Agenda 10/26/2021 Item # 9A (Ordinance - PL20190002354)9.A
10/26/2021
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
No. 2011-30, as amended, by adding commercial, public, civic and institutional uses; or, in the
alternative to some uses, adding up to 12 residential dwelling units; reducing commercial square
footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation;
adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing
single commercial use and building size limitations; reducing setbacks and landscape buffer widths;
removing phasing and developer commitments; and providing an effective date. The subject
property is 41+ acres and located at the northwest quadrant of Golden Gate Boulevard and Wilson
Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida.
(PL20190002354) (Companion to items 8A and 9B)
OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition and render a decision regarding this PUD Amendment (PUDA)
petition; and ensure the project is in harmony with all the applicable codes and regulations in order to
ensure that the community's interests are maintained.
CONSIDERATIONS: The Estates Shopping Center CPUD comprises 41± acres and is located in the
Rural Golden Gate Estates area along Golden Gate Boulevard West, bounded by Wilson Boulevard North
to the east and 3rd Street NW to the west. The subject site is zoned Estates Shopping Center CPUD with
Wellfield Risk Management Special Treatment Overlay Zones ST/W-1 through ST/W-3. The CPUD was
originally approved by Ordinance 11-30 consistent with a corresponding change of the subject property
on the Golden Gate Area Master Plan Future Land Use Map from Neighborhood Center and Residential
Estates Subdistricts to the Estates Shopping Center Subdistrict. The site is currently occupied with single
family homes developed per the Estates zoning district.
The current CPUD allows for up to 150,000 square feet of uses generally consistent with those allowed in
the C-1 through C-3 conventional commercial zoning districts.
The PUD Amendment re -defines the allowable uses and modifies the PUD Master Plan (shown on the
following page) as follows:
• add zoological attraction and animal services and related facilities on the west side of the site
intended for the Shy Wolf Sanctuary (proposed Tract C)
• add government facility uses in the center of the site west of 1st Street NW intended for Collier
County government (proposed Tract B)
• concentrate commercial uses not to exceed 50,000 square feet on the eastern side of the site at the
at the corner of Wilson and Golden Gate Boulevards, with the convenience store with fuel pumps
proposed at the southeast corner of the site (proposed Tract A)
The request also includes an allowance for up to 12 single family homes to be retained/constructed per
Estates (E) development standards on Tracts C & B if those tracts are not developed as a zoological
attraction or as government facilities respectively.
The request is for a reduction from 150,000 to 50,000 square feet of commercial uses, however this floor
area limit is proposed to exclude: governmental facilities, animal shelters, animal service centers, wildlife
refuges and sanctuaries, zoological attractions, veterinary services, or their accessory uses which may be
dormitories, gift shops, storage and maintenance buildings, and similar support facilities.
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The proposed PUD Master Plan depicts 4.17 acres of native vegetation preserve area along the northern
boundary of the site adjacent to Estates/residential properties. An existing County well is indicated on the
PUD Master Plan near the northeast corner of the site. This public water well has an associated Wellfield
Protection Zone extending across the property, with the most protective zone (ST/W-1) on the eastern half
of the PUD, and zones ST/W-2 and ST/W-3 across the western half of the PUD.
FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is
no guarantee that the project, at build -out, will maximize its authorized level of development. However,
if the PUD Rezone is approved, a portion of the land could be developed, and the new development will
result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the
impacts of each new development on public facilities. These impact fees are used to fund projects
identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the
adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building
permit include building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates and that revenue is directly related to the value of the improvements. Please note that
impact fees and taxes collected were not included in the criteria used by staff and the Planning
Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property is designated Estates Designation,
Commercial District, Estates Shopping Center Subdistrict, as identified in the Rural Golden Gate Estates
Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). The property owner submitted
Growth Management Plan Amendment (GMPA) Petition PL20190002354 to amend the Estates Shopping
Center Subdistrict.
Transportation staff found that the subject petition request can be found consistent with Policy 5.1 of the
Transportation Element of the GMP because there are no additional traffic impacts resulting from the
proposed changes.
The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is
required to make a recommendation regarding a finding of consistency or inconsistency with the overall
GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning
petition. This petition may be deemed consistent with the GMP if the companion GMPA amendment is
adopted and becomes effective.
COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The
CCPC heard Petition PUDA-PL20190002354, Estates Shopping Center CPUD on October 7,
2021. Eight members of the public spoke and concerns were voiced about protection drinking
water and private wells in the vicinity, potential for noise intrusion, and adherence to buffer
standards. The CCPC voted 5-0 to forward this petition to the Board with a recommendation of
approval with the conditions listed below, and staff concurs with these recommendations.
CCPC recommended revisions and conditions:
- Add language to the list of uses requiring the wildlife refuge and zoological attraction to be
not -for -profit.
- Add that correctional institutions including parole offices, probation offices are prohibited.
- Identify that commercial uses are limited to permitted uses in the C-1 through C-3 zoning
districts.
- Strike "or exceed" from the staff recommendation to meet or exceed DEP rules.
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- Outdoor amplified sound is prohibited after 9:00 p.m.
- Outdoor dining must be oriented to the south and east.
- Retain allowance for retail operation until 10:00 p.m.
- Revise the word "yards" to "setback" on Exhibit B Development Standards table for Tract A.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does
require Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land
development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and
Ordinances. Specifically, Deviation #3 is being requested to allow two preserves that are not connected
within the site. The EAC heard Petition PUDA-PL20190002354, Estates Shopping Center CPUD on
October 7, 2021, and voted 5-0 to forward this petition to the Board with a recommendation of approval.
LEGAL CONSIDERATIONS: This is a site -specific amendment to the Estates Shopping Center
Commercial Planned Unit Development. The burden falls upon the applicant to prove that the
proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the
Board of County Commissioners, should it consider denying the rezone, to determine that such
denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by
finding that the proposal does not meet one or more of the listed criteria below.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
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7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed CPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested CPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
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24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed CPUD rezone 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 [Code
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the CPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the
County Attorney's Office. This item has been approved as to form and legality, and requires an
affirmative vote of four for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and recommends that the
Board of County Commissioners approves Petition PUDA-PL20190002354, Estates Shopping Center
CPUD, subject to the companion GMPA being adopted.
Prepared by: Ray Bellows, AICP, Zoning Manager
ATTACHMENT(S)
1.09-21-21 - Staff Report - Estates Shopping PUDA (PDF)
2. Attachment A - Ordinance - 101221(1) (PDF)
3. Attachment B - Property Owner List (PDF)
4. CCPC-BCC Hybrid Meeting Waiver (Executed) (PDF)
5. ATTACHMENT C - PL20190002354 Oct 7 2021 CCPC Backup
6. legal ad - agenda IDs 20202 & 20160 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doe ID: 20202
Item Summary: Zoning Petition - PUDA-PL20190002354-Estates Shopping Center CPUD, This
item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on
this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending Ordinance No. 2011-30, as
amended, by adding commercial, public, civic and institutional uses; or, in the alternative to some uses,
adding up to 12 residential dwelling units; reducing commercial square footage from 150,000 to 50,000
excluding some uses from the maximum square footage limitation; adding dormitories as an accessory
use on Tract C; removing outdoor music prohibition; removing single commercial use and building size
limitations; reducing setbacks and landscape buffer widths; removing phasing and developer
commitments; and providing an effective date. The subject property is 41+ acres and located at the
northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South,
Range 27 East, Collier County, Florida. (PL20190002354) (Companion to items 8A and 9B)
Meeting Date: 10/26/2021
Prepared by:
Title: — Zoning
Name: Laura DeJohn
09/28/2021 12:38 PM
Submitted by:
Title: — Zoning
Name: Mike Bosi
09/28/2021 12:38 PM
Approved By:
Review:
Zoning
Mike Bosi
Zoning Director Review
Growth Management Department
Lissett DeLaRosa
Growth Management Department
Zoning
Ray Bellows
Additional Reviewer
Growth Management Department
Trinity Scott
Transportation
Growth Management Department
James C French
Growth Management
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
09/28/2021 4:47 PM
Completed
09/29/2021 3:45 PM
Completed
09/30/2021 10:44 AM
Skipped
09/30/2021 11:20 AM
Completed
10/11/2021 4:27 PM
Completed
10/12/2021 9:49 AM
Completed
10/13/2021 2:21 PM
Completed
10/14/2021 9:55 AM
Completed
10/14/2021 11:27 AM
Completed
10/20/2021 2:38 PM
10/26/2021 9:00 AM
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ier County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION — ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 7, 2021
SUBJECT: PUDA-PL20190002354 ESTATES SHOPPING CENTER CPUD
COMPANION TO GMPA-PL20190002353 GROWTH MANAGEMENT
PLAN AMENDMENT &
ASW-PL20210001723 AUTO SERVICE STATION WAIVER
PROPERTY OWNER/AGENT:
Owner:
See Attachment B For List of Owners
Applicant:
Richard D. Yovanovich as Successor
Trustee of Land Trust
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
REQUESTED ACTION:
Agent:
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A
3800 Via Del Rey
Bonita Springs, FL 34134
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
application to amend Ordinance Number 11-30, the Estates Shopping Center Planned Unit
Development (CPUD), as amended, by adding commercial, public, civic and institutional uses;
adding up to 12 dwelling units; reducing commercial square footage from 150,000 to 50,000
excluding some uses from the maximum square footage limitation; adding dormitories as an
accessory use on Tract C; removing outdoor music prohibition; removing single commercial use
and building size limitations; reducing setbacks and landscape buffer widths; and removing
phasing and developer commitments.
