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CCPC Agenda 10/19/2009 S Staff Reports COLLIER COUNTY PLANNING COMMISSION SPECIAL MEETING AGENDA GMP AMENDMENT TRANSMITTAL HEARINGS STAFF REPORTS STAFF DOCUMENTS OCTOBER 19, 2009 IIIIIII I COLLIERCOUNTY Growth Management Plan A.mendmeIlts 2007 -- 2008 Combined Cycle & Petiti()n CP--2009--1 TRANSMITTAL HEARIN GS CCPC: Octoller 19, 2009 COIIEIIS: SeaH Repores l. Ocher SeaH IlcuRlenes SPECIAL AGENDA ~OLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., ON MONDAY, OCTOBER 19, 2009 ~ THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HA VE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE ccpe AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MA TERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DA YS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. CP-2008-1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates Shopping Center Subdistrict to allow a maximum of 225,000 square feet of commercial uses of the C-4 zoning district, with exceptions, and some uses of the C-5 zoning district, with requirement to construct a grocery store, for property located on the north side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49 South, Range 27 East, consisting of :t40.62 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] B. CP-2008-2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional 390,950 square feet of commercial uses of the C-4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of :t56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] C. CP-2008-3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Golden Gate Parkway Mixed-Use Subdistrict to allow 100,000 square feet of commercial uses of the C-l through C-3 zoning districts, and residential multi-family use at 3.55 dwelling units per acre with allowance for higher density for provision of affordable housing and for conversion of un-built commercial square feet, for property located at the southwest comer of Golden Gate Parkway and Santa Barbara Boulevard (the site of Naples Christian Academy (NCA) and a church), in Section 29, Township 49 South, Range 26 East, consisting of :t20.7l acres. [Coordinator: Leslie Persia, Senior Planner] D. CP-2007-1, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Wilson Boulevard Commercial Subdistrict, to allow a maximum of 40,000 square feet of commercial uses of the C-l through C-3 zoning districts, for property located on the southeast comer of Immokalee Road (CR 846) and Wilson Boulevard, in Section 27, Township 48 South, Range 27 East, consisting of :!:5.17 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] E. CP-2007-2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Immokalee Road/Oil Well Road Commercial Subdistrict to allow a maximum of 70,000 square feet of commercial uses of the C-I through C-3 zoning districts, for property located at the southwest comer of Immokalee Road (CR 846) and 33rd Avenue Northeast, in Section 15, Township 48 South, Range 27 East, consisting of :!:lO.28 acres. [Coordinator: Carolina Valera, Principal Planner] F. CP-2007-3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, and 2,500 square feet of health services, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of :t21.72 acres. [Coordinator: Beth Yang, AICP, Principal Planner] G. CP-2007-S, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to create the LoganJImmokalee Mixed Use Subdistrict to allow a maximum of 260,000 square feet of commercial uses of the C-l through C-4 zoning districts, maximum of 60 dwelling units, and agricultural uses, for property located at the southeast corner of Immokalee Road (CR 846) and Logan Boulevard, in Section 28, Township 48 South, Range 26 East, consisting of:t 41 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] H. CP-2008-4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re-designate from Rural Fringe Mixed-Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn A venue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of :!:28.70 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] I. CPSP-2008-7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] J. CP-2009-1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade-Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami-Dade/Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608:t acres. [Coordinator: Thomas Greenwood, AICP, Principal Planner] 13. ADJOURN CCPC AGENDA TO CONSIDER 2007-2008 (AND 2009) TRANSMITT AL CYCLE GMPA's DW/MK c DATE: TO: FROM: RE: C 4:>-a4. ..--... -r:,y October 1, 2009 Planning Commissioners Marcia R. Kendall/Senior Planner CCPC Advertisement Affidavit for Growth Management Plan Amendments 2007-2008 Combined Cycle Please be advised that due to timing the advertisement affidavit is not included but will be provided to the BCC. Thank you. Comprehensive Planning Department RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, INCLUDING THE FUTURE LAND USE MAP AND MAP SERIES, AND THE GOLDEN GATE AREA MASTER PLAN, INCLUDING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, AND FURTHERMORE TRANSMITTING THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the following elements of its Growth Management Plan: Future Land Use Element, including the Future Land Use Map and Map Series, Golden Gate Area Master Plan, including the Golden Gate Area Master Plan Future Land Use Map and Map Series, and WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has made recommendations on said amendments to the Board of County Commissioners; and Words underlined are additions; Words ctrucl< through are deletions WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendments, various State agencies and the Department of Community Affairs (DCA) have sixty (60) days to review the proposed amendment and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said sixty (60) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan amendments, must review and determine if the Plan amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, TI-lEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendments, prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. Words underlined are additions; Words struck through are deletions 2 THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day of ,2010. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Heidi Ashton-Cicko, Assistant County Attorney Land Use Section Chief CP-2007-1, CP-2007-2, CP-2007-3, CP-2007-5, CP-2008-1, CP-2008-2, CP-2008-3, CP-2008-4, CPSP-2008-7 and CP-2009-1 GMP Transmittal Resolution Words underlined are additions; Words ctruck through are deletions 3 CP-2008-1 Exhibit A GOLDEN GATE AREA MASTER PLAN [Page 4] Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** *** *** *** *** *** *** B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center Subdistrict 2. Pine Ridge Road Mixed Use Subdistrict 3. Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5. Golden Gate Estates Commerciallnfill Subdistrict 6. Estates Shoppina Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** B. Estates - Commercial District 6. Estates ShoDDina Center Subdistrict - Recoanizina the need to provide for centrally located basic aoods and services within a portion Northern Golden Gate Estates. the Estates Shoppina Center Subdistrict has been desianated on the Golden Gate Area Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extendina northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates. totalina approximately 41 acres. The Estates Shoppina Center Subdistrict is intended to provide convenient shoppina. personal services and employment for the central areas of Northern Golden Gate Estates. Commercial development in this Subdistrict will reduce driving distances for many residents, assist in minimizina the road network reauired. and reduce traffic impacts in this area of Collier County. All development in this Subdistrict shall comply with the followina reauirements and limitations: a. Allowable Uses shall be limited to the followina: 1 Words underlined are added; words struol< through are deleted. Row of asterisks (*** *** ***) denotes break in text. _n....- ......... '_H. CP-2008-1 1. Amusement and Recreation (Groups 7911, 7991, 7993 and 7999. including onlv day camps. gymnastics instruction, iudo/karate instruction, sporting goods rental and yoga instruction) 2. Apparel and Accessorv Stores (Groups 5611-5699) 3. Auto and Home Supply Stores (Groups 5531. 5541, including gasoline service stations without repair) 4. Automotive Repair and Services (Groups 7514, 7534, including only tire repair, 7539, including on Iv minor service, lubricating and diaonostic service) and 7542) 5. Business Services (Groups 7334-7342, 7371-7376. 7379, 7382, 7383. 7384. and 7389) 6. Child Day Care Services (Group 8351) 7. Communications (Groups 4812,4841) 8. Depository and Non-Depositorv Institutions (Groups 6021-6062, 6091. 6099.6111-6163, including drive through facilities) 9. Eating Places (Group 5812, including only Iiguor service accessory to the restaurant use. 10. Educational Services (Group 8299) 11. Engineering, Accounting, Research and Manaoement (Groups 8711- 8721 , 8741-8743. 8748) 12. Food Stores (Groups 5411-5499, including convenience stores with qas) 13. General Merchandise Stores (Groups 5311. 5331, and 5399) 14. Government Administration Offices (Groups 9111-9199) 15. Hardware, Garden Supply and Paint/Wallpaper Stores (Groups 5231. 5251 . and 5261) 16. Holding and Other Investment (Groups 6712-6799) 17. Home Furniture/Furnishings (Groups 5712-5736) 18. Insurance Carriers (Groups 6311-6361) 19. Justice. Public Order and Safety (Groups 9221, 9222, 9229, and 9311) 20. Meeting and Banquet Rooms 21. Miscellaneous Retail (Groups 5912, 5921 (accessory to grocery or pharmacy only) 5932, 5941-5949, 5992-5995, and 5999) 22. Personal Services (Groups 7211,7212.7215.7221-7251,7291-7299) 23. Real Estate (Groups 6512-6552) 24. Security and Commodity Brokers (Groups 6211-6289) 25. Transportation Services (Group 4724) 26. Video Rental (Group 7841) 27. U.S. Post Office (Group 4311, excludinq maior distribution centers) 28. Any other similar use as may be approved bv the Board of Zoning Appeals The following uses shall be prohibited within the Subdistrict: b. The following uses shall be prohibited: 1. Drinking Places (5813) and Stand Alone Liguor Stores (5921) 2. Mail Order Houses (5961) 3. Merchandizing Machine Operators (5962) 4. Power Laundries (7211) 2 Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-1 5. Crematories (7261) 6. Radio. TV Representatives (7313) and Direct Mail Advertisina Services (7331 ) 7. NEC Recreational Shootina Ranges, Waterslides, etc. (7999) 8. General Hospitals (8062). Psychiatric Hospitals (8063). and Specialtv Hospitals (8069) 9. Elementarv and Secondary Schools (8211). Colleges (8221), Junior Colleaes (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Manaaement (9511) 13. Homeless Shelters and Soup Kitchens c. Development intensity shall be limited to 225.000 sauare feet of gross leasable floor area. d. The arocerv use will be a minimum of 27,000 sauare feet. with the exception of the grocery use, no individual user may exceed 30,000 sauare feet of buildina area. e. Development within this Subdistrict shall be phased and the followina commitments related to area roadway improvements shall be completed within the specified timeframes: 1. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost within 120 days of a written request from the County. 2. The applicant will pav its fair share for the intersection improvements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County reauest for reimbursement. 3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more than 100.000 sauare feet of development. The applicant must obtain a C.O. for a arocerv store as part of this 100,000 sauare feet. and the arocerv store must be the first C.O. obtained. f. Rezonina is encouraaed to be in the form of a Planned Unit Development (PUD). and the rezone ordinance must contain development standards to ensure that all commercial land uses will be compatible with neighboring residential uses. A conceptual plan. which identifies the location of the permitted development area and reauired preserve area for this subdistrict is attached. The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan reauirements for retained native vegetation, includina but not limited to the requirements of Policv 6.1.1 of the CCME. A more detailed development plan must be developed and utilized for the reauired PUD rezonina. 3 Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-1 a. Development standards. includina permitted uses and setbacks for principal buildinas shall be established at the time of PUD rezonina. Anv future PUD rezone shall include at a minimum: (1) A minimum twenty-five (25) feet wide landscape buffer must be provided adiacent to external rights-of-wav. (2) No commercial building may be constructed within 125 feet of the northern or western property boundary of this subdistict. (3) Anv portion of the Proiect directlv abuttina residential property (propertv zoned E-Estates and without an approved conditional use) shall provide, at a minimum. a seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parkina uses are permitted. Twentv-five (25) feet of the width of the buffer alona the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native veaetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water manaaement detention. Anv newlv constructed berm shall be reveaetated to meet subsection 3.05.07.H of the LDC (native veaetation replantina reauirements). Additionallv, in order to be considered for approval. use of the native veaetation retention area for water manaaement purposes shall meet the following criteria: (4) There shall be no adverse impacts to the native vegetation beina retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existina veaetation. (5) If the proiect reauires permittina bv the South Florida Water Manaaement District. the proiect shall provide a letter or official document from the District indicatina that the native veaetation within the retention area will not have to be removed to complv with water manaaement reauirements. If the District cannot or will not supplv such a letter, then the native veaetation retention area shall not be used for water manaaement. (6) If the proiect is reviewed bv Collier County, the County enaineer shall provide evidence that no removal of native veaetation is necessary to facilitate the necessary storaae of water in the water manaaement area. *** *** *** *** *** *** *** *** *** *** *** *** [Page 27] A. Estates Mixed Use District 2) Neiahborhood Center Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning 4 Words underlined are added; words ctruok through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-1 will be granted. The designation only provides the opportunity to request commercial zoning. a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers. b) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates, (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: . Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all four three quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson Boulevard. Tho NW quadrnnt of the Center iE: approximately 1.98 ncroE: in cize and oonE:iE:tc of Traot 11<1, Unit 11 of Golden Gato EE:tatoc. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map * * * * * * * * * * * * * Golden Gate Parkway Institutional Subdistrict Estates Shoppina Center Subdistrict 5 Words underlined are added; words ctruok through are deleted. Row of asterisks (*** *** ***) denotes break in text. ~ = E- ~ o = Cl =: r.1 E- Z r.1 U C Z ..... ~ ~ o t:r:: rn ell ~ ~ -< Eo-< ell ~ 61 O. (''-I \ II 1 , . .~ I "I ~j ~! (/) , I I I ...... ~ o o ~ a. () C <tl E E :::l (/) Q) > 'Z:; :::l U W >< LU W .c. .... o ..... ~ - l:: <1> E .c. u <tl P <! .n rei .0 (:'''' (fj 1/; <1) o u "" '+-- C l- . <1)~ .L' "" E ;:; ;::l h ~ ~ '0 ft aQ @~ .- p.. !g~ r-~ ~ QJ ....... .-C: .;::: f-" v _.~ .s Q ....... 2 "" P. 'CJ \'1) 1) c) ,...c g~ u..c 1J E3 ~. 'l:. (';j 0 j.:; () ~.n o~ ,L:;C;:: .n :s: v~-+-- .8 ~ 00' p, <" .." p, ci'i v ~ '7:3 <( 2 EXHIBIT A f'r rnl(H~ U' .'UUiHII O\\~J1 LEGEND bSIAH::loI DEelc.NAi'lOU ",,~HI'~OlI UUAl/t'lUfl.Al UIU:lAN UiOSIGtllAlltJN . . I..~ GOLDEN FUTURE LAND GATE AREA USE MAP ! "' O~'f.ltl"" fS AND 51'tOelAt Il:ATUHl:;S liJ!j..w.,,,,,. . o . OJ' ."...... ,..- \ \ ~/ ,,, 'q III :;::1I'i,r~~:,~~r;;:;'~:"" [j. lmil . !IIil L J ",,,, .,;;':';' . 1J\'IMI)I~,\l.IJ': 1(,r,\I. ;J " '" ..l ~ v: J .,1' tlll. ""'J':U l!tl,\ii j.\1MOIC-\I,EI': lWAIJ " ~ ~ ~UHJE'C 1 ';1 II Cr).;""JuH-01 \ : '"'...... (H.iI.llEi:N GATJ<; " :A '" ~ ::i ~ 8 '" Cl HEM 'H IW/\/J Ii H(}lIU~VAlm I PINE R1DQ!; Will'fll BLVD. if-. ~ ;; '" ~ ." ): :3 .1 ;;; i-- ~ A " .. '-' '" <4 ~~ Li,b, I P',K,WY. '-''.j ':-.1 ~ ~ IN'lJ~'lt~'r'''\"},J'-' 'q S.H 8-1 1),\ VI:::; HoLLL.;V ,\ttJ 1/:' t>_H~j/l % ~ I g C' !:f1 ~ S '" .', G "" Jl ~' .JJ r..1 ~_. , o I"" - --"I I kt M ~ 1(, Zt; t. I' ::~.__..l_ li:!.'/I< EXHIBIT A PETITION CP-2008-01A EST A TES SHOPPING CENTER SUBDISTRICT Collier County, Florida IMMOKALEE LEGEND r~// ~ "''''ON "" / / ESTATES / ~ ""'-,",,, " "," AREA I o I t 1/2 MI. 1 MI. L:l ESTATES SHOPPING CENTER SUBDISTRICT PREPARED BY: GIS/CAD MAPPING SECllON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FilE: GGMP-43-2008-6.DWG DAlE: 9/2009 EXHIBIT A PETITION CP-20OS-01 B WILSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER Collier County, Florida ~ // / ,/ IMMOKALEE GA. TE B9ULEVfiRP / ADOPTED - SEPTEMBER 10, 2003 (Ord. No. 2003-44) AMENDED - JANUARY 25, 2007 (Ord. No. 2007-19) AMENDED - DECEMBER ~ 2007 (Ord. No. 2007-76) AMENDED - OCTOBER 14, 2008 (Ord. No. 2008-59) \ I I I o 1/2 MI. 1 MI. PREPARED BY: GIS/CAD MAPPING SECllON COMMUNITY OEVElOPMENT AND ENVIRONMENTAL SERVICES DIVISION FilE: GGMP-43-2008-5.DWG DATE: 9/2009 LEGEND GOLDEN GA TE ESTATES SETTLEMENT AREA D NEIGHBORHOOD CENTER ~ IMMOKALEE ROAD EXHIBIT A GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florida GOLDEN GATE BOULEVARD WHITE BLVD. IMMOKALEE ROAD OIL WELL ROAD ci > --! CD Z o (.f) --! 3 INTERSTATE - 75 21..11 PREPARED BY: GIS/CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP-47-2008-2.DWG DATE: 9/2009 o > --! CD n::: w :J --! o U 1 o 1 MI AMENDED - SEPTEMBER 10, 2003 (Ord. No. 2003-44) AMENDED - OCTOBER 26, 2004 (Ord. No. 2004-71) AMENDED - JANUARY 25, 2007 (Ord. No. 2007-19) AMENDED - OCTOBER 14, 2008 (Ord. No. 2008-59) PETITION CP-2008-01C o > --! co (.f) w o <{ --! o n::: w > w GOLDEN GATE EST. TES NEIGHBORHOOD CENTERS LEGEND _ NEIGHBORHOOD CENTERS CP-2008-2 Exhibit A GOLDEN GATE AREA MASTER PLAN [Page 33] B. Estates - Commercial District *** *** *** *** *** *** *** *** *** *** *** *** [Page 35] 3. Randall Boulevard Commercial Subdistrict - It is the intent of this Subdistrict to provide commercial goods and services to the surroundina area. The Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following properties: Tract~ 71, 72. 89. 90. 107. 108. 125. 126 and 127. Golden Gate Estates, Unit 23; and tho East 165 foot of Tract~ 54 & 55, Golden Gate Estates, Unit 23. See Map 14 the Randall Boulevard Commercial Subdistrict Map. a) The Criteria for the subdistrict are as follows: · All commercial development is encouraged to be in the form of a PUD. · Projects directly abutting Estates zoned property shall provide, at a minimum, a 75-foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. Tract 55 shall provide. at a minimum. a 50-foot buffer of retained native veaetation in which no water manaaement uses are permitted on its eastern boundary. Tract 55 shall only be utilized for purposes of native preservation and water management areas. · Shared parking shall be required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: . Automobile Service Station; · Barber & Beauty Shops; · Convenience Stores; · Drug Stores; · Food Markets; · Hardware Stores; · Laundries - Self Service Only; · Parks, Public or Private · Post Offices and Professional Offices; · Repair Shops - Radio, TV, Small Appliances and Shoes; · Restaurants, including fast food restaurants but not drive-in restau rants 1 Words underlined are added; words struok through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-2 · Shopping Center, as defined in the Land Development Code comprised of uses consistent with those identified in this section. · Veterinary Clinics with no outside kenneling. · Permitted and conditional uses allowed in the C-4 zonina district shall also be allowed except the for followina: - Tire Dealers. Automotive Retail (Group 5531) - Automotive Parkina (Group 7521) - Communication Services (Group 4899) - Drinking Places (Group 5813) - Fishing Piers (Group7999) - Glass and Glazinq work (Group 1793) - Health Services (Groups 8059-8069) - Specialty Outpatient Facilities (Group 8093) - Houseboat Rental. Lakes Operations, Party and Pleasure Boat rental (Group 7999) - Larae Appliance repair service (Group 7623) - Marinas (aroup 4493 and 4499) - Miscellaneous Repair Services (Groups 7622-7641. 7699) - Liauor Store. unless operated bv Grocery Retailer (Group 5921) - Used Merchandise Store (Group 5932) - Automatic Merchandising Machine Operators (Group 5962) - Direct Sellinq Establishment (Group 5963) - Escort Services, Massaae Parlors. Tattoo Parlors. Turkish Baths. Weddina Chapels (Group 7299) - Bettina Information Services, Bath Houses, Billiard Parlors. Bookies and Bookmakers, Cable lifts. Carnival Operation. Circus Companies, Fortune Tellers, Go-cart racina operation, Off-track bettina. Pina Pong Parlors, Rodeo Animal Rentals, Rodeos. Shootina Ranaes, Trapshootina Facilities (Group 7999) - Parole offices, Probation offices, Public welfare centers, refuaee services, settlement houses (Group 8322) - Tow-in parking lots (Groups 7514.7515,7521) - Animal Specialtv Services (Group 0752) c) Site desian and architectural treatments: · All or part of Tracts 54. 71, 72. 89, 90, 107. 108, 125. 126 and 127 shall at time of zonina provide information and conceptual desian materials indicating the style and aeneral architectural design of buildinas. · The focus of proposed desian elements shall be to capture the rural nature of the surroundina area in the features and desian of the proiect where practicablv possible. 2 Words underlined are added; words ctruck through are deleted. Row of asterisks (*** *** ***) denotes break in text. LEGEND \) t\ " f'1 PETITION C:P.2008-C2 I EXHIBIT ,!, "",'I~~ '>Jw<.;tt-'!7"'QH .E.T.\1lE.04[~T10" 4.';;flIClllTl."'L,~.u. 1)E:I~"'!O)l J'IIi.......'''A,~ .allea.al nATU"''' GOLDEN GATE AREA FUTURE LAND USE MAP 1I1lQM<.~ o . rr; . II ?~ \ \ _I '" '" . . :!l! . .~ IMMOK.'l.U'::E ~n.I":':; IMMOKALEE ROAD OiL WELL /tOAD -...,.~..".,.......-----_._-'~._.._- 'f1 ~ c- rn C\ " ~ 0 '" E- O z ::l -' :> ~ ;r 0 0. '" <' OQUlSN OATl! ~ < > OJ 3 2 C\ '" <( > '" -' i l.l C\ .:\ <:> f:i > ;;a ! ~i,a it L < DA. VIS BOl'L.F.V\HIJ :fI SR H en o "' E-< f;OL.Ol:II QAn ~Ul.II.A'->1II1!1IlAJ' ~, ~ (.) '~, =l"::"-.--.--:; r I I .---- -c.':=~=c=, R 26 " H 2~! E ti 28 " EXHIBIT A PETITION CP-2008-02A RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida IMMOKALEE LEGEND AMENDED - SEPTEMBER 10. 2003 COrd. No. 2003-44) AMENDED - JANUARY 25, 2007 COrd. No. 2007-19) f/~ GOLDEN om '~~ ESTATES f\0 SETTLEMENT ~ AREA I I I o 1/2 MI. 1 MI. PREP ARED BY: GIS/CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FilE: CP-2008-2B.DWG DATE: 9/2009 ",___ .".011 .I.... .. r . ,_.__.,_,,._,,._.. ---,....-'-"~-'.__.. CP-2008-3 Exhibit A GOLDEN GATE AREA MASTER PLAN [Page 4] Policy 1.1.2: The Estates Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Uses Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Golden Gate Parkway Mixed Use Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** [Page 12] Policy 5.2.3: Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not apply to that existing portion of the Golden Gate Estates Commercial Infill District, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard, and also shall not apply to the Golden Gate Parkway Mixed Use Subdistrict. which is located on the southwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. *** *** *** *** *** *** *** *** *** *** *** *** [Page 18] A. Urban-Mixed Use District 1. Urban Residential Subdistrict DENSITY RATING SYSTEM: *** *** *** *** *** *** *** *** *** *** *** *** 1 Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-3 [Page 18] b. DENSITY BONUSES - Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. The following densities per gross acre may be added to the base density. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. *** *** *** *** *** *** *** *** *** *** *** *** [Page 18] iii. Affordable-workforce Housing Bonus As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420.9071, F.S. To encourage the provision of affordable- workforce housing within certain Districts and Subdistricts in the Urban Designated Area, and within the Golden Gate Parkway Mixed Use Subdistrict of the Estates Designation, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance #04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. *** *** *** *** *** *** *** *** *** *** *** *** [Page 26] 2. ESTATES DESIGNATION This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. except as provided for in the Golden Gate Parkway Mixed Use Subdistrict. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts except the Golden Gate Parkway Mixed Use Subdistrict. Generally, the Estates Designation also accommodates future non-residential uses, including: . Conditional uses and essential services as defined in the Lane Development Code, except as prohibited in the Neighborhood Center Subdistrict. Also, refer to the Conditional Uses Subdistrict. · Parks, open space and recreational uses. · Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance No. 04-41, adopted June 22, 2004, effective October 18, 2004) and consistent with locational requirements in Florida Statutes (Chapter 419.001 F.S.). 2 Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-3 · Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. · Land uses permitted in the Golden Gate Parkway Mixed Use Subdistrict. *** *** *** *** *** *** *** *** *** *** *** *** [Page 27] A. Estates - Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** [Page 33] 5. Golden Gate Parkway Mixed Use Subdistrict The Golden Gate Parkway Mixed Use Subdistrict is approximately 20.71 acres and is located in the southwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. The Golden Gate Parkway Mixed Use Subdistrict has been desianated on the Golden Gate Area Future Land Use Map. See also the Golden Gate Parkway Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for commercial and residential uses in recoanition of the uniaue characteristics of the surroundina area. The development standards contained in this Subdistrict are desianed to ensure that uses within the Subdistrict will be compatible with nearbY residential development. in addition to servina the commercial needs of the surrounding area and intersection. The intent of the Golden Gate Parkway Mixed Use Subdistrict is to allow for a mix of both retail and office uses to provide for shoppina and personal services for the surroundina residential areas within a convenient travel distance. Residential multi-familv land uses are permitted within this Subdistrict at a density provided for in 5.A. below, with an opportunity for hiaher density throuah the provision of affordable housina. Senior housina, includina. but not limited to assisted Iivina. nursing homes and aroup care units are not excluded from development in this Subdistrict. · This Subdistrict also provides for a conversion of commercial intensity to residential density to allow desian flexibility in reaards to future market demand. A rezonina is encouraaed to be in the form of a Mixed Use Planned Unit Development (MPUD). Reaulations for water manaaement. uniform landscapina, sianaae, screenina and bufferina will be included in the MPUD ordinance to ensure compatibility with nearby residential areas. The followina criteria and standards shall reaulate development within the Golden Gate Parkway Mixed Use Subdistrict: A) Residential Density · Residential Density shall be calculated from an acreage of 20.71 acres. and shall not exceed 3.55 dwelling units per acre unless affordable-workforce 3 Words underlined are added; words 8truck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-3 housinQ is provided in the proiect. and/or if residential dwellinQ units are aenerated bv reducinq the commercial intensity below 100,000 square feet usinq the conversion ratio set forth in 5.B) below. · A maximum of UP to 8 residential units per qross acre may be added to the base density in accordance with the Affordable-Workforce Housina Densitv Bonus provision in the Density Ratinq SYstem. · In no case shall the maximum permitted density exceed 12 residential dwellinq units per qross acre. B) Limitation of Permitted Commercial Uses · Commercial uses shall be limited to 100,000 square feet of aross leasable floor area. In no instance shall the commercial component of this Subdistrict be reduced below 22,000 square feet. · Permitted commercial land uses shall be limited to those permitted and conditional uses set forth in the C-1, C-2. or C-3 Zoninq Districts of the Collier County Land Development Code. Ordinance Number 04-41, as amended. · A conversion of commercial intensity to residential density may occur at a ratio of 450 square feet of commercial intensity equalinq 1 residential dwelling unit. · Senior housinQ. includinQ but not limited to assisted livinq, nursinQ care, and qroup care units may have a areater floor area ratio than 0.45, but shall not exceed 0.60. No portion of the floor area of any proposed senior housina land use shall be deducted from the commercial land use intensity of the Subdistrict. Each senior housinq unit (rooms, not beds) shall equate to % of a residential dwelling unit. and there shall be no more than 240 senior housinq units permitted. C) Development Standards · Land uses abuttinq Estates zoned properties shall have a minimum setback of 25 feet plus one foot of setback for each one foot of buildinq heiqht. Where feasible. existina native veqetation shall be retained within this setback area, consistent with the GMP and LDC standards. Water retention/detention areas shall be allowed in this setback area provided that the area is left in a natural state. and drainage conveyance throuah the setback area shall be allowed. in order for stormwater to reach an external outfall. . Shared parkinq shall be required with adioininQ developments wherever practicable. . Drivewavs and curb cuts shall be consolidated with adioininq developments, wherever practicable. · Buildina heiqhts shall be limited to two (2) story. with a maximum zoned heiaht of forty-five (45) feet. . Commercial uses shall encouraqe pedestrian traffic throuah placement of sidewalks. pedestrian walkwavs, and marked crosswalks within parkina areas. Adiacent proiects shall coordinate placement of sidewalks so that a continuous pathway throuah the Subdistrict is created. . All commercial buildings within the Subdistrict shall utilize a common architectural theme. 4 Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. CP-2008-3 *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Golden Gate Parkway Mixed Use Subdistrict 5 Words underlined are added; words t::truck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 21 ... ~. F .,. Ia;,,'" m III 'f; < " :;; -7 ~ SITE CP-2008-irJ D(\ IlJH BOlJ LJ<;VA1W .J) S.H., 'H '1: '" Ie, [- r I I.-r. .1 ". J i_ ::::/..-'JEi ,~ ;~ '=_ -;-~ 'I iI,~ \)\\ "f~ GOLDEN GATE AREA FUTURE lAND USE MAP \1:VH}i<i_\t.,'!' 'L:\') illL Vl"l':j,; ilO,\U Lt:.;lt:1\JO "<:i; .I. E.F;S ,;h~,C"M, ),. ,RIi>A" WHAL R'l..iI~AL ,E3IG<<,\"~Of( :JltF.\.l1~"3 <NO J,Pf'GlAl :'':,\ftIRl:::$ 1'''' \ \ .I (--- I j I cp I I ! I '" '" '" '" '" -' '-' o <XI [MM(I~.,\,l.U'~ HO.\U GOLDHN GAl'F. lrI~'_;,!) ; ., "" ii' 0: ~ .,' ;> '" ~ C x: ~ C '" ~ ~ ~ co , ~ S,it iH " " o' '" :) ~ ," .-~ - '''~ o ~ --~ ~ i ~,~f- oJ Z 0 i= >-1- ~ <(u 3::- 0- ><:~ o::Vl <(- D-Cl [IJ 0 }::'Ul Z ~~ ~ z:J 0 ~8 ~ c:~ ....:J e>:::o I E-< C) - 0:: E-< _1-" rn - Q o:l ::J 'i rn ~ ~ <r: rn 0 :::> - l:t:: Q 0 ~ ...:i ><: ~ - :><- ~ E-< J: >- Z ~ ;:J <e: 0 ~ u :::::: l:t:: p:: ~ <e: - ...:i 0.. ...:i 0 ~ u E-< <e: d Z 0 ~ CW') Q I- .....-:l 0 - Z d ::) ~ z o iIi 5 is tIl W () 5 '" W tIl ....J <( I- Z 5~~ G5~ w"'<( CIl51"") ,-,zl ~wg <LON ~~d. ::;I-U oZ (}~~ ~~G: t3(j > ~~~ G3~~ ",zo> <(:0 ~~8 "'0<( <LUO CP-2007-1 Exhibit A GOLDEN GATE AREA MASTER PLAN [Page 4] Policy 1.1.2 The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center 2. Pine Ridge Road Mixed Use Subdistrict 3. Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5. Golden Gate Estates Commerciallnfill Subdistrict 6. Wilson Boulevard Commercial Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** [Page 33] B. Estates - Commercial District *** *** *** *** *** *** *** *** *** *** *** *** [Page 38] 6. Wilson Boulevard Commercial Subdistrict This Subdistrict is located at the southeast corner of the Wilson Boulevard/lmmokalee Road intersection. It is 5.17 acres in size and has approximatelv 660 feet of frontage on Wilson Boulevard and 330 feet of frontaae on Immokalee Road. The intent of this Subdistrict is to allow uses of land that aenerally function to serve residents who live within two to three miles of the subiect site and incidentally passerbY traffic when subiect site is situated on an intra-county maior artery such as Immokalee Road CR 846. The development of this Subdistrict shall be aoverned bv the followinQ criteria: a. Development is encouraged to be in the form of a Planned Unit Development (Pum. b. A unified planned development with a common architectural theme. shared access and cross access aQreements shall be developed. c. The maximum aross leasable floor area of all uses shall be limited to 40.000 square feet. d. Development shall be limited to those allowed in the C-1. Commercial. Professional and General Office District. C-2. Commercial Convenience District. and C-3. Commercial Intermediate District both permitted and conditional. as contained in the Collier County Land Development Code. e. Drivewavs and curb cuts shall be limited to right-in/right-out turnina movements only. Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 CP-2007-1 L Proiects directlv abuttina Estates zoned propertv shall provide. at a minimum. a 75-foot buffer of retained native veaetation in which no parkina or water manaaement uses are permitted; except that. when abuttina conditional uses no such buffer is reauired. 9.:. A twentv-five (25) foot wide landscape strip shall be provided alona the entire frontaae of both Immokalee Road and Wilson Boulevard. h. Buildina heights shall be limited to two (2) stories and a maximum of thirtv-five (35) feet. .l All Iiahtina shall be architecturallv desianed and limited to a heiaht of twenty-five (25) feet. Such Iiahtina shall be shielded from neiahborina residential land uses. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map High Density Residential Subdistrict 1989 Boundaries of Activity Center Downtown Center Commercial Subdistrict Urban Mixed Use Activity Center/Golden Gate Parkway and Coronado Parkway Golden Gate Urban Commerciallnfill Subdistrict and Golden Gate Estates Commercial Infill Subdistrict Santa Barbara Commercial Subdistrict Golden Gate Parkway Professional Office Commercial Subdistrict Collier Boulevard Commercial Subdistrict Pine Ridge Road Interchange Activity Center and Pine Ridge Road Mixed Use Subdistrict Golden Gate Estates Neighborhood Centers Wilson Boulevard/Golden Gate Boulevard Center Collier Boulevard/Pine Ridge Road Center Golden Gate Boulevard/Everglades Boulevard Center Immokalee Road/Everglades Boulevard Center Randall Boulevard Commercial Subdistrict Commercial Western Estates Infill Subdistrict Golden Gate Parkway Interchange Conditional Uses Area Golden Gate Parkway Institutional Subdistrict Wilson Boulevard Commercial Subdistrict Words underlined are added; words struck through are deleted. Row of asterisks (*** *** ***) denotes break in text. 2 URBAN DESIGNATION m [\(",',\1"1'''''''' ',1'~)IP u,,"Jl.lf:?rAt ~,-FF0ISmiC:T r/) . UI>> '~'<'.1IY Cc.~HR ~,'BO'S~Rln . ~i,~'\~~~'~~A> o SAN',. AA""^P', cr)o}u','lL~'" o1"",,~rfW . t;'~/' J;'''~ft'F~li~w;,;~tr:~;:ti"OO~l . ~G', ,r',/AI!) c()<)"r~"'~1 ? IFlDSrJ>IO t:- f-< LEGEND ESTATES DESIGNATION UllCEOUIlFDI'HRICT 1 ~(~,G<:~J A,L C-;TAIES ~lm{);STflIC- 1-1 """ " "..,,"' "" "''',' o ",.,I}~f1~"N)r-, c,~.~~ ~J~DlS~FlIC' OVERLAYS AND SPEC'A", .fEATUR_ES [J ~~~~~;' ~~~~,%~}"J[~~~:yrlJRM . I~(~~~llg~:l '.;c~~~~~, ,.. \ \ _/ P'[,,-!)[NMl Dc"';I'Y 'lA~[, COIlfIIE/lCIAl OIST~ICT [J . R~N(I~L'-- "C<-""'~R) C~~l'l{;lM, ~\I9()S''',C III ~~.7~~~.t';~~crr~rj cST~rl~ -, GOIr)CN CA, "'Sl~lFS C:lv..mC1~' I. .. "/rI" ";lJW\lS~~_~< . .,"~)~ ~')Ulr',',(>() c~'-'..rRr:'AI ,',mrll~lRIC 'J; CfC BEACH ROAD I PINE' Qft if) Cl .., Co C) '" f-< c'J 3 C; b '" 0 ~ .,. f- " .,. IJA VIS BOULEV ARD rn S.H, R4 if) c Ie f-- </ .5' v l'< .14..../ 1"l ?;p "1-;; GOLDEN GATE r:UTUllE LAND USIE MAP 'F8"'UI\RV, 1')9' U) f-< f..IARUI1.\ r' ~".._-_._.._-,,_.-' IMMOKALEE ROAD RD. r:i > -' :tl " ., " '3 ci > -' Cl :l i -' 8 oi " GOLDEN GATE '" '" < > '" -' :J ~ " m :tl '" G3 u ~ o u o ~ I SCALI I"L---_.. . -. ~......,. MI 2 M "'I M ';[C~,!,C[S ") 'PStON EXHIBIT A -===~J Cl '" < ~ ::l g PETITION CP-2007-01 o~~~~ ~c.>~ GOLDEN FUTURE LAND ~'\ SUBJECT sITe CP-2007 -01 I{ 27 Ie ULEV Al!.D GATE AREA USE MAP IMMOKALEE ROAD '--, ; OIL WELL ROAD RANDALL ;l < Q ;> '" '" -' ., ::l ~ g 5 g ,- ~ ., ~ i > Q " S.R. 84 il '" > '" :3 0 :tl !3 '" ., u '" -C;L,' > OJ '" '" .. ,: OJ. 3 " :tl o f- a 12 " R 28 E ~ i= w Q. Eo ..:l ~ S ...:l () ::J o ~ z o 00 ...:l ..... ~ iJ-j I--~ ~- co N 1-. Cl Z t:I::l o t:I::l ..:l I- u< !oJw gs~ VI I - o ~ iil 5' ~i5 FtIl u~ III 5' ~~ ~:;o! ~I- ~ :;;!2!i u~q ~~~ Uz" I=!"'g 00", ~~~ ~i .. 'I'~~ !i~~ 5~ ;':1'jg ~~~ "'z", !;i~ ., e;~~ R:uc CP-2007-2 Exhibit A GOLDEN GATE AREA MASTER PLAN [Page 5] Policy 1.1.2 The Estates Future Land Use Designation of the GGAMP: B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center Subdistrict 2. Pine Ridge Road Mixed Use Subdistrict 3. Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5. Golden Gate Estates Commerciallnfill Subdistrict 6. Immokalee Road/Oil Well Road Commercial Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** B. Estates - Commercial District [Page 33] 6. Immokalee Road/Oil Well Road Commercial Subdistrict [Page 38] The Immokalee Road/Oil Well Road Commercial Subdistrict is located northwest of the intersection of Immokalee Road and Oil Well Road. The subdistrict is approximately 10.28 :t acres and consists of all of Tract 97, and Tracts 119 and 120. less riqht-of-wav. Golden Gate Estates. Unit Number 36. The subdistrict allows commercial uses that will serve the needs of residents in the immediate and surroundinq area. The followinq criteria will requlate development within the subdistrict: 1. A rezone of the property shall be encouraqed in the form of a Planned Unit Development. 2. Allowed uses shall be those permitted and conditional uses in C-1. C-2 and C-3 zoninq districts. including but not limited to financial institutions. pharmacies. medical office uses and hardware stores oreater than 5.000 square feet. Alternatively. the site may be developed with Sinqle Family dwellings or conditional uses(s). as allowed in the existino E-Estates zoninq of the properties in the Subdistrict. 3. A maximum of 70.000 square feet of qross leasable floor will be allowed. This limitation does not applv if the Subdistrict is developed under the existing E - Estates zoninq. 4. Drive-throuqh establishments shall be limited to financial institutions with no more than three lanes and pharmacies with no more than two lanes. The drive- throuqh areas shall be architecturally inteqrated with the rest of the buildinq. Words underlined are added; words struol{ through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 CP-2007-2 5. If developed for commercial use, or conditional use allowed under the E-Estates zonina district. a 75-foot wide buffer of retained native veaetation shall be provided alona the western and southern boundary of the subdistrict. except that portion of the southern boundary adiacent to the excavation area to the south, to provide separation between these uses and Estates residential uses. No parkina. water manaaement. or accessory structures will be allowed in the buffer area. This buffer reauirement onlv applies if the Subdistrict is developed with uses allowed in the C-1. C-2 or C-3 zonina districts, or with conditional uses allowed under the E-Estates zonina district. 6. Inaress and earess points may be located on either Immokalee Road or 33rd Avenue NE. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Immokalee Road/Oil Well Road Commercial Subdistrict Words underlined are added; words struok through are deleted. Row of asterisks (*** *** ***) denotes break in text. 2 EXHIBIT A PETITiON CP .2001-02 l)\\~J1 LEGEND EST A TES ot:SIGHA"flOH AGRICUL1UMAI-./RUflAl. DESIGNATION ~~I! ~~An~ ~. j ".",,~, ~."'U"~L ""'A Ul',''''''' GOLDEN GATE FUTURE LAND AREA USE MAP [.. j .....IAN "'~'J,,,lI', :>'-<1,>.4:>""(, i .J ",.~I)t1r.,l/l1 I ;'I/lll~ ""~;"'~'~'I ""-,, u,h""-' "'~"*..."" :.~_d"...I..,~1 ",,,,,,..r..M' "!;!,,, "U',,"~;:I"i"'1 OVERLAYS AND SI'~CI~L FE"'T~!;I;; - ~J""'l',..." CU<lH' U_ftl(;''''- :.o.HIU61"'';i 0 .. r*Jiol""J""o;:;o,';t"""'l:.>lJl)..),SHlK M ;~~:;,~~' ~~'I<~IJ(~L\~~~^,~:::""N . 1~~~i\t.A:l ~~M1~~r (J) t- '" . ~I..;-~ ,..:\.I: A~lj"n ~I.t.;.j! ':llHUr>\lh>,:1 ,- \ \ _/ I~j "''''-llli''l IlI".."".....I. .. :;;t:~":;~,~:~^" ~'.""" LJ '-'ANI" ul.RU/\/<" ~or..o~l"Cl.,. ':O->t>i.II5IK"" . ~~~t(;'oZ.~Xr~"~~~;~~CH/l. [] ..t~~;~'i:~':~,~,r:':~:'IUl~;''''' . I~N, ti~,,:.' ,,""'-' ..,>;tJJ u::.r ~"'d"~W,'" f- IMMOKALRE HllAll . ClA,iji< tOU~i~AA(; _'.....,1<,;1",. ~'.uIW.,",,,;) . ~ANVNj uOO't"A-"1.J ~,,",""."(.!A' ~~"'~n<>(;' . ;;;r~~~~:'5'rR\~~;:llli; "'1"'-,,:, LJ ;;;,:\t1~..1~~j~~.'tlt_~ <._'''''11<,"", r ' J =(;:6~1 t!~C'~;':~II,,~'r.J """'" lI'~ ION' ~......U, '* OO....~I,IIl_~. ;'(;ol<..;l'~ AHU.~ ;,,',.iur.O/'OU.L[;LlI.IN'-'AiEI<HJo. (J) CG ..,. f' SUBJECT SITE CP-2007-02 OIL WELL lWAD rMMOKALEE ROAD ;, ~ 16 I Z ! ~ p ,..:j '" !:' ~ Oil 8 GOLDEN G^Tl! ULl!V^l\D Q ->: o '" <:; 7, ::l S "- ,'. '" o o. '" ';l (J) m '" f- s.n. iH ->: '" ".. <( DAVIS UOULE\iAIUI tIl S.It 8.t " ~ ~ "' ." ~ ;.:..;, 0 '" '" '" ,< " "' ::l -" 0 '-' fJ] (~ ',j." ,.., ;>. .<t~y <tv ?>,p ''f-/.( I I c .Q f" l!t ~ ~"~. 5 ..0<- W. [;; GOLDEN QA IE FUTUftl! LA" USE MAP ~[I:1HUHU. "~\ll 'f, d"~ "AkCIo 11, 1,,\j~ UCHIIJi i~ 11, llllO ';;cl'!lMi:JU, tI, lJ\OtI (J) ~rlli,llf,lh 7.:1, l~!ii\t .~ 'Q I-- (.) ';Ud I I'""-~ I MI ;,> ~I ~ \ MI ,~ 'AI 'j MI ,,"~_NIA-D OC:UOiII, i~. :,.,(1 ,l/ I.C,lJti ~;j It 27 E i< ~H I.: E- ...... ~ uJ ...:l 8 ...:l CIl ~ ~ ~ [3 ...:l - o "- Q -< o p:: ~ ~ ...:l -< ;:s:: o ::;E ::;E - \\ Cl Z ~ tJ ~ ...:l I- U c;: l- V) is !II :::J V) _/ z o Vi 5 o III w u 5 '" w III -I " f- Z Q~~ ~~~ lIl5'" ~~8 a:: 00 ~~~ ~I--~ oZ C3~~ ~~G: (3~ ~~~ 8~~ ",zen ,,=> fu~w n::O~ a..uo CP-2007-3 Exhibit A GOLDEN GATE AREA MASTER PLAN Policy 1.1.2.: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: [Page 4] A. ESTATES-MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Mission Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** [Page 27] A. Estates-Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** [Page 33] 5. Mission Subdistrict This Subdistrict is located on the south side of Oil Well Road. approximatelv one-quarter mile west of Everalades Boulevard and consists of 21.72 acres. The purpose of the Subdistrict is to provide for a church and related uses. These uses would include the followinq uses in the Commercial Professional and General Office District C-1: child care services: health services, offices and clinics, limited to a maximum of 2,500 square feet of floor area: social services individual and family: Activity Centers. elderlv handicapped only, day care centers, adult and handicapped onlv. reliqious organizations, churches and educational plants (private school). The maximum total floor area allowed is 90,000 square feet. The maximum heiqht of buildinqs shall be 30 feet. Development in the Subdistrict shall be designed to be compatible with the existinq and future development in the surroundinq area. In the alternate to the foreqoinq uses and measures of development intensity, the Subdistrict may be developed with sinqle familv dwellinqs at a density of one dwellinq unit per 2.25 acres. *** *** *** *** *** *** *** *** *** *** *** *** 1 Words underlined are added; words E:truok through are deleted. Row of asterisks (*** *** ***) denotes break in text. FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Mission Subdistrict Words underlined are added; words strunk through are deleted. Row of asterisks (*** *** ***) denotes break in text. *** *** *** CP-2007-3 *** 2 EXHIBIT A LEGEND -----1 URBAN DeBIGNA TION EST A TEa DeSlGNA liON ...eo~~T 1IlUl.IO"~ []UIl8oIINRE:5IOl;;N1W.i>lJQlll$m1Cl 1]Ill'SlQOoT......tsYME&9JItIllS'lllIl:l I'IlGH llfHlIIl)' ~l(fjAL &08lll$TI'lIcr COIDl'iOIjAl. lJ!i(S ~lfIICT III OQlINrtlWN t:fHltR~.... 5UtllllSTltICr 0 Ni.lQtlIIOflHOOO CiJlTEll SlIBOIST1lICT o il\IJlAcS!':fllf....TARU.OoSlIlJC1 AGRICUL TURALIRURAL DE81GNA lION OVERLAV8 AND fPEC1A~fEAIMBU: PETITION CP-2007 -03 L\.f"t \l \\!:>, en to- ... "" . ~l~=~iCT .~!&iQIIlS1RlCI ,..... , \ _/ f"'9~IIIlRt<OCIl..DtNIU"lfU.IAlUjN"'rufW. t.::! FlfSDUll\;( PllOl'ECTloto AALA <M.ItLAY GOLDEN FUTURE LAND GATE AREA USE MAP .W1X1!(lU:!iEACTI""TYCEM1tIl~Cl1IICT . ~~1~ c:owecu... OSoO./llT"'BNlBAA.'o~$l8lISlllICl .~c~~~OIUI.- .Cl1LJiIllHllJLE"'AIlD~5lIi1D1SlRlt;f DIN~~:TYlI1(Cf)jru~SI.IlIOISnucT lAHO IISl El.EYE/rIT", THli GIIP.) .PIH(~IIOADIIlIll(PIJS(Sl.lllOl$TRiCJ .1l~BOUl.E'OAADCOMllCROAl.SIJflOIS1RlCT .~~ESTAJ(:$ O~su~l.trES~Al- TIilS l/N' CNittOT ilEINTUl>IlE'lED WlTlIOIJT 1"><( OOAI.S. ce..c;n'45,PQ.J0t:5.....lNIIlllSElXSIQI...lIONo(SCl'liP~ itCTIONr#Jtt[G!1.QU,l0l\ll!1llIUr.v.51ERPL..IJj. en co ... "" IMMOKALEE ROAD en '" .., ~ " z ::l ,..l :> "- ,: '" o "- '" :.;; en ... 1-1 1---- I --~ J "" G.G. '.., ... Z .., DAVIS BOULRV ARD r.fJ B.R. 8< '" '" .., ;.- OJ ,..l :> ~ o '" '" '" ~ cj ::l ,..l o '" en o "" "" GOt..D€H GATE FUrua: l..AM) lJ8E MAP ADOPTED FEBRUARY, 1991 ...l.iENOEO ~ ...'" y ai, , 992 AMENDED UAV 25. lQQJ AI.lENOfO -.lJLY 27, 1993 AlJlONDEO APRIL 12, 19114 ,wENDED - MARCH 14, Illll:l AMENDED - OCTOBER 27, 1997 AMENO€D ...f>RIL14,l11{l8 en Al.lENDEO - SEf>TEUBER 6, 1996 AMENDED - FEBRUARY 23, 1999 ---~-_.._~._--- AMfHOt.D - WAY II, 2000 - '" "" AWE-NOlO WARCH 13, 2001 MAY 14, 2002 ...~(NOf[) SEPTEIllBER 10, 2003 ORO, NO. 2003-44 AMENDED - OCTOBER 26, 2004 ORO. NO. 2004-.71 AMENDED JANUARY 2~ 2005 ORa. NO. 2005-3 AMEND(O - JANUARY 25. 2007 ORC. NO. 2007..19 o SCALE ~- , ,"-"--, ,-----1 D 1 MI. 2 MI. 3 MI. 4 MI. 5 Mi AloIENOED - OECENSER.. 2007 CRO NO. 2007-71 AI-oAENOro OCTOBER u. 2008 ORD. ND. 2008-59 PREPARED ~Y: GIS/CAD l.AAPPING SE.cnON COMMUNITY DEVElOPt.lfNT AND ENVlRONl.AENfAl SERVlCfS L}IVlSJOO DArE 10/2009 FIl.E: CP-2007-:'tDWG R 26 E OOLD:cN OA'l'IIl ~-- OEN:iIlTY8""ll [------ I __J SUBJECT SITE CP-2007-03 \ ~ it; 5 lil ~ i \ILBV AJ\Il !- I _I ----I I i i I I I I I I I B.R. 8< R 27 E Il.ANDALL IMMOKALEE ROAD __J ROAD ~ I ~ ~ S i$ ~ ~ ~ I '---2- -----6 U -.....-fl '--'-'8'- l--- R 28 E ~ 9 ..... ..8 o i= i= w [l. <: ~ Q C,) ..... ..... Il:: ~ 0 ~ ~ .-S; OCJ ~ ..... ~ Cl ~ Eo< uJ ~ Z OCJ ::J 0 Z u 0 Il:: ..... "" OCJ ..... OCJ ~ ..... ~ ;21 0 U lD ~ co 01 ~ N N 0 co I'-- N m ~ N m:l\f^31n08 S3a'\flEl~3^3 , co ~\ m 0 0 I'-- ~ ~ ex: n 00 ~ ~ Lt) LU 00 .J ci ::::l 0 <..i cc 0 C"') .J <( I- 0 <i. 0 OLU~ 0 ex: z .J ~ .J LUI-O Ul n LU '" N ~ ""'_0 N ~ .- COCl)C'\I N .J 0 :::> I CI) ~ ~ cD '" n N ~ ~ N 917B '~':l a\fO~ 331V>lOl^.ll^.ll \ 1\ '\ \ I'-- N 0 L[) N ~ ~ N \ a~\f^31n08 NOS11M I I \ \ II L__ \ Cl Z "" ~ "" ~ I- u< WSw co'" ::0< (/l ~ - I '- ,..: "- ~ w ,..: -' "- < 8 u '" a N a 6 Vi 6~ ;:::", u'" wu "'5 >-'" gs~ "--, "-< ::>1- ~i5<.O <::;~ uZo z~~ 155, "'z" 1-"'8 OON zZ, <<,,- ",>-u ~~~ ~~G: "'-' <.0'" > ~~8 ~?:~ "'zo> ~~~ "'0< ,,-uo Exhibit A FUTURE LAND USE ELEMENT Policy 1.1 The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 10. Henderson Creek Mixed-Use Subdistrict 11. Research and Technology Park Subdistrict 12. Buckley Mixed-Use Subdistrict 13. Commercial Mixed Use Subdistrict 14. Davis Boulevard/County Barn Road Mixed-Use Subdistrict 15. Livingston/Radio Road Commerciallnfill Subdistrict 16. Vanderbilt Bach Road Neighborhood Commercial Subdistrict 17. Collier Boulevard Community Facility Subdistrict 18. Loaan/lmmokalee Mixed Use Subdistrict *** *** *** *** *** *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** CP-2007-S [Page 11] *** [Page 26] *** [Page 27] 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Davis Boulevard/County Barn Road Mixed-Use Subdistrict, Livingston/Radio Road Commerciallnfill Subdistrict, Vanderbilt Beach Road Neighborhood Commercial Subdistrict; Loaan/lmmoaklee Mixed Use Subdistrict: *** *** *** *** *** *** *** *** *** *** *** Words underlined are added; words e:truok through are deleted. Row of asterisks (*** *** ***) denotes break in text. *** 1 CP-2007-5 [PAGE 47.2] A. Urban Mixed Use District 18. Loqan/lmmokalee Mixed Use Subdistrict This Subdistrict is located at the southeast corner of the Loqan Boulevard/lmmokalee Road intersection. It is approximately 41 acres in size. The intent of this Subdistrict is to allow a variety of shoppinq, personal services and employment opportunities for the surrounding residential areas within a convenient travel distance. The development of this Subdistrict shall be qoverned by the followinq criteria: a. Development is encouraqed to be in the form of a Planned Unit Development (PUD). !1. Development shall be limited to aqricultural uses such as landscape maintenance/nursery operations and those permitted and conditional uses allowed in the C-1, Commercial. Professional and General Office District throuqh C-4, General Commercial District. as contained in the Collier County Land Development Code, Ordinance No. 04-41, as amended. 9.:. The maximum qross leasable floor area shall be limited to a total of 260,000 square feet. Q... Retail development shall be limited to sinqle-story structures, while all other uses may occur in multi-story buildings. e. Residential development shall be limited to a maximum of 60 dwellinq units, subiect to the Density Ratinq System. t. To ensure that all land uses are compatible with neiqhborinq uses, appropriate development standards and design quidelines shall be established at the time of rezoninq. ~ Access to the site shall be coordinated with surroundinq properties, and the feasibility of pedestrian and/or vehicular interconnection to adiacent properties shall be explored durinq the rezoninq process and provided if deemed feasible. *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES [Page 124] Future Land Use Map Mixed Use & Interchange Activity center Maps *** *** *** *** *** *** *** *** *** *** *** *** Livingston Road Commerciallnfill Subdistrict Map Loqan/lmmokalee Mixed Use Subdistrict 2 Words underlined are added; words ctruck through are deleted. Row of asterisks (*** *** ***) denotes break in text. ~S-r---T-5iS-1 I__m -;~~ h~ 0 ~. n ii : ~c <. i~ , "" " ~ : E 2 ~ < ~ T 47 S T48S ~ iii~I.~;i ~ ~n~iI"f I~i ~ 90; ml TTY~U : !;~.i~: II;UIU~I!!III!III~lii~IP i ~ I!~- ",'15'! i I ~~ i E I ~ ~ ! ~ ~ ~ ~ i z ~ ;!d~ I 5 ";"~ i" ~"~ ~ ;! I ~ 0 "" i:l~g~'n ~ ~ ~ I ;~o ~ 0 ::: ~.~..~~ 0 . ~~ 51 ~~U " ~.I ~S ~ ~: i. i e:~ ih I~ ;;; ~ ~ ;1; ;1 2~ i ~ i~ ~~ :1 ! " I , ! ~ ~ T 51 S T 50 S f 0 J'rn,Q ')'LX8J^J o. . "" '" ... '" ", ... "" I i ~ I r-----J i ~ M ......i I .' ,. '" '" Co> <:> // I " ..' ... ::a :::: ~ ~ ~ n 2 " '" I i i i Co> ", . I~ I ::a Co> ... CMlF COIJ~lV 1-'1' ["[' 'l;lo~;!lj.~1 j,l ;1 j, ;"1 j I ",;""fll'glf'f Ih r~ ~i ~~ ~~ ~~ ~ ..,.! .< ~ ,- ~~ . ~-I'" ~~ _.~ "~ ~" '. ~~ I~~ ~ ~ i _ '. __.L. _. _. S eg 1 ! S 19 1 I S 19 1 I jl jl jlil jlllll , l' :.: I II ill' ~, I , I \ ~ ~~ ~~ ~i ~~ ~~ ~ ~ .~ ~ .1 ~I A. "" ,.- I ~ t ~ i ," ~~ ~ ~ -~ ~' : ~ ~ " - ~ ~ I;II~nl: I;I:~I~ I ;,~I F, ~ I ~l~~~~i~IIH $S~:ddUi !j~' ;ilst S 09 1 I S 8" 1 ~ ~ ~~ '(') ~ ~cn~ ~ O-Co- o~m -;-,m(') o ~ (J1 '" ." ", C '" ..... C ~ ~mN- ii'r-O 0)110=="" g Z I '" ~~N: :!! !r SlCcn i5:cn DIm ~ ~ ~ ri ~ ~~i~ ~~~~ fQ;Um-l ;8~~ mc~;u ~~ill5 -4;aco I~~$ ~"'MS :ali~~ U=1~ e ,,!fii ~ ...~~~ ~ :l . z I: )110 "V ::a ... ... '" ", ... '" '" m '" X Co> :r: <:> OJ m ::j ~ iii ~UnJ Ii pon! in II Hiu I : Ii q II I ! i~ ~ijlli iiJ!lIJ Ii ~ · I i ~ I ~ ~~ I i ~ ~ >! il = ~ 0 . . ::a Co> I ~ I. OJ ,'I : 0 !~ 0..0 ... ! i~ i~ II !i ~ ' ~ III ~~ i ~ ; ! ; ~! ~ i ~ :i ~ II ~ : i~ ~ ; ; I ~A ~ (~ > .. ~ "Ill ~!1 ~ . ~ < ~ <h ~ H ~ ; ~ ~ i s ~ ~Z' ~ 5 ~ z -u m -~ ::j o z (') -u N o o --J b U1 S 811' 1 S 8" 1 I S it l j:: j:: UJ D. E-o o .... ~ E-o rJ.) .... J:l I:I:l ~ rJ.) ...:l <: .... o ~ ~ ::?J ~ ::?J _ o ~ o S <L. . J:l rz. ~ ~ ~ z UJ ~::l ~ 0 ...:l U <: ~ ~ 29 o ...;l ::?J ...;l ::?J 8 .... ...... J:l ~ <: > ~ ...:l ~ o I:I:l Z <: c; o ...:l I- u< Q !is.... Z !!l~ ~ III 0 ~ ...;l I I ! - I .. ~~dn- N N r (J) ~_ C'.J ""'-- ~. o ~ lil 5' ~o i=", e.>w we.> "'5' :;;~ o 0..... 0.00( ~!z w """'fi ~~o ~~lri uzrt ~wo cc~ Z~I ~1-13 e.>15.. :I'",~ ~[5[;: ~~ ;':~8 ~~~ ~~Q] <2 .. ~~~ 8:uo CP-2008-4 .,..........~ Exhibit A FUTURE LAND USE ELEMENT V. OVERLAYS AND SPECIAL FEATURES [Page 87] B. North Belle Meade Overlay *** *** *** *** *** *** *** *** *** *** *** *** [Page 96] 4. SENDING AREAS Within the NBM Overlay are :!: 4-;-&Qg 4.569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and :t5 and % sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. *** *** *** *** *** *** *** *** *** *** *** *** [Page 96] 5. NEUTRAL LANDS Within the NBM Overlay there are :t -+-,200 1.309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two 1f2 sections located at the northeast corner of this Overlay aRG.. Section 24 located in the northwest portion of this Overlay. and approximately 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. 1 Words underlined are added; words ctruol< through are deleted. Row of asterisks (*** *** ***) denotes break in text. ,- Ie... L_ i 53 S T 5, S T E1 S .,. 50 S --~-T4.6S---'--T-~7S~~T"'-46 '" '" "" c: " ~ -E " c: d m. ~ ~8o'": := " r-zU ~ffi:i~ C'l m ." tI:l::tJm-..; g '""" ~g~iii ~ .... ""'" ~~c:~ ~:;!R:~ C'l ~ ~~j;S! 0 Z c ~~~~ ::> C .:;: ~p'~E .,., ~~~~ ~ c: S!~!,;~ 0: en YJ:=::j~ Ql j;2~m m -<~~~ ~r 0 3: 1 ~ ~ "V ", '" :t^ :....r~ ~' ~ <<3J"I OJ~..v flHD fO :;;:, po.,: = = en '" '" N = - en ::; '" ~ I I I; I~ i I I I~ :x: '" ... '" '" . . . . ,! ~ ~ (_____J i'\ ~ ! ~ ~ , , .. ~,C'.,. J .,,1 ~ -~~ i ,.-' ! 'I '--?-__ , / ! I' ---_____________,1 ---- ; ... LII." __ I ../ , , '1' .... .- .' / ~ / , , I , , I I I ill ~ i 1 _."'~.._~~-~---_._,.\ ~ ;!; :...0 t~ !f ;;n ": ~ PC ~H ~( '" .. ~I I m X '" I '" CD ::::j ~ :x: c ~ ~ ~ " Z ~ ~ " I~ '" '" , I ! Ii ~ z ~ I I il I ~ I. ~ j ~ '" /' I . -----it ~ li! 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N ~ o T- N '" Q I ~ N 0 " " 0 >- N 0 0 0 0 '" 0 N N 1i! fY "'~ ..f,--.... ~ 0 NOO (reo 0 >- 'I 'u I LlJ N fY" en" 0 ,<( 0 ::;'0 Q 0 :::>0 'uO ~ N 2N ON en <( 'u -00 00 LlJ '" fY -J W 60 00 oj 2 W~ LLl'--- :::> 0 0 <Xl -0 2 2 W Lu iE 6 ::; L <( a:: w I- ~ CL 0 0 <( N '" ~ ~ CI) f5 t--:: ~ ... t<) 0> f! :5 I- '" .'" t<) ~ co N " a~v. :nn08 o t<) ;;; ~ o t<) '" ... co " '" " co co LZ~ 9Z~ N '" ... co N f- ~ () cO lJJ~o (3_0 :::lC/)C)I C/) & '" N '" t<) (t96 .~.~) a~v /\31n08 tJ3n10~ t<) (/) ~~ F= _, UCL W -01- en z Ow .=> (J)W --''-'' <(<( o z (!)<( w=> i'=f!' I- "" ",0 0'" I'-" ~~ Z 0::> lu 0 t;ju fYo:: 5~ ~8 Ww enI 1-1- Ow. 20 Z <((/) U~ U "- ::J <(0 =>CL (/)0 ~~ u..i I- o Z ... '" co N '" z 5 GJ U W 0:: ~ '" go ::> w z Cl Z W C.!> W ....J ~~ '" z is z OJ III '" ",z ~g III ~~ " z o Vi z2: 00 rolll Uw "J U lIl5 >-'" ~~ ll.-, ll.", =-1- lIlZ -,w," ","'''' uzo Z~..{ .I5"<t ~~~ aO~ ZZI "''''ll. lIl>-U ~CJw ~~~ 0::3 "'';! j.:~~ m 0 8~.~ o::ZCXl g~~ 0::0'" QUO o OJ ~ '" t) III '> "' '> z_____ CPSP-2008-7 EXHIBIT A FUTURE LAND USE ELEMENT [Page 15-16] OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. *** *** *** *** *** *** *** *** *** *** *** *** [Page 18] Policv 4.11 In the next Evaluation and Appraisal Report (EAR), due Januarv 1. 2011. Collier County will identify as an issue to be addressed. the need to alian dates within the various elements of this arowth manaaement plan. This will include. but may not be limited to. the plannina time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlav. and Transportation Element long ranae maps. Necessarv amendments to achieve the alianment of dates will be included in the EAR-based amendments to the Plan. Words underlined are added; words 8truok through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 .....,~."-''''-------~ CP-2009-1 Exhibit A FUTURE lAND USE ELEMENT Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. [FLUE page 12] A. CONSERVATION - DADE-COLLIER CYPRESS RECREATION AREA DISTRICT *** *** *** *** *** *** *** *** *** *** *** *** IV. CONSERVATION DESIGNATION [FLUE page 87] A. Dade-Collier Cvoress Recreation Area District The Dade-Collier Cypress Recreation Area District encompasses approximatelv 1.608 acres of land located within Sections 13. 14. 15. and 16 of Township 53 South, Ranqe 34 East. adjoining the Miami-Dade/Collier County line north of U.S. Hiqhwav 41 and south of the runway of the Dade-Collier Traininq and Transition Airport. and within the Biq Cypress Area of Area of Critical State Concern (ACSC). All lands within this District are entirelv owned bv Miami-Dade County and includes wetlands. cypress and hardwood forests. and five man-made lakes. The primary purpose of this District is to enhance the existinq natural resources while providinq for an appropriate level of recreational uses beneficial to the county and the reqion. The uses allowed within this District. with limitations specific to this District. are as follows: a. Visitors' center buildinq - for administrative offices. orientation area. meetinq room. and restrooms - not to exceed 2.400 square feet; b. Parkinq lot limited to a capacity of 80 passenqer vehicles and associated trailers; c. Primitive Camping: d. Recreational vehicle camping: e. Fishinq piers and docks: i. Multi-use trails for pedestrians and bicvcles: 9.:. Wildlife viewinq platforms and overlooks; .!1. Archery ranqe; 1. Off hiqhway vehicles (OHV) trails: and 1. Other uses as allowed in the Conservation Designation. Development within this District. except for trails, may be concentrated on alreadv disturbed area alonq the western portions of the site. primarily in Section 16. The drainaqe and storm water management systems for this District may be desiqned to be compatible with environmental site assessments. development and mitigation strateaies. environmental enhancements and reaulatorv requirements. Site development may restore/realiqn existinq trails previously created bv swamp buqqies that traverse the site Words underlined are added; words struok through are deleted. Row of asterisks (*** *** ***) denotes break in text. 1 ".. 01 r n ___""'''''"'''~~~>~""_,_"__,,,,,,,,_,,,,,j,,_=~__..,_~ CP-2009-1 primarily in an east/west direction. Lake edges may be improved with a shallow littoral zone where determined appropriate. At the time of rezonina. an adaptive comprehensive manaaement plan shall be provided that includes: 1:. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public Ian. These specifications may address vehicle and tire size, noise control. prohibition of certain OHV types (e.a. tracked vehicles), prohibition of devices affixed to tires (e.a. tire chains). 2. An OHV inspection proaram and vehicle reaistration proaram. 3. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses - campsites, parkina areas. archery ranae. OHV trails and trail access points. pedestrian and bicvcle trails. etc. 5. Development intensity limitations - maximum number of RV and primitive campinq sites. cap on number of OHV users dailv. etc. ~ Monitorina provisions to ensure OHV compliance. 7. Enforcement proaram for compliance with all site/park restrictions and limitations. 8. Specification of periods of operation. especially for OHVs - daily hours of operation. periods of closure (e.a. hiah water, fire threat. hurricane threat). seasonal restrictions or closure. 9. Monitorina for detrimental impacts upon listed species. .1Q" Restoration plan for presentlv disturbed portions of the site not to be utilized (e.a. most of the existina OHV trails), and creation of littoral zones for all lakes. li Demonstration of compliance with the ACSC limitations (e.a. maximum site alteration of 10%). R Deviation to reauest disturbance to areas impacted bv development in the ACSC where unavoidable UP to a maximum of 10% of the subiect site. *** *** *** *** *** *** *** *** *** *** *** *** [FLUE page 124] FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Center Maps *** *** *** *** *** *** *** *** *** *** *** *** Livingston Road Commerciallnfill Subdistrict Map Dade-Collier Cypress Recreation Area District Map 2 Words underlined are added; words ctruck through are deleted. Row of asterisks (*** *** ***) denotes break in text. T 50 S T 52 S ; 51 S T 48 T 47 T 4f S .,., ----- c:: ,. -I , c:: " " ~ = ,. " ~ c m .. g N " ~ ~ ~ r- = = " n ~ en " ~ g Z I N ~ C ~ ~ 00 ~ F '< C N . ,., = ,. ~ " ~ c:: ~ ~ ~ ~ Ci C'I) ~ '" m < x ~ ~ ~ 3C ~ ~ ." f 0 f '[1"1:) .~ u. 1:0 t ~ .... 00 N co .... "' . , , , , . , : r-'---; i ", /'--l~-:':~.-._- l l l ,I " ,,- ~".';;;'-. 1 I I I I I ~ -. 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N ~ ~ Z lO ~ 00 0 <( Ol 0J 00 U 0::: ~ vi 00 ~ ::J ~ ~ i:<l '---' ..... 0.. ...;l >- ...;l -1 c..:> 0 u <( ~ IE ~ ~ 0 - I'- N Ol ..J CO ..J L[) <( 0J 0 ~ c..:> <( I I- ~ Cl -<: z 0 Cl Vi 5 i3 CO Ol 0 (I) I'- t'1 w lO 0 5 0:: W (I) -' <! f- zi3O'> 0:::08 Ga~ wO::<O (1)5 ()~~ ~o<( ~~O ~ :::Of- ~~~ ~ 0:::00 ,0...<. ~go l?~l ~ ~~g >-N ~ Of-I wza.. ~::Jo ~~w a:: 0-' Q..uG: STANDARD LANGUAGE FOR GMPA STAFF REPORTS 1. ComDrehensive Plan Amendment - Statutory Data and Analvsis Reauirement Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J-5.005 "General Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2) "Data and Analysis Requirements." Sub-section 9J-5.005(2) states in part that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. . . the Department will review each comprehensive plan [amendment] for the purpose of determining whether the plan [amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner." It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to generate data and analysis for the applicant, rather it is staff's responsibility to review and analyze the petitioner's data and analysis for accuracy, applicability, professional acceptability, sound methodology, etc. Any outstanding deficiencies or other issues with respect to data and analyses that may remain at the time of any requisite public hearing are the responsibility of the applicant. An evaluation of the adequacy of the data and analysis for the subject plan amendment is set forth herein. 2. Growth Manaaement Plan Vision Stated succinctly, the purpose and function of the GMP is to guide and direct development to the appropriate locations, at the appropriate densities and intensities; provide for the protection of lands and natural resources not suitable or appropriate for development; and, provide for adequate infrastructure and services for the allowed development. The GMP represents the vision of the Collier County community, collectively. In that sense, a GMP amendment petition is a request to alter that vision. State law requires local governments - with public involvement - to evaluate their GMP every seven years (EAR, Evaluation and Appraisal Report); in large part, the purpose is to determine if the community's collective vision is being fulfilled or if that vision has changed. Subsequently, the GMP must be amended to address issues raised in the EAR. State law also provides for (allows) amendments to the GMP no more than twice each year, with numerous exceptions. Each of the private sector petitions in the 2007-2008 combined cycle seeks to amend the Future Land Use designation on a specific property. Each petitioner has the burden of demonstrating there is a need for the amendment - a need for more lands designated to accommodate the proposed development (commercial, for most), that the subject site is an appropriate location for that need to be fulfilled, that infrastructure impacts as a result of the amendment are acceptable or mitigation is provided for - AND of demonstrating how this petition furthers the community's vision or how/why the existing Future Land Use designation is no longer appropriate or feasible. The fact that the petitioner owns the subject site or has control of it is not a relevant consideration; it does not demonstrate appropriateness of location, or need, for the proposed development, nor inappropriateness of the existing FLUM designation. And, just because state law allows GMP amendments doesn't mean they should be approved. 