Final Staff Rept Allura 7.9.19TO:
FROM:
HEARING DATE: JULY 18,2019
SUBJECT:
STAFF REPORT
COLLIER COUNTY PLANNING COMMIS SION
ZONING DIVISION _ ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
PUDR.PL2OI 70004385 ALLURA PUD
COMPANION GMPT/GMPA, PL2O 1 7 -OOO44I9ICP-20 1 8- 1
PROPERTY OWNERS/APPLICANT/AGENT :
Owner:
SD Livingston, LLC.
239 Professional Circle #l0l
Naples, FL 34119
Applicant:
Robert J. Mulhere, FAICP, V.P.
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Agent:
Robert J. Mulhere, FAICP, V.P.
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Richard Yovanovich, Esq.
Coleman, Yovanovich, Koester
4001 Tamiami Trail N. suite 300
Naples, FL 34103
REOUESTED ACTION:
The applicant is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone the property from PUD Della Rosa and Agricultural zoning district to
Planned Unit Development (PUD) Allura zoning district. The property consists of several parcels.
There is a companion large scale GMPA for 35.57 acres related to this request. The total acreage
for the PUD rezoning request is 35.92.
GEOGRAPHIC LOCATION:
The subject property is located at the southeast corner of Livingston Road and Veterans Memorial
Parkway in Section 13, Township 48 South, Range 25 East, Collier County (see location map,
page 2). The proposed Master Plan is included in the PUD Ordinance, Attachment A.
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P UDZ-P L2O1 7 OOO4385; Allura PU D
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PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting to rezone 35.92 acres to allow multiple-family residential dwellings in
a PUD. The rezoning proposal includes part of an existing PUD (Della Rossa), which is 15.38
acres. The remainrng2}.54 acres of land is zoned A-Agricultural. The name of the proposed PUD
is Allura. The base density is 4.0 Dfu per acre, and there is a companion GMP Amendment to
allow a proposed density of 8.46 DAJ per acre.
The existing Della Rosa PUD was approvedin2}}T with a density of 7.0 Dfu per acre (107 units)
and consists of 6 parcels at the southern portion of the proposed site. Della Rosa was approved
with a base density of 62 units and 45 additional units using TDR credits for the extra units. The
entire site is within the Urban Residential Subdistrict. The applicant states that the existing
agricultural zoning is generally considered a "holding" land use designation until an appropriate
development scenario is determined. The proposed site does have access to central water and
sewer, as well as other public utility services.
The applicant has stated that the proposed multiple-family development will include market-rate
apartment units with one, two, and three bedrooms. They have neither proposed, nor are they
seeking affordable housing density bonus units.
The surrounding PUD projects with approved acreage, dwellings units and densities are listed here:
Mediterra - 1,168 acres - 750 units - 0.56 DU/A
Brandon - 51 .10 acres - 204 units - 3.99 DU/A
Sandalwood - 20.58 acres - 60 units - 3.1 DU/A
RMC-Enclave - 40.55 acres - 162 units - 4.02 DUiA
Royal Palm International Academy - 178 acres - 600 units -3.37 DU/A
Marislea Villas - 10.25 acres - 27 uruts -2.63 DU/A
Della Rosa - 15.38 acres - 107 units - 7 .0 DUIA
Agricultural - +10 acres - vacant - 0.2DUlA
Allura -35.92 acres - 304 units - 8.46 DU/A
A density map of the surrounding PUD projects and the respective densities for each project has
been included as Attachment B.
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SURROUNDING LAND USE AND ZONING:
North:
South:
East:
West:
Residential single-family, zoned Meditena PUD
Residential single-family & Fire Station, zoned Agriculture-CU, Brandon PUD
Residential single-family, zoned Brandon PUD
Vacant undeveloped, zoned Agricultural
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The Allura PUD rezone petition is contingent upon approval of the companion Growth Management Plan
Amendment (GMPA) petition PL201700044191CP-2018-1. The GMPA will establish the Livingston
Road/Veterans Memorial Boulevard East Residential Subdistrict, and was approved on March 26,2019 for
Transmittal by the Board of County Commissioners with the following Subdistrict language (in part),
followed by staffanalysis in brackets:
Development in this Subdistrict shall be subject to the following:
a. The Subdistrict site shall be rezoned to Residential Planned Unit Development (RPUD).