GEOGRAPHIC LOCATION: in
The subject property consists sixteen parcels totaling 40.62± acres located in the Rural Golden N
Gate Estates area along Golden Gate Boulevard West, bounded by Wilson Boulevard North to the N
east and 3rd Street NW to the west in Section 4, Township 49 South, Range 27 East, Collier County, o
Florida. (see location map, page 2).
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PURPOSE/DESCRIPTION OF PROJECT:
The subject site is zoned Estates Shopping Center CPUD with Wellfield Risk Management Special
Treatment Overlay Zones ST/W-1 through ST/W-3. The CPUD was originally approved by
Ordinance 11-30 consistent with a corresponding change of the subject property on the Golden
Gate Area Master Plan Future Land Use Map from Neighborhood Center and Residential Estates
Subdistricts to the Estates Shopping Center Subdistrict.
The current CPUD allows for up to 150,000 square feet of uses generally consistent with those
allowed in the C-1 through C-3 conventional commercial zoning districts. As shown on the
following page, a detailed PUD Master Plan was approved depicting a shopping center with
grocery store and outparcels on the western two-thirds of the site between 3rd Street NW and 1st
Street NW, and a commercial strip center with outparcels on the eastern third of the site at the
corner of Wilson and Golden Gate Boulevards. Lakes and preserve areas were shown on the
master plan providing buffering to the Estates residential properties to the west and to the north.
The proposed PUD Amendment is a companion item to two other petitions: Growth Management
Plan Amendment (PL20190002353) considered by the CCPC and BCC, and Auto Service Station
Waiver PL20210001723 considered by the Board of Zoning Appeals (BZA) to allow a facility
with fuel pumps within 500 feet of an existing facility with fuel pumps.
The PUD Amendment re -defines the allowable uses and modifies the PUD Master Plan (shown
on the following page) as follows:
• add zoological attraction and animal services and related facilities on the west side of the
site intended for the Shy Wolf Sanctuary (proposed Tract C)
• add government facility uses in the center of the site west of 1st Street NW intended for
Collier County government (proposed Tract B)
• concentrate commercial uses not to exceed 50,000 square feet on the eastern side of the
site at the at the corner of Wilson and Golden Gate Boulevards, with the convenience store
with fuel pumps proposed at the southeast corner of the site (proposed Tract A)
The request also includes an allowance for up to 12 single family homes to be retained/constructed
per Estates (E) development standards on Tracts C & B if those tracts are not developed as a
zoological attraction or as government facilities respectively.
The request is for a reduction from 150,000 to 50,000 square feet of commercial uses, however
this floor area limit is proposed to exclude: governmental facilities, animal shelters, animal service
centers, wildlife refuges and sanctuaries, zoological attractions, veterinary services, or their
accessory uses which may be dormitories, gift shops, storage and maintenance buildings, and
similar support facilities. The Traffic Impact Statement associated with this request assumed
50,000 square feet of government offices and 30 dormitories associated with the Shy Wolf
Sanctuary and concludes a maximum of 550 PM peak hour two-way trips shall apply to the CPUD,
as indicated in Transportation Commitment A.5 of Exhibit E of the draft Ordinance. Staff notes
that the trip cap is based on the currently allowed 150,000 square feet of commercial use.
The proposed PUD Master Plan depicts 4.17 acres of native vegetation preserve area along the
northern boundary of the site adjacent to Estates/residential properties; 4.21 acres of preserve area
are on the currently approved plan.
An existing County well is indicated on the PUD Master Plan near the northeast corner of the site.
This public water well has an associated Wellfield Protection Zone extending across the property,
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September 21, 2021
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with the most protective zone (ST/W-1) on the eastern half of the PUD, and zones ST/W-2 and
ST/W-3 across the western half of the PUD.
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SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of the subject site, which is zoned Estates Shopping Center CPUD with
Wellfield Risk Management Special Treatment Overlay Zones ST/W-1 through ST/W-3:
North: Single-family residential zoned Estates with Wellfield Protection Overlay Zones
ST/W-1 through ST/W-3
South: Single-family residential zoned Estates with Wellfield Protection Overlay Zones
ST/W-2 & ST/W-3; Walgreens zoned Snowy Egret Plaza CPUD with Wellfield
Protection Overlay Zone ST/W-1 and vacant site zoned C-3 with Wellfield
Protection Overlay Zones ST/W-1 and ST/W-2
East: 7-Eleven convenience store with fuel pumps and pet groomers zoned C-2 in 1984
with Wellfield Protection Overlay Zone ST/W-1; Vacant single-family residential
zoned Estates with Wellfield Protection Overlay Zone ST/W-1
West: 3rd Street NW and single-family residential zoned Estates with Wellfield Protection
Overlay Zone ST/W-3
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated Estates Designation, Commercial District, Estates Shopping
Center Subdistrict, as identified in the Rural Golden Gate Estates Future Land Use Map of the
Golden Gate Area Master Plan (GGAMP). The property owner submitted Growth Management
Plan Amendment (GMPA) Petition PL20190002354 to amend the Estates Shopping Center
Subdistrict. This amendment, if approved, would do away with the reference to specific permitted
uses and instead allow all permitted and conditional uses of the C-1 through C-3 Zoning Districts,
and public, civic and institutional uses; reduce the maximum commercial square footage from
190,000 to 50,000 excluding some uses and accessory uses from the maximum square footage
limitation; remove outdoor music prohibition; remove single commercial use and building size
limitations; reduce setbacks and landscape buffer widths; and remove phasing and developer
commitments. The proposed GMPA allows for dormitories as an accessory use incidental to and
supporting of zoological attractions and animal services center and the development of a maximum
of 12 single family dwelling units in accordance with Residential Estates in the alternative to some
of the proposed uses.
The GMPA was transmitted to the Florida Department of Economic Opportunity (DEO) and a
letter of "no comment" was received from the DEO.
Consistency with the Future Land Use Element:
Comprehensive Planning Staff has reviewed the applicable Goals and Polices of the Future Land
Use Element (FLUE). Below is the FLUE text (in italics) followed by the staff finding:
FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the
surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted
June 22, 2004 and effective October 18, 2004, as amended).
Staff finding: Comprehensive Planning staff leaves this determination to Zoning staff as part of
their review of the petition in its entirety.
FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic
signals.
Staff finding: The PUD Master Plan shows only existing roads and driveway accesses, no internal
roads are depicted. Applicant has however indicated that due to the nature of the use proposed
Tract C use as an animal sanctuary, which has State mandated fencing and security needs, this
would prohibit interconnection to permit through traffic.
FLUE Policy 7.3: All new and existing developments shall be encouraged to connect their local .
streets and/or their interconnection points with adjoining neighborhoods or other developments y
regardless of land use type. N
Staff finding: The public roadways run along the southern, eastern and western of the subject N
property's boundaries. Properties abutting the north PUD boundary are limited to single family c
development and zoned Estates. A preserve is proposed to be located along the northern property
boundary except for a portion of the northwestern boundary which is proposed to have a 15' Wide E
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Type B landscape buffer, as depicted in the PUD Master Plan. Interconnection to these properties
to the north is not provided and it is staff s opinion that doing so is unnecessary.
FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities
with a blend of densities, common open spaces, civic facilities and a range of housing prices and
types.
Staff finding: There is an existing sidewalk along Golden Gate Boulevard. The PUD Master Plan
does not depict any details of sidewalks or open spaces. No deviations are requested for sidewalks,
therefore the project will be subject to LDC requirements for sidewalks. Tract B of the subject site
is identified in the PUD Ordinance, Exhibit A as accommodating local, state and federally owned
or leased and operated government facilities.
Consistency with the Golden Gate Area Master Plan — Rural Golden Gate Estates Sub -
Element:
Staff has reviewed the applicable Goals and Polices of the GGAMP. Below is the GGAMP text
(in italics) followed by the staff finding:
GOAL 4: To preserve the area's rural character, as defined by large wooded lots, the keeping of
livestock, the ability to grow crops, wildlife activity, environmental stewardship, low -density
residential development, and limitations on commercial and conditional uses.
Staff finding: The proposed PUD limits and lowers overall commercial floor space to 50,000 sq.
ft. Staff notes however that the trip cap allowing a maximum of 550 PM peak hour two-way trips
in Exhibit E. A.5 of the PUD document is based on the currently allowed uses of 150,000 square
feet of retail commercial use. The proposed alternative on Tracts B and C of 12 single family
dwellings subject to E, Estates, Development Standards in the LDC would maintain low -
residential development.
Policy 4.2. S: Consistent with public safety requirements and best practices for rural areas,
outdoor lighting within Rural Golden Gate Estates shall be placed, constructed and maintained
in such manner as to prevent or reduce light pollution. In implementing this Policy, the County
shall:
a. Adhere to the "Collier County Lighting Standards " (County Manager's Office
Standards dated January 6, 2017) as amended, with respect to new and existing County
owned or maintained sites and structures.
b. Continue to coordinate with FPL and FDOT to improve roadway and security lighting
consistent with International Dark Skies Association best practices.
c. Consider changes to the Land Development Code and other applicable ordinances to
create voluntary or mandatory outdoor lighting standards for commercial, residential or
other uses consistent with International Dark Skies Association best practices, and
determine the extent such standards apply to new or existing development
Staff finding: Within the PUD draft Ordinance Exhibit E, Section E.3, Miscellaneous Developer
Commitments, provisions are included to address this policy.
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Transportation Element:
In evaluating this project, staff reviewed the applicant's August 13, 2020 TIS and revised PUD
Document for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP).
