Commissioner LoCastroEx parte Items – Commissioner Rick LoCastro
BOARD OF COLLIER COUNTY COMMISSIONERS AGENDA
January 25, 2022
All information has been filed electronically with Minutes and Records
BOARD OF ZONING APPEALS
8.A. *** This item has been continued from the April 27, 2021 BCC
Meeting.***This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
a Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a conditional use to allow a
communications tower on lands zoned Rural Agricultural (A) within the
Mobile Home Overlay (MHO) and designated Rural Fringe Mixed Use-
Sending Lands within the Natural Resource Protection Area Overlay
and North Belle Meade Overlay in the Collier County Growth
Management Plan pursuant to Sections 2.01.03.G.4.a and
2.03.08.A.4.a(3)(a) of the Collier County Land Development Code on .95±
acres of a 5.0+/- acre tract located on the east side of the north-south
extension of Benton Road, in Section 25, Township 49 South, Range 27
East, Collier County, Florida. [PL20180002327] (District 5)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
To be
continued to
February 8th.
Ex parte Items – Commissioner Rick LoCastro
BOARD OF COLLIER COUNTY COMMISSIONERS AGENDA
January 25, 2022
All information has been filed electronically with Minutes and Records
ADVERTISED PUBLIC HEARINGS
9.A. Zoning Petition - PL20210000176, St. Matthew’s House CPUD: This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to approve an
Ordinance amending Ordinance Number 2004-41, as amended, the
Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of
Collier County, Florida, by amending the appropriate zoning atlas map
or maps by changing the zoning classification of the herein described
real property from the Devoe Pontiac Planned Unit Development (PUD)
and the General Commercial District within the Mixed Use Subdistrict of
the Gateway Triangle Mixed Use Overlay District, (C-4-GTMUD-MXD)
Zoning District to the Commercial Planned Unit Development within the
Mixed Use Subdistrict of the Gateway Triangle Mixed Use Overlay
(CPUD-GTMUD-MXD) Zoning District for a project to be known as the St.
Matthew’s House CPUD, to allow a 150 bed homeless shelter and up to
130,000 square feet of commercial development on property located at
the southeast corner of Airport Road and Glades Boulevard in Section
12, Township 50 South, Range 25 East, Collier County, Florida
consisting of 11.89+/- acres; and providing for repeal of Ordinance No.
97-14, as amended, the Devoe Pontiac Planned Unit Development and
Resolution No. 99-87 relating to a conditional use for a homeless
shelter; and by providing an effective date. (District 1)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Rick LoCastro
BOARD OF COLLIER COUNTY COMMISSIONERS AGENDA
January 25, 2022
All information has been filed electronically with Minutes and Records
CONSENT AGENDA
16.A.21. This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Sonoma Oaks (Application
Number PL20190002811) approval of the standard form Construction
and Maintenance Agreement and approval of the performance
security in the amount of $2,472,821.49. (District 3)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Rick LoCastro
BOARD OF COLLIER COUNTY COMMISSIONERS AGENDA
January 25, 2022
All information has been filed electronically with Minutes and Records
SUMMARY AGENDA
17.A. This item requires ex parte disclosure be provided by the Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Ordinance
Number 2004-41, as amended, the Collier County Land Development
Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from an Estates (E)
Zoning District to a Residential Planned Unit Development (RPUD)
Zoning District for the project to be known as Crews Road RPUD, to
allow construction of up to 60 townhomes or multi-family dwelling units
on property located northeast of the intersection of County Barn and
Whitaker Roads, in Section 8, Township 50 South, Range 26 East,
consisting of 9.96± acres; and by providing an effective date.
[PL20210000101] (District 1)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
Ex parte Items – Commissioner Rick LoCastro
BOARD OF COLLIER COUNTY COMMISSIONERS AGENDA
January 25, 2022
All information has been filed electronically with Minutes and Records
17.D. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20210001150, to disclaim, renounce and vacate the County and the
public interest in a portion of the 15-foot drainage easement located
along the border between lots 46 and 47, White Lake Corporate Park
Phase Four, as recorded in Plat Book 42, Page 42 of the public records
of Collier County, Florida, in Section 35, Township 49 South, Range 26
East, Collier County, Florida and to accept Petitioner’s grant of a 15-
foot drainage easement to replace the vacated drainage easement.
