HEX Final Decision 2021-04HEX NO. 2021-04
HEARING EXAMINER DECISION
DATE OF HEARING.
January 14, 2021
PETITION.
PETITION NO. CU PL20200001301 - CAT Radio Road Transfer Facility - Request to
amend an existing Conditional Use, Resolution No. 10-70, that authorized a Bus Transfer
Station as an Essential Services Government Facility pursuant to Land Development Code
Section 2.01.03.G.1.e, within the Gallman Olds PUD zoning District, by expanding the use to
allow the facility to act as a transfer station and transit hub for regional transportation
services, by removing condition 5 that permitted the transfer station use and provided fixed -
route restrictions, and by removing condition 6 that restricted bus trips, on a f10.04 acre
property located approximately 1,000 feet west of the intersection of Radio Road and Davis
Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida
GENERAL PURPOSE FOR THE PETITION.
The petitioner desires to remove existing PUD conditions and to expand the approved use by
allowing the CAT Radio Road Transfer Facility to act as a transit hub for regional bus services.
The proposed changes are to the operational characteristics of the facility only and not to the
physical site.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter
9 of the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with
all County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -
Judicial Public Hearing Waiver related to conducting the public hearing electronically and
in -person.
Page 1 of 3
5. The Petitioner and/or Petitioner's representative presented the Petition, followed by
County staff and then public comment.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section
2.01.03.G. Le. (Essential Services, Conditional Uses) of the Land Development Code to approve
Petition.
DFC 1Q410N_
The Hearing Examiner hereby APPROVES Petition Number CU PL20200001301 filed by
Kenrick S. Gallander, AICP of RWA, Inc. representing Collier County Board of Commissioners
and Collier County Public Transit and Neighborhood Enhancement Department, with respect to
the property described as 10.04±-acres located approximately 1,000 feet west of the intersection
of Radio Road and Davis Boulevard in Section 3, Township 50 South, Range 26 East, Collier
County, Florida. for the following:
• An application to amend an existing Conditional Use (CU), Resolution NO. 10-70, that
authorized a Bus Transfer Station as an Essential Services Government Facility within the
Bill Gallman Oldsmobile Dealership PUD zoning district, by expanding the use to allow
the facility to act as a transfer station and transit hub for regional transportation services,
by removing condition 5 that permitted the transfer station use and provided fixed -route
restrictions, and by removing condition 6 that restricted bus trips.
Said changes are fully described in the Amended Conditions of Approval to Resolution 10-70
attached as Exhibit "A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Amended Conditions of Approval CU-PL20200001301
LEGAL DESCRIPTION.
10.04±-acres located approximately 1,000 feet west of the intersection of Radio Road and Davis
Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 2 of 3
DISCLAIMER.
Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
X. ..,;IL.......-'—
January 21, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
Collier County CAT Transfer Station
CU Dr 2009 405 CU-PL20200001301
1. The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set,
identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur
Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The final
design must be in compliance with all applicable federal, state and county laws and regulations; and
2. The Department of Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements authorized by this
conditional use as well as all applicable development standards; and
Expansion of uses identified and approved within this Conditional Use approval, or major changes
to the approved plan, shall require the submittal of a new conditional use application, and shall
comply with all applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site
Development Plan (SOP) review and approval; and
4. This CAT transfer station shall be limited in scope to a secondary transfer site. Any designation of
this site as Collier County's "major" (or similar designation) is prohibited. The terms Major and
Secondary transfer stations are defined as follows:
■ Major transfer facility:
• Handles most routes (between 60-75%)
• Supervised and publicly owned
• Off -road bus parking and circulation
• Park your car all day and ride transit
■ Secondary transfer facility:
• Handles multiple routes (25-40%)
• Supervised and publicly owned
• Off -road bus parking and circulation
Drop off for passengers
5. There will be no onsite vehicle service or storage facilities for regional service providers.
-7-.6. The CAT Transfer Station may utilize Davis Boulevard to the extent that the Florida Department of
Transportation design allows the necessary turning movements and operation and safety allows or
warrants.