[This petition is for a PUD.]
b. Allowable uses are limited to multi-family rental dwellings and shall not exceed 304 units
of market rate housing. [The PUD restricts dwellings to multi-family rental units and a
maximum of 304 units.l
c. The RPUD shall demonstrate consistency with FLUE Policy 6.1 by providing two or more
of the following:
a. A transit shelter within the RPUD in a location and design approved by Collier County
Public Transit & Neighborhood Enhancement (PTNE) Division;
b. Bicycle and pedestrian facilities, with connection to the abutting commercial property
to the west; and,
c. Vehicular interconnection to the abutting commercial property to the west.
Certificates of occupancy shall not be approved for more than 249 multi-family units (a
density of 7.0 units per acre) until the applicable facilities and/or interconnections, as
described above and approved as Development Commitments in the RPUD, have been
completed.
These provisions, by Resolution 2019-54, were transmitted to the Florida Department of Economic
Opportunity and the review agencies in accordance with Chapter 163.3184(3), Florida Statutes.
REVIEW OF PUD and PUD-RELATED DOCUMENTS:
The Allura Residential Planned Unit Development (PUD) Rezone captures the necessary
Subdistrict provisions as Development Commitments. However, Transportation Commitment 3.C.
commits, "a transit shelter shall be provided by the Developer in a location and design approved
by Collier County Public Transit & Neighborhood Enhancement (PTNE) Department. The shelter
shall be installed prior to the issuance of a Certificate of Occupancy for residential use or by a later
time certain if acceptable to PTNE Department." Staff points out that such a commitment does
not insure a transit shelter will be provided.
The subject property is not known to be located on a current or planned transit route. and the ability
to provide a transit shelter that would fulfill the requirements of TDM strategies does not appear
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to be an effective proposal. PTNE personnel commented how an upcoming long-range planning
process will be updating transit routing in this area, which may include this north-south route.
While public transit is of general benefit, it cannot be determined whether a transit shelter would
be approved without an analysis provided from the developer.
If left written as proposed, Transportation Commitment 3.C. would not qualify as a TDM strategy
commitment for purposes of the policy to qualiff for a density bonus.
Relevant FLUE objectives and policies are stated below, followed by staff remarks.
Future Land Use Element (FLUE) Policy 5.6 requires new development to be compatible with,
and complementary to, surrounding land uses, as set forth in the Land Development Code.
Comprehensive Planning reviewers leave this determination to the Zoning Services staff as
part of their review of the petition in its entirety. However, staff notes that in reviewing the
appropriateness of the requested uses/intensities on the subject property, the compatibitity
analysis is to be comprehensive and include a review of both the subject property and
surrounding or nearby properties with regard to allowed use intensities and densities,
development standards (building heights, setbacks, landscape buffers, etc.), building mass,
building location and orientation, architectural features, amount and type of open space and
location, traffic generation/attraction, and so forth.
The County recognizes Smart Growth policies and practices in its consideration of future land use
arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote
Smart Growth policies for new development and redevelopment projects pertaining to access,
interconnections, open space, and walkable communities. The Board of County Commissioners
held a workshop earlier in2019 to revisit these (and other) Smart Growth policies and practices,
which resulted with a renewed support for and re-emphasis on them. Each Policy is followed by
staffanalysis and comments [in bold italicized textJ.
Objective 7:
Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing
development character of Collier County, where applicable, and as follows:
Policy 7.1:
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. [The Allura Master Concept
Plan (unlabeled Exhibit C, updated to 4/29/2019), depicts a subject property that frontsLivingston Road (classiJied as a major urterial road) and Veterans Memorial Boulevard.