(District 5)
NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings Correspondence e-mails Calls
1
Martha S. Vergara
Subject:Off Mtg w/ Anthony Pires Tony Pires SAINT MATHEW'S HOUSE PUDR; PUD Rezone PL20210000176
Location:Office Mtg
Start:Fri 1/21/2022 11:00 AM
End:Fri 1/21/2022 11:30 AM
Recurrence:(none)
Organizer:LoCastroRick
Categories:Purple
Tony Pires
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239-649-6555 Phone; 239-649-7342 Fax
apires@wpl-legal.com
Good morning Commissioner LoCastro and Aixa. I hope all is well.
Saint Mathew's House PUDR; PUD Rezone PL20210000176 was heard by the Collier County
Planning Commission on December 2, and 16, 2021. The Planning Commission voted 3-2 to
recommended approval of a revised proposed PUD document to the County Commission. At the
present time, the item is scheduled for the January 25, 2022 County Commission meeting.
Our client, West Shore Point of Naples, LLC has remaining concerns regarding the revised proposed
PUD document and we would like to have a meeting before the January 25, 2022 to discuss those
concerns/objections. Please let me know of available dates and times.
1
Martha S. Vergara
Subject:Office Mtg regarding SMH application w/ Steve Broder, board chairman, and immediate past board
chairman
Location:Office
Start:Thu 1/6/2022 11:00 AM
End:Thu 1/6/2022 12:00 PM
Recurrence:(none)
Organizer:LoCastroRick
Categories:Purple
Steve
Steve Brooder
Chief Executive Officer | St. Matthew’s House
Office: (239) 298‐5039
sbrooder@stmatthewshouse.org
www.stmatthewshouse.org | Facebook
“Touching Hearts. Transforming Lives.”
1
CapizziAixa
Subject:Off Mtg w/ Anthony Pires Tony Pires SAINT MATHEW'S HOUSE PUDR; PUD Rezone PL20210000176
Location:Office Mtg
Start:Fri 1/21/2022 11:00 AM
End:Fri 1/21/2022 11:30 AM
Recurrence:(none)
Organizer:LoCastroRick
Categories:Purple
Tony Pires
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239-649-6555 Phone; 239-649-7342 Fax
apires@wpl-legal.com
Good morning Commissioner LoCastro and Aixa. I hope all is well.
Saint Mathew's House PUDR; PUD Rezone PL20210000176 was heard by the Collier County
Planning Commission on December 2, and 16, 2021. The Planning Commission voted 3-2 to
recommended approval of a revised proposed PUD document to the County Commission. At the
present time, the item is scheduled for the January 25, 2022 County Commission meeting.
Our client, West Shore Point of Naples, LLC has remaining concerns regarding the revised proposed
PUD document and we would like to have a meeting before the January 25, 2022 to discuss those
concerns/objections. Please let me know of available dates and times.
1
CapizziAixa
Subject:Office Meeting SMH pl20210000176 - West Shore Point Naples, The Point at Naples w/ Anthony
Pires & a rep of West Shore Point Naples & Stephen Tilbrook attend by phone
Location:Commissioner LoCastro's Office
Start:Wed 12/15/2021 12:00 PM
End:Wed 12/15/2021 1:00 PM
Recurrence:(none)
Meeting Status:Accepted
Organizer:LoCastroRick
Required Attendees:apires@wpl-legal.com
Optional Attendees:CapizziAixa; stephen.tilbrook@akerman.com
Categories:Purple
Laura Greg 649‐6555
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239‐649‐6555 Phone; 239‐649‐7342 Fax
apires@wpl‐legal.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Martha S. Vergara
Subject:SAINT MATHEW'S HOUSE PUDR
Start:Wed 12/15/2021 11:30 AM
End:Wed 12/15/2021 1:00 PM
Recurrence:(none)
Organizer:LoCastroRick
Good morning. I stand corrected, but in reviewing the Agenda Packet for the continued
hearing to consider (PUDR) PUD Rezone; PL20210000176, scheduled for this
Thursday, December 16, 2021, the following documents/exhibits/materials
used/presented/tendered for the record/accepted at the December 2, 2021 hearing
and our timely submittal made before noon on December 6, 2021 are not included:
1. PowerPoint on behalf of West Shore Point Naples LLC; Opposition to – St.
Matthew’s House Inc.’s Application for Commercial Planned Unit Development.
2. Email dated December 6, 2021 from attorney Steve Tilbrook to staff, prior to the
noon deadline on December 6, 2021.
