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CCPC Agenda 09/19/2019 GMPA/CPSS - Courthouse Shadows COLLIER COUNTY GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT (ADOPTION HEARINGS) PL20180003659/CPSS-2019- 1 [Zoning Companion PL20180003658] Project 4 Location • o r a m 0 Clerks Office CCPC: SEPTEMBER 19, 2019 BCC: OCTOBER 22, 2019 • • I TABLE OF CONTENTS CCPC — September 19, 2019 COLLIER COUNTY GMP SMALL SCALE AMENDMENT ADOPTION HEARING 1) TAB: Adoption Staff Report DOCUMENT: CCPC Staff Report: PL20180003659/CPSS-2019-1 2) TAB: Adoption Ordinance DOCUMENTS: Adoption Ordinance with Exhibit "A" text (and/or maps): PL20180003659/CPss-2019-1 3) TAB: Project PL20180003659/ DOCUMENT: Application/Petition Petition CPSS-2019-1 4) TAB: Legal Advertisement DOCUMENT: CCPC Advertisement • I • Agenda Item 9.A.2 Co e-r Co-vrivi_ty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 19, 2019 SUBJECT: PETITION PL20180003659/CPSS-2019-1, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] (Companion to PL20180003658, Courthouse Shadows PUDA) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) PETITIONER/OWNER/AGENTS: Petitioner/Owner: Mark S. Jenkins, Sr. V.P., for KRG Courthouse Shadows, LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Agent: D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor&Associates, PA Coleman Yovanovich & Koester, PA 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34134 Naples, Florida 34103 GEOGRAPHIC LOCATION The subject property comprises ten (10) acres and is located off-frontage, south of the intersection of Tamiami Trail East, (US 41) and Airport-Pulling Road South, and south and east of Peters Avenue, in Section 12, Township 50 South, Range 25 East. The subject property makes up a portion of the larger Courthouse Shadows Commercial Planned Unit Development(a companion PUD amendment (PUDA) petition would change this to a Mixed Use PUD) (±20.35 acres), and lies within both the Mixed Use Activity Center Subdistrict #16 and the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO). (East Naples Planning Community) The 10-acre site is depicted with a diagonal striped pattern on the Activity Center#16 map excerpt on the next page. -1 - CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 ........� 4- _ BLDG ■ I i. V I1.11.11,1,"7---;G u a BLDG C D ` �I/ COLLIER COUNTY Nj 1 IIIIIP "`M 3ANETT a GOVERNMENT BLDG aLo BANK \ I eLoc c-� BLDG COMPLEX K G 11 ~ L HARRISON RD. do ---- a eN ' \ \N < •ARKING 0U S 0 AL 1 C PARKING c _ — PARCfL B-1 •••4 _.:"._ i 44 4 © J oI I W-{per- PARCEL �� r `` ie4- P< C-5 pirie i* s'�l' - - PUD FARC rOURTHOOSE SHADOWS _ / 44 ..' ,. .__ - _ PARCEL B-\\ / C ., n _ — / / minnice, �9h 1 29 AC. MAN CREEk TM" \ 4 c I C-3 REQUESTED ACTION This petitioner seeks to amend Mixed Use Activity Center #16, US 41 and Airport-Pulling Road, in the FLUE Future Land Use Map Series of the Growth Management Plan (GMP), affecting ten (10) or fewer acres, by amending the: 1) FLUM inset map for Mixed Use Activity Center#16 to depict the affected 10-acre area, 2) Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) text to revise provisions regarding the uses and density allowed within the affected area. Both the amended map and Overlay language proposed by this amendment are found in Ordinance Exhibit "A". [Note: Though the amendment text in petition materials differs from that in the Ordinance, the density is the same and the petition agents have seen and approved of the Ordinance language.] PURPOSE AND DESCRIPTION OF AMENDMENT The petitioner proposes amended Overlay provisions that allow a residential density increase of 12.8 dwelling units per acre (DU/A) or 128 DUs; these DUs are limited to rental apartments only and to the 10-acre portion of the PUD that is the subject of this GMP amendment petition. Additional density allowances already existing in the FLUE would allow an additional 172 DUs, for a total of 300 DUs, within that portion of the Courthouse Shadows PUD proposed to allow mixed uses via the companion PUDA petition. The FLUE does not limit these 172 DUs to apartments –they could be single family --, or multi-family, rental or fee simple ownership – but the companion PUDA does. As the subject site —2— CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 is presently zoned commercial, which has no assigned residential density, none of the proposed density is an entitlement. Refer to the table below. FLUE Provision Density GMP Amendment 12.8 DU/A X 10 acs. = 128 DUs Mixed Use Activity Center density 4 DU/A x 18.8 acs. within PUD proposed for mixed use = 75 DUs Bayshore/Gateway Triangle Redevelopment 97 DUs Overlay density bonus pool SUM 300 DUs STAFF ANALYSIS FUTURE LAND USE DESIGNATION, ZONING AND LAND USE: Subject Property: The subject property, which comprises approximately 10 acres, is currently designated Urban Mixed Use District, Mixed Use Activity Center Subdistrict,which generally provides for concentrating commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character[including the full array of commercial, residential, institutional, hotel/motel, community facilities, and other land uses] developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting projects. This property also lies within the boundaries of the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), and the Coastal High Hazard Area (CHHA). It is zoned the Courthouse Shadows CPUD, and developed with a commercial shopping center. (The entire Courthouse Shadows CPUD lies with the Mixed Use Activity Center #16, the B/GTRO, and the CHHA.) Surrounding Lands: The Collier County Government Center, including the Collier Area Transit station, is across US 41 East to the north, and a Walmart store lies to the east across US 41 East. A shopping center lies within 1/2 mile to the southeast and northwest, as well as several strip centers and individual buildings containing retail, restaurant, office and personal service uses. North and East: The Future Land Use Map designates land north and east of the subject property, across US 41 East, as Urban Mixed Use District, Mixed Use Activity Center Subdistrict; this land is within the boundaries of Mixed Use Activity Center #16. Generally, the governmental properties to the north lie within the boundaries of the B/GTRO and the CHHA, while those commercial properties to the north lie outside the Overlay. Land nearer Airport-Pulling Road South is zoned Collier County Government Complex PUD and is developed with the County's Main Administrative Facilities. Land further south and east along US 41 East is zoned C-5, General Commercial, and is developed with a major commercial retailer. —3— CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 South: The Future Land Use Map designates land lying south of the subject property, across College Court, and across Henderson Creek, as Urban Mixed Use District, Urban Coastal Fringe Subdistrict and within B/GTRO. Generally, properties to the southwest lie within the boundaries of the B/GTRO and the CHHA, while those properties to the southeast, across US 41 East, lie outside the Overlay. These areas are zoned C-3, Commercial (BMUD R-1), RSF-4, Residential Single-Family(BMUD R-1), and are developed residentially. West: The Future Land Use Map designates land immediately west of the subject property as Urban Mixed Use District, Urban Coastal Fringe Subdistrict and within the B/GTRO and the CHHA; areas are also within the boundaries of Mixed Use Activity Center#16. These areas are zoned RMF-6, Residential Multi-Family (BMUD R-1), and RSF-4, Residential Single-Family, and are developed residentially. A small number of properties fronting US 41 East, and west of the subject property across Peters Avenue, are zoned C-3, Commercial (GTMUD MXD), and developed as such. In summary, the subject property lies along the transitional US 41 East corridor— the existing and planned land uses, and current zoning, in the area to the north and east of the subject property are primarily commercial and institutional, while in the area to the south and west of the subject property are primarily residential. Criteria for GMP Amendments in Florida Statutes The data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Identification and Analysis of the Pertinent Criteria in Florida Statutes, Chapter 163.3187, to Qualify as a Small-Scale Comprehensive Plan (GMP)Amendment: The process for adoption of small-scale comprehensive plan amendment requires (in part) the following statutory standards be met, [followed by staff analysis in bracketed text]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. /The amendment pertains to a 10-acre property] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. /This amendment involves text changes that relate directly to site-specific Future Land Use Map changes.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the —4— CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 Administration Commission pursuant to s. 380.05(1). /The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. /The amendment preserves the internal consistency between and among GMP elements.] Section 163.3177(1)(f), Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon relevant and appropriate data and an analysis by the local government, (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission.Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. —5 — CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 Section 163.3177(6)(a)2. Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon surveys, studies and data regarding the area, 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: The process for adoption of a comprehensive plan map amendment [which this is] requires (in part) that plan amendments shall be based analyses of the availability of facilities and services, the suitability of the plan amendment for its proposed uses, and of the minimum amount of land needed to achieve the goals and requirements of the existing subdistricts, overlays and special designations, within which land use programs and activities are ultimately directed. (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. —6— CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. BACKGROUND, CONSIDERATIONS AND ANALYSIS Subject Property History Includes: (1) Collier County adopted the Growth Management Plan, which included the Mixed Use Activity Center Subdistricts (MUAC), in 1989. From its inception, the MUAC concept allowed and encouraged mixed use development. The site was also seaward of the Coastal Management Boundary, predecessor to the Coastal High Hazard Area (CHHA). (2) Collier County approved a rezone petition for 20+ acres to establish the CDC aka Collier PUD in 1985 to allow commercial development — appears to be C-3 uses plus hotel (unspecified square feet; hotel limited to 156 units). The existing shopping center, anchored by a grocery store, was built in 1988, per Collier County Property Appraiser GIS data. Outparcels were developed at different times. (3) The CDC PUD was rezoned to Courthouse Shadows PUD in 1992 to allow 147,000 square feet of C-3 uses. (4) Collier County adopted the Bayshore/Gateway Triangle Redevelopment Plan in early 2000 and adopted the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the FLUE in late 2000. Both encompassed the Courthouse Shadows PUD. (5) In the mid-2000s, the South US 41 Transportation Concurrency Exception Area (TCEA) was adopted in the Transportation Element; it encompassed the Courthouse Shadows PUD. Development in the TCEA may require employment of Transportation Demand Management (TDM) strategies. (6) At some point, the County approved a small expansion (±0.25 acres) of the PUD to add land along Peters Street, and to increase the permitted floor area to 165,000 square feet of C-3 uses. Appropriateness of the Site and the Change: Mixed Use Activity Centers in Collier County encourage and provide for residential development in mixed-use settings. The size and location of the site is appropriate for redevelopment adding a residential component. The site is proximate to major employment opportunities, goods and services, and public transit — both within and outside of the Activity Center. The Collier County Government Center, including the Collier Area Transit station, is across US 41 East to the north, and a Walmart store lies to the east across US 41 East. A shopping center lies within 1/2 mile to the southeast and northwest, as well as several strip centers and individual buildings containing retail, restaurant, office and personal service uses. _7_ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 The site is also within the Bayshore/Gateway Triangle Redevelopment Overlay, an Overlay specifically created to encourage redevelopment. The existing shopping center in the Courthouse Shadows CPUD is almost completely vacant. Though the site lies within the CHHA, mitigation is provided (via the companion PUDA petition) as requested by Bureau of Emergency Services (BES); both US 41 East and Airport-Pulling Road South are emergency evacuation routes; and, for lower intensity storm events, the BES typically encourages shelter-in-place for residents in well-built structures (e.g. concrete block structures built to current Code requirements). The site is also within the South US 41 Transportation Concurrency Exception Area (TCEA). This area may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 of the Transportation Element. Meyers Research prepared a Rental Apartment Needs Analysis (January 2019) as part of the supporting data & analysis submitted with GMPA application materials. The Meyers Research analyzes the [specific] need for market rate rental apartments, revealing that a healthy apartment market is evidenced by rental rates for market-based apartments that steadily increased from the beginning of 2011, by several projects at lease-up stage, and by market rate rental apartments historically hovering near full occupancy rates. The Analysis indicates that the projected population growth provides sufficient demand for market-based apartments, with the ability to absorb from 7,055 (2020)to 7,490 residents (2022). At the macro level at which a GMP amendment is reviewed, staff is of the opinion that the proposed GMP amendment is appropriate for the site. The companion PUDA petition to implement the subdistrict provisions will need to address specific compatibility measures. These could include maximum building height; landscape buffers, preserve area location, and open space; building locations and minimum setbacks; building massing and orientation. Environmental Impacts: The subject property is 10 acres of the parent Mixed Use Activity Center#16 and the site is developed with a shopping center. It is not designated as being located within a County Wellfield Protection Area, but is located in the CHHA. Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the CHHA. The CHHA boundary is generally depicted on the FLUE's Countywide Future Land Use Map and is more precisely shown in the Future Land Use Map series. CCME Policy 12.2.6 requires "all new sanitary sewer facilities in the CHHA be flood proofed, and be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable." This policy applies to "structures or systems designed for the collection, transmission, treatment, or disposal of sewage" and encompasses both on-site (and typically privately owned) and off-site (publicly owned, in the right-of-way and on County owned lands) facilities. Notwithstanding the objective under which this policy lies, this policy is not limited to public infrastructure—it also applies to private infrastructure. —8— CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 As it applies to the proposed small-scale GMPA, there is no action or design required by this policy beyond that which is already required by Collier County, FDEP and possibly other agencies. Turrell, Hall & Associates, Inc. prepared an Environmental Due Diligence Report (amended to January 2019) as part of the supporting data & analysis submitted with GMPA application materials. The Due Diligence Report provides a preliminary site assessment and document research in evaluating the proposal, indicating: • Wetland permitting will be limited to the relocation or improvements to the stormwater outfall structure from the development to the Creek. • If docks are proposed, then additional state and federal permitting will be required for the docks. • A gopher tortoise relocation permit may be required if the burrow observed remains active and the proposed redevelopment impacts the area within 25 feet of where the burrow is located. • Redevelopment will likely require native habitat preservation for the County, which would result in a conservation easement over at least 25% of the shoreline mangroves (assuming they are not within the existing drainage easement). `, � ♦ ♦ t APPROXIMATE dida:A4:41/ _- -b12E2 L �" 510 E2 • , y % Staff reviewed the Report and determined these evaluation remarks do not directly impact Comprehensive Planning findings. The companion PUDA petition will need to address specific compatibility measures.] Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: Both US 41 East and Airport-Pulling Road South are emergency evacuation routes; and, for lower intensity storm events, BES typically encourages shelter-in-place for residents in well-built structures (e.g. concrete block structures built to current Code requirements). The site is also within the South US 41 Transportation Concurrency Exception Area (TCEA). This area may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 of the Transportation Element. JMB Transportation Engineering, Inc. submitted a Traffic Impact Statement (revised to April 2019). [Review comments from Transportation Planning staff were not received with regard to the TIS generally, nor to the specific issues of how project traffic engineers are addressing pedestrian traffic issues, including —9— CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 with the Collier Area Transit station, across US 47 East;the impacts of US 41 East and Airport-Pulling Road South serving as emergency evacuation routes; and, TCEA transportation concurrency requirements.] Public Facilities Impacts: The petitioner submitted a Public Facilities Analysis, dated June 18, 2019 (Exhibit V.E). Staff reviewed the Analysis and provide the following [bracketed] remarks: • Potable Water and Wastewater Treatment Systems: The subject property lies within the City of Naples Potable Water Service Area and the Collier County Water-Sewer District. [System capacity is confirmed at the time of development permit(SDP or PPL) review, and a commitment to provide service will be established upon permit approval.] [Eric Fey, P.E., Senior Project Manager Public Utilities Department] • Solid Waste Collection & Disposal: The solid waste disposal service provider is Collier County Solid Waste Management. The 2018 AUIR notes that the County projects no landfill capacity issues [nor does the pending 2019 AUIR]. • Stormwater Management System: The Facilities Analysis indicates stormwater retention and detention will comply with the SFWMD requirements, and, with County standards for basin [stormwater] discharge rates. • Park and Recreational Facilities: [A full analysis of impacts to Community or Regional Parks and Recreation Facilities is not provided.] The analysis simply states that parks and recreational facilities are not adversely impacted by the "creation of the subdistrict", going on to state that the associated multi-family residential development "will pay park impact fees to mitigate their impacts" [Review comments from Parks & Recreation staff were not received with regard to the lack of an analysis of parks and recreational facilities'impacts.] • Schools: [A full analysis of impacts to schools and school facilities is not provided.] The analysis simply states that school facilities are not adversely impacted by the "creation of the subdistrict", going on to state that the associated multi-family residential development "will pay school impact fees to mitigate their impacts" [Review comments from Collier County School District staff were not received with regard to the lack of an analysis of schools and school facilities'impacts.] • Emergency Medical (EMS) and Fire Rescue Services: The subject property is located within the Greater Naples Fire and Rescue District, who's collocated EMS/fire station 22 is located at 4375 Bayshore Drive, approximately 1.0 mile to the southwest. No adverse impacts to these safety services result from the proposed development. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F. was [duly advertised, noticed and] held, jointly for this small-scale Growth Management Plan amendment petition and companion PUD amendment petition, on May 7, 2019, 6:00 p.m. at the Naples Botanical Garden Buehler Auditorium meeting facilities, located at 4820 Bayshore Drive, Naples. Approximately thirty-five people other than the application team and County staff attended. -10— CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 Wayne Arnold, of Q. Grady Minor (agent representing the applications), introduced other principals present, including Sharon Umpenhour, also of Q. Grady Minor, Rob Sucher of Johnson Development (developer of the residential component), Doug Kirby of Kite Realty (current owners), Christina Johnson of J.R. Evans Engineering (project engineers), Jim Banks of Banks Engineering, and Rich Yovanovich of Coleman Yovanovich & Koester (attorney). James Sabo and Sue Faulkner, AICP, Principal Planners with the Growth Management Department, Zoning Division, and Commissioner Donna Fiala, Board of County Commissioners, were also in attendance. Mr. Arnold described the existing characteristics of the property, located southwest of US 41 East and south of Airport-Pulling Road. He explained how the small-scale GMPA and PUDA requests will allow the option for residential development, plus existing commercial uses. He displayed a site plan showing a possible arrangement of buildings for the multi-family residential uses. Mr. Arnold explained how the Activity Centers generally allow for residential uses. This amendment is similar to that previously proposed for the Sam's Club uses, in that it allows for another development option in Courthouse Shadows. Commercial uses will remain on outparcels, while residential buildings can be located centrally, on a 16-acre internal parcel. Neighbors in attendance expressed their concerns on automobile traffic, and how this intersection's high volume in particular, creates lengthy back-ups and a dangerous pedestrian environment. Pedestrian interconnections and safety are major concerns. Mr. Arnold explained that the major employers nearby and pedestrian traffic were characteristics that made this site attractive, and how project traffic engineers will be addressing these issues. One speaker asked about the residential density, and unit types. Rob Sucher, of Johnson Development addressed this, describing up to 300 market rate apartments, of 1-to 3-bedroom units. Building heights and fire suppression capabilities were discussed. Concerns were raised over the traffic maneuvers at Peters Avenue. Team discussed how proposal will remove the extra access onto Peters previously approved for Sam's Club. Mr. Sucher said the developer has prepared a Transportation Impact Study (TIS) to address traffic issues, which directs the residential traffic onto US 41 East access points. One speaker asked about the type of development and amenities proposed. Rob Sucher discussed how the residential concept included utilization of Haldeman Creek for residents' recreational access. a dog park, swimming pool, and on-site work centers as office space available to residents. Examples of similar projects located elsewhere were given. Concerns regarding a history of construction activities, their related problems, and an inability for neighbors to contact someone about them, led Mr. Arnold to commit to providing the surrounding residents with contact phone number(s) for 24-hour responses to their concerns during the construction of the residential component of the project. This may also include during the demolition of the commercial building(s). Neighbors asked about the public hearing process before the Planning Commission and County Board, and the anticipated schedule these two companion petitions are on. Mr. Arnold explained hearing dates would be posted on their website. The Information Meeting was ended at approximately 7:10 p.m. -11 — CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County's "I" drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site is currently zoned CPUD and developed with a 30-year-old commercial shopping center. The entire Courthouse Shadows PUD is designated Mixed Use Activity Center Subdistrict on the FLUM, which allows and encourages mixed use development, and lies within the boundaries of the Bayshore/Gateway Triangle Redevelopment Overlay, an area where numerous incentives promote redevelopment projects. • The site lies within the South US 41 TCEA, an area where it may require employment of Transportation Demand Management (TDM) strategies to reduce traffic impacts. • The site also lies within the Coastal High Hazard Area (CHHA). However, the companion PUDA includes mitigation, and both US 41 East and Airport-Pulling Road South are hurricane evacuation routes. • The site is proximate to major employment opportunities, goods and services, and public transit. • Analysis indicates that projected population growth provides sufficient demand for market-based apartments. • At the macro level at which a GMP amendment is reviewed, staff is of the opinion that the proposed GMP amendment is compatible with surrounding properties. The companion PUDA petition will need to address specific compatibility measures. • No issues regarding impacts upon potable water, wastewater collection and treatment or solid waste collection and disposal services have been identified, nor concerns for impacts upon other public infrastructure. • The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element(CCME), and there is no action or design required by Policy 12.2.6 beyond that which is already required by existing regulations. • People attending the Neighborhood Information Meeting expressed a strong consensus that developing the property needs to take both vehicular and pedestrian traffic and safety into consideration. • A companion PUDA petition has been submitted concurrent with this GMPA petition to permit 300 market rate rental apartments. Approval of this amendment, and the companion PUDA, would allow the subject property to develop with any one or more of the commercial uses permitted, or with a mixed use (commercial-residential) project. • A commitment will be fulfilled through the companion PUDA to provide onsite signs posting, or by other means to keep people informed of, contact phone number(s) for 24-hour responses to their concerns during the construction of the residential component of the project. This commitment may also include the period during the demolition of the commercial building(s). —12— CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 LEGAL CONSIDERATIONS The Office of the County Attorney reviewed this report on September 9, 2019. In addition to pertinent small-scale (GMP) amendment criteria in Florida Statutes, Section 163.3187 addressed above, the criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION Staff recommends that the Collier County Planning Commission forward Petition PL20180003659/CPSS-2019-1 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. [Remainder of page intentionally left blank] -13— CPSS-2019-1 /PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE Agenda Item 9.A.2 PREPARED BY: DATE CORBY SCHMIDT,AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION. ZONING DIVISION PREPARED AND REVIEWED BY: -_-o� DATE- 9- 'T /f DAVID WEEKS,AICP. GROWTH MANAGEMENT MANAGER COMPREHENSIVE PLANNING SECTION. ZONING DIVISION APPROVED BY: DATE: /— li JAMES FRENCH. DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PETITION No.: PL20180003659/CPSS-2019-1 Staff Report for the September 19, 2019, CCPC meeting. NOTE: This petition has been scheduled for the October 22, 2019, BCC meeting. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-1 AC 16-CH Shadows\CCPC\CPSS-19-1 CCPC stff rprt_FNLl.docx ti• –14– CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center#16 in the FLUE ORDINANCE NO. 2019- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MIXED USE ACTIVITY CENTER #16 MAP BY DESIGNATING 10 ACRES IN THE COURTHOUSE SHADOWS MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY ELIGIBLE FOR RESIDENTIAL DEVELOPMENT UP TO 12.8 UNITS AN ACRE PLUS A BASE DENSITY OF 4 UNITS AN ACRE FOR THE MPUD AND UP TO 97 DENSITY POOL UNITS FOR THE MPUD AS DETERMINED BY A REZONE. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 10 ACRES OF A 20.35+/- ACRE MPUD; AND BY PROVIDING AN EFFECTIVE DATE. [PL20180003659] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, KRG Courthouse Shadows, LLC requested an amendment to the Future Land Use Element and Mixed Use Activity Center#16 Map; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and [19-CMP-01047/1491213/1]63 1 of3 PL20180003659—Courthouse Shadows SSGMPA 8/08/19 Words underlined are additions, words struck through are deletions. WHEREAS, the Collier County Planning Commission (CCPC) on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Mixed Use Activity Center #16 Map in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. --r [19-CMP-01047/1491213/1]63 2 of 3 PL20180003659—Courthouse Shadows SSGMPA 8/08/19 Words underlined are additions,words s�sIE-thr-eugh are deletions. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: L Heidi Ashton-Cicko, 4l' Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment & Map Amendment [19-CMP-01047/1491213/1]63 3 of3 PL20180003659—Courthouse Shadows SSGMPA 8/08/19 Words underlined are additions,words struck r are deletions. EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** Text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] *** *** *** *** *** Text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Page 142] *** *** *** *** *** Text break *** *** *** *** *** [Beginning Page 143] 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential Density for a mixed-use project within Mixed Use Activity Center #16 that is located within the Courthouse Shadows Mixed Use Planned Unit Development (MPUD) may also be increased as follows: A ten-acre portion of the MPUD identified on Activity Center#16 Map in the Future Land Use Map series is eligible for a density bonus of 12.8 dwelling units per acre(128 units);these units are limited to rental apartments only. This density is in addition to a density of up to four dwelling units per acre allowed by the Mixed Use Activity Center Subdistrict for the MPUD and up to 97 density bonus pool units for the MPUD which may be assigned during a rezone. The density bonus of 12.8 dwelling units per acre (128 units) will only be located on the ten acres identified on the Activity Center#16 Map. CourtShad GMPA Ex.A text_DW2 G:ICDES Planning Seivices\Comprehensive1Comp Planning GMP DATA\Comp Plan Amendments12019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-1 AC 16-CH Shadows\Exhbt A txt&maps dw/8-5-19 Page 1 of 2 N — 0.N r-,rx • • O N K OOH H O } co 4:t OU_1 W • L 01 r x Op a u Q z sz- WF m q : :i .� F 2 •N9 0' go LU i - 2 7-wiio= o 2 2. itl- d v 3 Wo co Zo 7,— J,, 5 F ou°'z4 w F I-Lt 8_ "4 Z , • z z is a L o°a s. 0 -' � Ili$ io F F < oQz;� � cae$ a Q � Wz LLwow-? fAoi�orc ��V 4 � i 4e1 LL i uw_ , : / yg g 1 0o \) 8 ' 0.& V-L- <6 / / . ///----, , O c r SU - • - . a` w, :— j _ ��_—�T __ ...ii F: r . . „ LI ro . . . ill* 1/4 .c.,r, , A .47,p 0: V = "r3 e i f!4, it1i 18 4 • a -.-z. ir, x Orli II �' �o, all ILI ) M --7--.• ._ a.. 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LI : 7i . . . . . ;' �iii��ii ...,,,... , , 1 1 „, Iii.: IPA IiiiiieVio.' -r r—_,, , (;.., . , 1 ::// ' x 9® a ® a 4 I� 11 �, o .., �l®�st�Ys� J / a , =® al Ell a III" Mill -ill il El ii li : :� • / / 7 ® te !IPJhjJi - -. / .;--- ; k ,,� las Es carPage 2of2 ®®o•' Courthouse Shadows GMP Amendment (GMPA) PL20180003659 Application and Supporting Documents September 19, 2019 CCPC Hearing November 12, 2019 BCC Hearing ©GradyMinor Civil Engineers•Land Surveyors•Planners•Landscape Architects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 11, 2019 Mr. David Weeks Principal Planner Collier County Growth Management Division/Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Growth Management Plan Amendment Application Courthouse Shadows CPUD (PL20180003659),Activity Center#16 Dear Mr.Weeks: A Collier County Growth Management Plan Amendment(GMPA)application for properties located at the southeast quadrant of Airport Road and Tamiami Trail East (U.S. 41) is being submitted for review. This application proposes revise language of the Activity Center Subdistrict in the Future Land Use Element to allow a maximum of 300 multi-family dwelling units within 10 acres of the Courthouse Shadows PUD. The proposed amendment reflects the market demand for residential development in this location. The GMPA is supported with a companion PUD amendment, which establishes the specific development standards for the proposed use, and a Master Plan for development of the residential use. Please feel free to contact me should you have any questions. Sincerely, D.Wayne Arnold,AICP c: Doug Kirby Rob Sucher Richard D.Yovanovich GradyMinor File Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN .� APPLICATOIN NUMBER PL20180003659 DATE RECEIVED PRE-APPLICATION CONFERENCE DATE January 15, 2019 DATE SUFFICIENT This application,with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Mark S. Jenkins-Senior Vice President Company KRG COURTHOUSE SHADOWS LLC Address 30 S. Meridian St.,Suite 1 100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number "~ B. Name of Agent* D. Wayne Arnold, AICP • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Q. Grady Minor and Associates, P.A. Address 3800 Via Del Rey City Bonita Springs State Florida Zip Code 34134 Phone Number Fax Number Bl. Name of Agent* Richard D.Yovanovich • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Coleman,Yovanovich and Koester, P.A. Address 4001 Tamiami Trail North,Suite 300 City Naples State Florida Zip Code 34103 Phone Number 239-435-3535 Fax Number C. Name of Owner (s) of Record KRG Courthouse Shadows LLC Address 30 S. Meridian St.,Suite 1 100 City Indianapolis State IN Zip Code 46204 Phone Number 317-577-5600 Fax Number 1 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Please see Exhibit I-D II. 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 Not Applicable B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Not Applicable C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Not Applicable 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 KRG Courthouse Shadows LLC 100% KRG Courthouse Shadows I LLC 30 S. Meridian St, Suite 100 Indianapolis, IN 46204 Please see Exhibit II 2 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 Johnson Development Associates, Inc. 100% Please see Exhibit II Date of Contract: 08/27/2018 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 Not Applicable G. Date subject property acquired (X 2006) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: 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. Ill. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION Please see Exhibit III.A B. GENERAL LOCATION 3420 and 3290 TAMIAMI TRL E, Southeast quadrant of Airport Road and Tamiami Trail E. (U.S. 41) C. PLANNING COMMUNITY East Naples D. TAZ 289 E. SIZE IN ACRES 20.35± acres F. ZONING Courthouse Shadows CPUD G. SURROUNDING LAND USE PATTERN Developed residential and commercial H. FUTURE LAND USE MAP DESIGNATION(S) Urban Designation, Commercial District, Mixed Use Activity Center Subdistrict, #16 US 41 and Airport-Pulling Road 3 IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element X Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE (S) 57 and 143 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please see Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Not applicable TO Not applicable D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Activity Center#16 E. DESCRIBE ADDITINAL CHANGES REQUESTED: Not applicable V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1"=400'. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit VB Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands,with acreage totals for each land use designation on the subject property. 4 C. ENVIRONMENTAL N.A. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE:THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. N.A. Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2(Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-1 1.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-1 1.006(1)(a)7.a, F.A.C.) N/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-1 1.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y, ** Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1 1.007, F.A.C.) ** Please see Market Study prepared by Michael J. Timmerman E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E. Potable Water Exhibit V.E. Sanitary Sewer Arterial & Collector Roads; Name specific road and LOS Pine Ridge Road Goodlette-Frank Road *** Please see Traffic Impact Analysis prepared by Exhibit V.E. Drainage Exhibit V.E. Solid Waste Exhibit V.E. Parks: Community and Regional 5 If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E. Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e.water,sewer, fire protection, police protection, schools and emergency medical services. 3. N.A. Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools,fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone X Flood zone based on Flood Insurance Rate Map data (FIRM). N.A. Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Traffic Congestion Boundary, if applicable N.A. Coastal Management Boundary, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION N.A. $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Provided $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Provided Proof of ownership (copy of deed) Provided Notarized Letter of Authorization if Agent is not the Owner (See attached form) Submitted Electronically 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. *Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. 6 Courthouse Shadows MPUD (PL20180003659) Activity Center#16 Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments The project is located within Activity Center#16 on the Future Land Use Map. The project is also located within the Bayshore/Gateway Triangle CRA Overlay. Mixed Use Activity Centers are intended to provide for both commercial and residential development. The PUD amendment is accompanied with a small-scale comprehensive plan amendment, which proposes to permit increased density on a 10- acre portion of the site. The application proposes a total of 300 multi-family apartments on approximately 18.8 acres of the 20.35 acre PUD. The plan is to utilize up to 97 units from the bonus pool, in addition to the base density of 4 dwelling units per acre, with the balance of the 300 units resulting from the units permitted by the small-scale amendment. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The City of Naples provides potable water to the site, and there are no existing or anticipated deficiencies. Sanitary Sewer services are provided by Collier County. Chapter 163.3177 (6) (a) 2.The future land use plan and plan amendments shall be based upon surveys, studies,and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. The applicant has provided a market analysis,which demonstrates that the proposed residential option is supported by demand for rental apartments at this location. The property is located in the urban area of Collier County and is within an Activity Center, which supports higher densities of residential uses under the existing Growth Management Plan. The site is appropriate for higher intensity uses. April25,2019 Grady?linor Page 1 of 2 KRCSA Comp Plan Consistency-revl.docx CMI Engineers•land Surveyors•Planners•landscape lmhltecI.. Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (PL20180003659) Activity Center#16 Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments The property is located proximate to the Collier County government center,which houses a majority of the County's governmental functions. The site is a largely vacant retail commercial center and the market analysis demonstrates that there is a demand for additional rental units at this location. Redevelopment of the site as a mixed-use property is consistent with the objectives of the Bayshore/Gateway Triangle Redevelopment Overlay. Commercial and residential development are adjacent to the site. The GMP provides for mixed-use projects within the Activity Centers. Buffers and development standards have been proposed which insure compatibility of the proposed MPUD with surrounding properties. Redevelopment of the site as a mixed use project will support redevelopment and discourage urban sprawl consistent with Chapter 163.3177 of the Florida Statutes. The GMP amendment is necessary under the Collier County GMP in order to permit the proposed intensity for a portion of the applicant's property. Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils,topography, natural resources,and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Public infrastructure exists to service the proposed uses within the Activity Center. 163.3184 Process for adoption of comprehensive plan or plan amendment. This Section of statute outlines the process and authority for the agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any transmitted comprehensive plan amendment per the requirements of Chapter 163.3184 F.S. The applicant's experts are of the opinion that there are no regional or state impacts associated with the application. April 25,2019 111 GradyMinor Page 2 of 2 KRCSA Comp Plan Consistency-revl.docx Chil Engineers•Land ("WM•Planners•landscape Architects Q.Grady Minor&Associates.P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (PL20180003659) Activity Center#16 GMPA Narrative The Courthouse Shadows Mixed Use Planned Unit Development (MPUD) is a 20.35± acre property located on the southeast corner of the intersection of Tamiami Trail East (U.S. 41) and Airport Road. The property is located within designated Activity Center#16 on the Future Land Use Map. A small-scale plan amendment has been submitted which proposes to permit an increase in density for a 10 acre portion of this project located within the activity center as a development option for this PUD in order to achieve a total of 300 units within the PUD. The PUD has been developed to date with approximately 150,000 square feet of retail and office commercial uses. This amendment proposes to develop up to 300 multi-family apartments as an option for the site. An alternative Master Plan (Exhibit B) option identifies the location of the potential residential dwellings and the area that would remain for commercial uses. A market analysis demonstrating demand for the residential use has also been provided. The project is located within Activity Center #16 on the Future Land Use Map. The project is also located within the Bayshore/Gateway Triangle CRA Overlay. Mixed Use Activity Centers are intended to provide for both commercial and residential development. The PUD amendment is accompanied with a small-scale comprehensive plan amendment, which proposes to permit increased density on a 10-acre portion of the site. The companion PUD application proposes a total of 300 multi-family apartments on approximately 18.8 acres of the 20.35 acre PUD. The plan is to utilize up to 97 units from the density pool, in addition to the base density of 4 dwelling units per acre, with the balance of the 300 units resulting from the increased units permitted by the small-scale amendment. The density calculations are as follows: Activity Center 18.8 ac x 4 du/ac= 75 units Bonus Pool Units 97 units Proposed Small-scale 10 ac x 12.8 du/ac= 128 units Total 300 units Net Density for 18.8 acres residential area 16 du/ac Gross Density for PUD (20.35) 14.74 du/ac April25,2019 El Grath Minor Page 1 oft KRCSA GMPA Narrative.docx (Ail Engineers•Land sir:v cors•Planners•landscape Architect, Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (P120180003659) Activity Center#16 GMPA Narrative A map amendment to Activity Center #16 is also included with the small-scale amendment application,which identifies the 10-acre area in which the increased density will be applicable. The site is well suited for the increase in density, which will authorize redevelopment of a defunct shopping center with up to 300 multi-family apartment units. The resulting project will be a mixed-use development, which is consistent with the Future Land Use Activity Center Subdistrict stated objectives. The Bayshore/Gateway CRA promotes development and redevelopment opportunities within the CRA. This project will fulfill the stated goals for the CRA. The project location is ideal due to the proximity to the Collier County Government complex, which provides opportunities for employment, and it provides an opportunity for residents to easily travel throughout Collier County with the Collier Area Transit (CAT) transfer station located on the government complex. The County Government complex is easily walkable from the proposed residences, and residents have a safe crossing of U.S. 41 to the County Government complex via a traffic-signalized intersection serving the Courthouse Shadows PUD. Infrastructure is in place to service the proposed residential component,and the site has direct access to two signalized intersections. Although a portion of the site is within the Coastal High Hazard Area (CHHA),the applicant will mitigate for its impacts as required by Florida Statutes. To this end,the applicant concurs with the mitigation strategy suggested by Emergency Management staff;therefore,the project will be consistent with the statutory mitigation requirement. April25,2019 ©GradyMinor Page 2 of 2 KRCSA GMPA Narrative.docx Civil Engineers•Land Sui w ors•Planners•landscape.\rvhitects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20180003659 and PL20180003658 (Courthouse Shadows PUD) I, Mark S. Jenkins, as Senior Vice President of KRG Courthouse Shadows LLC , swear or affirm under oath, that I am the(choose one)owner X applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Q. Grady Minor&Assoc., P.A. and Coleman, Yovanovich & Koester, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. -� Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. KRG Courthouse Shadows, LLC By: KRG Courthouse Shadows I, LLC its sole member which is a wholly owned subsidiary of Kite Realty Group Trust 1L - / 3t�iy Mark S.Jenk$1, Sellior Vice President Da e STATE OF (V'I(LI'l.L COUNTY OF flied)f;& The foregoing instrument was sworn to(or affirmed) and subscribed before me on 5: , 't (date) by Mark S. Jenkins, as Senior Vice President of KRG Courthouse Shadows LLC who is personally 'known to me'or who has produced (type of identification) as identification. Signatdre of Notary Public STAMP/SEAL 5R MrLy:2E1E:::::326 id, na EAl1/,�� CP\08-COA-00115\155 REV 3/24/14 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A. (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. KRG Courthouse Shadows, LLC By: KRG Courthouse Shadows I, LLC its sole member which is a wholly owned subsidiary()pate, Realty Group Trust Signed: Date: //.51 Mark S. Jenkins, enior ice President I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. KRG Courthouse Shadows, LLC By: KRG Courthouse Shadows I, LLC its sole member which is a wholly owned subsidiary of Kite Realty Group Trust 411"- Mark S. Jenk. s, c for Vice President STATE OF ( ir\olitt06+- ) COUNTY OF ( 1v1rW'.0 \ ) Sworn to and subscribed before me this ? �� l day of ,J6-/ , 2019 by ' >�at )/4• �130arK+,C2MY COMMISSION EXPIRES: Notary Public P4V14 TTc ni QA,Keq Erviary Pubic,State of Indiana CHOOSE ONE OF THE FOLLOWING: SEAL My Commission Exphms 3161208V who is personally known to me, who has produced as identification and did take an Oath did not take and Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." 7 Courthouse Shadows MPUD (P120180003659) Activity Center#16 Exhibit I.D. Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7th Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com Market Analysis: Michael Timmerman Meyers Research 239-269-0769 mtimmerman@meyersllc.com January 11,2019 111 GradyMinor Page 1 of 1 KRCSA Exhibit ID Consultants.docx Chit Engineers•Land Surveyors•Planners•Landscape Architects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (P120180003659) Activity Center#16 Exhibit II Disclosure of Interest Information I1. Disclosure of Interest Information: 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 KRG Courthouse Shadows LLC 100% 30 S. Meridian St, Suite 100, Indianapolis, IN 46204 Sole Member: KRG Courthouse Shadows I LLC 30 S. Meridian St, Suite 100, Indianapolis, IN 46204 KRG Courthouse Shadows 1, LLC is a wholly owned subsidiary of Kite Realty Group, L.P., the General Partner of which is Kite Realty Group Trust, a publicly traded company. Officers Percentage of Stock • John A. Kite- Chairman of the Board and N/A Chief Executive Officer • Thomas K. McGowan- President and N/A Chief Operating Officer • Scott E. Murray- Executive Vice President N/A • Mark S. Jenkins-Senior Vice President N/A • Rick S. Lally-Senior Vice President-Construction N/A • Randy Burke-Director-Construction N/A January 31,2019 GradyMinor Page 1 of 2 �-- KRCSA Exhibit 11 Disclosure of Interest.docx ChM Engineers•Land SureeNors•I'lanncrr•Landscape:Architects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (PL20180003659) Activity Center#16 Exhibit II Disclosure of Interest Information 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 Johnson Development Associates, Inc. 100% P.O. Box 3524, Spartanburg, SC 29304 Officers Percentage of Stock George D, Jr., Chairman/Director 100 Dunbar Street,Suite 400,Spartanburg,SC 29306 Dan C. Breeden, Jr., Director/Secretary/Treasurer 100 Dunbar Street,Suite 400, Spartanburg,SC 29306 George D. Johnson, Ill, CEO 100 Dunbar Street,Suite 400,Spartanburg,SC 29306 William Spry, CFO 100 Dunbar Street, Suite 400,Spartanburg, SC 29306 Thomas Messervy, President-Multifamily Division PO Box 3524,Spartanburg SC 20304 George Dean Johnson, Jr. 2009,Shareholder 33 1/3% Revocable Trust dated April 10, 2009 100 Dunbar Street,Suite 400,Spartanburg,SC 29306 Revocable Trust of George Dean 33 1/3% Johnson, Ill U/A dated January 23, 2017 100 Dunbar Street,Suite 400,Spartanburg,SC 29306 Susanna Presnell Johnson Trust 33 1/3% under agreement dated October 9, 1987 100 Dunbar Street,Suite 400,Spartanburg,SC 29306 Date of Contract: 8/27/18 g. Date subject property acquired 07/2006 January 31,2019 GradyMinor Page 2 of 2 KRCSA Exhibit 11 Disclosure oflnterest.docx Civil Engineers•Land Surreyors•Planners•Ianasscapr 1i i,iic(t, Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Z JO t _V/N WCO.SA V.hip r w �KrswM-CS99O9 SE(6a) a ;,✓ :. 