Veterans Memorial is an unclassified two-lane undivided roadway - where all traffic mav enter
and exit. The Master Concept Plan depicts connection to Veterans Memorial Boulevard with
its main point of "vehicular ingress/egress.' No connection is depicted to Livingston Road.
(Submittal I document, RPUD Evaluation Criteria, is outduted where it explains how this
[projectJ provides access to both roadways through an interconnected internal driveway
system-)J
Policy 7.2:
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The County shall encourage intemal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traflc signals. [The
"interconnected internal driveway syslem" are the traffc lanes that link together vehicular
parking lots, providing lenants with access lo the multi-family residential buildings. This
internal access, in combination wilh TDM mitigation strotegy commitments (discussed obove),
are offered to mandge congestion in this orea.l
Policy 7.3:
All new and existing developments shall be encouraged to connect their local streets and/or
interconnection points with adjoining neighborhoods or other developments regardless ofland use
type. The interconnection of local streets between developments is also addressed in Policy 9.3 of
the Transportation Element. [The property abuts Livingston Road (lo the wesl) and veterans
Memorial Boulevard (to the north). Application materials (Submi al I document, RPLID
Evaluotion Criteria) express a willingness to "accommodate intercohnection,, with the vacant
adjacent C-l zoned proper\) to the northwest. The Allura Master Concept Plan (unlabeled
Exhibit C, updated to 1/29/2019), depicts interconnection lwitl, a double-ended arrow, ltbeled
for "vehicular ingress/egress"J h,ilh this adjoining vdcant properq, @tong with an
accompanying note, indicating this "interconnection... may be relocated [southu,ardJ in the
everrt lhe adjacent AG parcel is rezoned to commercial."
These connections are part of the TDM strateg) commilments required by the Livingston
Road/Veterans Memorial Boulevard East Residential Subdistrict (discussed above), under the
Review of PUD and PUD-related Documents.
The Master Concept Plan does not depict conneclion with/lo the local streets and./or
interconnection points in adjoining neighborhoods or other developments to the east or south -where it does not appedrfeasible to interconnecl.J
Policy 7.4:
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces! civic facilities, and a range of housing prices and types. [Mth
respect to providing walkability, this Policy promotes development where it is safe and
convenient to walk and encourages pedeslrian dctivity. The Allura Masler Concepl Plan
(unlabeled Exhibit C, updated to 1/29/2019), does not depict the arrangement of apqrtment
buildings and parking structures, or the driveway and walkway network connecting them- The
Allura RPUD Document, (Exhibit A. updated to 6/18/2019), and Exhibit E, Development
Commitments, do not include/address sidewalk, walkway, or pathway - eitlrer internal or
fronting roadway - commitments. Exhibil E, Deviations, dnd otlrer submittal documents,
however, do not propose deviations from LDC requirements, with respect to sidewalks,
wdkways, or pathways, which the applicant provides as required per the LDC.
Exhibit A, the Allura RPUD Document (updated to 6/18/2019), Permitted lJses, describes
various active and passive recreational uses and facilities, including clubhouse/recreation
buildings.
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With respect to providing a blend of densities, this policy promotes projects that offir a range of
housing prices snd types. Submittal I document, RPUD Evaluution Criteria, explains how this
development will allow one- two- and three-bedroom market-rate apartments. Exhibit B,
Development and Design Standards (updated to 6/18/2019), Table l, Development Standards,
does not provide for separate minimum Jloor areas for the one-two- and three-bedroom
apartments. The single standard dwelline unit size proposed is 650-sq. ft. minimum floor area
for all apartment configurations. No other submittal documents appear to propose or require
that some combination of these different apartment styles and Jloor areas be provided. It is
assumed there will be a mk of unit sizes and number of bedrooms with associated dffirences
in rental prices.J
CONCLUSION:
Based upon the above analysis, this proposed PUDR ma), not be deemed consistent with the FLUE.