3. Golden Gate Area Master Plan rapplicable to GGAMP petitions onlvl When the GMP was adopted in 1989, Policy 4.1 of the Future Land Use Element required the preparation and adoption of a "detailed Sector Plan for Golden Gate Estates" by August 1991. However, a BCC-appointed Citizens Steering Committee began meeting in October 1988. The GGAMP was prepared by staff, but with the Committee identifying issues and concerns, refining those issues, and recommending alternative courses of action and providing specific recommendations on the objectives to include. Major issue areas included: conditional uses; commercial in Golden Gate Estates; commercial along the CR-951 (Collier Blvd.) corridor; commercial in Golden Gate City. The Committee and staff met regularly for a total of 18 times, all meetings open to the public. Two public workshops were held. A brochure was prepared detailing the issues identified and alternatives developed; it included a mail-back questionnaire to allow citizens to identify their preferred alternatives. After the Committee meetings, workshops and evaluation of questionnaires received, the Committee and staff finalized their recommendations. The draft GGAMP then went through Transmittal and Adoption hearings and was adopted on February 5, 1991. It is applicable to Golden Gate Estates (GGE), Golden Gate City, and the Rural Settlement Area (originally platted as North Golden Gate). One of the most significant changes for GGE was the establishment of locational criteria for conditional uses. Under the countywide FLUE, there was no restriction on location - just as existed for the Urban-designated area. The GGAMP imposed stringent locational criteria as well as parcel size limitations - generally, maximum of 5 acres. Another significant change was the establishment of Neighborhood Centers to accommodate commercial development, each located at a "major" intersection (same location as today - Pine Ridge Rd./Collier Blvd.; Golden Gate/Wilson Blvds.; Golden Gate/Everglades Blvds.; Immokalee Rd./Everglades Blvd.). The four Centers were limited in size, typically 5 acres per quadrant; included stringent development standards in effort to maintain the semi-rural character of the Estates; and, limited uses to those allowed in the C-1 thru C-3 zoning districts. In 1997, amendments were adopted to the GGAMP (and other Elements) based upon the 1996 EAR. Compared to the 1991 GGAMP, the amendments relative to GGE were not significant. In 2001, the BCC directed staff to update the GGAMP and appointed a GGAMP Re-study Committee to assist staff. The Committee met 31 times over a two year period, all meetings open to the public and most with some public in attendance. The Committee's recommendations were reflected in amendments to the GGAMP adopted in 2003 and 2004. Relative to GGE, these amendments included: creation of a new commercial subdistrict, at the Collier Blvd/,Vanderbilt Beach Rd. intersection; re-establishment of the Neighborhood Centers east of Collier Blvd. that had been previously removed per BCC direction; modification and expansion of development standards/requirements for Neighborhood Centers, including addition of a list of prohibited uses; addition of policies relative to the rural character of GGE, including a lighting restriction; creation of a new provision for conditional uses adjacent to Neighborhood Centers; creation of a new site- specific allowance for conditional use in GGE along Golden Gate Parkway; elimination of the provision for conditional uses along Golden Gate Parkway in GGE and replacement with an explicit prohibition of conditional uses along that corridor, except for the one site-specific allowance; and, addition of a policy explicitly prohibiting new commercial zoning in GGE along Golden Gate Parkway as well as on abutting streets that access Golden Gate Parkway. 2 The vision of the GGAMP for commercial development remains the same today as when adopted in 1991: small scale, neighborhood commercial uses; stringent development standards in effort to maintain the semi-rural character of Golden Gate Estates; limited locations, depicted on the FLUM, as supported by the Golden Gate Estates community collectively through specific, comprehensive study of the Golden Gate Estates area (the 1991 effort to first create the GGAMP, the 1996 EAR process, then the GGAMP Restudy process). Since the GGAMP was adopted in 1991, there have been six GMP amendments approved to add new, or expand existing, commercial subdistricts in GGE, and three GMP amendments approved to add new locations for institutional (conditional) uses in GGE. The first of these petitions was approved in 1998 and the last in 2008. As of completion of the 2006 cycle of GMP amendments, another six GMP amendment petitions for property in GGE have been filed but either denied or withdrawn. For the 2005 cycle of GMP amendments located east of Collier Blvd., staff reports contained the following statement and concern: "East of Countv Road 951 Study. This study, presently underway, is examining infrastructure and land use issues and needs, including commercial land, and providing an overall calculation of land use needs within the area of Collier County, east of County Road 951 (Collier Boulevard). It may be premature to designate the subject property commercial before the East of 951 Study is completed." Authors of those staff reports were amiss in their expectations of the East of CR951 Infrastructure and Services Horizon Study's land use component. That Study did not address the following components with a high level of specificity: · Desired location of commercial and other non-residential development (same as present GGAMP? Other locations, if so, where?); · Intensity of use of that development (same as present GGAMP? Greater intensity - C-4 and/or C-5 uses - or lesser intensity?); · Magnitude and scale of that development (same as present GGAMP? greater or lesser acreage of sites? Greater allowed square feet of buildings?); · Development standards and character desired for that development (same semi rural character as present GGAMP? Or lesser, more urban standards?). Similarly, staff today has concerns about the continued piecemeal approach to planning in GGE, driven by the private sector based, at least in part, upon property ownership or control, rather than the collective desires of the GGE community. Staff believes it appropriate and desirable to comprehensively plan for the continued development of GGE, particularly provisions for commercial and other non-residential development. To that end, staff will be proposing to identify in the next EAR, due January 1, 2011, a need for another re-study for GGE. Such are-study could address the above-identified components, and any desired changes could subsequently be proposed as GMP amendments. 4. 2008 Leaislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. Some key phrases in the legislation include: "discouragement of urban sprawl"; "greenhouse gas reduction strategies"; "transportation strategies to address reduction in greenhouse gas emissions from the transportation sector." Among other things, House Bill 697 requires certain amendments to the Growth Management Plan (future land use element and map, housing element, transportation element, conservation and coastal management element) which 3 .""_"....,~'..,........_'""""....c_............~_""~~__"_............~._..,,___-.......____'"".."",.,,,,,_"_~. ..,..,''"''="._."'''''''''',;;__.'.,'__._'''''.",,,...,'",,,,,___._,', ._ "".~",'.",.___._","."."",. "_"'~______,,_>-" would be initiated by Collier County. However, in the interim (and perhaps beyond), each GMP amendment petition should include data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Below are excerpts from "The Role of local land Use and Transportation Planning in Reducing GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom Pelham, Esq., AICP. This helps to explain the rationale for the legislation and what DCA expects in reviewing GMP amendments. I. Introduction: The Problem A. About 36% of carbon dioxide emissions in Florida are produced by the Transportation Sector. B. Of these emissions, about 83% come from vehicular travel. C. A key factor is the extent of the vehicle miles traveled (VMT). D. DOT projects that by 2050 VMT will increase 173% based on current trends. E. We must reduce VMT in order to reduce GHG from the Transportation Sector. F. Local Land Use and Transportation Planning will playa critical role in reducing VMT. II. HB 697: Enhanced Local Planning to Reduce VMT and GHG A. HB 697 Amended Ch. 163, F.S., to Establish New Local Planning Requirements. B. Future Land Use Element - based on data and studies that demonstrate: 1. Discouragement of urban sprawL 2. Energy efficient land use patterns that account for existing and future electric power generation and transmission systems; 3. Greenhouse gas reduction strategies. III. When Must Governments Comply with the New Requirements? A. The New Requirements Went into Effect on July 1,2008, when HB 697 Became Law. B. DCA will apply the New Requirements to Plan Amendments Transmitted After July 1, 2008, for ORC Review as follows: 1 . FLUM Amendments must be Supported by Data and Analysis Relating to Urban Sprawl, Energy Efficient Land Use Patterns and GHG Reduction Strategies. 2. FLUE Text Amendments with Significant Potential to Impact Development Patterns Must Comply with the New Data and Analysis Requirements. 3. Major Textual Amendments to Transportation/Traffic Elements and Large FLUM Amendments must Address new GHG Reduction Requirements. C. Local Governments must comply with all New Requirements NO Later Than DUE DATE of EAR-Based Amendments. IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and GHG? [a list was provided of a dozen resources] V. This literature discusses transportation and land use planning strategies to reduce VMT and GHG. A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their Cars). B. Planning for Alternative Modes of Travel- Walking, bicycling and transit. C. Planning for More Compact Mixed-Use Development 1. A mix of residential, commercial, and recreational uses in close proximity to Employment Centers. 2. Encourages Walking and Bicycling. 3. Supports Transit. 4. Reduces Number and Length of Automobile Trips. 4 D. Planning for Higher Densities in Appropriate Places 1. Higher Density Development has Smaller Carbon Footprint. 2. A Blended Average Density of7 units/acre is Sufficient. 3. Transit-Oriented Development - Cluster Higher Density Around Transit Stops. GMPA Standardized Staff Report Language G:\Comprehensive\COMP. PLANNING GMP DATA\Comp. Plan Amendments dwl9-28-09 5 -..,."."...._"'-..,-'------_.."'"-;_.._~--~-,.",----,--.,.._~ CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. ~"Y_ <:::;:;ou.n:~y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: October 19,2009 RE: PETITION CP-2008-1, ESTATES SHOPPING CENTER SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Michele Mosca, AICP, Principal Planner AGENT/APPLICANT: Agent: D. Wayne Arnold, AICP O. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 and Agent: Richard D. Yovanovich, Esq. Goodlette, Coleman, Johnson, Yovanovich, & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Kenneth R. Johnson, as Trustee C/O Goodlette, Coleman, Johnson, Yovanovich, & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 GEOGRAPHIC LOCATION: The subject property, containing 40.6.;t acres, is located at the northwest corner of Golden Gate and Wilson Boulevards, within Section 4, Township 49 South, Range 27 East, and is within the Rural Estates Planning Community. The site extends west from Wilson Blvd. to 3rd Street NW. (Refer to aerial and zoning maps on page 2.) CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. , I I I I r i I I \ 10' I I 1(15 \ 11' I . I -/ 141 """'1 .. 4 \ , \ , 3 \ \ , , I I I 1 'l I K~ '!t, I~' Lc " I '\Oposed P , pct Site 'Il I~! II C.2', / I I , I \ l,~, \ \ \ '" ----- Highlighted tracts indicate existing acreage within the Neighborhood Center REQUESTED ACTION: The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and map series by: 1. Amending the Estates - Mixed Use District, Neighborhood Center Subdistrict to remove Tract 144, Unit 11 of Golden Gate Estates from the Golden Gate Boulevard and Wilson Boulevard Neighborhood Center; 2. Amending the Future Land Use Map and Golden Gate Boulevard and Wilson Boulevard Neighborhood Center map of the Future Land Use Maps series to remove Tract 144, Unit 11 of Golden Gate Estates; 3. Amending Policy 1.1.2 of the Estates - Commercial District to add the Estates Shopping Center Subdistrict; 4. Amending the Estates - Commercial District to add the proposed Subdistrict; and 5. Amending the Future Land Use Map to add this new Subdistrict, and creating a new Future Land Use Map series map depicting this new Subdistrict. The petitioner's proposed text changes, shown in strike-through/underline format, are as follows: (Words underlined are added, words struok through are deleted; row of asterisks [***] denotes break in text.) Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 2 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center Subdistrict 2. Pine Ridge Road Mixed Use Subdistrict 3. Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5. Golden Gate Estates Commerciallnfill Subdistrict 6. Estates Shoppina Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** B. Estates - Commercial District 6. Estates ShoDDina Center Subdistrict - Recoanizina the need to provide for centrally located basic aoods and services within a portion of Northern Golden Gate Estates. the Estates Shoppina Center Subdistrict has been desianated on the Golden Gate Area Future Land Use Map. The Subdistrict is located at the NW corner of Golden Gate Boulevard and Wilson Boulevard westward to 3rd Street NW and extending northward to include the southern 180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit 11 of Golden Gate Estates. totalina approximately 41 acres. The Estates Shopping Center Subdistrict is intended to provide convenient shopping. personal services and employment for the central areas of Northern Golden Gate Estates. Commercial development in this Subdistrict will reduce drivina distances for many residents. assist in minimizing the road network reauired. and reduce traffic impacts in this area of Collier County. All development in this Subdistrict shall comply with the following reauirements and limitations: a. Allowable Uses shall be limited to the followina: 1. Amusement and Recreation (Groups 7911. 7991. 7993 and 7999. includina only day camps. gymnastics instruction. iudo/karate instruction. sporting aoods rental and yoaa instruction) 2. Apparel and Accessory Stores (Groups 5611-5699) 3. Auto and Home Supply Stores (Groups 5531. 5541. includina aasoline service stations without repair) 4. Automotive Repair and Services (Groups 7514. 7534. including onlY tire repair. 7539. including only minor service. lubricating and diaanostic service) and 7542) 5. Business Services (Groups 7334-7342. 7371-7376. 7379. 7382. 7383. 7384. and 7389) 6. Child Day Care Services (Group 8351) 7. Communications (Groups 4812.4841) 8. Depository and Non-Depositorv Institutions (Groups 6021-6062. 6091. 6099. 6111-6163. including drive through facilities) 3 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. 9. Eating Places (Group 5812. includinq only Iiauor service accessory to the restaurant use. 10. Educational Services (Group 8299) 11. Enaineerina. Accountina. Research and Manaaement (Groups 8711-8721. 8741- 8743. 8748) 12. Food Stores (Groups 5411-5499, includina convenience stores with aas) 13. General Merchandise Stores (Groups 5311. 5331. and 5399) 14. Government Administration Offices (Groups 9111-9199) 15. Hardware. Garden Supplv and Paint/Wallpaper Stores (Groups 5231. 5251. and 5261 ) 16. Holding and Other Investment (Groups 6712-6799) 17. Home Furniture/Furnishinas (Groups 5712-5736) 18. Insurance Carriers (Groups 6311-6361) 19. Justice, Public Order and Safety (Groups 9221, 9222, 9229. and 9311) 20. Meetina and Banauet Rooms 21. Miscellaneous Retail (Groups 5912. 5921 (accessory to arocerv or pharmacy only) 5932. 5941-5949, 5992-5995, and 5999) 22. Personal Services (Groups 7211. 7212, 7215. 7221-7251. 7291-7299) 23. Real Estate (Groups 6512-6552) 24. Security and Commodity Brokers (Groups 6211-6289) 25. Transportation Services (Group 4724) 26. Video Rental (Group 7841) 27. U.S. Post Office (Group 4311. excluding maior distribution centers) 28. Anv other similar use as may be approved bv the Board of Zonina Appeals The followinq uses shall be prohibited within the Subdistrict: b. The followina uses shall be prohibited: 1. Drinkina Places (5813) and Stand Alone Liauor Stores (5921) 2. Mail Order Houses (5961) 3. Merchandizinq Machine Operators (5962) 4. Power Laundries (7211) 5. Crematories (7261) 6. Radio. TV Representatives (7313) and Direct Mail Advertising Services (7331) 7. NEC Recreational Shootinq Ranaes, Waterslides. etc. (7999) 8. General Hospitals (8062), Psychiatric Hospitals (8063). and Specialtv Hospitals (8069) 9. Elementarv and Secondary Schools (8211), Colleges (8221). Junior Colleqes (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Manaqement (9511) 13. Homeless Shelters and Soup Kitchens c. Development intensity shall be limited to 225.000 square feet of aross leasable floor area. d. The qrocerv use will be a minimum of 27.000 square feet. with the exception of the qrocery use. no individual user may exceed 30,000 square feet of buildinq area. 4 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. e. Development within this Subdistrict shall be phased and the followina commitments related to area roadwav improvements shall be completed within the specified timeframes: 1. Right-of-Way for Golden Gate Boulevard Expansion and Riaht-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost within 120 days of a written reauest from the County. 2. The applicant will pav its fair share for the intersection improvements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County reauest for reimbursement. 3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more than 100.000 sauare feet of development. The applicant must obtain a C.O. for a grocery store as part of this 100,000 sauare feet. and the arocery store must be the first C.O. obtained. f. Rezonina is encouraaed to be in the form of a Planned Unit Development (Pum. and the rezone ordinance must contain development standards to ensure that all commercial land uses will be compatible with neiahboring residential uses. A conceptual plan, which identifies the location of the permitted development area and reauired preserve area for this subdistrict is attached. The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan reauirements for retained native veaetation, includina but not limited to the reauirements of Policv 6.1.1 of the CCME. A more detailed development plan must be developed and utilized for the reauired PUD rezonina. Q. Development standards. including permitted uses and setbacks for principal buildings shall be established at the time of PUD rezoninq. Anv future PUD rezone shall include at a minimum: (1) A minimum twenty-five (25) feet wide landscape buffer must be provided adiacent to external rights-of-way. (2) No commercial building may be constructed within 125 feet of the northern or western property boundary of this subdistict. (3) Anv portion of the Proiect directly abuttinq residential property (propertv zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twentv-five (25) feet of the width of the buffer alonq the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native veqetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be reveqetated to meet subsection 3.05.07.H of the LDC (native veaetation replantina reauirements). Additionallv. in order to be considered for approval. use of the native veaetation retention area for water manaqement purposes shall meet the following criteria: 5 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. (4) There shall be no adverse impacts to the native veaetation beina retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existina veaetation. (5) If the proiect reauires permitting by the South Florida Water Manaaement District. the proiect shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water manaaement reauirements. If the District cannot or will not supply such a letter. then the native veaetation retention area shall not be used for water manaaement. (6) If the proiect is reviewed by Collier County, the County enaineer shall provide evidence that no removal of native veaetation is necessary to facilitate the necessary storaae of water in the water manaaement area. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. Estates Mixed Use District [Page 27] 2) Neiahborhood Center Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers. b) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates, (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: · Wilson Boulevard and Golden Gate Boulevard Center. This center consists of all four three quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wi/son Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates 2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant of the Centor is approximately 1.98 acres in size ~md consists of Tract 111, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. 6 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Estates Shoooina Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** PROJECT DESCRIPTION: The petitioner is requesting approval for a new commercial subdistrict on 40.6.:t acres, allowing up to 225,000 square feet of gross leasable floor area of uses in the General Commercial (C-4) zoning district of the Collier County Land Development Code, with exceptions, and select uses of the Heavy Commercial (C-5) zoning district. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: · The subject project boundary includes the following Tracts within Unit 11, Golden Gate Estates. All tracts are zoned E, Estates and are within a Special Treatment (Wellfield) Overlay (ST/W). Tract 106 (5. 180 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a local roadway - 3fd Street NW. Tract 107 (w. 105 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a rural major collector roadway - Golden Gate Boulevard, and a local roadway - 3fd Street NW. Tract 107 (e. 75 ft. of w. 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 107 (e. 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a rural major collector roadway - Golden Gate Boulevard. Tract 108 (w. 180 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. 7 '~"""-~""'"---__~""'''"'____''_'''_'_'''''''l!llr__'_~I_'''__""''''',,,"I_\_'_'''''>1_' ilIII~Ulll~a"_"'1>",,,_.__J_"",,;;';";'-'''''';f<,.Ii''. " CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. Tract 108 (e. 150 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 109 (w. 105 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 109 (e. 75 ft. of w. 180 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 109 (e.150 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 110 (w. 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard. Tract 110 (e. 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate Boulevard, and a local roadway _1st Street NW. Tract 111 (5. 180 ft): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a local roadway - 1 sl Street NW. Tract 111 (5. 75 ft. of n. 150 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on 1 sl Street NW. Tract 142 (5. 180 ft.): The subject site is developed with a single-family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a rural minor collector roadway - Wilson Boulevard. (The subject site may be eligible for transitional conditional uses, as provided in the Conditional Uses Subdistrict of the GGAMP.) Tract 143: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a rural major collector roadway - Golden Gate Boulevard. (The subject site may be eligible for transitional conditional uses, as provided in the Conditional Uses Subdistrict of the GGAMP.) Tract 144: The subject site is undeveloped and is designated Estates - Mixed Use District, Neighborhood Center Subdistrict. The site is located on a rural major collector roadway - Golden Gate Boulevard, and a rural minor collector roadway - Wilson Boulevard. (The subject site is eligible for rezoning to allow commercial development consistent with the C-1 through C-3 zoning districts of the Land Development Code, subject to criteria in the GGAMP_) 8 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. Surroundina Lands: . North: . South: . West: · East: Developed (except north of Tract 111 - undeveloped), single-family homes; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. Across Golden Gate Boulevard, a 4-lane divided road, developed single-family homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a Walgreens pharmacy, zoned PUD (Snowy Egret Plaza) and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map. Across 3rd Street NW, developed, single-family homes; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. Across Wilson Boulevard, a 2-lane undivided road, undeveloped tract, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a developed tract, zoned C-2, and two undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. AooroDriateness of Chanae: The proposed amendment would allow intense commercial development in an area of the County intended for low density residential development and neighborhood commercial uses. An evaluation of the project site and surrounding area, commercial needs assessment, population growth in the area, development impacts, infrastructure demands, and other considerations will be analyzed to determine the appropriateness of this proposed change. Backaround and Considerations: · Golden Gate Area Master Plan (GGAMP) - Goals, Objectives and Policies: Goal 3: Provide for basic commercial services for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicle trips, and preserving rural character. Goal 5: Future development within Golden Gate Estates will balance the desire by residents for urban amenities with the preservation of the area's rural character... 9 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. The above goals and their related objectives and policies found in the GGAMP demonstrate the community's desire to maintain the rural character of the Estates while providing for the basic commercial needs of its growing population. The proposed expansion and commercial intensification of the Neighborhood Center quadrant to 40+ acres with up to 225,000 sq. ft. of select commercial land uses from the General Commercial C-4 and C-5 zoning districts, is not consistent with, or reflective of, the Estates residents' vision of the area as expressed in the Golden Gate Area Master Plan. · Commercial opportunities within Golden Gate Estates In 1991, the Golden Gate Area Master Plan was adopted and incorporated into the county's Growth Management Plan. The Plan established locational criteria limiting commercial development in the Estates designation to the Estates Neighborhood Centers, site-specific commercial subdistricts, and already existing commercially zoned lands. · Estates Neighborhood Centers The Estates Neighborhood Centers were established as a means to direct new commercial development to areas where traffic impacts could be readily accommodated. These Centers were originally located at Pine Ridge and C.R. 951, Golden Gate and Wilson Boulevards, Golden Gate and Everglades Boulevards, and Immokalee Road and Everglades Boulevard, along major roadways and distributed according to projected commercial demand in the Estates. In 1992, the Board of County Commissioners denied a commercial rezone petition at the Golden Gate and Everglades Boulevard Neighborhood Center and directed staff to remove all Neighborhood Centers east of C.R. 951, stating the commercial centers were premature. Those centers were removed in 1993. In 1996, the Neighborhood Center concept was reevaluated as part of the Evaluation and Appraisal Report review process, required by State Law. As a result, the neighborhood centers at Golden Gate and Wilson Boulevards and Immokalee Rd. and Everglades Boulevard were reinstated in 1997 as future centers on the Golden Gate Area Master Plan (GGAMP) Future Land Use Map. In 2002, the GGAMP Restudy Committee was formed by the Board of County Commissioners (BCC) and authorized, in part, to study the commercial land use needs of the Golden Gate Estates community. County staff worked closely with the Committee and community to identify appropriate areas to locate new commercial development within the Estates. The Committee recommendations to the BCC included added provisions for the expansion and creation of Neighborhood Centers within the Estates. The Board of County Commissioners subsequently adopted amendments to the GGAMP and Future Land Use Map and Map Series in 2003 to include the recommended expansions and new neighborhood centers (in effect, neighborhood centers were reestablished at their original locations but some were increased in size). · Development patterns in the Neighborhood Centers east of Collier Boulevard Wilson Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 8.45 acres - Partially DEVELOPED (Approximately 2.65 acres are developed with 8,113 sq. ft. of convenience commercial.) 10 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. NW quadrant: Total size is approximately 4.98 acres - UNDEVELOPED (Portion of project site) SE quadrant: Total size is approximately 7.15 acres (5.00 acs. commercial & 2.15 acs. buffering and r-o-w) - Partially DEVELOPED (Wilson Boulevard Shopping Center - 41,800 sq. ft. of commercial development). Approximately 12,572 sq. ft. undeveloped commercial sq. ft. remaining - Liberty Gold LLC. SW quadrant: Total size is approximately 11.78 acres - Partially DEVELOPED (16,550 sq. ft. Walgreens store). Balance of quadrant added to Neighborhood Center via GMP amendment (CP-2005-2) approved in 2007, and rezoned for up to 60,000 sq. ft. of office, medical office and medical related uses. Everalades Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 5.46 acres - UNDEVELOPED (Big Bear Plaza CPUD approved for C-1 thru C-3 uses) NW quadrant: Total size is approximately 5.46 acres - UNDEVELOPED (pending rezone to Fakahatchee Plaza CPUD for C-1 thru C-3 uses) SE quadrant: Total size is approximately 5.46 acres - UNDEVELOPED SW quadrant: Total size is approximately 5.46 acres - UNDEVELOPED Immokalee Rd. and Everglades Boulevard Center SE quadrant: Total size is approximately 9.20 acres - UNDEVELOPED (4.05 acres have been rezoned from E, Estates to Chestnut Place MPUD [balance of PUD lies outside Neighborhood Center and is approved for church]) SW quadrant: Total size is approximately 5.15 acres- UNDEVELOPED (pending rezone to Singer Park CPUD for C-1 thru C-3 uses) The potential and existing commercial sq. ft. within the Estates Neighborhood Centers located east of Collier Boulevard is 450,186 square feet, based on the CIGM and approved zoning. (It should be noted that the CIGM uses a countywide average of 6,044 sq. ft. lac. to determine potential commercial development.) · Existing commercial acreage serving portions of the Estates, but not located within an Estates Neighborhood Center: Randall Boulevard Commercial Subdistrict: Approximately 7.53 acres are allocated for up to 41,000 sq. ft. of commercial development, located within Section 27, Township 48 South, Range 27 East. The Subdistrict is located approximately 4 miles from the proposed project site. 11 --""- .. .., ".....__".,"_"""___,_"''*'...,._~'li<i!llNIllI~__..___- 'V ,._"-",,,,,_.._..._.. CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. · Commercial development projected to serve portions of the Estates, but not located within an Estates Neighborhood Center: Orange Tree PUD: Approximately 22 acres within the Planned Unit Development are allocated for up to 60,000 square feet of commercial development, located in Sections 22 and 23, Township 48 South, Range 27 East. This PUD is located approximately 4 road miles from the proposed project site (refer to map on page 13). (A petition to increase the commercial sq. ft. up to 332,000 sq. ft. in the PUD is pending.) [Approved for 2,100 dwelling units; pending petition to increase this to 3,350 dwelling units.] Orange Blossom Ranch PUD: Approximately 44 acres within the Planned Unit Development are allocated for up to 200,000 square feet of commercial development, located in Section 13, Township 48 South, Range 27 East. This PUD is located approximately 5.50 road miles from the proposed project site (refer to map on page 13). [Approved for 1,600 dwelling units.] Big Cypress Development of Regional Impact (DRI)/Stewardship Receiving Area (SRA) - pending: Approximately 564 acres (includes approximately 494,080 sq. ft. light industrial) within the DRI are allocated for up to 987,188 square feet of retaillseNice commercial and 664,395 square feet of office development, located in Sections 10, 14 and 27, Township 48 South, Range 28 East. This pending DRI is located approximately 7 mi les from the proposed project site (refer to map on page 13). [Proposes 8,968 dwelling units.] Rural Villages - (allowed): Two Rural Villages ranging in size from 300 to 1,500-acres are permitted on the Receiving Lands north and south of the proposed project location (refer to map on page 13). A Rural Village development must include a Village Center and may also include several Neighborhood Centers. A 300+ acre (calculation doesn't include Greenbelt Area) Rural Village will yield a 30-acre Village Center with approximately 90,000 sq. ft. of commercial development. Neighborhood Centers within the same Rural Village may consist of a 1.50-acre Center with approximately 5,1 OO-sq. ft. of commercial development. A 1 ,500-acre Rural Village will yield a 150-acre Village Center with approximately 450,000-sq. ft. of commercial development. Neighborhood Centers within the same Rural Village may consist of 7.50 acres each with approximately 25,500-sq. ft. of commercial development within each center. The Receiving Lands range in distance from approximately 1.50 to 6 road miles from the proposed project site. [Density in Rural Villages must range between 2-3 dwelling units per acre.] 12 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. LEGEND --.. ~!!~,~- ~.....~.. ........... --- 7! ,.... ..... -... .......... .--.. ... ........ - ..... ........ ---... --. ... ...... ,- .. 11- -- --- -.-. 0 ..-... ..... .......' ... ---. ..... --. . -.,.- - ~ . ....... ...... ............ Ii~-~=---- a.TJJ.I..'::e-:.. .- _. ~ --. ....... :~.. -.. ....... -...- 1I.,....:r:;,,~ .----.......' ....._-,--_:""~-~...... .........................--. .................. - ..- GOLDEN GATE AREA FUTURE LAND USE MAP =:"1.&. '-, ........ '.....1 ........ Neighborhood C nter -..uJl 1104~ .......... - ..... __ ._....._..1__. ....... ........ ........ - - - ...-~.. ...-- .' -..... -_..... ... -...... 'r, "" ,. 