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Kli 1—Z �Q Z z 6 m OI� in , 4N --- -- �, --- - - ^� �r ofr, ,\ I IL O 1 W aN - - - - - - N00'11'18'W - - - - 1 Z coo ,� 127.05' I 1 L 1 0.z o ,,,, J 1 v z� 1 U O it 3 (60' WIDE RIGHT-OF-WAY) z N N - 1 0 h L1 F-- 00 co '•') Z 3 a 0 0 ^ O ti = no 2 W N J z N N "- CO EfE of aj of O c0 LLJ 2 in Z Z z ZiW J J J J N Courthouse Shadows MPUD (PL20180003659) Activity Center#16 Exhibit IV.B Proposed Language Revise the FUTURE LAND USE ELEMENT *** *** *** *** *** Text break *** *** *** *** *** FUTURE LAND USE DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] *** *** *** *** *** Text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Page 142] *** *** *** *** *** Text break *** *** *** *** *** [Beginning Page 143] 6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential Density for a mixed-use project within Mixed Use Activity Center#16 that is located within the Courthouse Shadows Mixed Use Planned Unit Development (MPUD) may also be increased as follows: A ten-acre portion of the MPUD identified on Activity Center#16 Map in the Future Land Use Map series is eligible for a density bonus of 12.8 dwelling units per acre(128 units);these units are limited to rental apartments only. 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ID es s � — LL _ >>e( poi ia0r 3F u/` �r--T ITS F X 7 1 l�Tf {�}I5 L r= . — 7r v • v ! 7 i l__ Q6 COURTHOUSE SHADOWS Environmental Due Diligence PREPARED FOR: JOHNSON DEVELOPMENT ASSOCIATES 100 Dunbar Street,Suite 400 Spartanburg,SC 29306 PREPARED BY: v TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE NAPLES,FL 34104 AMENDED JANUARY 31, 2019 Table of Contents 1 Introduction 1 2 Site Description 2 2.1 FLUCFCS Codes 2 2.2 Vegetation Associations 2 2.3 Soils 3 2.4 Hydrologic Indicators 4 3 Photos 5 4 Wildlife 7 5 Jurisdictional Wetlands 9 6 Permitting 10 7 Conclusion 11 Courthouse Shadows Site Assessment Report Amended January 31,2019 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has conducted a preliminary site evaluation on several parcels located at 3290 Tamiami Trail East, Naples. The parcel folio numbers are 28750000028, 28750000523, 28750000769, and 30480040100. The properties are approximately 18.74 acres combined and located in Sections 11 and 14,Township 50 South,Range 25 East,in Collier County. The purpose of the Due Diligence Report is to review existing environmental conditions relating to the properties and to identify issues that may impact the development potential of the site. Specifically,the field work and research conducted was; • To map and identify existing vegetative communities on the property. • To estimate the extent of state and federal jurisdictional wetlands. • To research the presence or absence of state and federal listed species. • To assess the environmental permitting requirements for construction of residential development. This assessment did not research or consider zoning, deed restrictions, easements, or other encumbrances that might be present and could affect the development of the property. This assessment also did not include a Phase I Environmental Site Assessment which can identify potential or existing environmental contamination liabilities. This assessment was limited to the wetland and wildlife environmental factors only and is presented solely to assist with the planning process. 1 Courthouse Shadows Site Assessment Report Amended January 31,2019 2 SITE DESCRIPTION The project site is comprised of four parcels, three of which have been cleared and impacted by past and current commercial development and the fourth parcel including the canal and drainage easement at the south end of the site. The site has been developed since the early 1990's with the current buildings. For the purpose of this report,vegetative communities and other land uses are combined between the parcels. It appears as though there were no wetland impacts associated with the development in the 1990's. No SFWMD ERP permit could be located for the project. The majority of the soils within the site are mapped as Immokalee Fine Sand with a small area of Basinger Fine Sand in the southeast corner of the site. Basinger Fine Sand is a hydric soil,but Immokalee Fine Sand is not. Vegetative communities are remnant only with the majority of the vegetation present consisting of various planted landscaping components. The perimeter of the site contains moderately heavy exotic vegetation including Brazilian pepper along most of the west and south perimeter and scattered Australian pines,Java plum, and phragmites in the southwest border of the site. There is a mangrove fringe separating the development from Haldeman creek which consists predominately of red mangroves and Brazilian pepper. There is also a drainage easement associated with Haldeman Creek Running along the south boundary of the project site. See attached FLUCFCS map for location within the site of the different habitats. 2.1 FLUCFCS Codes The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify all of the vegetative communities occurring within the site boundaries. The attached FLUCFCS exhibit shows the subject property, its vegetative cover, and depicts the approximate limits of the wetland and upland areas. A general description is provided below in Table 1 along with any site-specific nuances that may be relevant to the assessment. Table 1:FLUCFS Codes found on-site FLUCFCS Code Description Acres Jurisdictional Wetlands 141 Retail sales and services 16.07 No 190 Open Lands in Urban Setting 0.54 No 510 Streams and Waterways(Haldeman Creek) 1.08 Yes 612E2 Mangrove Swamp (Fringe) 1.05 Yes Total 18.74 2.2 Vegetation Associations The mangrove fringe habitat along the south boundary is the only natural native habitat remaining on the property. Vegetative communities in Florida designated as Mangrove Swamp typically occur in such a way that red, white, or black mangroves dominate the canopy and 2 Courthouse Shadows Site Assessment Report Amended January 31,2019 midstory while very little vegetation is present in the ground cover. This site is situated along the man-made portion of Haldeman Creek and is dominated by red mangroves. This site habitat is becoming slightly overgrown with exotics and has a very limited understory. A list of commonly observed plant species within this community can be found below in Table 2. Table 2:Commonly observed species found within the Mangrove Fringe Community Common Name Scientific Name Stratum Dominant Red mangrove Rhizophora mangle C,M Yes Brazilian pepper Schinus terebinthifolia C No Cabbage palm Sabal palmetto M No Leather fern Acrostichum danaeifolium G No Muscadine Vitis rotundifolia , V No C=canopy stratum,M=midstory stratum,G=ground stratum,V=woody vine stratum The remainder of the vegetation outside of the mangrove fringe is all planted vegetation serving as buffer or landscape material throughout the development. A list of commonly observed plant species within this community can be found below in Table 3. Table 3:Commonly observed species found within the landscape and buffer portions of the site Common Name Scientific Name , Stratum Location Slash pine Pinus elliottii C Southern perimeter berm Live Oak Quercus virginiana C Throughout site Java Plum Syzygium cumini C,M Southern Perimeter berm,outfall area Cabbage palm Sabal palmetto C,M Throughout site Brazilian pepper Schinus terebinthifolia M,G Western and southern perimeter Coco plum Chysobalanus icaco M Western perimeter Muscadine Vitis rotundifolia V Western and southern perimeter C=canopy stratum,M=midstory stratum,G=ground stratum,V=woody vine stratum There are two wet detention basins located on the western portion of the site. These basins are interconnected with each other and do maintain wetland vegetation. A list of observed plant species within the basins can be found below in Table 4. Table 4:Commonly observed species found within the dry retention basins Common Name Scientific Name Stratum Location Alligator flag Thalia geniculate G North retention basin Wedelia Sphagneticola trilobata G Both retention basins Maidencane Panicum hemitomon G Both retention basins Pickerelweed Pantedaria cordata G Both retention basins Spikerush Eleocharis cellulose G South retention basin False Buttonweed Spermacoce verticullata G Both retention basins C=canopy stratum,M=midstory stratum,G=ground stratum,V=woody vine stratum 2.3 Soils According to the United States Department of Agriculture (USDA), there are 3 types of soil mapped within the project site. Immokalee Fine Sand, which is a non-hydric soil, is mapped through the majority of the property. A small triangle of the site in the southeast corner is 3 Courthouse Shadows Site Assessment Report Amended January 31,2019 --� mapped Basinger Fine Sand, which is a hydric soil. The mangrove fringe and creek are at the south of the site are mapped as Durbin and Wulfert Mucks which is a hydric soil. Soil plugs were taken in the open habitats of the site to determine if hydric soil characteristics are present. Within the open urban areas,the soils were disturbed and heavily compacted with rock and shell present. No hydric indicators were visible within these areas. The soils at the bottoms of the retention basins both had a shallow much layer indicative of hydric conditions which is to be expected as their design is to hold water. See the attached soils map for the extent of the soil units across the property 2.4 Hydrologic Indicators Hydrologic indicators were only observed on this site within the retention basins and drainage swale.Tidal lines were also observed along Haldeman creek in the mangrove fringe. Water lines and algal matting were both observed within the detention basins. It is clear that water does stand in the retention basins for extended periods of time. See photos in Section 3 for examples of hydrologic indicators. 4 Courthouse Shadows Site Assessment Report Amended January 31,2019 3 PHOTOS L' � , , - ' .`stir; V--' { • 4 _r,. i J `, ,' . "'.At X11 ,:.4 .. ` v ,vr ��. ter t .14' ari M 'b : ate► "iiiiipp:".,.,. Photo 1: Trees and debris from open lands in Photo 2:Non-hydric soil profile from open northwest corner of the site lands. ... rflA 'Spki' ,5 ,..c.„ . fir \ s \'�� -h l'} Sif ��y/tea Ilt "'N.,,,,,s, '"*"'\ ' ,,...-: 1 "....--4-..„1'4" Photo 3: Depression with Thalia adjacent to Photo 4: Overgrown structure connection outfall structure in north retention basin between north and south retention basins. 1 i fir .. r Photo 5: Outfall structure from parking areas Photo 6:Drainage swale between south into drainage swale. retention basin and overflow structure. `" 5 Courthouse Shadows Site Assessment Report Amended January 31,2019 --. (}�� `( nom. r -' �.� ., 4,,,,,,,..,,,, _ , . .7_,.4...:::: `,i„...,,,' ‘77,tv 4,..f•: f.. yy,C ai.'. I �"•�YYt 40 '\ .--... j,, %.' moi i :71 � i �.. ...Katt., .f y .n _ �. . f R t— `. Photo 7: Overflow structure at east end of Photo 8:Outfall pipe from overflow structure drainage swale. Only functions at flood stage and splash wall at rip-rap outfall into creek. it ... ,i.,„ . ... _, , f . t,,,,ki Vt"- ...:616,11 A '1, - 't - • 1 A.Ase,. ,.1.,...:"•,-,::z, ,..,,14,01;:. .4 • 1,41 • t,„' : i ,, ‘ ,i kir,t i''hl'Olitli .* .: , \* N .0 ..,.. 4-4' 4, Photo 9: Rip-rap outfall from project site into Photo 10:Potential Gopher tortoise burrow next to overflow structure at east end of Haldeman Creek along south boundary. drainage swale. 6 Courthouse Shadows Site Assessment Report Amended January 31,2019 4 WILDLIFE Endangered Wildlife Species is defined as any species of fish or wildlife naturally occurring in Florida,whose prospects of survival are in jeopardy due to modification or loss of habitat; over- utilization for commercial, sporting, scientific or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence (FS 372.072). Threatened species include any species of fish or wildlife naturally occurring in Florida which may not be in immediate danger of extinction,but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. Species of Special Concern are animals that: 1) Have a significant vulnerability to habitat modification,environmental alteration,human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained, 2) Data are limited or lacking, 3) May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree, 4) Has not sufficiently recovered from a past population depletion. Taking into account the location and condition of the property, and conversations with state and federal agency personnel,listed wildlife species that could potentially be found on or around the site include: Common Name Scientific Name Status Florida Bonneted Bat Eumops floridanus E Little Blue Heron Egretta caerulea T Tri-colored Heron Egretta tricolor T Wood Stork Mycteria americana E Osprey Pandion haliaetus SSC Indigo Snake Drymarchon couperi T Gopher Tortoise Gopherus polyphemus T A full blown Threatened and Endangered Species survey was not done and should not be required due to the existing conditions of the property and existing surrounding developments. Initial investigations around the property did discover one potential gopher tortoise burrow located along the southern border of the project site in the old perimeter berm close to the stormwater overflow.The burrow is located at coordinates N 26 07.429,W 081 45.924.See Exhibit with burrow location and Photo 10 in Section 3 of this report. It appeared as though this was a relatively new burrow which did show signs of recent activity. If the proposed redevelopment 7 Courthouse Shadows Site Assessment Report Amended January 31,2019 --� of the project impacts this area, a permit from the Florida Fish and Wildlife Conservation Commission(FWC) will be required to relocate the burrow. During the site visits no other potential listed species presence was observed. It is assumed that wading birds could and do utilize the mangrove shoreline along Haldeman Creek for foraging activities.The proposed redevelopment is not expected to impact the mangrove shoreline and so would not impact this use. 8 Courthouse Shadows Site Assessment Report Amended January 31,2019 5 .JURISDICTIONAL WETLANDS The definitions in 33CFR 328.3 state that "waters of the United States" include interstate "wetlands"which are defined as those areas"inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions." Based on Version 2.0 of the Atlantic and Gulf Coastal Plain Regional Supplement to the Corps of Engineers Wetland Delineation Manual, the only portions of the project site which meets the definition of a wetland are the two retention basins and the shoreline fringe along Haldeman Creek. The retention basins are man-made structures which were created out of historically upland habitat and which are an integral part of the surface water management system for the development. Permitting of the redevelopment will require review and authorization from the SFWMD. We believe that the USACE will not assert jurisdiction over the stormwater retention areas due to the fact that they are man-made, they were constructed out of uplands for the stormwater management system, and they are isolated from direct connection to "Waters of the US" by the overflow structure. The USACE will assert jurisdiction over Haldeman Creek and the adjacent shoreline mangroves. A Nationwide Permit will likely be required from the Corps to repair or upgrade the outfall structure from the development into the Creek which currently appears to be in need of maintenance (See Photo 9 in Section 3 above). See the attached FLUCFCS map for the approximate extent of the wetland areas. 9 Courthouse Shadows Site Assessment Report Amended January 31,2019 ,,` 6 PERMITTING Based on the document research conducted to date,we could find no evidence of prior SFWMD or USACE permitting for the project. It is assumed that this project was permitted by Collier County back when the County had the delegation of authority to do so for smaller projects with no wetland impacts. No USACE or SFWMD Environmental Resource Permits were found. Environmental / Wetland SFWMD (State review) - The redevelopment plan will impact the existing surface water management system and will require permitting for the proposed changes.The wetland impacts that would potentially require mitigation would be the relocation or improvement of the outfall from the development into the creek.We would anticipate any impacts associated with this to be very minor and could be mitigated through improvements to the remainder of the shoreline. USACE (Federal review) -If the redevelopment does require relocation or improvements to the stormwater outfall into the creek,then a Nationwide permit from the Corps will be required for modifications to the existing stormwater management system (Nationwide #43). There is no direct connection between the existing stormwater detention basins and the Creek. They are separated by the overflow structure. Therefore we do not believe that the Corps will assert jurisdiction over the retention basins and no USACE permitting will be required for the reconfiguration or elimination of the two retention basins. FWS (Federal Listed Species review) - Since this is the redevelopment of an already developed property, no additional impacts to any listed species would occur. A preconstruction nesting survey may be required to insure that no wading bird or osprey nests are present in any trees that may be removed. Docks No mention was made as to whether or not docks would be a part of the redevelopment. Since the project is on Haldeman Creek, docks should be an allowed use. Water depths and the width of the waterway would limit the number and types of vessels that could moor. And docks or water access would require additional permitting with the SFWMD and the Corps. Collier County The County requires preservation of existing native habitat within a PUD to meet the Land Development Code. If the zoning on these parcels is changed to residential,it is anticipated that the County will require preservation of a portion of the existing native habitat. Since this would be a residential or mixed-use development within the Coastal High-Hazard area a minimum of 25% of the existing native habitat will need to be preserved. It is not known if the County will include the native landscape buffer along the southern boundary within native habitat calculations or exactly where the Drainage Easement for Haldeman Creek is in relationship to the vegetation but assuming a worst-case scenario, a minimum of 25% of the shoreline and buffer would need to be preserved to meet the native vegetation retention requirements. ... , 10 Courthouse Shadows Site Assessment Report Amended January 31,2019 7 CONCLUSION Based on the preliminary site assessment and document research conducted, we believe that wetland permitting will be limited to the relocation or improvements to the stormwater outfall structure from the development into the Creek. If docks are proposed,then additional state and federal permitting will be required for the docks. A gopher tortoise relocation permit may be required if the burrow observed remains active and the proposed redevelopment impacts the area within 25 feet of where the burrow is located. Redevelopment will likely require native habitat preservation for the County which would result in a conservation easement over at least 25% of the shoreline mangroves (assuming that they are not within the existing drainage easement). Based on current USACE review timeframes,between 4 and 8 months should be allowed for the federal permitting effort for the Nationwide permit (if required). State permitting should be accomplished concurrently with the federal permitting. `••• 11 i .t,,,. ,::.f'1tN i L. LU T Z g LO LII • Wa i to El v O Z U : : ! 1 U � ; z W LI 1 o p N N z -�$ rt NN0 w I— Z w U 0 IZ J Z LULU Z C e 03 o U O o) 2 CL ' Q l ill L W t D c Z LLzH cc O H w W r ~ F Qa Z t-x z0 Q U t a.Q L . H D a w O 0 Q LL . — w g N a _.....„e"./9 U w ° 1 w IC ( O w}Y - CC0 ( az � 'cr cnN0Fd Q_ .J W CCM � Z - J Z Z LL r lirl J � Q � � Z o = 0 xQJ o � of O A o Z ::. Q H O 0 U aN wZ ~ o onN � cl- IL F M F <<C: J ;-)...! 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U O X .•G] i - Cl) > CO d N .E (Cl a C cv a) a C O N CD _ Cn (C) 0 CO >a) a) C v' U -OO -O O N O C) N a) O m O O O O@ O C O O o C7) p -C O U O-.C N (D 3 T C1 T. CO CC) .,a) 10- .0 i a) c N C U Y a '> Cd N -o • U D) '� N `O O "C' .� 'C C >` >•. CD > O Cn L o >. COc `° E tS N E 0 = rn CD m as .m o -O 'O O C E - N > 0 N .0 c 7 L c N E N .c O c co O N L V V C O -c 2 E co j CO C p N L O CQ Da 'd .0 �j -a O O is U C 8 co T O a) U N S O O C O C U) ...a 0 O -C CO Ut0 a) ,5 > c- >,40 OU CO C . E i C6 U co ''' 0) u) v c co Y -- .� O N a) N CT CO Q' U C E C t .N o o CO E c E) e . ca -0 �) c co C 12 Cl) O pp O >+ U „D „ - O a) 'O c ca N R O Ca i/) V U _c cn N m C4 L a. c o0 V a) c a) CD aa)i o ` ,.6 rn E t .�° E .c c, > N ..'C... C) U N O O -0 Z7 c (T N C C -C >,L o 0 m TO c a) c a) = c 0 0 a') -o 0) CL = > a) Cm(,c� a, m -oa U N CD CD P2. N N @co 0 C -C C O N C9 U a) E O)C C O ) `O C) j C a) > _N O- [6 to O C 'V t3).a CC) C0 as O .� C1. a1 >, O .0 C C d > O '� O .� F `n sa E o ca'u co a g = o 5 _ O c C a a) m > . cg o a> ca a> . o. o .c CD Q.o m X a a) m cn > E 3 a x a) -5 cn = m D i— y a a') a) 5) CO > CCO § -`ao c = ' 0 a c` m c a) Z > Q' a) o a. CO >.-0 = o a) -o R) c> > co L1J ol w CU CD E cp o ` N C 0.> E uS o a. 0 E .� -o 0 M.w O N C O U co U a U X cc�� N Q C,.) N O t o O U Imo- N O o .. CC) U X O a) 6 3 .0 0 o c o m N O 0 c o cu a-a V sr. ■ /'1 � W � o Co NECF T N C1 0 0 0 C O Cn a) C C C a) Cd U J -J t U Co a) N d N a) T m 0 a) N a) a) d U) Ca N N T Ca C6 y Courthouse Shadows MPUD (PL2O18O003659) Activity Center#16 Exhibit V.E Public Facilities Level of Service Analysis Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The Courthouse Shadows project is a developed commercial development. The project currently authorizes up to 165,000 square feet of retail commercial space on 20.35± acres. To date, 147,000 square feet of commercial has been constructed within the project. The growth management plan amendment proposes to retain all of the commercial entitlements and to add a maximum of 300 multi-family dwelling units within the sub-district. The public facilities analysis evaluates the project impacts on potable Water, wastewater, drainage, parks, schools, roadways, fire/EMS, and solid waste. The source for the LOS information is the 2018 AUIR. Potable Water The property is located within the City of Naples potable water service area. Sanitary Sewer The subject project is located within the urban boundary with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. Service to this area is provided by the south sewer service area of the Collier County Water and Sewer District. Sewer Demand: Proposed: Multi-family 300 x 100 gpd x 2.4 = 72,000 gpd Multi-family 300 x 100 gpd x 2.4 x 1.5 (max. 3-day) = 108,000 gpd Collier County LOS: 100 gpcd/(0.15) gpd/sf Permitted Capacity: 16 mgd Required Plant Capacity FY26: 16 mgd Data Source: Collier County 2018 AUIR June 18,2019 ©GradyMinor Page 1 of 3 KRCSA Exhibit VE-rev2.docx civil Engineer:•Land Surveyors•Planners•Landscape\rchlteets Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (P12O18O003659) Activity Center#16 Exhibit V.E Public Facilities Level of Service Analysis Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussions of the project's impact on level of service for arterial and collector roadways within the project's radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-27, and LDC Ordinance 2004-41, as may be amended. The single project within the proposed subdistrict has been issued a surface water management permit by the South Florida Water Management District which has established criteria for the volume of water stored on site as well as the quality of the water which may be discharged from the site. The development within the subdistrict is consistent with the County LOS standards and will be consistent with basin discharge rates established by Collier County. Solid Waste The adopted LOS for solid waste is two years of lined cell capacity at the previous 3 year average tons per year disposal rate and 10 years of permittable landfill capacity of the disposal rate. There are no current capacity issues and none are anticipated through the year 2065. Existing: Retail 165,000 x 5 lbs/1,000 sq ft= 625 lbs/day x 365 = 228,125 lbs/year or 228.12 tons/year Proposed: Retail 165,000 x 5 lbs/1,000 sq ft = 625 lbs/day x 365 = 228,125 lbs/year or 228.12 tons/year Multi-family 400 x 0.54 tons per person x 2.4 = 518.4 tons Current landfill capacity in 2017 is anticipated to be 16,309,943 tons. Available Inventory as of July 2018: 18,710,256 tons Required Inventory as of July 2018: 311,996 tons Available Inventory as of July 2018: 2,916,440 tons Surplus Capacity as of July 2018: 15,477,436 tons Source: Collier County 2018 AUIR Cal Recycle June 18,2019 Grahtlinor Page 2of3 KRCSA Exhibit VE-rev2.docx (:MI Engineers•Land Surveyors•Planners•Landscape Architects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com Courthouse Shadows MPUD (PL20180003659) Activity Center#16 Exhibit V.E Public Facilities Level of Service Analysis Parks: Community and Regional The proposed 300 multi-family dwellings will pay park impact fees to mitigate for their impacts on this public facility. No adverse impacts to Community or Regional Parks result from the creation of the subdistrict. Schools The proposed 300 multi-family dwellings will pay school impact fees to mitigate for their impacts. No adverse impacts to schools result from the creation of the subdistrict. Fire Control and EMS The proposed project lies within the Greater Naples Fire and Rescue District. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for EMS and fire would be determined at time of SDP based on each unit. Sheriff, Fire Protection and EMS Services location/address of facilities intended to serve the project are; Greater Naples Fire and Rescue District - Station #22 4375 Bayshore Drive Collier County Sheriff Office 3319 Tamiami Trail E Collier County Sheriff District Three Substation 8075 Lely Cultural Parkway June 18,2019 Gradyil'linor Page 3 of 3 KRCSA Exhibit VE-rev2.docx I:uimv ,•I and•unerors•Planners•Landscape Architects Q.Grady Minor&Associates,P.A. 3800 Via Del Rey,Bonita Springs,FL 34134•239-947-1144•engineering@gradyminor.com•www.gradyminor.com :_ . • _ eL6,0,/,',/L �a_,V _�_, _ ,»�-__e - _�_mom„m z . - §k - t z : 0 ` | / 4 f.; / ) j §\ )� 'z—a= | / g.3 \<© . O ¢ - °m ii \ W / SANTA BARBARA BLVD I ='g e\ 0 Y Z 2 f \ ? COUNTY BARN ROAD . z a o g z Q \ \ ®\ 3 \ ° m/ ... . . 0 i k » z ? \ [ 32 S', § \ - . . .. . / . . . . _ / t 0. \ )§! a \\ �;_ �� ) ~ /` \ 4c7-� q / }j \ j\�} r�� / ; ; « !! » « ar _ - P. ; 5 ® « wx AIRPORT ROAD -2 1 E \ BAY DDE cc` e�HORgE \ / \/� � ` W �) !• )9 co 0 § |r , LLI � a � ! . 2 A .E 'f'., ƒ CZ \| / ; b.&� ; , AIRPORT ROAD { \ \ , 21 ) 1 - } \ % _ - p 4§ LJ - - _ � E \\) [ \ )� \\& \ ! ,a , , /,m£ 7, • \ ( ( L( / ( \! $§° al § l = 3 , &, /2r; § $ .¥ u. L « . * = 4 • + 45717, 1fjONuTHmE lb% , c K 9,74 UTILITIES DEPARTMENT 295 RIVERSIDE CIRCLE•NAPLES,FLORIDA 34102 TELEPHONE(239)213-5051•FAX(239)213-5010 February 13, 2019 Mr. Richard DuBois, E.I. JR Evans Engineering 9351 Corkscrew Road, Ste 102 Estero, FL 33928 rdubois@jreeng.com Subject: Potable Water Service Availability for Courthouse Shadows Project Folio#28750000028—3390 Tamiami Trail E. Folio#28750000523—3420 Tamiami Trail E. Folio#28750000769 Folio#30480040100—3260 Tamiami Trail E. Dear Mr. DuBois: In response to the request for a Letter of Availability for potable water service for the proposed Courthouse Shadow's Project received via email on February 13, 2019, this office has reviewed the subject site for available potable water service. Based on the referenced information and review,this office confirms the following: 1. The subject property is located within the City of Naples potable water service area. 2. The City of Naples has adequate treatment plant capacity for the proposed project. 3. The proposed improvements must meet current City of Naples Utilities Standards and must be submitted to the Utilities Department for review and approval. 4. Should the scope of proposed project change to impact City utility services,the project's engineer of record shall remain responsible to contact the City for appropriate reviews and analysis. This letter does not imply or guarantee that adequate potable water distribution main facilities of sufficient size and capacity exist at the property; such utilities as may be needed for new site development shall remain the developer's responsibility to design,permit and construct. Based on the above,this office has no objections to this project subject to appropriate reviews by all utility service providers (including the City of Naples), Collier County,and the Fire District. G �Go a�afda... J rcc f oG eAi 4 . Ca4 rn t�GG G aG 2��a Page 1of2 Should you have any questions or require any additional information or action from this office, -- . please do not hesitate to call this office at(239) 213-4713 or email amholland@naplesgov.com. Sincerely, 4E it. Y/el Allyson Holland, PE Deputy Utilities Director C: Denise King, Utilities Permit Coordinator 1KeZaeo _ a- ... Jp„the 4 a4.4 ��2e e-”. aziierpGZewe aha Page 2 of 2 Sharon Umpenhour From: Clark, Mark <Mark.Clark@dot.state.fl.us> Sent: Tuesday,June 11, 2019 10:53 AM To: Kristina Johnson Cc: Chase Williston; Rob Sucher Subject: RE: Courthouse Shadows - FDOT Safety Audit of 2015 Kristina, In review of the tentative 5-year work program (2020-2024), I show the following project are within the area of your project: 1. Resurfacing project- US 41 from SR 84(Davis Blvd)to Courthouse Shadows 2. Intersection safety project- US 41 and Peters Street/Airport Pulling Road I can't provide the exact years as the work program is tentative and has not been adopted yet, but these are the projects I'm showing right now. I would also add,there may be additional off-site improvements on US 41 directly related to this project,this review would occur at the time of permitting, when the department has an opportunity to review the proposed site plan,traffic impact study and intersection analysis. Hope this information is helpful, if you have any other questions,feel free to contact me. Mark Clark Access Management Specialist FDOT SWIFT SunGuide Center 10041 Daniels Parkway Fort Myers, Florida 33913 mark.clark@dot.state.11.us (239)225-1984 /Share tls.Row:in- sHA THE ROAD From: Kristina Johnson [mailto:KJohnson@jreeng.com] Sent:Tuesday,June 04,2019 12:15 PM To: Clark, Mark<Mark.Clark@dot.state.fl.us> Cc:Chase Williston<cwilliston@johnsondevelopment.net>; Rob Sucher<rsucher@johnsondevelopment.net> Subject: Courthouse Shadows-FDOT Safety Audit of 2015 1 EXTERNAL SENDER: Use caution with links and attachments. —� Mark, I hope all is well. If you recall I am working with a multi-family client on re-zoning the Courthouse Shadows property in Naples to include residential.As part of our re-zoning the County asked about any proposed FDOT improvements along US-41 and Peters,specifically from the attached Safety Audit,we need to align with or show. If you recall,you and I discussed some access improvements to the northernmost access from Courthouse Shadows to US-41,see attached email correspondence,which is fairly wide(approximately 130'). Specifically we discussed retrofitting this driveway when the project comes in for permitting. I'm not sure it would be appropriate to show anything in our re-zoning for this access since we haven't agreed on a design yet and we probably will not submit the FDOT permit until after the zoning is approved. Other than the improvements to the northernmost access can you please let me know if FDOT has any other improvements proposed in this area that would be beneficial to show in our re-zoning? I appreciate your help and feel free to reach out with any questions. Thanks, Kristina M.Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road,Suite 102 Estero, Florida 33928 o:239.405.9148 c:239.285.6999 www.irevansengineering.com J.R. EVANS ENGINEERING COPYRIGHT AND DISCLAIMER PROVISION:This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digital transfers is solely that of the user. 2 i i JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Courthouse Shadows PUD Amendment (Airport Pulling Road & U.S. 41, Collier County, Florida) January 30,2019 Revised April 22,2019 Prepared by: t JMB TRANSPORTATION ENGINEERING, INC. '' 471 1 7TH AVENUE SW NAPLES, FLORIDA 34119 CERTIFICATE OF AUTHORIZATION NO. 2783❑ ,`,,`,'will li{Illi Ilio_ • �p,NKS .o� (PROJECT No. 171218) '7' 't,` -'SE �` S /Ii i 4w i i '. * dc4r. I .J AM E9 f F. R AKS 8]f '4 E_ �P.-_,..,z- �® rSA " FLOR .A REG. ID. 43 O + C w R FES �- ,,'I i i,t i li lli100° I TABLE OF CONTENTS Conclusions 2 Scope of Project 2 Table A - Approved vs.Proposed/Anticipated Build-out 3 Project Generated Traffic 4 Table 1A - Approved Land Use Trip Computations 5 Table 1B - Proposed Land Use Trip Computations 6 Conclusions It was determined that the proposed land use amendment to Courthouse Shadows PUD, which would allow the option of constructing 300 multi-family dwelling units,will not result in any additional trips than previously approved by the Collier County Planning Commission and Board of County Commissioners. If the proposed amendment is approved and multi-family is developed, then the PUD's total "new" site-generated trips will not exceed what was previously approved which was 662 new two-way PM peak hour trips. More specifically, if developed as proposed(300 multi-family units)by the applicant,then only 157 PM two-way new trips of the allowed 662 trips will be used by the residential use and the balance of the trip cap will remain available to the PUD, but the total number of trips will not exceed 662 PM trips. Because the project's trips will remain the same or less, it has been concluded that the PUD's off-site impacts will remain the same or less. However,prior to acquiring final development approval, an assessment of the project's off-site impacts will need to performed in order to ensure that any transportation-related deficiencies caused by the project are mitigated. The project is located in the South 41 TCEA area and is subject to the LDC and applicable TCEA requirements described in the Collier County Growth Management Plan Transportation Element, at the time of obtaining SDP approval. Scope of Project Courthouse Shadows is an existing mixed-use commercial PUD that is approved for up to 165,000 square feet of various commercial uses (e.g.,retail, office, gas-n-convenience, fast food,etc). A substantial portion of the site has been developed consisting of a few large commercial structures and several outparcels. Courthouse Shadows PUD is located on the southeast quadrant of the Airport Road @ U.S. 41 intersection,within Collier County,Florida. The commercial center has one signalized access on U.S. 41,which is aligned with the Espinal Blvd& U.S. 41 intersection. In addition, the site has a right in/out access on U.S. 41, which is located to the southeast of the main signalized access and a directional left-in access located to the northwest of the main entrance. The project also has a full access on Peters Street. Peters Street is a two-lane road that is aligned with the signalized intersection of Airport/U.S. 41. It is being proposed to raze the site's large commercial structures and construct an apartment complex consisting of 300 dwelling units. The development of the 300 apartments would displace the potential to develop at least 100,000 square feet of commercial uses. The PUD has an approved trip cap of 662 new two-way PM peak hour trips. The amendment which would displace retail in order to construct 300 multi-family units will be limited to the previously approved maximum trips for the entire PUD of 662 new two-way PM peak hour trips. 2 Table A Approved vs. Proposed/Anticipated Build-out Land Uses Land Uses Approved Proposed/Anticipated Net Change Multi-Family 0 d.u.'s 300 d.u.'s 300 d.u.'s Retail/Office 165,000 s.f. 65,000 s.f. -100,000 s.f. (displaced by residential) 3 Project Generated Traffic Trips that can be expected to be generated by Courthouse Shadows PUD's "approved" and "anticipated build-out" land uses were estimated based upon the guidelines established by the Institute of Transportation Engineers. That is,historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes "Multi-Family" (LUC 220)and "Shopping Center" (LUC 820, SIC Code cannot be determined at this time due to the wide variety of possible commercial land uses)were most appropriate in estimating the anticipated land uses' trips. Trip generation computations for the approved land Uses vs. the proposed land uses are depicted in Table 1 A and Table 1 B,respectively. As determined,the proposed amendment will not result in any additional PM peak hour trips above what was previously approved by the Collier County Planning Commission and Board of County Commissioners.More specifically, if the proposed amendment is approved,the project's total site-generated trips will not exceed the previously approved trip cap of 662 new two-way PM peak hour trips. Furthermore,it is concluded that the project's potential PM peak hour off-site impacts will remain the same or less. Therefore, no further analysis is needed at this time. However, at the time of acquiring final development approval, an assessment of the project's off-site impacts will need to performed in order to ensure that any transportation-related deficiencies caused by the project are mitigated. Table C Net New Trips Generated (Approved Land Use Trips vs. Proposed/Anticipated Land Use Trips) _ Net New Net New Net New Daily AM Peak Hour PM Peak Hour (ADT) (vph) (vph) Approved Land Uses 7,457 185 662 165,000 Retail (See Table IA) Proposed Land Uses 5,591 274 453 65,000 Retail &300 Apartments (See Table 1B) Net New Trips -1,866 89 -209 4 TABLE 1A TRIP GENERATION COMPUTATIONS Courthouse Shadows APPROVED LAND USE Land Use Code Land Use Description Proposed Land Uses 820 Shopping Center 165,000 s.f. 944 Gasoline/Service Station 24 Fueling Positions LUC 820 Daily Traffic(ADT)= Ln(T)=0.65Ln(X)+5.83= 9,404 ADT AM Peak Hour(vph) = Ln(T)=0.61Ln(X)+2.24= 212 vph 131 / 80 vph 62%Enter/38%Exit= PM Peak Hour(vph) = Ln(T)=0.67Ln(X)+3.31 = 838 vph 402 / 436 vph 48%Enter/52% Exit= Pass-by Trips per 1TE= Ln(T)=-0.29Ln(X)+5.00= 25% Pass-by Rate per Collier County New Daily Traffic(ADT)= (ADT)x(%of New Trips) 7,053 ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 159 vph 98 / 60 vph 62%Enter/38%Exit= New PM Peak Hour(vph)= (PM)x(%of New Trips) 628 vph 301 / 327 vph 48% Enter/52%Exit= ********************************************************************************* Trip Period (Based upon Fuel Positions) Total Trips Trips Enter/Exit LUC 944 Daily Traffic(ADT)= T=168.56(X) = 4,045 ADT AM Peak Hour(vph)= T=10.27(X)+13.89= 261 vph 133 / 128 vph 51% Enter/49%Exit= PM Peak Hour(vph)= T=13.87(X) = 333 vph 166 / 166 vph 50%Enter/50% Exit= Net New Trips=10% New Daily Traffic(ADT) = (ADT)x(%of New Trips) 405 ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 26 vph 13 / 13 vph 51%Enter/49% Exit= New PM Peak Hour(vph)= (PM)x(%of New Trips) 33 vph 17 / 17 vph 51% Enter/49% Exit= ********************************************************************************* ********************************************************************************* NET NEW TRIPS GENERATED Daily Traffic(ADT)= 7,457 ADT AM Peak Hour(vph) = 185 vph 112 / 73 vph PM Peak Hour(vph)= 662 vph 318 / 344 vph 5 TABLE 1B TRIP GENERATION COMPUTATIONS Courthouse Shadows PUD - Apartments PROPOSED LAND USES Land Use Code Land Use Description Build Schedule 220 Multi-Family (Low Rise) 300 Units 820 Shopping Center 65,000 s.f. Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 220 Daily Traffic (ADT) = T= 7.56(X) -40.86= 2,227 ADT AM Peak Hour(vph) = Ln(T) =0.95Ln(X)-0.51 = 135 vph 31 / 104 vph 23% Enter/77% Exit=- PM PM Peak Hour(vph) = Ln(T) =0.89Ln(X)-0.02 = 157 vph 99 / 58 vph 63% Enter/37% Exit= ********************************************************************************* LUC 820 Daily Traffic (ADT) = Ln(T) =0.68Ln(X)+5.57 = 4,485 ADT AM Peak Hour(vph)= T=0.5(X)+151.78= 184 vph 114 / 70 vph 62%Enter/38% Exit= PM Peak Hour(vph) = Ln(T) =0.74Ln(X)+2.89= 395 vph 190 / 205 vph 48% Enter/52% Exit= Pass-by Trips per 1TE= Ln(T)=-0.29Ln(X)+5.00=30% 25% Pass-by Rate per Collier County New Daily Traffic(ADT) _ (ADT) x(%of New Trips) 3,364 ADT New AM Peak Hour(vph) = (AM) x(%of New Trips) 138 vph 86 / 53 vph 62% Enter/38% Exit= New PM Peak Hour(vph)_ (PM) x (%of New Trips) 296 vph 142 / 154 vph 48% Enter/52% Exit= ********************************************************************************* ********************************************************************************* Total Trips Daily Traffic (ADT) = 5,591 ADT AM Peak Hour(vph) = 274 vph 117 / 157 vph PM Peak Hour(vph) = 453 vph 241 / 212 vph Co It* County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) E BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 0 OTHER GMP and PUD Amendment LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Courthouse Shadows CPUD-S12 T50 R25 FOLIO(Property ID) NUMBSW(s)'or above(attach to, or associate with, legal description if more than one) See attached list STREET ADDRESS or ADDRESSES (as applicable, if already assigned) See attached list • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Courthouse Shadows CPUD PROPOSED PROJECT NAME(if applicable) Courthouse Shadows MPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Rev.6/9/2017 Page 1 of 2 Co .tier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in, condominium documents(if application; indicate whether proposed or existing) Courthouse Shadows Please Return Approved Checklist By: ❑• Email ❑ Fax ❑ Personally picked up Applicant Name: Sharon Umpenhour Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number See Attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ _. Vcit i 1 Date: 1/1 1/2 019 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 ParcelID Name1 StreetNumber FullStreet 28750000028 KRG COURTHOUSE SHADOWS LLC 3290 TAMIAMI TRL E 28750000523 KRG COURTHOUSE SHADOWS LLC 3420 TAMIAMI TRL E 28750000727 SOUTHERN MANAGEMENT CORP 3400 TAMIAMI TRL E 28750000743 MK REALTY 3440 TAMIAMI TRL LLC 3440 TAMIAMI TRL E 28750000769 KRG COURTHOUSE SHADOWS LLC 30480040100 KRG COURTHOUSE SHADOWS LLC 3260 TAMIAMI TRL E 00391520008 CHRISSY'S AT COURTHOUSE 3340 TAMIAMI TRL E 00391440007 SUNSHINE REAL ESTATE HLDS LLLP 3396 TAMIAMI TRL E N Courthouse Shadows CPUD Aerial Location Map W� ' E S ,vim ♦ I t r•—•t a I'''' . ••4"" :•vc - •:0# .'}r • +K ' co -- r 4707----'-i; %: 1 1 illt . . mav ., • •_ •^=.- 4 . v . ;411• + -+ , Q + 1 "° .,.. a • iia ' p 1,• . i� ' �-� 1 - - • �. �!►' iB!!� 11.&.'..)1.* ;err , 0 -.- - y, et.., , • fi 'i.. •.- `4• , , t ;:114.* ' '."11%;- : - . . •N 4\4'' " 1 e -••• • f-''' • • fr, r .. - - -. 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Le �7 IGP,'swisstopo,and the GI- User @ernr '"tunit�y ' it, IDGradyMinor 590 295 0 590 Feet CMI Engineers•[,and Surveyors•Planners•landscape Architects Ips C. c) ) v> ; DY > e)-. 3870348 OR: 4070 PG: 3952 ./3g, c,1 7 UC) .5 RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 07/12/2006 at 01:44PN DWIGHT 1. 6ROCL, CLERK z • This Instrument Prepared By: COLS 19750000.00 Christine F. Wright,Esq. RIC FEE 27.00 Wright ee Shaw,RA. DOC-,70 136250.00 4427 SE 16th Place,#2 Retn:ELPRESS/MPS Cape Coral, FL 33904 CHICAGO TITLE INSMRANCE CO 5447 NELLIE DAVIS LN -te: TAMPA FL 33634 5251 Tanya D. Marsh c=-40600-50 73 Kite Realty Group Return to Jenny Joiner 30 S. Meridian,Suite 1100 Chicago Title Insurance Co. Indianapolis, IN 46204 5447 Nellie Davis Lane Parcel Identification No. Tampa, FL 33634 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this 5.V4 day of‘'-' ,H., 2006 between RIVERCHASE AND COURTHOUSE SHADOWS PROPERTIES, -LTD, ,ae Floftd C limited partnership, whose post office address is 8881 Terrene, Court, Suite 104,'Bonita Springs, FL 34,05 of',,the County of Lee, State of Florida, grantor*, and KRG COURTHOUSE SHADOWS, LLC, a Delaware limited liability company, whose post office address is 30 S. Meridian, Suite 1100, Indianapolis, IN_46204, of\the County of Marion, State of Indiana, grantee*, f', c/ / t' rhe \ Witnesseth that said grantor, for{and In cbnsid ratiod otlthe 4 o TEN AND NO/100 DOLLARS ($10.00) and '-, other good and valuable consideration'. U ip A.. ar0or)in/'hin4, paid by skid gcatltee, the receipt whereof is hereby aan Lknowledged, has granted, bargained,;arid toe sold tsaid ntee, d-gra,-tc 's heirs and assigns forever, the following described land, and all'4uitments located there sit ate'It k and being in Collier County, Florida,to-wit: v, \,) Q • �.i • MNI TACHED EXHIrn ,„ Subject to taxes for 2006 and subsequei t""years; covenants, conditions, restrictions, easements,reservations and limitations of record,if any. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. curd said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *'Grantor"and"Grantee"are used for singular or plural,as context requires. r OR: 4070 PG: 3953 In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: RIVERCHASE AND COURTHOUSE / SHADOWS PROPERTIES, LTD., a Florida ` , limited partnership Less Name: I . `e� . By: Diag Management, Inc.,its general parte- 410101 0 f W-9SI +' �lNV1 BY: d /�tfii// /., amt Witness Name: tt �,vv;WI '-ii------ oma, '7Luke, ice Pre- .- State of Florida r:- v County of Lee 1 1 \ The foregoing instrument was ackn'owltdged before me,[hi, .. . _ , 2006 by Thomas J. Luke, its Vice President of Diag Manage rt,t_Jn geheral;p mer'Of Rive r;tie %.C., thouse Shadows Properties, Ltd. who(_x] are personally known or{,have produce4 a dnver's.,li ns , tyl ,frcati. . . ,,-• i � �v •Ji , �� [Notary Seal] Not..' bh' Sta e of Flo•:e am% ��v Chnstne F Wright ` STI JE C:1 Anted flame: t,546 -- //%tom. (c- e, •,--i.,, ` • My Commission D0158850 '`. ,i-� Expires November 02,2008 My Commission Expires: i ( f f .c , lc OR; 4070 PG: 3954 eft Exhibit"A" Parcel 1: Tract A,COURTHOUSE SHADOWS,according to the plat thereof as recorded in Plat Book 29, Page 40,of the Public Records Collier County. Florida. AND Tract B,COURTHOUSE SHADOWS,according to the plat thereof as recorded in Plat Book 29, Page 40,of the Public Records Collier County, Florida. AND Tract E,COURTHOUSE SHADOWS,according to the plat thereof as recorded in Plat Book 29, Page 40,of the Public Records Collier County, Florida. Parcel 2: �"� �'..____�U�'A ..,. Non-exclusive easement for the benefit of Parcel 1 as created by th ro-Parking and Easement Agreement between Collier Development Corporation and Amoco Oil Companydated December 3, 1987, recorded December 14, 1987, in Official Records Book 1315, Page 329 and Corrective Cross-Parking and Easement Agreement recorded in Official Records Book 2251, Page 1173, both of the Public.Recorc! of Collier Couanty,Florida,for the purposes set forth therein, over, under and across the lands set forth therein./ ' Parcel 3: � . �.... Non-exclusive easements for the benefit of Parcel 1 as created by the Declaration of Easements for Access and Parking between Collier Development Corporation and Collier Enterprises recorded in Official Records Book 1481, Page 1371,of the Public Records of Collier County, Florida,for the purposes set forth therein, over, under and across the lands set forth therein. Parcel 4: C' Non-exclusive easements for the benefit of Parcel 1 as created by the Restrictions and Easements Agreement recorded In Official Records Book 1958, Page 2268, First Amendment recorded in Official Records Book 2308, Page 1929 and Dedication of Access Easements in Official Records Book 2371, Page 2831,all of the Public Records of Collier County, Florida,for the purposes set forth therein, over, under and across the lands set forth therein. Parcel 5: Non-exclusive easements for the benefit of Parcel 1 as created by the Declaration of Restrictions and Easements, recorded in Official Records Book 2371 Page 2837 and Assignment of Declarant's Rights recorded in Official Records Book 2580, Page 3445, both of the Public Records of Collier County, Florida,for the purposes set forth therein,over, under and across the lands set forth therein. Parcel 6: Non-exclusive easements for the benefit of Parcel 1 as created by the Mutual Declaration of Covenants and Easements recorded March 28,2006, in Official Records Book 4006, Page 1921,of the Public Records of Collier County,Florida,for the purposes set forth therein, over, under and across the lands set forth therein. cPrrt 4/9Q Se AFFIDAVIT OF COMPLIANCE Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and P120180003658(PUDA), Courthouse Shadows CPUD Amendment I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Complianc Pild lief (...&W(*(01/1 (Signature of Applicant) State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 18th day of April, 2019 by Sharon Umpenhour, who is personally known to me or who has produced tri*4.