However, the petition may be deemed consistent if and when the companion GMP Amendment
(PL201700044191CP-2018-1) is adopted and goes into effect. The PUD Ordinance needs to
provide for the effective date consistent with the effective date of the companion GMP amendment
petition.
Stipulations:
1. This petition may only be deemed consistent with the FLUE if the companion 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 GMP amendment petition.
The Comprehensive Planning Consistency Review Memo has been included as Attachment C.
Transportation Element: In evaluating this project, staff reviewed the applicant's April 30,
2018, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of
the Growth Management Plan (GMP) using the then applicable 2017 Annual Update and Inventory
Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states:
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportotion system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
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has significant impacts if the trqffic impoct statement reveals thot any of the following
occur.'
a. For linlrs (roadway segments) directly accessed by the project where project trffic is
equal lo or exceeds 2oZ of the adopted LOS standard sertice volume;b. For linl<s adjacent to links directly accessed by the project where project trffic is equal
to or exceeds 2% of the adopted LOS standard service volume,. andc. For all other links the project trafic is considered to be significant up to the point where
it is equal to or exceeds 3'% of the adopted LOS standard service yolume.
Mitigoting stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the trffic impact statement that oddresses the project,s
significant impacts on all roadways. "
Staff finding: According to the TIS provided with this petition the proposed rezoning to allow a
maximum 304 multi-family residential units (residential condo/townhouse) will generate a
proj ected +l- 129 PM peak hour, two-way trips on the immediately adjacent roadway link,
Veterans Memorial Boulevard and Livingston Road. Veterans Memorial Boulevard is a two-1ane
facility and is not currently tracked for capacity in the AUIR. Livingston Road adjacent to this
proposed development is a six-lane divided facility, with a current service volume of 3,000 trips
and a remaining capacity of approximately 1,721 trips, and is currently operating at LOS ,,B,,,as
identified in the 2017 AUIR. Immokalee Road from Airport-Putling Road to Livingston Road is
a sixlane divided facility, with a cunent service volume of 3.100 trips and a remaining capacity
of approximately 305 trips and is currently operating at Los "D" with an expected deficiency in
2023. Immokalee Road from Livingston Road is a sixJane divided facility, with a current senyice
volume of 3,500 trips and a remaining capacity of approximately 1.011 trips and is currently
operating at LOS "C.' Therefore, the subject roadway links have sufficient capacity to
accommodate the project within the 5-year planning period. Staff notes that the development is
within the Northwest Transportation concurrency Management Area (TCMA), and this rezone
request has committed to using at least two Transportation Demand Management (TDM)
strategies.
Transportation Demand Management (TDM) strategies for residential developments area are as
follows:
a) Include neighborhood commercial uses within a residential project.
b) Providing tansit shelters within the development (shall be coordinated with Collier County
Transit).
c) Providing bicycle and pedestrian facilities with connections to adjacent comrnercial properties.
d) Vehicle access to adjacent commercial properties with shared commercial and residential
parking.
It is transportation staff s opinion that the first TDM strategy does not apply for the proposed
development because no commercial use is proposed within the proposed development. Staff will
be requiring a developer commitment for the TDM's, and the Developer Commitments for TDM's
have been included in the Transportation Section ofthe PUD.
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Additionally, Transportation Planning has provided a memo related to their Consistency Findings
for Planning Commission review. The Transportation Findings memo has been included as
Attachment D.
Conservation and Coastal Management Element (CCME):
Environmental review staff has found this project to be consistent with the Conservation & Coastal
Management Element (CCME). The project site consists of 33.49 acres of native vegetation. A
minimum of 8.37 acres (25oh) preserve is required, however, 15.07 acres of preserve and shall be
placed under preservation and dedicated to Collier County.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specihcally noted in LDC Section 10.02.13.B.5,
Planning Commission Recommendation (referred to as the "PUD Findings"), and Section
10.02.08.F, Nature of Requirements of Planning Commission Reporr (referred to as "Rezone
Findings"), which establish the legal basis to support the CCPC's recommendation.