0- Orange ,..e I Or.ft._ lo..om R.nch ...1It\.L.:. + Randall Blvd. Commercial Neigh C ., : ... 3 Neighborhood : . Center ; 'i j j .: I .. ~ ~ '11"'." .. .. t.........-.'t,."U .o..~ Future commercial development outside of Golden Gate Estates - as part of Rural Village (allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected commercial demand in the Estates area. 13 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. . Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation. The attached location map identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area. The table below also provides information about these five petitions seeking amendments to the Golden Gate Area Master Plan. The attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions. Petition Location # Acres Request CP-2007-1 SE corner CR846/Wilson Blvd. 5.17 Create Wilson Blvd. Commercial Subdistrict to allow max. at 40,000 S.F. at com'l uses CP-2007-2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max. of 70,000 S.F. of C-1 thru C-3 com'l uses CP-2007-3 south side of CR858, 1/4 mile west of 21.72 Create Mission Subdistrict to allow Everglades Blvd. institutional uses (church and related uses, e.g. child & adult day care), and limited C-1 com'l uses (90,000 s.t. total, inclusive at 2,500 s.f. ot com'!) CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create a new Estates Shopping Gate Blvds. Center Subdistrict to allow 225,000 s.f of C-4 com'l uses, with exceptions and select C-5 commercial uses, with requirement to provide a grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center and could yield 30,099 s.f. of com'l] CP-2008-2 south side at CR846 & Randall Blvd., 56.50 Expand and mod ify Randall Blvd from canal east to 8th Street NE Commercial Subdistrict to add 390,950 (inclusive at BCI Fire Station, existing s.t. of C-4 com'l uses [zoning in existing Randall Blvd. Com'l Subdistrict, and Subdistrict allows 41 ,000 s.f. at com'l on DOF fire tower site). 7.53 acs.l sum 134.29 769,450 s.t. of com'l [728,450 s.t. is [121.78 new] I acres are I new] i I Two of the five petitions proposed (CP-2008-1 & CP-2008-2) could be categorized as community serving in nature, providing a wider variety ot goods and services and more intense land use activities than the others, which likely would provide convenience goods and services, consistent with existing commercial uses in the Estates Neighborhood Centers. In total, the commercial square feet proposed by these five petitions, if approved, would add approximately 728,450 sq. ft. of commercial uses on approximately 121.78 acres. This figure, combined with the existing and potential commercial sq. ft. allowed in the Estates Neighborhood Centers (450,186 sq. ft.), existing Randall Boulevard Commercial Subdistrict (41,000), OrangeTree PUD (approved for 60,000, but expected to increase to 332,000 sq. ft. via a ]4 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. pending petition) and Orange Blossom Ranch PUD (200,000 sq. ft.), would total approximately 1,751,636 sq. ft. (This figure does not reflect the 987,188 sq. ft. in the pending Big Cypress DRI or future development of the Rural Fringe Mixed Use District, located proximate to the proposed GMPAs.) Commercial Demand: Comprehensive Planning staff reviewed and analyzed the petitioner's commercial demand data and analysis, the Collier Interactive Growth Model (CIGM), and other available data to estimate and project population within the defined Study area to determine the existing and potential commercial supply, supportable commercial square feet and demand. Additionally, staff analyzed the CIGM population estimates and projections and supportable commercial square feet for all Estates designated lands located east of Collier Boulevard and the Rural Settlement Area to determine the need for neighborhood and community serving commercial centers. Staff began the analysis with the CIGM to obtain baseline population estimates and projections, and housing unit counts for the petitioner's defined market area. Staff examined the projected supportable commercial square feet generated from the resulting population (demand), and then compared those figures to the existing and potential commercial sq. ft. supply in the market area. The Model identified that in 2010 the projected population in the petitioner's market area will be approximately 16,531 people and the supportable neighborhood commercial square feet will be 139,687; and, by year 2030 the population will be approximately 30,687 and the estimated supportable neighborhood commercial square feet will be approximately 259,305. Staff then examined and compared the existing and potential neighborhood commercial supply with the demand generated from future population growth in the market area and determined that the neighborhood commercial supply of 387,283 sq. ft. (refer to Map 4) will exceed the demand in the market area beyond year 2030. Additionally, the Model identified that in this same market area the supportable community commercial square feet will be 123,652 in 2010; and, by year 2030 the estimated supportable community commercial square feet will be approximately 229,539. However, staff acknowledges that no community commercial sq. ft. exists or is planned within the defined market area to serve the area residents. Based upon the foregoing, the requested commercial sq. ft. of 225,000 could not likely be supported in the market area until sometime between years 2025 and 2030. If the project development commences prior to the community commercial demand being fully realized, then it is assumed the project would be built in phases. Early phases would then be presumed to function as neighborhood commercial, thereby impacting the existing and planned neighborhood commercial supply. The following is a complete analysis of this proposed GMPA based on the CIGM for all years, beginning with year 2007 through year 2030. · Collier Interactive Growth Model The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning effort to assess the County's ability to accommodate growth within the County east of Collier Boulevard (CR 951). Included in the second phase of the study was the development of a Collier County Interactive Growth Model (CIGM). The Board adopted the CIGM as a planning tool at its advertised public hearing on January 13, 2009. This model was developed to assist in projecting population and its spatial distribution over time to 15 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. build-out in all areas lying east of CR 951. The interactive growth model is also utilized to approximate the timing and location of commercial and industrial centers, school facilities, parks and recreational facilities, fire stations, etc. The commercial sub-model is designed to project the demand for neighborhood, community and regional centers that include retail and other commercial uses. This sub-model helps to spatially allocate the optimal locations for these centers required as a function of time and population, and as a result of disposable incomes of the population. Guidelines for Commercial Development used in the CIGM: · Number of Persons per Neighborhood Center: 13,110 · Number of Persons per Community Center: 34,464 · Number of Persons per Regional Center: 157,324 · Number of Acres per Neighborhood Center: 11 · Number of Acres per Community Center: 28 · Number of Acres per Regional Center: 100 · Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita) · Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita) · Square Feet Building Area per Regional Center: 1,000,000 (6.36 SOFT per Capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses. Based on the CIGM, staff has developed a commercial analysis for petition CP-2008-1 as follows (the 4 referenced maps are attached to this Staff Report): · Existing and Potential Commercial SOFT (see Map 1, attached) Within the petition's defined custom trade area (CTA), there are 89,813 SOFT of existing commercial development and 297,470 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the CTA is 387,283. · Housing Units & Population (see Map 2, attached) Based on the CIGM, the total housing units and total population in the CTA are/will be: 2007 - 4,660 units and 14,443 persons; 2010 - 5,333 units and 16,531 persons; 2015- 6,491 units and 20,188 persons; 2020 - 8,111 units and 23,981 persons; 2025 - 9,334 units and 27,532 persons; and, 2030 - 10,460 units and 30,697 persons. · Square Footage Demand for a Community Center (see Map 3, attached) The total existing/projected population within the CT A translates into an existing/ projected demand for commercial space within the CT A as follows: 2007 - 14,443 persons yields demand for 108,034 square feet of commercial (7.48 SO FT per capita); 2010- 16,531 persons yields demand for 123,652 SO FT; 2015 - 20,118 persons yields demand for 150,483 SO FT; 2020 - 23,981 persons yields demand for 179,378 SO FT; 2025 - 27,532 persons yields demand for 205,939 SO FT; and, 2030 - 30,687 persons yields demand for 229,539 SO FT. There is no existing and potential community commercial SOFT (Supply) within the CT A. Based on the criteria established in the CIGM, demand for the proposed 225,000 sq. ft. of community center commercial will not be generated by the population within the defined CT A until sometime after year 2030. 16 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. · Square Footage Demand for a Neighborhood Center (see Map 4, attached) The total existing/projected population within the CT A translates into an existing/ projected demand for commercial space within the CT A as follows: 2007 - 14,443 persons yields demand for 122,043 square feet of commercial (8.45 SOFT per capita); 2010 - 16,531 persons yields demand for 139,687 sa FT; 2015 - 20,118 persons yields demand for 169,997 sa FT; 2020 - 23,981 persons yields demand for 202,640 sa FT; 2025 - 27,532 persons yields demand for 232,645 sa FT; and, 2030 - 30,687 persons in 2030 translate to 259,305 square feet demand for commercial space. The existing and potential commercial SOFT (Supply) within the CT A is 387,283; therefore, there will not be a need for additional neighborhood center commercial in this CT A until sometime after year 2030. Data Sources: The CIGM analysis for this petition utilized: (1) the 2008 commercial inventory prepared by the Collier County Comprehensive Planning Department; (2) present GMP designations that allow commercial zoning; (3) housing unit and population projections prepared by the CIGM consultant, which account for vacancy rates. There is a minor discrepancy between the CIGM population projections and those prepared by the Bureau of Economic and Business Research at the University of Florida. · Justification for the proposed amendment and commercial demand analysis (refer to Exhibit V.D.S.) as provided by the petitioner: The Commercial Needs Analysis was prepared by Fishkind & Associates, Inc. The analysis evaluated commercial supply and demand characteristics within a custom market area, consisting of a 1 O-minute drive time and including select acreage located north and south of Golden Gate Boulevard (refer to red boundary on map on page 18). (Please note that the population and housing unit counts are not consistence with the population and housing counts identified in the Collier Interactive Growth Model.) 17 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. ESTATES SHOPPING CENTER SUBDISTRICT [n~~ RDE - ! . '" ~ P:t ,.- 1-- - "--.j - I w ~ .... r- -- w ~ l- i\ ~'~, I I _ J '1 - -' -... -. ~ -r- . - .. ~~1'= . PlAlIIllED t., -- .. -;::.- Ulllr I \ . IlfV~L"""'~HTS, I it . COMOCIllCALAHD I . --.' . INIJIJ$UC","L - -~' i,,_ It>>lllG I C - '.. l..e9..... I _ _ - ,,0__ . '"0 ~i 'r ,r - -.. "'" -. . nlo.cJ)f;t~nnc.\,toL ~!""'?"-l;'.;):-:- lCO ~ "~ : J J:IJI'} Illilo J8TA .4l ~t '~', ~ " , , " .'".'Jr.-R". If 1;!O':'lJ:-,d .-." '- -':t.:[JU:.'ItloO:l:r,.:,t n.,~ ~ ~-.,," '~ ,.,.." t _'" I I. L-J L _' I I I . w <> ., . .~ l_r-i , _.._,:~, 0...........,..........., 1____ Neighborhood and Community Markets are defined in the Commercial Needs Analysis as follows: Neiqhborhood: A neighborhood center's typical size is about 60,000 square feet of gross leasable area but, in practice, it may range from 30,000 to 100,000 or more square feet. Neighborhood centers sell convenience goods, groceries and personal services to the immediate neighborhood community. The typical market area for a neighborhood center is a 1 O-minute drive time. Community: A community center's typical size is about 150,000 square feet of gross leasable area but, in practice, it may range from 100,000 to 500,000 or more square feet. Community centers sell a wider range of products that include apparel, hardware and appliances. The typical market area for a community retail center is a 20-minute drive time. (Centers that fit the general profile of a community center but contain more than 250,000 square feet are classified as super community centers.) 18 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. In addition to the custom trade area established for the proposed project, the consultant also analyzed office space demand within 2-miles of the subject site. The findings of the study are as follows: · Demand for commercial space in the custom trade area was based on population estimates and projections of 12,415 persons in 2008 to 17,379 persons in 2030; household estimates and projections of 3,522 households in 2008 to 4,930 households in 2030; and market retail demand estimates and projections of 119,100 sq. ft. in 2008 to 200,340 sq. ft. in 2030; and supply estimates and projections of 179,906 sq. ft. (total does not reflect potential commercial development allowed in three quadrants of the Neighborhood Center located at Everglades and Golden Gate Boulevard, totaling :t.99,918 sq. ft. or cumulative total of :1;279,824 sq. ft. with an allocation ratio of 2.35) in 2008 and 404,906 sq. ft. (includes proposed project sq. ft., but does not include .:t99,918 sq. ft. as noted for Everglades and Golden Gate Boulevard Neighborhood Center) in 2030. The study indicates that although the projected commercial sq. ft. supply is greater than projected demand throughout the years studied, the ratio of the total supply of land designated for commercial use compared to the total demand for commercial lands falls below the desired *allocation ratio of 2.00 in year 2008. Further, the study concludes that by adding the proposed project's commercial sq. ft. (225,000) to the market area, the allocation ratio supply/demand would increase from 1.51 in 2008 to 3.09 in 2010, 2.31 in 2020 and 2.02 in 2030. (Allocation ratios do not reflect potential commercial development of .:t99,918 sq. ft. in the Neighborhood Center located at Everglades and Golden Gate Boulevards. Additional sq. ft. would result in allocation ratios of 2.35 in 2008,2.13 in 2010,1.60 in 2020 and 1.40 in 2030 withoutthe addition of the proposed project sq. ft.; and, ratios of 2.35 in 2008, 3.85 in 2010, 2.89 in 2020 and 2.52 in 2030 with the proposed project sq. ft.) · Demand for new office acreage within the 2-mile market area was based on the supply of countywide office space, resulting in a per capita office figure of 14.7 sq. ft. The analysis focused on historical population estimates and projections of 2,539 persons in 1990 to 17,379 persons in 2030, and historical office demand and supply of 37,384 sq. ft. demand in 1990 to 255,887 sq. ft. projected demand in 2030 and a stated supply of 156,940 sq. ft. (figure provided by applicant is static) in 1990 and 2030. The study concludes that there is an immediate need for office uses in the 2-mile market surrounding the project. Further, the study concludes that without the proposed amendment to add sq. ft. the allocation ratio for office land would drop to 0.61 by 2030. (Note: The allocation ratio measures the amount of additional acreage required in relation to the directly utilized acreage to assure proper market functioning in the sale, usage and allocation of land.) · Population Projections (CIGM); and, Neighborhood and Community Center supportable sq. ft. (CIGM) in Golden Gate Estates and the Rural Settlement Area: The population in Golden Gate Estates (east of Collier Boulevard) and the Rural Settlement Area is projected to be: 35,136 persons in year 2010; 51,560 persons in year 2020; 65,217 persons in year 2030; and, 81,847 persons by build-out. (see Housing Units and Population Forecast map, attached) 19 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. Based on CIGM criteria, approximately 35,136 persons could support approximately 296,899 sq. ft. of neighborhood serving commercial and 262,817 sq. ft. of community serving commercial; 51,560 persons could support approximately 435,632 sq. ft. of neighborhood serving commercial and 385,669 sq. ft. of community serving commercial; 65,217 persons could support approximately 551,084 sq. ft. of neighborhood serving commercial and 487,823 sq. ft. of community serving commercial; and, 81,847 persons could support approximately 691,607 sq. ft. of neighborhood serving commercial and 612,216 sq. ft. of community serving commercial. As noted in a previous section of this Report, the existing and potential supply of neighborhood serving commercial is approximately 551,186 sq. ft. and community serving commercial is approximately 200,000 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree PUD). If the five proposed GMPAs east of Collier Blvd. are approved, the existing and potential supply of neighborhood serving commercial will increase to 636,686 sq. ft. and community serving commercial will increase to approximately 815,950 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree PUD). Based on the above analysis, it is evident that the existing and potential neighborhood serving commercial supply is sufficient to support the needs of the Estates/Rural Settlement Area for the immediate future to year 2030. Conversely, the data reveal that there is a deficit of community serving commercial sq. ft. beginning in year 2010 in the amount of 63,817 sq. ft. This deficit is projected to increase to 185,665 sq. ft. in year 2020; 287,823 sq. ft. by year 2030; and 412,216 sq. ft. by build-out. (Note: Population in certain sections of the Estates designated lands, located within 2-miles east of Collier Boulevard, north and south of Golden Gate Blvd. and south of White Blvd. have been omitted from this analysis. This analysis assumes that most of the described population is/will be served primarily by commercial centers located along, or west of, Collier Blvd.) (Note: This analysis does not consider intermodal splits which demonstrate a peak hour of 74% of the trips on Golden Gate Boulevard with an urban destination in the morning. Shopping patterns related to that traffic to the urban area is not factored into the market analysis. As a result, 100% of commercial spending is assumed to be in the market area.) · Site Assessment - General Comments: Roadway: The site is located on Wilson Blvd. and Golden Gate Boulevard, with an intervening local roadway - 1 st Street NW. Golden Gate Boulevard and Wilson Boulevard are expected to be widened in the future. Golden Gate Boulevard Status: Golden Gate Blvd. from Wilson Blvd. to Desoto Blvd. is identified as a future 4-lane roadway in the 2030 Long Range Transportation Plan. In the 2009 Annual Update and Inventory Report, right-of-way acquisition is scheduled for this segment in years 10, 11 and 12. Golden Gate Blvd. extends west to Collier Blvd., and east beyond Everglades and Desoto Boulevards into the Rural Lands Stewardship Area. Wilson Boulevard Status: Wilson Blvd. is identified as a 2-lane roadway in the 2030 Long Range Transportation Plan. Wilson Blvd. extends north to Immokalee Rd. and beyond, and south to the edge of Golden Gate Estates and the beginning of the Rural 20 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. Fringe Mixed Use District Receiving Lands where a Rural Village could potentially be developed. Access: Access to the proposed project will be from Golden Gate Boulevard, Wilson Boulevard, 1 st Street NW and 3rd Street NW. Site Depth and Width: The site consists of two development tracts, each comprising several GGE properties; the tract at Wilson and Golden Gate Boulevards is approximately 560 feet (width) x 760 feet (depth), and the parcel between 1st Street NW and 3rd Street NW varies from approximately 750 -820 feet (depth) X 1170 feet (width). However, the site's developable area will be reduced to accommodate future roadway and intersection improvements to Wilson Boulevard and Golden Gate Boulevard. Additionally, the property will be reduced further by buffering requirements - at least 75 feet adjacent to residential tracts. Utilities: The proposed project will not be served by central water and sewer. Adjacent Properties: The subject property is almost entirely surrounded by residential development or vacant residential tracts, except for the neighborhood center located at the Wilson Boulevard and Golden Gate Boulevard intersection. Rural Character Impact: The proposed project will most likely alter the rural character of the area. Typically, the residents in the area can expect to experience increased noise, light/glare and traffic volumes at the site and in the surrounding area. It will be critical at time of rezoning, if the GMPA is approved, to address project uses, unified theme of development, buffers, setbacks, heights, hours of operation, and noise and light mitigation in order to minimize resulting project impacts and to protect the rural character of the area. Environmental Impacts: The environmental report prepared by Marco Espinar of Collier Environmental Consultants and submitted with this petition, dated October 2006 and amended April 2009, indicates the following: · The project site includes 9 single family homes, roadway and a pump station. The vegetated habitats include palmetto, pine flatwoods, cabbage palm, cypress canopy with Brazilian pepper, and drained pine-cypress-cabbage palm. The soils found on site are listed as pineda, limestone substratum and boca fine sand. · The listed species survey conducted on site concluded that there were no listed species found foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers, big cypress fox squirrels, Florida panther or Florida black bear. Non-listed species observed include songbirds, Cooper's hawk, black vulture, various reptiles, and evidence of raccoons, rabbits and other small mammals were visible. The only protected plant species found on site were species of Tilandsia [air plants]. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: 21 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. · No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. · Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan). Therefore, the following language should be removed from the proposed text. In the paragraph beginning with "A conceptual plan..." remove the sentence, "The preserve area depicted on the conceptual plan shall satisfy all comprehensive plan requirements for retained native vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME." The exact preserve location is determined at rezone/development order review stage. The preserve area depicted on the conceptual plan cannot be evaluated for consistency at this time due to the additional information required for an evaluation as explained in the proposed text in the paragraph beginning with "Development standards, including permitted uses..." If the area is proposed for water management, an evaluation must be done showing no detrimental effects to the native vegetation. This cannot be done until more detail is provided at a later stage of the development. Historical and Archeological Impacts: · The Florida Master Site File lists no previously recorded archeological sites within the project acreage. However, the Florida Dept. of State, Division of Historical Resources cautions the property owner that sites may contain unrecorded archaeological resources even if previously surveyed for cultural resources. The Department suggests that a historic resource survey be conducted on most sites to ensure no archeological resources are present. Further, this site has not been identified on the County's Historical and Archeological Probability maps. Traffic ImDacts and GMP Consistency: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan with the provision of mitigation. Staff comments are limited to the significant impacts shown on the initial concurrency links. · Traffic Impacts: Golden Gate Boulevard The first concurrency link that would be impacted by this project is Link 17, Golden Gate Boulevard between CR-951 and Wilson Boulevard. The project would generate up to 130 PM peak hour, peak direction trips on this link, which represents a 5.53% impact. This concurrency link reflects a remaining capacity of 530 trips in the draft 2009 AUIR and is at Level of Service "0". Network improvements and specific dedications have been proposed that will mitigate the significant impacts on this link. The second concurrency link that would be impacted by this project is Link 123, Golden Gate Boulevard between Wilson Boulevard and Everglades Boulevard. The project would generate up to 111 PM peak hour, peak direction trips on this link, which represents a 10.99% impact. This concurrency link reflects a negative remaining capacity of -53 trips in the draft 2009 AUIR and is at Level of Service "F". This roadway is currently in the County's 22 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. 5 year CIE. Contributions towards network improvements and specific dedications have been proposed that will mitigate the significant impacts on this link. Wilson Boulevard The first concurrency link on Wilson Boulevard that would be impacted by this project is Link 118, Wilson Boulevard between Golden Gate Boulevard and the northerly terminus of Wilson (north of Immokalee Road). The project would generate up to 74 PM peak hour, peak direction trips on this link, which represents an 8.04% impact. This concurrency link reflects a remaining capacity of 529 trips in the draft 2009 AUIR and is at Level of Service "B". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. · Consistency with the Transportation Element of the Growth Management Plan (GMP): Transportation Element Policy 5. 1 Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, if the applicant provides adequate mitigation. The following mitigation and conditions proposed by staff are anticipated to accommodate the impacts that would result from the approval of this amendment. 1. Up to four primary project access locations are recognized: a. One direct connection to Wilson Boulevard; located as far to the north as can be reasonably accommodated on the final SOP. This connection is anticipated to be a full-movement driveway until such time that Wilson Boulevard median improvements are made, which may restrict left-in, left-out, or right-out movements at the discretion of Collier County Transportation Division. b. Access to Golden Gate Blvd via 1 sl Street NW will remain; and is subject to any median revisions created by Collier County. c. Access to Golden Gate Boulevard between 1 st Street NW and 3rd Street NW with a possibility for a median opening. Refer to condition no. 2 below, referring to signalization. d. Access to Golden Gate Blvd via 3S1 Street NW will remain; and is subject to any median revisions created by Collier County. e. No other provisions or restrictions are currently stated for project driveways connecting to 1 sl Street NW or 3rd Street NW, which shall otherwise be governed by the CCAMP. 2. Signalization: a. A signal is acknowledged as a possible provision at either 3rd Street NW, or the project entrance between 1st and 3rd. The final conceptual location of this signal, if warranted and approved by the Transportation Division, shall be determined at the time of rezoning. If allowed at the project's entrance between 1st and 3rd, then the following conditions must already be in place: i. Closure of the full median opening at 1 st Street NW to limit it to a RI/RO only. ii. Directionalization of 3rd Street NW median opening (restricted left turn movements as deemed appropriate by Transportation Division.) b. Any traffic signal serving any of this project's primary access(es) to Golden Gate Boulevard shall be the responsibility of the developer, his successors, or assign to install. The Developer, his successors, or assign shall also pay annual operation and maintenance fees for said signal, if installed, for the lifetime of the signal. 23 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. 3. The developer, his successors, or assign agree to donate to the County any necessary rights of way along the Golden Gate Boulevard and Wilson Boulevard to accommodate capacity improvements associated with County Project Number 60040; within 180 days of approval of the first subsequent zoning change. 4. Phasing: a. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 sq. ft. shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 60040 b. The remaining 125,000 sq. ft. shall not obtain SOP approval from the Transportation Division until such time that project number 60040 has commenced, unless the Developer has elected to construct the complete intersection improvements shown in project 60040 (at Wilson and Golden Gate) prior to the County's commencement (some of which will be eligible for impact fee credits). This phase shall also have proportionate share responsibility toward the intersection of Wilson and Golden Gate Boulevard. Public Facilities Impacts: · Water and Wastewater: The subject property is not located within the Collier County Water and Sewer District boundary and is not part of any other existing utilities district. Development of the property will require installation of a potable well and private sector package sanitary sewer or septic treatment system, permitted consistent with the applicable provisions of the GMP, LDC and other jurisdictional agencies including FDEP and SFWMD. Additionally, the proposed project site is located within the zone of the Collier County Tamiami Wellfield for the North and South County Regional Water Treatment Plants; compliance with all rules and regulations to protect the wellfield will be required (LDC Section 3.06.00). All well sites and pipeline easements located on and close to this project need to be shown on all future site development plans, PPL or any other site plan applications. Potable Water Demand: Proposed Uses: Office (60,000 sq. ft.) - 9,000 GPD; Retail (148,500 sq. ft.) - 14,850 GPD; and Restaurant (19,500 sq. ft.) - 9,750 GPD. Potable Water Demand: Existing Land Use Designation: 17 Residential Units - 4,250 GPD. Incidental Use for Irriqation - Seatinq Areas: 3,000 GPO The net difference in demand for potable water is 32,350 GPO. Sanitary Sewer Demand: Proposed Uses: Office (60,000 sq. ft.) - 9,000 GPO; Retail (148,500 sq. ft.) -14,850 GPD; and Restaurant (19,500 sq. ft.) - 9,750 GPD. Sanitary Sewer Demand: Existing Land Use Designation: 17 Residential Units - 4,250 GPO. The net difference in demand for sanitary sewer is 32,350 GPD. · Solid Waste: The service provider is Collier County Solid Waste Management. The 2008 AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the required lined cell capacity. The project's change in land use from a potential of 17 residential units (425 cy/yr) to 60,000 sq. ft. of office (630 cy/yr), 148,500 sq. ft. of retail uses 24 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. (6,450 cy/yr) and, 19,500 sq. ft. of restaurant uses (8,090 cy/yr) would permit [result in] an increase in daily trash generation of 7,655 cy/yr. · Drainage: The subject property is located in Flood Zone D. Future development will be required to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. · Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. · EMS, Fire, Police and County Jail: The subject project is located within the Golden Gate Fire Control and Rescue District. The nearest fire station and EMS services are located approximately four miles from the subject site and sheriff substation is located approximately ten miles from the site. The proposed Subdistrict is anticipated to have minimal impacts on safety services and jail facilities 2008 Legislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. The DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. The petitioner has submitted the following data and analysis in support of the project's compliance with the new legislation. "The pending Estates Shopping Center Sub-district amendment to the Golden Gate Estates Master Plan proposes to establish a grocery-anchored community shopping center within close proximity to several thousand households located within the Northern Golden Gate Estates subdivision. Approval of this plan amendment will provide convenient shopping and job opportunities for the central portion of Golden Gate Estates which will reduce vehicle trips and driving distances for many residents. By capturing these trips presently on the local roadway network, the amendment will assist in reducing future road network improvements and traffic impacts to other areas within the more urbanized area of Collier County. The reduction in vehicle miles traveled will reduce greenhouse gas emissions. Golden Gate Estates is one of the largest subdivisions in the United States and encompasses approximately 175 square miles (112,000 acres), and is an example of urban sprawl. Almost all of the Golden Gate Estates area has been platted into 1.25 acre or larger single-family home sites with very little commercial development planned to serve the residents of the area, requiring residents to travel by automobile into the more urbanized portions of Collier County for most of their daily shopping and service needs. While the area provides for a semi-rural lifestyle because of the large lots and zoning that permits the keeping of horses, fowl and other livestock, it has a population exceeding 36,000 in 2008 and is anticipated to continue to grow to a population approaching 45,000 by year 2020. There is presently a large deficit of commercial land in Golden Gate Estates; thereby, exacerbating the need to utilize the automobile for daily commercial needs and increasing the vehicle miles traveled for residents of this subdivision. It is documented that the automobile is the largest generator of green house gases for most communities. The proposed amendment provides conveniently located retail services, including a grocery store where none currently exists or can exist under the current comprehensive plan. The grocery store and other retails services will result in the reduction of vehicle trip lengths. 