— — CARPI J.DVIYER 61YCOMMONf FF 970688 .,: EXPIRE&Mnf 112020 • ale Bandodrob NoW/Put&linden/dims (Signature of No y Public) (Notary Seal) Carin J. Dwyer Printed Name of Notary G:NIM Procedures/Affidavit Of Compliance-NIM May 7 2019 Docx 112 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects April 17,2019 RE: Neighborhood Information Meeting(NIM) Petitions P120180003659(GMPA),Courthouse Shadows GMP Amendment and P120180003658(PUDA),Courthouse Shadows CPUD Amendment Dear Sir or Madam: A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman,Yovanovich and Koester, P.A., representing KRG Courthouse Shadows, LLC(Applicant) will be held on: Tuesday, May 7,2019,6:00 pm at the Bayshore Gateway Triangle CRA Advisory Board Meeting, Naples Botanical Garden Buehler Auditorium,4820 Bayshore Drive,Naples,Florida 34112 KRG Courthouse Shadows, LLC has submitted formal applications to Collier County, seeking approval of a Small-Scale Growth Management Plan (GMP)Amendment and a Commercial Planned Unit Development (CPUD)Amendment. The GMP amendment proposes to revise language of the Activity Center Subdistrict in the Future Land Use Element to allow an additional 12.8 units per acre within 10 acres of the Courthouse Shadows PUD. The CPUD amendment application is a companion application to the GMP --� amendment and proposes to amend the 20.35+/-acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi-family dwelling units. The subject property (Courthouse Shadows MPUD) is comprised of approximately 20.35± acres, located the southeast corner of the intersection of Tamiami Trail East (U.S. 41) and Airport Road in Sections 11, 12, 13,Township 50 South, Range 25 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments,they can be directed by mail, phone,fax or e-mail to:sumpenhour@gradyminor.com, phone 239-947-1144,fax 239-947-0375,Q.Grady Minor and Associates, P.A.,3800 Via Del Rey,Bonita Springs, Florida 34134. Sincerely, -400,11 Sharon Umpenhour Senior Planning Technician Q. Grady Minor&Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com RE: Neighborhood Information Meeting(NIM), Petitions PL20180003659(GMPA), Courthouse Shadows GMP Amendment and PL20180003658(PUDA), Courthouse Shadows CPUD Amendment April 17,2019 Page 2 of 2 Project Location Map: 0 1, Davis BLVD i L.. PROJECT Q LOCATION 0 0 L_ 0 > ° m o 3 w 0 2;H V g p yyy0y�• z w 0 0 W n 1'2'1;8 O N'm °N O §, N O ! 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F1v�oo ' FEp,,2�mmmm7.mmm�mmg ted._ a'V 12.2 Ai R1 og 'oNaa �3� �❑'^,.R �� SX�>mrm a fl oa w Pc,' N f ZpNF J J N N ;0 yR w U ° E-=7-- W yNb .?,-q02 JJR rF22..zzzzzzzz41wWz 3'.',, g..m1 9 xo Jp Nizz�zzzzzw!eowA wWW rc�=waz (io6 » �oz° > >yYY❑> 40m oig3no°ow,z -imxqa0OFiiim wZZZ❑OmZhmrmC '2011a N wm o❑ wil3 Vwoox� I»dwxoOiP» .h.ea 000pUUp°UVussF,,, 6 NOTICE OF NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659(GMPA),Courthouse Shadows GMP Amendment and PL20180003658(PUDA), Courthouse Shadows CPUD Amendment A Neighborhood Information Meeting hosted by D. Wayne Arnold,AICP, of Q. Grady Minor and Associates, P.A. and Richard D.Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., representing KRG Courthouse Shadows, LLC(Applicant)will be held on: Tuesday, May 7,2019, 6:00 pm at the Bayshore Gateway Triangle CRA Advisory Board Meeting, Naples Botanical Garden Buehler Auditorium, 4820 Bayshore Drive, Naples, Florida 34112 KRG Courthouse Shadows, LLC has submitted formal applications to Collier County, seeking approval of a Small-Scale Growth Management Plan (GMP) Amendment and a Commercial Planned Unit Development (CPUD) Amendment. The GMP amendment proposes to revise language of the Activity Center Subdistrict in the Future Land Use Element to allow an additional 12.8 units per acre within 10 acres of the Courthouse Shadows PUD. The CPUD amendment application is a companion application to the GMP amendment and proposes to amend the 20.35+/- acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi-family dwelling units. The subject property (Courthouse Shadows MPUD) is comprised of approximately 20.35±acres,located the southeast corner of the intersection of Tamiami Trail East(U.S.41)and Airport Road in Sections 11, 12, 13,Township 50 South, Range 25 East, Collier County, Florida. CL �a _ 03 Davis BLVD '0;29 S; 11 T t Ckio , 1a. PROJECT d LOCATION cU r m ,Z The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor. com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: sumpenhour@gradyminor.com, phone 239- 947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. eo-x267,29 ❑ PROOF O.K.BY: El O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:Q.GRADY MINOR&ASSOCIA PROOF CREATED AT:4/11/2019 12:38 PM SALES PERSON: NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:04/18/19 ND-2267929.INDD SIZE:3 col X 9.25 in NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***Tease be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: n EMAIL: ADDRESS: 2 778 (...,RA.04".&-- 5-7-7 PHONE:2.3,1_.77. 34/3 Dbo4�s, r,.. 34-r 12- ! gly NAME: if 514c+ .r) EMAIL: / ADDRESS: 0 //97" ?/ 2m7fig PHONE: NAME: `k•,‘—i /J.11-/ - EMAIL: ADDRESS PHONE: ,..'" NAME: ir.i — r EMAIL: ADDRESS:33a, / I /// /) T-' PHONE: NAME: )ua_. (, \ kr /oC EMAIL: ADDRESS: Co c y 9 1 Gkk- PHONE: U\'‘\\; C-01 0 tyl 1?)wn n' r NAME: A C 5'r`t 4✓h z..._ EMAIL. 5i'..-ck S ,vt- (0 (7a«eylA. 1— ADDRESS: PHONE: NAME: ' D L / 0A EMAIL: ADDRESS:tgQ � r Tos PHONE: __.. ; N(kites a ifil NAME: ALJ 4 itit_! o EMAIL: 3 t c-t ikk D �ry ADDRESS: 51 („„ rhutc inctiv r,..., PHONE: `o 8 _ aw.?_aa, r \\ rAGLIAL) 4-1_ B LP lz- ra..C, NIM Sign-in Sheet 05-07-2019 1 NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information., NAME: J/1 6:10 { EMAIL: ADDRESS: �x.V� PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign-in Sheet 05-07-2019 NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: Jei �� EMAIL: ADDRESS: ktv.,24 P /, 0 ( PHONE: NAME: EMAIL: i!t(t !-v�GQ� ADDR_E 4 �Q QA 0_,C, PHONE: NAME: 0" l//6 (//•41A1 / ,,v ' EMAIL: ADDRESS: ✓�'' PHONE: NAME: J/ n,y n EMAIL: ADDRESS: PHONE: ./ NAME: 3 Love EMAIL: kje5,UILYe 336r L, C-c -i ADDRESS: f.0, Roy of 9 22 31--1'(1, I PHONE: ( 3 ,) Loi-242 ) NAME: EMAIL: rdt ;t1e� c tram 6-cu e1 ADDRESS: C�\ U� PHONE: GowN 33(.0-•clalta3 NAME: eckki1/426 A EMAIL: ett- fkej\CA C`4. ADDRESS: PHONE: NAME: EMAIL: r& l f Ati c�1,15 ADDRESS: .ZG r, _ 4 ' _ PHONE: )11C0 xi6r( 3406 NIM Sign-in Sheet 05-07-2019 NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***please be advi,sed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. L � c,120— NAME,4d� e/ EMAIL:ADDRESS: ^ 1'c.V /�� f qr��"o'-''��Ll� olJ� U'1rt� ulLcs U. PHONE: 9c yW-/ -3s NAME: vt9. 1-{Gt EMAIL: iv/ ADDRESS:t N i � ( f T PHONE:„23 c1 _ -a 7 - �-0 6_3 NAME: 30..0 EMAIL: PAMkOe0 `ADDRESS: PHONE: r� • NAME: -yo,‘ n�et ' EMAIL: s - ADDRESS� PHONE: tt!'r� t ,� ,,�,3 NAME;' lG . `SO J EMAIL: ADDRESS: 2_ OOC) 1 DIo: ,5r PHONE: 2' , /_C// c/ NAME: am¢1dawl —— EMAIL: behrim /ale, Coir/ ( ,DORESSiy3/ Ste./14/ /Q.-'/OZ PHONE: NAME: ctur )bits 340,/EMAIL: � e� Wit �Q342 (,ADDRESS: PHONE: NAME: I Ij I”.eJ e,a''EMAIL: siv _ e P�h e k„O. ADDRESS: PHONE: ` " �" NIM Sign-in Sheet 05-07-2019 NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***Please be advised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: /�j EMAIL: cli„l.cit (15,�G_ �'+t co +--� ADDRESS' 'j�' PHONE: Y I't?aole.dzg ✓!/1��og �6S y z ro 9 NAME: AS V(S --'-!-' EMAIL: Is, ' �. I� cow, ADDRESS:�s— , ( c Lam?tit�-AMsE. PHONE I z NAME: 311/446 5 540 EMAIL:34vvtf,5s4g0e exam.612istri( ADDRESS: 2.„, 0,7 ,t j r ia(tG /0C, n- - PHONE: NAME: /!V / ©A/ EMAIL: . �- ADDRESS: / /,f PHONE: NAME: pia ` EMAIL: ADDRESS:My Lt6ate 'Wax PHONE: NAME: EMAIL: ADDRESbi PHONE: NAME: D/-4.� tA)i 4-1-,0,A)S.IJ^ EMAIL: p✓e _0 L yAd ay vv ADDRESS: PHONE: o a dv ,e,I.VV 1-J Ord NAME: _1C„� ��/�-L EMAIL: `)6e 4-c. oNLC...0.0kg�r ADDRESS: . Ht4 t) tithdvis t c LAO_ PHONE: NIM Sign-in Sheet 05-07-2019 NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 PLEASE PRINT CLEARLY ***Tease be advi.sed*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: r\plutzkite, EMAIL: ADDRESS: 2.5-4)4T1 PHONE: NAME: 4 AYao...4_, EMAIL: ADDRESS: PHONE: NAME: ITS r� �CSY1 EMAIL: 4_1(S vlam,us6v, 6 ouk t uAL Ct�111Vt ADDRESS: 5 oz5 cd ,V PHONE: 10, •, x ' . - -� NAME: i $1 , EMAIL: i ADDRESS: .f \A / ow/Lad ,L PHONE: O(- 3t-�t I NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign-in Sheet 05-07-2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 1 2 3 4 5 6 7 8 9 10 11 12 COURTHOUSE SHADOWS MPUD NEIGHBORHOOD INFORMATION MEETING 13 PL20180003658 and PL20180003659 14 MAY 7, 2019 15 16 17 18 19 20 21 22 23 24 25 Courthouse Shadows MPUD Neighborhood May 07, 2019 2 1 (Recorded meeting as follows : ) 2 MR. ARNOLD: Good evening, everybody. 3 THE SPEAKERS: Good evening. 4 MR. ARNOLD: Is this working? Can you hear me? 5 Okay. I 'll try to use it and talk as loud as I can. We're 6 going to go ahead and get started. I know the regular CRA 7 advisory board meeting begins at 6: 30 . 8 THE SPEAKER: We can' t hear you. 9 MR. ARNOLD: It' s not working now? Maybe I just 10 need to talk loud. 11 THE SPEAKER: I don't think it' s on. 12 MR. ARNOLD: The green light is on. I ' ll try to 13 talk loud and then hopefully it amplifies enough. I 'm Wayne 14 Arnold and I 'm with Grady Minor & Associates . I 'm 15 representing Kite Realty who are the owners of the 16 Courthouse Shadows shopping center and I ' ll make some 17 introductions . This is Sharon Umpenhour who's taping the 18 meeting. She is with our office. And we're required to 19 create an audio-tape or a videotape of the meeting and 20 provide those to the planning commission and staff and the 21 Board of County Commissioners. 22 And with me tonight I have Doug Kirby who' s with 23 Kite Realty. Some of you probably know him. Doug' s in the 24 back of the room there. Rob Sucher is with Johnson 25 Development. Johnson is under contract to buy the portion U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 3 1 that will be developed for residential units . And Christina 2 Johnson from JRE Engineering. She' s the engineer of record 3 for the project. Rich Yovanovich many of you know, a local 4 attorney. And Jim Banks is our traffic engineer who' s 5 working on the project. 6 So this is -- the property is zoned a planned unit 7 development. It was zoned many years ago. It's been 8 developed with obviously the shopping center that' s there. 9 Most of the storefronts are vacant except for Wild Wings and 10 a couple of the outparcels . So we' re proposing to modify 11 the zoning to add an option for residential development. 12 And that means that we' re not taking away what was formerly 13 approved most recently for the Sam' s Club, big box type 14 store, but we' re inserting a new master plan and an option 15 for development of up to 300 dwelling units on a good 16 portion of the property, a little over 18 acres of the 20 17 point something acre project to be developed with 18 residential . 19 Subject property, I 'm sure all of you are familiar 20 what that is . It' s just located at the intersection of 21 Airport and U. S . 41 . It is in your CRA boundary, which is 22 why we thought it would be important to come here tonight to 23 talk to you because many of you gather for the CRA. So we 24 wanted you to be aware of something that' s going on in your 25 redevelopment area. This is also an activity center number U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 4 1 16 on the county' s future land use map. The area in pink is 2 the activity center boundary. It' s a unique configuration, 3 but it includes the shopping center as well as the 4 government center and other things along the Airport and 5 U.S. 41 intersection. 6 What we're also proposing to do is a comprehensive 7 plan amendment to this activity center and we are 8 identifying a 10 acre portion. So we qualify for what' s 9 called a small-scale plan amendment so we can add increased 10 density to get up to the 300 dwelling units that we need to 11 develop the property for the multiple-family apartments 12 on-site. So you can see that in what just popped up like 13 that. The 10 acre area where we' re asking for the increased 14 density so that we can qualify for simple density is here. 15 It takes up a good portion of the site. 16 But you have a policy in your comprehensive plan 17 that says activity centers where you have areas that are 18 subject to coastal high hazard flooding areas can only get 19 four dwelling units per acre. So we' re proposing to 20 increase the density from four units an acre above that and 21 then utilize up to 97 of the bonus pool units that came off 22 the botanical garden property to develop up to 300 units 23 here. This is the approved master plan and this one will 24 remain in tact. It shows a large full map retail and 25 parking with the outparcels. And that was developed for U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 5 1 what was going to be a Sam's Club. 2 This is our proposed master plan and we changed it 3 a little bit. We've taken off the building configuration 4 because Johnson Development is still working through and I 'm 5 going to show you some concepts of how the buildings could 6 be arranged, but it is the concept at this point so we're 7 leaving this open. So areas that are identified thus far on 8 the plan is the areas where residential could be 9 constructed. Those are areas called C/R you can see here 10 and those are parcels that are owned by Kite Realty, 11 including the Starbucks on the corner. That would be 12 included in the sale, but obviously Starbucks would stay, 13 but we're including as a C/R mixed use parcel, if you will, 14 because that would be something that all of the developer 15 would control. 16 So the access points remain the same onto U.S. 41 . 17 That' s a signalized intersection and then we have a right 18 in, right out closer to Airport Road. And then the other 19 access point that' s located closer to Haldeman Creek. One 20 access point on Peters that' s closed off and then the access 21 at Starbucks would remain. You can see that we've arranged 22 water management areas conceptually on the site keeping the 23 -- it' s very similar to the design that was being used for 24 the Sam' s Club. I know the county and everybody is 25 concerned about the discharge to Haldeman Creek. U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 6 1 If you have questions, Christina Johnson can answer 2 some questions about drainage if you have them. One of the 3 things because of the residential component that Johnson 4 would like to do is to bring Haldeman Creek into play by 5 putting in probably some sort of kayak launch, a dock or 6 something to activate the waterfront so that the residents 7 would have some option for utilizing the creek. And the 8 property itself includes Haldeman Creek, so it is within our 9 project boundary. One small preserve area has been 10 indicated as being preserved as an option already in the PUD 11 to go off-site to mitigate for that should we need to. So 12 that' s kind of a snapshot of what their plan is at least 13 from the zoning plan standpoint. 14 We are asking for several new deviations . There 15 were several deviations required for the big box club. 16 We' re asking for other deviations that will allow us to 17 navigate and you know, residential on the property. Some 18 relate to signage. Right now the county doesn't really have 19 a standard for having a mixed-use project to have 20 residential identification signage, for instance, on what 21 otherwise would be a directory sign for the commercial user 22 as well. So for instance, that' s one of the deviations 23 we've requested. 24 All this will be available on-line if anybody wants 25 to take a look at it. And Sharon has business cards up U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 7 1 there . You can go to our web site. We have linked a 2 presentation that we show you for our neighborhood 3 information meetings if would like to look at those in more 4 detail. One of the site plan arrangements that we're 5 looking at is this . And you can see building footprints, 6 but you know, what remains would be Starbucks . The other 7 outparcels that are existing, you have the gas station. You 8 have the Healthy Cafe, Dunkin Donuts and whatever will 9 become of the Burger King would all remain and those are 10 separate and apart from the mixed-use proposal . 11 But this plan highlights a little bit better. 12 These hashed areas become water management areas, for 13 instance. It' s likely that they' re going to have 14 single-story garage parking available for some of the 15 buildings . Some of the amenities will likely be within the 16 residential buildings and it wouldn't be just a stand-alone 17 clubhouse type building. Most likely this is going to be 18 their sales and leasing office and some of the recreational 19 component. Potential dog park down in here close to 20 Haldeman Creek, typical features that you see for a lot of 21 multi-family projects now. 22 This puts it on an aerial photograph and I know 23 it' s probably a little more difficult to read, but at least 24 it shows you how that' s going to relate to the neighborhood. 25 We' re trying very hard to respect the homes that are on U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 8 1 Collee Court and Peters that are adjacent to us. With that, 2 that' s a very brief overview and I 'm happy to answer 3 questions . Like I said, we have our team here that can 4 answer specific questions you have and I ' ll try to do that. 5 All I ask is that we take them one at a time and we need to 6 be clear. They don't like us to talk over each other 7 because it' s really hard to hear if somebody wants to listen 8 to the audio tape and it' s hard for transcription. So I ' ll 9 just start right here in the front row. 10 THE SPEAKER: Is there going to be no commercial on 11 the bottom? 12 MR. ARNOLD: The question was is there not going to 13 be commercial on the bottom? And I don't believe it' s the 14 intent of Johnson Development to have mixed-use in one 15 building. The residential buildings would be separate. 16 They' ll obviously be connected by pedestrian access points 17 and driveways to the remaining outparcels . I saw a hand up 18 over here. Yes, sir? 19 THE SPEAKER: I see that the plan that you got 20 there shows the line going all the way over to the other 21 bank across from Bobby Cayden' s property. You own the 22 right-of-way all the way across Haldeman Creek? 23 MR. ARNOLD: We do. Haldeman Creek exists as a 24 drainage easement across Kite' s property. 25 THE SPEAKER: Okay. So they're granted an easement U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 9 1 across the property? 2 MR. ARNOLD: Yeah, there' s an easement in favor of 3 -- I 'm not sure who all the parties are. I know Collier 4 County is one of the entities for Haldeman Creek, uh-huh. 5 THE SPEAKER: That would be Poley. 6 MR. ARNOLD: I 'm sorry. I didn't hear the last 7 part. 8 THE SPEAKER: That would be Poley. 9 MR. ARNOLD: Poley, thank you. I saw a hand over 10 here. 11 THE SPEAKER: Yeah. 12 MR. ARNOLD: Yes, sir? 13 THE SPEAKER: You've indicated that the development 14 is 20 . 35 acres, but there are 2 . 68 acres which are submerged 15 land, Parcel P that is owned by Kite. Is that subtracted 16 from the developable area? If it is, it only leaves about 17 17 acres on which to site 300 homes and park 450 18 automobiles. That constitutes in one acre 17 homes and 25 19 automobiles on one acre of developable land and I think 20 that' s far too intense. 21 MR. ARNOLD: Thank you. I 'm not going to dispute 22 your numbers, but I think it' s a little over 18 acres that 23 Johnson Development is buying for the 300 units so the 24 density is a little less than you stated. It' s probably 25 closer to 16 units per acre overall, just so you know. U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 10 1 THE SPEAKER: Okay, I 'm a car and half off. 2 MR. ARNOLD: Just so you know, activity centers in 3 Collier County are encouraged to be the areas where we have 4 high density residential and more intense commercial uses . 5 And almost everywhere else in the county activity centers 6 are allowed up to 16 units per acre residential density. I 7 know that sounds like a high number, but it is what our 8 comprehensive plan says that you can have. And then our 9 comprehensive plan will ensure (inaudible) . Yes? 10 THE SPEAKER: I think better use of that property 11 would be as part of the government center and that should be 12 explored. In addition to that, a mix of commercial and 13 residential might be more appropriate because of the traffic 14 volume at that intersection amongst other problems . 15 MR. ARNOLD: So noted. Thanks for the comment. 16 Anybody not -- yes, ma'am, back here? 17 THE SPEAKER: What types of units and what price 18 range? 19 MR. ARNOLD: Well, they are proposed to be rental 20 apartments . 21 THE SPEAKER: Rental apartments? 22 MR. ARNOLD: Yes, they' re rental apartments . And I 23 don't know if we have a price point yet. I 'm sure Rob can 24 indicate some of the price ranges that they're looking at, 25 but they' re expected to be market-rate housing. And you U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 11 1 know, price points will be commensurate with the market in T 2 the area. Yes, sir? 3 THE SPEAKER: What' s the anticipated square footage 4 per unit? 5 MR. ARNOLD: Rob, do you have some thoughts on 6 that? 7 MR. SUCHER: Yeah, I do. I ' ll speak to everything, 8 bounce back and forth. Good evening, everyone. This is Rob 9 Sucher with Johnson Development and I ' ll try and answer your 10 specific questions. We're also going to go stay a little 11 bit afterwards with the site plan just kind of on a larger 12 scale, larger scale on the site plan -- Did you guys hear 13 that? I ' ll try to be loud here -- that you can see in a 14 little bit more detail if someone wants to take a look at 15 the plan after the meeting specifically. The size of the 16 units, so we have not -- we' re at an early stage right now 17 so we have not moved into full scale design at this point. 18 Typically in the market, you're going to see about an 19 average of 1, 000 square feet. It' s a mix of one bedroom to 20 three bedroom units . So it will be plus or minus 1, 000 21 square feet, most likely, in the market. Yeah, go ahead. 22 THE SPEAKER: The development has over 730 lineal 23 feet of frontage on Haldeman Creek and I see you did very 24 little to explaining what the development will be there. 25 Will there be parking and boat dockage and common areas U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 12 1 along that waterfront property? And I think it' s an asset 2 that should be utilized by the developer. 3 MR. SUCHER: I could not agree more. It is one of 4 the most exciting things we have on this project 5 specifically. There' s no existing community within Collier 6 County on the rental side that does have the opportunity for 7 canal activation. So that is exactly what we look for and 8 hope to be able to achieve. Unfortunately, it is not just a 9 county approval . It actually has to go through U.S. Army 10 Corp. So that is a lengthy process that we' re going to be 11 doing concurrent to zoning application, but it is absolutely 12 our intent to activate that canal . We would be the first 13 ones of the incredible disappointment to the project if we 14 were not to be able to achieve that. So it' s 100 percent in 15 the plans. 16 THE SPEAKER: It is . 17 MR. ARNOLD: I saw a hand up over there somewhere, 18 didn't I? Okay. Yes ma'am, go right ahead. 19 THE SPEAKER: The 300 units, though, it's going to 20 take what, 600 cars? There' s already in the winter a 21 traffic jam there. 22 THE SPEAKER: There ' s a bottle-neck. 23 MR. ARNOLD: One at a time, please. One comment at 24 a time. 25 THE SPEAKER: In the mornings I live on the creek U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 13 1 so I come out by Seminole. Actually, by Cardella' s Law 2 Offices . I have to make a u-ie. They' re backed up halfway 3 down Guilford every morning already in the summer. What' s 4 it going to be with 600 more cars? 5 MR. ARNOLD: Right. Well, I think part of the 6 issue and we have our traffic engineer here, I mean, you 7 have to remember that today they could refill the shopping 8 center with 165, 000 square feet retail space that generates 9 far more trips than the residential trips . So that' s how 10 the traffic comparison was made and that' s how the staff is 11 evaluating it based on retail versus residential . Someone 12 who hasn't asked a question. Sir, in the back? 13 THE SPEAKER: That is the third busiest 14 intersection in Collier County. There are 90, 000 cars at 15 peak season on 41 East and 35 -- 55, 000 on Airport Road 16 going south. That is a bottle-neck from the four corners 17 downtown Naples to Rattlesnake Hammock Road, if not further. 18 And adding 600 cars to that mix is going to be a mistake, I 19 believe, because currently I have witnessed emergency 20 vehicles that are delayed in their response at that 21 intersection. 22 MR. ARNOLD: Thank you. Yes, ma'am? Oh, it's 23 Anita. I couldn' t see because of the light. Sorry about 24 that. 25 THE SPEAKER: Given that you have a lot of U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 14 1 multi-family here and a large employer, have you had any "~ 2 considerations for pedestrian improvements to help them 3 cross the street at all? Did staff ask you to consider 4 that, how you move pedestrians around that area? 5 MR. ARNOLD: I don't think we've gotten quite that 6 far, Anita, talking about all pedestrian interconnections . 