We respectfully request that these materials be provided to all of the Planning
Commission members before the December 16, 2021 continued meeting.
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239-649-6555 Phone; 239-649-7342 Fax
apires@wpl-legal.com
1
Martha S. Vergara
Subject:Office Meeting SMH pl20210000176 - West Shore Point Naples, The Point at Naples w/ Anthony
Pires & a rep of West Shore Point Naples & Stephen Tilbrook attend by phone
Location:Commissioner LoCastro's Office
Start:Wed 12/15/2021 12:00 PM
End:Wed 12/15/2021 1:00 PM
Recurrence:(none)
Meeting Status:Accepted
Organizer:LoCastroRick
Required Attendees:apires@wpl-legal.com
Optional Attendees:CapizziAixa; stephen.tilbrook@akerman.com
Categories:Purple
Laura Greg 649‐6555
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239‐649‐6555 Phone; 239‐649‐7342 Fax
apires@wpl‐legal.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
From:Zach Lombardo
To:YoungbloodAndrew; GundlachNancy
Cc:Anthony Pires; stephen.tilbrook@akerman.com; AshtonHeidi; KlatzkowJeff; BellowsRay;
cward@jcconsultinginc.net; Pramod Choudhary; Lenore Brakefield
Subject:RE: Objections to St. Matthew’s House (PUDR) PUD Rezone; PL20210000176; PowerPoint
Date:Wednesday, December 1, 2021 6:16:28 PM
Attachments:image001.jpg
2021-12-01 Draft PPT v5.pptx
Mr. Youngblood,
After further review, there were some typographical errors. Please use the attached. It has corrected
the typographical errors and added slide numbers.
– Zachary W. Lombardo, Esq.
From: YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov>
Sent: Wednesday, December 1, 2021 4:01 PM
To: Zach Lombardo <zlombardo@wpl-legal.com>; GundlachNancy
<Nancy.Gundlach@colliercountyfl.gov>
Cc: Anthony Pires <APires@wpl-legal.com>; stephen.tilbrook@akerman.com; AshtonHeidi
<Heidi.Ashton@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>; BellowsRay
<Ray.Bellows@colliercountyfl.gov>; cward@jcconsultinginc.net; Pramod Choudhary
<pchoudhary@keithteam.com>; Lenore Brakefield <lbrakefield@wpl-legal.com>
Subject: RE: Objections to St. Matthew’s House (PUDR) PUD Rezone; PL20210000176; PowerPoint
I have this saved for tomorrow’s meeting.
Andrew Youngblood, MBA
Operations Analyst
Zoning Division
3 inch Collier County Logo 1200 dpi
2800 N. Horseshoe Dr.
Naples, FL 34104
Direct Line - 239.252.1042
andrew.youngblood@colliercountyfl.gov
From: Zach Lombardo <zlombardo@wpl-legal.com>
Sent: Wednesday, December 1, 2021 3:37 PM
To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; YoungbloodAndrew
<Andrew.Youngblood@colliercountyfl.gov>
Cc: Anthony Pires <APires@wpl-legal.com>; stephen.tilbrook@akerman.com; AshtonHeidi
<Heidi.Ashton@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>; BellowsRay
<Ray.Bellows@colliercountyfl.gov>; cward@jcconsultinginc.net; Pramod Choudhary
<pchoudhary@keithteam.com>; Lenore Brakefield <lbrakefield@wpl-legal.com>
Subject: RE: Objections to St. Matthew’s House (PUDR) PUD Rezone; PL20210000176; PowerPoint
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Ms. Gundlach and Mr. Youngblood,
The PowerPoint is attached.
– Zachary W. Lombardo, Esq.
From: Zach Lombardo
Sent: Wednesday, December 1, 2021 3:17 PM
To: Nancy.Gundlach@colliercountyfl.gov
Cc: Anthony Pires <APires@wpl-legal.com>; stephen.tilbrook@akerman.com; AshtonHeidi
<Heidi.Ashton@colliercountyfl.gov>; Jeff.Klatzkow@colliercountyfl.gov; BellowsRay
<Ray.Bellows@colliercountyfl.gov>; cward@jcconsultinginc.net; Pramod Choudhary
<pchoudhary@keithteam.com>; Lenore Brakefield <lbrakefield@wpl-legal.com>
Subject: Objections to St. Matthew’s House (PUDR) PUD Rezone; PL20210000176; PowerPoint
Ms. Gundlach,
By way of update, we, on behalf of West Shore Point Naples, LLC, will have you our PowerPoint
presentation within the hour.