8-.7. The driveway layout on Radio Road may be two, one-way pairs rather than one driveway opening.
Revised 30 per action EXHIBIT C
Words underlined are added; words stru^U through are deleted.
[20-CPS-02022/ 1590957/ 1 ]
RESOLUTION NO. 10- 7 0
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ADD A
GOVERNMENT FACILITY LIMITED TO A BUS TRANSFER
STATION WITHIN THE BILL GALLMAN OLDSMOBILE
DEALERSHIP PUD ZONING DISTRICT PURSUANT TO
SUBSECTION 2.01.03.G.1.e. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No.
2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as.in said regulations
made and provided, and has considered the advisability of a Conditional Use to add a government facility
limited to a bus transfer station within the Bill Gallman. Oldsmobile Dealership PUD zoning district
pursuant to Subsection 2.01.03.G.I.e. of the Collier County Land .Development Code on the property
hereinafter described, and the Collier County Planning Commission has made findings that the granting
of the Conditional Use will not adversely affect the public interest and the specific requirements
governing the Conditional Use have been met and that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and in accordance with Subsection
10.08.O0.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
CU-PL2009-405
Rev, 3/24/10 -1BW
1 of 2
,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-PL2009-405 filed by Abra Horne, AICP, of Wilbur Smith Associates,
representing Collier County Alternative Transportation Modes Department, with respect to the property
hereinafter described in Exhibit "A", be and the same is hereby approved to add a Conditional Use to add
a government facility limited to a bus transfer station within the Bill Gallman Oldsmobile Dealership
PUD zoning district pursuant to Subsection 2.01.03.G.I.e. of the Collier County Land Development
Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions
found in Exhibit "C". Exhibits "A","B", and "C" are attached hereto and incorporated herein by
reference.
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second, and super -majority vote, this,QY of
/
ATTEST:
Dwight E. Brock, Clerk
of i Clerk
Apt, '!
and c;7*7""0
. '
Jennifer 1Y White
Assistant County Attorney
Exhibits attached: A.
B.
C.
09-CPS-00965/72
CU-PL2009-405
Rev. 3/24/10 - JBW
Legal Description
Conceptual Site Plan
Conditions
BOARD OF ZONING' APPEALS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, Chair
2 of 2
LEGAL DESCRIPTION
OFFICIAL RECORD BOOK 2987, PAGE 3420
BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND
BEING :MOkE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 3, RUN M89-54-20"E ALONG
THE: NORTHERLY LINE OF SAID SECTION 3, 440.57 FEET: THENCE SOO-05'40"E, 50.00
FEET TO THE POINT OF BEGINNING, AND ALSO BEING IN THE SOUTHERLY RIGHT OF WAY
LINE OF STATE ROUTE S-856 (RADIO ROAD/C.R. 856); THENCE N89'54'20"E ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, 380.65 FEET; THENCE 500'31 ' 13"W, 1147.78 FEET, TO
THE NORTHERLY RIGHT OF WAY LINE OF STATE ROUTE 84 (DAVIS BOULEVARD), SAID
NORTHERLY RIGHT OF WAY LINE BEING A CURVE TO THE SOUTHWEST, HAWING A RADIUS
OF 2939.79 FEET, AND WHOSE CHORD BEARS S32'55'16"W FOR 187.70 FEET; THENCE
ALONG THE ARC OF SAID CURVE 187.73 FEET; THENCE N48'09'02"W 357.67 FEET;
THENCE NDO'05'40-W 1066.00 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA: AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS-
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, THENCE N89'53'12"E
ALONG THE NORTHERLY LINE OF SAID SECTION 3, 440.57 FEET; THENCE LEAVING SAID
NORTHERLY LINE SD0`06'481 FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION
WITH THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF RADIO ROAD (C.R. 856)
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND, THENCE
1459'53`12% ALONG SAID SOUTHERLY RIGHT QF WAY LINE FQR A DISTANCE OF 380,6$
FEET; THENCE LEAVING SAID SOUTHERLY LINE SOO'30'1 1 "W FOR A DISTANCE OF 42.62
FEET TO A POINT OF INTERSECTION WITH A NON -TANGENT CURVE FROM WHICH THE
RADIUS POINT BEARS S11'09'05" W; THENCE NORTHWESTERLY ALONG SAID CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 914.64 FEET. A CENTRAL ANGLE OF
1 1' 15"53" FOR AN ARC DISTANCE OF 179.82 FEET TO A POINT OF TANGENCY;
THENCE S89'53'12"W FOR A DISTANCE OF 201.52 FEET; THENCE NOO-06'48"W FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING,
SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD.