Drainaqe: 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 concems. The PUD preserve requirement is 8.37 acres (25% of 33.49 acres). The
PUD Master Plan provides atotal of 15.07-acre preserve, which meets the minimum 25 percent
native preservation requirement in accordance with LDC 3.05.07.
No listed animal species were observed on the property; however, the property has suitable habitat
for various listed species. A potential nesting site for Big Cypress Fox Squirrel (Sciurus niger
avicennia) was observed in the north central portion of the site. Prior to the site clearing stage of
the proposed development, additional observations for Big Cypress Fox Squirrel nests will be
needed. The proposed project is located within the Federal Wildlife Service (FWS) consultation
area for Bonneted Bat (Eumops floridanus). Two cavity trees where observed onsite with the
potential to contain Bonneted Bat; however, no evidence was found indicating the trees were being
utilized. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates
the presence of Black Bear (Ursus americanus /loridanzs) in the area. A black bear management
plan will need to be included at PPL or SDP review. Additionally, Butterfly Orchid (Encyclia
tampensis) and Stiff-leafed wild-pine (Tillandsiafasciculala) listed as a less rare plants, have been
observed in the proposed preserve area on the subject property and shall be protected in accordance
with LDC 3.04.03.
finds this petition consistent with the GMP, and
Planning Commission (CCPC) forwards Petition
Transportation Reviev)'. Transportation staff
fuither recommends that the Collier County
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Allura PUDR-PL20170004385 to the Board of County Commissioners (BCC) with a
recommendation of approval. The Transportation Division also requires Developer Commitments
for Transportation Demand Management Strategies.
Landscape Review: The applicant is not proposing any deviations pertaining to landscape. The
buffers labeled on the Master Plan are consistent with LDC requirements. Staff visited the site to
evaluate the condition of the preserve. Based on the density of the existing plantings, the size of
the preserve, and the quantity of existing native vegetation within the preserve, it is staff s opinion
that the buffer requirements will be met by the preserve once exotics are removed and
supplemental planting if needed, is provided. The applicant is proposing an enhanced Type 'B'
buffer where abutting portions of the Barrington community to the East as shown on Exhibit C-1.
School District: At this time, there is existing or planned capacity within the next five years for
the purposed development at the elementary, middle, and high schools. 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.
Utilities Review: The project lies within the regional potable water service area and the north
wastewater service areas of the Collier County Water-Sewer District. Water and wastewater
services are readily available via existing infrastructure along the project's frontages on Livingston
Road and Veterans Memorial Boulevard. System capacity must be confirmed at the time of
development permit (SDP or PPL) review, and a commitment to provide service will be established
upon pennit approval.
Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to their
intensity and reviewed the proposed development standards for the project. The Zoning Division
also evaluated the location and orientation of the proposed multiple-family development project.
The project site area was increased from 15.38 acres to 35.92 acres. The project arca now fronts
along two roads Livingston and Veterans Memorial Parkway with ingress-egress proposed only
along Veterans Memorial Parkway. The proposed project area includes part of the previously
approved multiple-family PUD project, Della Rosa, which allowed a total of 107 dwelling units.
Initially, the applicant had proposed 420 multiple-family units for the Allura project. However,
during the Comprehensive Plan large scale amendment process, the total number of units was
reduced from 420 to 304 dwelling units. While 304 units is a large increase in density over the
approved Della Rosa PUD, it is a reasonable increase based on the increased land area that is
proposed. Additionally, during the GMPA process, the applicant originally proposed building the
principal structures with heights of 4-stories at 50 feet zoned height and 60 feet actual height. The
applicant, however, reduced the proposed principal structure heights to 3-stories at 40 feet zoned
height and 50 feet actual height. Again, the proposed principal structure heights are greater than
the surrounding residential home structures. However, the reduced number of stories and reduced
building height is more compatible with the surrounding residential neighborhoods than the
originally proposed higher structure heights.