25 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. House Bill 697 encourages energy efficient land use patterns. The proposed plan amendment, located at the intersection of two major roadway corridors serving the Northern Golden Gate Estates area, is an efficient land use pattern. The proposed grocery-anchored shopping center located at this prominent intersection of Wilson Boulevard and Golden Gate Boulevard will capture numerous trips that otherwise would be passing through the intersection in route to the urban area for daily shopping needs. This location is also well-suited for a community sized shopping center due to its location along a current Collier Area Transit (CAT) route serving Golden Gate Estates. Proximity to a transit route is an efficient land use pattern and is an example of smart growth by allowing residents to have an alternative to automobile use for shopping or employment. Locating goods and services in closer proximity to the residents will equate to reduced dependence on the automobile, reduced vehicle miles traveled and a reduction in greenhouse gas emissions." Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would reduce greenhouse gas emissions. Based upon the petitioner's information provided, staff is able to conclude that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to area residents. However, the analysis provided was not quantified in terms of trips captured by internal and external users. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on September 14, 2009, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Approximately 100+ people attended the NIM, held at Restoration Church, located at 7690 Running Buck Court, Naples, FL 34119. The following is a synopsis of the meeting: · The County staff planner gave a brief explanation of the GMPA process, including public hearing dates, and the agents discussed the proposed project in its entirety. Individuals spoke about the following: · Traffic impacts and circulation - timing of planned intersection improvements, access to project from 1st Street NW, 3rd Street NW, Wilson Blvd. and Golden Gate Boulevard. · Commercial demand - requests for grocery store use, burdensome to travel to urban area for groceries and other services/need for commercial uses in Golden Gate Estates, and need competition for same goods and services in the Estates area. · Estates rural character - maintain quiet rural setting/moved to Golden Gate Estates to be away from intense development, proposed commercial intensity would change the character of the Estates, commercial project would be the first of more to come, and no additional need for commercial development in the area. · Well and Septic - general discussion of package plant and location on site. · Project impacts - discussions about lighting, drainage, height of buildings, buffering adjacent to residential homes, and other related project impacts. The meeting began at approximately 6:00 p.m. and concluded at approximately 8:30 p.m. 26 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. [Synopsis prepared by M. Mosca, Principal Planner] FINDINGS AND CONCLUSIONS: · The proposed site specific commercial amendment is a departure from the residents' established vision for Golden Gate Estates. Visioning requires public input and coordinated efforts to locate commercial centers where appropriate, considering project impacts, available infrastructure, growth trends, etc. · Approval of the proposed Subdistrict circumvents the master planning process and limits public involvement. · The GGAMP limits new commercial projects in the Estates to uses generally found in the C- 1 through C-3 zoning districts of the Collier County Land Development Code, which are intended to serve the basic shopping needs of area residents. · The proposed development will most likely alter the semi-rural characteristics of the Estates area. Additional noise, light, traffic and etc. can be expected at the site and the surrounding area. · The intensity and scale of the proposed project is consistent with commercial intensities found in urban commercial centers. · Approval of this amendment may result in nearby properties seeking to expand existing or potential commercial acreage or establish new commercial subdistricts. · No significant public facility impacts, except those related to the transportation network, are expected to occur as a result of the approval of this amendment. · Approval of this request to add 225,000 square feet of commercial uses at the subject location may be deemed consistent with policy 5.1 of the Transportation Element of the Growth Management Plan, if the proposed mitigation is approved by the Board of County Commissioners. · The petitioner's market analysis identified that within the Custom Trade Area there is a total commercial supply of 179,906 sq. ft. and a commercial demand of 200,340 sq. ft., based on a population of 17,379 persons and 4,930 households by year 2030. The consultant reduced the commercial inventory by 99,918 sq. ft. from the available sq. ft./acreage supply at the Everglades/Golden Gate Blvd. Neighborhood Center to account for limited population growth around that Center and the improbability that this Center would develop within the 2030 planning period. The Study concludes that the project sq. ft. of 225,000 is needed immediately to allow flexibility in the market. · The CIGM identified that within the petitioner's Custom Trade Area there is a total existing and potential neighborhood commercial supply of 387,283 sq. ft. and a commercial demand of 259,305 sq. ft., based on a population of 30,687 persons by year 2030. · The CIGM identifies that within the project's Custom Trade Area (CT A) there will not be a demand for the requested 225,000 sq. ft. of community center commercial until sometime after year 2030, based on a projected population of 30,687. 27 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. · The CIGM identifies a deficit in community commercial serving land uses in the Estates and Rural Settlement Area beginning in year 2010 in the amount of 63,817 sq. ft. and increasing to 412,216 sq. ft. by build-out. However, this deficit does not take into account the potential commercial sq. ft. supply in the pending Big Cypress DRI petition, located approximately 6+ miles from the project site, that will likely provide commercial and employment opportunities to residents residing in the eastern areas of the Estates. [It should be noted that 390,950 sq. ft. of community commercial uses are proposed in petition GMPA-2008-2, which includes much of the same trade area as this petition.] · The Estates Neighborhood Centers are not large enough to accommodate a grocer/drug store anchored neighborhood or community shopping center, due to limited parcel size in each quadrant, buffering requirements, and other development standards. · The subject property consists of assembled properties centrally located in the Estates. Staff is not aware of other such properties in the Estates that could accommodate a grocery anchored neighborhood or community shopping center, except for property located on Randall Boulevard that is the subject of a GMPA - Petition CP-2008-2. · The project will not be served by central water and sewer, rather by on-site utilities. · The site has access to two collector roads, both of which will be 4-lane divided roads. · All development in this Subdistrict will be subject to the lighting requirements in Policy 5.1.1. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's office. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2008-1 to the Board of County Commissioners with a recommendation to not transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict text, mostly to maintain consistency and harmony within the GGAMP, for proper format, use of code language, succinctness and clarity. (Note: single underline text is added, as proposed by petitioner; double underline text is added, double stril~El tRrel:;l~R text is deleted, as proposed by staff). 6. Estates ShoppinQ Center Subdistrict Recoanizinq the need to provide for centrallv located ~ qoods and services within a portion Q! J>JeRRem Golden Gate Estates Ivina east of Collier Boulevard. the Estates Shopping Center Subdistrict has been designated on the Golden Gate Area Future Land Use Map and on the Estates Shoooina Center Subdistrict Mao. ~ This Subdistrict. comorisina aooroximatelv 41 acres. is located at the nor~hwest .NW corner of Golden Gate Boulevard and Wilson Boulevard. extendina westward to 3r Street NW. and El)(tElR€lirxlEl R€lr-tR'NEU€1 t8 iA8161€1El It consists of the followina orooerties within Unit 11 of Golden Gate Estates: all of Tracts 107. 108. 109. 110. 143. and 144. and the southern 180 feet of Tracts 142 and 1 06~ sf WRit 11 and the southern 255 feet of Tract 111 ef WRit 11 sf GsI€lsR Gets estetss, tetBIiRQ e9JiHS)ci~6lotElI'/ 41 Bines. 28 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. TR8 IiBtat8B ~R8BBiR~ C8Rt8r This Subdistrict is intended to orovide convenient shoooing. oersonal services and emolovment for the surroundina area 88RtFal aF8aB 8f ~J8FtR8FR G81a8R gliH8 IiBtat88. Commercial develooment in this Subdistrict will reduce drivina distances for man v residents, assist in minimizina the road network required. and reduce traffic imoacts in this area of Collier County. All develooment in this Subdistrict shall comoly with the followinQ requirements and limitations: a. AII8'.'i.'a818 US8S BAall 88 liR'lit8a t8 tA8 f8118'IJiRg: 1. AR'I~8ElR'lElRt aRa REl8FElatiElR (CfEl~t'B 7911. 7991. 799~ liRa 7Q9Q. iRsl~aiR~ ElRlv aay eamBS, ~VR'lRli8ti8B iRstr~sti8R. i~a8lharat8 iFl&tf~eti8R. SIEl8FtiR~ ~S8aB f8Rtal aRa YSEla iRBtrweti8R) :;l. ABBafElI liRa 3\88SSB8rv ~t8rss ((;;IF8WBS lii11 iiQQ) 2. Awt8 aRa 1><18R'1S ~WB9Iv ~t8r88 {Gr8wBs ii21, ii 41, iRelwaiREl aas81iRs s8t:'.:iElEl Stati8RS 'NitAElblt rssair) 4. Al::ltElFREltivEl REl8liir aRB ~srvisEls (GfElI::IBS 7i 14, 7ii~4. iRElll::laiRf$! ElRly tirEl rEl~eir. 7i~Q. iR81l::1aiR~ BRlv FRiRBr sElrvieEl. IblBri8etiR~ aRa aia~RBsti8 BElwieEl} liRa 7(42) i. iWBiR8B~ ~8rvi88s (Gr8wss 72~4 724:;l. 7271 727i, 727Q, 728:;l, 7282, 7284, aRa 728Q) i. CRila Qav Car8 eerViElElB (GFeI::l8 ~2i1) 7. C8FRFRblRiElati8RS (Grew9B 4~1~, 4841) 8. QEl8Elsitery aRa ~JeR ()El88sitB~V IRstitl5ltisRB (GrElI::lI3B i921 i9i2. i991. 6999. 6111 616~. iR81~aiR€jJ arivEl tRrel::l'JR faeiliti8s} Q. l!!atiAEI PleElElB (GrSl!48 i812. iRsh:laiR~ ElRly IiEl~Elr B8~\'iEl8 aElElS88Srv tEl tR8 r8stal!4raRt l!4Sl2l. 19. lial!48ati8Ral e8wisElB (Gr8l!4S ~:;l(9) 11. IiRE!iRssriRE!, P.ee8b1RtiFlE!, REl8ElerSR aRa MaRa~SFRSRt (Cr8b188 8711 8721. 8741 874~, ~ 12. FElElB gtsrGls (Gre15l8S i 411 1i499, iRSIl!4aiRl:il SSR\'8Ri8R88 stsr88 witR E1as) 1~. G8Rsral Ml2lreRaRais8 etElres {Gr8l!49S 1i~11. i~~ 1, aRa 1i2QQ) 11. G8\'ElFRFR8Rt .~.aR'liRi8trati8R QUiees H~r8l!49S Q111 Q1 QQ) 11i. Hara'lIare, GaraElR ~WB9Iv aRa PaiRt(l.I)!aIl8a98r et8res {~r8l!49sli:;l21, i:;li1, aRa i:;li1) 18. HelaiRE! aR8 OlR8r IRvs&tFRSRt (Grel!48S 8712 87Q9) 17. HeFRs FI::IFRitl:Jr8/Fl!4rRisRiR~S (GrEll!48S 5712 57~8~ H~. IRBl::lraRBS Carriers (GrEll!4B8 8~11 8~61) 1 Q. JWStiBEl. PIl!IBlie Oral2lr aRa eaf8W (Gre1l!l8S Q:;l:;l1, 92:;l2, Q:;l~Q, aRa Q211) 29. MEl8tiRQ eRa iaRElIl!IElt R88FR& 21. Mis88l1aRe8l!4S Rsteil {GrEll!49S 8912. 8921 (aB888&ElI/V t8 Elr8SSt:'..' Elr 8RarR'la8V Ell'll':) e92~. 8911 8Q<19. 8QQ2 i99i. aRa e(99) 22. P8f&SRal ~8rviesB (GfEll!488 7:;l11 , 7212, 7215, 7221 ::2i1. 7291 72(9) 2~. Reall!!Btete (GFElI::IBS 8812 88i2) 24. ~88l!4rity aRa C8FRFR8aitv irElI{efs (Gr8l!48B i211 i:;l89) :;li. TraRB88Ftati8R g8r'Ji8Els {GrElIl!l8 172<1) :;li. Via8s Rl2lRtal (Gr8l!48 7841) 27. LJ.K Pest Offi€ls {GrElI::l8 4~11. s)(81b1aiRljil FRaisr 8iStfiB~ti8R 8ElRt8F8) 28. ARV BtR8r similar biBS as FRay B8 9.88r8V88 BY tAe i8ara Elf J;eRiRljil /\8~8aI8 TR8 f8118t':iREll!4s88 BRall BEl 8f8RiBit8a witRiR tR8 el!4Baistrist: B. TR8 f8118'/JiREl blSSS &Rall B8 8rsRiBits8: 29 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. a. Allowable uses shall be those oermitted and conditional uses of the C-4. General Commercial. zonina district in the Collier Countv Land Develooment Code. Ordinance 04- 41. as amended. exceot that the followina uses shall be orohibited: 1. Drinkina Places (5813) and Stand Alone Liauor Stores (5921) 2. Mail Order Houses (5961) 3. Merchandizing Machine Ooerators (5962) 4. Power Laundries (7211) 5. Crematories (7261) 6. Radio. TV Representatives (7313) and Direct Mail Advertisina Services (7331) 7. NEC Recreational Shootina Ranaes. Waterslides, etc. (7999) 8. General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) 9. Elementary and Secondary Schools (8211), Colleaes (8221), Junior Colleaes (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Manaaement (9511) 13. Homeless Shelters and Soup Kitchens ~b.Development intensity shall be limited to 225,000 sauare feet of aross leasable floor area. Q.c.+Re A grocery use ~ shall be constructed. and it shall contain a minimum of 27,000 sauare feet. ... d. 'Nit'"' IRS s)(8selisA sf tRia er:ia8Sr': 1!:l8S, AS No individual use. may shall exceed 30,000 sauare feet of buildina area. with the exceotion of arocerv use. e. Development within this Subdistrict shall be phased and the following commitments related to area roadway improvements shall be completed within the specified timeframes: 1. Riaht-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost within ~ 180 days of a written reauest from the County. 2. The applicant w.iU shall pay its fair share for the intersection improvements at Wilson Boulevard and Golden Gate Boulevard within 90 days of County reauest for reimbursement. 3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are complete, the County shall not issue a Certificate(s) of Occupancy (CO) for more than 100.000 sauare feet of development. The applicant must obtain a C.O. for a grocery store as part of this 100.000 sauare feet. and the arocery store must be the first C.O. obtained. f. Rezonina is encouraged to be in the form of a Planned Unit Develooment (PUD). . eR€! tREl The rezone ordinance ~ shall contain development standards to ensure that all commercial land uses will be compatible with neiahboring residential uses. A eElRe@Btl;;lal BlaR, wRieh i€!sRtifiss tR€l Is@ati€lA Elf the Bsrmitte€! €!eV€lIElBmeAt ar;€l61 eR€l real;;lirs€l liiHssewe ers@. fer IRi~ sWQ€!i€biet is atteeRs€!. TR€l J;jressrve are@. ae8ietiaa SI'I IRS sSAseetl=lal BieR slilall setisfv all 8sm8reReRsi\'s eleR fS€1l;;lir:smsRts fer rstaiRS€! Aative vS€letatieR, iAs/l;;lQiRe 30 CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. 81s1t RSt Ii~itsa ts tRS fSEll!iIifS~SRt8 sf Psli9\' 8.1.1 sf tRS CCMIi. ft. FRSfS astailsB BS'J8IsJ!l~8Rt ShiR ~l!iI8t 1i8 BSV818S8B liRa l!iItili:ole8 f8r tRe F8E1l!i1iF8B py~ f828RiR!iI. 8. (;)Elv918S~SRt stliR8ara8. iR91wBiREI sSF~ittea l!iI8S8 ElRB SElt8El81t8 fer sriR9isal 8l!i1i1BiR8s sRall 8e estEl8liBR8a at tRe tiFRe ef Pbl~ F82eRiR8. AR'.' fwtl!ilr8 P6IQ rS28Re SRlill iR9/l!iIas at a FRiRiFRlsI~: a. A 25-foot wide landscape buffer shall be provided abuttina the external riaht-of-wav. This buffer shall contain two staaaered rows of trees that shall be spaced no more than 30 feet on center. and a double row hedae at least 24 inches in heiaht at time of plantina and attainina a minimum of three feet heiaht within one vear. A minimum of 50% of the 25-foot wide buffer area shall be comorised of a meanderina bed of shrubs and mound covers other than mass. Existina native trees must be retained within this 25-foot wide buffer area to aid in achievina this buffer reauirement: other existina native veaetation shall be retained. where possible. to aid in achievina this buffer reauirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state. and drainaae convevance throuah the buffer area shall be allowed if necessarv to reach an external outfall. (1) P. FRiRiFRlsIFR t'.\'SRty five (2li) fset ':JiBS laRa&8ElSS 81s1nsr FRW&t 8S Brel/iBBB Qelj618EilRt ts e)(teFRlil riElRt& ef 'NEll'. h.~ No commercial buildinq may be constructed within 125 feet of the northern or western property boundaries v. of this e Subdistict. L ~ Any portion of the Project directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide. at a minimum. a seventy-five (75) feet wide buffer. except the westernmost 330' of Tract 106. which shall provide a minimum 20' wide buffer~ in which no parkinq uses are permitted. Twenty-five (25) feet of the width of the buffer alonq the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re-planted native veqetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water manaaement detention. Any newly constructed berm shall be reveqetated to meet subsection 3.05.07.H of the LDC (native veqetation replantinq requirements). Additionally. in order to be considered for approval. use of the native veqetation retention area for water manaqement purposes shall meet the followinq criteria: {1) ~ There shall be no adverse impacts to the native vegetation beinq retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existinq veqetation. (21 +e+ If the proiect requires permittinq by the South Florida Water Manaqement District. the project shall provide a letter or official document from the District indicatinq that the native veqetation within the retention area will not have to be removed to comply with water manaqement requirements. If the District cannot or will not supply such a letter. then the native veqetation retention area shall not be used for water management. (31 ~ If the proiect is reviewed by Collier County, the County enqineer shall provide evidence that no removal of native veqetation is necessary to facilitate the necessary storaqe of water in the water manaqement area. L All buildinas shall have tile roofs. 'Old Stvle Florida' metal roofs. or decorative parapet walls above the roofline. The buildinas shall be finished in liaht. subdued colors. except for decorative trim. k. Buildina heiahts shall be limited to one (1) storv t\':s (2) steri88 and a maximum of thirtv-five (35) feet. I. Allliahtina shall be architecturallv desianed and limited to a heiaht of twenty-five (25) feet. Such liahtina shall be shielded from neiahborina residential land uses. 3] --:......--..----.....",. CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A. m. Comm~rcial uses shall encouraae oedestrian tr~ffi? thro~~~ ~~~:;~n~~~:~~~w~~~. oedestnan walkwavs. and marked crosswalks within oau__ _____. d r _ s shall coordinate olacement of sidewalks so that a continuous oathwav thro~~h th~ S~bdi~tri~t i~ created. n. All buildinas and oroiects shall utilize a common architectural theme. This theme shall be aoolicable to both buildina desian and sianaae. o. Drive-throuah establishments shall be limited to financial~n:tit~~i~n~~ Wi~ n~ ~o~e ;han three lanes. The drive-throuah areas shall be architectur _II~ in___ra _d _ith_h_ r_ s_ of the buildina. o. Fences or walls mav be constructed on the commercial side of the reauired landsca~~ buffer between adiacent commercial and residential uses. If ~o~~~~~~~~~;h f~n~~~ ~r walls shall not exceed five (5) feet in heiaht. Walls shall be con_t~ ~ ~ J _ri~k ~r (.~n_. Fences shall be of wood or concrete oost or rail tvoes. and shall b_ _f _oen d_si_n_not covered bv slats. boards or wire). 32 REVIEWED BY: ~ -/; L. L U--.f .'l.(,~. DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REVI1JJ: k----- RANDALL COHEN, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: K. SCHMITT, ADMINISTRATOR UNITY DEVELOPMENT & ONMENT AL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Petition No: CP-2008-1 Staff Report for the October 19, 2009 CCPC Meeting Agenda Item 4.A. DATE: 0:5" q DATE: 1 J;J L'? q_]CJ-\J4 DATE: L DATE: ~/~ / t? ( Note: This petition has been scheduled for the January 19, 2009, BCC Meeting. _ ,."_,_,__,~~_"~,,",""''''.,,"_,___,_,,_'_'''_'. lIlIi 33 ...".....",,-.."'_.,---- ala BLVD S () ""0 . N o o 00 I ..... ~ o . l> f;:, Z 3:'lili' -I md;:;:> II~z ,.::l 0 'i...... to 0 '"~ m 1'3 (J) ;~. C5 II... Z :im )> tlo -I ',", m 1<' O-l :Im 00 iil::! 0 j;! ;3 3: r. ~j~ 3: z:'i m..... 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Qo \ ~ , --- ::t .__:JZ-~______~...:::;---- -< / //'" ,/' / -- --...... --------- ------...- iJ m z o z G) G) s: iJ -)> m )>(J) (/)0 -10 oS: ."s;: om . ;0 ;00 - CD)> O1r ....:lo. --- :5: )> ;0 ^ m -i )> ;0 m )> " ,,/" CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B, <::;O~r <::;Oun1::.Y ~ ,.- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: October 19, 2009 RE: PETITION CP-2008-2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT EXPANSION GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Michele Mosca, AICP, Principal Planner AGENT/APPLICANT/OWNERS Agent: Tim Hancock, AICP Davidson Engineering 3530 Kraft Road, Suite 301 Naples, FL 34105 and Agent: Bruce Anderson, Esq, Roetzel and Andress Law Fi rm 850 Park Shore Drive Naples, FL 34103 Applicant: Emergent Development Group, Inc. 933 Honeysuckle Grapevine, TX 76051 Owners: Big Corkscrew Fire District Collier County Government Richard and Anna Eckstein Joseph and Alicia Cabal Randall Land Trust Agreement, Lisa Aldikacti as Trustee Angela Iglesias Revocable Trust, Angela Iglesias as Trustee William M, Grant Revocable Trust, William M. Grant as Trustee CAB of Collier County, Inc. PAC of Collier, Inc, Urika Oil, Inc. Emergent Development Group, Inc, Emergent Development Group II, LLC (Refer to GMP amendment application for additional ownership information.) 1 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. GEOGRAPHIC LOCATION: The subject project, containing .:t56.5 acres is located on the south side of Randall Boulevard, extending from the Corkscrew Canal (western boundary) to 8th Street NE (eastern boundary), and including Tract 55, Unit 23 Golden Gate Estates, located on 24th Avenue NE, within Section 27, Township 48 South, Range 27 East. The existing Randall Boulevard Commercial Subdistrict contains 7.53 acres and the proposed expansion area comprises 48,97:t acres. The proposed Subdistrict is within the Rural Estates Planning Community, (Refer to aerial and zoning maps below.) It'....,...... I. I. .. (Highlighted Tracts Represent Entire Project Boundary) . Division of Forestry Facility, includinq a fire tower (approved provisional use) Estates Residential Tracts . Randall Blvd, Center PUD & Mir Mar PUD (Existing Randall Blvd, Commercial Subdistrict) Big Corkscrew Island Fire Control- Fire Station (approved conditional/provisional use, W Y2 of Tract 54 only) REQUESTED ACTION: The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and map series by: 1, Amending the Estates - Commercial District to expand and modify the Randall Boulevard Commercial Subdistrict; and 2, Amending the Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map of the Future Land Use Map series to reflect the expansion of the Randall Boulevard Commercial Subdistrict boundaries. 2 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B. The Detitioner's proposed text changes, shown in strike-through/underline format, are as follows: (Words underlined are added, words struck through are deleted; row of asterisks [***] denotes break in text.) B. Estates - Commercial District [Page 33] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** [Page 35] 3. Randall Boulevard Commercial Subdistrict - It is the intent of this Subdistrict to provide commercial qoods and services to the surroundino area, The Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map, The Subdistrict is comprised of the following properties: Tract2 71, 72. 89. 90. 107, 108, 125. 126 and 127. Golden Gate Estates, Unit 23; and the East 165 foot of Tract2 54 & 55, Golden Gate Estates, Unit 23, See Map 14 the Randall Boulevard Commercial Subdistrict Map. ID The Criteria for the subdistrict are as follows: · All commercial development is encouraged to be in the form of a PUD, · Projects directly abutting Estates zoned property shall provide, at a minimum, a 75-foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required, Tract 55 shall provide. at a minimum. a 50-foot buffer of retained native veaetation in which no water manaqement uses are permitted on its eastern boundary. Tract 55 shall onlv be utilized for purposes of native preservation and water manaoement areas. . Shared parking shall be required with adjoining developments whenever possible. .Q1 Limitation of Uses - Uses shall be limited to the following: . Automobile Service Station; · Barber & Beauty Shops; . Convenience Stores; . Drug Stores; . Food Markets; · Hardware Stores; . Laundries - Self Service Only; . Parks, Public or Private . Post Offices and Professional Offices; · Repair Shops - Radio, TV, Small Appliances and Shoes; · Restaurants, including fast food restaurants but not drive-in restaurants · Shopping Center. as defined in the Land Development Code comprised of uses consistent with those identified in this section, · Veterinary Clinics with no outside kenneling, · Permitted and conditional uses allowed in the C-4 zonina district shall also be allowed except the for followina: - Tire Dealers. Automotive Retail (Group 5531) - Automotive Parking (Group 7521) 3 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. - Communication Services (Group 4899) - Drinkinq Places (Group 5813) - Fishinq Piers (Group7999) - Glass and Glazinq work (Group 1793) - Health Services (Groups 8059-8069) - Specialty Outpatient Facilities (Group 8093) - Houseboat Rental. Lakes Operations, Party and Pleasure Boat rental (Group 7999) - Larqe Appliance repair service (Group 7623) - Marinas (qroup 4493 and 4499) - Miscellaneous Repair Services (Groups 7622-7641. 7699) - Liquor Store. unless operated by Grocery Retailer (Group 5921) - Used Merchandise Store (Group 5932) - Automatic Merchandisinq Machine Operators (Group 5962) - Direct Sellinq Establishment (Group 5963) - Escort Services. Massaqe Parlors. Tattoo Parlors. Turkish Baths. Weddinq Chapels (Group 7299) - Bettinq Information Services. Bath Houses. Billiard Parlors, Bookies and Bookmakers. Cable lifts. Carnival Operation. Circus Companies. Fortune Tellers. Go-cart racinq operation. Off-track bettinq, Pinq Ponq Parlors. Rodeo Animal Rentals. Rodeos. Shootinq Ranqes. Trapshootinq Facilities (Group 7999) - Parole offices. Probation offices, Public welfare centers. refuqee services. settlement houses (Group 8322) - Tow-in parkinq lots (Groups 7514.7515.7521) - Animal Specialty Services (Group 0752) gl Site design and architectural treatments: · All or part of Tracts 54.71.72,89.90.107.108,125.126 and 127 shall at time of zoninq provide information and conceptual design materials indicatinq the style and qeneral architectural desiqn of buildinqs, · The focus of proposed desiqn elements shall be to capture the rural nature of the surroundinq area in the features and desiqn of the proiect where practicably possible, ********************************************************************************************************* PROJECT DESCRIPTION: The petitioner is requesting approval to expand the Randall Boulevard Commercial Subdistrict by 48,97:t acres and modify it to allow up to an additional 390,950 sq, f1. of commercial development (315,950 sq, f1. Shopping Center and 75,000 sq, f1. Office - Medical and General of the General Commercial (C-4) zoning district of the Collier County Land Development Code), SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: · The subject project boundary includes the following Tracts within Unit 23, Golden Gate Estates, All tracts are zoned E. Estates, except Tracts 54 (east V2) and 74, which are zoned Planned Unit Development (Randall Blvd, Center and Mir Mar), and all are located within a 4 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. Special Treatment (Wellfield) Overlay (STIW) , Also, Tract 126 and the W1f2 of Tract 54 are each approved for an essential services provisional use, Tract 54 (W 1/2): The subject site is developed with a fire station and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a principal arterial roadway - Immokalee Road, (Property is owned by the Big Corkscrew Island Fire Control) Tract 54 (E 1/2): The subject site is developed with a shopping center (Mir Mar PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on a rural minor collector roadway - Randall Boulevard. Tract 71 (portion of): The subject site is undeveloped (Randall Blvd, Center PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on Randall Boulevard. Tract 71 (portion of): The subject site is developed with a gasoline and convenience store (Randall Blvd, Center PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on Randall Boulevard. Tract 72: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 89 (W 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 89 (E 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 90 (W 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 90 (E 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 107 (W 1/2): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 107 (E 1/2): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 108 (W 180 ft): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard, Tract 108 (E 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 125: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. 