SUBJECT PARCELCONTAINS 10.041- ACRES OF LAND, MORE OR LESS.
FOLIO NO. 00399360008 / ADDRESS #8315 DAVIS BOULEVARD
NOTE: LESS & EXCEPT PORTION HAS A DIFFERENT SEARING BASIS THAT THE ORIGINALLY
DESCRIBED PARENT PARCEL OF LAND.
NOTE: SURVEY FIELD 9EARINGS ARE 6ASCD ON NA083 (99 ADJUSTMrNT),
STATE PLANE COORDINATES, FLORIDA EAST ZONE,
CAT Transfer Station
CU-P02009-405
Exhibit A
m
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Q
PLANS FOR
CAT TRANSFER STATION CONDITIONAL USE
GALLMAN OLDS P.U.D. (ORDINANCE #86-6)
PART OF SECTION 3, TOWNSHIP 50 S, RANGE 26 E, COLLIER COUNTY, FLORIDA
DEVELOPED BY:
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 213-5841
LOCATION MAP
SITE MAP
SHEET INDEX
SHEET DESCRIPTION
SHEET NO.
1
COVER SHEET
2
MASTER SITE PLAN (dl)
3
MASTER SITE PLAN (PH 2)
4
BOUNDARY SURVEY
5
FLUCCS MAP
6
AERIAL PHOTOGRAPH
7
ELEVATIONS
8
LANDSCAPE PLANS
REVISIONS
1
7.28
Sheet 2, revised.
2
7.28
Sheet 3, revised.
3
7.28
Sheet 8 replaced.
4
8.31
Sheet 1 revised.
5
8.31
Sheet 4, revised.
DATE: AUGUST 2009
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CONDITIONS OF APPROVAL
Collier County CAT Transfer Station
CU-PL2009-405
1. The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set,
identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur
Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The
final design must be in compliance with all applicable federal, state and county laws and
regulations; and
2. The Department of Zoning and Land Development Review Director may approve minor changes
in the location, siting, or height of buildings, structures, and improvements authorized by this
conditional use as well as all applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major changes
to the approved plan, shall require the submittal of a new conditional use application, and shall
comply with all applicable County ordinances in effect at the time of submittal, including Chapter
10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site
Development Plan (SDP) review and approval; and
4. This CAT transfer station shall be limited in scope to a secondary transfer site. Any designation
of this site as Collier County's "major" (or similar designation) is prohibited. The terms Major
and Secondary transfer stations are defined as follows:
■ Major transfer facility:
■ Handles most routes (between 60-75%)
• Supervised and publicly owned
■ Off -road bus parking and circulation
• Park your car all day and ride transit
■ Secondary transfer facility:
■ Handles multiple routes (25-40%)
■ Supervised and publicly owned
• Off -road bus parking and circulation
■ Drop off for passengers
5. This transfer station use shall be added to the existing uses permitted on -site and shall allow the
addition of transfer activities for no more than four CAT fixed -routes.