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The intensity of the proposed residential project is reasonable related to the surrounding uses.
While the proposed multiple-family residential density, at8.46 DU/A, is significantly higher than
the surrounding densities, it is important to note that a single concentration of higher density within
a lower density area of development is an appropriate mix of density. The applicant has attempted
to address the higher density near the Brandon PUD along the east property boundary with an
alternate and enhanced buffer. The proposed alternate buffer is denser than is required by LDC
provisions. Specifically, the addition of l2-foot-tall fishtail palms spaced 10 feet on center
provides greater opacity.
Additionally, the applicant has proposed a larger setback for the residential single-family property
to the east at Brandon PUD. The eastern perimeter boundary setback is 125 feet. A similarly large
PUD setback for perimeter boundary was recently approved for the Baumgarten PUD at
Immokalee and Collier Boulevard (951). The PUD eastem and southern perimeter boundaries for
pools or dumpsters were set at 105 feet. Also, an additional 1-foot of setback is required for every
1-foot a building exceeds 50 feet.
With respect to the remainder of the Development Standards, the proposed standards are
appropriate based on the multiple-family residential use. As stated, an enhanced perimeter
boundary "altemative type B buffer" is proposed at the eastern boundary. The other perimeter
buffers are a standard type B buffer for the lake area and the Livingston and Veterans Memorial
buffers are type D buffers, which meet the provisions of the LDC.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan's compliance with the following criteria in addition to the
findings in LDC Section 10.02.08": (Zoning Division staff responses in non-bold).
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.
ZoningDivision staff has reviewed the proposed rezoning request and finds the uses, and
property development regulations are compatible with the development projects approved
in the area. The Public Utilities Division further states that water distribution/transmission
and wastewater transmission mains are readily available within the Livingston Road and
Veterans Memorial Boulevard rights-of-way, and there is adequate water and wastewater
treatment capacity to serve the proposed PUD.
Adequacy of evidence of unified control and suitabitity 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
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Page 12 of 17
-t.
and demonstrate unified confol.
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 ofthe GMP. They have lound the proposed amendment
to be consistent with the GMP, if stipulations related to transit shelter location, commercial
interconnectivity, and maximum certificates of occupancy, and if the companion
amendment is approved.
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 PUD Document buffering, and screening standards include altemative buffer
types. They have been reviewed and are acceptable.
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 ofSDP.
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 that Collier County has sufficient treatment capacity for water and
wastewater services to the project. Conveyance capacity must be confirmed at the time of
development permit application.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Most of the surrounding area has been developed. There is adequate supporting
infrastructure to accommodate this project, including Collier County Water-Sewer District
potable water and wastewater mains. 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, including adjacent
Collier County Water-Sewer District potable water and wastewater mains, to accommodate
this project.
8. Conformity with PUD regulations, oras to desirable modifications ofsuch 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.
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No deviations are proposed in the request to rezone to PUDR.
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 consistentwith the goals, objectives, and policies
of the Future Land Use Map (FLUM) and the elements of the GMP.
Comprehensive Planning staff has determined the petition is consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP, if stipulations related
to transit shelter location, commercial interconnectivity, and maximum certificates of
occupancy, and if the companion amendment is approved.
2. The existing land use pattern.
The existing land use pattem related to surrounding properties is described in the
Surrounding Land Use and Zoning sectron ofthis report. The proposed uses will not change
the existing land use patterns in the area.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is zoned Della Rosa PUD and Agricultural. The application is to rezone to
PUDR, which would not create an isolated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The existing district boundaries are logically drawn. The proposed PUDR boundaries are
logical and appropriate.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary. It is a request to rezone by the property owner.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
This criterion is not specifically applicable as the proposed change is not within a
neighborhood. The proposed change, ifapproved, changes vacant to improved land.