– Zachary W. Lombardo, Esq.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in
writing.
From:Anthony Pires
To:CapizziAixa
Subject:RE: Request for meeting; West Shore Point Naples, The Point at Naples
Date:Friday, December 3, 2021 2:19:04 PM
Attachments:image001.jpg
image002.jpg
image003.jpg
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Thank you very much Aixa.
12 noon on Wednesday, December 15, 2021 in Commissioner LoCastro’s office and
right now it will be, attorney Stephen Tilbrook and a representative of West Shore
Point Naples LLC.
Again, thank you for getting back to me so quickly, and congratulations to
Commissioner LoCastro’s daughter.
Tony Pires
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239-649-6555 Phone; 239-649-7342 Fax
apires@wpl-legal.com
Firm Website: www.wpl-legal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that
you have received this transmittal in error; any review, dissemination, distribution or copying of this
transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please
notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this
message and all its attachments.
From: CapizziAixa <Aixa.Capizzi@colliercountyfl.gov>
Sent: Friday, December 3, 2021 1:28 PM
To: Anthony Pires <APires@wpl-legal.com>
Subject: RE: Request for meeting; West Shore Point Naples, The Point at Naples
Hello Tony,
Commissioner LoCastro will be out of town next week attending his daughter’s college graduation.
He is available for a meeting in his office on Wednesday, December 15th @ 12pm. Does that work?
Best regards,
Aixa Capizzi, MAA
Executive Coordinator to Commissioner LoCastro
3299 Tamiami Trl E, Suite 303, Naples FL 34112
Phone: 239.252.8601
Aixa.Capizzi@colliercountyfl.gov
New Logo Version 4 Hi Res (003)
Don’t miss out! Sign up here for our newsletter!
From: Anthony Pires <APires@wpl-legal.com>
Sent: Friday, December 3, 2021 1:02 PM
To: LoCastroRick <Rick.LoCastro@colliercountyfl.gov>; CapizziAixa
<Aixa.Capizzi@colliercountyfl.gov>
Subject: Request for meeting; West Shore Point Naples, The Point at Naples
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender
and use extreme caution when opening attachments or clicking links.
Good afternoon Commissioner LoCastro and Aixa. I hope all is well.
I and a representative of my client, West Shore Point Naples LLC, the owner of the
residential community The Point at Naples, would like to have a meeting with
Commissioner LoCastro in the next week. Please let me know if that would be
possible.
Thank you in advance,
Tony Pires
Anthony P. Pires, Jr., B.C.S.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail, Suite 200
Naples, Florida 34103
239-649-6555 Phone; 239-649-7342 Fax
apires@wpl-legal.com
Firm Website: www.wpl-legal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that
you have received this transmittal in error; any review, dissemination, distribution or copying of this
transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please
notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this
message and all its attachments.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
Opposition to –
St. Matthew’s House Inc.’s
Application for Commercial
Planned Unit Development
Collier County, FL, PL20210000176
1
Presenters
•West Shore Point Naples, LLC
•Adjacent Property Owner
•Legal Counsel:
•Stephen Tilbrook, Esq.
•Anthony Pires, Esq., BCS
•Expert Planner:
•Cecelia Ward, AICP
•Expert Traffic Engineer
•Pramod Choudhary, PE, PTOE
2
Summary
of
Objections
and Issues
•The Project is inconsistent with the Collier County Growth Management Plan
•The Project is not in compliance with the Collier County LDC section 10.02.13
•The Project is not in compliance with the Collier County LDC section 10.02.08
•The Project is inconsistent with the Collier County Community Character Plan
3
Objections and Issues
•The rezoning is not compatible with nor complementary to the adjacent
residential community.
•The impacts of a 50% increase in homeless shelter beds have not been
evaluated nor mitigated.
•The significant reduction in living space per homeless resident is contrary to
the land development code (“LDC”), the impact of which has not been
evaluated, such as vagrancy, theft, and crime generally.
•The significant expansion of commercial and homeless related uses is not
evaluated nor justified.
4
Objections and Issues Continued
•The traffic impacts associated with the commercial and homeless shelter
expansion have not been accurately assessed nor evaluated.
•The expansion of allowed commercial and addition of an industrial district
use will have an adverse impact to the adjacent residential community.
•The application does not provide adequate buffering of adjacent residential
communities.