6. No more than ten, fixed route, at a p.m. peak hour, two-way, bus trips per hour to Radio Road can
be generated by this transfer station use.
7. The CAT Transfer Station may utilize Davis Boulevard to the extent that the Florida Department
of Transportation design allows the necessary turning movements and operation and safety allows
or warrants.
The driveway layout on Radio Road may be two, one-way pairs rather than one driveway opening.
Revised 3/23/10 per BCC action EXHIBIT C
AGENDA ITEM 10-D
L e-r County
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING: 7ANUARY 7, 2010
SUBJECT: CU-PL2009-405; CAT TRANSFER FACILITY
'1' 1
Owner: Collier County Board of County Commissioners
Collier County Alternative Transportation Modes Department
Michelle Edwards -Arnold, Director
3301 East Tamiami Trail, Bldg H
Naples, FL 34112
Agents: Abra Horne, AICP
Wilbur Smith Associates
3191 Maguire Boulevard
Orlando, FL 32803
REQUESTED ACTION:
To have the
Collier County Planning Commission
(CCPC)
consider an application for a
Conditional Use
(CU) in the Gallman Olds PUD
zoning
district as provided in Land
Development
Code (LDC) Section 2.01.03.G.1.e --
Essential
Services, to add Government
Facility as a use, but limit the use to a Bus Transfer Station. This
10.04-1-acre project is known
as the
(Collier
Area Transit) CAT Transfer Facility.
GEOGRAPHIC LOCATION:
The subject 10.04E acre property is located on the south side of Radio Road extending to Davis
Boulevard, approximately 1,000 feet from the Radio Road and Davis Boulevard intersection in
Section 3, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the
following page)
CU-PL2009-405 Page 1 of 11
Revised 12/22/09
LOCATION MAP
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ZONING MAP
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The petitioner seeks an Essential Service Conditional Use for a bus transfer station. The
conceptual site plan (see attached) depicts the existing ingress/egress from Radio Road, with
potential access from Davis Boulevard as well, buffering, water management and native
vegetation preserves. The site is currently used by CAT for their administration and operations
office; vehicle storage, parking, repairs, maintenance and fueling; vehicle washing and cleaning.
The facility is also used for warehousing of the County's surplus property; bi-monthly public
store hours for direct sales; and annual public auction of surplus items). These aforementioned
uses were deemed compatible with the list of PUD permitted uses, pursuant to Section 4.3.3 of
the existing Gallman Olds Dealership PUD that allows any other use which is comparable in
nature with the listed permitted uses and which the Zoning Director determines to be compatible.
This determination was made as part of the Zoning Verification review process as noted in
Zoning Verification Letter requests ZLTR-06-AR40777 and ZLTR-07-AR42404 (Copies of
the letters are included in the application material).
This site was operated most recently as the Morande Automobile Sales dealership until
2005/2006, operating under the auspices of the Gallman Olds Dealership PUD (Ordinance No.
86-6). The site was vacant for a time, with the county purchasing the property in December
2006 for a future CAT facility. Primary vehicular access currently is only from Radio Road;
however, the site plan indicates that an access to Davis Boulevard may be established in the
future.
It was determined however, that using the site as a transfer station would require conditional use
approval pursuant to Land Development Code (LDC) Section 2.01.03.G.Le, regarding Essential
Service uses. Thus this petition has been submitted by the Collier County Alternative
Transportation Modes Department.
According to the applicant's narrative statement, the site will not be the first bus transfer facility
in the County system. The main transfer station is located adjacent to the Collier County
Museum on the Collier County Government Center property. The applicant has indicated that
that main facility "is approaching its design capacity and another transfer facility is needed to
improve system -wide efficiency." The petitioner goes on to state, "The proposed Radio Road
passenger transfer station would create a safe and convenient location for CAT passengers to
make transfers in the eastern portion of the service area where CAT Routes 3, 5, and 6 converge
(i.e. the purple, yellow, and blue routes)." The Traffic Impact Statement indicates that the
busses will operate 7 days per week. No specific hours of operation have been included in the
application; staff assumes, therefore that the transfer station will operate to accommodate Routes
3, 5 and 6 and they currently function or as those routes are revised in the future.