5 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4. B. Tract 126: The subject site is developed with a Division of Forestry facility, including a fire tower, and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard and a local roadway - 8th Street NE. (Property is owned by Collier County,) Tract 127 (N 150 ft.): The subject site is developed with a single family home and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on 8th Street NE. Tract 127 (S 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on 8th Street NE. Tract 55: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a local roadway - 24th Avenue NE. (Property is owned by Big Corkscrew Island Fire Control.) Surroundina Lands: · North: . South: · East: . West: Immokalee Road, a 6-lane divided road, then scattered family dwellings on lands zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict); and, Randall Boulevard, a 2-lane undivided collector road, then Orangetree PUD - commercial tract under development and developed single-family homes - all designated Agricultural/Rural (Rural Settlement Area District) on the GGAMP Future Land Use Map, [The site of petition CP-2007-2 lies 1 mile to the north,] Developed single-family homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map, Across 8th Street NE, a 2-lane undivided local road, undeveloped tracts; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map, Across Corkscrew Canal, undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map, [The site of petition CP-2007-1 lies <Y2 mile to the west.] STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab, This document addresses some items common to all petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP, Appropriateness of Chanae: The proposed amendment would allow intense commercial development in an area of the County intended for low density residential development. An evaluation of the project site and surrounding area, commercial needs assessment, population growth in the area, development 6 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. impacts, infrastructure demands, and other considerations will be analyzed to determine the appropriateness of this proposed change. Backaround and Considerations: · Golden Gate Area Master Plan (GGAMP) - Goals, Objectives and Policies: Goal 3: Provide for basic commercial services for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicle trips, and preserving rural character. Goal 5: Future development within Golden Gate Estates will balance the desire by residents for urban amenities with the preservation of the area's rural character... The above goals and their related objectives and policies found in the GGAMP demonstrate the community's desire to maintain the rural character of the Estates while providing for the basic commercial needs of its growing population. The proposed expansion and commercial intensification of the Randall Boulevard Commercial Subdistrict by 48.97+ acres with up to an additional 390,950 sq, ft. of commercial development of the General Commercial (C-4) zoning district, is not consistent with, or reflective of, the Estates residents' vision of the area as expressed in the Golden Gate Area Master Plan, · Commercial opportunities within Golden Gate Estates: In 1991, the Golden Gate Area Master Plan was adopted and incorporated into the county's Growth Management Plan. The Plan established locational criteria limiting commercial development in the Estates designation to the Estates Neighborhood Centers, site-specific commercial subdistricts, and already existing commercially zoned lands, . Estates Neighborhood Centers: The Estates Neighborhood Centers were established as a means to direct new commercial development to areas where traffic impacts could be readily accommodated. These Centers were originally located at Pine Ridge and C,R. 951, Golden Gate and Wilson Boulevards, Golden Gate and Everglades Boulevards, and Immokalee Road and Everglades Boulevard, along major roadways and distributed according to projected commercial demand in the Estates. In 1992, the Board of County Commissioners denied a commercial rezone petition at the Golden Gate and Everglades Boulevard Neighborhood Center and directed staff to remove all Neighborhood Centers east of C,R. 951, stating the commercial centers were premature, Those centers were removed in 1993. In 1996, the Neighborhood Center concept was reevaluated as part of the Evaluation and Appraisal Report review process required by State Law, As a result, the neighborhood centers at Golden Gate and Wilson Boulevards and Immokalee Rd, and Everglades Boulevard were reinstated in 1997 as future centers on the GGAMP Future Land Use Map, In 2002, the GGAMP Restudy Committee was formed by the Board of County Commissioners and authorized, in part, to study the commercial land use needs of the Golden Gate Estates community, County staff worked closely with the Committee and community to identify appropriate areas to locate new commercial development within the Estates, The Committee recommendations to the BCC included added provisions for the 7 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4. B. expansion and creation of Neighborhood Centers within the Estates. The Board of County Commissioners subsequently adopted amendments to the GGAMP and Future Land Use Map and map series in 2003 to include the recommended expansions and new neighborhood centers (in effect, neighborhood centers were reestablished at their original locations but some were increased in size), · Development patterns in the Neighborhood Centers east of Collier Boulevard: Wilson Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 8.45 acres - Partially DEVELOPED (Approximately 2.65 acres are developed with 8,113 sq, ft. of convenience commercial.) NW quadrant: Total size is approximately 4,98 acres - UNDEVELOPED (portion of Project Site) SE quadrant: Total size is approximately 7,15 acres (5,00 acs, commercial & 2.15 acs. buffering and r-o-w) - Partially DEVELOPED (Wilson Boulevard Shopping Center - 41,800 sq, ft. of commercial development), Approximately 12,572 sq, ft, undeveloped commercial sq, ft. remaining - Liberty Gold LLC. SW quadrant: Total size is approximately 11,78 acres - Partially DEVELOPED (16,550 sq, ft. Walgreens store), Balance of quadrant added to Neighborhood Center via GMP amendment (CP-2005-2) approved in 2007, and rezoned for up to 60,000 sq, ft. of office, medical office and medical related uses,) Everqlades Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 5.46 acres - UNDEVELOPED (Big Bear Plaza CPUD) NW quadrant: Total size is approximately 5.46 acres - UNDEVELOPED (pending rezone to Fakahatchee Plaza CPUD for C-1 thru C-3 uses) SE quadrant: Total size is approximately 5.46 acres - UNDEVELOPED SW quadrant: Total size is approximately 5.46 acres - UNDEVELOPED Immokalee Rd, and Everqlades Boulevard Center SE quadrant: Total size is approximately 9.20 acres - UNDEVELOPED (4,05 acres have been rezoned from E, Estates to Chestnut Place MPUD for C-1 thru C-3 uses - balance of PUD lies outside of Neighborhood Center and is approved for church) SW quadrant: Total size is approximately 5,15 acres- UNDEVELOPED (pending rezone to Singer Park CPUD for C-1 thru C-3 uses) The potential and existing commercial sq, ft. within the Estates Neighborhood Centers located east of Collier Boulevard is 450,186 square feet, based on the CIGM and approved zoning, (It 8 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B, should be noted that the CIGM uses a countywide average of 6,044 sq. ft. lac, to determine potential commercial development.) · Existing commercial acreage serving portions of the Estates, but not located within an Estates Neighborhood Center: Randall Boulevard Commercial Subdistrict: Approximately 7.53 acres are allocated for up to 41,000 sq. ft. of commercial development, located within Section 27, Township 48 South, Range 27 East. This Subdistrict acreage is included as part of this GMPA petition. · Commercial development projected to serve portions of the Estates, but not located within an Estates Neighborhood Center: Orange Tree PUD: Approximately 22 acres within the Planned Unit Development are allocated for up to 60,000 square feet of commercial development, located in Sections 22 and 23, Township 48 South, Range 27 East. This PUD is located across Randall Blvd. from to the proposed project site (refer to map on page 10). (A petition to increase the commercial sq, ft. up to 332,000 sq, ft. in the PUD is pending.) [Approved for 2,100 dwelling units; pending petition to increase this to 3,350 dwelling units.] Orange Blossom Ranch PUD: Approximately 44 acres within the Planned Unit Development are allocated for up to 200,000 square feet of commercial development, located in Section 13, Township 48 South, Range 27 East. This PUD is located approximately 4.00 road miles from the proposed project site (refer to map on page 10), [Approved for 1,600 dwelling units.] Big Cypress Development of Regional Impact (DRI)/Stewardship Receiving Area (SRA) - pending: Approximately 564 acres within the DRI are allocated for up to 987,188 square feet of retail/service commercial and 664,395 square feet of office development (also includes approximately 494,080 sq. ft. light industrial), located in Sections 10, 14 and 27, Township 48 South, Range 28 East. This pending DRI is located approximately 5 miles from the proposed project site (refer to map on page 10). [Proposes 8,968 dwelling units,] Rural Villages - potential (allowed): Two Rural Villages ranging in size from 300 to 1,500-acres are permitted on the Receiving Lands west and south of the proposed project location (refer to map on page 10). A Rural Village development must include a Village Center and may also include several Neighborhood Centers. A 300+ acre (calculation doesn't include Greenbelt Area) Rural Village will yield a 30-acre Village Center with approximately 90,000 sq, ft. of commercial development. Neighborhood Centers within the same Rural Village may consist of a 1.50-acre Center with approximately 5,1 OO-sq. ft. of commercial development. A 1,500-acre Rural Village will yield a 150-acre Village Center with approximately 450,000-sq. ft. of commercial development. Neighborhood 9 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B, Centers within the same Rural Village may consist of 7,50 acres each with approximately 25,500-sq, ft. of commercial development within each center. The Receiving Lands range in distance from approximately 1.50 to 6 road miles from the proposed project site. [Density in Rural Village must be between 2-3 dwelling units/acre,] LEGEND .... ............ ........ ........... ~~.~~...... ..-......... .. : ==-- 0---- ..--, .-...--,--, .-_.._~ .' .,' --... -:.-.::-::...-:;--:.. ----...--.... ------ GOLDEN GATE AREA FUTURE LAND USE MAP 7. _===~ ........ .... --- ,.. ~J=-- ... -' ..__. -..-. ---..-..--. Cl7~" :..;:-...~ . - -- - -- :r'...t.lD""- "....UD lIOe. ~"1-'''' .... ... _ _- ~-==~'- .... -...... - .... -"'. .... ". ~.... "'. -. ~.... - - .. .....- ...-.... .. ...... -- ....~~. ."....'...~~- 'I'. .. .. ... Proposed Project Site "" rIlCMtAla.t.a.& ..e.=- 'J':. ~ .. !l . c, . , ;~ ~ ~ . . :I i i :! I t , I ,; j . ~ . . .. .. Future commercial development outside of Golden Gate Estates - as part of Rural Village (allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected commercial demand in the Estates area, · Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd, and in Golden Gate Estates, inclusive of the subject petition, Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation, The attached location map identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area, The table below also provides information about these five petitions seeking amendments to the Golden Gate Area Master Plan, The ]0 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions. Petition Location # Acres Request CP-2007-1 SE corner CR846/Wilson Blvd, S.17 Create Wilson Blvd, Commercial Subdistrict to allow max. of 40,000 S.F. of com'l uses CP-2007-2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max. of 70,000 SF of C-1 thru C-3 com'l uses CP-2007-3 south side of CR8S8, 1/4 mile west of 21.72 Create Mission Subdistrict to allow Everglades Blvd, institutional uses (church and related uses, e,g. child & adult day care), and limited C-1 com'l uses (90,000 s.f, total, inclusive of 2,500 s,1. of com'!) CP-2008-1 NW quadrant of Wilson & Golden Gate 40.62 Create a new Estates Shopping Blvds. Center Subdistrict to allow up to 225,000 s.f of C-4 com'l uses, with exceptions, and select C-5 commercial uses, with a requirement to provide a grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center and could yield 30,099 s.f. of com'l] CP-2008-2 south side of CR846 & Randall 56.50 Expand and modify Randall Blvd Blvd., from canal east to 8th Street Commercial Subdistrict to add NE (inclusive of BCI Fire Station, 390,950 s.f. of C-4 com'l uses existing Randall Blvd. Com'l [zoning in existing Subdistrict Subdistrict, and OOF fire tower site). allows 41,000 s.f. of com'l on 7.53 acs.] sum 134.29 769,450 s.f. of com'l [728,450 s.f. is [121,78 new] acres are newl Two of the five petitions proposed (CP-2008-1 & CP-2008-2) could be categorized as community serving in nature, providing a wider variety of goods and services and more intense land use activities than the others, which likely would provide convenience goods and services, consistent with existing commercial uses in the Estates Neighborhood Centers. In total, the commercial square feet proposed by these five petitions, if approved, would add approximately 728,450 sq. f1. of commercial uses on approximately 121,78 acres. This figure, combined with the existing and potential commercial sq, ft. allowed in the Estates Neighborhood Centers (450,186 sq. ft.), existing Randall Boulevard Commercial Subdistrict (41,000), OrangeTree PUD (approved for 60,000, but expected to increase to 332,000 sq. ft. via a pending petition) and Orange Blossom Ranch PUD (200,000 sq. ft.), would total approximately 1,751,636 sq. ft. (This figure does not reflect the 987,188 sq, ft. in the pending Big Cypress DRI or future development of the Rural Fringe Mixed Use District, located proximate to the proposed GMPAs,) 11 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8, Commercial Demand: Comprehensive Planning staff reviewed and analyzed the petitioner's commercial demand data and analysis, the Collier Interactive Growth Model (CIGM), and other available data to estimate and project population within the defined Study area to determine the existing and potential commercial supply, supportable commercial square feet and demand. Additionally, staff analyzed the CIGM population estimates and projections and supportable commercial square feet for all Estates designated lands located east of Collier Boulevard and the Rural Settlement Area to determine the need for neighborhood and community serving commercial centers, Staff began the analysis with the CIGM to obtain baseline population estimates and projections, and housing unit counts for the petitioner's defined market area, Staff examined the projected supportable commercial square feet generated from the resulting population (demand), and then compared those figures to the existing and potential commercial sq, ft. supply in the market area, The Model projected that the population in the petitioner's Primary Trade Area (PT A) and combined PTA and Secondary Market Area (SMA) in 2010 will be approximately 16,707 and 27,903 people respectively, and the supportable neighborhood commercial square feet in the PT A and combined PT A/SMA will be 141,174 and 235,780 respectively; and, by year 2030 the population in the PTA and combined PTA/SMA will be approximately 30,989 and 52,812 respectively, and the estimated supportable neighborhood commercial square feet in the PT A and combined PTA/SMA will be approximately 261,857 and 446,261 respectively, Staff then examined the existing and potential neighborhood commercial supply and compared those figures with the supportable square feet figures generated from the population growth in the market area. Staff determined that the neighborhood commercial supply in the PT A and combined PT A/SMA of 346,410 (546,410 sq, ft. figure reduced by 200,000 - Orange Blossom Ranch) and 533,536 (733,536 sq, ft. figure reduced by 200,000 - Orange Blossom Ranch) respectively, will exceed what the market area can potentially support, Additionally, the Model projected that the supportable community commercial square feet in the PTA and combined PTA/SMA will be 124,968 and 208,714 respectively in 2010; and, by year 2030 the projected supportable community commercial square feet in the PT A and combined PTA/SMA will be approximately 231,798 and 446,261 respectively, Staff identified approximately 200,000 sq, ft. of potential community serving commercial is located in the Orange Blossom PUO, located approximately 3+ miles from the proposed project site. Also, there is a petition pending to increase commercial sq, ft. up to 332,000 in the Orange Tree PUO, which is located proximate to the proposed project. The combined commercial sq, ft. in these two PUOs would provide a total of up to 532,000 sq, ft. of community serving commercial to the Estates and Rural Settlement Area residents, The following is a complete analysis of this proposed GMPA based on the CIGM for all years, beginning with year 2007 through year 2030, · Collier Interactive Growth Model The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning effort to assess the County's ability to accommodate growth within the County east of Collier Boulevard (CR 951), Included in the second phase of the study was the development of a Collier County Interactive Growth Model (CIGM), The Board adopted the CIGM as a planning tool at its advertised public hearing on January 13, 2009, This model 12 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4, B. was developed to assist in projecting population and its spatial distribution over time to build-out in all areas lying east of CR 951. The interactive growth model is also utilized to approximate the timing and location of commercial and industrial centers, school facilities, parks and recreational facilities, fire stations, etc. The commercial sub-model is designed to project the demand for neighborhood, community and regional centers that include retail and other commercial uses, This sub-model helps to spatially allocate the optimal locations for these centers required as a function of time and population, and as a result of disposable incomes of the population. Guidelines for Commercial Development used in the CIGM: · Number of Persons per Neighborhood Center: 13,110 · Number of Persons per Community Center: 34,464 . Number of Persons per Regional Center: 157,324 · Number of Acres per Neighborhood Center: 11 · Number of Acres per Community Center: 28 · Number of Acres per Regional Center: 100 · Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita) · Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita) · Square Feet Building Area per Regional Center: 1,000,000 (6,36 SOFT per Capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses, Based on the CIGM, staff has developed a commercial analysis for petition CP-2008-2 as follows (the 8 referenced maps are attached to this Staff Report): · Existing and Potential Commercial SOFT in the Primary Market Area (see Map 1 attached) Within the petitioner's defined Primary Trade Area (PTA) there are 89,813 SOFT of existing commercial development and 456,597 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the PT A is 546,410. Existing and Potential Commercial SOFT in the Secondary Market Area Within the petitioner's defined Secondary Market Area (SMA) there is 0 SOFT of existing commercial development and 187,126 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the SMA is 187,126. Total Existing and Potential Commercial SOFT within the PTA and SMA (see Map 5 attached: The total existing and potential commercial SOFT within the PTA and SMA is 733,536. · Housing Units & Population (see Map 2, attached) Based on the CIGM, the total housing units and total population in the PTA are/will be: 2007 - 4,818 units and 14,376 persons; 2010 - 5,600 units and 16,707 persons; 2015- 7,032 units and 20,654 persons; 2020 - 8,376 units and 24,531 persons; 2025 - 9,602 units and 28,030 persons; and, 2030 - 10,653 units and 30,989 persons. 13 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. Housing Units & Population Based on the CIGM, the total housing units and total population in the SMA are/will be: 2007 - 3,118 units and 9,717 persons; 2010 - 3,503 units and 11,196 persons; 2015 - 4,419 units and 13,780 persons; 2020 - 5,705 units and 16,840 persons; 2025 - 6,643 units and 19,456 persons; and, 2030 -7,518 units and 21,823 persons, Total Housing Units & Population within the PT A and SMA (see Map 6, attached) The total housing units and total population in the PTA and SMA are/will be: 2007 - 7,936 units and 24,093 persons; 2010- 9,103 units and 27,903 persons; 2015 - 11,451 units and 34,434 persons; 2020 - 14,081 units and 41,371 persons; 2025 - 16,245 units and 47,486 persons; and, 2030 -18,171 units and 52,812 persons, · Square Footage Demand for a Community Center within the PTA (see Map 3, attached) The total existing/projected population within the PT A translates into an existing/ projected demand for commercial space within the PTA as follows: 2007 - 14,376 persons yields demand for 107,533 square feet of commercial (7.48 SO FT per capita); 2010 - 16,707 persons yields demand for 124,986 SO FT; 2015 - 20,654 persons yields demand for 154,492 SO FT; 2020 - 24,531 persons yields demand for 183,492 SO FT; 2025 - 28,030 persons yields demand for 209,664 SO FT; and, 2030 - 30,989 persons yields demand for 231,798 SO FT, The existing and potential community commercial SOFT (Supply) within the PT A is 200,000, Based on the criteria established in the CIGM, demand for community commercial will not be generated by the population within the defined PT A until sometime between years 2025 and 2030, However, it should be noted that a petition for the Orangetree development to increase community commercial square feet to 332,000 is pending, If approved, demand for additional community serving sq, ft. would not be generated by the combined trade area population until sometime after year 2030, (It should be noted that the parcels located in OrangeTree are fragmented, and as such may only develop as neighborhood serving commercial.) Further, the addition of the requested GMPA sq. ft. of 390,950 may not likely be supported by the PTA population until well beyond year 2030, Total Square Footage Demand for a Community Center within the combined PTA & SMA (see Map 7, attached) The total existing/projected population within the PT A and SMA translates into an existing/ projected demand for commercial space within the combined trade areas as follows: 2007 - 24,093 persons yields demand for 180,216 square feet of commercial (7.48 SO FT per capita); 2010 - 27,903 persons yields demand for 208,714 SO FT; 2015 - 34,434 persons yields demand for 257,566 SO FT; 2020 - 41,371 persons yields demand for 309,455 SO FT; 2025 - 47,486 persons yields demand for 355,195 SO FT; and, 2030 - 52,812 persons yields demand for 395,034 SO FT. The existing and potential community commercial SOFT (Supply) within the PT A and SMA is 200,000. Based on the criteria established in the CIGM, demand for additional community commercial will be generated by the population within the combined PTA and SMA around year 2010, However, it should be noted that a petition for the Orangetree development to increase community commercial square feet to 332,000 is pending, If approved, demand for additional community serving sq, ft. would not be generated by the combined trade area population until sometime after year 2030. (It should be noted that the parcels located in OrangeTree are fragmented, and as such may only develop as neighborhood serving commercial.) 14 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. · Square Footage Demand for a Neighborhood Center within the PTA (see Map 4, attached) The total existing/projected population within the PT A translates into an existing/ projected demand for commercial space within the PT A as follows: 2007 - 14,376 persons yields demand for 121,477 square feet of commercial (8.45 SOFT per capita); 2010 - 16,707 persons yields demand for 141,174 sa FT; 2015 - 20,654 persons yields demand for 174,526 sa FT; 2020 - 24,531 persons yields demand for 207,287 sa FT; 2025 - 28,030 persons yields demand for 236,854 sa FT; and, 2030 - 30,989 persons in 2030 translate to 261,857 square feet demand for commercial space, The existing and potential commercial SOFT (Supply) within the PTA is 346,410; therefore, there will not be a need for additional neighborhood center commercial in this PT A until sometime after year 2030. Total Square Footage Demand for a Neighborhood Center within the combined PTA & SMA (see Map 8, attached) The total existing/projected population within the PT A and SMA translates into an existing/ projected demand for commercial space within the combined market areas as follows: 2007 - 24,093 persons yields demand for 203,586 square feet of commercial (8.45 SOFT per capita); 2010 - 27,903 persons yields demand for 235,780 sa FT; 2015 - 34,434 persons yields demand for 290,967 sa FT; 2020 - 41,371 persons yields demand for 349,585 sa FT; 2025 - 47,486 persons yields demand for 401,257 sa FT; and, 2030 - 52,812 persons translates to 446,261 square feet demand for commercial space, The existing and potential commercial SOFT (Supply) within the combined trade area is 533,536; therefore, there will not be a need for additional neighborhood center commercial in this combined trade area until sometime after year 2030. [Data Sources: The CIGM analysis for this petition utilized: (1) the 2008 commercial inventory prepared by the Collier County Comprehensive Planning Department; (2) present GMP designations that allow commercial zoning; (3) housing unit and population projections prepared by the CIGM consultant, which account for vacancy rates. There is a minor discrepancy between the CIGM population projections and those prepared by the Bureau of Economic and Business Research at the University of Florida.] · Justification for the proposed amendment and commercial demand analysis, as provided by the petitioner (refer to Exhibit L): The Commercial Needs Analysis was prepared by Fraser & Mohlke Associates, Inc. The Study evaluated and compared market conditions and population within Golden Gate Estates and within three separate Planning Communities - Corkscrew, Rural Estates and Urban Estates; evaluated and compared market conditions and population estimates and projections in Zip Code 34120; evaluated CIGM population estimates and projections and build-out housing unit counts; assessed the transportation network surrounding the proposed project site; and then applied similar market characteristics to the project's established Primary Trade Area (PT A) and Secondary Market Area (SMA) to determine commercial demand. The Primary Trade Area (PT A) and Secondary Market Area (SMA) generally include much of the Estates designated areas located east of Collier Boulevard, extending north from Golden Gate Boulevard to Immokalee Road, and extending to the eastern boundary of the Estates designation, including the Rural Settlement Area (refer to map on page 16 [subject site is in yellow)), 15 CP-200S-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4, B. - --'4- "'r . ._'."-.r- f L.. ,...- ~ i' -- ~~...... ___k. r .,. 1 ., j '-~~7" ~ '.- '" \ "\. ",.1 I I L -_ ,: ~, .. so I: l. . C 5- . . U__"'I_,.._..n.-"'. . 3i01 : ," i: ! 1- f- i - L. J t. ,; ,. ii .. . w 11 f 1&1 i ,. 1< I ~, ~~ ! .. I ;"lo - :J.l"1 i~ ,.,. T.../....I_lto'(:4~""] l.i ..::t. ,_~ ~, , hi ;101 Hi 236 _I, 23-0; ~. ~ . o . , .n t ! , i ",' . :71:) ___i_ ~ . '-'~ --~~:.._. 4'..___......,........-...... ~- . li-:'::.:'--=-, :~-,---l- ". . '.~T 1, - · ,c 1 ! '- ~--'- - -J-- , =-::' .:.::..., ,1'- I . ~. =-===-:-=---==--_ ~i --~ t-:~=~==-~. ..,...RMan 2111 __...___4 , !, 1 "u . ". . -I. -----.t '!Ie _ u. ,I I l-.~ ....._J ~_ -:==-J.._-.!._ PTA Traffic Analysis Zones (TAZ): 214 - 217,393 - 396,398 - 400, and 402 SMA Traffic Analysis Zones (T AZ): 213, 218, 234 - 236, 390, 391, and 397 The consultant's approach to analyzing supportable commercial square feet based on the data specific to the geographies studied, including but not limited to, population projections, per capita income, dwelling unit counts, retail expenditures, and sales data was deemed reasonable by staff. However, the Study contains outdated data and does not contain essential commercial supply data necessary to accurately evaluate the commercial demand. The absence of this data gives the appearance that certain geographic areas studied may be underserved by commercial land uses, Specific to the project's PT A, the Study evaluates commercial demand based on CIGM population estimates (2007) and projections (2010 & 2015) for the area along with the application of market characteristics derived from similar geographies studied. However, the PT A analysis includes population projections for the entire market area, but does not include all existing and potential commercial supply, thereby overstating the area's commercial deficit. The consultant's findings based on the CIGM population estimates and projections for the PT A and SMA are below, · The total population in the Primary Trade Area (PT A) is/will be: 2007 - 14,156 persons; 2010 -16,409 persons; 2015 - 1S,669 persons; and, build-out - 36,125 persons. (Dwelling units at build-out are estimated at 13,834 units. 16 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4. B, · The total population in the Secondary Market Area (SMA) will be: 27,239 persons at build-out, based on the CIGM, or 27,874 persons, based on the 2005 Residential Build- Out Study prepared by the Collier County Comprehensive Planning Dept. · The consultant estimated that by build-out the total population within the PT A (36,125 persons) and the SMA (27,239 persons) would support approximately 473,963 sq. ft. of community center commercial land uses, requiring a total of 54.40 acres, (Note: the OrangeTree PUD, Orange Blossom Ranch PUD and other potential commercial sq, ft. figures and acreages were not included in the consultant's commercial inventory. Inclusion of these potential commercial sq, ft. figures results in an increase in net supply and a decrease in demand for the area,) · Population Projections (CIGM); and, Neighborhood and Community Center supportable sq. ft. (CIGM) in Golden Gate Estates and the Rural Settlement Area: The population in Golden Gate Estates (east of Collier Boulevard) and the Rural Settlement Area is projected to be: 35,136 persons in year 2010; 51,560 persons in year 2020; 65,217 persons in year 2030; and, 81,847 persons by build-out. (see Housing Units and Population Forecast map, attached) Based on CIGM criteria, approximately 35,136 persons could support approximately 296,899 sq, ft. of neighborhood serving commercial and 262,817 sq. ft. of community serving commercial; 51,560 persons could support approximately 435,632 sq. ft. of neighborhood serving commercial and 385,669 sq. ft. of community serving commercial; 65,217 persons could support approximately 551,084 sq, ft. of neighborhood serving commercial and 487,823 sq, ft. of community serving commercial; and, 81,847 persons could support approximately 691,607 sq, ft. of neighborhood serving commercial and 612,216 sq. ft. of community serving commercial. As noted in a previous section of this Report, the existing and potential supply of neighborhood serving commercial is approximately 551,186 sq. ft. and community serving commercial is approximately 200,000 sq, ft. (plus 332,000 sq. ft. potential in OrangeTree PUD). If the five proposed GMPAs east of Collier Blvd. are approved, the existing and potential supply of neighborhood serving commercial will increase to 636,686 sq. ft. and community serving commercial will increase to approximately 815,950 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree PUD), Based on the above analysis, it is evident that the existing and potential neighborhood serving commercial supply is sufficient to support the needs of the Estates/Rural Settlement Area for the immediate future to year 2030, Conversely, the data reveal that there is a deficit of community serving commercial sq. ft. beginning in year 2010 in the amount of 63,817 sq, ft. This deficit is projected to increase to 185,665 sq, ft. in year 2020; 287,823 sq. ft. by year 2030; and 412,216 sq, f1. by build-out. (Note: Population in certain sections of the Estates designated lands, located within 2-miles east of Collier Boulevard, north and south of Golden Gate Blvd, and south of White Blvd, have been omitted from this analysis, This analysis assumes that most of the described population is/will be served primarily by commercial centers located along, or west of, Collier Blvd.) 17 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. (Note: This analysis does not consider intermodal splits which demonstrate peak hour of the trips with an urban destination in the morning. Shopping patterns related to that traffic to the urban area is not factored into the market analysis. As a result, 100% of commercial spending is assumed to be in the market area.) · Site Assessment - General Comments: Roadway: The site is situated on Randall Blvd, and 8th Street NE, Randall Blvd, is expected to be widened in the future, initially to 4-lanes and then to 6-lanes, Randall Blvd, Status: Randall Blvd, is identified in the 2030 Long Range Transportation Plan as a future 4-lane divided roadway, In the 2009 Annual Update and Inventory Report, no funds are allocated for right-of-way acquisition, design/engineering or construction. The easterly terminus of Randall Boulevard is at the eastern edge of Golden Gate Estates and the western edge of the Rural Lands Stewardship Area (RLSA), The pending Big Cypress DRI within the RLSA proposes access to Randall Boulevard (and Oil Well Rd, and 18th Avenue NE,) Access: Access to the proposed Subdistrict will be from Randall Blvd and 8th Street NE. The site is expected to include an internal roadway running through the entire property along the southern boundary, Site Depth and Width: The site is approximately 660 feet deep and the width of the property, from 8th Street NE to the Randall Blvd, Center PUD is approximately 2,650 feet (% mile), However, the site's developable area and depth will be reduced to accommodate the Randall Blvd, road widening project (80 feet along property frontage) and 8th Street NE intersection improvements, Further, the southern portion of the property will be reduced by at least 75 feet to accommodate a landscape buffer adjacent to the residential areas, Utilities: The proposed project will be served by central water and sewer - OrangeTree or Collier County Utilities, Adjacent Properties: The properties south of the subject site are zoned E, Estates and designated Estates on the GGAMP Future Land Use Map; about half of the parcels contain single family dwellings, The developed single family residential neighborhood located across Randall Boulevard is zoned MPUD, OrangeTree PUD, and is characterized as urban development. Rural Character Impact: The proposed project will most likely alter the rural character of the area. Typically, the residents in the area can expect to experience increased noise, light/glare and traffic volumes at the site and around the surrounding area, It will be critical at time of rezoning, if the GMPA is approved, to address project uses, a unified theme of development, buffers, setbacks, heights, hours of operation, and noise and light mitigation in order to minimize resulting project impacts and to protect the rural character of the Estates area, 18 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. Environmental Impacts: The environmental report prepared by Jeremy Sterk with Davidson Engineering and submitted with this petition, dated August 18, 2009, indicates the following: · The project site includes one single family home; governmental and commercial facilities; dry herbaceous; palmetto prarie; pine flatwoods; cypress; and drained pine-cypress- cabbage palm habitats with some level of exotic infestation; roadway; canal; and FPL easement. The soils found on site are hydric soils malabar fine sand and pineda fine sand, limestone substratum and non-hydric soils Immokalee fine sand and oldsmar fine sand. · The listed species survey conducted on site concluded that there were listed species found utilizing the site, and there were signs of gopher tortoises. Non-listed species observed include various songbirds, black vulture, cattle egret, swallow-tailed kite, Eastern gray squirrel, nine-banded armadillo, and various reptiles, The protected plant species of wild pine and Florida butterfly orchids were found on the site. The site lies within secondary panther habitat and core foraging area for wood storks. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: · No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. · Staff has not verified the provided Florida Land Use Cover & Forms Classification System (FLUCCS) mapping and does not approve it or the Environmental Impact Statement with this petition. · Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan), The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Plan (CCME) Section 6.1,1 (4), Historical and Archeological Impacts: · The Florida Master Site File lists no previously recorded archeological sites, one historic bridge and no standing structures within the project acreage. The Florida Dept. of State, Division of Historical Resources cautions the property owner that sites may contain unrecorded archaeological resources even if previously surveyed for cultural resources, Further, this site has not been identified on the County's Historical and Archeological Probability maps, Traffic Impacts and GMP Consistency: · Traffic Impacts: Randall Boulevard Impacts The first concurrency link that would be impacted by this project is Link 132, Randall Boulevard between lmmokalee Road and Everglades Boulevard. The project would generate up to 477 PM peak hour, peak direction trips on this link, which represents a 19 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4, B. 53,00% impact. This concurrency link reflects a remaining capacity of 214 trips in the adopted 2008 AUIR and is at Level of Service "0", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link, The second concurrency link on Randall that would be impacted by this project is Link 133, Randall Boulevard between Everglades Boulevard and Desoto Boulevard, The project would generate up to 318 PM peak hour, peak direction trips on this link, which represents a 35.33% impact. This concurrency link reflects a remaining capacity of 214 trips in the adopted 2008 AUIR and is at Level of Service "0", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Immokalee Road Impacts The first concurrency link on Immokalee Road that would be impacted by this project is Link 45, Immokalee Road between Wilson Boulevard and Oil Well Road, The project would generate up to 159 PM peak hour, peak direction trips on this link, which represents a 4,33% impact. This concurrency link reflects a remaining capacity of 1,761 trips in the adopted 2008 AUIR and is at Level of Service "B", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. The second concurrency link on Immokalee that would be impacted by this project is Link 46, Immokalee Road between Oil Well and SR-29 (in Immokalee). The project would generate up to 40 PM peak hour, peak direction trips on this link, which represents a 4.65% impact. This concurrency link reflects a remaining capacity of 518 trips in the adopted 2008 AUIR and is at Level of Service "C", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link, Traveling West on lmmokalee Road, the first concurrency link that would be impacted by this project is Link 44, Immokalee Road between Wilson and CR-951. The project would generate up to 124 PM peak hour, peak direction trips on this link, which represents a 3.27% impact. This concurrency link reflects a remaining capacity of 1,971 trips in the adopted 2008 AUIR and is at Level of Service "B", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link, Oil Well Road Impacts The first concurrency link on Oil Well Road that would be impacted by this project is Link 119, Oil Well Road between Immokalee Road Everglades Boulevard, The project would generate up to 119 PM peak hour, peak direction trips on this link, which represents a 11,78% impact. This concurrency link reflects a remaining capacity of 346 trips in the adopted 2008 AUIR and is at Level of Service "C". This link is presently let for construction bid and upon execution of the contract, will show additional available capacity for concurrency purposes, To be consistent with the Transportation Element of the GMP prior to the availability of this capacity, network improvements and specific dedications have been proposed which mitigate the significant impacts on this link, Everglades Boulevard Impacts The first concurrency link on lmmokalee Road that would be impacted by this project is Link 135, Everglades Boulevard between Oil Well Road and Golden Gate Boulevard, The project would generate up to 31 PM peak hour, peak direction trips on this link, which represents a 3.44% impact. This concurrency link reflects a remaining capacity of 563 trips in the adopted 2008 AUIR and is at Level of Service "C", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link, 20 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B, The second concurrency link on Everglades Boulevard that would be impacted by this project is Link 136, between Oil Well and Immokalee Road, The project would generate up to 40 PM peak hour, peak direction trips on this link, which represents a 4.44% impact. This concurrency link reflects a remaining capacity of 499 trips in the adopted 2008 AUIR and is at Level of Service "C", Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. · Consistency with Policy 5.1 of the Transportation of the Growth Management Plan (GMP): Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, if the applicant provides adequate mitigation. Specific mitigation has been proposed by the petitioner that will satisfy the requirements of Policy 5.1, The developer and County staff are working on the creation of a Developers Contribution Agreement that shall be approved prior to adoption of the Plan amendment. Attached to this Staff Report is a summary of "business points" and the DRAFT Developers Contribution Agreement. Public Facilities ImDacts: · Water and Wastewater: According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates, There are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road. The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants, Water and sewer services are not currently available, These pipelines will be activated when the North East Plant is ready. Per our current 2008 AUIR, the North East Plant project is anticipated to be constructed and in service by 2018, Collier County Public Utilities does not guarantee a time frame for construction of its capital projects. If adequate capacity is not available, on-site facilities may be provided to serve the needs of the development. Potable Water Demand - Proposed Uses: Office (25,000 sq, ft.) - 3,750 GPD; Medical Office (50,000 sq, ft.) - 5,440 GPD; and Shopping Center (315,950 sq, ft.) - 31 ,595 GPD. Potable Water Demand - Existing Land Use Designation: 13 Residential Units - 3,900 GPD, The net difference in demand for potable water is 36,885 GPD. Sanitary Sewer Demand - Proposed Uses: Office (25,000 sq. ft.) - 3,750 GPD; Medical Office (50,000 sq, ft.) - 5,440 GPD; and Shopping Center (315,950 sq. ft.) - 31 ,595 GPD. Sanitary Sewer Demand - Existing Land Use Designation: 13 Residential Units - 3,900 GPD. The net difference in demand for sanitary sewer is 36,885 GPD. 21 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8, · Solid Waste: The service provider is Collier County Solid Waste Management. The 2008 AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the required lined cell capacity. The project's change in land use from 13 residential units (127 Ibs./day) to 75,000 sq. ft. of office (3,250 Ibs./day) and 315,950 sq. ft, of shopping center uses (1,896 Ibs./day) would permit an increase in daily trash generation of 5,019 Ibs./day. · Drainage: The subject property is located in Flood Zone D. Future development will be required to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements, · Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. · EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew Island Fire Control and Rescue District. The nearest fire station is located proximate to the subject site and sheriff substation and EMS services are located approximately two+ miles from the site, The proposed Subdistrict is anticipated to have minimal impacts on safety services and jail facilities, 2008 Leaislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation, The petitioner has submitted the following data and analysis in support of the project's compliance with the new legislation, "One key component repeated throughout the proposed strategies for compliance with HB 697 and the reduction of Green House Gases (GHG) is the reduction of vehicle miles traveled (VMT), VMT is identified by DCA Secretary Tom Pelham as a "key factor" in his report titled "The Role of Local Land Use and Transportation Planning in Reducing GHG", The proposed project will add retail, office, medical and general commercial uses in an area of the county that has repeatedly been identified as being grossly underserved in retail services, Unlike more urban settings where strategies of proposing higher densities may contribute to reducing the average vehicle miles travelled, the rural residentially dominated Estates will not allow for higher densities, As a result, the most logical and reasonable method to reduce VMT is to locate necessary services where they are most easily accessible to residents in the Estates, The proposed Land Use Change will bring 390,950 square feet of commercial retail and office space to the intersection of Randall Blvd, and Immokalee Road, With the exception of a few small scale retail businesses in the immediate area, the nearest shopping center lies 5,5 miles to the west of the subject site and 11 miles west of the eastern edge of the Estates. The nearest shopping center to the North lies 20 miles away in the Immokalee community, 12 miles by road north of the Northern edge of the Estates area, The size of the proposed project will allow for a full range of retail convenience services that will substantially meet the needs of the surrounding community, This will result in a reduction of VMT ranging between 5 and 10 miles each way for many basic goods and services, 22 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4. B. Secondly, the project will create jobs in a location where there are relatively few moderate and large scale employers outside of the Collier County Public School System, Locating businesses in the Estates will help shift the AM and PM peak hour traffic patterns on all County Roads in the area. While the project will create additional traffic on roads adjacent to the subject property, its primary impact to the road system will be to reduce trip lengths for Estates residents thereby improving capacity on these roads as well as contributing to a reduction in GHG in accordance with HB 697," Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would reduce greenhouse gas emissions. Based upon the petitioner's information provided, staff is able to conclude that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to area residents. However, the analysis provided was not quantified in terms of trips captured by internal and external users. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on September 15, 2009, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Approximately 21 people attended the NIM, held at Collier County University of Florida IFAS Extension Building, located at 14700 Immokalee Road, Naples, FL 34120. The following is a synopsis of the meeting: · The County staff planner gave a brief explanation of the GMPA process, including public hearing dates, and the petitioner presented the proposed project in its entirety, Individuals spoke about the following: · Traffic impacts and circulation - discussion concerning site ingress and egress, signalization of intersections, and future improvements to Randall Boulevard and 8th Street NE. · Commercial demand - requests for grocery store use, discount stores, medical offices, etc, · Project Impacts - concerns about potential impacts to Valencia Lakes' residents (to the north) and Estates' residents located south of the project. Petitioner mentioned that a type liD" buffer would be provided adjacent to residential properties on southern boundary of project. · Water and sewer availability, Petitioner stated project would likely be on central water and sewer; OrangeTree Utilities or Collier County Utilities, · Project impacts - concerns about lighting, drainage, height of buildings, noises, and buffering adjacent to residential homes. · Project phasing schedule and schedule for Randall Boulevard widening and 8th Street NE improvements. The meeting began at approximately 6:00 p.m, and concluded at approximately 8:15 p.m, [Synopsis prepared by M. Mosca, Principal Planner) 23 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,B, FINDINGS AND CONCLUSIONS: · The proposed site specific commercial amendment is a departure from the residents' established vision for Golden Gate Estates. Visioning requires public input and coordinated efforts to locate commercial centers where appropriate, considering project impacts, available infrastructure, growth trends, etc. · The GGAMP limits new commercial projects in the Estates to uses generally found in the C- 1 through C-3 zoning districts of the Collier County Land Development Code, which are intended to serve the basic shopping needs of area residents, · Approval of the proposed Subdistrict circumvents the master planning process and limits public involvement. · The proposed development will most likely alter the semi-rural characteristics of the Estates area, Additional noise, light, traffic and etc, can be expected at the site and the surrounding area, · The intensity and scale of the proposed project is consistent with commercial intensities found in urban commercial centers. · The CIGM identifies that in the project's Primary Trade Area (PT A) and the Secondary Market Area (SMA) there will be a demand for community commercial serving uses in 2010 of about 8,714 sq, ft., increasing to approximately 195,034 sq, ft. by 2030, [It should be noted that 225,000 sq. ft. of community commercial uses are proposed in petition GMPA- 2008-1, which includes much of the same trade area as this petition,] · The petitioner's market analysis identified that in the PTA and SMA approximately 473,963 sq, ft. of community center commercial land uses could be supported in the area by build- out. However, the analysis did not less out the already approved community commercial supply of 200,000 sq, ft. on 44 acres in the Orange Blossom Ranch PUD, · The CIGM identifies a deficit of community commercial land uses in the Estates and Rural Settlement Area will exist in year 2010 in the amount of 63,817 sq. ft. and increase to 412,216 sq, ft. by build-out. However, this deficit does not take into account the potential commercial sq, ft. supply in the pending Big Cypress DRI petition, located approximately 6+ miles from the project site; the development is likely to provide commercial and employment opportunities to residents residing in the eastern areas of the Estates, · No significant public facility impacts, except those related to the transportation network, are expected to occur as a result of the approval of this amendment. · Approval of this request to add 390,950 square feet of commercial uses at the subject location may be deemed consistent with policy 5,1 of the Transportation Element of the Growth Management Plan, if the mitigation is approved by the Board of County Commissioners, · The project consists of assembled properties that can accommodate community commercial uses, Staff is aware of no other assemblage in the Estates designated lands, except for 24 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. lands contained in the GMPA petition CP-2008-1, and one proximate to the Estates, Orange Blossom Ranch (200,000 sq. ft.). . The project will be served by central water and sewer. · The site has access to Randall Boulevard, a collector road that will eventually become a 4- lane divided road, . All development in this Subdistrict will be subject to the lighting requirements in Policy 5,1.1. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's office. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2008-2 to the Board of County Commissioners with a recommendation to not transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict text, mostly to maintain consistency and harmony within the GGAMP, for proper format, use of code language, succinctness and clarity. (Note: single underline text is added, as proposed by petitioner; double underline text is added, double atFil,:l3 tAr€ll;l~A text is deleted, as proposed by staff). 3. Randall Boulevard Commercial Subdistrict [Page 35] The Randall Boulevard Commercial Subdistrict. containina aODroximatelv 56,5 acres, is located on the ~~uth side of Randall Boulevard and Immokalee Road lCR-846L extendina from 8 Street NE west to the Corkscrew Canal. ~ This Subdistrict is comprised of the following properties: Tract2 54. 55. 71, 72. 89. 90. 107. 108. 125. 126 and 127. Golden Gate Estates, Unit 23r aF'lG tho Eact 165 feot of Traet~ 61!.ll., GeigeR Gate I!!:etatee, IJRit ~a, RElee8Ri2iR8 tR8 l;IRi6jY8 Q8~.:818/iIiRElRt f)Q1t8FR 8RQ eRaF8et8Fieti8e sf 8b1rrBblRQiA8 18RQ bI&El&, tREl This ReRQall 88l:!11BVQFQ C€lliRliRBreial Subdistrict has been designated on the Golden Gate Area Future Land Use Map .and. the Randall Boulevard Commercial Subdistrict Mao. ~ M3p 14 tRB RGlRQell 8 Bioi I 8'JGlFQ CeliRA'lBrBial eblB€lietFi8t ~ It is the intent of this Subdistrict to provide commercial Qoods and services to the surroundinQ area. Develooment intensitv in this Subdistrict shall not exceed 431,950 sauare feet of floor area, All develooment in this Subdistrict shall comolv with the followina reauirements and limitations: ~ TRB CritBria fBr tR8 8b18gi8triet aFe a8 felle'A'e: · a. All eBA'lliRereiQI development is encouraged to be in the form of a PUD, · b." Projects directly abutting Estates zoned property shall provide, at a minimum, a 75-foot wide buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. TrQst 68 aRall BF8ViQ13. at a liRiRiliRblliR. a 8g feet Bblffer 8f rstaiAsQ R8ti\'e veaet8tisR iF! WRi8R RS '1.'8ter f.l:laF!QQeliReF!t l:!Isei:i1 eFe ssrliRi1tsg Sr;;J its eaeterR 8el:!lRQQFV, · Q.. Shared parking shall be required with adjoining developments whenever possible, 25 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.8. !i Tract 55 shall on Iv be utilized for 813f88888 Elf native preservation and water manaqement areas, The eastern boundarv of Tract 55 shall contain, at a minimum. a 50-foot wide retained native veQetation buffer. e, Develooment intensitv shall be limited to 390,950 SQuare feet of floor area. of which no more than 315.950 SQuare feet shall be retail development. on Tracts 72, 89, 90. 107. 108, 125, 126, 127. and the west one-half of Tract 54. Develooment intensitv shall be limited to 20,000 SQuare feet of floor area on the east one-half of Tract 54, and 21,000 SQuare feet of floor area on Tract 71. ~ Limitati8R @f 6/SElS USElS sRall 8@ liFRit@€l t@ tR@ f@IIEl'.vif1~: - AI:ltElFR88ilEl ~8r;viBe ~tatiElR; - Qar88r &.. Q8awty ~REl~8; - CBFI':8RiElREl@ ~tElr@s; - grl!1l~ ~tElr98; - F'8El8 Mafl{Elts; - War€lwaf9 ~tElre8; - laYF!9ri@& ~@If ~@r\'is9 QRly; - PerKs, PY81ie @r Pri'/atB - Pest OffiElEls aR€! Pmfe88i€lRal Qffis8S; - ReJi3air SR€lJi38 Ra€!i€l, T'.', ~FRall AJi3Ji3liaRsEls aR€! ~R€l8S; l' RElstaYfaRts, iRElII:4€!iR@ fast fee€! fElstal:4fElRt& 8Yt R€lt 9rive iR rElstayraRts - SR€l~~ifl!iJ CeRter. as €!efiREl€! iR tRe laR€! DEl\'eIEl8FRElRt C€l€!e 8€lFR8risEl€! Elf b1~9~ e€lR~i~t9Rt witR th8&9 igeF!tifi99 iF! this EQ@tieR. ? '/etClriRery CliRiEls 'IJitA R€l Ell:ltsi€lEl j{@fmElliR@. L Allowable uses shall be limited to all ~oermitted and conditional uses ell8'A'ee iR .of the C-4, General Commercial. zonina district in the Collier Countv Land Development Code, Ordinance No. 04-41, as amended. &Rell alse 88 alle'NElB except that the ** followinq uses shall be prohibited: Tire Dealers, Automotive Retail (Group 5531) Automotive Parkinq (Group 7521) Communication Services (Group 4899) Drinking Places (Group 5813) Fishing Piers (GrouP7999) Glass and Glazing work (Group 1793) Health Services (Groups 8059-8069) Specialtv Outpatient Facilities (Group 8093) Houseboat Rental. Lakes Operations. Party and Pleasure Boat rental (Group 7999) Laroe Appliance repair service (Group 7623) Marinas (qroup 4493 and 4499) Miscellaneous Repair Services (Groups 7622-7641,7699) Liquor Store, unless operated bv Grocerv Retailer (Group 5921) Used Merchandise Store (Group 5932) Automatic Merchandisino Machine Operators (Group 5962) Direct Sellinq Establishment (Group 5963) Escort Services. Massaqe Parlors, Tattoo Parlors. Turkish Baths. Weddinq Chapels (Group 7299) Bettinq Information Services. Bath Houses. Billiard Parlors. Bookies and Bookmakers. Cable lifts, Carnival Operation, Circus Companies. Fortune Tellers. 26 CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4,8. Go-cart racing ooeration. Off-track bettina. Ping Pong Parlors. Rodeo Animal Rentals. Rodeos. Shootina Ranaes. Traoshootina Facilities (Group 7999) Parole offices. Probation offices. Public welfare centers. refuaee services. settlement houses (Group 8322) Tow-in parkina lots (Groups 7514.7515.7521) Animal Specialty Services (Group 0752) ~ i!:it8 a8sisR aRg areRiteetl:llral tfGlat~8Rts: - All 8r BaR 8f TFa8ts 84. 71. 1~. iQ. QQ, 197, 199, 1~8. 1~i 61Rg 1~7 sR611l at ti~e 8f z8RiR8 Br8':iel8 iRf8r~61ti8R aRB e8R88Btl:ll61l B88iiilR ~aterial8 iRBi8atiR8 tR8 st\'le aRa 8eRer61l 61rElRite9twr611 BesiiilR 9f ewilaiR~s. - TAEl feews 8f Br8BEl8ElB e!ElSi8R eIEl~9Rt6 81016111 e9 tEl eaBtj,lr9 tR8 rwral Ratj,lrEl 9f tR9 I!H:lrrewFlBiR8 area iR tRe featj,lr9S aRe! el9sililFl ef tR9 BreieElt '.\'RGlre BFQetieQely Bessiels, Q: No further development shall be allowed in this Subdistrict until the Bia Corkscrew Island Fire Station and Florida Division of Forestrv fire tower uses are oermanentlv discontinued. h. rolaceholderJQUransoortation mitiaation reauiremen~ 27 PREPARED BY: // ,,-- , NCIPAL PLANNER LANNING DEPARTMENT REVIEWED BY: <~-- c. { {1/"J,: DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: VilA- RANDALL COHEN, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: /,/ ~ //'f~ JO~E~H K. SCHMITT, ADMINISTRATOR C~MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Petition No: CP-2008-2 Staff Report for the October 19, 2009 CCPC Meeting DATE: DATE: () j'< (('/ .cr -, #/' I ;J, . ~ ! Agenda Item 4,B, DATE: DATE: q-JO-O/ 7/$0/'" Note: This petition has been scheduled for the January 19, 2009, BCC Meeting, " , CP-2008-2 SUMMARY OF PENDING DEVELOPER CONTRffiUTION AGREElVIENT RELA TED TO EXPANSION OF RANDALL BOULEVARD COMMERCIAL SUBDISTRICT, PET. NO. CP-2008-2 The DCA is between: . Emergent Development Group II, LLC, "EDG" (on behalf of the Developer) . The County (Real Property, Transportation and Forestry Division are impacted) . Urika Oil, Inc. (the owner of the Gas Station and the 4 acres behind it) . PAC of Collier, Inc. (the owner of the retail strip center) . Big Corkscrew Island Fire District, "BCIFD" The Parcels involved are: . "EDG Parcel" - the roughly 36 acres that make up the core development parcel that's being requested for addition to the Randall Blvd Commercial Subdistrict . "County Parcel" - 5.64 acre parcel where the Forestry Service currently resides . "Swap Parcel" - 5,64 acre parcel at SE comer of Randall Blvd & 8th St NE . "Fire District Parcel A" - 2.31 acre parcel where the BCIFD facilities reside . "Fire District Parcel B" - 5 acre parcel to the south of Fire District Parcel A . "Urika Parcel" - where the BP Gas station currently resides . "PAC Parcel" - where the retail strip center currently resides The Randall Blvd widening will impact all of the landowners who are party to this Agreement. The Developer proposes to develop the EDG Parcel, Fire District Parcel B and the County Parcel as a commercial planned unit development (the "Proposed Development"), PAC of Collier, Inc. proposes to expand and develop the PAC Parcel by combining it with Fire District Parcel A, as a commercial planned unit development; . The Developer will dedicate 80 feet of right away along the entire Randall Blvd frontage of the property, Total acreage :t 6.06 acres. . The Developer will exchange the Swap Parcel with the Fire District Parcel B + a cash equivalent due to the difference in acreage (based on tax assessed value), . The Developer will exchange the Fire District Parcel B for the County Parcel + a cash equivalent due to the difference in acreage (based on tax assessed value), . The Developer will purchase, for cash, based on tax assessed value, the Fire District Parcel B, and then donate it to the County to provide for water management from the widened roadway and the Proposed Development (in exchange for access to the fill from the future lake / pond). 10f2 . The Developer will provide for a local access route to assist the Urika and PAC Parcels, who agree to construct their own piece to connect the roadways accordingly. The design of these local access routes will be done cooperatively between all parties. . The Developer will agree to relocate the Forestry Service Building to the Swap Site - and pay to entitle and construct their portion of the Swap Parcel to receive them (pending a maximum cost). The timing of this commitment is also critical, and is being negotiated and contemplated to ensure minimum downtime for the Forestry Service. . PAC will agree to buy the Fire District Parcel A, and relocate the Fire Station Building to the Swap Site - and pay to entitle and construct their portion of the Swap Parcel to receive them (pending a maximum cost). Same issue on timing. In addition, PAC will agree to lease (for a duration of time still being negotiated) to the BCIFD their existing Admin Building, until they can accommodate that function elsewhere (the contemplated DeSoto Boulevard Site, most likely), . The BCIFD will lease to the Forestry Service roughly the south half of the Swap Parcel. The Term is being negotiated, but will be inexpensive and lengthy in duration, and approved by Forestry and Emergency Services Division within the County. . The Developer agrees to design and construct water/sewer lines (if available) to the eastern edge of the Proposed Development to make service available to the Swap Parcel. We'll also agree to extend water/sewer lines to the western edge of the Proposed Development, so this same service can be tapped into by both Urika and PAC. . If and when signals are warranted, it shall be the responsibility of the Developer to pay for any and all design, material, installation, operation, and maintenance costs of the signals. Currently, the County desires the signal to be placed at 8th Street NE and Randall, which is consistent with the currently adopted Access Management ordinance and the Transportation Long Range Plan, 599512 v_02 \ 120154,0001 9/24/09 2 of 2 CP-2008-2 8/17 /09 Version DEVELOPER CONTRIBUTION AGREEMENT EMERGENT DEVELOPMENT THIS AGREEMENT ("Agreement") is made and entered into this _ day of 2009, by and between Emergent Development Group II, LLC, a Florida limited liability company hereinafter referred to as "Developer," whose address is 3055 Terramar Drive, Naples, FL 34119, pursuant to the authorization set forth in the Agreement & Restrictive document filed with GMP Amendment petition and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County" and Urika Oil, Inc, a Florida corporation, hereinafter referred to as "Urika"; PAC of Collier, Inc., a Florida corporation, hereinafter referred to as "PAC"; Big Corkscrew Island Fire District, hereinafter referred to as "Fire District", RECITALS: WHEREAS, Developer has legal control over of approximately 36.0 acres of property in unincorporated Collier County, Florida, (the "EDG Parcels") on which a commercial planned unit development is proposed in combination with other lands referenced herein; and WHEREAS, County owns :t 5.64 acre parcel in unincorporated Collier County (the "County Parcel") of which is leased to the State of Florida, Division of Forestry Service; and WHEREAS, Fire District owns in unincorporated Collier County one:!: 2.31 acre parcel on which is located a firehouse, administration building and a communication tower ("Fire District Parcel A ") and owns another:!: 5 acre unimproved parcel ("Fire District Parcel B ") which abuts the southern boundary of Fire District Parcel A (collectively the "Fire District Parcels"); and 1 of 13 8/17 /09 Version WHEREAS, Developer also has or will have control over.:!: 5,64 acre parcel in unincorporated Collier County which is currently unimproved (the "Swap Parcel") and which is proposed to be exchanged for the Fire District Parcel; and WHEREAS, Urika Oil, Inc, owns and operates a service station and convenience store at the intersection of Randall Boulevard and lmmokalee Road (the "Urika Parcel"), and WHEREAS, PAC of Collier, Inc, owns and operates a shopping center on a parcel (the "Shopping Center Parcel") located between the Urika Parcel and the Fire District Parcel; and WHEREAS, County will be widening and reconstructing and realigning the intersection of Randall Boulevard and Imrnokalee Road in connection with the widening (the "Road Project"); and WHEREAS, the Road project will require the County to acquire lands from the EDG Parcels, the Urika Parcel, the Shopping Center Parcel, the Fire District Parcel, and the County Parcel which will negatively impact the size, location and types of uses which exist or which may be allowed on these parcels; and WHEREAS, the impacts to the County Parcel will require the County to relocate the facilities of the Division of Forestry Services to other property; and WHEREAS, the Road Project will require changes to the existing access from Randall Boulevard to the Urika Parcel and the Shopping Center Parcel; and WHEREAS, the County would otherwise incur obligations to compensate the owners of the various parcels for lands needed for the Road Project; and 2 of 13 ,- 8/17/09 Version WHEREAS, Developer proposes to develop the EDG Parcels, Fire District Parcel Band the County Parcel as a commercial planned unit development (the "Proposed Development"); and WHEREAS, PAC of Collier, Inc. proposes to expand and develop the Shopping Center Parcel by combining it with Fire District Parcel A, as a commercial planned unit development (the "Proposed Development B "); and WHEREAS, Developer has filed an application with the County to amend the County Growth Management Plan for the Golden Gate Area Master Plan (the "GMP") to add the Proposed Development parcels to the GMP's existing Randall Boulevard Commercial Subdistrict which presently consists of only the Urika Parcel and the Shopping Center Parcel; and WHEREAS, the Developer will also be filing an application with the County to rezone the Proposed Development parcels from their current zoning classification of Estates to Commercial Planned Unit Development; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Proposed Development concurrent with when the impacts of the Proposed Development occur on the public facilities, and specifically to insure that transportation facilities needed to serve this Proposed Development shall be in place or under actual construction within three (3) years after the County approves a building permit or its functional equivalent that results in traffic generation; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and 3 of 13 8/1 7/09 Version WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10,00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, County Transportation Division Commitments: 2. The Developer will dedicate 80 feet of right away (50 ft within the existing utility easement + 30 ft additional) along the entire Randall Blvd frontage of the property. Total acreage.:t 6.06 acres. 