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 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
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
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 up 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 and PUD document the proposed changes will allow up to 30
multi -family residential units (dormitories), an 8,000 square foot veterinarian clinic, 50,000 square
feet governmental offices, 50,000 square feet retail commercial use and the Shy Wolf Sanctuary
facility within the Estates Shopping Center development. The TIS for this request includes
scenario's for both the currently approved PUD uses and those proposed with this amendment
request. The scenarios indicate that there will be no net increase and a potential decrease in the
number of trips generated by this development. Staff notes that the trip cap allowing a maximum
of 550 PM peak hour two-way trips in Exhibit E. A.5 of the PUD document is based on the
currently allowed uses of 150,000 square feet of retail commercial use.
Based on the TIS and the revised PUD, the subject petition request can be found consistent with .
Policy 5.1 of the Transportation Element of the Growth Management Plan because there are no y
additional traffic impacts resulting from the proposed changes. N
N
Conservation and Coastal Management Element (CCME): c
Environmental review staff has found this project to be consistent with the Conservation and
Coastal Management Element (CCME). The project site consists of 27.81 acres of native
vegetation. A minimum of 4.17 acres (15%) of native vegetation is required to be preserved.
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GMP Consistency Conclusion:
Based on the above analysis, the petition may be deemed consistent with the GMP if the
companion GMPA amendment is adopted and becomes effective.
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 (commonly referred to as the "PUD Findings"), and
Section 10.02.08.17, Nature of Requirements of Planning Commission Report (referred to as
"Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An
evaluation relative to these subsections is discussed below, under the heading "Zoning Services
Review."
Drainage Review: 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 GMD 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. The required preserve is 4.17 acres (15% of 27.81 acres); the Master
Concept Plan provides for a 4.17-acre preserve onsite. No listed animal species were observed on
the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife
data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. Additionally,
the site contains suitable habitat for Big Cypress Fox Squirrels (Sciurus niger avicennia).
Management plans for Black Bear and Big Cypress Fox Squirrels will need to be included at PPL
or SDP review. Stiff -leafed wild -pine (Tillandsia fasciculata), listed as a less rare plant, have been
observed on the property and will be protect in accordance with LDC Section 3.04.03.
The property is in multiple Wellfield Risk Management Special Treatment Overlay zones (ST/W-
1 through ST/W-3) and must address groundwater protection in accordance with LDC Section
3.06.12. The proposed government facilities (Tract B) and zoological attraction (Tract C) are
allowable uses within the ST/W-1 through ST/W-3 zones.
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The proposed commercial area (Tract A) is partially located within the "Wellhead Protection o
Area," which is a 500-foot radial setback distance from public potable water wells (Chapter 62- a
521, Florida Administrative Code), as well as the ST/W-1 zone. Several potential uses are a
prohibited within the Wellhead Protection Area, including aboveground storage tanks (Chapter Q
62-762, F.A.C.), underground storage tanks (Chapter 62-761, F.A.C.), and all discharges of c
industrial wastewater to groundwater. Some commercial uses (i.e., gas stations, car washes, dry (n
cleaners, paint stores, photography studios, etc.) listed in the "Estates Shopping Center CPUD
Exhibit A" have the potential to impact ground and surface water. All proposed uses must comply N
with all federal, state and county statutes, codes and ordinances. Pollution Prevention Best w
Management Practices (BMPs) must be provided at time of PPL or SDP review for those land uses o
which have the potential to cause impacts to drinking water. Additionally, depending on the
proposed use, the applicant may be required to comply with secondary containment of all regulated
substances as well as obtaining a Certificate to Operate (CTO) in a Wellfield Program, per LDC
10.04.01, at time of site development.
N
Environmental Planning staff recommends approval of the proposed project. N
0
This project does require Environmental Advisory Council (EAC) review, as this project does meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
E
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County Code of Laws and Ordinances. Specifically, a deviation is being requested to allow two
preserves that are not connected within the site. See Deviation Discussion below.
Landscape Review: The applicant is seeking one deviation regarding landscape buffers. See
Deviation Discussion below. The buffers shown on the Master Plan are consistent with the LDC.
Due to the reduction in amount of commercial intensity that is allowed with this Amendment the
applicant is no longer committing to enhancing the buffers. And based on the NIM minutes, there
was no concern regarding the buffers.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Utilities Review: The project does not lie within the service areas of the Collier County Water -
Sewer District and will be served by private wells and septic systems. A County Well site
(Tamiami Wellfield Well 11) is located on the northeast corner of the site, as depicted on the PUD
Master Plan.
The Federal Safe Drinking Water Act (SDWA), as amended in 1986, established a program for
the states to delineate and manage Wellhead Protection Areas (WHPAs) for the protection of
groundwater supplies from contamination. A Wellhead Protection Area is defined as the surface
and subsurface area surrounding a public water supply well, through which contaminants are
reasonably likely to move toward and reach the well. The Florida Department of Environmental
Protection program incorporates the Wellhead Protection rule, Chapter 62-521, F.A.C., and the
groundwater protection measures administered and regulated by FDEP regulatory programs. The
Wellhead Protection Rule establishes a 500-foot radius circular Wellhead Protection Area around
all wells which serve community and non -transient non -community public water systems. The rule
prohibits certain new installations from locating in wellhead protection areas and specifies
additional performance standards for other new installations and activities. FDEP implements
specific performance, permitting, and monitoring criteria designed to protect groundwater on a
statewide basis. Areas designated by the FDEP consisting of a 500-foot radial setback distance
around a potable water well where groundwater is provided the most stringent protection measures
to protect the groundwater source for a potable water well and includes the surface and subsurface
area surrounding the well. Permitting and regulatory standards associated with this activity are at
the discretion of the FDEP.
The Tamiami Wellfield Well 11, located at the northeast corner of the commercial tract (85 Wilson
BLVD N), was installed in 1987. This is a critical public water supply facility for the Collier
County Water -Sewer District valued at nearly $2M. The casing depth is 90 feet with a total depth
of 137 feet. On the well site is a well house, which maintains the electrical, SCADA, and generator
for Wells 11, 12, and 13. The pumping capacity of the well is 700 GPM. In 2020, it provided
256,768,321 gallons of fresh water to both regional water treatment plants or 3.79% of all water
withdrawn from the Tamiami Wellfield. This equates to the annual water use of over 4,500 people.
The life expectancy of the well is 80 years or more if appropriately maintained and protected. Due
to the vital importance of this asset, staff recommends that the applicant meets or exceeds the
FDEP program that incorporates the Wellhead Protection rule and the groundwater protection
measures administered and regulated by FDEP regulatory programs, to include any precautionary
enhancements that will ensure the protection of the County's wellfield.
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Zoning Services Review: The Estates Shopping Center Planned Unit Development (CPUD) totals
±40.62 on the north side of Golden Gate Boulevard W spanning from Wilson Boulevard on the
east to 3rd Street NW on the west. The intent of the Planned Unit Development Amendment
(PUDA) is to re -define the allowable uses and modify the PUD Master Plan to provide for Shy
Wolf Sanctuary zoological attraction with supporting uses on Tract C; government facilities on
Tract B; and a maximum of 50,000 sf of gross commercial floor area on Tract A.
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":
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.
The PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land
Use designation allowing general commercial development to serve this primarily
residential area. Physical characteristics of the land are addressed through the
Environmental Review section of this staff report above. Traffic and access are addressed
in the Transportation Review section of this staff report above. Water and sewer functions
will be provided through private well and septic systems.
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, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
County staff reviewed this petition and offered an analysis of conformity with the relevant
goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff
report and found the petition may be deemed consistent with the GMP if the companion
GMPA amendment is adopted and becomes effective.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
The proposed PUDA establishes the potential for Shy Wolf Sanctuary to locate on the
western Tract C, government facilities in the central Tract B, and commercial uses on the
eastern Tract A near the intersection of Wilson and Golden Gate Boulevards.
Commitments to control lighting and glare at the project perimeter are proposed to address
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external compatibility. Additional compatibility measures are proposed through
operational standards requiring fencing or walls per applicable wildlife agency standards,
and Deviation 1 to allow a wall/berm up to 12 feet in height at the perimeter and internal
enclosures of the Shy Wolf Sanctuary.
However, compatibility with surrounding residents is compromised by the proposed
elimination of prohibition on outdoor music and extending the closing hour of retail and
office uses from 9 pm to 10 pm and extending gas/convenience uses to 24 hours. The PUD
Amendment also proposes elimination of enhanced buffers and narrowing of the native
preservation area that served as a buffer along the northern property line. While the impacts
of loading and other activities associated with the currently approved 150,000-square foot
commercial center may be lessened by the proposed sanctuary and government facilities,
there is no clear explanation - such as how dormitories will be located on the site, or what
types of operations the government facilities may entail - to conclude whether the impacts
of noise and activity on the site will be diminished for the neighboring single family
residents. Internal and external compatibility between the proposed wolf sanctuary,
dormitories, government facilities, and potential alternative allowing single family
residences per the Estates development standards are not clearly explained or portrayed on
the Master Plan.
The applicant reasons that a reduction in intensity is proposed, however the maximum
number of vehicle trips that was allowable with the currently approved 150,000 square feet
of commercial development is still proposed as the maximum number of trips associated
with this PUD Amendment.
Staff does not recommend the proposed allowance of outdoor music and extension of hours
from 9 pm to 10 pm for retail and office uses.