7 I mean, I think that' s one of the things that attracts 8 Johnson to this site is that you've got a large employment 9 center at the government center next door. You've got the 10 CAT transfer facility that' s immediately across the street. 11 We have a traffic signalized intersection at both Airport 12 and at the entrance on U.S . 41 that does provide at least 13 for safe passage for people to cross the street to get to 14 and from work and shopping. So I 'm sure we' ll be dialoguing 15 more with the transportation staff on that. Yes, ma'am? 16 THE SPEAKER: How many stories are each unit going 17 to be? 18 MR. ARNOLD: Well, each unit will probably be a 19 single-story unit. I don't know that they've settled on the 20 maximum number of stories for the project. I can tell you 21 what we' re asking for, for height for zoning, but I need to 22 put my glasses on to see that to make sure I read it 23 properly. So for the multi-family we're asking for a zoned 24 height of 65 feet and an actual height of 70 feet. That 25 probably translates into a maximum of five stories, I would U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 15 1 think, Rob, you know, most likely. So that' s what we're 2 proposing. Stand-alone amenity buildings would be 35 feet 3 zoned, 45 feet actual height. Yes, ma'am? 4 THE SPEAKER: There was a conversation with the 5 previous plans that you had about fire suppression. So to 6 handle 300 units, plus units, how are you going to implement 7 the same kind of thing with the water? There was supposed 8 to be some kind of a storage tank. Does anybody have -- 9 MR. ARNOLD: Christina, the question relates to 10 fire suppression and I don't know the answer to that. 11 MS. JOHNSON: We had -- Christina Johnson, JRE 12 Engineering. I 'm not aware of the specifics of what was 13 approved previously for fire suppression. But I have had 14 preliminary conversations with the City of Naples on the 15 water supply to the site and we have not seen anything that 16 appeared to be an issue. It is a different use as a 17 residential use instead of a big box commercial. So there 18 could perhaps have been a different requirement for the 19 commercial building. So I 'm not aware of any issues . 20 MR. ARNOLD: Thank you. Yes, sir? 21 THE SPEAKER: The deviation on that fire 22 suppression was that where Starbucks is they were putting in 23 a water storage tank with a pump in order to supply water to 24 extinguish the fire if the Sam' s Club was built there 25 because they could not suppress the fire with the water that U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 16 1 was supplied by the city and the size of the line that the 2 city was supplying to that area. Now you are going to be 3 doing residential areas, too, but only one is going to be 4 going off at a time. 5 MR. ARNOLD: I 'm going to let Doug Kirby try to 6 address that. He' s the owner of the property. 7 MR. KIRBY: So the issue with Sam' s Club is their 8 occupancy and their building code standard is a high pile 9 storage. It's got a much denser requirement for fire 10 suppression. Before the CRA provided the funds for the city 11 to operate the water system on Collee Court it was 12 borderline with Sam' s on whether they needed the tank or 13 not. The models that were being drawn at the time when 14 Sam' s pulled out, excuse me, was that because of the 15 improvements funded by the CRA, they weren't going to need 16 it. And the fire demands for residential building are much 17 less than a high piled storage calculated. 18 MR. ARNOLD: Sir, I 'm going to go to somebody else 19 who hasn't asked a question yet and I ' ll come back to you 20 gladly. Yes? 21 THE SPEAKER: The common areas docks, are the 22 residents going to be able to have boats there or just 23 kayaks and canoes and things like that? 24 THE SPEAKER: No boats. 25 MR. ARNOLD: I think the idea is that it would be U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 17 1 paddle boards, kayaks, canoes, sort of those types of 2 things . I don't expect to be motorized transportation 3 there. I think as Rob mentioned, it' s looking to activate 4 that and that would make the most (inaudible) . I saw 5 another hand back here. Yes, sir? 6 THE SPEAKER: Are they going to try to clean it up? 7 I grew up there . When I was a kid we used to swim in there, 8 but I wouldn't wade in there now where we live. And a lot 9 of it is coming from Sam' s, their parking lot and all . 10 MR. ARNOLD: Yeah, I think a lot of that does 11 filter down from north of U. S . 41, you are correct. And I 'm 12 sure that Johnson will be happy to clean it up. I think 13 they want it to be a positive amenity for the community. 14 THE SPEAKER: Also with the water, I live across 15 the street from Bobby Cayden. When his house burned I 16 didn't even have enough water pressure to shoot my hose up 17 on my roof. 18 MR. ARNOLD: Well, I can assure you that Christina 19 Johnson, our engineer, will look at that. I know that the 20 city has made some improvements to the water supply system 21 over the last couple of years. And hopefully -- 22 THE SPEAKER: I still don't have any water pressure 23 where I live. 24 MR. ARNOLD: Yes, sir? 25 THE SPEAKER: Getting back to the density bonus, U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 18 1 you said 96 units or whatever? 2 MR. ARNOLD: The bonus units we' re eligible to use 3 up to 97 units in the bonus pool. 4 THE SPEAKER: Is that a pool for the CRA that 5 becomes depleted or is that -- 6 MR. ARNOLD: I believe -- 7 THE SPEAKER: -- just for this site? 8 MR. ARNOLD: I think, I 'm not the expert, but Sue 9 is here, Sue Faulkner from long-range planing, she may know. 10 But I think Mattamy Homes was going to utilize some of the 11 bonus pool units, but outside of that I don' t know that 12 anybody else has utilized any of them. So these were meant 13 to be an incentive to have redevelopment to gain those bonus 14 pool units . So that' s what we 've applied to do. Somebody 15 else who hasn't asked a question? I just want to make sure 16 because I think the CRA would want to make sure we answer 17 all your questions . I know the CRA has their regular 18 meeting following this . So to the extent that we can get 19 through the questions that you ask, anybody who hasn't asked 20 a question yet would like to ask a question? Yes, sir? 21 THE SPEAKER: I totally agree with the colossal 22 traffic jam. But does this increase impervious cover? 23 MR. ARNOLD: The question is does this increase 24 impervious coverage? And I guess the question is compared 25 to what? Probably not compared to if Sam' s Club were to U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 19 1 have been constructed. 2 THE SPEAKER: Compared to the Sam' s Club? 3 MR. ARNOLD: Uh-huh. 4 THE SPEAKER: No? 5 MR. ARNOLD: I don't believe it does . Christina, I 6 don't know if you know for sure, but it ' s probably 7 comparable or less . 8 MS . JOHNSON: It' s negligible. 9 THE SPEAKER: Thank you. 10 MR. ARNOLD: Thank you. Yes? 11 THE SPEAKER: The challenge that I see that no one 12 has addressed, though, is that the traffic may be the same 13 number of cars going in and out of there, but nobody has 14 addressed that everyone leaves at nine o' clock in the 15 morning and returns at five o'clock in the afternoon. So it 16 might be the same number of cars coming in, but residential 17 is going to be the mornings and the evening rush hour. 18 MR. ARNOLD: Yeah, the county does make -- the 19 question if you didn't hear was about that even though we 20 may have less traffic, it all occurs at generally the same 21 time in the morning or evening because of the residential 22 nature of what' s being proposed. And I think that the 23 non-transportation engineer that I am, the answer is that 24 the county looks at a.m. peak hours . They look at p.m. peak 25 hours . And then we ' re required to analyze how much traffic U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 20 1 is generated during those times and where it's disbursed. 2 And I think part of it is they can easily disburse from the 3 site which makes a lot of sense. 4 You can go north on Airport Road. You can go east 5 or west on the Trail and that helps disburse that. And 6 having the traffic signals for volume control is also 7 comparable. I don't know if the transportation engineer' s 8 version of -- you know, the comparison of the residential to 9 the commercial option. And I think we understand and I 10 think the county staff understands that the peak hours are 11 still going to be 7 to 9 a.m. in the mornings and 4 to 6 12 p.m. in the evenings . So we have to analyze our situation. 13 Anybody else back there? I 'm having a hard time seeing. 14 The sun is coming in just below the shade. Yes? 15 THE SPEAKER: I 've got an idea for the pedestrian 16 crossing. What about one of those bridges that goes up 17 over, across and down, you know, for people walking over to 18 that? I mean, because whenever you're sitting at the light 19 and it' s 30 seconds for someone to get across the street, 20 that increases the time. 21 MR. ARNOLD: It definitely does . I mean, that's 22 one of the challenges we have in Collier County where you 23 have large intersections . You have to give enough green 24 time for the pedestrian and it takes away from the green 25 time for the motorist. We get that. I don' t know that it's U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 21 1 an economically feasible option. The county has explored 2 those at other intersections and they're extremely expensive 3 because they have to be built for ADA compliance. So they 4 have to have either very long ramps that are circular and 5 they' re expensive. The county doesn' t maybe even like what 6 the appearance would be to start having these pedestrian 7 bridges over the roadway, but I understand your point. It 8 does increase and decrease the capacity. 9 THE SPEAKER: Thinking outside thoughts . 10 MR. ARNOLD: I understand. Thanks for the comment. 11 Anybody else back there? Yes, sir? I saw your hand just 12 about ready to go up. 13 THE SPEAKER: You finally got back to me. I 'm 14 sorry to give you such a hard time. 15 MR. ARNOLD: No, you're not. That' s why we're 16 here. I just want to make sure everybody has a chance. 17 THE SPEAKER: That light at Peters and U.S . 41 is a 18 very short light when you' re on Peters Street. I timed it 19 several times . The maximum number of vehicles that can get 20 through that light before they turn it back to 41 is four 21 cars, the maximum and some will get through. Only three out 22 lanes, two of which have to turn right on to 41 and go down 23 and make a u-turn to come east or to go west. There' s no 24 traffic that is going to have access on Peters Street now 25 that Starbucks is there and Wild Buffalo Wings is there, no U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 22 1 traffic can get out. 2 MR. SUCHER: I can address that after just for the 3 group is this orientation -- 4 THE SPEAKER: That light has to be lengthened and 5 shorten lights on Airport and -- 6 MR. SUCHER: When you look at Peters in the 7 specific orientation of Kite, it' s very intentional to 8 actually bring traffic away from Peters and away from the 9 intersection. So our two principal entrances and the exits 10 are actually to the south, the southern signal. 11 THE SPEAKER: Oh, they will be? 12 MR. SUCHER: Yes . And you see these two where the 13 main entrance is actually at the left in, right in, right 14 out. 15 THE SPEAKER: Oh, I see . Okay. 16 MR. SUCHER: And then we actually have our primary 17 entrance and exit where the majority of and that's where 18 we're encouraging the circulation of the site to be a big U 19 movement that would access the southern signal to move 20 traffic away from Peters . 21 THE SPEAKER: I understand now. You can turn left 22 at that location? 23 MR. SUCHER: Correct. And we' re trying to minimize 24 the same impacts as the complication with Starbucks as well . 25 We understand that. U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 23 1 THE SPEAKER: The other thing is you have that 2 complex is going to use 44 million gallons of water a year 3 if they use the average of 175 gallons per person per year. 4 Is the City of Naples able to supply 44 million gallons of 5 water and accept 44 million gallons of sewage from your 6 facilities? They have a 10 million gallon a day sewer plan 7 and I don't think they' re prepared to attempt it. 8 MR. ARNOLD: If I might, I would just say that 9 we' re required to do these utility forms. Utility staff for 10 the county is reviewing that. We do have city water. It' s 11 county sewage supply. So the county is dealing with the 12 sewage. There' s no capacity issues with the county sewer 13 plans . And I 'm pretty sure that the City of Naples has ... 14 ample capacity. Again, comparing what this could be if 15 retail users or restaurant users, I think we're pretty 16 comfortable. And I think -- I know Christina has talked to 17 both entities and they feel comfortable because they 18 certainly have the service capacity for us . Yes, ma'am? 19 THE SPEAKER: On your web site we can go in and 20 check all of this information out . Will it show those 21 lights? I 'm still a little bit confused about coming out of 22 that area with all of those cars . And Peters, is Peters 23 still going to be existing or no? 24 MR. ARNOLD: Yes, Peters will be existing. It's 25 going to remain an access point for Starbucks that will U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 24 1 remain on Peters. One of the other access drives that was 2 there if this develops to residential, I should say. If it 3 became a big box there would actually be one more access 4 point on Peters than there is proposed for the residential. 5 THE SPEAKER: Okay. Because then the residents are 6 going to turn in. I live right off of Tamiami and Osceola 7 where we have to do the u-turn to go back towards town. Is 8 that the only other light you're talking about? 9 MR. ARNOLD: Well, the lights we ' re talking about 10 are existing. You have the one that services across from 11 the government center and then there' s the light at Airport 12 and Peters . So those are the two lighted intersections that 13 I 'm referring to. But yes, the information we have here if 14 you take one of Sharon Umpenhour' s cards on the table, you 15 can go to our web site at GradyMinor.com and we have a link 16 to the application materials as well as a power point. 17 THE SPEAKER: Thank you. 18 MR. ARNOLD: Sure. Yes, sir? 19 THE SPEAKER: I have a concern about the units 20 themselves and whether this is going to end up to be a 21 basically a dormitory type of housing development. And the 22 question might be resolved by asking what kind of amenities 23 are you planning to have in the community in addition to 24 just a place to live? 25 MR. ARNOLD: That' s probably a good segue to let -- U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 25 1 I ' ll let Rob tell you a little bit about Johnson 2 Development. How about that to sort of close out? I ' ll let 3 you talk a little bit about that, Rob, and then what you' re 4 looking at for amenities here. 5 MR. SUCHER: Absolutely. So Johnson Development is 6 a family company based out of Spartanburg, South Carolina. 7 We have multiple offices throughout the country: D.C. , New 8 York, L.A. , San Francisco. All of our southeastern focus is 9 based out of Spartanburg and then we move throughout the 10 regions . So I 've been working with Johnson Development for 11 about five years now on multiple divisions . We have 12 industrial division, multi-family division, a storage 13 division, a commercial division and a community division, 14 which is an economic development for the City of 15 Spartanburg, South Carolina. 16 Specific to the family, we've developed close to 17 10, 000 units throughout the country. Most of those in our 18 current pipeline are luxury Class A apartments . So you' re 19 going to have really the best thing of the amenities as well 20 as finishes that we offer in the market. So the best in 21 classes is really kind of the new competitive vantage. You 22 have to build what' s nice, but also what' s nicer than the 23 newest competition. So what we're trying to do here is 24 create something that' s unique based upon what is the huge 25 advantage of this site, the adjacency of employment as well U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 26 1 as the opportunity to connect to the Bayshore Arts District 2 as well as the amenities of downtown in much closer 3 proximity to competitive projects . 4 The amenities specifically, we have again a luxury 5 pool that' s going to be right outside of the first L-shaped 6 building. A dog park is what we propose. We see that about 7 40 percent of customers in apartments today are pet owners . 8 So that' s a big thing to have that sense of community 9 on-site is important to us . The activation of the canal is 10 something that we really feel is a special opportunity. 11 Like I mentioned before, something that does not exist today 12 in the county. It' s something that we have not done, had 13 the opportunity to, but to be able to paddle down, actually 14 up the creek to 360 Market, to Celebration Park. A really 15 unique advantage that we 're hoping to take the opportunity 16 to take advantage of, excuse me. 17 The other amenity that we're offering here that is 18 going to be unique, we've done it in a couple of places . 19 One is a project in Tampa that' s under construction now as 20 well as a project in Mt. Pleasant, South Carolina, which is 21 in Charleston, South Carolina is a we-work concept. So that 22 is going to be a co-work opportunity to where you have the 23 opportunity to office and work in the amenities themselves 24 to have a home office. Be outside of your actual home, but 25 still be in the community itself. So you don't have to pay U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 27 1 essentially for space, but we' ll have conference spaces . 2 We' ll have individual desks there for the community itself. 3 And that' s seen across the industry as a huge opportunity to 4 allow people spaces that feel larger, but also connect with 5 the community itself. 6 THE SPEAKER: Are you going to have a fitness 7 center? 8 MR. SUCHER: We will, yes, absolutely. Yeah, 9 fitness is pretty much standard in the business today and 10 absolutely we' ll have that. We don't really decide on the 11 fitness delivery until just because trends are changing so 12 quickly, but it will be top of the market. 13 THE SPEAKER: Can you give us the names of some of 14 the developments that you've done that we could look at to 15 see what we might expect here? 16 MR. SUCHER: Yeah, absolutely. And I ' ll have my 17 card out and I can give you. It has a link to our web site 18 that has all of our projects in our pipeline. 19 THE SPEAKER: Is there a particular project that 20 you either have going on now or had that would be similar to 21 what are you proposing here? 22 MR. SUCHER: Yes . We have a project that just 23 delivered in Charleston about nine months ago. It' s called 24 The Haven at Indigo Square. 25 THE SPEAKER: It' s called what? U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 28 1 MR. SUCHER: The Haven at Indigo Square. 2 THE SPEAKER: Okay. 3 MR. SUCHER: And that' s linked directly from our 4 web site, which is JohnsonDevelopment.net. And you can go 5 over to the actual site and see all the gallery in itself. 6 The other project that we are hoping to start construction 7 on over the summer is actually in Collier County. 8 THE SPEAKER: We can't hear you. 9 MR. SUCHER: Yes, excuse me. The other project 10 that we have in the pipeline locally is actually here and 11 will hopefully start construction early summer which is at 12 the intersection of Livingston and Radio Road. The name of 13 that project is called The Lago and that design is currently 14 being permitted right now. 15 THE SPEAKER: It' s called what? 16 MR. SUCHER: Lago. 17 THE SPEAKER: We can't hear. 18 MR. SUCHER: I 'm sorry. 19 THE SPEAKER: We didn't get the name of the place. 20 MR. SUCHER: The Haven at Indigo Square. 21 THE SPEAKER: Say that again. 22 MR. SUCHER: The Haven at Indigo Square. 23 THE SPEAKER: The Haven at Indigo Square? 24 MR. SUCHER: Yes, ma'am. 25 THE SPEAKER: And where is it located? U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 29 1 MR. SUCHER: That' s in Mt. Pleasant, South 2 Carolina, which is in Charleston. The local project is 3 named Lago, L-a-g-o, and that is at the intersection of 4 Radio and Livingston. That is currently being permitted, 5 final permits with Collier County. So unfortunately, we do 6 not have the web site or images available quite yet, but 7 we're hoping to start construction on that early this 8 summer. 9 MR. ARNOLD: Any other questions, folks? 10 THE SPEAKER: There used to be in Collier County 11 what was called continuity or concurrency, sorry, in which 12 the schools had to be adequate, the fire department had to 13 be adequate, the sidewalks, the roads had to be adequate for 14 development before it could be developed. Can you meet all 15 of these criteria that are required for that kind of -- 16 MR. ARNOLD: I can ask our attorney to respond, but 17 I think I can safely say that yes, we will make all the 18 concurrency requirements that Collier County has . 19 THE SPEAKER: The fire department has its ladders 20 high enough to get to the sixth floor? 21 MR. ARNOLD: I hope so. We have buildings much 22 taller than that. 23 THE SPEAKER: Because my ladder isn't high enough 24 to get into a tree. 25 THE SPEAKER: We have a ladder truck now. U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 30 1 THE SPEAKER: Okay. 2 MR. ARNOLD: Yes, sir? 3 THE SPEAKER: How many units did the county allow 4 you to have now? Is that 95 more? 5 MR. ARNOLD: Well, no. We're asking to utilize -- 6 we' re right now allowed to have four dwelling units per acre 7 over the site. We' re asking for the ability to go up to 16 8 units per acre for the site. 9 THE SPEAKER: Is there a reason why that we decided 10 on four per acre to begin with? 11 MR. ARNOLD: The county did that for it' s kind of a 12 base density throughout the urban area outside of activity 13 centers . So if you' re west of Collier Boulevard, for 14 instance, the base density is generally four dwelling units 15 per acre. 16 THE SPEAKER: So we're going to go from four to 16? 17 MR. ARNOLD: Yeah, that' s what we're proposing. 18 THE SPEAKER: This is the reason why we all moved 19 here from the west coast, Bradenton, all of those areas 20 because it didn't do what they did up there and ruin our 21 area. We kept it small. We kept it less density. So now 22 they're going to go to 16 from four. So if you just keep it 23 the way it 's supposed to be, then there's no problem. And 24 that' s why we all moved here. 25 MR. ARNOLD: Part of the reason you're in a U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 31 1 redevelopment area is that we're trying to encourage people 2 to redevelop sites like a shopping center that is a failed 3 shopping center. It' s failed a number of times as being a 4 grocery-anchored shopping center. So we believe that given 5 the location proximity to employment, given the government 6 center location, proximity to the beach, downtown, the CRA, 7 Bayshore Drive that the real opportunity here is for a 8 mixed-use project that includes residential dwellings as 9 well as some retail . 10 THE SPEAKER: Which is fine. You can put that in 11 there, but just keep the density. They're asking for more 12 than anybody else. They've already ruined their town so now 13 they want to ruin our town by putting in all these people. 14 We got enough now. 15 MR. ARNOLD: Thank you. 16 THE SPEAKER: You' re welcome. 17 MR. ARNOLD: Yes? 18 THE SPEAKER: You just mentioned apartments for 19 people who are working at the government center or perhaps 20 downtown. Will the price point be something that those 21 service industry, for example, can afford who are working 22 downtown? 23 MR. SUCHER: Yeah, these will be market rate. So 24 that, I wish we knew what the market was going to be in two 25 years from now, but this will be consistent with market rate U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 32 1 apartments . _ 2 THE SPEAKER: How many years from now? 3 MR. SUCHER: I 'm hopeful that we can get started 4 construction, you know, sometime next year and deliver our 5 first units within the next two to three years . 6 MR. ARNOLD: Any other questions? Yes, sir? 7 THE SPEAKER: Yeah, on the old neighborhoods that 8 are in the back end, what is the plan to buffer them from 9 this? 10 MR. ARNOLD: Well, the county has code requirements 11 for a buffer between multi-family residential and single 12 family. It requires a certain type of hedge or wall and 13 vegetative screening, et cetera. 14 THE SPEAKER: Well, when they were doing the Sam's 15 Club, one of the deviations that they asked for and one of 16 the agreements they stipulated and the gentleman in the back 17 can probably move forward and answer that question is that 18 they agreed to put into a fund to upgrade the right-of-way 19 that surrounds that property on that side. I forgot the 20 exact dollar amount, but they agreed to a dollar amount. 