•The application does not meet the criteria for a rezoning and is not
appropriate for a new PUD.
5
Subject Property is located just
West of and adjacent to The
Point at Naples, multifamily
residential apartments owned by
West Shore Point Naples, LLC
6
The Point at Naples
•Work force housing
•Owner managed
•Owner acquired in 2016
7
Planner –
Cecelia Ward, AICP
8
Planning Review
The Rezoning and PUD Application is:
•Inconsistent with the County’s GMP, including:
•the Future Land Use Element.
•is not compatible with nor complementary to the adjacent multifamily residential use.
•Not in compliance with:
•the County’s LDC Evaluation Criteria for PUDs; and,
•the County’s LDC Evaluation Criteria for Rezoning.
•Inconsistent with the County’s Community Character Plan.
9
PROPOSED COMMERCIAL USES:
Change in uses – proposed rezoning
Expands C-4 permitted uses over entire 11.89-acre area
Removes Conditional Use Review for the following, proposed new uses: and expansion of existing uses:
•General Warehousing and Storage (4225); Legal counsel and prosecution (9222; Used vehicle sales (5521; Boat dealers (5551); and Homeless Shelter
Allows uses that are currently only permitted in Industrial District [2.03.04.A.1.a.35]:
•Refrigerated warehousing and storage warehousing, cold or refrigerated only (4222)
Allows uses that are not currently permitted uses:
•Not-for-profit food bank.
•Homeless shelter use is not allowed in existing DeVoe Pontiac CPUD
Impact of rezoning on Permitted and
Conditional Uses
10
Significant difference
between:
Allowing the uses as
conditional uses
versus
Allowing the uses as
Proposed by the
Application (permitted
uses)
Conditional Use Application Would
Otherwise:
•Allow imposition of various site/development
conditions on any approval to assure adequate
protection of impacts on adjacent
neighborhoods.
•Conditions and safeguards. In
recommending approval of a
conditional use, the Planning Commission
may also recommend
appropriate conditions and safeguards in
conformity with the LDC.
Section 10.08.00 of the LDC
11
Inconsistent with
Growth Management Plan
The Application is Inconsistent with FLUE Policy 5.6 in that it:
Increases the opportunity for incompatibility with the adjacent multifamily residential neighborhood by proposing the expansion of Social Service Uses and Introduction of Commercial and Industrial Uses without the “protections” afforded under Conditional Use Review; and,
Creates the potential for additional Impacts caused by vagrancy, traffic, noise, litter, lighting, loading, and the like from such proposed uses, which, without Conditional Use review, has the potential to result in impacting the quality of life of the nearby residents.
The Application is Inconsistent with the Bayshore /Gateway Triangle Redevelopment Overlay and Mixed-Use Development in that it:
Proposes a Social Service Campus that does not:
Provide pedestrian connections with an opportunity for nearby residents to utilize uses that would otherwise be provided from a shopping center/retail type of mixed-use development.
12
Not in Compliance with County PUD and
Rezoning Evaluation Criteria
The Application:
Lacks information and analysis in order to:
•determine impacts on light and air to the adjacent residential neighborhood;
•assure there will be no negative impacts on adjacent property values;
•assure the adequacy of available public and private improvements based on the timing or sequence
of development; and,
•justify the deviations requested.
Potentially grants special privileges to the applicant by seeking to significantly reduce the amount of
square feet required by the LDC for homeless shelters.
13
Not in Compliance with County PUD and
Rezoning Evaluation Criteria (Continued)
Has not demonstrated a need for the rezoning.
•According to both the County staff and the applicant, the C-4 zoning and the DeVoe
Pontiac CPUD both allow the nonresidential commercial uses without the need to rezone
the subject property.
•Ownership of the property in and of itself should not be the sole basis for the rezoning.
14
Traffic Engineer –
Pramod Choudhary, PE,PTOE
15
Deficiencies in the Traffic Impact Statement
No Adjustment in Traffic Volumes for Fluctuations Caused by COVID:
The pre-COVID peak hour volumes should have been grown using historical growth rate to develop 2021 volumes for
the assessment of the impact.
Trip Generation Estimate is not consistent with the ITE Guidelines:
St. Matthews House is an existing facility, and actual trip generation data should have been collected from the site.
Land Use code 254 has only two data points and should not have been used to estimate trip generation for the group
home/homeless shelter (Assisted Living Facility).
The trip generation procedure does not follow the guidelines on Pages 26 and 28 of the ITE Trip Generation
Handbook, 3rd Edition.
16
Deficiencies in the Traffic Impact Statement
Pass-By Trips not adequately accounted for in assessing the traffic impact:
Pass -by trips should not be deducted from the total trips for assessing the impact on roadway segments.
The pass-by trips, otherwise destined as through trips, will make a left turn, U-Turn, or a right turn into the
development as pass-by trips, and should accordingly be considered for impact assessment.
No adequate justification for Trip Distribution assumptions:
Trip Distribution should be based on actual traffic volumes on the roadway segments.
The project site is on the segment from Davis Blvd to US 41 and equal split from the north and the south would make
more sense.
17
Deficiencies in the Traffic Impact Statement
Trip Assignment fails to account for median openings and driveway locations:
The Great Blue Drive access point does not have a full median opening and therefore, all exiting traffic from this
driveway will have to go north on Airport Pulling Road and make a U-turn to go south. This results in 100% of the site
traffic on this link of Airport Pulling Road and therefore, should be evaluated accordingly for impact assessment.
Increase in Commercial Use not accounted for traffic impact assessment:
Staff Report (Page 9 and 10) identifies 64,000 sq.ft. of existing commercial land use to be increased to 130,000 sq. ft.
of commercial land use. This increase has not been accounted for in the trip generation.
This increase in commercial land use will potentially add additional 270 trips during the PM Peak Hour resulting in
much more than 2% impact on the roadway segments.
Impacts on Great Blue Drive:
No analysis has been performed for Great Blue Drive, the main access to the residential development, to evaluate the
existing and the proposed conditions and establish that sufficient capacity exists on Great Blue Drive. [See section
5.5.D of the David A. Gallman Estate PUD]
18
Deficiencies in the Traffic Impact Statement
•No Adjustment in Traffic Volumes for Fluctuations Caused by COVID.
•As an existing facility, and actual trip generation data should have been collected
from the site.
•Trip Generation Estimate is not consistent with the ITE Guidelines.
•Pass-By Trips not adequately accounted for in assessing the traffic impact.
•No adequate justification for Trip Distribution assumptions.
•Trip Assignment fails to account for median openings and driveway locations.
•Increase in Commercial Use not accounted for in traffic impact assessment.
•No Analysis of the impacts on Great Blue Drive.
19
Summary of Objections and Issues
•The rezoning is not compatible with nor complementary to the adjacent residential
community.
•The impacts of a 50% increase in homeless shelter beds have not been evaluated
nor mitigated.
•The significant reduction in living space per homeless resident is contrary to the
land development code (“LDC”), the impact of which has not been evaluated, such
as vagrancy, theft, and crime generally.
•The significant expansion of commercial and homeless related uses is not
evaluated nor justified.
20
Summary Continued
•The traffic impacts associated with the commercial and homeless shelter
expansion have not been accurately assessed nor evaluated.
•The expansion of allowed commercial and addition of an industrial district
use will have an adverse impact to the adjacent residential community.
•The application does not provide adequate buffering of adjacent residential
communities.
•The application does not meet the criteria for a rezoning and is not
appropriate for a new PUD.
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Requested
Changes to
Proposed
PUD,
As contained in our
proposed revisions:
•Prohibit homeless shelter, residential care, and group care facilities on Tract B.
•Exclude alcoholism counseling (nonresidential), offender rehabilitation agencies, probation offices, refugee services, and public welfare centers on Tract A.
•Eliminate warehousing and storage, refrigerated warehousing and storage as a principal use on Tract B.
•Permit warehousing and storage, refrigerated warehousing and storage as an accessory use to not for profit food bank only on Tract B.
•Eliminate deviation 1, that would otherwise reduce the minimum floor area for homeless shelter from 150 square feet per person to 100 square feet per person.
•Provide for enhanced landscape buffers at the time of redevelopment of 15-foot wide, type B landscape buffer adjacent to residential, and 20-foot wide, type D for areas adjacent to Airport-Pulling Road located within the Activity Center #16.
•Prohibit overhead loading doors facing East.
•Limit loading/unloading and delivery house to between 7am and 9pm on weekdays.
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In Conclusion:
Respectfully request Planning Commission
recommend denial of the application as
submitted.
Or, if inclined to recommend approval,
respectfully request recommending approval of
the PUD with West Shore’s changes to the PUD.
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