SURROUNDING LAND USE &ZONING*
North: Radio Road, then multi -family residential uses within, with a zoning designation of
PUD (the Sherwood Park PUD Ordinance No. 80-38), with an approved density of
4.2 units per acre; and two undeveloped tracts totaling 7.16f acres (two different
owners), with a zoning designation of Commercial Convenience (C-2)
CU-PL2009405 Page 2 of 11
Revised 12122/09
encourages the planning for expansion of County owned and operated public facilities and
services to existing lands that are designated for urban intensity uses.
Based upon the above analysis, staff concludes the proposed Conditional Use may be deemed
consistent with the Future Land Use Element (FLUE) of the Growth Management Plan.
Transportation Element (TE): Transportation Planning staff has reviewed the petition and has
determined that the proposed Conditional Use petition and the petitioner's Traffic Impact
Statement (TIS) and has determined that addition of the proposed Transfer Station conditional
use can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP.
Radio Road Impacts: The first concurrency link that is impacted by this project is link 71, Radio
Road from Santa Barbara Boulevard to Davis Boulevard. The project would generate 10* net
new PM peak hour, peak direction trips, which represents a 0.48 percent impact on Radio Road.
This segment of US 41 Radio Road currently has a remaining capacity of 1,315 trips, and is
currently at Level of Service (LOS) "B" as reflected by the adopted 2009 AUIR. No subsequent
links beyond this segment of Radio Road are significantly impacted, thus no further analysis was
required for PM Peak Hour impacts.
*- The trips shown are calculated as such: 4 [actual] buses enter, 4 [actual] buses exit. This is 4
net new, pm peak hour, peak direction trips. These have been factored by 2, to obtain
passenger car equivalency (i.e. slower -moving trucks occupy the same capacity as
approximately 2 standard automobiles). Then, for the 2014 calculation, the bus trips were
grown proportionately with background traffic. This resulted in 10 total, net new, pm peak
hour, peak direction trips (10 in, 10 out) in the year 2014.
Davis Boulevard Impacts: No analysis of Davis Boulevard is required to comply with the
requirements of policy 5.1 of the Transportation Element of the Growth Management Plan,
because no direct access to Davis is proposed by the use being sought in this application.
Additional Information: The net new trips associated with the proposed Conditional Use will not
be subject to concurrency review at the time of SDP, in accordance with the reference to Florida
Statutes, Chapter 163.3180, as follows.
F.S. Ch. 163.3180 Concurrency.—(4)(b) The concurrency requirement as implemented in local
comprehensive plans does not apply to public transit facilities. For the purposes of this
paragraph, public transit facilities include transit stations and terminals; transit station parking;
park -and -ride lots; intermodal public transit connection or transfer facilities; fixed bus,
guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities,
and hangars for the maintenance or storage of aircraft. As used in this paragraph, the terms
"terminals" and "transit facilities" do not include seaports or commercial or residential
development constructed in conjunction with a public transit facility.
Based upon the above analysis, staff concludes the petition may be deemed consistent with the
overall GMP.
CU-PL2009-405 Page 4 of 11
Revised 12/22l09
G
Before any conditional use can be recommended to the Board of Zoning Appeals (BZA), the
Collier County Planning Commission (CCPC) must make a finding that: 1) granting approval of
the conditional use will not adversely affect the public interest; 2) all specific requirements for
the individual conditional use are met; and 3) satisfactory provisions have been made concerning
the following matters, where applicable:
1. Section 2.01.03.G.1.e of the LDC permits conditional uses in the PUD zoning district.
The requested use for an Essential Service, Government Facility, limited to a bus transfer
station is permitted as a Conditional Use in every zoning districted except the RFMU district
sending lands, CON districts, NRPAs, and RLSA designated HSAs and FBAs Conditional
uses subject to the standards and procedures established in section 10.08, conditional uses
procedures, of the LDC.
2. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the applicable provisions of the FLUE and
the Transportation Element; therefore, the petition is consistent with the overall GMP and
with FLUE Policy 5.5 which states:
Encourage the use of land presently designated for urban intensity uses before
designating other areas for urban intensity uses. This shall occur by planning for the
expansion of County owned and operated public facilities and services to existing
lands designated for urban intensity uses... .
The subject site is already zoned for commercial uses, and is consistent with the applicable
provision of the LDC. Furthermore, Lite site currently houses several Collier County
facilities, most importantly for the purpose of this petition, the CAT operations headquarters.
A transfer station at this site seems to be a logical extension of the mass transit services for
Collier County residents and visitors. With the conditions of approval included by staff, the
proposal may also be found consistent with all of the applicable provisions of the LDC.
3. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Transportation Planning staff indicates that they have reviewed this petition and determined
that there are no outstanding issues concerning vehicular access and traffic control. As
shown on the Conceptual Site Plan, vehicular access to the site could be accommodated via
either Radio Road or Davis Boulevard because access points already exist on both roadways.
However, the applicant indicated in the TIS that Davis Boulevard access will not be utilized
for the conditional use. The trips exiting Radio Road turning to the right will ultimately end
up on Davis Boulevard regardless, due to the Radio Road/Davis Boulevard intersection's
proximity.
CU-PL2009-405 Page 5 of 11
Revised 12/22/09
The transfer station may also be used by passengers arriving by vehicles other than CAT
vehicles. Private passenger cars or taxis may pick up or drop off passengers at this site. This
practice could be viewed negatively by the residential neighborhood; however the concept is
beneficial to the public -at -large and the overall County. Bus passengers may be picked up
from, or dropped off at, the CAT facility from other areas of the county where bus service is
not conveniently available. This lessens the number of vehicles on the roadways.
4. The effect the Conditional Use won ld have on neighboring properties in relation to
noise, glare, economic or odor effects.
As noted previously this site is currently being used as the CAT operating facy, with
busses entering and exiting the site along with the employee's vehicles that go to and from
the site. Staff does not anticipate the addition of a transfer station will dramatically change
the effect this total operation will have on the neighborhood. There should not be a
significant increase in noise, glare or odor from the transfer operation.
The overall economic effect of the transfer station at this location is difficult to determine in
actual dollars. However, providing a transfer facility in proximity to the nearby higher
density residentially developed properties could be viewed as an advantage for those people
who may wish to relocate to one of those properties if those persons do not or cannot drive a
personal vehicle. The transfer facility will be established near the center of the project's
Radio Road frontage. The transfer facility is not proposed to be located nearer the existing
residential use than the existing maintenance facility, which could have more impacts as far
as noise and dust than the transfer station.
Staff is of the opinion the project will not generate additional glare, noise or odors or
otherwise create any adverse economic impacts on the neighborhood if stairs recommended
conditions are adopted with any approval.
5. Compatibility with adjacent properties and other property in the district.
The only boundary for this project that is shared with a residential use is the western
boundary where Ibis Cove Condominiums are located. The subject site development plans
call for a 6400t high masonry wall within a Type B buffer that consists of one tree per 25
linear feet and a single 5-foot high hedge (this buffer is in place now). No new structures are
proposed with this Conditional Use application that would be located near the western
property boundary. Other than the western boundary this site is bordered by either major
roadways —Davis Boulevard and Radio Road to the north and south, or an undeveloped
commercial tract of land to the east.
Staff has included a condition to limit the proposed transfer station to anon -primary site.