7. Whether the proposed change will create or excessively increase traffic congestion or
PUDZ-PL20170004385; Allura PU D
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8.
create fypes of traflic deemed incompatible with surrounding land uses, because of
peak yolumes or projected types of vehicular traffic, including activity during
construction phases ofthe development, or otherwise affect public safety.
The Transportation Division states that the roadway inflastructure 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.
Whether the proposed change will create a drainage problem.
It is not anticipated that the rezone request to PUDR will create drainage problems in the
area. Stormwater best management practices, treatment, and storage for this project will be
addressed through Bnvironmental Resource Permitting (ERP) with the South Florida Water
Management District (SFWMD). County environmental staif will evaluate the stormwater
management system and design criteria at the time of SDP or PPL.
Whether the proposed change will seriously reduce light and air to adjacent areas,
The proposed rezone to PUDR is not Iikely to reduce light or air to adjacent areas.
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. Generally, market conditions prevail.
Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Most ofthe adjacent property is already developed as residential use. The approval of the
rezone request from PUD-Agricultural to PUDR is not likely to deter development activity
of surrounding property.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If the proposed rezone to PUDR complies with the GMP (if companion amendment is
approved) 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.
Whether there are substantial reasons why the property cannot be used in accordance
9.
10.
11.
12.
13.
PUDZ-PL2O'170004385: Allura PUD
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with existing zoning.
The subject property can be used in accordance with existing zoning; however, the
applicant cannot use the property as they have proposed without rezoning to PUDR.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
The Zoning Division staff determination is the proposed uses are not out of scale with the
needs of the community.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The application was reviewed and found compliant with the GMP (if the companion
amendment is approved) 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.
Any development anticipated by the proposed rezone request to PUDR would require
significant site alteration. The site is vacant, and construction would be required. The
development standards would be applied during the SDP and plat process.
17. The impact of development on the availabilify 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. The concurrency review for
APF is determined at the time of SDP review. The activity proposed by this amendment
will have no adverse impact on public utilities facility adequacy. This petition has been
reviewed by Comprehensive Planning staff for consistency with the GMP as part of the
amendment process, and they find it to be consistent if the companion amendment
application is approved.
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 not seeking deviations from the requirements of the LDC.
PUDZ-PL2O170004385; Allura PU D
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Page '16 of 17
NEIGHBORHOOD INFORMATION MEETING NIM):
The applicant conducted a NIM on September 6, 2019,5:30 PM, at the Collier County Public
Library Headquarters Sugden Theater at 2385 Orange Blossom Naples, FL. For further
information, please see the NIM Summary information in the back-up material.
ENVIRONMENTAL ADVISORY COUNCIL (EAO RECOMMENDATION:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attomey's Office has reviewed this staff report for content and legal sufficiency.
RECOMMENDATION:
Zonrng Division staff recommends the CCPC forward petition PUDR-PL20170004385 Allura
PUDR to the Board of County Commissioners with a recommendation of approval, subject to
relocating Developer Commitment: 3.C. "Certificates of occupancy shall not be approved for more
than 249 multiple-family units until the applicable facilities and/or interconnections described
above have been completed" to Permitted Uses: 1.B. following subsection A., the maximum
number of permitted dwelling units.
Attachments:
A) Proposed Allura PUDR Ordinance
B) Density Map, Allura Surrounding Projects
C) FLUE Consistency Review
D) TransportationPlanningConsistencyFindings
P UDZ-PL20170004385 ; Al lura P U D
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Page 17 of 17
DATE
ON - ZONING SERVICES SECTION
REVIEWED BY:
.''n'zr'A
RAYMOND V. BELLOWS, ZONING MANAGER
ZONING DIVISION _ ZONING SERVICES SECTION
' /44
MICHAEL BOSI, AICP, DIRECTOR
ZONING DIVISION
APPROVED BY:
A-,+
FRENCH, DEPUTY DEPARTMENT HEAD
GROWTH MANAGEMENT DEPARTMENT
7-g - , q
DATE
7-q -r?
DATE
7 - 7- /7