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HEX Agenda 07/28/2022Collier County Hearing Examiner Page 1 Printed 7/20/2022 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 July 28, 2022 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Thomas.Clarke@CollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner 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 to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. July 2022 Collier County Hearing Examiner Page 2 Printed 7/20/2022 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. Petition No. CCSV - PL20210001198 - Request to consider a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for a 13.7-foot variance from the Coastal Construction Setback Line to allow for two underground propane tanks. [Craig Brown, Principal Environmental Specialist] Commission District 2 B. Petition No. PCUD-PL20220001813 - Request for a comparable use determination that a veterinary clinic and animal hospital (SIC Code 0742) is comparable, compatible, and consistent with the permitted uses in Section 3.2.2 of the Southwest Professional Health Park Planned Unit Development (PUD), Ord. No. 96-81, as amended. The subject parcel is approximately 1 acre and is located on the south side of Immokalee Road approximately a quarter-mile east of the intersection of Goodlette Frank Road and Immokalee Road in Section 26, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commission District 2 4. Other Business 5. Public Comments 6. Adjourn 07/28/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: Petition No. CCSV - PL20210001198 - Request to consider a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for a 13.7-foot variance from the Coastal Construction Setback Line to allow for two underground propane tanks. [Craig Brown, Principal Environmental Specialist] Commission District 2 Meeting Date: 07/28/2022 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/19/2022 11:50 AM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 05/19/2022 11:50 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 05/19/2022 12:05 PM Growth Management Department Jaime Cook Additional Reviewer Completed 05/23/2022 12:15 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 05/24/2022 5:19 PM Growth Management Department Kirsten Wilkie Additional Reviewer Completed 06/03/2022 3:30 PM Zoning Ray Bellows Review Item Completed 06/06/2022 10:50 AM Zoning Mike Bosi Review Item Completed 06/08/2022 8:54 AM Hearing Examiner Andrew Dickman Meeting Pending 07/28/2022 9:00 AM 3.A Packet Pg. 3 CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 1 of 8 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT DEVELOPMENT REVIEW DIVISION ENVIRONMENTAL SERVICES HEARING DATE: JUNE 9, 2022 SUBJECT: CCSV - PETITION PL20210001198 - 7409 Bay Colony Drive. PROPERTY OWNER/AGENT: Owner: Agent: Paul R. Faganel REV Trust, Wendy C Faganel Rev Trust Humiston and Moore Engineers 12870 Trade way Four STE 107-106 5679 Strand Court Bonita Springs, FL 34135 Naples, FL 34110 REQUESTED ACTION: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for a 13.7-foot variance from the Coastal Construction Setback Line to allow for two underground propane tanks. GEOGRAPHIC LOCATION: The subject property is located on property at 7409 Bay Colony Drive and further described as Pelican Bay Unit 8 that portion of TR” A” DESC in OR 1766 PG 1309 A/K/A Site 2 (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposal consists of installing two underground propane tanks seaward of the CCSL. The home is currently under construction through permit number PRBD20200312615. 3.A.a Packet Pg. 4 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 2 of 8 CCSL VARIANCE REQUEST The proposed improvements require a public hearing in front of the Hearing Examiner to consider approval of a Variance to build seaward of the Coastal Construction Setback Line (CCSL). The aerials provided by the petitioner depict the subject property with existing and proposed structures in relation to the CCSL as well as other beach front properties in the immediate contiguous area within Pelican Bay along Bay Colony Drive. The applicant proposes to install two underground propane tanks that will extend 13.7 feet beyond the CCSL. The propane tanks will be placed approximately 49.6’ feet from the landward edge of the vegetation line and approximately 198.8 feet from Mean High-Water Line (MHWL). The proposed propane tanks will be placed within an existing Utility Easement (OR 1609, PG 370) in accordance with an encroachment agreement provided in the Application and Supporting Documents (Pages 7 – 15). SITE PLAN The Aerial/Construction Site Plan is two pages provided in the Application and Supporting Documents (Pages 17 – 18). The site plan on page 18 is a close-up of the proposed improvements seaward of the CCSL. 3.A.a Packet Pg. 5 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 3 of 8 SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single residential development with a zoning designation of PUD. North: Single Family residential development with a zoning designation of PUD. South: Single Family residential development with a zoning designation of PUD. East: Bay Colony Drive followed by preserved native vegetation Zoning designation of PUD. West: Gulf of Mexico. Aerial exhibit provided by Collier County GIS. GROWTH MANAGEMENT (GMP) IMPACT: CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP OBJECTIVE 10.4: Restore and then maintain, when appropriate, developed coastal barriers and developed shorelines, by establishing mechanisms or projects which limit the effects of development and restores the natural functions of coastal barriers, including beaches and dunes. Staff comment: The policies below primarily address the need for dune restoration on developed shorelines. The applicant will provide a dune restoration plan that must be completed prior to certificate of occupancy. 