That is, the site cannot become the "main" transfer station for the county. The narrative
statement indicates that the main transfer station is at the Collier County Government
Complex, and furthermore, informed the attendees at the Neighborhood Information meeting
that this site would not become the main transfer station for the county. As of now, the site
would serve Routes 3, 5, and 6 (i.e. the purple, yellow, and blue routes) with the potential to
add more routes. Staff has included a condition that limits this transfer station to use by only
four CAT Routes in compliance with the NIM discussion and the application material that
CU-P12009-405 Page 6 of 11
Revised 12/22/09
were submitted.
Another condition
is recommended by
staff to limit the bus
trips to no more
than ten bus trips
per hour to Radio
Road. That is based
upon the petitioner's
TIS.
This site was developed and utilized for vehicle related uses such as maintenance and sales
since the original PUD zoning was approved. A copy of a 1995 Property Appraiser's office
aerial photo shows the extent of development in the area in 1995.
Clearly, this site was developed with commercial uses (Automotive Dealership) prior to the
area being developed for residential uses.
Based upon the findings above, staff is of the opinion that the project can be deemed
compatible with the neighborhood subject to staffs conditions of approval. Additionally the
petitioner will need to comply with all Federal, State and other local regulations governing
the uses.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Pursuant to
LDC
Section
8.06.03 0.1 Powers
and Duties, the EAC did not review this petition
because the
site is
already
developed therefore
no ETS was required.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The meeting was duly noticed by the applicant and held on December 3, 2009 at 5:30 p.m. at the
Comfort Inn at Tollgate Plaza. Approximately 60 people attended, including the applicant's team
and county staff.
CU-PL2009-405 Page 7 of 11
Revised 12122/09
Ms. Horne presented an overview of the proposed Conditional Use (CU) application for the CAT
Transfer Station. The main or primary transfer center is located at the County Government
Center and will remain as such. The Radio Road site will help alleviate some of the overflow
conditions occurring at the Government Center location, provide mobility options, provide an
eastern site location and will allow routes 3, 5, and 6 to operate more efficiently. It allows for
two points of access and is close to the I45/Collier Boulevard interchange. This is a two phase
project and is scheduled to go before the BCC on 1/7/10 and 3/23/10. If approved by the BCC
then it will be submitted to the Federal Transit Administration (FTA) for final approval. Once
FTA approves the plan, construction on the project is anticipated to take approximately 12
months.
The property owners in attendance voiced their concerns and objection to the location of the
CAT Operations facility as follows:
Bill Kearney, Sapphire Lakes, representing ENACTS (East Naples Against County Transfer
Site), stated that the bus transfer facility is needed; however, nearby residents are opposed to this
location. Mr. Kearney wants the County to look at alternative sites such as the Wal-Mart area
where there are numerous empty buildings. Additional concerns include traffic and congestion,
parking, noise, impacts on residents in the area, and safety for the pedestrians and children
waiting for school buses. Mr. Kearney stated that he has petitions with over 1,000 signatures
opposing the CAT Transfer Station at this location.
Carol Molyn, Sapphire Lakes, ENACTS Petition Director, stressed the importance of petitions
and made it clear that with the petitions in hand opposing the CAT Transfer facility, that she is
representing more than just the people in attendance. She believes there is a better place for a bus
transfer station than in a residential area.
Victoria Nader, representing the visually impaired/Blind Citizens, voiced the support of the CAT
Transfer Station.
Kim Bowers, CAT customer, stated there are already bus stops in proximity to this site, one on
Davis Boulevard, the other one near Circle K. She voiced her concerns about this new transfer
facility becoming the main facility and had concerns about the cost involved.
In response to Ms. Bower's question about what the future goals are with the transfer site,
Michelle Arnold, Director of Alternative Transportation Modes, stated that the CAT operations
is not being moved to the Radio Road location. Ms. Arnold further stated that the intent is to
have the current route center moving around that area and to transfer folks at the CAT ops rather
than having them walk from one bus to the other bus.
Bill Jones, resident, states he was not against the CAT Transfer Station, he stated he is against a
transfer site at the proposed location.
Rudy Pettorelli, resident, voiced his opposition to the location of the CAT Transfer Station and
voiced concern about the number of buses that would be driving through the residential area.
CU-PL2009-405 Page 8 of 11
Revised 12/22/09
Cathy Gorman, Palm Springs resident was concerned about lighting and suggested Wal-Mart
would be a better site and has better lighting. Ms. Arnold stated that adequate lighting will be
provided.
Ken Ormson, resident, also voiced his opposition to the location of the transfer facility and wants
a more appropriate place to be selected.
Ms. Horne provided clarification on the following items:
• There are four transfer locations, with the Government Center being the primary location
• While the Government Center may be the primary location, multiple locations are needed
• Radio Road site will enhance "on -time" performance
• The petition will investigate the 10-year Transit Development Plan to see what other
transfer sites are identified
Ms. Arnold stated the site is intended to use grant funds from the FTA that have already been
awarded to the County to fund the improvements on the property.
Marie Chiaro, resident, wanted to know if Davis Boulevard could be used instead of Radio Road.
Ms. Arnold stated that Davis Boulevard is an option for access. The intent is that busses that
operate along David Boulevard would turn onto Radio Road and at the light at Radio and Davis.
This would allow buses to circulate into the facility without running the full length of Radio
Road.
Richard Lilien,
resident of
Sherwood,
wanted to know if an
alternative
site was being
considered. Ms.
Arnold stated
that there are no alternative sites being
considered
at this time.
Ms. Gorman, asked where the four transfer stops are located. Ms. Horne responded that they are
located at Coasuand Mall, Creekside (hnmokalee Road), Wal Mart, Collier County Government
Center, and City of Immokalee (Health Dept).
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for CU-PL2009-405 revised on
December 18, 2009.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
PL2009-405 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject
to the following conditions:
The CAT Transfer Station shall be limited to that which is depicted on the conceptual site
plan set, identified as the "CAT Transfer Station Conditional Use" dated August 2009,
prepared by Wilbur Smith Associates. The site plan noted is conceptual in nature for
Conditional Use approval. The final design must be in compliance with all applicable
federal, state and county laws and regulations; and
CU-PL2009-405 Page 9 of 11
Revised 12l22/09
2. The Department of Zoning and Land Development Review Director may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain consistent with all
applicable development standards; and
3. Expansion of uses identified and approved within this Conditional Use approval, or major
changes to the approved plan, shall require the submittal of a new conditional use
application, and shall comply with all applicable County ordinances in effect at the time of
submittal, including Chapter 10.02.03, of the Collier County Land Development Code,
Ordinance 0441, as amended, for Site Development Plan (SDP) review and approval; and
4. This CAT transfer station shall be limited in scope to anon -primary transfer site. Any
designation of this site as Collier County's "main" (or similar designation) is prohibited; and
5. This transfer station shall only be used by four CAT fixed -route buses, paratransit or
supervisory vehicles; and
6. No more than ten bus trips per hour to Radio Road can be generated by this transfer station.
CU-PL2009-405 Page 10 of 11
Revised 12/22/09
PREPARED BY:
KAY D SELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
t Lz ///N Z Z o 0
RAYM D V. BELLOWS, ZONING MANAGER D E
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
�SUSAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
aQ `w2a/ leg
i
MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Collier County Planning Commission:
MARK CHAIRMAN DATE
Staff report for the January 7, 2010 Collier County Planning Commission Meeting
Tentatively scheduled for the March 23, 2010 Board of County Commissioners Meeting
Attachments: A. Conceptual Master Plan
B. Resolution
C. Neighborhood Information Notes from the petitioner's agent
CU-2008-AR-13245 Page 11 of 11
Revised 12/18/09