The proposed shift of locations of land uses includes establishing a 24-hour convenience
store with fuel pumps within 500 feet of the existing gas station across Wilson Boulevard,
which required a companion request for waiver of distance through an Auto Service Station
Waiver (ASW) petition to be heard by the BZA. Relocating the convenience store with
fuel pumps from Tract B to Tract A as requested allows the Golden Gate Boulevard/Wilson
Boulevard intersection to be occupied with gas stations on two corners and allows fuel
storage in closer proximity to the existing County well located at the northeast corner of
the property.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
No deviation from the required usable open space is being requested. Compliance with the
minimum 30% open space requirement will be demonstrated at the time of SDP or PPL.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure will continue to be sufficient to serve the proposed project, as
noted in the Transportation Element consistency review. Operational impacts will be
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addressed at time of each development order (SDP or Plat), at which time a new TIS will
be required to demonstrate turning movements for all site access points. Private wells and
septic systems will be required at time of development to address water and wastewater
needs. Finally, the project's development must comply with all other applicable
concurrency management regulations when development approvals, including but not
limited to any plats and or site development plans, are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The subject property can accommodate the proposed uses with the exception as stated in
the Environmental Review section of this report above, where the proposed commercial
area (Tract A) is partially located within the "Wellhead Protection Area," which is a 500-
foot radial setback distance from public potable water wells (Chapter 62-521, "Wellhead
Protection," Florida Administrative Code), as well as the ST/W-1 zone. Some commercial
uses (i.e., gas stations, car washes, dry cleaners, paint stores, photography studios, etc.)
listed in the "Estates Shopping Center CPUD Exhibit A" have the potential to impact
ground and surface water. All proposed uses must comply with all federal, state and county
statutes, codes and ordinances. Pollution Prevention Best Management Practices (BMPs)
must be provided at time of PPL or SDP review for those land uses which have the potential
to cause impacts to drinking water. Additionally, depending on the proposed use, the
applicant may be required to comply with secondary containment of all regulated
substances as well as obtaining a Certificate to Operate (CTO) in a Wellfield Program, per
LDC 10.04.01, at time of site development.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Three new deviations are proposed in connection with this request to amend the PUD. See
Deviation Discussion below.
Rezone Findings:
LDC Subsection 10.02.081 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners... shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable":
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the GMP.
Comprehensive Planning staff determined the subject petition is consistent with the goals,
objectives, and policies of the (FLUM) and other elements of the GMP subject to approval
of the companion GMP Amendment.
2. The existing land use pattern.
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The PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land
Use designation allowing general commercial development to serve this primarily
residential area. The existing land use pattern (of the abutting properties) is described in
the Surrounding Land Use and Zoning section of this staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is currently zoned PUD and would remain as such.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
This petition does not propose any change to the boundaries of the PUD.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary; however, it is being requested in compliance with
the LDC provisions to seek such changes because the petitioner wishes to include the
proposed uses and development standards that are specific to the subject parcel.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
With the commitments included in the draft PUD Ordinance and the conditions
recommended by staff, the living conditions in the neighborhood should not be adversely
influenced as a result of the proposed amendment.
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 will continue to have 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 each development order (SDP or Plat). Additionally, the project's development
must comply with all other applicable concurrency management regulations when
development approvals are sought.
8. Whether the proposed change will create a drainage problem.
The proposed PUD Amendment request is not anticipated to create adverse drainage
impacts in the area; provided stormwater best management practices, treatment, and
storage on this project are addressed through Environmental Resource Permitting (ERP)
with the South Florida Water Management District (SFWMD). County staff will evaluate
the project's stormwater management system, calculations, and design criteria at the time
of SDP and/or PPL.
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9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated the changes proposed to this PUD Amendment would seriously reduce
light or air to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors including
zoning; however, zoning by itself may or may not affect values, since value determination
is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
All immediately adjacent properties are developed. The proposed amendments should not
be a deterrent to improvement or redevelopment of adjacent properties.
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 development complies with the GMP through the proposed amendment,
then that constitutes a public policy statement supporting zoning actions when they are
consistent with said Comprehensive Plan. In light of this fact, the proposed change does
not constitute a grant of special privilege. The commitments included in the draft PUD
Ordinance and the conditions recommended by staff are in the interest of the 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 zoological attraction and government facilities cannot be developed without
amending the PUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County. n
as
It is staff s opinion that the proposed uses, associated development standards, developer
commitments and recommended conditions will ensure that the project is not out of scale y
with the needs of the community. ,
N
15. Whether is it impossible to find other adequate sites in the County for the proposed N
use in districts already permitting such use. o
c
The petition was reviewed for compliance with the GMP and the LDC, and staff does not E
E
specifically review other sites in conjunction with a specific petition.
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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 PUD Document would require considerable site
alteration, and this project will undergo extensive evaluation relative to all federal, state,
and local development regulations during the SDP and/or platting processes, and again
later as part of the building permit process. Due to the proximity of a County well near the
northeast corner of the property, there is limited usability of the portion of Tract A that lies
in the "Wellhead Protection Area," which is a 500-foot radial setback distance from public
potable water wells (Chapter 62-521, Florida Administrative Code), where the following
are prohibited: aboveground storage tanks (Chapter 62-762, F.A.C.), underground storage
tanks (Chapter 62-716, F.A.C.), and all discharges of industrial wastewater to groundwater.
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 activity proposed by this amendment will is consistent with the applicable public
facility levels of service adopted in the GMP.
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.
To be determined by the Board during its advertised public hearing.
DEVIATION DISCUSSION:
The PUD was approved via Ordinance 11-30 with one deviation. The petitioner is now seeking to
remove the approved deviation and add three new deviations (see draft Ordinance, Exhibit F). The
petitioner's justification and staff analysis/recommendation for these deviations are listed below.
Deviation #1: (Fences and Walls)
Relief from LDC Section 5.03.02 D.1., "Fences and Walls, Excluding Sound Walls", which
requires fences or walls shall be limited to a maximum height of 8 feet to instead allow a
combination wall/berm of up to 12 feet for the perimeter and internal enclosures of the Shy Wolf
tract containing animal enclosures. Applies to Tract C.
Petitioners Justification: According to FAC 68A-6.0122 - Standard Caging Requirements for Wild
Felines, section 1(c), outdoor cages over 1,000 square feet (uncovered) shall have vertical jump
walls at least 10 feet high, with a 2-foot, 45 degree, inward angle overhang, or jump walls at least
12 feet high, without an overhang.
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Moreover, according to FA 68A-6.0123 - Standard Caging Requirements for Wild Canids.
Section (3)(c), Wolves, outdoor cages over 1, 000 square feet (uncovered) shall have vertical jump
walls at least 8 feet high, with a 45-degree inward angle overhang 2 feet wide or, jump walls 10
feet high without an overhang.
Staff Analysis and Recommendation: Staff recommends APPROVAL. The petitioner has
demonstrated that the maximum 8 feet in fence or wall height may be increased for Tract C because
it supports the health, safety and welfare of the community per LDC section 10.02.13.A.3. This
deviation is justified as meeting public purposes to a degree at least equivalent to literal application
of such regulations per LDC section 10.02.13.B.5.h.
Deviation #2: (Buffer Requirements)
Relief from LDC Section 4.06.02 CA., "Buffer Requirements" which requires developments of 15
acres or more and developments within an activity center shall provide a perimeter landscape
buffer of at least 20 feet in width regardless of the width of the right-of-way to instead allow the
buffer depth to be reduced to 14 feet along the building area and associated driveway and parking,
approximately 146 feet as shown on the Master Plan. Applies to Tract C.
Petitioners Justification: The southernmost home is 14.1 ' from the right-of-way easement. The
structure will continue to serve the Shy Wolf development. The deviation is not to reduce the
planting requirement but rather to allow the existing structure to remain and reduce the buffer
depth along the fagade of the building, driveway and parking area accordingly.
Staff Analysis and Recommendation: Staff 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 #3: (Preservation Standards)
Relief from LDC Section 3.05.07 A.5., "Preservation Standards", which requires preservation
areas shall be interconnected within the site and to adjoining off -site preservation areas or wildlife
corridors, to allow the onsite preserves to be non-contiguous.
Petitioners Justification:
The deviation is warranted due to several factors. One, the site has been previously impacted and
developed with single family homes. This development activity, while it has allowed for the
retention of native upland vegetation, is not contiguous to any other native vegetation preservation
area. While portions of the overall property have not yet been developed and remain vegetated,
the parcel is platted and could be developed with single-family homes with no requirement to
provide native vegetation preservation. The areas included in the preserve on the PUD Master
Plan will be revegetated in accordance with the preserve criteria in the LDC. The site will likely
be developed by three separate entities, thus the three development area designations on the
Master Plan; therefore, providing all of the required native vegetation preserve on a single entity
is not equitable. Further, the area depicted as preserve on the conceptual PUD Master Plan is
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consistent with the preserve location incorporated into the Estates Shopping Center subdistrict of
the GGAMP.
Staff Analysis and Recommendation: Environmental Planning staff recommends APPROVAL
for the proposed deviation request. While portions of the overall property have not been developed
and remain vegetated, the parcel is platted and could be developed with single-family homes with
no requirement to provide native vegetation preservation. Additionally, the location of the
preserves will provide a larger buffer between the development and the residential areas to the
north of the site. The impacted areas will be revegetated in accordance with LDC Section
3.05.07.H. Levi "Created Preserves."
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on December 9, 2020 at North Collier Regional Park Exhibit Hall
— Room A located at 15000 Livingston Road. The meeting commenced at approximately 5:30
p.m. and ended at 6:14 p.m. Rich Yovanovich and Wayne Arnold, the agent, gave a PowerPoint
presentation. The request was described as a request to decrease commercial uses from 150,000 to
50,000 square feet with addition of residential use ranging from 8-50 units on a portion of the
PUD. The meeting was opened to attendees for questions. The concerns were density, low-income
housing, traffic access points, and roundabouts. No commitments were discussed at the NIM
meeting. A copy of the NIM materials are included in Attachment C.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does require Environmental Advisory Council (EAC) review, as this project does meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Code of Laws and Ordinances. Specifically, Deviation #3 is being requested to allow two
preserves that are not connected within the site. See above for the staff analysis and
recommendation to approve Deviation #3.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report on September 21, 2021.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of approval
of PUDA-PL20190002354 subject to the companion GMPA being adopted and becoming
effective, subject to the EAC recommendation of approval for Deviation #3 (Preservation
Standards), and subject to the following conditions:
Operational Standards for Tract A: Hours of operation for other retail and office uses
remain 6 am to 9 pm. (Exhibit A, L D. Lb)
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9.A.a
2. Operational Standards for Tract A: Outdoor music remains prohibited (Exhibit A, I.D.)
3. The applicant shall meet or exceed the FDEP program that incorporates the Wellhead
Protection rule and the groundwater protection measures administered and regulated by
FDEP regulatory programs, to include any precautionary enhancements that will ensure
the protection of the County's wellfield, to be determined at time of SDP.
Attachments:
A) Proposed Ordinance
B) Property Owner List
C) Application/Backup Materials
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9.A.b
ORDINANCE NO.2021-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2011-30, THE ESTATES SHOPPING CENTER
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS
AMENDED, BY ADDING COMMERCIAL, PUBLIC, CIVIC AND
INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME
USES, DEVELOPMENT OF UP TO 12 RESIDENTIAL DWELLING
UNITS; REDUCING COMMERCIAL SQUARE FOOTAGE FROM
150,000 TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM
SQUARE FOOTAGE LIMITATION; ADDING DORMITORIES AS AN
ACCESSORY USE ON TRACT C; REMOVING OUTDOOR MUSIC
PROHIBITION; REMOVING SINGLE COMMERCIAL USE AND
BUILDING SIZE LIMITATIONS; REDUCING SETBACKS AND
LANDSCAPE BUFFER WIDTHS; REMOVING PHASING AND
DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE
DATE. THE SUBJECT PROPERTY IS 41f ACRES AND LOCATED
AT THE NORTHWEST QUADRANT OF GOLDEN GATE
BOULEVARD AND WILSON BOULEVARD, IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA. [PL20190002354]
WHEREAS, on September 14, 2011, the Board of County Commissioners approved
Ordinance Number 2011-30, the Estates Shopping Center Commercial Planned Unit
Development (the "CPUD"); and
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
and D. Wayne Arnold of Q. Grady Minor & Associates representing Richard D. Yovanovich as
Successor Trustee, petitioned the Board of County Commissioners to amend the CPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2011-30, as
amended
Exhibits A through F attached to Ordinance No. 2011-30, as amended, are hereby
amended for a 41t acre project known as the Estates Shopping Center CPUD in accordance with
the revised Exhibits A through F attached hereto and incorporated herein by reference.
[20-CPS-02004/1665012/1]144
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SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2021 - becomes
effective.
PASSED AND DULY ADOPTED by super -majority vote of the Board of County
Commissioners of Collier County, Florida, this day of
ATTEST:
CRYSTAL K. KINZEL, CLERK
Lo
Deputy Clerk
Approved as to form and legality:
f
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit A — Permitted Uses
Exhibit B — Development Standards
Exhibit C — Master Plan
Exhibit D — Legal Description
Exhibit E — List of Development Commitments
Exhibit F — Deviations from the LDC
[20-CPS-02004/1665012/1]144
Estates Shopping Center
PL20190002354
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2 of 2
2021.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman
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9.A.b
EXHIBIT A
FR
ESTATES SHOPPING CENTER CPUD
PERMITTED USES
A maximum of 50,000 square feet of gross commercial floor area shall be permitted within the CPUD. The
limitation herein does not apply to governmental facilities, animal shelters, animal service centers, wildlife
refuges and sanctuaries, zoological attractions, veterinary services, or their accessory uses. Commercial
uses are limited to permitted uses in the C-1 to C-3 zoning district.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,
for other than the following:
Al. COMAIERC TRACT A:
No building or- stpaetffe, or- paA thereof-, sha4l be > used,
or- landused, in whole e
in paA for- other- tha the F 11ow ng: Tract A accommodates commercial uses typical of the C-1
through C-3 zoning districts, as more specifically listed below.
A. Principal Uses:
Amusement and recreation
Groups 7911 —Dance studios, schools and halls, excluding discotheques
7991 — Physical fitness facilities
7999 — Amusement and recreation services, not elsewhere classified, allowing
only day camps, gymnastics instruction, judo/karate instruction,
sporting goods rental and yoga instruction (excludes NEC Recreational
Shooting Ranges, Waterslides, etc.)
2. Apparel and accessory stores (no adult oriented sales)
Groups 5611 — Men's and boys' clothing and accessory stores
5621 — Women's clothing stores
5632 — Women's accessory and specialty stores
5641 — Children's and infants' wear stores
5651 — Family clothing stores
5661 — Shoe stores
5699 — Miscellaneous apparel and accessory stores
3. Automotive dealers and gasoline service stations
Groups 5531 — Auto and home supply stores
4. Automotive repair, services and parking (no outdoor repair/service. All repairs/services to
be performed by authorized automotive technician.)
Groups 7514 — Passenger car rental
5. Building materials, hardware, garden supply, and mobile home dealers
Groups 5231 — Paint, glass, and wallpaper stores
5251 — Hardware stores
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
5261 — Retail nurseries, lawn and garden supply stores
6. Business services
Groups 7334 —
Photocopying and duplicating services
7335 —
Commercial photography
7336 —
Commercial art and graphic design
7338 —
Secretarial and court reporting services
7342 —
Disinfecting and pest control services
7359 —
Equipment rental and leasing, not elsewhere classified (excluding the
following uses):
Airplane rental and leasing
Coin operated machine rental and leasing
Industrial truck rental and leasing
Oil field equipment rental and leasing
Oil well drilling equipment rental and leasing
Toilets, portable rental and leasing
Vending machines, rental only
7371 —
Computer programming services
7372 —
Prepackaged software
7373 —
Computer integrated systems design
7374 —
Computer processing and data preparation and processing services
7375 —
Information retrieval services
7376 —
Computer facilities management services
7379 —
Computer related services, not elsewhere classified
7382 —
Security systems services
7383 —News
syndicates
7384 —
Photofinishing laboratories
7389 —
Business services, not elsewhere classified
7. Communications
Groups 4812 — Radiotelephone communications
4841 — Cable and other pay television services
Construction special trade contractors (office use only, no on -site materials or equipment
storage)
Groups 1711
— Plumbing, heating and air-conditioning
1721
— Painting and paper hanging industry
1731
— Electrical work industry
1741
— Masonry, stone setting, and other stone work
1742
— Plastering, drywall, acoustical, and insulation work
1743
— Terrazzo, tile, marble, and mosaic work industry
1751 — Carpentry work
1752 — Floor laying and other floor work, not elsewhere classified industry
1761 — Roofing, siding, and sheet metal work industry
1771 — Concrete work industry
1781 — Water well drilling industry
1791 — Structural steel erection
1793 — Glass and glazing work
1794 — Excavation work
1795 — Wrecking and demolition work
1796 — Installation or erection of building equipment, not elsewhere
1799 — Special trade contractors, not elsewhere classified
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
9. Depository institutions
Groups 6021
— National commercial banks
6022
— State commercial banks
6029
— Commercial banks, not elsewhere classified
6035
— Savings institutions, federally chartered
6036
— Savings Institutions, not federally chartered
6061
— Credit unions, federally chartered
6062
— Credit unions, not federally chartered
6091
— Non -deposit trust facilities
6099
— Functions related to depository banking, not elsewhere classified
10. Eating and places (Group 5812, liquor service only allowed if
accessory to the restaurant use, no outdoor music or televisions, no windows or walls
permitted to be open to the outside, except as required by code.)
11. Executive, legislative, and general government, except finance
Groups 9111 —Executive offices
9121 — Legislative bodies
9131 — Executive and legislative offices combined
9199 — General government, not elsewhere classified
12. Food stores
Groups 5411
— Grocery stores, including convenience stores with fuel pumps{efie Mus
be 27,000 feet)
5421
a minim -um square
— Meat and fish (seafood) markets, including freezer provisioners
5431
— Fruit and vegetable markets
5441
— Candy, nut, and confectionery stores
5451
— Dairy products stores
5461
— Retail bakeries
5499
— Miscellaneous food stores, ineluding eenvenienee sterol A .:t>, f iel pumps
(T -aet B efil )
13. General merchandise stores
Groups 5311 —Department stores
5331 —Variety stores
5399 — Miscellaneous general merchandise stores
14. Health services
Groups 8011
— Offices and clinics of doctors of medicine
8031
— Offices and clinics of doctors of osteopathy
8041
— Offices and clinics of chiropractors
8042
— Offices and clinics of optometrists
8043
— Offices and clinics of podiatrists
8049
— Offices and clinics of health practitioners, not elsewhere classified
4A-.15. Home furniture, furnishings, and equipment stores
Groups 5712 — Furniture stores
5713 — Floor covering stores
5714 — Drapery, curtain, and upholstery stores
5719 — Miscellaneous home furnishings stores
5722 — Household appliance stores
Words underlined are additions; words st�•e'�gh are deletions
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9.A.b
5731 — Radio, television, and consumer electronics stores
5734 — Computer and computer software stores
5735 — Record and prerecorded tape stores (no adult oriented sales)
5736 — Musical instrument stores
4-516. Insurance carriers
Groups 6311 —Life insurance
6321 — Accident and health insurance
6324 — Hospital and medical service plans
6331 — Fire, marine, and casualty insurance
6351 — Surety insurance
6361 — Title insurance
6371 — Pension, health and welfare funds
6399 — Insurance carriers, not elsewhere classified
6411 — Insurance agents
4,617. Justice, public order and safety
Groups 9221 — Police protection
9222 — Legal counsel and prosecution
9229 — Public order and safety, not elsewhere classified
4-7-.18. Meeting and banquet rooms
44,19. Miscellaneous retail (no adult oriented sales)
Groups 5912 — Drug stores and proprietary stores
5921 — Liquor stores (accessory to grocery or pharmacy only)
5932 — Used merchandise stores
5941 — Sporting goods stores and bicycle shops
5942 — Book stores
5943 — Stationery stores
5944 — Jewelry stores, including repair
5945 — Hobby, toy, and game shops
5946 — Camera and photographic supply stores
5947 — Gift, novelty, and souvenir shops
5948 — Luggage and leather goods stores
5949 — Sewing, needlework, and piece goods stores
5992 — Florists
5993 — Tobacco stores and stands
5994 — News dealers and newsstands
5999— Miscellaneous retail stores, not elsewhere classified (excluding
gravestone, tombstones, auction rooms, monuments, swimming pools,
and sales barns)
4-9--.20. Non -depository credit institutions
Groups 6111 — Federal and federally -sponsored credit agencies
6141 — Personal credit institutions
6153 —Short-term business credit institutions, except agricultural
6159 — Miscellaneous business credit institutions
6162 — Mortgage bankers and loan correspondents
6163 — Loan brokers
20-.21. Offices and clinics of dentist (Group 8021)
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
24-.22. Personal services
Groups 7212 — Garment pressing, and agents for laundries and drycleaners
7221 — Photographic studios, portrait
7231 — Beauty shops
7241 — Barber shops
7251 — Shoe repair shops and shoeshine parlors
7291 — Tax return preparation services
7299 — Miscellaneous personal services, not elsewhere classified, excluding
massage parlors, Turkish baths and escort services
22:23. Public finance, taxation, and monetary policy (Group 9311)
23-24. Real Estate
Groups 6512
— Operators of nonresidential buildings
6513
— Operators of apartment buildings
6514
— Operators of dwellings other than apartment buildings
6515
— Operators of residential mobile home sites
6517
— Lessors of railroad property
6519
— Lessors of real property, not elsewhere classified
6531
— Real estate agents and managers
6541
— Title abstract offices
6552
— Land subdividers and developers, except cemeteries
24.25. Schools and educational services, not elsewhere classified (Group 8299)
2-5-.26. Security and commodity brokers, dealers, exchanges, and services
Groups 6211 — Security brokers, dealers, and flotation companies
6221 — Commodity contracts brokers and dealers
6231 — Security and commodity exchanges
6282 — Investment advice
6289 — Services allied with the exchange of securities or commodities, not
elsewhere classified
26-.27. Social services
Groups 8322 — Individual and family social services (adult day care centers only)
8351 — Child day care services
2-7-.28. Travel agencies (Group 4724)
28-.29. Veterinary services —for —/animal specialtyies services (Group 0742 and 0752,
excluding outdoor kenneling)
29-.30. Video tape rental (Group 7841, excluding adult oriented sales and rentals)
34D-. 31. United states postal service (Group 4311, excluding major distribution centers)
34-32. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") by the
process outlined in the LDC.
B. Accessory Uses:
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
1. Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
a. Utility buildings (including water and wastewater plants) which shall be enclosed.
b. Essential service facilities
c. Gazebos, pavilions, statuary and other architectural features
d. Utilities, water and wastewater facilities and/or plants, (all processing buildings must
be enclosed.)
-HC. Prohibited Uses:
Amusement and recreation services, not elsewhere classified (Group 7999, NEC
Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A-.I.A4
are permitted).
2. Air and water resource and solid waste management (Group 9511)
3. Business Services
Groups 7313 —Radio, television, and publishers' advertising representatives
7331 — Direct mail advertising services
4. Correctional Institutions (Group 9223)
5. Drinking places (alcoholic beverages) (Group 5813)
6. Educational services
Groups 8211 — Elementary and secondary schools
8221 — Colleges, universities, and professional schools
8222 — Junior colleges and technical institutes
8231 —Libraries
7. Health services
Groups 8062 — General medical and surgical hospitals
8063 — Psychiatric hospitals
8069 — Specialty hospitals, except psychiatric
8. Miscellaneous Retail
Groups 5921 — Liquor stores
5961 — Catalog and mail-order houses
5962 — Automatic merchandising machine operators
9. Personal services
Groups 7211 — Power Laundries, family and commercial
7261 — Funeral service and crematories
10. Social services
Groups 8322 — Individual and family social services, excluding adult day care centers
8361 — Residential care, including soup kitchens and homeless shelters
IUD. OPERATIONAL STANPA4U490perational Standards
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
Hours of Operation:
a. Gr-eeefy a -ad ilndoor restaurant uses: 6 am to 11 pm
b. Other retail and office uses: 6 am to 9-10 pm
c. Gas/convenience uses: 5—am to m'n424
hours
ed. Amplification devices serving drive-thru facilities: 6 am to 9 pm
€e. Outdoor dining: 6 am to 10 pm
All lighting shall be ar-ehiteetwally designed. Paf-kiag let lighting shall be lifnited
to 25 feet in height a -ad shall utilize low pr-esstffe sedium of similaf bulbs, whi
will be shielded ftem neigh or-ing r-esiden4ial W-ad uses. Halogen lighting shall
4.2. Outdoor dining:
Alcohol service for outdoor dining shall be accessory to food service. Outdoor
dining will be oriented to the south and the east.
5-3. Outdoor ffmsieamplified sound:
Outdoor amplified sound shall be
limited only to areas facing to the south or east and shall be permitted only until
9:00 pm.
IL TRACT B:
Accommodates local, state and federally owned or leased and operated government facilities. If not
developed with government facilities, Tract B may accommodate a maximum of 4 single family
dwellings subject to E, Estates, Development Standards in the LDC.
A. Principal Uses:
1. Administration of urban planning and community and rural development (Group 9532)
2. Essential services
3. General government services
Groups 9111 — Executive offices
9121 — Legislative bodies
9131 — Executive and legislative offices combined
9199 — General government, not elsewhere classified
9229 — Public order and safety, not elsewhere classified
9311 — Public finance, taxation, and monetary— policy
Words underlined are additions; words stmek through are deletions
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9.A.b
4. Land, mineral, wildlife, and forest conservation (Groin 9512)
5. Libraries (Group 8231
6. Parks and recreational uses
a
L
7. Sheriff's office (Group 9221)
as
t�
8. Veterans affair office (Group 9451) 0
c
9. Any other principal use which is comparable in nature with the foregoinglipermitted 0
principal uses, as determined by the Board of Zoning Appeals (`BZA")by the process M
outlined in the LDC.
d
M
B. Accessory Uses: w
Any other accessory and related use that is determined to be comparable in nature with the N
foregoing uses and consistent with the permitted accessory uses of this CPUD as determined by c
the BZA or the Hearing Examiner.
CN
O
C. Prohibited Uses:
a-
1. Probation Offices 0
0
2. Parole Offices
a
3. Correction facilities �►
c
0
N
III. TRACT C:
N
O
Accommodates not for profit Zoological attraction, animal services, and related facilities. If not N
developed with zoological attraction, animal services. and related facilities. Tract C may
accommodate a maximum of 8 single family dwellings subject to E, Estates, Development
Standards in the LDC. Existing residential lots mawplatted and reconfigured subject to E, N
Estates, Development Standards in the LDC, except that platted lots with non -conforming lot area V-
at time of adoption of this Ordinance may be replatted with the same non -conforming lot area.
d
A. Principal Uses:
c
1. Not for profit animal services center
2. Not for profit animal shelters (Group 0752) Q
c
3. Arboreta and botanical or zoological gardens (Group 8422) E
z
U
4. Exhibition operation, limited to zoological attractions and animal services (Group 7999)
r
Q
5. Noncommercial research organizations (Group 8733)
m
6. cif le family a.: ell nits 6 U Estates Dever �# Standards i the r C � + �
E
c�platted fien eeafefmifiR lots ma-Y be ZeWaAed with the same nen e0fifIgHnifI14
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
7. Veterinary clinic, services (Group 0742)
8. Not for profit wildlife refuge and sanctuary
9. Not for profit zoological attractions
10. An,, other use, which is comparable in nature with the foregoinglipermitted
principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing
Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the permitted principal uses and
structures, including but not limited to garages, cWorts, pavilions, swimming pools, spas and
screen enclosures.
2. Dormitories / student housing (Group 7021), incidental to and supporting of zoological
attraction and animal services.
3. Eating places (Group 5812), incidental to and supporting of zoological attraction and animal
services.
4. Gift, novelty and souvenir shops (Group 5947)
5. Greenhouses (Group 0182)
6. Picnic areas,, gardens, ponds
7. Storage and maintenance buildings
8. Water and sewer systems (essential services)
9. Farmer's market
10. Any other accessory and related use that is determined to be comparable in nature with the
foregoing uses and consistent with the permitted accessory uses of this CPUD as determined
by the BZA or the Hearing Examiner.
C. Prohibited Uses.
1. Correctional institutions (9223)
D. Operational Standards for Exotic and Non-native Animals:
1. Any zoological, wildlife refuge and sanctuary, animal shelter or service center use shall be
licensed and regulated by the Florida Fish and Wildlife Conservation Commission (F)KC)
and United States Department of Agriculture, Animal and Plant Health Inspection Service
(USDA -APHIS) in accordance with their containment and care requirements.
2. The entirety of the perimeter of any parcel utilized for zoological, wildlife refuge and
sanctuary, animal shelter or service center use shall be fenced or walled to meet or exceed
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Words underlined are additions; words s'��e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Pa-c 9 o'2 7
Packet Pg. 125
9.A.b
the requirements specified by FWC and USDA -APHIS standards and as allowed by
Deviation #1.
3. Public visitation hours shall be permitted between the hours of 9:00 AM and dusk daily.
4. An emergency management plan must be filed for a zoological or animal sanctuary use at
the time of site plan approval.
RIV. PRESERVE
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum
of-4-.24 4.17 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any
successor provision.
IA. Principal Uses:
a 1. Native preserves
1}2_Water management
E 3_Mitigation areas
d: 4. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose
of passage through or enjoyment of the site's natural attributes.
e 5_Any other conservation and related open space activity or use which is comparable in
nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee
determines to be compatible in the Preserve Area.
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
EXHIBIT B
FR
ESTATES SHOPPING CENTER CPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the Estates Shopping Center
CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC
in effect as of the date of approval of the SDP or subdivision plat.
WWI ' : ���ll II_! !? "Afl M r.�l7Ti i N��r tC�7���� �7� i] �Z�■�.lT�r. ,1TiTi i N by V i hi VIM Y ii ra
PRINCIPAL USES
ACCESSORY USES-3Z
MINIMUM LOT AREA
10,000 Sq. Ft.
N/A
MINIMUM LOT WIDTH
75 Ft.
N/A
MINIMUM YARDS SETBACKS (External)
From Wilson Boulevard
50-30 Ft.
45-30 Ft.
From Golden Gate Boulevard
55-5017t.
15 Ft.
From Northern Project Boundary
4-1-5-100 Ft.
4-1-5--75 Ft.
Strppt N300Ft
400 Ft.
From V Street NW
3-5-30 Ft.
30 Ft.
MINIMUM YARDS SETBACKS (Internal)
Internal Drives/ROW
20-10 Ft.
5 Ft.
Rear
15 Ft.
10 Ft.
Side
10 Ft.
10 Ft.
Preserve
25 Ft.
10 Ft.
MIN. DISTANCE BETWEEN STRUCTURES
20 Ft. or'/z the sum of
the building heights
N/A
MAXIMUM HEIGHT (single story only)
Zoned
Actual
35 Ft.
45 Ft.
35 Ft.
35 Ft.
MINIMUM FLOOR AREA
1,000 Sq. Ft.
N/A
MAX. GROSS COMMERCIAL BUILDING AREAS
45050,000 Sq. Ft.
N/A
1 Whichever is greater.
2-rl,..,,.1---- ...:1 l 1:.....'
32 n eoess,,..y uses ..ue ... Fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the
minimum principal or accessory setbacks as listed in Exhibit B, Table -I. Tract A, above, however they are subject to Sections
2.01.02, 4.02.02, 4.02.03 and 5.06.00 of the LDC.
'No building fnay exeeed 30,000 square feet in size, e3keept fer the greeer-y aftehered building with ifiliffe stores.
Words underlined are additions; words s'�•e'�gh are deletions
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9.A.b
II. TRACT B:
PRINCIPAL USES (1)
ACCESSORY USES
MINIMUM LOT AREA
N/A
N/A
MINIMUM LOT WIDTH
N/A
N/A
MINIMUM SETBACKS
From Golden Gate Boulevard
50 Ft.
50 Ft.
From Northern Project Boundary
75 Ft.
75 Ft.
From V Street NW
50 Ft.
25 Ft.
Preserve
25 Ft.
10 Ft.
MIN. DISTANCE BETWEEN STRUCTURES
10 Ft.
N/A
MAXIMUM HEIGHT (1)
Zoned
Actual
35 Ft.
45 Ft.
35 Ft.
35 Ft.
MINIMUM FLOOR AREA
1,000 Sq. Ft.
N/A
(1) Residential dwelling units per E, Estates Development Standards in the LDC and may be two stories
III. TRACT C:
PRINCIPAL USES (1)
ACCESSORY USES
MINIMUM LOT AREA
N/A
N/A
MINIMUM LOT WIDTH
N/A
N/A
MINIMUM SETBACKS
From Golden Gate Boulevard
50 Ft.
50 Ft.
From Northern Project Boundary
30 Ft.
30 Ft.
From 3rd Street NW
25 Ft.
25 Ft.
Preserve
25 Ft.
10 Ft.
MIN. DISTANCE BETWEEN STRUCTURES
Per Fire Code
N/A
MAXIMUM HEIGHT (1)
Zoned
Actual
35 Ft.
45 Ft.
35 Ft.
35 Ft.
MINIMUM FLOOR AREA
1,000 Sq. Ft.
N/A
(1) Residential dwelling units per E, Estates Development Standards in the LDC and may be two stories.
Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 12 of 27
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MASTER PLAN
REVISED: 07/28/2021
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SITE SUMMARY
TOTAL SITE AREA: 40.62± ACRE
TRACT A:
10.17± AC (25%)
TRACT B:
7.64± AC (19%)
TRACT C:
13.69± AC (34%)
PRESERVE:
4.17± AC (10%)
ROW EASEMENTS:
4.95± AC (12%)
MAXIMUM COMMERCIAL BUILDING AREA:
MAXIMUM RESIDENTIAL DWELLING UNITS
OVERALL OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30%
PRFSFRVF-
50,000 S.F.
12
REQUIRED: 4.17 ACRES (27.81+/- ACRES NATIVE VEGETATION X 0.15)
PROVIDED: 4.17 ACRES
DEVIATIONS:
1❑. FROM LDC SECTION 5.03.02 D.1., "FENCES AND WALLS, EXCLUDING SOUND WALLS"
2❑. FROM LDC SECTION 4.06.02 CA., "BUFFER REQUIREMENTS"
3❑. FROM LDC SECTION 3.05.07 A.5., "PRESERVATION STANDARDS"
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE
TO AGENCY PERMITTING REQUIREMENTS.
2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER
REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH
LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH
NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION
3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER,
A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON
THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET
BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL
PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6'
WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE,
AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT
TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR
THE SDP OR PLAT.
ESTATES SHOPPING CENTER CPUD
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Civil Engineers . Land Surveyors Planners Landscape Architects MASTER PLAN NOTES Ex E,�°�°
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9.A.b
EXHIBIT D
FR
ESTATES SHOPPING CENTER CPUD
LEGAL DESCRIPTION
A PORTION OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT
PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING
IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT
NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°40'50" WEST, ALONG THE SOUTH
LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO
THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11;
THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST
CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT
No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE
SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF
SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 0099'10" EAST, FOR A
DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE
NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE
OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150
FEET OF SAID TRACT 111; THENCE RUN SOUTH 00° 19' 10" WEST, FOR A DISTANCE OF 75.00
FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID
GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN SOUTH 89°40'50" EAST, FOR A DISTANCE
OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142;
THENCE RUN SOUTH 00019'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES,
MORE OR LESS.
Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 16 of 27
Packet Pg. 132
9.A.b
EXHIBIT E
FR
ESTATES SHOPPING CENTER CPUD
LIST OF DEVELOPMENT -ER COMMITMENTS
_UTZI
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A. TRANSPORTATION
The development of this CPUD shall be subject to and governed by the following
conditions:
Right -of -Way for Golden Gate Boulevard Expansion and Right -of -Way for the Wilson
Boulevard Expansion will be donated to the County at no cost to County within 120
days of a written request from the County.
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32. The f,- f development, : elusive of the ,.oa greeer-y store anr-eeognized
ne greater * 100,000 eet-, shall have a proportionate share
responsibility towards intersection improvements at Wilson and Golden Gate
Boulevard.
-53. Access points shown on the Master Plan are conceptual.
Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 17 of 27
Packet Pg. 133
9.A.b
64. Up to f uF p t—aeeesseeutieas— are posed Access points will be
determined at Site Development Plan review in accordance with the County Access
Management Policy:_
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5. The PUD shall be limited to a maximum of 550 p.m. peak hour two-way trips based
on the use codes in the ITE Manual on trip generation rates in effect at the time of
application for SDP/SDPA or subdivision plat approval.
B. BUS SHELTERS
The developer shall install or make payment in lieu of construction for two school bus
stop shelters, which shall be installed at or near the intersection of lst Street N.W. and
Golden Gate Boulevard. If authorized by the School District the shelter size and
location shall be coordinated with the Collier County School District. Installation of
the shelters shall be concurrent with issuance of the first commercial building
certificate of occupancy if constructed by Developer.
2. At the request of Collier County, the developer shall install or make payment in lieu of
construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop
with shelter. The exact location will be determined during site development plan
review for P4 as"the commercial phase of the project. If constructed by County,
owner shall convey to County an easement for the bus shelter at no cost to County.
C. LANDSCAPE BUFFERS
Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 18 of 27
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9.A.b
■
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1. Preserves may be used to satisfv the landscape buffer reauirements after exotic
vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1.
Supplemental plantings with native plant materials shall be in accordance with LDC
section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot
wide landscape buffer reservation has been identified on the Master Plan. In the event
that the preserve does not meet buffer requirements after removal of exotics and
supplemental planting within the preserve, plantings will be provided in the 6-foot
wide reservation to meet the buffer requirements. The type, size, and number of such
plantings, if necessary, will be determined at time of initial SDP or plat and included
on the landscape plans for the SDP or plat.
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D. ENVIRONMENTAL
1. A minimum of 15% of the on -site native vegetation must be retained. 2S-.0127.81f
acres of native vegetation exists requiring preservation of 4.2-�17f acres of native
vegetation. See calculation below. (40.62::L acres (total site) - 12.5381± acres (7.5482
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ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28-.0127.81f acres
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(native vegetation) x 15% = 4.2-�17f acres (required preserve).
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2. A Black Bear Management Plan and a Fox Squirrel Management Plan are to be
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submitted at the time of SDP.
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3. The owner shall meet the FDEP program that incorporates the Wellhead Protection
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rule and the groundwater protection measures administered and regulated by FDEP
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regulatoryto include any precautionary enhancements that will ensure the
2
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protection of the County's wellfield, to be determined at time of SDP.
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E. MISCELLANEOUS
M
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1. Issuance of a development permit by a county does not in any way create any rights�on
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the part of the applicant to obtain a permit from a state or federal agency and does not
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create any liability on the part of the county for issuance of the permit if the applicant
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fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
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agency or undertakes actions that result in a violation of state or federal law.
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2. All other applicable state or federal permits must be obtained before commencement
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of the development.
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3. Parkin lot of lighting shall be dark sky compliant (flat panel, full cut off fixtures—
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backlight, uplight and glare rating where U = 0) to avoid light spill onto
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adjacent properties. Fixtures within 50-ft of residential properties along the PUD
N
boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site
N
light poles shall not exceed a 25-ft mounting height.Light levels along the PUD
boundary shall be limited to no more than 0.2-ft-candles along the joint grope line
•
where adjacent to residential property.
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F. PUD MONITORING
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One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until
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close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the Managing
Entity is Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142-
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1087. Should the Managing Entity desire to transfer the monitoring and commitments to a
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successor entity, then it must provide a copy of a legally binding document that needs to be
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approved for legal sufficiency by the County Attorney. After such approval, the Managing
Entity will be released of its obligations upon written approval of the transfer by County staff,
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and the successor entity shall become the Managing Entity. As Owner and Developer sell off
a
tracts, the Managing ntity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the new
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owner's agreement to comply with the Commitments through the Managing Entity, but the
Managing Entity shall not be relieved of its responsibility under this Section. When the PUD
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is closed -out. then the Manaaine Entitv is no longer responsible for the monitoring and
fulfillment of PUD commitments.
Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 20 of 27
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EXHIBIT F
ESTATES SHOPPING CENTER CPUD
DEVIATIONS FROM THE LDC a
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Standards, whieh r-equir-es a five foot mininitim sethaek 4om Preserve, to pefmit a sotmd wall to
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be eenstfueted adjaeent to the preserve in the leea4ien depieted on Exhibit G, Master- Plan.
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Deviation 1: Relief from LDC Section 5.03.02 D.1., "Fences and Walls, Excluding Sound Walls", Q
which requires fences or walls shall be limited to a maximum height of 8 feet to instead 0
allow a combination wall/berm of up to 12 feet for the perimeter and internal Cn
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enclosures of the Shy Wolf tract containing animal enclosures. Applies to Tract C. 2
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Deviation 2: Relief from LDC Section 4.06.02 CA "Buffer Requirements" which requires �
developments of 15 acres or more and developments within an activity center shall N
provide a perimeter landscape buffer of at least 20 feet in width regardless of the width c
of the right-of-way to instead allow the buffer depth to be reduced to 14 feet along the a
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building area and associated driveway and parking, approximately 146 feet as shown N
on the Master Plan. Applies to Tract C. a
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Deviation 3: Relief from LDC Section 3.05.07 A.5, "Preservation Standards", which requires
preservation areas shall be interconnected within the site and to adjoining off -site a
preservation areas or wildlife corridors, to instead allow the onsite preserves to be
non-contiguous.
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Words underlined are additions; words s'�•e'�gh are deletions
PL20190002354 Estates Shopping Center October 8, 2021 Page 27 of 27
Packet Pg. 143
Estates Shopping Center CPUD (PL20210001723)
9.A.c
Parcel ID Site Address
37119840001 No site address
37119880003 No site address
37119800009 110 1" St NW
Property Owner List
Property Owner
Richard D. Yovanovich as Successor
Trustee of Land Trust 850.018
under Land Trust Agreement dated
October 4, 2005
Richard D. Yovanovich as Successor
Trustee of Land Trust 850.018
under Land Trust Agreement dated
October 4, 2005
Richard D. Yovanovich as Successor
Trustee of Land Trust 850.033
under Land Trust Agreement dated
December 1, 2005
July 12, 2021 W
GradyMinor
RCESC-19 Property Owner List. docx
Chit Engineers • Land Surveyors • Planners • Landscapr lrchilccls
Address
c/o Crown Management
Services, 207 Cherry Hill Drive,
Presto, PA 15142-1087
c/o Crown Management
Services, 207 Cherry Hill Drive,
Presto, PA 15142-1087
c/o Crown Management
Services, 207 Cherry Hill Drive,
Presto, PA 15142-1087
Page 1 of 1
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.co Packet Pg. 144
9.A.d
Cofer County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliercountvfl.gov
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Hybrid Virtual Quasi -Judicial Public Hearing Waiver
For Petition Number(s):
Emergency/Executive Order 2020-04
Hearing of the Collier County Planning Commission
and Board of County Commissioners
PL20190002353 and PL20190002354
Richard D. Yovanovich as Successor Trustee
Regarding the above subject petition number(s), (Name of
Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the
Collier County Planning Commission and Board of County Commissioners, and waives the right to
contest any procedural irregularity due to the hybrid virtual nature of the public hearing.
Name:
Richard D. Yovanovich as Successor Trustee Date: August 17, 2021
r
Signature*: `i—{�✓t ,� `�..: !
❑✓ Applicant
❑ Legal Counsel to Applicant
* This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an
officer of the corporate entity) or the legal counsel to the Applicant.
Packet Pg. 145
a0do:�
9.A.f
a ()10
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that a public hearing will be held by Collier County Board of County Commissioners
(BCC) on October 26, 2021, in the Board of County Commissioners Meeting Room; Third Floor, Collier Government
Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two County Ordinances. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinances are as follows:
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 ESTATES SHOPPING
CENTER SUBDISTRICT OF THE ESTATES COMMERCIAL -DISTRICT OF THE RURAL GOLDEN GATE ESTATES SUB -
ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND FUTURE LAND USE MAPS TO ADD COMMERCIAL,
PUBLIC, CIVIC AND INSTITUTIONAL USES; OR, IN THE ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO
12 SINGLE FAMILY RESIDENTIAL DWELLING UNITS; REDUCE COMMERCIAL SQUARE FOOTAGE', FROM 190,000
TO 50,000 EXCLUDING SOME USES FROM THE MAXIMUM SQUARE FOOTAGE LIMITATION; REMOVE OUTDOOR
MUSIC PROHIBITION; REMOVE SINGLE COMMERCIAL USE AND BUILDING' SIZE LIMITATIONS; REDUCE
SETBACKS AND LANDSCAPE BUFFER WIDTHS; AND REMOVE PHASING AND DEVELOPER COMMITMENTS; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 412 ACRES AND LOCATED AT THE NORTHWEST
QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SEC�ION 4, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002353]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA AMENDING
ORDINANCE NUMBER 2011-30, THE ESTATES SHOPPING CENTER COMMERCIAL LANNED UNIT DEVELOPMENT
(CPUO), AS AMENDED, BY ADDING COMMERCIAL, PUBLIC; CIVIC AND INST TUTIONAL USES; OR, IN THE
ALTERNATIVE TO SOME USES, DEVELOPMENT OF UP TO 12 SINGLE FAMILY RE SIDENTIAL DWELLING UNITS;
REDUCING COMMERCIAL SQUARE FOOTAGE FROM 150,000 TO 50,000 EXCLUDING SOME USES FROM THE
MAXIMUM SQUARE FOOTAGE LIMITATION; ADDING DORMITORIES AS AN ACCESSORY USE ON TRACT C;
REMOVING OUTDOOR MUSIC PROHIBITION; REMOVING SINGLE COMMERCIAL USE AND BUILDING SIZE
LIMITATIONS; REDUCING SETBACKS AND LANDSCAPE BUFFER WIDTHS; REMOVING PHASING AND DEVELOPER
COMMITMENTS; AND PROVIDING AN EFFECTIVE.DATE. THE SUBJECT PROPERTY IS 41m ACRES AND LOCATED
AT THE NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 4,
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002354]
- - _
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Copies of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation.
of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection
of any individual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material
a minimum of 3 weeks prior to the respective public hearing. In anycase, written materials intended to be considered
by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the
opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely, should register any time after the agenda is posted on the County website which is 6
days before the meeting through the link provided on the front page of the County website at www.colliercountvfl.
gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. For additional information about the meeting, please call Geoffrey Wiilig at 252-8369 or
email to Geoffrey.Wiliig0colliercountvfl.gov.
Any person who decides to appeal any decision of the Board 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 Tamiaml 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.
BOARD, OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
ND-GCI0702037-01
Packet Pg. 146