3.A.a Packet Pg. 6 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 4 of 8 Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Staff comment: The proposed project requires the removal and treatment of invasive exotic plants from the beach dune vegetation; dune restoration will be required prior to the final inspection for the building permit. Policy 10.4.3: Collier County shall prohibit activities which would result in man-induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach erosion. Staff comment: The proposed project will not impact the existing beach dune vegetation and not create beach erosion. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Staff comment: The proposed project includes dune restoration of disturbed areas prior to the certificate of occupancy under the building permit. Staff has included a condition to the CCSL Variance approval to ensure this Policy is implemented. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Staff comment: The proposed project includes dune restoration of disturbed areas prior to the certificate of occupancy under the building permit. Staff has included condition to the CCSL Variance approval to ensure this Policy is implemented. Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction Setback Line except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. Staff comment: The proposed structure is in line with contiguous and adjacent structures on neighboring properties. Any disturbed areas will include the restoration of the dune, and will follow the natural dune profile, thus further enhancing the overall beach dune system. 3.A.a Packet Pg. 7 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 5 of 8 GMP Consistency Summary: The proposed variance is consistent with applicable provisions of the Growth Management Plan Objective 10.4. for the reasons stated above. STAFF ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed this petition relative to these provisions and offers the following responses: A. The coastal construction setback line shall be that coastal construction setback line established by the Department of Environmental Protection of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Staff Comment: The proposed structures and improvements are seaward of the CCSL. B. Setback lines established under this Land Development Code shall be reviewed upon petition of affected riparian upland owners. The Board of County Commissioners (BCC) of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Staff Comment The applicant proposes to install two underground propane tanks that will extend 13.7 feet beyond the CCSL. The propane tanks will be placed approximately 49.6’ feet from the landward edge of the vegetation line and approximately 198.8 feet from Mean High-Water Line (MHWL; Application and Supporting Documents, page 3). C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Staff Comment: The petitioner will provide a dune enhancement plan as required by the GMP policies in Objective 10.4 and LDC section 3.03.06. D. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. 3.A.a Packet Pg. 8 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 6 of 8 Staff Comment: The properties located both north and south of the subject property do not have structures which extend beyond the CCSL. The installation of the propane tanks are the first structures in the area to be placed beyond the CCSL; however, based on the review of the proposed tank installation and the information provided staff believes the proposed structures will not create or be affected by erosion. See the attached Application and Supporting Documents pages 1 – 2 for the applicant’s variance justification responses. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This Variance petition was not required to go before the EAC for review and approval. RECOMMENDATION: Staff recommends the Collier County Hearing Examiner (HEX) approve the CCSL Variance for Petition CCSV- PL20210001198, 7409 Bay Colony Drive with the following conditions: Standard conditions: a. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. b. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Chapter 3, between May 1 – October 31, sea turtle nesting season, without first submitting and obtaining any required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. c. Petitioner shall notify Environmental Planning Environmental Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL (239-252-2400). d. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development Code. e. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping seaward of the 1974 Coastal Construction Control Line. f. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation and in any areas disturbed by the proposed improvements. Re-vegetation shall be completed, according to the plan submitted to and approved by Collier County Environmental Staff, prior to the issuance of a Certificate of Occupancy. g. Minor revisions to this variance approval (including changes in siting and structures) may be approved, in writing, by the County Manager, or his/her designee. 3.A.a Packet Pg. 9 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) CCSV-PL20210001198 7409 Bay Colony Drive, Hearing Examiner June 9, 2022 Page 7 of 8 Site specific conditions: h. All invasive exotic plants listed on the Florida Exotic Pest Plant Council’s (FLEPPC) list Category 1 and 2 must be removed from the existing beach dune vegetation. i. Any gopher tortoise and or gopher tortoise burrow(s) located onsite must be protected in accordance with LDC 3.04.02. j. All areas seaward of the CCSL, outside of the footprint of approved structures and improvements, shall be left in their natural condition, or landscaped using native coastal dune vegetation exclusively. ATTACHMENTS: Attachment 1) Application and Supporting Documents 3.A.a Packet Pg. 10 Attachment: Staff Report (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.b Packet Pg. 11 Attachment: Attachment A - PL20210001198 Exhibit A Legal Description (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.b Packet Pg. 12 Attachment: Attachment A - PL20210001198 Exhibit A Legal Description (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.b Packet Pg. 13 Attachment: Attachment A - PL20210001198 Exhibit A Legal Description (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) Name of Applicant:  Paul R Faganel Rev Trust, Wendy C Faganel Rev Trust   Property ID: 66667503104  Variance Petition Application PL20210001198   Specific Requirements for Variance to the Coastal Construction Setback Line  Date Prepared: March 10, 2022     Agent:  Humiston & Moore Engineers; Matthew D. Goddard, P.E.    