21 MR. ARNOLD: It was $50, 000 for sidewalk for 22 pedestrians . 23 THE SPEAKER: And that stays within this plan? 24 MR. ARNOLD: I believe those dollars -- Doug, you 25 can correct me if I 'm wrong, but I think those funds were in U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 33 1 place, were they not? 2 MR. KIRBY: Yes . 3 MR. ARNOLD: His response was yes . 4 THE SPEAKER: Thank you. 5 MR. ARNOLD: Any other questions, comments before 6 we adjourn and let the CRA get on with their meeting? Yes, 7 sir? 8 THE SPEAKER: I live at that location which is 3312 9 Collee which is directly adjacent to your property or to 10 Kite' s property for 38 years on the south side. We were 11 there when it was an open field prior to construction of 12 Courthouse Shadows . We went through a year of hell with the 13 construction process, the dust and dirt in our houses and 14 our cars . There was blasting and excavating, earth moving 15 that was done that cracked our home. We need -- the four 16 residents that own property directly adjacent to Kite' s need 17 a telephone number and a contact on-site so that we can call 18 to register a problem that we have and hopefully it could be 19 resolved. 20 MR. ARNOLD: I think that' s a very fair comment. 21 And I think most of the quality contractors these days have 22 an on-site superintendent. They supply you with a 24-hour 23 cell phone number. 24 THE SPEAKER: Yeah, we would need that because of 25 the damage that was done to us over the course of this year U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 34 1 that it took for that Courthouse Shadows to be built. 2 MR. ARNOLD: Understood. Yes, ma'am? 3 THE SPEAKER: I just have a question regarding 4 commercial because it appears that most of what is 5 allocating now for commercial is going to be gone. Is that 6 kind of what I 'm hearing that -- 7 MR. ARNOLD: Yes, under the residential option if 8 Johnson Development decides to move ahead with this 9 option -- 10 THE SPEAKER: Correct. 11 MR. ARNOLD: -- most of the inlying, the shopping 12 center building -- 13 THE SPEAKER: That we know now. 14 MR. ARNOLD: -- that you've known would be 15 demolished and in its place would be built this . 16 THE SPEAKER: Okay. So the commercial will really 17 be more of the out buildings that we see? Is that what I 'm 18 understanding? 19 MR. ARNOLD: That is correct . The remaining 20 commercial under the residential option is largely the 21 outparcels . 22 THE SPEAKER: Okay. So this is really what we're 23 looking at is this site really is going to move, if you 24 will, from a commercial property to primarily residential 25 with a few out buildings? U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 35 1 MR. ARNOLD: Under this development scenario that' s 2 a correct statement, yes . 3 THE SPEAKER: Okay, thank you. 4 MR. ARNOLD: Yeah. Yes, sir in the back? 5 THE SPEAKER: Excuse me. Regarding the parking 6 spaces that you have outside of the single type family 7 buildings, are those going to be exclusively use for the 8 outparcels or will that be used as parking for, you know, 9 overflow parking for the apartments or guest parking for the 10 apartments? 11 MR. SUCHER: Yeah, thank you for asking the 12 question. So our attempt is to really activate the existing 13 commercial . I think anybody can attest as a potential owner 14 or just visiting the center itself that it' s very 15 challenging for businesses to be successful when you have a 16 vacant use behind you. 17 THE SPEAKER: Correct. 18 MR. SUCHER: So this is a real opportunity that we 19 see is to activate -- you saw the successful development of 20 the Starbucks . Also activate the remaining four outparcels 21 and allow for what hopefully is an increase not only in 22 on-site business, but also to have the presence of a new 23 expensive development behind them compared to a vacant 24 building. What we' re also doing is we' re installing new 25 parking as mentioned by the question in between the Chevron U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 36 1 as well as the Crooked Shillelagh, excuse me. And then we 2 also have all the parking just south of the main critical 3 driveway. Those will also be installed for the betterment 4 and the benefit of the residential and the retail itself. 5 You can see behind the Burger King there' s also new 6 increased parking there. 7 THE SPEAKER: Right. 8 MR. SUCHER: As well as the Dunkin Donuts to the 9 east has new installed spots that will benefit those. We 10 also have a preservation at the parking between the 11 Starbucks and the Crooked Shillelagh as well. Those are 12 increased spots from what exists there today. So all of 13 those are newly created spots that will benefit the retail 14 upfront. 15 THE SPEAKER: Okay. 16 THE SPEAKER: But will they be also used as 17 overflow for the apartments or -- 18 MR. SUCHER: The parking inside of the gates is for 19 the residential. And we also do have some shared parking 20 opportunities that would benefit both the residential and 21 the retail . 22 THE SPEAKER: So then you would expect this to be a 23 gated community? You said inside the gate. So it would be 24 a gated community? 25 MR. SUCHER: Yes, ma'am, but that' s to be U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 37 1 consistent with the market. I would say definitely 2 predominantly, but if not exclusively all of the new 3 apartment communities are gated. 4 MR. ARNOLD: Any other questions, comments before 5 we break up? Anybody not have a chance to ask a question? 6 Yes, sir? 7 THE SPEAKER: You have any idea when you go in 8 front of the planning board? 9 MR. ARNOLD: We do not have hearing dates set yet. 10 This is -- 11 THE SPEAKER: And will we be getting a notice same 12 as we did? 13 MR. ARNOLD: If you were noticed for this meeting, 14 you should get notice from the county next time. And of 15 course, the big 4 x 8 signs get installed, so you' ll see 16 them. As a neighborhood resident, you' ll see those. And do 17 we post those on our web site, Sharon, the dates? 18 MS . UMPENHOUR: Yes . 19 MR. ARNOLD: We do, yeah. So on our web site, too, 20 if you follow us. I forgot to introduce a couple of county 21 people that are here. You might want to write down their 22 names . We have Sue Faulkner who' s with comprehensive 23 planning. She' s sitting back here. She' s one of the 24 comprehensive planning staff people. And James Sabo who' s 25 one of the zoning staff people, they' re here. It' s not U . S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 38 1 their meeting per se, but they're here to monitor and take 2 notes and make sure they understand what the citizen 3 comments were. So we appreciate everybody coming out. If 4 there ' s no other comments, we' ll adjourn the meeting. Thank 5 you all for coming. 6 THE SPEAKER: Thank you. 7 MR. ARNOLD: Have a good CRA meeting. 8 (End of the meeting. ) 9 - - - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U. S . LEGAL SUPPORT 866-339-2608 Courthouse Shadows MPUD Neighborhood May 07, 2019 39 1 2 3 CERTIFICATE 4 - - - 5 6 7 I, Vicki Woodham, Court Reporter and 8 Transcriptionist, do hereby certify that I was authorized to and 9 did listen to and stenographically transcribe the foregoing 10 recorded meeting and that the transcript is a true record to the 11 best of my professional ability. 12 13 14 Dated this 21st day of May, 2019 . 15 16 17 18 19 Y i4: G{''I' OG thaIrt Vicki Woodham, Court Reporter 20 21 22 23 24 25 U . S . LEGAL SUPPORT 866-339-2608 C C T D U aJ v, LI) MOm O O c co = cf) 20 U N o O .. = .— Zz' • ca 2 c i CO o +, 0 4- c U 01 CU -0 l-nE 0 Lo Q 0 Cr) 73 p o o O E ---- -o Q 00 a0 l a) o a. 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CU im •••r . 4....i •mom .fr r r r r r r r ri.i r r i Tr M..) *.•;•••:•:•4:4;;\ ' ,C f) c,-.° 7 al*1:11D C—I): •••41• .4 2 z° (f) . E E. 1'4 • * 1-4 0 •• •• 6 Iv' , ••••••••• x . , •••- ' ":•••••: ., . 0 (13 iro, i, i - •• r.., •t• 1.0 1 1 ••1 4 1.11 ..) $1414", 1144 0- 01P4's 16. I - 1 L • __,,,riii.2 .,,. 160 z' I . 4 , C ' /1•••••••• , ,•.• •••• * , • ••, 0 4.. .--- . ' • A*/ 40• S' Ile ' 441 ,* : U 1 \ vifiNisoTt• , ' : ' ,, 1.. 4 * -4, .: 'ci'41//' '/ • i! - -' t. .' # _ • i \ . . .... . . 1.• fitik, ..,,,,,. ..16, la) , too V) 0I z_z * 4. >it LUZ 47 LJ 0 L.... _ CL 6. le » ll y§ ƒ y ƒ\ ƒ ƒ I y ƒ $ / $ V w - c C'® „,. C } 0 ■ + (/) all) ^ = ',,- Cill / 10A I FRIDAY, AUGUST 30, 2019 I NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission will hold a public meeting on September 19, 2019, commencing at 9:00 A.M. in the Board of County Commissioners Chamber,Third Floor,County Government Center,3299 Tamiami Trail East.Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MIXED USE ACTIVITY CENTER#16 MAP BY DESIGNATING 10 ACRES IN THE COURTHOUSE SHADOWS MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD)WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY ELIGIBLE FOR RESIDENTIAL DEVELOPMENT UP TO 12.8 UNITS AN ACRE PLUS A BASE DENSITY OF 4 UNITS AN ACRE FOR THE MPUD AND UP TO 97 DENSITY POOL UNITS FOR THE MPUD AS DETERMINED BY A REZONE. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA CONSISTING OF 10 ACRES OF A 20.35+/-ACRE MPUD;AND BY PROVIDING AN EFFECTIVE DATE.[PL20180003659] 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, AS AMENDED, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT BY ADDING 300 MULTI- FAMILY RENTAL DWELLING UNITS AS A PERMITTED USE IN ADDITION TO THE COMMERCIAL DEVELOPMENT; BY ADDING DEVELOPMENT STANDARDS FOR RESIDENTIAL ONLY BUILDINGS; BY ADDING DEVIATIONS RELATED TO THE RESIDENTIAL USES; BY REVISING DEVELOPMENT COMMITMENTS AND BY REVISING THE MASTER PLAN.THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA CONSISTING OF 20.35+/-ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PL20180003658] u Ni\Nz Project �d� Location •z 0 0 z m e All interested parties are invited to appear and be heard.Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 PM.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office.Fourth Floor,Collier County Government Center,3299 Tamiami Trail East, Suite 401,Naples.one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division,Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to September 19,2019,will be read and considered at the public hearing. Any person who decides to appeal any decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission pL[10154 a Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 19, 2019 SUBJECT: PUDA PL20180003658 COURTHOUSE SHADOWS CPDD GMPA PL20180003659/CPSS-2019-1 COURTHOUSE SHADOWS PROPERTY OWNERS/APPLICANT/AGENT: Owners: KRG Courthouse Shadows LLC KRG Courthouse Shadows II LLC 30 S. Meridian Street, Suite 1100 Indianapolis, IN 46204 Applicant: KRG Courthouse Shadows LLC 30 S. Meridian Street, Suite 1100 Indianapolis, IN 46204 REQUESTED ACTION: Agent: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3 800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich, Koester 4001 Tamiami Trail N. suite 300 Naples, FL 34135 The petitioners are requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 1992-008 and 2016-45, the Courthouse Shadows Planned Unit Development (PUD). The applicant proposes to amend the 20.35+/- acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi -family dwelling units. A companion small-scale amendment, PL20180003659 to address density has been filed as well. The applicant intends to ensure that property owners, not included in the current application submittal, retain all existing development entitlements. GEOGRAPHIC LOCATION: The subject property consists of 20.35 acres and is located at the southeast quadrant of the intersection of Airport -Pulling and Tamiami Trail East (U.S. 41) in Section 11, 12, 13, Township 50 South, Range 25 East, Collier County (see location fnap, page 2). The proposed Master Plan document is included as Attachment B. PUDA-PL20180003658; Courthouse Shadows Page 1 of 20 Revised: August 28, 2019 i Z U.1 O E... OLL 0 V ate` SON 9 Mnd INOd id 777-7 NO aaoysAe i i PUDA-PL20180003658; Courthouse Shadows Revised: August 28, 2019 M .E O N 00 LO M O 00 V- N D_ L z O Page 2 of 20 eeooa�� c � c [ :. . a oil .. . a i Z U.1 O E... OLL 0 V ate` SON 9 Mnd INOd id 777-7 NO aaoysAe i i PUDA-PL20180003658; Courthouse Shadows Revised: August 28, 2019 M .E O N 00 LO M O 00 V- N D_ L z O Page 2 of 20 PURPOSE/DESCRIPTION OF PROJECT: The subject property is the Courthouse Shadows Commercial PUD and was established by Ordinance 1992-008. The PUD was later amended by Ordinance 2016-45 as part of the proposed Sam's Club development project. The applicant proposes to maintain the commercial options available in Ordinance 2016-45 for a large retail warehouse club space. A Small Scale Growth Management Plan Amendment (GMPA) is proposed as well for a 10 -acre portion of the Courthouse Shadows PUD. Accordingly, the applicant proposes a mixed-use option to allow up to 300 multiple -family dwelling units on the 10 -acre GMPA portion of the property, which is the current parking lot area. The applicant states that the 300 dwelling units proposed are market -rate units. The proposed Master Plan indicates that multiple -family development could be gated and apart from the commercial uses of the PUD. Interconnections are proposed to the out lot commercial uses along the East Trail (U.S. 41). The applicant proposes to utilize Haldeman to a greater extent and develop a kayak launch as part of the residential component. SURROUNDING LAND USE AND ZONING: North: Government, commercial, zoned Collier County Gov PUD, C-3, GTMUD-MXD South: Legal office, vacant, residential, zoned C-3, BMUD-Rl, RSF-4 East: Walmart retail, office, government, zoned Collier County Gov PUD, C-3, C-5 West: Vacant, office, residential, zoned RMF -6 BMUD-R1, C-3, GTMUD-MXD PUDA-PL20180003658; Courthouse Shadows Page 3 of 20 Revised: August 28, 2019 Aerial Map (County G GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property, consisting of X20.35 acres, is located south and west of Tamiami Trail East (US 41), north of Haldeman Creek and Collee Court, and east of Peters Avenue, in Sections 11, 12 & 13, Township 50 South, Range 25 East. The Growth Management Plan Consistency is included as Attachment C. COMPREHENSIVE PLANNING COMMENTS: The Courthouse Shadows PUD Amendment petition is contingent upon approval of the companion GMPA petition PL20180003659/CPSS- 2019-1. The subject property is currently designated Urban Commercial District, Mixed Use Activity Center (MUAC) Subdistrict (and is also considered within the Urban Coastal Fringe Subdistrict for purposes of calculating eligible density), as identified on the Future Land Use Map (FLUM) and map series within the GMP. The data and analysis required by the FLUE for consideration of a rezone petition within an Activity Center are specified in the Factors to Consider During Review of a Rezone Petition provisions of the Mixed -Use Activity Center Subdistrict. These factors are PUDA-PL20180003658; Courthouse Shadows Page 4 of 20 Revised: August 28, 2019 more relevant to a rezone request to a commercial zoning district, and some factors are addressed in other policies, e.g., interconnections, compatibility. Therefore, it is staff's opinion that these factors do not need to be addressed for this petition to add residential use to an existing commercial PUD. The property also lies within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) and Coastal High Hazard Area Overlay (CHHA). The B/GTRO encourages development and redevelopment. One means of doing so is through a density bonus incentive. The prior zoning of the Botanical Gardens PUD site would have allowed 388 dwelling units. Those [unused] units were placed into a density pool that may be allocated by the Board of County Commissioners on a project by project basis, either for a mixed-use project or a residential -only project. The subject petition relies upon this density pool, in part, to achieve the requested density of 14.74 DU/A (300 DUs). The B/GTRO provisions for residential -only projects and for density calculations are provided below, with staff analysis following [bracketed in bold]. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport -Pulling Road (west side only) or US 41 East, may be allowed to redevelop as a residential -only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units, 25% of the 388 total density pool units available. [The subject site has frontage on US 41 East; this petition proposes a density <8 DU/A (7.77) requesting the use of 97 units from the bonus pool.] The 97 -unit cap will terminate when the BCC adopts, by LDC Amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the redevelopment must comply with the following: a. Project shall be in the form of a PUD. [The project is in the form of a PUD, and the subject request is for a PUD amendment.] b. Project site shall be a minimum of three acres. [The subject site comprises ±18.8 of the 20.35 overall acres.] c. Project shall constitute redevelopment of the site. [The site was previously developed with commercial uses only. This amendment will allow redevelopment of the site with mixed residential and commercial uses.] d. All residential units shall be market -rate units. [The project will be developed with market - rate units.] 9. For density bonuses provided for in paragraphs #4 and 95 above, base density shall be per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. [The current underlying (Courthouse Shadows PUD) zoning lacks a residential component. This amendment introduces a residential component, and the site will yield 75 DUs (4 DU/A x 18.8 acres). Within this area is the 10 -acre residential (sub)component (subject of companion GMPA) that will yield 128 DUs (12.8 DU/A x 10 acres). Combined, this yields 203 DUs. This petition's proposed 300 DUs total (14.74 DU/A) less the eligible density of 203 DUs yields a request for 97 DUs from the density bonus pool.] PUDA-PL20180003658; Courthouse Shadows Page 5 of 20 Revised: August 28, 2019 FLUE Provision Density GMP Amendment 12.8 DU/A X 10 acs. = 128 DUs Mixed Use Activity Center density 4 DU/A x 18.8 acs. within PUD proposed for mixed use = 75 DUs Bays h o re/Gateway Triangle Redevelopment Overlay density bonus pool 97 DUs SUM 300 DUs This petition relies, in large part, on a companion Small -Scale GMPA to FLUM Inset Map (MVAC 416) to achieve density consistency. That amendment [ref. PL180003659/CPSS-2019-1] depicts an area of ten (10) acres within Activity Center #16 to coincide with the residential component of Courthouse Shadows PUD, as also depicted on this Mixed -Use Option Master Plan. CONCLUSION: Based upon the above analysis, this proposed PUDA may not be deemed consistent with the FLUE. However, the petition may be deemed consistent if and when the companion small-scale GMPA petition (PL20180003659/CPSS-2019-1) is adopted and goes into effect. The PUD Ordinance needs to provide for the effective date consistent with the effective date of the companion small- scale GMP Amendment petition. Stipulations: 1. This petition may only be deemed consistent with the FLUE if the companion small-scale GMP amendment petition (PL20180003659/CPSS-2019-1) is adopted and goes into effect. 2. The PUDA Ordinance needs to provide for an effective date to be linked to the effective date of the companion small-scale GMP amendment petition. 3. The PUDA Ordinance needs to provide a Planning Commitment stating, to the effect, "A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. Transportation Element: In evaluating this project, staff reviewed the applicant's April 22, 2019, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the applicable 2018 Annual Update and Inventory Reports (AUIR). PUDA-PL20180003658; Courthouse Shadows Page 6 of 20 Revised: August 28, 2019 Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current A UIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (road�i)ay segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume,- b. olume;b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant zip to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed option to construct up to 300 multi -family dwelling units and 65,000 square feet of retail -office uses will generate a projected total of +/- 453 PM peak hour, 2 -way trips on the adjacent roadway segments of Tamiami (US 41) Trail East and Airport -Pulling Road (CR 31). The current PUD is approved for 165,000 square feet of retail -office uses which according to the TIS provided generates +/- 662 PM peak hour, 2 -way trips on the same adjacent roadway segments. The proposed amendment represents a potential reduction in the number of trips of +/- (-209) PM peak hour, 2 -way trips. Therefore, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Staff notes that the proposed development is located within the South 41 Transportation Concurrency Exception Area (TCEA) which allows exemptions from concurrency requirements so long as impacts to the transportation system are mitigated consistent with GMP Policy 5.4. The proposed development is not requesting this exemption and not proposing TCEA mitigation measures at this time. Conservation and Coastal Management Element (CCME): Environmental Review: Enviromnental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). Native vegetation required to be retained PUDA-PL20180003658; Courthouse Shadows Page 7 of 20 Revised: August 28, 2019 for the PUD was identified on the Site Development Plan (SDP) Courthouse Shadows (SDP -98- 75). The native vegetation shown to be retained on the SDP represents the minimum native vegetation retention (preserve) requirement for the PUD pursuant to CCME Policy 6.1.1. Emergency Services Revieiv. The County's Growth Management Plan within the Conservation and Coastal Management Element provides for Policy 12.1.13, which states, "The County shall continue to mitigate previously identified shelter deficiencies through mitigation from Developments of Regional Impact, Emergency Management Preparedness and Enhancement grants, Hazard Mitigation and Pre -disaster Mitigation Grant Programs funding, and available funds identified in the State's annual shelter deficit studies." Collier County will experience a hardship in managing hurricane evacuation shelter census from this development. Emergency Management proposes the developer provide hurricane evacuation shelter supplies and equipment as a one-time developer hurricane mitigation contribution. The contribution of supplies and equipment is based upon our experience and levels set for previous PUD's and DRI's with the following calculations: 25% of the residents would likely seek local shelter in our General Population setting. Three hundred (300) residences are proposed for the development generating a shelter census at two resident's per household, thereby requiring 150 general purpose cots needed for the evacuation shelter. These items, within specifications provided by Collier County Emergency Management, can be purchased open -source by the developer and provided Free on Board (FOB) to Collier County E.M. Estimated total cost is $8,400. We would request this commitment item be fulfilled by the first residential certificate of occupancy. 4% of the residents would likely seek local shelter in our Functional and Special Need's population shelter that provide enhanced basic medical care and electrical dependency assistance. Three hundred (300) residences are proposed for the development generating a Special Need's shelter census at two resident's per household, thereby requiring 24 special medical cots which are needed to serve those clients for the basic medical shelter operations. These items within specifications provided by Collier County Emergency Management can be purchased open -source by the developer and provided FOB to Collier County E.M. Estimated total cost is approximately $2,900. We would request this commitment item be fulfilled by the (100) one-hundredth certificate of occupancy or earlier. We require one 45KW towable generator for every 250 shelter evacuees to provide essential emergency power such as emergency lighting, refrigeration for medication, communication resources, medical devices, and convenience power. Since the 250 -person evacuee threshold has not been met, the generator contribution will not be required. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the "PUD Findings"), and Section PUDA-PL20180003658; Courthouse Shadows Page 8 of 20 Revised: August 28, 2019 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. Site Development Plan (SDP) amendment for the Office Max at Courthouse Shadows (SDP -98-75) show existing native vegetation in the southwest portion of the shopping center to be retained. This area, excluding the portion within the drainage easement recorded in OR Book 1339 Page 1670, is the minimum native vegetation retention (preserve) requirement for the PUD. The listed species survey revealed one gopher tortoise (Gopherus polyphemus) burrow was observed onsite. The burrow is located on the southwest edge of the project. A gopher tortoise relocation permit will need to be obtained from the Florida Wildlife Conservation Commission (FWCC) prior to approval of the first development order. Landscape Review: The applicant is requesting three landscape deviations as part of this application. These deviations pertain to the buffer required along primary roads through commercial developments. See deviation discussion below. The remaining buffers as labeled on the Master Plan meet LDC requirements or were approved as deviations through the previous PUD application. School District: At this time there is existing or planned capacity within the next 5 years for the purposed development at the elementary, middle and high school levels. At the time of site plan or plat the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or adjacent concurrency service areas. Transportation Reviely: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the City of Naples potable water service area and the south wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are readily available via existing infrastructure on-site and within adjacent rights-of-way, and sufficient water and wastewater treatment capacities are available. Downstream wastewater system capacity must be confirmed at the time of development permit (SDP or PPL) review and will be discussed at a mandatory pre -submittal conference with representatives from the Public Utilities Engineering and Project Management Division and the Growth Management Development Review Division. As stated in subsection 3.3 of the PUD Document, any improvements to the Collier County Water -Sewer District's wastewater collection/transmission system necessary to provide sufficient capacity to serve the project will be the responsibility of the PUDA-PL20180003658; Courthouse Shadows Page 9 of 20 Revised: August 28, 2019 owner/developer and will be conveyed to the Collier County Water -Sewer District at no cost to the County at the time of utilities acceptance. In the Adequate Public Facilities Letter dated February 13, 2019, the City of Naples has stated likewise concerning water distribution system improvements necessary to serve this project. Zoning Services Review: The most significant change proposed to the Courthouse Shadows PUD is allowing a mixed-use residential option to add up to 300 multiple -family. The proposed option for market -rate apartments will increase the intensity of the use. However, multiple -family units that are proximate to mass transit stations could mitigate potential traffic impacts as some residents may choose transit options versus automobile travel. The addition of multiple -family units could increase the utilization of nearby restaurants and services as well. With respect to accessory uses, the applicant has added open space uses, such as boardwalks, nature trails, gazebos, and picnic areas. With respect to development standards, the minimum floor area per unit is acceptable at 700 sf. The maximum building height is 65 feet zoned and 70 feet actual, which is acceptable. The setbacks are listed as 140 feet from Tamiami Trail, 70 feet from Peters Avenue, 50 feet from Collee Court and 20 feet from all other PUD boundaries. The proposed setbacks are acceptable. Regarding traffic intensity, the trip count has not changed and is limited to 662 new PM peak hour trips, but the applicant has a maximum area for commercial development at 165,000 square feet. The applicant has proposed new Development Commitments for residential. They will construct residential buildings following the Bayshore/Gateway Triangle Overlay provisions of the LDC. The applicant is requesting several deviations, and they are detailed in the Deviation Discussion section of the report. PUD FindinLys: LDC Section 10.02.13.13.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": (Zoning Division staff responses in non -bold) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states that the PUD already receives potable water and wastewater services from the City of Naples and the CCWSD respectively, and there is adequate treatment capacity available to future development as proposed by this petition. PUDA-PL20180003658; Courthouse Shadows Page 10 of 20 Revised: August 28, 2019 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney's Office and demonstrate unified control of the portions of the Courthouse Shadows PUD that are proposed for change. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the GMP. They have found the proposed amendment to be consistent with the GMP if the GMPA small scale amendment is approved and subject to stipulations here: 1. This petition may only be deemed consistent with the FLUE if the companion small- scale GMP amendment petition (PL20180003659/CPSS-2019-1) is adopted and goes into effect. 2. The PUDA Ordinance needs to provide for an effective date to be linked to the effective date of the companion small-scale GMP amendment petition. 3. The PUDA Ordinance needs to provide a Planning Commitment stating, to the effect, "A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed changes to the PUD Document do not affect the landscaping standards of the originally approved PUD. Additionally, the Development Review Division has reviewed the proposed amendment and finds it consistent with the LDC provisions. Landscape Review Staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with approved standards would be demonstrated at the time of SDP. PUDA-PL20180003658; Courthouse Shadows Page 11 of 20 Revised: August 28, 2019 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to, plat plans or site development plans. The Public Utilities Division further states the City of Naples and the CCWSD have sufficient treatment capacity for potable water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. The Transportation Division further states that the roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. 7. The ability of the subject property and of surrounding areas to accommodate expansion. There is adequate supporting infrastructure to accommodate this project, including Collier County Water -Sewer District potable water and wastewater mains. Section 5.1 Purpose, of the PUD Document, proposes to amend the document to convey necessary County Utility Easements (CUE) to the Water and Sewer District for future water/sewer interconnections with adjacent properties that may be necessary. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area has adequate supporting infrastructure for City of Naples potable water and Collier County sewer. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Proposed future development for the Courthouse Shadows PUD is required to comply with the LDC and any other applicable codes. The applicant is seeking several deviations for the proposed PUD amendment. Please see the Deviation Discussion section in this report for the requested deviations and justifications. Rezone Findings: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners... shall show that the Planning Commission has studied and considered the proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: (Zoning Division staff responses in non -bold): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. PUDA-PL20180003658; Courthouse Shadows Page 12 of 20 Revised: August 28, 2019 Comprehensive Planning staff has determined that if the small scale GMPA is adopted, the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed residential uses will change the existing land use patterns in the area, but the proposed multiple -family units will not negatively affect the surrounding land -use patterns. Fallow underutilized commercial space is less than productive land use. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned PUD and would remain that way. It would not be an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The application does not include boundary changes to the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request; however, that complies with the provisions of the LDC as the applicant seeks changes to the PUD. The changes include proposed residential uses and the option to maintain a commercial component for the property. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed amendment will not adversely affect living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. PUDA-PL20180003658; Courthouse Shadows Page 13 of 20 Revised: August 28, 2019 8. Whether the proposed change will create a drainage problem. It is not anticipated that the PUD Amendment request will create drainage problems in the area. Stormwater best management practices, treatment, and storage for this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Amendment for Courthouse Shadows is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Nearly all the immediately adjacent property is already developed. The addition of multiple -family dwelling units to the Courthouse Shadows site is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed PUD Amendment complies with the GMP and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the Courthouse Shadows PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is that the proposed multiple -family use combined with commercial uses and stipulations and conditions previously mentioned, is not out of scale with the needs of the community. PUDA-PL20180003658; Courthouse Shadows Page 14 of 20 Revised: August 28, 2019 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP and the LDC. The Zoning Division staff does not review other sites related to a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Besides leasing of the existing space at the site, either the commercial option or the multiple -family option would require substantial site alteration. New construction would be required. The development standards would be applied during the SDP and plat process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP as part of the amendment process, and if the small scale GMPA is approved, then they find it to be consistent. The concurrency review for APF is determined at the time of SDP review. The Public Utilities Division further states that the activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. DEVIATION DISCUSSION: The petitioner is seeking two revised deviations and five new devisions from the requirements of the LDC. The petitioner's rationale and staff analysis/recommendation are outlined below. The applicant included graphics to support the justification statements. The Deviation Justification graphics are included as Attachment D. Deviation 92 seeks relief from Section 4.06.02, Table 2.4 of the LDC, which allows buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing 7.5 feet a shafed 15' !a-ndseape buff-ef to be provided between platted building lots witeach ac a1,,A4;,- g Y„•,,pefty ee ftt,.ibuting 7.5 feet, to permit a single 8 -foot wide average internal landscape buffer between separately ow -fled le platted tracts as shown on the Conceptual Master Plan with each property contributing 4 feet. This deviation applies to the Outlot parcels as shown on the Master Plan. PUDA-PL20180003658; Courthouse Shadows Page 15 of 20 Revised: August 28, 2019 Petitioner's Justification: The existing conditions are such that the landscape buffers do not exist between the parent tract and outparcels. The redevelopmentplan for° this PUD is to provide the buffers on the opposite side of the drive aisle from the outparcels. This area provides an average of at least an 8' wide planting area and is even greater in some areas, which is an adequate width to permit landscape plantings. Staff Analysis and Recommendation: The deviation is reasonable and justifiable and has been reviewed by the County Landscape Architect, staff sees no detrimental effect if this deviation request is approved. 6. WITHDRAWN Deviation 97 seeks relief from LDC Section 5.06.04.F.3 Feg rding d reetefy signs to allow the ting difeetoi-y signs- ith, which permits on -premise directory signs for multi -occupancy parcels with a minimum of 8 independent units containing 20,000 square feet of leasable floor area to allow the existing directory signs to be utilized to identify the residential component of the mixed-use PUD and to have fewer than 8 tenants identified on the signage pais and at the existing height of 25' to remain. Petitioner's Justification: This deviation is justified as the LDC signage standards do not contain standards for signage where a PUD is developed as a mixed-use project. The applicant would utilize existing sign structures to add residential identification in addition to commercial uses, which have existing use rights to the signage that was rebuilt in 2018 following damage occurring due to Hurricane Irma. The deviation provides for a logical use of the existing signage wherein the Code is otherwise silent on signage for mixed-use. Staff Analysis and Recommendation: The deviation is reasonable and justifiable, staff sees no detrimental effect if this deviation request is approved. 8. WITHDRAWN 10. WITHDRAWN Deviation 911 seeks relief from LDC Section 4.06.02.C.4., which requires a 10' -wide Type "D" buffer for commercial development adjacent to primary access roads internal to a commercial development to instead allow no buffers on the commercial outparcels adjacent to the internal access road. Petitioner's Justification: The applicant is not proposing changes to the existing commercial outparcels that front US -41 with this request. The existing commercial outparcels are platted lots in which many of the outparcels have existing buildings. For reference, the commercial outparcels are highlighted in yellow, the primary access road is highlighted in blue, and the redevelopment area is highlighted in green in the "Deviation 11 Exhibit" located on the following page. The purpose of this request PUDA-PL20180003658; Courthouse Shadows Page 16 of 20 Revised: August 28, 2019 is that the existing commercial outparcels that front US -41 could be subject to providing a 10' - Type "D" buffer on thein property in the event that they redevelop or modify their site plans. This places an unfair burden on the commercial outparcels that have existing buildings and improvements on their properties. The existing improvements extend up to the primary access road leaving no room for an additional 10' -wide buffer without major impacts. The applicant requests that the existing commercial outparcels shall not be subject to providing a landscape buffer on their properties where adjacent to the primary access road. Since this request is internal to the Mixed -Use planned development, there are no negative impacts anticipated. Please reference the "Deviation 11 Exhibit" on the following page for more detail on the request. Staff Analysis and Recommendation: The deviation is reasonable and justifiable, staff sees no detrimental effect if this deviation request is approved. The Landscape Review Division further recommends approval, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element may be waived without detrimental effect on the health, safety, and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 912 seeks relief from LDC Section 4.06.02.C.4., which requires a 10' -wide Type "D" buffer for commercial development adjacent to primary access roads internal to a commercial development to instead allow a 5' -wide Type "D" buffer on the property located on the south side of the primary access road. Petitioner's Justification: The applicant is proposing to redevelop the existing parent tract of the Courthouse Shadows Planned Unit Development either into new commercial or multi family residential. The redevelopment is proposed fog° the property located south of the existingp°imary access road. Both redevelopment options propose to retain the primary access road. The commercial redevelopment option would plan to also retain the existing parking configuration on the south side of the access road. The existing parking configuration includes parking lot drive aisles that intersect with the existing access road only leaving roomfor a terminal landscape island in the parking area. These existing terminal landscape islands vary in width and are 5' wide on average. As previously mentioned, the multi family residential option proposes to retain the existing access road and also add perpendicular parking spaces and a pedestrian sidewalk on the south side of the access road. The intent of retaining the access road is to integrate the residential community with the existing commercial outparcels to create a cohesive community. The code required 10' -wide Type "D " buffer between the existing access road and multi family residential pushes the residential further away fi°om the commercial and would work against the intent to have an integrated, cohesive community. Therefore, the applicant requests to reduce this buffer from 10' -wide to a minimum of a 5' -wide on the property to the south of the primary access road. The location of the requested deviation is internal to the Courthouse Shadows mixed-use development, and no negative impacts are anticipated as a result of this request. Please reference the "Deviation 12 Exhibit" on the following pages which better illustrates the request. PUDA-PL20180003658; Courthouse Shadows Page 17 of 20 Revised: August 28, 2019 Staff Analysis and Recommendation: The deviation is reasonable and justifiable, staff sees no detrimental effect if this deviation request is approved. The Landscape Review Division further recommends approval, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element may be waived without detrimental effect on the health, safety, and welfare of the community" and LDC section 10.02.133.51 the petitioner as demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 413 seeks relief from LDC Section 4.06.02.C.4, which requires that Type "D" buffers be located adjacent to any primary access roads internal to a commercial development to instead allow the buffer to be placed a maximum of 25' from the south side of the primary access road. Petitioner's Justification: The applicant is proposing a multi family residential redevelopment option on the property located on the south side of the existing access road. The multi family redevelopment option seeks to provide perpendicular parking spaces placed directly on the south side of the existing access road that would be accessible by any vehicle utilizing the access road and patrons of the commercial outparcels and residents of the community. The additional parking would be placed perpendicular to the existing access road, and a pedestrian sidewalk would be placed along the back of the parking spaces. Standard parking spaces are 18' -deep and pedestrian sidewalks are typically 5' - wide for a total distance of 23'. Please reference the "Deviation 13 Exhibit" for more detail on the request. Code requires that the Type "D' buffer be placed adjacent to the access road; however, with the proposed parking and sidewalk this is not attainable. Therefore, the applicant is requesting that the Type "D" buffer be allowed to be placed a maximum of 25' from the edge of pavement of the existing access road which is the 23' as mentioned above plus an extra 2' to allow some flexibility with the sidewalk width. This request is being made in order to provide additional parking areas for the commercial outparcels along with a pedestrian sidewalk internal to the PUD. There are no negative impacts anticipated as a result of this request. Staff Analysis and Recommendation: The deviation is reasonable and justifiable, staff sees no detrimental effect if this deviation request is approved. The Landscape Review Division further recommends approval, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element may be waived without detrimental effect on the health, safety, and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation 414 seeks relief from LDC Section 4.02.16.A.1, Design Standard in the Bayshore Gateway Triangle Redevelopment area, which requires dimensional standards as shown in Table 1, Dimensional Requirements in the BMUD-NC, to allow the multi -family residential portion of the PUD to establish their own residential development types and dimensional standards as set forth in this PUD. Petitioner's Justification: The applicant is proposing specific dimensional standards for the development within this planned unit development request. Therefore, LDC Section 4.02.16.A.1. shall not apply. PUDA-PL20180003658; Courthouse Shadows Page 18 of 20 Revised: August 28, 2019 Staff Analysis and Recommendation: The deviation is not reasonable and justifiable and should not be granted. Staff finds detrimental effects result if this deviation request is approved. Specifically, the Bayshore Gateway Redevelopment Standards will be ignored. Deviation 915 seeks relief from LDC Section 4.05.04.G Table 17, Parking Space Requirements — Multi -family Dwellings, which allows parking to be provided at 50 percent of normal requirements, exclusive of golf courses/clubhouse, to instead allow the 50 percent reduction of normal requirements for golf courses/ clubhouse uses. Petitioner's Justification: The applicant is proposing a multi family redevelopment option for the parentproperty located in the Courthouse Shadows PUD. The multi -Jam ily project would include a private clubhousefor the residents to use on the property. Due to confusion on parking requirements for Multi family clubhouses a Staff Clarification was issued under SC 2005-02. In SC 2005-02, Multi family Dwellings are required to calculate their clubhouse parking per the requirements of LDC Section 4.05.04 Table 17 fog° "Golf Course. " It was also determined in SC 2005-02 that Multi family clubhouses were not allowed to take a 50 percent reduction from the parking requirements for clubhouses that is a reduction granted for other recreational facilities within Multi family communities. The Project is located within the Bayshore/Gateway Redevelopment Overlay, which was established to provide incentives to encourage private sector investment into the urban area. Additionally, the multi family redevelopment project has been designed to provide pedestrian interconnectivity behveen the commercial and residential uses along with additional parking areas along the access road. The requested parking deviation is consistent with redevelopment projects and with other residential projects that have private clubhouses. The applicant wishes to provide parking for the residential option at the following standards: Staff Analysis and Recommendation: The deviation is not reasonable and justifiable, the standards of the LDC should be upheld, and compliance should be met. Multi -family Parking Ratio Use Parking Ratio 1 -Bedroom 1.0/ Dwelling Unit 2 -Bedroom 1.5/ Dwelling Unit 3 -Bedroom 2.0/ Dwelling Unit Clubhouse (Including office space, leasing offices, common areas, lounges, exercise and fitness rooms, etc.) 1.0/ 400 SF Pool Area 1.0/ 200 SF Surface Area of the Pool Canal Amenity/ Boat Dock (Marina) 1.0/ 4 wet slips plus 1.0/ 10 dry boat storage spaces PUDA-PL20180003658; Courthouse Shadows Page 19 of 20 Revised: August 28, 2019 CRA MEETING SUMMARY: The Bayshore CRA held a special meeting on August 5, 2019, to review the Courthouse Shadows project. The minutes of the CRA meeting are included here as Attachment E. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on Tuesday, May 7, 2019, 6:00 pm at the Bayshore Gateway Triangle CRA Advisory Board Meeting, Naples Botanical Garden Buehler Auditorium, 4820 Bayshore Drive, Naples, Florida 34112. For further information, please see the NIM Summary, included in the backup materials Attachment E. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require the Environmental Advisory Council (EAC) review as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on September 3, 2019. RECOMMENDATION: Zoning Division staff recommends the CCPC forward petition PUDA-PL20180003658 Courthouse Shadows PUDA (CPDD/MPUD) to the Board of County Commissioners with a recommendation of approval, subject to the stipulations listed: 1 Deviation number 15 is not approved. 2 This petition may only be deemed consistent with the FLUE if the companion small-scale GMP amendment petition (PL20180003659/CPSS-2019-1) is adopted and goes into effect. 3 The PUDA Ordinance needs to provide for an effective date to be linked to the effective date of the companion small-scale GMP amendment petition. 4 The PUDA Ordinance needs to provide a Planning Commitment stating, to the effect, "A maximum of ninety-seven (97) density bonus pool units, as provided by the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven (7) years from the date of approval of this PUDA. If, after seven (7) years, any of the bonus units have not been utilized, the bonus units shall expire and not be available unless authorized by the Board of Zoning Appeals. Attachments: A) Proposed PUD Ordinance 081319 (strikethrough) B) Proposed Master Plan C) FLUE Consistency Review D) Deviation Justification graphics document E) CRA Minutes 8-5-19 F) Back up material PUDA-PL20180003658; Courthouse Shadows Page 20 of 20 Revised: August 28, 2019 PREPARED BY: 6-30. C. JA S A O, AICP, PRINCIPAL PLANNER DATE ZON DIVISION - ZONING SERVICES SECTION REVIEWED BY: RAYMO V. BELLOWS, ZONING MANAGER DATE ZONING 151VISION -ZONING SERVICES SECTION APPROVED BY: -Aft- /I- --#6� fla // f v. AMLS FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT