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Agenda 11/14/2023 Item #17F (Ordinance - Amending the North Naples Medical Park (PUD) Planned Unit Development)11/14/2023 EXECUTIVE SUMMARY This item requires that Commission members provide ex -parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the North Naples Medical Park Planned Unit Development (PUD) to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; and to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7. The property is located on the north side of Immokalee Road immediately east of the North Collier Hospital in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. (PL20230003895) _____________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (Board or BCC) review staff’s 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 to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property (Lots 6 and 7) is 1.98+/- acres of the 17.57+/- acre PUD located on the north side of Immokalee Road, approximately 0.25 miles east of the intersection of Health Park Boulevard and Immokalee Road. The North Naples Medical Park Planned Unit Development (PUD) was originally approved on August 8, 1995, by Ordinance Number 95-45, which amended, repealed, and replaced Ordinance 90-77, also known as North Naples Medical Park PUD. Platting of the North Naples Medical Park subdivision was completed in 1996 (Plat Book 26, Pages 46-47) with ten developable lots and an internal road named Medical Boulevard. The current PUD allows 150,000 square feet of gross leasable floor area with a maximum Floor Area Ratio (FAR) of 0.35 for each lot. The majority of the lots are developed with various medical service uses. This request is to allow for redevelopment of Lots 6 and 7 of the North Naples Medical Park, which is adjacent to the NCH North Collier Hospital Campus (zoned Collier Health Center PUD). Lots 6 and 7 and the adjoining property within Collier Health Center PUD are commonly owned. Lots 6 and 7 are developed with the Bears Den Child Care Center and Pulmonary Rehabilitation Center, subject to a variance approved by Resolution 98-115, allowing the western setback of Lot 7 to be reduced to 0 feet. The existing building straddles the common boundary of Lot 7 and the Collier Health Center PUD. This request will allow for demolition of the existing building and redevelopment with a proposed hospital for special surgery (SIC 8069) as a permitted use on Lots 6 and 7. Specifically, the request entails: • Change Health Services (8069) - hospital for special surgery - from a Conditional Use to a Permitted Use on Lots 6, 7, 8, and 9, those lots nearest the Collier Medical Center PUD • Increase the maximum FAR for Lots 1, 4, 6, and 7 along Immokalee Road, accounting for the dedication of Immokalee Road Right of Way and resulting reduced lot areas: o The FAR for Lot 1 shall not exceed 0.44 (24,533 square feet) o The FAR for Lot 5 shall not exceed 0.47 (16,451 square feet) o The FAR for Lots 6 and 7 shall not exceed 1.0 (85,651 square feet) o The current maximum FAR of 0.35 for Lots 2, 3, 4, 8, 9, and 10 is maintained not to impact the existing development rights of such lot owners. • Increase the maximum allowable gross floor area from 150,000 square feet to 205,000 square feet. • Adjust required setbacks as follows: 17.F Packet Pg. 2258 11/14/2023 o Allow for a 0’ setback along the western boundary of Lot 7 adjacent to Collier Health Center PUD. o Allow a setback of 25’ for Lots 6 & 7 from Immokalee Road (versus 30’ presently required). o Allow a 16’ setback for Lot 6 from Medical Park Boulevard (versus 25’ presently required) to accommodate building design. • Add a deviation from LDC Section 4.06.02, Table 2.4, “Table of Buffer requirements by Land Use Classifications,” which requires a 10-foot-wide Type A perimeter buffer along the western boundary of Lot 7 (adjacent to the Collier Health Park PUD), to instead not require a perimeter buffer in this location. FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier County. 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 the issuance of a building permit inclu de building permit review fees. 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: Comprehensive Planning staff has reviewed the proposed amendment. The subject property is designated Urban - Urban Mixed Use District - Urban Residential Subdistrict as identified on the Future Land Use Map of the GMP. Comprehensive Planning staff finds the petition consistent with the Future Land Use Element as summarized in Attachment C - Consistency Review Memorandum. Based on the TIS and the 2022 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Environmental Planning staff found this project consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. The GMP is the prevailing document to support land use decisions, such as this proposed PUD Amendment. 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 is consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard Petition PUDA- PL20230003895, North Naples Medical Park PUD, on September 22, 2023. No members of the public were present to speak on the item. The CCPC voted unanimously to forward this petition to the Board with a recommendation of approval with a revision to the list of permitted uses to exclude alcohol and drug addiction rehabilitation hospitals. This revision is included in the Draft Ordinance accompanying this Executive Summary. Because the vote was unanimous and no members of the public spoke on the item, this is a Summary Agenda item. LEGAL CONSIDERATIONS: This is an amendment to an existing Planned Unit Development Zoning District. The burden falls upon the petitioner to prove that the proposed rezoning is consistent with all the criteria set forth below. Should it consider denying the amendment, the burden shifts to the Board of County Commissioners 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 17.F Packet Pg. 2259 11/14/2023 physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of agr eements, 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD Amendment with the Growth Management Plan's goals, objectives, and policies. 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) to assure the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the Growth Management Plan elements? 10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD Amendment 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 type s 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? 17.F Packet Pg. 2260 11/14/2023 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. 24. Consider: The physical characteristics of the property and the degree of site alteration that 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 PUD Amendment 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 PUD Amendment request that the Board of County Commissioners shall deem important in the protection of 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. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: To approve Petition PUDA-PL20230003895 for the North Naples Medical Park PUD Amendment to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; and to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7. Prepared by: Ray Bellows, Zoning Services Section Planning Manager ATTACHMENT(S) 1. CCPC Staff Report (PDF) 2. Att A - Ordinance - 092223 - HAC (PDF) 3. [Linked] Att B - N Naples Med Park PUDA - CCPC Back-up Documents (PL20230003895) (PDF) 4. Att C - Consistency Review PL20230003895 North Naples Medical Park PUDA (PDF) 5. Att D - NNMP PUDA NIM Documents (PDF) 6. Affidavit of Posting Notice & Photo of Sign (9-1-2023) (PDF) 7. legal ad - agenda ID 26885 (PDF) 17.F Packet Pg. 2261 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 17.F Doc ID: 26885 Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending the North Naples Medical Park Planned Unit Development (PUD) to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; and to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7. The property is located on the north side of Immokalee Road immediately east of the North Collier Hospital in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. (PL20230003895) Meeting Date: 11/14/2023 Prepared by: Title: – Zoning Name: Laura DeJohn 10/10/2023 3:52 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 10/10/2023 3:52 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 10/11/2023 9:44 AM Zoning Mike Bosi Division Director Completed 10/13/2023 8:40 AM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 10/13/2023 6:00 PM Growth Management Community Development Department James C French Growth Management Completed 11/01/2023 1:10 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/01/2023 11:38 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 12:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 2:44 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 9:32 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/06/2023 10:02 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 17.F Packet Pg. 2262 PL20230003895 North Naples Medical Park PUDA Page 1 of 14 August 28, 2023 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 22, 2023 SUBJECT: NORTH NAPLES MEDICAL PARK PUD AMENDMENT (PUDA -PL20230003895) PROPERTY OWNER/AGENT: Owners/Applicants: Naples Community Hospital, Inc. (Lot 6) & Collier Health Care, Inc. (Lot 7) P.O. Box 413029 Naples, Florida 34101 350 7th Street North Naples, Florida 34102 Agent(s): Robert Mulhere, FAICP, President/CEO Hole Montes, Inc., a Bowman Company 950 Encore Way Naples, FL 34110 Charles C. Whittington, Esq. Gunster Law Firm 5551 Ridgewood Drive, Suite 501 Naples, FL 34108 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission consider an amendment to Ordinance Number 95-45, the North Naples Medical Park Planned Unit Development (PUD), to allow for a hospital for special surgery; to increase the maximum gross floor area from 150,000 square feet to 205,000 square feet; to adjust the Floor Area Ratios (FAR) for Lots 1, 5, 6 and 7; to remove 1.1 acres from the PUD that was conveyed to Collier County for Immokalee Road Right- of-Way; to revise development standards and commitments and add deviations. This action also provides for the partial repeal of Resolution 98-115 as to Platted Lot 7 for a setback variance. GEOGRAPHIC LOCATION: The subject property (Lots 6 and 7) is 1.98+ acres of the 17.57+ acre PUD located on the north side of Immokalee Road, approximately 0.25 miles east of the intersection of Health Park Boulevard and Immokalee Road, within Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida. (See location map on following page) 17.F.a Packet Pg. 2263 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 2 of 14 August 28, 2023 17.F.aPacket Pg. 2264Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD PL20230003895 North Naples Medical Park PUDA Page 3 of 14 August 28, 2023 PURPOSE AND DESCRIPTION OF PROJECT: The North Naples Medical Park Planned Unit Development (PUD) was originally approved on August 8, 1995, by Ordinance Number 95-45, which amended, repealed, and replaced Ordinance 90-77, also known as North Naples Medical Park PUD. Platting of the North Naples Medical Park subdivision was completed in 1996 (Plat Book 26, Pages 46-47) with ten developable lots and an internal road named Medical Boulevard. The current PUD allows 150,000 square feet of gross leasable floor area with a maximum Floor Area Ratio (FAR) of 0.35 for each lot. Permitted and conditional uses include various medical service uses, which have developed on the majority of the lots. The following Summary Table describes land uses per the approved PUD Master Plan: Parcel Area: 10.5 acres Cocohatchee River: 2.0 acres Lake Areas: 1.4 acres Park/Open Space: 1.8 acres Internal Street: 1.9 acres Future Immokalee Rd. ROW: 1.1 acres Total Area: 18.7 acres This request allows for redevelopment of Lots 6 and 7 of the North Naples Medical Park, which is adjacent to the NCH North Collier Hospital Campus (zoned Collier Health Center PUD). Lots 6 and 7 and the adjacent property within Collier Health Center PUD are commonly owned. Lots 6 and 7 are developed with the Bears Den Child Care Center and Pulmonary Rehabilitation Center, subject to a variance approved by Resolution 98-115, allowing the western setback of Lot 7 to be reduced to 0 feet. The existing building straddles the common boundary of Lot 7 and the Collier Health Center PUD. This request will allow for the demolition of the existing building and redevelopment with a proposed hospital for special surgery (SIC 8069) as a permitted use on Lots 6 and 7. Collier Health Center PUD 17.F.a Packet Pg. 2265 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 4 of 14 August 28, 2023 The request involves updating the PUD Master Plan to indicate the approved platted configuration of the North Naples Medical Park subdivision. An updated Land Use Table in the PUD document and on the Master Plan accounts for the removal of 1.1 acres from the PUD that was conveyed to Collier County for Immokalee Road Right-of-Way, as follows: The following Summary Table describes land uses per the updated PUD Master Plan: Platted Lot Area (Lots 1-10): 9.17 acres Preserve Area (Tracts P1 & P2) (includes Cocohatchee River): 4.81 acres Lake Tracts (L1 & L2): 1.6 acres ROW (Medical Blvd): 1.1 acres Total Area: 17.57 acres To accommodate the proposed hospital for special surgery and recognize the adjustment in land acreage due to the Immokalee Road Right-of-Way conveyance, the following adjustments are proposed as part of this PUD Amendment: • Change Health Services (8069) – hospital for special surgery – from a Conditional Use to a Permitted Use on Lots 6, 7, 8, and 9, those lots nearest the Collier Medical Center PUD • Increase the maximum FAR1 for Lots 1, 4, 6, and 7 along Immokalee Road: o The FAR for Lot 1 shall not exceed 0.44 (24,533 square feet) o The FAR for Lot 5 shall not exceed 0.47 (16,451 square feet) o The FAR for Lots 6 and 7 shall not exceed 1.0 (85,651 square feet) o The current maximum FAR of 0.35 for Lots 2, 3, 4, 8, 9, and 10 is maintained so as not to impact the existing development rights of such lot owners. • Increase the maximum allowable gross floor area from 150,000 square feet to 205,000 square feet. • Adjust required setbacks as follows: o Allow for a 0’ setback along the western boundary of Lot 7 adjacent to Collier Health Center PUD. o Allow a setback of 25’ for Lots 6 & 7 from Immokalee Road (versus 30’ presently required). o Allow a 16’ setback for Lot 6 from Medical Park Boulevard (versus 25’ presently required) to accommodate building design. • Add a deviation from LDC Section 4.06.02, Table 2.4, “Table of Buffer requirements by Land Use Classifications,” which requires a 10-foot-wide Type A perimeter buffer along the western boundary of Lot 7 (adjacent to the Collier Health Park PUD), to instead not require a perimeter buffer in this location. See page 13 of this report for additional deviation discussion. 1 The North Naples Medical Park PUD (Ordinance Number 95-45) allows the ROW dedication area for Immokalee Road outside of the platted lots to be included in the FAR calculation for lots fronting Immokalee Road (Lots 1, 5, 6 and 7). For this petition, the total area has been adjusted based on the platted lot sizes, resulting in corresponding increased FAR values. 17.F.a Packet Pg. 2266 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 5 of 14 August 28, 2023 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 North Naples Medical Park PUD: North: Beyond the Cocohatchee River are single-family residential dwellings zoned Estates (E) and Residential Single Family (RSF-3) East: Beyond the Cocohatchee River are single-family residential dwellings zoned Residential Single Family (RSF-3) South: Beyond Immokalee Road is a memory care facility zoned Creekside Commerce Park CPUD approved by Ord. No. 2006-50 and amended by Ord. No. 2018-19, and medical clinic and offices zoned Southwest Professional Health Park PUD approved by Ord. No. 96-81 and CUD approved by HEX 22-35 to allow a veterinary clinic. West: Immediately west of the property is the NCH North Naples Hospital and NCH North Collier Campus zoned Collier Health Center PUD, approved by Ord. No. 88-40. PUD Lot 7 Lot 6 Lot 1 Lot 5 17.F.a Packet Pg. 2267 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 6 of 14 August 28, 2023 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land use decisions, such as this proposed amendment. 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 amendment petition. This petition is consistent with the GMP, as summarized below. Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed amendment. The subject property is designated Urban – Urban Mixed Use District – Urban Residential Subdistrict as identified on the Future Land Use Map of the GMP. Comprehensive Planning staff finds the petition consistent with the Future Land Use Element as summarized in Attachment C - Consistency Review Memorandum. Transportation Element: In evaluating this project, staff reviewed the applicant’s June 19, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the current 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County 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 documentation provided with this request, the proposed North Naples Medical Park PUD Amendment will increase the total square feet from the existing 150,000 square feet to 205,000 square feet, resulting in a net increase of 55,000 square feet. The additional 55,000 square feet will generate a projected total of +/- 176 PM peak hour, 2-way trips on the adjacent roadway network. The proposed increase will accommodate the new stand-alone 17.F.a Packet Pg. 2268 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 7 of 14 August 28, 2023 medical and dental office building on Lots 6 and 7, and there is a Developer Commitment in section 4.02.9 of the PUD document that provides a trip cap consistent with the TIS for Lots 6 and 7 (this is a new commitment and language added as part of the Amendment). The net additional new trips generated by this development will occur on the following adjacent roadway link using the current 2022 AUIR: Link/Roadway Link 2022 AUIR LOS Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2022 Remaining Capacity 23.0/ Goodlette Frank Road Immokalee Rd to Vanderbilt Beach Rd C 1,000/North 16/SB 275 40.0/111th Avenue North US 41 to Vanderbilt Drive C 900/East 5/WB 200 (2) 41.1/Immokalee Road US 41 to Goodlette Frank Rd C 3,100/East 42/WB 1,005 41.2/Immokalee Road Goodlette Frank Rd to Airport Pulling Rd D 3,100/East 58/EB 665 Staff note: The development is within the Northwest Traffic Concurrently Management Area (TCMA). The development is meeting concurrency management without TCMA provisions. (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's June 19, 2023, Traffic Impact Statement. (2) Expected deficient by trip bank; see State Statute 169.3180 below. Section 163.3180 of the Florida Statutes requires a local government to satisfy transportation concurrency requirements if the applicant enters into a binding agreement to pay or construct their proportionate share. The Statutes further state that any facility determined to be transportation deficient with existing, committed, and vested trips, plus additional projected background trips from any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida’s Bureau of Economic and Business Research medium population projections, without the project traffic under review, the costs of correcting that deficiency shall be removed from the project’s proportionate-share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate-share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development’s proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. In addition, per the Statute the applicant is eligible for a dollar-for-dollar credit for the road impact fees anticipated for the development. Based on the TIS and the 2022 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. 17.F.a Packet Pg. 2269 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 8 of 14 August 28, 2023 Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, noted explicitly in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission 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.” Environmental Review: Environmental Planning staff has reviewed the PUD petition to address environmental concerns. The proposed PUD changes will not affect any of the environmental requirements of the PUD document (Ordinance 95-45). A minimum of 4.81 acres of native vegetation has been placed in preservation and dedicated to Collier County (Plat Book 26, Page 46-47). Environmental Services staff recommends approval of the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Landscape Review: The petitioner seeks one deviation related to a portion of the West landscape buffer. See Deviation Discussion on page 13 of this report. The width of the South buffer has been changed to 5’ to be consistent with the approved plat. The remainder of the perimeter landscape buffers are unchanged from the previous approved ordinance. Emergency Management Review: This project includes skilled nursing, which requires specified finished floor elevation analysis per Chapter 449/450, Florida Building Code. Historic preliminary SLOSH Category 3 analysis was conducted in coordination with Collier County Emergency Management staff and petitioner’s representatives. At time of site development plan and building permit review, skilled nursing elements of this project require elevation standards based on SLOSH Category 3 analysis. Zoning Services Review: The North Naples Medical Park PUD is developed with child daycare, medical offices, clinics, hospitals, and healthcare-related facilities. The petitioner seeks to amend the PUD to allow for construction of a hospital for special surgery to replace the existing Bears Den Child Care Center and Pulmonary Rehabilitation Center. The PUDA increases the maximum gross floor area by ±55,000 square feet for a maximum total area of 205,000 square feet to accommodate the proposed use. This additional square footage, in combination with adjusted acreages of the property due to the land area conveyed to Collier County for Immokalee Road right-of-way, results in an increase of the FAR for Lots 6 and 7 not to exceed 1.0 combined. The petitioner also seeks to adjust the required setbacks to allow: • 0’ setback along the western boundary of Lot 7 adjacent to Collier Health Center PUD • 25’ setback for Lots 6 & 7 from Immokalee Road (versus 30’ presently required) • 16’ setback for Lot 6 from Medical Park Boulevard (versus 25’ presently required) 17.F.a Packet Pg. 2270 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 9 of 14 August 28, 2023 The land use pattern along Immokalee Road generally contains a mix of retail, commercial, medical office, and professional office uses. Single-family residential is located to the north and east, but it is separated from the PUD by the Cocohatchee River. The proposed increase in building area and reduced setbacks apply to Lots 6 and 7, located adjacent to the higher-intensity hospital use. Staff finds the request does not impact the project's compatibility with the surrounding neighborhood. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08.” (Zoning Division staff responses in non-bold). 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The PUD is surrounded by similar commercial uses to the west and south and buffered from the residential uses to the north and east by the Cocohatchee River. The proposed increase in building area and setback reductions apply only to Lots 6 and 7, which abut the higher intensity hospital use. A trip cap is included as part of this amendment. The project will be required to comply with County regulations regarding traffic, water, sewer, drainage, and other utilities. At time of site development plan and building permit review, skilled nursing elements of this project require elevation standards based on SLOSH Category 3 analysis in accordance with Chapter 449/450, Florida Building Code. With these parameters addressed, the site is suitable for the proposed development. 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. The County Attorney’s Office reviewed documents submitted with the application and demonstrated unified control of platted Lots 1, 5, 6, and 7. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the [GMP]. County staff has reviewed this petition and offered an analysis of conformity with the GMP's relevant goals, objectives, and policies within the GMP Consistency portion of this staff report on page 6. 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 PUD is approved with maximum building height of 30 feet on Lots 1, 2, 3, 4, and 10 and 50 feet except for 10 feet of parking on Lots 5, 6, 7, 8, and 9 and remains unchanged. 17.F.a Packet Pg. 2271 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 10 of 14 August 28, 2023 The proposed setback reductions only apply to Lots 6 and 7; otherwise, the setbacks remain unchanged. A deviation is being sought to reduce the 10-foot Type “A” landscape buffer along the west side of Lot 7 to accommodate parking located mainly on the abutting lot within the Collier Health Center PUD. There is appropriate buffering both internally and externally to the project. 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. Per the PUD Master Plan, the site provides more than 30% open space requirements. Compliance will be evaluated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. As noted in the Transportation Element consistency review, the roadway infrastructure has sufficient capacity to serve the proposed project. Operational impacts will be addressed at the time of the first development order (SDP or Plat) when a new TIS will be required to demonstrate turning movements for all site access points. The development must comply with all 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 surrounding areas to accommodate expansion. There is area to accommodate the expansion of the building area as proposed. The PUD boundary is not proposed to be modified. It cannot be expanded due to the existing Cocohatchee River to the north and east, existing development to the west, and existing public roadway to the south. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. One deviation is proposed to allow no buffer along the western boundary of Lot 7 (adjacent to the Collier Health Park PUD), where a 10-foot-wide Type A perimeter buffer is required. See Deviation Discussion section on page 13 of this report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable.” 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. 17.F.a Packet Pg. 2272 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 11 of 14 August 28, 2023 Staff determined the petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP, as described on page 6 of this report. 2. The existing land use pattern. The existing land use pattern is described and shown in the Surrounding Land Use and Zoning section on page 5 of this report. The proposed amendment is consistent with the land use pattern in the vicinity. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property's PUD zoning district accommodates a variety of hospital and medical office uses. This amendment will not create an isolated district unrelated to the surroundings because adjacent and nearby PUD districts contain similar clinics, medical offices, commercial goods, and services. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. District boundaries are logically drawn; this amendment updates the legal description and Master Plan to reflect that 1.1 acres were conveyed to Collier County for Immokalee Road Right-of-Way, which is no longer part of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not specifically necessary but is being requested in compliance with the LDC provisions to seek such changes. The petitioner believes the rezoning is necessary to accommodate the construction of a facility that will meet a need of the surrounding community. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The amendment proposes modest increases in intensity (±55,000 square feet), minimal setback reductions affecting only Lots 6 and 7, and relief from the required 10-foot Type “A” landscape buffer on the western boundary of Lot 7 to accommodate shared parking. Therefore, approval of the petition is not anticipated to influence living conditions in the neighborhood adversely. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, 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 the time of the first development order (SDP or Plat). Additionally, the 17.F.a Packet Pg. 2273 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 12 of 14 August 28, 2023 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. Stormwater best management practices, treatment, and storage will be 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. No change is proposed to the maximum zoned building height, which is 30 feet on Lots 1, 2, 3, 4, and 10, and 50 feet on Lots 5, 6, 7, 8, and 9, with the exception that ten feet of under building parking is permitted. Distance between structures must be 15 feet or at least ½ the sum of building heights, whichever is greater. Considering that no changes are proposed to these existing regulations, the amendment will not result in reduced light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based on anticipated results, which may be internal or external to the subject property. Property valuation is affected by various factors, including zoning; however, zoning by itself may or may not affect values since value determination is driven by market value. The PUD Amendment, as proposed, is aligned with the development pattern, uses, and building types in the surrounding area along Immokalee Road. Therefore, the PUD Amendment should not adversely impact on property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed amendment will not likely deter development activity or improvement of surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner, contrasting with the public welfare. If the proposed PUD Amendment complies with the GMP, the amendment is effectively in alignment with public policy guiding future land use in the interest of the public welfare. In light of this fact, the proposed change does not constitute a grant of special privilege. 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 development cannot be constructed to meet the petitioner’s needs without amending the PUD. 17.F.a Packet Pg. 2274 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 13 of 14 August 28, 2023 14. Whether the change suggested is out of scale with the neighborhood's or the County's needs. It is staff’s opinion that the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the community's needs. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site is already developed. The redevelopment will be evaluated relative to all federal, state, and local development regulations during the SDP and/or platting processes and later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is 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. Public facility capacities have been reviewed as part of this application process, and facility capacities were found to be adequate. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION The PUD was originally approved via Ordinance 95-45 with no deviations. The petitioner is requesting one deviation with this PUD Amendment. Originally, two deviations were requested. Staff determined that the second deviation to allow required parking to be located on the adjacent Collier Health Center PUD parcel is already allowed by LDC Section 4.05.02.J, which allows parking to be on a contiguous lot under the same ownership. The deviation is restated below from PUD Exhibit E. The petitioner’s justification for the deviation is listed below, followed by staff analysis/recommendation. Deviation # 1:(Buffer Requirements) requests relief from LDC Section 4.06.02, Table 4, “Table of Buffer Requirements by Land Use Classifications,” which requires a 10-foot-wide Type A perimeter buffer along the western boundary of Lot 7 (adjacent to the Collier Health Center PUD), to instead not require a perimeter buffer in this location. 17.F.a Packet Pg. 2275 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) PL20230003895 North Naples Medical Park PUDA Page 14 of 14 August 28, 2023 Petitioner’s Justification: Lots 6 & 7 are proposed to be developed with a new Hospital for Special Surgery (Orthopedic) and will be fully integrated with the existing NCH North Collier Campus. No setback is required for Lot 7 along the western CPUD boundary. In addition, a variance was approved in 1998 (Resolution 98-115), allowing for a 0’ setback along Lot 7 of the North Naples Medical Park CPUD (the CPUD western perimeter boundary). After the variance was approved, a building straddles this common boundary of the Collier Health Park PUD, and the North Naples Medical Park CPUD was erected. This building will be demolished to make room for the proposed Hospital for Special Surgery. However, common parking (including a parking structure) for the Hospital for Special Surgery and other uses with the Collier Health Park PUD and other infrastructure will be located west of Lot 7. After discussing this, Heidi Ashton-Cicko, it is understood that the variance will be repealed, assuming this deviation is approved. We also understand that the Plat provides for a 10-foot landscape buffer along the western permitted of Lot 7. We intend to vacate that LBE. 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 with 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.” NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner conducted a NIM on July 12, 2023, at 5:30 p.m. at Saint John the Evangelist Catholic Church on Immokalee Road. The option to attend by Zoom was also offered. No members of the public appeared in person or online for the meeting. A copy of the NIM backup documentation is included in Attachment C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s office reviewed this Staff Report on August 24, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward this petition, PL20230003895 North Naples Medical Park PUDA, to the Board of County Commissioners (BCC) with a recommendation of approval. Attachments: A) Draft Ordinance B) Application/Backup Materials C) Consistency Review Memorandum D) NIM Documentation 17.F.a Packet Pg. 2276 Attachment: CCPC Staff Report (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) ORDINANCE, NO.2023. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.95. 45, THE NORTH NAPLES MEDICAL PARK PLANNED UNIT DEVELOPMENT (Pt'D), TO ALLOW FOR A HOSPITAL FOR SPECIAL SURGERY; TO INCREASE THE MAXIMUM GROSS FLOOR ARBA FROM 150,000 SQUARf,, FEET TO 205,000 SQUARE FEET; TO ADJUST THE FLOOR AREA RATIOS FOR LOTS l,5,6 AND 7; TO REMOVE I.T ACRES FROM THE PUD THAT WAS CONVEYE,D TO COLLIER COUNTY FOR IMMOKALEE ROAD RIGHT-OF-WAY; TO REVISE DEVELOPMENT STANDARDS AND COMMITMENTS AND ADD DEVIATIONS; PROVIDING FOR THE PARTIAL REPEAL OF RE,SOLUTION NUMBER 9{t-II5 AS TO PLATTED LOT 7 FOR A SETBACK VARIANCE AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPN,RTY IS I.98+ ACRES OUT OF THE 17.57+ ACRE PUD AND LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD IMMEDIATELY EAST OF THE NORTH COLLIE,R HOSPITAL, IN SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE, 25 EAST, col-LrER COUNTY, FLORTDA. IPL202300038951 WHEREAS, on August 18, 1995, the Board of County Commissioners approved Ordinance No. 95-45, which established the North Naples Medical Park Planned Unit Development (PUD); and WHEREAS, Robert Mulhere, AICP of Hole Montes and Charles C. Whittington, Esquire of Cunster Law Firm representing Naples Community Hospital, Inc. and Collier Health Care, Inc., pctitioned the Board of County Commissioners of Collier County, Florida to amend the PUD to add a hospital for special services as a permitted use, among other amendments. NOW, I'HEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COI-LIER COUNTY, FLORIDA that: SECTION ONII:AMENDMENTS TO THE PUD DOCUMENT IN ORDINANCE NO. 95-45, AS AMENDED, THE NORTH NAPLES MEDICAL PARK PUD. The PUD Document attached to Ordinance No. 95-45 is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. [23-CPS-02339/t817415/l ]8 I Nonh Naples Mrdic8l Psrk Pl.20230003895 9D2D3 Words !4d9di49d are added; words sr*ue*+h+ecgh are deleted. I of 2 17.F.b Packet Pg. 2277 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) StrCTION TWO PROVIDING FOR THE PARTIAL RE,PEAL OF RESOLUTION NUMBER 98.II5, A SETBACK VARIANCE, AS TO PLA'ITED LOT 7 Resolution Number 98-t15, a setback variance, is partially repealed as to Lot 7, North Naples Medical Park according to the plat recorded in Plat Book 26, Pages 46-47 of the Public Records of Collier County, Florida. SECTION THREE: Effective Datc. This Ordinancc shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of _,2023. ATTEST: CRYSTAL K. KINZEL, CLERK By: Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman .t(\"r'fiq.,Hcidi Ashton-Cicko Managing Assistant County Attomey Attachments: Exhibit A - PUD Document [23-CPS-023J9/r 8r 74 l 5/r.18 l Nonh Naplcs Medical Park Pt_20230003895 9n2n1 Words underlined are added; words s*ruek+h+eugh are deleted. 2of? 17.F.b Packet Pg. 2278 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 1 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx PLANNED UNIT DEVELOPMENT DOCUMENT FOR NORTH NAPLES MEDICAL PARK CPUD Original PREPARED BY: GEORGE L. VARNADOE, ESQUIRE Young, Van Assenderp, Varnadoe & Benton, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 33963 (813) 597-2814 and ALAN D. REYNOLDS, AICP, PROJECT MANAGER MICHELLE H. TANNER, LAND PLANNER STEPHEN A. MEANS, PE, PROJECT ENGINEER WILSON, MILLER, BARTON & PEEK, INC. Engineers, Planners & Land Surveyors Wilson Professional Center, Suite 200 3200 Bailey Lane at Airport Road Naples, Florida 33942 AMENDMENTS BY: COMMUNITY HEALTH CARE, INC. P.O. BOX 727 NAPLES, FLORIDA 33939-0727 ROBERT J. MULHERE, FAICP, SENIOR VICE PRESIDENT HOLE MONTES, A BOWMAN COMPANY 950 Encore Way Naples, Florida 34110 Date Filed:02/14/90 Date Amended: 10/09/90CCPC Approval Date:09/20/90 BCC Approval Date: 10/09/90 Date Amended: Ordinance No.: 95-45 17.F.b Packet Pg. 2279 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 2 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx NORTH NAPLES MEDICAL PARK CPUD TABLE OF CONTENTS Page STATEMENT OF COMPLIANCE & SHORT TITLE iii4 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1-15 SECTION II PROJECT DEVELOPMENT 2-16 SECTION III GENERAL DEVELOPMENT REGULATIONS 3-110 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4-115 SECTION V DEVIATIONS 20 17.F.b Packet Pg. 2280 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 3 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx LIST OF EXHIBITS EXHIBIT A PUD Master Plan (Wilson, Miller, Barton and Peek, Inc., File #RZ-0187a) CPUD Master Plan EXHIBIT E Legal Description 17.F.b Packet Pg. 2281 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 4 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx STATEMENT OF COMPLIANCE The development of approximately ±18.717.57 acres of property in Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida, as a Commercial Planned Unit Development (CPUD) to be known as North Naples Medical Park CPUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The project development of North Naples Medical Park CPUD will be is consistent with the applicable gGrowth Management Plan goals, objectives and policies, land development regulations and applicable Growth Management Plan documents for the following reasons: 1) The project development is compatible with and complementary to the surrounding land uses based on the location and range of development standards proposed. 2) Improvements are planned to be in compliance with applicable regulations. 3) Arterial roadways are in existence adjacent to the property and the number of egress and ingress points are controlled to minimize the number of conflicting turning movements. 4) The property is located within 1/4 mile of the North Collier Health Center and the approved site for the North Naples branch of the Naples Community Hospital which makes the project in compliance with the Future Land Use Element of the Growth Management Plan. 5) The necessary facilities at the requisite levels of service have been planned or committed by the County to address the impacts of this development. SHORT TITLE This Ordinance shall be known and cited as “NORTH NAPLES MEDICAL PARK” CPUD Ordinance. 17.F.b Packet Pg. 2282 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 5 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of the Owner (hereinafter called “Developer”) to establish and develop a Planned Unit Development (PUD) on approximately 18.7 17.57acres of located on the north side of Immokalee Road (C.R. 846), immediately east of the existing North Collier Health Center, in Collier County, Florida. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property to insure for the harmonious and compatible management of structure both internal and external to the proposed project. 1.02 LEGAL DESCRIPTION See attached Exhibit “E”. 1.03 TITLE OF PROPERTY This PUD shall be referred to as the North Naples Medical Park CPUD . The subject property is currently under the unified control of Community Health Care, Inc., P.O. Box 727, Naples, Florida 33939. 1.04 CURRENT ZONING The Property is currently zoned CPUD, Commercial Planned Unit Development. 17.F.b Packet Pg. 2283 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 6 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of development and delineate the general conditions that will apply to the project. 2.02 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be in compliance with the Collier County Growth Management Plan and land development regulations in existence at the time of the approval of this CPUD, except as provided herein. In the event that specific standards are not contained herein to govern the proposed development, the applicable standards of the Collier County land development regulations shall control. 2.03 LAND USE A. Section 2.09 of this Document, Land Use Schedule, indicates the intended land use types with approximate acreage and total square footage. The CPUD Master Plan illustrates land use types for development of the subject property. Final design and layout of buildings may be refined, subject to all County and other governmental approvals, to meet the needs of future owners/developers, to meet market conditions, or to coordinate plans for the development of adjoining properties. as long as the overall intent of the PUD Master Plan is met and subject to provisions of Sections 2.7.3.5 of the Collier County Land Development Code. Some refinements in acreage shall be permitted at final design, subject to all County and other governmental approvals, to accommodate vegetation, encroachments, utilities, topography, and site conditions, subject to the limitations and procedures established in LDC a determination by the Development Services Director that the refinement does not meet the requirements of Section 10.02.13. 2.7.3.5. In addition, without the necessity of amending this CPUD, refinements of the developable area shall be permitted to accommodate changes required by environmental permitting agencies or during the County Site Development Plan/Preliminary Subdivision Plan approval process as set forth above. Specific size and location of individual parcels platted lots the assignment of square footage thereto shall be determined at the time of Preliminary Subdivision Plat, Construction Plans and Final Plat. B. Individual parcels platted lots are permitted to have a maximum building floor area (gross leasable floor area) square footage based on a .35 area ratio Floor Area Ratio (FAR), as defined in the Collier County LDC, except as follows: 17.F.b Packet Pg. 2284 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 7 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx The FAR for lot 1 shall not exceed 0.44 (24,533 square feet); The FAR for lot 5 shall not exceed 0.47 (16,451 square feet); and, The aggregate FAR for lots 6 and 7, shall not exceed 1.00 (85,651 square feet). Building floor area (gross leasable floor area) for the combined ten (10) parcels platted lots shall not exceed 150,000 205,000 square feet. For the purpose of floor area ration (FAR) calculation, parcel area consists of the area within platted parcel boundaries. Parcel area for parcels adjacent to Immokalee Road shall include land donated to Collier County for future Immokalee Road right-of-way in addition to the area within the platted parcel boundaries. 2.04 PRELIMINARY SUBDIVISION PLAT APPROVAL A. The developer of the project shall obtain Preliminary Subdivision Plat approval for the project in accordance with applicable Collier County regulations. 2.045 SITE DEVELOPMENT PLAN APPROVAL A. The developer of any platted tract or platted parcel shall obtain Site Development Plan Approval, in accordance with Division 3.3 of the Collier County Land Development Code. 2.056 LAKE SITING The lake setback requirements shall be as required in the LDC described in Division 3.5 of the Land Development Code are applicable, except as noted herein: 25 feet minimum from the western property boundary to top of bank; notwithstanding the provisions of paragraph 2.03. 40 feet minimum from back of curb of Immokalee Road and internal road to lake control elevation providing the requirements of the County’s lake setback curves area adhered to and appropriate barriers are provided. Additionally, off-site removal shall be limited to 10% of the total excavated volume to a maximum of 20,000 cubic yards. If the developer wishes to exceed these limits, approval of a Commercial Excavation Permit application is required. The lake adjacent to Immokalee Road at the project entrance may be located as shown or on parcel 4 with a minimum setback of 25’ from the property line. 2.067 PROJECT ACCESS It is the intent of the Developer to provide a single access to the project from Immokalee Road. However, in the event that the Developer cannot obtain the necessary permits to construct a road crossing of the north/south tributary of the Cocohatchee River, a second access shall be provided. Both accesses are indicated on the CPUD Master Plan (Exhibit 17.F.b Packet Pg. 2285 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 8 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx “A”). The location of this access point in relation to the Collier Health Center PUD access point shall be in full compliance with the County Subdivision Regulations. 2.08 OPEN SPACE A minimum of thirty (30%) of the project’s gross area shall be devoted to usable open space, as defined in the LDC. accordance with Section 2.6.32 of the Collier County Land Development Code. This requirement shall not apply to individual development parcels lots. In addition, this project shall comply with Division 3.9 of the Collier County Land Development Code. 2.09 LAND USE SUMMARY SCHEDULE Land Use Type Approximate Acreage** Maximum Square Footage Parcel area 10.5* 150,000 Lake Area 1.4 Cocohatchee River 2.0 Park/Open Space 1.8 Internal Street 1.9 Future Immokalee Road Right-of-Way 1.1 TOTAL 18.7 150,000 * Parcel area includes 0.6 acre+ of Park/Open Space and 1.0 acre+ of Cocohatchee River ** All acreages are approximate and subject to change Land Use Type Acreage* Maximum square Footage Platted Lot Area (Lots1 through 10): 9.17 205,000 Preserve Area (Tracts P1 & P2) (includes 2.0 ± acres of Cocohatchee River): 4.81 N/A Lake Tracts (L1 & L2): 1.60 N/A ROW (Medical Blvd): 1.99 N/A Total 17.57 205,000 N/A – Not Applicable * Acreage based upon North Naples Medical Park Plat (Plat Book 26, Pages 46 and 47) 17.F.b Packet Pg. 2286 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 9 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 2.10 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set “stages” for the development of the property. Since the property is to be developed over an estimated nine-year-time period, any projection of project development can be no more than an estimate and may, of course, change depending upon future economic factors. 2.11 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities, and other purposes as may be needed. Said easements and improvements shall be done in substantial compliance with the Collier County Land Development Code in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 17.F.b Packet Pg. 2287 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 10 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx SECTION III GENERAL DEVELOPMENT REGULATIONS 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the PUD Master Plan, Exhibit “A”. 3.02 PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures 1. Adult congregate living facilities in accordance with the Future Land Use Element of the Growth Management Plan and applicable regulations in effect at the time of approvals are requested LDC Section 5.05.04. 2. Essential services; interim sewage/waste treatment facilities. 3. Health Services (SIC Groups 8011-8099, excluding alcohol and drug addiction rehabilitation hospitals) on lots Tracts 6, 7, 8, and 9, except 8063 and 8069 and 8093, which may be conditionally allowed subject to Section 2.7.4 10.08.00 of the Land Development Code. 4. Health Services (SIC Groups 8011-8099), except SIC 8062, 8063 and 8069 and 8093, on lots Tracts 1, 2, 3, 4, 5 and 10, except as otherwise provided. 5. Project sales and administrative offices for those parcels comprising North Naples Medical Park CPUD. 6. Recreational facilities including pedestrian pathways, picnic areas, etc. 7. Other uses or services which are comparable to, compatible with, or ancillary to the above-listed uses, as determined by the Development Services Director. 8. Earthmining (to be permitted only in conjunction with lake siting as described in Section 2.06 of the CPUD Document). 9. Day care centers, both child and adult (SIC 8351, 8352). B. Permitted Accessory Uses and Structures 1. Restaurants and/or cafeteria for common use of residents, employees, and clients. The restaurant and/or cafeteria shall be an integral part of the principal structure. Furthermore, this use shall be clearly accessory to the principal use. 2. Day care centers (both child and adult), at such time as this use is in compliance with the Growth Management Plan, this use will be a permitted principal use. 32. Any other use which is customarily associated with any accessory to the above-listed principal uses and structures, as determined by the Planning Service Manager. 17.F.b Packet Pg. 2288 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 11 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx C. Conditional Uses 1. Health Services numbered SIC 8063, 8069, and 8093. 3.03 DEVELOPMENT STANDARDS A. Minimum Parcel Lot Area: One-half (1/2) Acre B. Minimum Parcel Lot Width: One hundred (100) feet C. Minimum Setback for Principal and Accessory Structures: Principal Accessory Platted Parcel Lot Boundaries Front Yard 25 Feet* 25 Feet* Side Yard 15 Feet 15 Feet Rear Yard 20 Feet 10 Feet Public Road Right of Way and Project Boundaries 30 Feet**; *** 30 Feet **; *** Where a side or rear yard is abuts a lake, jurisdictional wetland, or other water body, the lake, jurisdictional wetland, or other water body setback shall govern be as follows: Principal Accessory Lake 20 Feet 20 Feet (Measured from Control Elevation) Jurisdictional Wetlands 20 Feet 20 Feet (Measured from Jurisdictional Line) Cocohatchee River 20 Feet 20 Feet (Measured from Drainage Easement) North/South Tributary 20 Feet 20 Feet (Measured from Parcel Boundary) In the event two (2) or more adjacent parcels lots are developed under single ownership for a single project, parcel lot boundaries shall be the outer perimeter boundaries of the combined parcels lots and development standards shall apply from these boundaries. In the event water management lakes, other water body functions or internal roads are incorporated or otherwise service the adjacent Collier Health Center PUD, no setback or perimeter landscape provisions shall apply to the property line separating the two PUD’s. 17.F.b Packet Pg. 2289 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 12 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx * The Front Yard Setback for Lot 6 on the north boundary abutting Medical Boulevard shall be sixteen feet (16’). ** The Front Yard Setback for Lots 6 and 7 on the south boundary abutting Immokalee Road shall be twenty-five feet (25’). *** A setback shall not be required along the west boundary of Lot 7, abutting Collier Health Center PUD. 3.04 DISTANCE BETWEEN STRUCTURES A. Principal Structures 15 Feet or distance equal to ½ the sum of their heights, whichever is greater. B. Accessory Structure 10 feet 3.05 MINIMUM FLOOR AREA OF STRUCTURES 1,000 square feet 3.06 MAXIMUM HEIGHT A. The maximum height for all buildings to be located on Parcels Lots 1, 2, 3, 4, and 10 shall be thirty (30) feet. B. The maximum height for all buildings to be located on Parcels Lots 5, 6, 7, 8, and 9 shall be fifty (50) feet with the exception that ten (10) feet of under building parking shall be permitted. Furthermore, the total height of the building (to include under building parking) shall be subject to the distance between structure requirements as stated in Section 3.4 of the PUD Document. 3.07 MAXIMUM DENSITY The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per acre. 3.08 MINIMUM OFF-STREET PARKING As required by Division 2.3 of the Collier County Land Development Code in effect at the time of development. 3.09 MINIMUM LANDSCAPE REQUIREMENTS As required by the provisions of the Land Development Code in effect at the time of development, except as otherwise herein provided. 17.F.b Packet Pg. 2290 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 13 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 3.10 LANDSCAPE BUFFER/COCOHATCHEE RIVER A landscape buffer shall be provided along the developed eastern project boundary adjacent to the Cocohatchee River within Parcels Lots 1, 2, 3, 4, and 10. The following standards shall apply: A. Width may vary with an average of not less than ten (10) feet. B. Location may vary and meander, depending on the location of top of bank and existing vegetation. Plantings may occur within the drainage easement or within the rear yard setback. The buffer area shall extend along the entire length of the property line adjacent to the Cocohatchee River. C. Height and Density: 1. Shrub plantings of at least twenty-four (24) inches in height at time of planting will be required to screen all parking areas and building foundations. Planting may occur within drainage easement areas or immediately adjacent to buildings or parking areas. 2. Tree plantings shall be required to include an average of one (1) tree per twenty-five (25) linear feet or fraction thereof. Trees shall be minimum of eight (8) feet in height and two (2) inches caliper at time of planting. Palm trees may be utilized to fulfill fifty percent (50%) of the tree requirements. 3. Native hardwood trees shall be used to supplement the existing palms within the required buffer along the entire length of the Cocohatchee River. Existing non-exotic vegetation may be utilized and credited toward the required buffer. 4. Design Guidelines: The landscape buffer for these parcels lots shall conform to uniform design guidelines for the entire length of the property line adjacent to the Cocohatchee River, with the exception of the “Preserve” and “Passive Park” areas. 3.11 LANDSCAPE BUFFER/GREENBELT A landscape buffer/greenbelt shall be provided adjacent to the southern project boundary along Immokalee Road where development parcels lots are contiguous to the Immokalee Road right-of-way (Parcels Lots 1, 5, 6, and 7). A. Width/Location: Twenty (20) Five (5) feet in width contiguous to the proposed Immokalee Road. Up to fifteen (15) feet of the landscaped buffer may be within the Immokalee Road right-of-way, subject to the approval of the Transportation Services Administrator. 17.F.b Packet Pg. 2291 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 14 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx B. Height and Density: The following planting criteria shall be used: 1. Shrub plantings at least twenty-four (24) inches in height at time of planting will be required to screen all parking areas and building foundations. 2. Tree plantings shall be required to include an average of one (1) tree per twenty-five (25) linear feet or fraction thereof. Trees shall be a minimum of eight (8) feet in height and two (2) inches caliper at time of planting. Palm trees may be utilized to fulfill thirty percent (30%) of the tree requirements. 3. Existing native vegetation shall be retained and incorporated into the landscaping in the greenbelt buffer along Immokalee Road. Where practicable and if the greenbelt is ready to be constructed at the same time as Immokalee Road, existing native vegetation outside the greenbelt in the line of construction shall be transplanted into this greenbelt to meet the requirements of the greenbelt buffer. C. Design Guidelines: The landscape buffer shall conform to uniform design guidelines for the entire length of the designated property line. D. Where feasible, existing vegetation shall be retained or transplanted to meet landscaping required by appropriate Collier County Ordinances. 17.F.b Packet Pg. 2292 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 15 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.01 PURPOSE The purpose of this Section is to set forth the standards for development of the project. A. The design and layout illustrated by the PUD Master Plan, Exhibit A, shall be understood as general in nature and flexible so that final design may comply with applicable requirements and best utilize the natural resources. B. Minor design changes may be permitted subjected to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval. 4.02 DEVELOPMENT COMMITMENTS A. Transportation 1. Based on anticipation of C.R. 846 (Immokalee Road) 4-laning prior to the project development and assuming a median opening is permitted, the developer shall provide a right turn lane and a left turn lane on Immokalee Road at the project entrance. If a secondary project access is permitted upon the four-laning of Immokalee Road, the developer shall be responsible for the cost of intersection improvements necessary to serve the project, i.e., right turn-in/right turn-out provisions, at the time said secondary access is established. Completed. 2. The Developer shall provide a fair share contribution to the capital cost of a traffic signal at the project entrance when deemed warranted by the County. The signal shall be owned, operated and maintained by Collier County. 3. The Developer shall provide arterial level street lighting at the project entrance when the project access street intersection is established. Completed. 4. The Developer shall provide fifty (50) feet of additional right-of-way along the entire Immokalee Road frontage east of the Section 22/23 Section line. In addition, the Developer shall provide fifty (50) feet at the Section 22/23 line down to thirty (30) feet at the western property line. This dedication may be requested by the County prior to recording the plat. If the dedication is required prior to plat recordation, the County, at the County’s expense, shall be responsible for the preparation of the legal instruments necessary for the conveyance. Completed. 17.F.b Packet Pg. 2293 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 16 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 5. Road Impact Fees shall be in accordance with the applicable Ordinance as amended and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners or in accordance with the requirements of the Collier County Land Development Code. Division 3.15 Adequate Public Facilities. 6. Required access improvements shall not be subject to impact fees credits and, excluding signalization, shall be in place before any certificates of occupancy are issued. 7. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 8. The existing drainage may be between C.R. 846 and the Cocohatchee River and shall remain available as an outfall for permitted run-off from scheduled improvements to C.R. 846 (4-laning scheduled to start mid 1991). 9. The maximum total daily trip generation for Lots 6 and 7 shall not exceed 294 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP or SDPA. B. Water Management 1. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Subdivision Regulations. 2. Each individual lot shall have at least 0.5” dry pre-treatment prior to discharge to the master water management system. 3. Provide a twenty (20) foot maintenance easement around the perimeter of each lake and a twenty (20) foot access easement from a public or private road to these maintenance easements at the time of final platting. C. Utilities 1. Water distribution, and sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County’s established rates. Should the 17.F.b Packet Pg. 2294 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx County not be in a position to provide water and/or sewer services to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County’s off-site water and/or sewer facilities are available to serve the project. 3. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project’s wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns, or successors, regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of Construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. 4. In an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5. Off-Site Utilities Improvements Water: The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforce as required, if necessary, consistent with the County’s Water Master Plan to insure that the District’s water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District’s existing committed capacity. Sewer: The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project’s boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 6. This project shall be designed for central water and sewer systems. D. ENVIRONMENTAL 1. Petitioner shall comply with the applicable provisions of Chapter 3 Division 3.9 of the Collier County Land Development Code. 17.F.b Packet Pg. 2295 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 18 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 2. Pursuant to Division 3.9 Section 3.05.00 of the Collier County Land Development Code and the Collier County Growth Management Plan, Conservation and Coastal Management Element, Goal 6, Objective 6.2, Policies 6.2.2, 6.2.7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4, Policies 6.4.6, and 6.4.7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. With the exception of one road crossing and boardwalks/observation decks, there shall be no permanent development in the wetland area. Mitigation for the road crossing and boardwalk/observation decks will be determined by applicable State, Federal, and County agencies during permitting. 3. Should the project be a phased development, all mitigation shall be contained within each phase. A mitigation plan for each phase shall be submitted at the time of Site Development Plan approval. The Site Development Plan approval shall be subject to phased mitigation plan approval. 4. The northern 0.7-acre wetland shall be retained as a “preserve.” No development or passive recreation other than a boardwalk and small observation deck is permitted in the preserve area. The preserve area shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in accordance with applicable County ordinances. 5. Areas designated as “passive park” areas shall allow boardwalks, nature trails, picnic areas, and educational displays. All trees to be removed to facilitate this will be determined at the Site Development Plan review process. A single boardwalk is permitted with its width and configuration to be determined at Site Development Plan approval. 6. Petitioner shall comply with the provisions of Division 3.11 Section 3.04.00 of the Collier County Land Development Code. 7. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and Project Review Services notified. Development will be suspended for a sufficient length of time to enable Project Review Services or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Project Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activities. 8. The Preserve areas shall be identified as separate tracts or easements on the project plat and appropriate protective covenants pursuant to Florida 17.F.b Packet Pg. 2296 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 19 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx Statutes shall appear on the cover of the plat contained within the dedication or general notes. E. ENGINEERING 1. Detailed paving, grading, site drainage and utility plans shall be submitted to Development Services Collier County the Growth Management Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Collier County the Growth Management Department. Development Services Director. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 3. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 93-64, as amended. 4. Access into each tract as shown on the Master Plan is informational only. Location and number is subject to Preliminary Subdivision Plat or SDP approval. 5. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as shown on the Master Plan. 6. Landscaping shall not be placed within the water management areas unless specifically approved by Collier County the Growth Management Department Project Review Services. 7. Parking for development on Lots 6 and 7 is allowed to be located on the adjacent Collier Health Center PUD parcel under common ownership per LDC Section 4.05.02.J. F. FIRE PROTECTION 1. This project shall meet all fire requirements with regard to street and bridge load. 17.F.b Packet Pg. 2297 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 20 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx SECTION V DEVIATIONS 1. Deviation 1 (Buffer Requirements) requests relief from LDC Section 4.06.02, Table 2.4 “Table of Buffer Requirements by Land Use Classifications”, which requires a 10-foot- wide Type A perimeter buffer along the western boundary of Lot 7 (adjacent to the Collier Health Park PUD), to instead not require a perimeter buffer in this location. 17.F.b Packet Pg. 2298 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 21 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 17.F.b Packet Pg. 2299 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 22 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx 17.F.bPacket Pg. 2300Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples 23 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx EXHIBIT E DESCRIPTION OF PART OF SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA (CHIP PARTNERSHIP) All that part of Sections 22 and 23, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: LEGAL DESCRIPTION A PORTION OF SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°31'17" E., ALONG THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (C. R. 846) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 89°56'15" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23 AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 650.03 FEET TO A POINT 650.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23; THENCE RUN N. 00°31'17" E., PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 50.00 FEET; THENCE RUN N. 89°56'16" E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23, FOR A DISTANCE OF 23.24 FEET TO A POINT ON THE CENTERLINE OF A 100.00 FOOT DRAINAGE EASEMENT AS THE SAME IS RECORDED IN O.R. BOOK 188 AT PAGES 88 AND 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N. 41°36'37" W., ALONG THE CENTERLINE OF SAID DRAINAGE EASEMENT, FOR A DISTANCE OF 1003.57 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23; THENCE CONTINUE N. 41°36'37" W., ALONG THE CENTERLINE OF SAID DRAINAGE EASEMENT FOR A DISTANCE OF 217.30 FEET TO THE END OF SAID CENTERLINE, THE SAME BEING A POINT ON THE APPROXIMATE CENTERLINE OF HORSE CREEK; THENCE RUN N. 09°42'58" W., ALONG SAID APPROXIMATE CENTERLINE, FOR A DISTANCE OF 168.55 FEET; THENCE RUN N. 28°48'12" W., ALONG SAID APPROXIMATE CENTERLINE, FOR A DISTANCE OF 104.28 FEET; THENCE RUN N. 63°35'18" W., ALONG SAID APPROXIMATE CENTERLINE, FOR A DISTANCE OF 140.93 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 89°03'30" W., ALONG THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF 17.F.b Packet Pg. 2301 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 24 Words underlined are additions; Words struck through are deletions. H:\2023\2023040\WP\PUDA\Post CCPC\North Naples Medical Park PUD (PL-20230003895) (9-22-2023) .docx THE SOUTHEAST ONE QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 76.40 FEET TO A POINT 430.00 FEET WEST OF , AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 22; THENCE RUN S. 00°31'17" W., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 1298.46 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (C. R. 846); THENCE RUN N. 88°12'56" E. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 430.35 FEET TO THE POINT OF BEGINNING, CONTAINING 17.566 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD. Beginning at southeast corner of said Section 22 and the north right-of-way line of Immokalee Road (S.R. 846); thence along said right-of-way line and the south line of the southeast 1/4 of Section 22, North 89º-07’-15” West 430.00 feet; thence leaving said line North 00º-31’-17” East 1328.46 feet to a point on the north line of the southeast 1/4 of the southeast 1/4 of the southeast 1/4 of said Section 22; thence along said line South 89º-03’-30” East 76.40 feet; thence leaving said line and along the approximate centerline of Horse Creek in the following three (3) described courses; 1) South 63º-35’-18” East 140.93 feet; 2) South 28º-48’-12” East 104.28 feet; 3) South 09º-42’-58” East 168.55 feet to the centerline of a 100.00 foot drainage easement recorded in O.R. Book 237, page 140 and O.R. Book 188, pages 88 and 89, Collier County, Florida; thence along said centerline South 41º-36’-37” East 1220.88 feet; thence leaving said line South 89º-56’-16” West 23.24 feet; thence South 0º-31’-17” West 100.00 feet to a point on the south line of the southwest 1/4 of Section 23 and the north right-of-way line of (S.R. 846) Immokalee Road; thence along said line South 89º-56’-16” West 650.03 feet to the Point of Beginning; containing 18.71 acres more or less; subject to easements and restrictions of record; bearings are based on the south line of the southeasterly 1/4 of said Section 22, Township 48 South, Range 25 East, being North 89º- 07’-15’ West. 17.F.b Packet Pg. 2302 Attachment: Att A - Ordinance - 092223 - HAC (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) Growth Management Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Laura DeJohn, AICP, Planner III, Zoning Services Section From: Rachel Hansen, Planner III, Comprehensive Planning Section Date: August 22, 2023 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDA-PL20230003895 PETITION NAME: North Naples Medical Park PUDA REQUEST: To amend the North Naples Medical Park Commercial Planned Unit Development (CPUD), originally approved via Ordinance #90-77 and most recently amended via Ordinance 95-45 and Resolution 98-115, to allow a Hospital for Special Surgery on Lots 6 and 7. The amendment proposes to increase the maximum Floor Area Ratio (FAR) for Lots 1, 5, 6, and 7, increase the total maximum FAR from 0.35 to 0.50, increase the maximum total Gross Leasable Floor Area (GLFA) from 150,000 square feet to 205,000 square feet, adjust setbacks specific to Lots 6 and 7, and update the Master Plan accordingly. LOCATION: The subject property is located on the north side of Immokalee Road, approximately 0.30 miles west of the intersection of Immokalee Road and Goodlette-Frank Road, in Section 22, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area (Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The northern portion of Lots 6 and 7 are within the Coastal High Hazard Area. The original CPUD is consistent with the GMP via the provision that allows for support medical uses within one-quarter mile of existing medical facilities. The PUD Ordinance 95-45 Statement of Compliance found the property consistent with the GMP, as it is located within one-quarter mile of the North Collier Health Center and the then-approved site for the North Naples branch of Naples Community Hospital. In reviewing for compliance with Policy 5.6 and Policies 7.1 - 7.4 (shown below) of the Future Land Use Element (FLUE) staff provides the following analysis in [bracketed bold text.] 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). [Comprehensive Planning staff leaves this determination to Zoning 17.F.d Packet Pg. 2303 Attachment: Att C - Consistency Review PL20230003895 North Naples Medical Park PUDA (26885 : Zoning Petition - PL20230003895 North staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, developmen t standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject property has an existing connection to Immokalee Road, an arterial road, via Medical Boulevard.] 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. [Medical Boulevard serves as an interconnection between the entire PUD and the neighboring Collier Health Park PUD (Naples Community Hospital North Collier Campus).] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [There is an existing connection between the PUD and Collier Health Center PUD to the west, as well as connection to Immokalee Road via Medical Boulevard. The Cocohatchee River prevents connection to the existing single family residential to the north.] 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. [The PUD must comply with open space requirements of the LDC.] Based upon the above analysis of proposed uses and densities, Comprehensive Planning staff finds the proposed rezone petition to be consistent with the Future Land Use Element. PETITION ON CITYVIEW 17.F.d Packet Pg. 2304 Attachment: Att C - Consistency Review PL20230003895 North Naples Medical Park PUDA (26885 : Zoning Petition - PL20230003895 North 17.F.ePacket Pg. 2305Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2306Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2307Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2308Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2309Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2310Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2311Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2312Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2313Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2314Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2315Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.ePacket Pg. 2316Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment) 17.F.e Packet Pg. 2317 Attachment: Att D - NNMP PUDA NIM Documents (26885 : Zoning Petition - PL20230003895 North Naples 17.F.fPacket Pg. 2318Attachment: Affidavit of Posting Notice & Photo of Sign (9-1-2023) (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD 17.F.f Packet Pg. 2319 Attachment: Affidavit of Posting Notice & Photo of Sign (9-1-2023) (26885 : Zoning Petition - 17.F.g Packet Pg. 2320 Attachment: legal ad - agenda ID 26885 (26885 : Zoning Petition - PL20230003895 North Naples Medical Park PUD Amendment)