Below is a narrative for the proposed project. As agent, Humiston and Moore Engineers (H&M) are  requesting a variance for construction activities seaward of the 1974 Coastal Construction Setback Line  (CCSL). The construction activities include the placement of two propane tanks seaward of the CCSL. This  narrative includes information from comment letters received by County staff.     1. A written petition requesting a variance from the established setback line shall be filed with  the BCC or their designee. The petition shall set forth:  a) A description of petitioner’s property to include the information requested on a current  Collier County request for a coastal construction setback line variance form;  o The Coastal Construction Setback Line Variance Petition Application is filed along with  this written petition.  b) A description of the established setback line and the line which petitioner wishes to be  varied;  o The 1974 Coastal Construction Control Line as recorded in Coastal Setback Line Book 1,  Pages 1‐12 recorded October 3, 1974.  c) The justification upon which the petitioner relies for the granting of the variance, to  include compliance with the Collier County growth management plan, conservation and  coastal management element.    o Two 1000 gallon each in‐ground propane tanks are proposed seaward of the 1974 Coastal  Construction Setback Line (CCSL). The permitted single‐family dwelling is well under  construction and was authorized up to the CCSL. The propane tanks are proposed at 10 feet  seaward of the 1974 CCSL, which is the minimum setback from a structure. This is measured  from the structure to the inlet of the propane tanks which are on top and in the middle of  the tanks. Due to the configuration of the property (zero front yard with minimal side yard  setbacks) and proposed propane capacity, placing the tanks seaward of the CCSL is the only  way to achieve the required distance from the structure.     The two propane tanks are located:   10’ – 2” from the side of the tanks and 13’ – 7” overall from the CCSL as shown.    The landward edge of beach dune vegetation is approximately 49.6 feet seaward of  the proposed tanks and 63.3 feet seaward of the CCSL.    The mean high‐water line is approximately 198.8 feet seaward of the proposed tanks  and 212.5 feet seaward of the CCSL.     The project is in compliance of the Growth Management Plan Objectives 10.4, 10.5, & 10.6.  The  location of the proposed propane tanks are upland of the active beach and dune system. The  area is just seaward of the single‐family dwelling under construction. After installation, the site  3.A.c Packet Pg. 14 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) will be restored, and non‐invasive ground cover will be planted. All invasive vegetation will be  removed from the property and be replaced with indigenous vegetation. The proposed propane  will not interfere with the active beach and dune.     Collier County’s Conservation and Coastal Management Element is divided into thirteen (13) separate goal  areas. These are summarized as follows: The applicable responses to each element are listed after each item  in italics.    1. Protection of natural resources; A species survey completed for the project was completed and  no gopher tortoise were found in the immediate area. The area will be restored following  installation and will be planted following the approved landscaping plans.   2. Protection of surface and estuarine water resources; This project does not affect this element  3. Protection of groundwater resources; This project does not affect this element  4. Protection of freshwater resources; This project does not affect this element  5.  Protection of mineral and soil resources; This project does not affect this element  6.  Protection of native vegetation and wildlife habitat; A species survey completed for the project  was completed and no gopher tortoise were found in the immediate area. The area will be  restored following installation and will be planted following the approved landscaping plans.  7. Protection of fisheries and wildlife: This project does not adversely affect this element.   8. Maintenance of existing air quality: This project does not affect this element  9. Management of hazardous materials and hazardous wastes: The propane tanks will be to  code underground tanks. Automatic cutoff valves will be installed, and the tanks will be  anchored.   10. Protection of coastal resources: Please find attached the results of the 100‐Year Storm Site  Specific Erosion Analysis. The existing beach profile and computed scour are shown in  relation to the 1989 CCCL. The proposed tank along the profile and is located beneath the  projected scour. The 100‐Year storm event would not undermine the tank and the proposed  elevation of the tank is acceptable. The vegetation line and 100‐Year Storm Surge is added  for reference. In the event a storm exceeds a 100‐Year storm event, the tanks will be  equipped auto shutoff valves in the event they would be disconnected. The tanks will be  anchored as well. The proposed tanks do not pose a threat to public health and welfare.  11. Protection of historic resources: This project does not affect this element  12. Hurricane evacuation and sheltering: This project does not affect this element  13. Avoiding duplication of regulations:  DEP permits for this work have been issued.     The below information was provided as part of responses to County staff comments.     o Please find attached the aerial overlay with a scale of 1” = 50’. The exhibit shows the distance  requested. The most current aerial provided by Collier County is dated December 2020. An  additional aerial is provided to show neighboring properties.   o All existing invasive vegetation will be removed and replaced with native planting.   o Please find attached the Encroachment License Agreement dated December 10th, 2021 between the  Pelican Bay Foundation, Inc. and the applicant.  3.A.c Packet Pg. 15 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 16Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.c Packet Pg. 17 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) DDABCEA2SCALE: 1/16"=1'-0" SITE PLAN Date: Job No.2/8/22LICENSE# AA 26000793FAGANEL RESIDENCE7409 BAY COLONY DRIVE • THE STRANDNAPLES, FLORIDA633 Ninth Street North, Suite 300 • Naples, Florida 34102 • (239) 262.7677 • Delray Beach, Florida (561) 243.0799 • WWW.STOFFTCOONEY.COM DateRevisionsALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREOWNED BY, AND THE PROPERTY OF THIS OFFICE, AND WERE CREATED, EVOLVED, AND DEVELOPED FORUSE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS,ARRANGEMENTS OR PLANS SHALL BE USED BY, OR DISCLOSED TO ANY PERSON, FIRM, ORCORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF RANDALL E.STOFFT, ARCHITECTS P.A.. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVERSCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR ALL DIMENSIONS ANDCONDITIONS SHOWN BY THESE DRAWINGS. SHOP DETAILS OF ADEQUATE SCALE MUST BE SUBMITTED TOTHIS OFFICE FOR APPROVAL BEFORE PROCEEDING WITH FABRICATION ON ITEMS AS NOTED.STATE OF REGISTERED A R C H ITECTN° 0011105 FLO R I D A 3.A.c Packet Pg. 18 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 19Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.cPacket Pg. 20Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 21Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 22Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 23Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 24Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 25Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 26Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 27Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 28Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 29Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.c Packet Pg. 30 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.c Packet Pg. 31 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.c Packet Pg. 32 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.c Packet Pg. 33 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.c Packet Pg. 34 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.cPacket Pg. 35Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.cPacket Pg. 36Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.cPacket Pg. 37Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.cPacket Pg. 38Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 3.A.c Packet Pg. 39 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) 3.A.c Packet Pg. 40 Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 7499 Bay Colony Drive) SCALE:3/16"=1'-0"FIRST FLOOR PLAN1'1'1'1'1'2'2'2'2'2'4'4'4'4'4'3'3'3'3'3'5'5'5'5'5'6'6'6'6'6'7'7'7'7'7'7'76'6'76'6'7OOR PLA PLAR POOROR P PLAOOR PLA PL PLA PLA PLANLAN PLA PLANLANPLAN PLA PLA PLA PLA PLA PLA PLA66666666666666666666666666666666666666666666666667'7'777777777777777777777SCALCALSCALFIRFCOC368COC3774COC3SP1137POD102CN112CN1112COC73SP119CLU1048COC331COC3UNI SEA20516IVA194HELD137UNI SEA1,954 sfPAS VAGHELD100UNI SEA56158HELDNNNNNNNNNNN33LIR EM214IXN38AEC BLA3CLU712CAR NATSHELL313 sf406 sfSHELL4SCHGC722LIR EM24CLU7109IVA136IPO1177HELD1CN117CAR NATCLU77UNI SEA141UNI SEA316SHRUBSCODEQTYCOMMON NAME / BOTANICAL NAMECONTAINERREMARKSCOC3 224 Sea Grape / Coccoloba uvifera 3 gallon 18" Maintain 36"-60"GROUND COVERSCODEQTYCOMMON NAME / BOTANICAL NAMECONTAINERSPACINGREMARKSHELD 535 Dune Sunflower / Helianthus debilis 1 gallon 12" 18" o.c. Allow to grow naturallyIPO1 36 Railroad vine / Ipomoea pes-caprae 1 gallon 12" 24" o.c. Allow to grow naturallyIVA1 125 Marsh Elder / Iva imbricata 1 gallon 24" o.c.PAS VAG 1,954 sf Seashore Paspalum / Paspalum vaginatum sodUNI SEA 855 Sea Oats / Uniola paniculata 4" Container 18" o.c.PLANT SCHEDULE DUNE PLANTINGSTREESCODEQTYCOMMON NAME / BOTANICAL NAMECONTAINERCALIPERSIZECN11 5 Maypan Coconut Palm / Cocos nucifera `Maypan` Field grown 16`-18` oa 11`-15` ctSP11 6 Cabbage Palmetto / Sabal palmetto Field grown 16-18" 9`-13` ctSHRUBSCODEQTYCOMMON NAME / BOTANICAL NAMECONTAINERSPACINGSIZEAEC BLA 8 Orange Bromeliad / Aechmea blanchetiana 7 Gallon 30"CAR NAT 25 Natal Plum / Carissa grandiflora 3 gallon 18"CHR7 9 Red Tip Cocoplum / Chrysobalanus icaco `Red Tip` 7 Gallon 30"CLU10 9 Small-Leaf Clusia / Clusia guttifera 10 gal. 4`-5`CLU7 14 Small-Leaf Clusia / Clusia guttifera 7 gal 36"COC7 22 Sea Grape / Coccoloba uvifera 10 gallon 48"COC3 8 Sea Grape / Coccoloba uvifera 3 gallon 18"IXN3 14 Ixora `Nora Grant / Ixora x `Nora Grant` 3 gallon 18"LIR EM2 55 Liriope / Liriope muscari `Emerald Goddess` 1 gallonPLANT SCHEDULE PLANT LISTPOD10 7 Yew Pine / Podocarpus macrophyllus 10 gal. 4`-5`SCHGC7 4 Gold Capella Arboricola / Schefflera arboricola `Gold Capella` 7 gallon 24"GROUND COVERSCODEQTYCOMMON NAME / BOTANICAL NAMECONTAINERMULCH 1,548 sf Eucalyptus Mulc / Mulch 3" Min depthSHELL 720 sf Crushed Shell / SHell 2" Thick set on sandLicense No. 1178Christian AndreaCopyright Architectural Land DesignCLANDSCAPE ARCHITECTURE2780 S. Horseshoe Drive Suite 5Naples, FL 34104 (239) 430-1661License LC26000259Stoff Cooney ArchitectsXREF_#1801-05n_level-01----D&W Dagostino & Wood,INc17296----File Name:Architectural Information Provided By:Site Information Provided By:Company Name:File Name:Date:Company Name:File Name:Date:18-178-0.0a-2.0.dwgContractor shall verify that he has the most up to date plans, and that they have been approved and accepted by the Owner before commencing construction.6Sweeney 7409 Bay Colony7409 Bay Colony, Collier County, FLScale:Drawing Date:L:\18-178 Sweeney 7409 Bay Colony Drive\ALD-Dwgs\18-178-0.0a-2.0.dwg, Plotted on 05.27.2016 / 09:53 AM by ChristianAny deviations or inaccuracies need to be brought to the attention of the Owner immediately. * All base information has been provided by others, verification of setbacks, property lines, etc. need to be provided by others. * It is the Contractors responsibility to verify that he has the most current plan. * Contractor shall not scale from plan, use dimensions only. * These plans are the property of Architectural Land Design and may not be used or reproduced withoutauthorization.This Document contains information proprietory to ARCHITECTURAL LAND DESIGN and no part of this drawing shall be reproduced or disclosed to others or used for any purpose other than that for which it was furnished, without prior written permission from ARCHITECTURAL LAND DESIGN.DEP PLANTING PLAN18-1781"=10'-0"CA 2.04.19Contractor to verify property lines and setbacks before construction.Contractor must have property lines staked and located,and must verify plan dimensions and field conditions are consistent.Any Inconsistencies w/ these plans need to be reported to ALD and the Owner.Contractor shall verify that he has the most up to date plans, and that they havebeen approved and accepted by the Owner before commencing construction.DEP SITE PLANScale: 1" = 10'-0"0 5 10 20 40999913131515111115L:\18-178 Sweeney 7409 Bay Colony Drive\ALD-Dwgs\18-178-0.0a-2.0.dwg, 2/6/2019 9:55:36 AM, ChristianDigitally signed by Christian Andrea RLA LA0001178 Date: 2019.02.06 09:59:51 -05'00'3.A.cPacket Pg. 41Attachment: Attachment B - PL20210001198 7409 Bay Colony Dr CCSV (22302 : PL20210001198 CCSV 07/28/2022 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: Petition No. PCUD-PL20220001813 - Request for a comparable use determination that a veterinary clinic and animal hospital (SIC Code 0742) is comparable, compatible, and consistent with the permitted uses in Section 3.2.2 of the Southwest Professional Health Park Planned Unit Development (PUD), Ord. No. 96-81, as amended. The subject parcel is approximately 1 acre and is located on the south side of Immokalee Road approximately a quarter-mile east of the intersection of Goodlette Frank Road and Immokalee Road in Section 26, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commission District 2 Meeting Date: 07/28/2022 Prepared by: Title: – Zoning Name: Tim Finn 06/30/2022 2:02 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 06/30/2022 2:02 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 06/30/2022 5:17 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 07/01/2022 1:53 PM Zoning Ray Bellows Review Item Completed 07/11/2022 3:36 PM Zoning Mike Bosi Review Item Completed 07/15/2022 3:09 PM Hearing Examiner Andrew Dickman Meeting Pending 07/28/2022 9:00 AM 3.B Packet Pg. 42 PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 1 of 7 July 13, 2022 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 28, 2022 SUBJECT: PL20220001813; SOUTHWEST PROFESSIONAL HEALTH PARK COMPARABLE USE DETERMINATION (PCUD) ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Florida International Solutions, LLC Agent: Joel A Threlkeld, Esq 175 Palm River Boulevard Threlkeld Law, P.A. Naples FL 34110 3003 Tamiami Trail North Suite 400 Naples FL 34103 REQUESTED ACTION: Request for a comparable use determination that a veterinary clinic and animal hospital (SIC Code 0742) is comparable, compatible and consistent in nature to other permitted uses in Section 3.2.2. of the Southwest (SW) Professional Health Park Planned Unit Development (PUD) adopted by Ordinance Number 96-81, as amended. The subject property is located at 1713 SW Health Pkwy in Section 26, Township 48 South, Range 25 East, Collier County, Florida. GEOGRAPHIC LOCATION: The subject parcel is approximately +1 acre, located on the south side of Immokalee Road approximately a quarter mile east of the intersection of Goodlette Frank Road and Immokalee Road in Section 26, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) 3.B.a Packet Pg. 43 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 2 of 7 July 13, 2022 3.B.aPacket Pg. 44Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 3 of 7 July 13, 2022 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is developed and designated for commercial uses in the SW Professional Health Park PUD Master Plan: North: Six-lane divided Right-of-Way for Immokalee Road then a radiology center with a zoning designation of North Naples Medical East: Two-lane Right-of-Way for SW Health Parkway then a parking lot for an assisted living facility with a zoning designation of SW Professional Health Park PUD South: Medical office with a zoning designation of SW Professional Health Park PUD West: Assisted Living facility with a zoning designation of Creekside Commerce Park CPUD Subject Property 3.B.a Packet Pg. 45 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 4 of 7 July 13, 2022 PURPOSE/DESCRIPTION OF PROJECT: Request for a comparable use determination that a veterinary clinic and animal hospital (SIC Code 0742) is comparable in nature to other permitted uses in Section 3.2.2. of the Southwest (SW) Professional Health Park PUD adopted by Ordinance Number 96-81, as amended. This site is located in the Urban Residential Subdistrict of the Urban designation per the Future Land Use Map (FLUM). The site is designated for Tract B in The S.W. Professional Health Park Master Plan. Section 3.2.2 of the PUD lists the permitted uses that are allowed in Tract B. There are fifteen different uses allowed in Tract B, they range from adult day care, child day care, lifestyle fitness centers, and medical offices. STAFF ANALYSIS: LDC Section 10.02.06.K., Comparable Use Determination, states: “Comparable Use Determination (CUD) shall be used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD. To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or Board of Zoning Appeals by resolution, at an advertised public hearing” based on standards listed below as part of staff’s analysis. The subject site is in the designated Urban Residential Subdistrict of the Urban designation per the Future Land Use Map (FLUM). This site was allowed to rezone because of the proximity to a hospital or medical facility. Number eleven under urban designated areas states that “Support medical facilities- such as physicians offices, medical clinics, medical treatment center, medical research centers and medical rehabilitation centers, and pharmacies- provided the dominant use is medical related and the site is located within ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as but not limited to, North Collier Hospital.” See Attachment B for the full paragraph. It should be noted that a letter of support and intent for a potential future partnership with NCH was provided by the applicant (See Attachment D). The subject property is in Tract B of the SW Health Professional Park PUD. The uses allowed are mostly all medical-related like dental offices, health education, lifestyle fitness centers, pharmacists, child daycare, and rehabilitation centers. See Attachment C for the full list of permitted uses. Per LDC Section 10.02.06.K, the following Comparable Use Determination (CUD) criteria are used to determine whether a use is comparable in nature with the list of permitted uses, and the purpose and intent statement of the zoning district, overlay, or PUD: (Criteria is listed with corresponding staff analysis in italics) a. The proposed use possesses similar characteristics to other permitted uses in the zoning 3.B.a Packet Pg. 46 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 5 of 7 July 13, 2022 district, overlay, or PUD, including but not limited to the following: i. Operating hours; The applicant is proposing a 24-hour service for pet care that includes standard veterinary care and an emergency surgery center. 24-hour service is comparable to the proposed uses on-site that may offer 24 urgent care and medical treatment. ii. Traffic volume generated/attracted; The proposed veterinary clinic and animal hospital does not generate any more traffic than the already permitted uses allowed in the PUD. A Traffic Impact Analysis (See Attachment A) was prepared by Norm Trebilcock who compared the proposed veterinary clinic to two permitted uses of a medical clinic and child daycare. The veterinary clinic generated a similar trip to the medical clinic and generated fewer trips than the childcare center. Please see Attachment A for further details. iii. Type of vehicles associated with the use; The applicant states that there will be no commercial vehicles. Employees and patrons will use their own personal vehicles to arrive to and from the clinic. Besides the occasional deliveries, no other types of vehicles besides personal vehicles will be associated with the proposed use. iv. Number and type of required parking spaces; and In LDC Section 4.05.4.G., Table 17 provides the parking space requirement for the proposed veterinarian clinic 1 per 200 square feet except for animal holding areas. 1 per 10 animal holding areas. The building is already existing and per SDP 99-195 and has 40 parking spaces. Before issuing the zoning certificate for the use or any corresponding building permit for the use the applicant must demonstrate that sufficient parking exists. v. Business practices and activities. The proposed veterinary clinic and 24 emergency services will provide care for the animals, like a medical office and emergency rooms provides care for human patients the veterinarian and animal hospital will provide care for animal patients. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The subject site is surrounded by assisting living facilities and commercially zoned areas. Noise in the animal hospital and veterinarian clinic will be kept the same minus any barking associated with dogs coming to and from the facility. Nothing is proposed that will create any additional glare from the site. The applicant has stated that no 3.B.a Packet Pg. 47 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 6 of 7 July 13, 2022 offensive odors will be created and that they will have strict policies that require the owners to clean up after their pets as well as having staff routinely monitor that any pet waste is disposed of properly. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The GMP does not prohibit this use but also does not list it in the allowable uses. As mentioned earlier the reason this PUD originally was found to comply with the GMP was its proximity to the NCH Hospital. In the executive summary of the PUD, it states “It should be understood that the Collier County GMP specifically provides for such medical related facilities permitted in the PUD at this specific location. The medical related facilities permitted in this PUD function in a supporting role to the NCH and its facilities.” However, the applicant did provide a letter from NCH general counsel that if the opportunity arises, the hospital would love to partner with the veterinarian clinic to send assisted therapy dogs that are used and support animals (See Attachment D). d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. While staff finds the proposed veterinary clinic use compatible with the other uses in the PUD, staff is constrained in that the original intent of the 1996 PUD rezone was to establish commercial uses that support and complement the nearby hospital. It should also be noted that medical uses in the PUD does not differentiate between humans and animals. PUBLIC NOTICE Per LDC Section 10.03.06.O. and the Administrative Code, a newspaper advertisement is required for public hearing in accordance with F.S. § 125.66. The newspaper advertisement posted in the Naples Daily News on July 8, 2022 Per the LDC and Administrative Code, a Comparable Use Determination petition does not require a Neighborhood Information Meeting, a mailing to surrounding property owners, or posting of a sign on the property. APPEAL OF PETITION TO BOARD OF ZONING APPEAL As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-89 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. 3.B.a Packet Pg. 48 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) PCUD-PL20220001813; SW Professional Health Park Vet Clinic/Animal Hospital Page 7 of 7 July 13, 2022 STAFF RECOMMENDATION: The Zoning Division recommendation for the proposed Comparable Use Determination petition PCUD-PL20220001813 is denial. Zoning division staff is constrained from recommending approval as the veterinary clinic and animal hospital (SIC 0742) does not support a hospital. The uses approved in Section 3.2.2 Permitted Principal Uses of Tract B, of the Southwest Professional Health Park (PUD) were intended to support NCH North Naples Hospital within ¼ mile of its location. It should also be noted that the GMP only supported the PUD rezone due to these medical uses supporting this nearby hospital due to its close proximity. Furthermore, staff does recognize that some of these uses are similar to an animal hospital. The major difference is that the patients are animals. It should be noted that NCH does support this use as the veterinary clinic will greatly benefit and support NCH and its partners by providing comprehensive care to pets that are utilized in therapy sessions with patients at their facilities as well as care for support animals prescribed by many of their health care professionals. (See Attachment D – Letter of Support from NCH) As such, staff could recommend approval with a condition that all animals are to be kept and stored inside the building to minimize any odors and noise. Attachments: A. TIS Methodology B. GMP Section 11 C. Ordinance Number 96-81 D. Letter of Support from NCH E. Applicant’s Back Up Material 3.B.a Packet Pg. 49 Attachment: Staff Report - Southwest Professional Health Park (PCUD) (22681 : PL20220001813 Southwest Professional Health Park (CUD)) Traffic Impact Analysis 1713 SW Health Parkway Southwest Professional Health Park Comparable Use Determination (CUD) Collier County, FL 05/13/2022 Prepared for: Prepared by: Florida International Solutions, LLC 1713 SW Health Parkway Naples, FL 34109 Phone: 239-860-1059 Email: alopezdvm@gmail.com Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz 3.B.b Packet Pg. 50 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 2 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, PTOE, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 3.B.b Packet Pg. 51 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 3 Table of Contents Project Description ......................................................................................................................... 4 Trip Generation ............................................................................................................................... 6 Conclusion ....................................................................................................................................... 8 Appendices Appendix A: Collier County Property Appraiser – Property Data ................................................. 9 Appendix B: ITE Trip Generation Manual Calculations ................................................................ 12 3.B.b Packet Pg. 52 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 4 Project Description The 1713 SW Health Parkway development (the “Project”) is part of the approved Southwest Professional Health Park Planned Unit Development (PUD) located on the south side of Immokalee Road (CR 846) and east of Goodlette-Frank Road (CR 851). The project is located in Section 26, Township 48 South, Range 25 East, in Collier County, Florida. The subject property is identified by the Collier County Property Appraiser by Parcel Number 74445100821. The property is currently improved with an approximately 8,042 square foot building. Refer to Figure 1 – Project Location Map, which follows and Appendix A: Collier County Property Appraiser – Property Data. Figure 1 – Project Location Map The Southwest Professional Health Park PUD was approved subject to the conditions illustrated in the Collier County Ordinance 96 – 81. 3.B.b Packet Pg. 53 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 5 The applicant is requesting a Comparable Use Determination (CUD) to allow a veterinary clinic and a 24-hour emergency pet surgery center. The purpose of this Traffic Impact Analysis (TIA) is to document whether the proposed use traffic generation is comparable with the traffic potential of a permitted Tract ‘B’ use as depicted in the approved PUD ordinance. This traffic report agrees with the latest adopted Collier County Traffic Impact Study Guidelines and Procedures. The project provides the highest and best use scenario with respect to the project’s proposed trip generation. Consistent with the recommendations illustrated in Collier County Traffic Impact Study Guidelines and Procedures, traffic generation associated with the proposed development is evaluated based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (TGM), 11th Edition and ITE Trip Generation Handbook, 3rd Edition. Project Approved Uses per Ordinance 96 – 81 As illustrated in the PUD’s Executive Summary, the intent of the approved PUD is “to allow development of a professional health park thereby providing a diversity of medical related use that will be complimentary and in close proximity to the North Collier Health Center”. The PUD’s permited uses are provided in Sections 3.2.1 and 3.2.2 of the approved ordinance and include but are not limited to: child day care, medical clinics, medical offices, rehabilitation centers and physical therapy centers. For the purposes of this report, the permitted uses considered are: child day care and medical clinic. In agreement with the ITE TGM Land Use Code descriptions, the permitted use designations are illustrated in Table 1A. Table 1A Site Permitted Uses – ITE Land Use designation Land Use ITE Land Use Code Size Child Day Care #565 – Day Care Center 8,042 square feet Medical Clinic #630 – Clinic 8,042 square feet Project Proposed Uses In agreement with the ITE TGM Land Use Code descriptions, the proposed use designations are illustrated in Table 1B. 3.B.b Packet Pg. 54 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 6 Table 1B Site Proposed Use – ITE Land Use designation Land Use ITE Land Use Code Size Veterinary Clinic/ 24-Hour Emergency Pet Surgery Center #640 – Animal Hospital/Veterinary Clinic 8,042 square feet This traffic report will provide a traffic generation comparison between the proposed uses and the PUD’s permitted uses. Trip Generation The software program OTISS (Online Traffic Impact Study Software), most current version is used to evaluate the projected trip generation for the project. The ITE equations and/or rates are used for the trip generation calculations, as applicable. The ITE – OTISS trip generation calculation worksheets are provided in Appendix B: ITE Trip Generation Manual Calculations. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Per ITE recommendations no internal capture is considered for this study. The pass-by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. Per ITE recommendations, no pass-by reductions have been considered for the analyzed land uses. The proposed development use trip generation is illustrated in Table 2A. Table 2A ITE Trip Generation – Proposed Uses – Average Weekday Development Daily (2-way) AM Peak Hour PM Peak Hour ITE Land Use Size (1) Enter Exit Total Enter Exit Total Animal Hospital/Veterinary Clinic 8,042 sf 173 19 10 29 11 17 28 Note(s): (1) sf = square feet. The trip generation analysis based on approved permitted conditions is shown in Table 2B. 3.B.b Packet Pg. 55 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 7 Table 2B ITE Trip Generation – Permitted Uses – Average Weekday Development Daily (2-way) AM Peak Hour PM Peak Hour ITE Land Use Size (1) Enter Exit Total Enter Exit Total Day Care Center 8,042 sf 383 47 41 88 42 47 89 Clinic 8,042 sf 302 21 5 26 9 21 30 Note(s): (1) sf = square feet. Based on the traffic data depicted in Table 2B, the day care center use is the most traffic intensive permitted use as analyzed in this report. Collier County’s Concurrency Management System is intended to ensure that there is adequate roadway capacity available to serve current and future development. Transportation Concurrency is a measure of the capacity of the roadway system to support the adopted level of service for vehicular traffic. As part of the Transportation Element, the County established minimum acceptable level of service standards on the existing highway system. For County facilities, the level of service standard is measured on a peak hour basis. In agreement with the Collier County TIS Guidelines and Procedures, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2021 Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. Table 3 illustrates the potential project traffic impact which is analyzed based on the PM peak hour net new traffic – the difference between the traffic generated by the proposed uses (Table 2A) and the traffic projected for the permitted uses (Table 2B). For the purpose of this traffic comparison, the medical clinic use is conservatively utilized to represent one of the permitted uses. 3.B.b Packet Pg. 56 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 8 Table 3 Trip Generation – Projected Net New Traffic – Average Weekday PM Peak Hour Enter Exit Total Proposed Land Use(1) 11 17 28 Permitted Land Use(2) 9 21 30 Net New Traffic (Decrease) 2 (4) (2) Note(s): (1) Refer to Table 2A. (2) Refer to Table 2B – ITE Land Use Clinic. Conclusion As illustrated in Table 3, from a traffic standpoint, the proposed development land use is less intensive when compared to the permitted PUD land uses. Based on the results illustrated within this report, it is our recommendation that the proposed veterinary clinic use be considered comparable to the existing permitted uses and be incorporated as an allowed land use on the subject site within the Southwest Professional Health Park PUD. 3.B.b Packet Pg. 57 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 9 Appendix A: Collier County Property Appraiser – Property Data 3.B.b Packet Pg. 58 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 10 3.B.b Packet Pg. 59 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 11 3.B.b Packet Pg. 60 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 12 Appendix B: ITE Trip Generation Manual Calculations 3.B.b Packet Pg. 61 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 13 Permitted Uses – ITE Trip Generation Manual 11th Edition 3.B.b Packet Pg. 62 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 14 3.B.b Packet Pg. 63 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 15 3.B.b Packet Pg. 64 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 16 3.B.b Packet Pg. 65 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 17 3.B.b Packet Pg. 66 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 18 Proposed Uses – ITE Trip Generation Manual 11th Edition 3.B.b Packet Pg. 67 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 19 3.B.b Packet Pg. 68 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 1713 SW Health Parkway – Southwest Professional Health Park – CUD – TIA – May 2022 Trebilcock Consulting Solutions, PA Page | 20 3.B.b Packet Pg. 69 Attachment: Attachment A - TIS for Comparable Use Application (22681 : PL20220001813 Southwest Professional Health Park (CUD)) Future Land Use Element as of Ordinance No. 2021-36, adopted October 26, 2021 27 (V) (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. (XV) 11. Support medical facilities ‒ such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies ‒ provided the dominant use is medical related and the site is located within ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. (II)(IV)(V)(VI)(XI)(XIV)(XV)(XIX)(XXVI)(XLI)(XLIII)(XLV)(XLVIII)(XLIX)(L)(LVIII)(LXVI)(LXII)(LXIII)(LXIV)(LXVII)(LXXII) 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Goodlette/Pine Ridge Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict, Davis ‒ Radio Commercial Subdistrict, Meridian Village Mixed-Use Subdistrict, Vanderbilt Beach Road Mixed Use Subdistrict; Creekside Commerce Park East Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Orange Blossom/Airport Crossroads Commercial Subdistrict, Logan Boulevard/Immokalee Road Commercial Infill Subdistrict, East Tamiami Trail Commercial Infill Subdistrict, Seed to Table Commercial Subdistrict, Vanderbilt Beach Commercial Tourist Subdistrict, Germain Immokalee Commercial Subdistrict, Greenway – Tamiami Trail East Commercial Subdistrict, Bay House Campus Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. (LXVII) = Plan Amendment by Ordinance No. 2021-08 on March 1, 2021 3.B.c Packet Pg. 70 Attachment: Attachment B - GMP Section 11 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 71 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 72 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 73 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 74 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 75 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 76 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 77 Attachment: Attachment C - Ord. 96-81 (22681 : PL20220001813 Southwest Professional Health Park (CUD)) 3.B.d Packet Pg. 78 Attachment: Attachment C - 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