3. The Developer will acquire from the Fire District the Fire District Parcel B thru an exchange of the Swap Parcel, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the ,64 acre difference between the parcels, Then the Developer will exchange the:t5 acre Fire District Parcel B with the County owned 5.64 acre County Parcel, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the ,64 acre difference between the parcels. Finally, the Developer will purchase, for cash, based on tax 4 of 13 8/17/09 Version assessed values at the time of the execution of this Agreement, the Fire District Parcel B, and then donate it to the County to provide for water management from the widened roadway and the Proposed Development. The Developer shall construct the water management improvements to a size sufficient to accept and treat _ CFS of water management from the Proposed Development in addition to roadway. All materials excavated from Fire District Parcel B are the property of the Developer for use as fill on the Proposed Development site. 4, The Developer will provide for a local access route thru the Proposed Development that will assist in accommodating traffic movements through the Urika Parcel and the Shopping Center Parcel. This will eliminate a likely financial obligation by the County to the owners of the Urika and Shopping Center Parcels, for the detrimental effect the Road Project would have on their local access in the absence of this agreement and construction of the Proposed Development, The design of these access points will be a joint effort between the County Transportation Department, their Road Project engineering consultant, the Developer and the owners of the Urika and Shopping Center Parcels, Developer shall grant Urika and PAC an easement for ingress and egress, and utilities. Total acreage = ::!: .5 acre. 5, The Developer, per the terms below, will agree to relocate the Forestry Service facility to the Swap Site - eliminating a financial obligation of the County to facilitate this forced relocation. 6. The Owners of the Urika and Shopping Center Parcels agree to provide local access roadways thru their existing sites, consistent with the County's drafted transportation designs that are jointly created with the County, 5 of 13 8/17 /09 Version 7. The County shall reserve capacity within its transportation system for 390,950 SF, 315,950 for retail and remaining 75,000 SF for office for the Proposed Development. The dedications and other improvements and contributions by the Developer satisfy all on-site and off-site mitigation and fair share requirements for the Proposed Development, including compensating rights-of-way for turn lanes. 8. Access to the Proposed Development, the Urika and Shopping Center Parcels will be master planned through the County and its consultant, with input from the Developer. 9. The costs of all traffic signalization shall be borne solely by the County, County Emergency Management Services Department Commitments, 10. The Developer has entered into an option purchase agreement with the owner of the Swap Parcel, a.:t 5,64 acre site on the SE corner of Randall Blvd and 8th St NE, parcel # 37801360006. Pending the approval of this Agreement, and pending the rezoning approval for the Proposed Development, the Developer will agree to exercise this option purchase agreement, and will then swap ownership of this parcel with the Fire District, in exchange for ownership of Fire District Parcel B, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the ,64 acre difference between the parcels. 11. In addition, the Developer agrees to provide at its sole cost and expense both financial and professional support up to a maximum of _ dollars for the preparation, design, entitlement and development of the Swap Parcel to receive relocation of the Forestry Service facility (see below for details), 6 of 13 8/17/09 Version 12, In addition, PAC agrees to provide at its sole cost and expense both financial and professional support up to a maximum of dollars for preparation, design, entitlement and development of the Swap Parcel to received the relocation of the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion (see below for details), 13. The Fire District agrees to lease to the Forestry Service the south half of the Swap Parcel. The term of the lease shall be for a period of 99 years and the lease payment shall be the same per year as currently exist between the Forestry Service and the County, or less if agreed to by the Fire District, County, and the Forestry Service, 14, The Developer agrees to relocate the existing Forestry Service facility to the Swap Parcel at Developer's sole cost. 15, In the event that the Planned Unit Development rezoning of the Proposed Project is not approved to include all of the uses and building square foot requested in Petition CP-2008- 2, Developer may terminate this Agreement and if so terminated all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement. Big Corkscrew Island Fire District Commitments 16. PAC agrees to acquire the existing Fire District Parcel A with an address of 13240 Immokalee Rd, parcel # 37744080003, for the tax assessed value of the land only, PAC shall lease back to the Fire District the District's existing administration building located on the back portion of Fire District Parcel A. Said lease shall be for a period of _ years at a cost of dollars ($_.00) per year. The Fire District shall at its sole cost and expense maintain 7 of 13 8/17 /09 Version and insure the administration building and the portion of Fire District Parcel A leased to the Fire District. 17. It is anticipated that the Fire District will then swap the ::!:5 acre Fire District Parcel B with the Swap Parcel. The .64 acre difference in the two parcels will be accommodate for by the exchange of cash in equal value to the .64 acres based on assessed value as of the date of this Agreement. 18. PAC agrees to provide both financial and professional support for the preparation, design, entitlement, and development of the Swap Parcel to receive the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion, 19. The Developer and PAC agree to work directly with the Fire District, the County and the Forestry Service to design the site plan for the Swap Parcel. 20. The Developer agrees to design and construct water/sewer lines to the eastern edge of the Proposed Development to make service available to the Swap Parcel. General Provisions 21. The construction of private and public infrastructure improvements, and relocation of the Forestry Service facility and the Fire Station facility shall occur in the following sequence prior to commencement of construction of the Road Project: A. Developer at its sole cost and expense shall obtain permits and construct parking and on-site water management areas and building pads for the relocation of the Forestry Service facility and the Fire District facility on the Swap Parcel; 8 of 13 8/1 7/09 Version B. Developer shall relocate the Forestry Service facility to the Swap Parcel, and PAC will relocate the Fire District facility to the Swap Parcel, with both facilities relocated and fully operational, and with the completion of site grading, construction of the parking areas and building pads, no later than sixty (60) days prior to the planned commencement of any construction on the Randall Boulevard widening, C. Developer shall take no more than five (5) business days to relocate the Forestry Service facility so that operation of the facility can resume thereafter; however if relocation of the Forestry Service facility takes longer than five (5) days, Developer shall provide temporarily an operating facility acceptable to the County and Forestry Service until the facility has been relocated. D. PAC shall take no more than ten (10) business days to relocate the Fire District facility so that operation of the facility can resume thereafter; however if relocation of the Fire District facility takes longer than ten (10) days, PAC shall provide temporarily a facility acceptable to the County and Fire District until the facility has been relocated. E. The County shall obtain permits at its sole cost and expense for the water management facilities to be located on the Fire District Parcel B and Developer at its sole cost and expense shall excavate and construct the on-site water management facilities on Fire District Parcel B. F. Urika shall obtain permits, construct and maintain at its sole cost and expense, a sixty (60) foot wide private local access road open to the public and water 9 of 13 8/17 /09 Version management facilities, The local access road shall be constructed in the approximate location depicted in Exhibit _' The water management on the Urika Parcel shall be designed and construed: to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to the Fire District Parcel B. Urika shall grant easements for ingress and egress, utilities, and water management to Developer and County and PAC in compliance with the terms of the immediately preceding sentence. G, PAC shall obtain permits, construct and maintain at its sole cost and expense, a sixty (60) foot wide private local access road open to the public and water management facilities, The local access road shall be constructed in the approximate location depicted in Exhibit _. The water management on the PAC Parcel shall be designed and constructed: to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to the Fire District Parcel B. PAC shall grant easements for ingress and egress, utilities, and water management to Developer and County and Urika in compliance with the terms of the immediately preceding sentence. 22. The burdens of this Agreement (including the option to purchase), shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Property Swaps. 10 of 13 8/17/09 Version 23, Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions, 24, In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 25, All parties shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. County shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. 26, This Agreement shall be governed by and construed under the laws of the State of Florida, The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure, Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 11 of13 8/17 /09 Version IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatkow, County Attorney 12 of 13 8/17/09 Version SCHEDULE OF EXHIBITS 591713 v_09 \ 120154,0001 13 of 13 ~ " in ~ ~ ~ ~ " I~ w s: CD (fl ~ i .:; "fi._""_"'....wo:1' o -0 . 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CD """- c.nN ...0 o 00 o o s: to - z m c \1 -.'1 (j i -< I 0 r- m -- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C c:;otft;-y C:;OU-nt:.y ..... ~I:::. - ~ STAFF REPORT COlliER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19,2009 RE: PETITION CP-200S-3, GOLDEN GATE PARKWAY MIXED USE SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Leslie Persia, Senior Planner AGENTI APPLICANT: Agent: Robert Mulhere, AICP RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 Applicants: Rick Evanchyk Goodwill Industries of Southwest Florida 4940 Bayline Road North Fort Myers, FL 33917 Scott Jones Naples Christian Academy Association, Inc. 3161 Santa Barbara Boulevard Naples, FL 34116 Owners: Goodwill Industries of Southwest Florida 4940 Bayline Road North Fort Myers, FL 33917 Naples Christian Academy Association, Inc. 3161 Santa Barbara Boulevard Naples, FL 34116 GEOGRAPHIC LOCATION: The subject site is located at the southwest corner of Golden Gate Parkway and Santa Barbara Boulevard, within the Golden Gate Planning Community in Section 29, Township 49 South, Range 26 East, Collier County Florida, The site is 20.71:t acres, with 17,16:t acres of -1- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C developable land remaining, and includes the Naples Christian Academy and a church, (See aerial and zoning maps below.) , ~I ... "' :r: ~ E ,..._----,_._~--- RMF,6 ~N GATE: PK V "OJ "U N di "'[ ~ ~:!. Cl" a::' ... z ~I] ;1 ::ti m; :;:l, I.l'II ~ ' ;: oil III ~i :r: ... o '" 31 ST PL N A cu, ru NOTE: Over the years, the site and developable acreages ot the subject site have diminished due to conveyances, as well as right-ot-way easement takings. REQUESTED ACTION: The applicant seeks to amend the Golden Gate Area Master Plan (GGAMP) and Golden Gate Area Master Plan Future Land Use Map and Map Series by: 1, Amending Policy 1,1.2 to create the Golden Gate Parkway Mixed-Use Subdistrict within the Estates-Mixed Use District; 2. Amending Policy 5.2,3 to allow the subject request - the creation ot the Golden Gate Parkway Mixed-Use Subdistrict - along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard; 3, Amending the Estates - Mixed Use District to add the proposed Subdistrict; and 4. Amending the Future Land Use Map to add this new Subdistrict, and creating a new Future Land Use Map series map depicting this new Subdistrict. The petitioner's proposed text changes, shown in strike-through/underline format, are as follows: (Words underlined are added, words struck through are deleted; row of asterisks [***] denotes break in text.) Policy 1.1.2: The Estates Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES - MIXED USE DISTRICT 1 . Residential Estates Subdistrict 2, Neighborhood Center Subdistrict 3, Conditional Uses Subdistrict 4. Golden Gate Parkway Institutional Subdistrict -2- CP-200S-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C 5) Golden Gate Parkway Mixed Use Subdistrict [new text, page 4] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Policy 5.2.3: [new text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard, No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above- defined segment. This policy shall not apply to that existing portion of the Golden Gate Estates Commercial lnfill District, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. and also shall not applv to the Golden Gate Parkwav Mixed Use Subdistrict. which is located on the southwest corner of the intersection of Golden Gate Parkwav and Santa Barbara Boulevard, *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. Urban-Mixed Use District 1. Urban Residential Subdistrict DENSITY RATING SYSTEM: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** b. DENSITY BONUSES - Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code, The following densities per gross acre may be added to the base density. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** iii. Affordable-workforce Housing Bonus [new text, page 18] As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420,9071, F.S, To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, and within the Golden Gate Parkway Mixed Use Subdistrict of the Estates Desianation. a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance #04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County, *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 2. ESTATES DESIGNATION [new text, page 26] This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses, Typical lots are 2,25 acres in size. However, there are some legal non-conforming lots as small as 1,14 acres, Residential density is limited to a maximum of one unit per 2,25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. except as provided for in the Golden Gate Parkwav Mixed Use Subdistrict. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts except the Golden Gate Parkwav Mixed Use Subdistrict. Generally, the Estates Designation also accommodates future non-residential uses, inctuding: -3- ~-._,_._.~.._ "P" r__"...._'_._v".",."".,,"""~' CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C · Conditional uses and essential services as defined in the Land Development Code, except as prohibited in the Neighborhood Center Subdistrict. Also, refer to the Conditional Uses Subdistrict. · Parks, open space and recreational uses. · Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance No. 04-41, adopted June 22, 2004, effective October 18, 2004) and consistent with locational requirements in Florida Statutes (Chapter 419.001 F.S,). · Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. · Land uses permitted in the Golden Gate Parkway Mixed Use Subdistrict. [new text, page 26] *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. Estates - Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 5, Golden Gate Parkway Mixed Use Subdistrict [new text, page 33] The Golden Gate Parkway Mixed Use Subdistrict is approximatelv 20.71 acres and is located in the southwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard, The Golden Gate Parkway Mixed Use Subdistrict has been desiqnated on the Golden Gate Area Future Land Use Map. See also the Golden Gate Parkway Mixed Use Subdistrict Map. The purpose of this Subdistrict is to allow for commercial and residential uses in recoqnition of the unique characteristics of the surroundinq area, The development standards contained in this Subdistrict are desiqned to ensure that uses within the Subdistrict will be compatible with nearby residential development, in addition to servinq the commercial needs of the surroundinq area and intersection. The intent of the Golden Gate Parkway Mixed Use Subdistrict is to allow for a mix of both retail and office uses to provide for shoppinq and personal services for the surroundinq residential areas within a convenient travel distance. Residential multHamilv land uses are permitted within this Subdistrict at a density provided for in 5A below, with an opportunity for hiqher density throuqh the provision of affordable housinq. Senior housinq, includinq, but not limited to assisted Iivinq, nursinq homes and qroup care units are not excluded from development in this Subdistrict. · This Subdistrict also provides for a conversion of commercial intensity to residential density to allow desiqn flexibility in reqards to future market demand. A rezoninq is encouraqed to be in the form of a Mixed Use Planned Unit Development (MPUD), Requlations for water manaqement, uniform landscapinq, siqnaqe, screeninq and bufferinq will be included in the MPUD ordinance to ensure compatibility with nearby residential areas. The followinq criteria and standards shall requlate development within the Golden Gate Parkway Mixed Use Subdistrict: A) Residential Densitv · Residential Densitv shall be calculated from an acreaqe of 20.71 acres, and shall not exceed 3.55 dwellinq units per acre unless affordable-workforce housinq is provided in the proiect, and/or if residential dwellinq units are qenerated by reducinq the commercial intensity below 100,000 square feet usinq the conversion ratio set forth in 5,B) below. -4- CP-200S-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C . A maximum of UP to 8 residential units per gross acre may be added to the base density in accordance with the Affordable-Workforce Housina Density Bonus provision in the Density Ratina System. . In no case shall the maximum permitted density exceed 12 residential dwellina units per cross acre. B) Limitation of Permitted Commercial Uses . Commercial uses shall be limited to 100,000 sauare feet of gross leasable floor area. In no instance shall the commercial component of this Subdistrict be reduced below 22.000 sauare feet. . Permitted commercial land uses shall be limited to those permitted and conditional uses set forth in the C-1, C-2, or C-3 Zonina Districts of the Collier County Land Development Code. Ordinance Number 04-41. as amended. . A conversion of commercial intensity to residential density may occur at a ratio of 450 square feet of commercial intensity eaualinq 1 residential dwelline unit. . Senior housina. includina but not limited to assisted livina. nursing care. and group care units may have a qreater floor area ratio than 0.45. but shall not exceed 0.60, No portion of the floor area of any proposed senior housinq land use shall be deducted from the commercial land use intensity of the Subdistrict. Each senior housinq unit (rooms, not beds) shall equate to % of a residential dwellinq unit. and there shall be no more than 240 senior housina units permitted, C) Development Standards . Land uses abuttinq Estates zoned properties shall have a minimum setback of 25 feet plus one foot of setback for each one foot of buildina height. Where feasible. existinq native veaetation shall be retained within this setback area. consistent with the GMP and LDC standards. Water retention/detention areas shall be allowed in this setback area provided that the area is left in a natural state, and drainaae conveyance throuah the setback area shall be allowed. in order for stormwater to reach an external outfall. . Shared parkina shall be required with adioinina developments wherever practicable. . Driveways and curb cuts shall be consolidated with adioininq developments. wherever practicable, . Buildine heiqhts shall be limited to two (2) stoN. with a maximum zoned heiqht of forty-five (45) feet. . Commercial uses shall encourage pedestrian traffic through placement of sidewalks. pedestrian walkways. and marked crosswalks within parking areas. Adiacent proiects shall coordinate placement of sidewalks so that a continuous pathway through the Subdistrict is created, . All commercial buildinas within the Subdistrict shall utilize a common architectural theme, *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Golden Gate Parkway Institutional Subdistrict Golden Gate Parkway Mixed Use Subdistrict -5- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C PROJECT DESCRIPTION: The applicant is requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Estates-Mixed Use District, Golden Gate Parkway Mixed-Use Subdistrict. The proposed subdistrict allows for 100,000 square feet of commercial uses similar to C-1 through C-3 zoning districts and 74 residential multi-family dwelling units at the rate of 3.55 DUlA with provisions for affordable housing for a maximum dwelling unit density of 12 DUlA. The proposed amendment includes a conversion ratio for unbuilt commercial to multi-family dwelling units at the rate of 450 square feet of commercial to 1 multi-family dwelling unit, with a minimum of 22,000 square feet of commercial. In addition to the commercial square footage, the proposed amendment also provides for senior housing at the rate of a maximum FAR of 0,60 with each senior housing unit equating to % of a residential dwelling unit. This equates to a maximum of 60 residential dwelling units. The subject site, located on the southwest corner of Golden Gate Parkway and Santa Barbara Boulevard, includes the Naples Christian Academy and a church, and consists of 20.71:1: acres with 17.16:1: acres of developable land remaining. The development scenarios for the proposed amendment are summarized in the following table utilizing the maximum and minimum commercial square footage, as well as the maximum possible affordable housing. The following scenarios do not include senior housing, which is proposed at a rate of 1 senior unit equal to % residential dwelling unit. · Scenario 1 - Commercial 100,000 ft2 and Base Residential of 3,55 DUlAC (74 dwelling units), Affordable housing maximum of 8 DUlAC (166 dwelling units) for a Scenario 1 maximum of 11,55 DUlAC or 239 dwelling units. · Scenario 2 - Commercial 22,000 ff and 11.93 DUlAC (Base plus Conversion Residential) or 247 dwelling units, Affordable housing maximum of 8 DUlAC (166 dwelling units) for a Scenario 2 maximum of 12 DUlAC or 249 dwelling units, due to the cap of 12 DUlAC in the Subdistrict text. Table 1 - Proposed Development Scenarios*, 20.71:1: acres *Scenarios do not include Senior Housing, +Sum may not equal components due to rounding, #Subdistrict caps density at 12 DUlAC. The proposed amendment also includes development standards for the site, in general the following: · Rezoning as a MPUD; · Minimum setback of 25 feet plus one foot of setback for each foot of building height; · Existing native vegetation shall be retained within the setback area, where feasible; · Water retentionldetention areas shall be allowed in the setback area with stipulations; -6- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C . Shared parking; . Driveways and curb cuts consolidated with adjoining developments; . Building height limited to two story buildings {maximum zoned height of 45 feet; . Encouragement of pedestrian traffic; . Common architectural theme for commercial buildings. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE MAP DESIGNATION: Subiect Site: The subject site consists of three parcels in Unit 30, Golden Gates Estates, comprising approximately 20,71::1: acres, with 17,16::1: acres of development land remaining, The subject site is currently zoned E, Estates, with two Provisional Uses allowing a church (PU-82-23-C, Res. 82-190) and a school (PU-78-3-C, Res. 78-62), and designated as Estates - Mixed Use District, Residential Estates Subdistrict on the GGAMP Future Land Use Map, . The church site occupies the generally northern two parcels; Tract 113 and the North 150' of Tract 114, less and except portions conveyed, In addition, a Corridor Management Overlay (CMO) exists at a 330' offset from the northern right-of-way line, along Golden Gate Parkway. The church site is approximately 8,2::1: acres and currently occupied by Naples Church of Christ. . The school site occupies the generally southern one parcel; the south 180' of Tract 114, Tract 115, and the north 150' of Tract 116, The school site is approximately 12,5:t acres and currently occupied by Naples Christian Academy, Surroundina Lands: North: Golden Gate Parkway, a 6-lane divided arterial road then, Vacant land, zoned Commercial Planned Unit Development (CPUD) - Colonades at Santa Barbara, designated Estates - Commercial District, Golden Gate Estates Commercial Infill Subdistrict. Both the designation and zoning allow 35,000 ft2 of office development. Further north and to the northwest, single family residential, zoned E, Estates, designated Estates - Mixed Use District, Residential Estates Subdistrict. South: Single family residential, zoned E, Estates, designated Estates - Mixed Use District, Residential Estates Subdistrict East: Santa Barbara Blvd, a 6-lane divided arterial road, then (Urban core) To the northeast, Santa Barbara Square shopping center, zoned C-4, General Commercial District, designated Urban - Mixed Use District, Urban Residential Subdistrict. Vacant, zoned Planned Unit Development (PUD) - Parkway Center (sunsetted), designated Urban - Commercial District, Golden Gate Parkway Professional Office Commercial Subdistrict. Developed residential, duplex, zoned RMF-12, Residential Multi-Family-12 District, designated Urban - Mixed Use District, Urban Residential Subdistrict, then; Developed -7- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C residential, duplex, zoned RMF-6, Residential Multi-Family-6 District, designated Urban - Mixed Use District, Urban Residential Subdistrict. David Lawrence Center Child's Path Preschool, zoned RMF-12, Residential Multi-Family-12 District, with a provisional use (PU-87-29-G), designated Urban - Mixed Use District, Urban Residential Subdistrict West: Single family residential, zoned E, Estates, designated Estates - Mixed Use District, Residential Estates Subdistrict STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP, Backaround and Considerations: Please be advised that this amendment will be subject to the requirements of Policy 5,1,1 of the Golden Gate Area Master Plan. Policy 5.1,1 provides lighting standards for the prevention or reduction of light pollution. GGAMP - Present Commercial development is limited to Neighborhood Centers, site-specific commercial subdistricts, and existing commercially zoned properties. Conditional use development, except essential services and model homes, is limited to Estates Neighborhood Centers, infill development on the west side of C,R. 951, and transitional areas - adjacent to certain non-residential uses or adjacent to Neighborhood Centers, and two site-specific locations - one on the west side of C,R. 951 and one on the south side of Golden Gate Parkway. 1-75 Interchange and surrounding land uses: Resulting from the State's approval to fund and construct the 1-75 Interchange at Golden Gate Parkway, the Board of County Commissioners (BCG) approved Resolution 2001-56 establishing an Ad Hoc Advisory Committee to provide recommendations on the appearance and landscaping of the interchange. The Committee was specifically tasked with creating an "overlay" district for the interchange to, minimize impacts to property owners, preserve the residential character of the area, and establish landscaping provisions consistent with creating a "gateway" into Naples and Golden Gate. GGAMP Re-study Committee - GGAMP Policy 5.2.3 and revisions to the Estates, Conditional Uses Subdistrict: The GGAMP Re-study Committee was formed, in part, to study the land use needs of the Golden Gate Community, such as commercial, community facility and institutional uses. County staff worked with the Committee to identify appropriate areas to locate new commercial development and conditional uses within the Estates and Golden Gate City. Committee recommendations to the BCC included added provisions for conditional use -8- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C development, expansion and creation of Neighborhood Centers within the Estates, and the expansion and creation of commercial/mixed-use subdistricts within Golden Gate City. The Re-study Committee also identified areas that were inappropriate for new commercial and conditional use development. One such area identified by the Committee was the Golden Gate Parkway corridor, between Livingston Road and Santa Barbara Boulevard. In 2003, the Re-study Committee met with "1-75/Golden Gate Parkway" Ad hoc Committee members to discuss desired land uses for the area surrounding the interchange. As a result, the Re-study Committee recommended to the BCC provisions that would prohibit new commercial and conditional use development along Golden Gate Parkway in the Estates. Committee recommendations for expanded commercial and conditional use opportunities and the restriction of these uses in certain areas governed by the Master Plan were adopted by the BCC in 2003 and 2004, as part of the Phased Re-study Amendments to the GGAMP. Therefore: The project is not consistent with the policies in the Comprehensive Plan that prohibit new commercial and conditional use development along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. Additionally, a commitment was made by the County to the Florida Department of Transportation in consideration of the approval and construction of the 1-75 Interchange to keep the Golden Gate Parkway corridor "green" and not allow the proliferation of commercial and conditional uses. Justification for proposed amendment, as provided by the applicant: Essentially the petitioner is stating the proposed amendment should be granted because: 1) the character of the area has changed due to future roadway expansion of Golden Gate Parkway and Santa Barbara Boulevard to 6-lanes; 2) the four quadrants surrounding the intersection are presently designated or developed with non-residential uses - low residential development is not compatible in and around the intersection; 3) directly east of the subject is high density residential; and 4) there is a demand for commercial at this location, 1) The roadways surrounding the subject project have recently been expanded (much completion during 2009); however, the impacts to Estates - Residential properties may be minimal given the size and depth of the residential tracts, existing buffering, and placement of structures. 2) The four quadrants at the intersection of the Golden Gate Parkway and Santa Barbara Boulevard are zoned or designated for non-residential development. The northeast quadrant is designated Urban; zoned C-4, general commercial; and is developed with a shopping center consisting of neighborhood commercial uses, The southeast quadrant is designated Urban - Golden Gate Parkway Professional Office Subdistrict, limited to office development, and is undeveloped. The southwest quadrant (the 20,71 acre subject site) is designated Estates; zoned E, Estates; and is developed with a church and private school with related facilities. The northeast quadrant is designated Estates Mixed Use District, Golden Gate Estates Commercial Infill Subdistrict; zoned CPUD, Commercial Planned Unit Development, allowing office uses only; and is undeveloped, -9- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Staff Comment: The designations and zoning at and around the intersection of Golden Gate Parkway and Santa Barbara Boulevard simply identifies existing approvals and future development patterns, which are predominantly low intensity uses/development. This acknowledgement of non-residential uses at the intersection does not demonstrate the need to create the subject subdistrict or allow higher intensity development as proposed at the subject location. In addition, directly east of the subject site, across Santa Barbara Boulevard, exists RMF-12, urban residential, and is developed as duplex family, then RMF-6, urban residential, and is developed as single family residential. In addition, the David Lawrence Center Child's Path Preschool exists on Santa Barbara Boulevard. 3} Directly east of the subject site is Santa Barbara Boulevard then the high density residential, therefore the proposed subdistrict is compatible, Staff Comment: The area east of the subject site is part of the urban core of Golden Gate City. This area provides for a dense urban development with a wide range of uses in order to serve both this urban area and the surrounding Estates zoned semi-rural area. The urban core is compact and has a clearly defined boundary with low density development surrounding it. In addition, a residential density band includes the majority of the urban core, with part of this density band directly east of the subject site. 4} Commercial Demand Analysis: The commercial data and analysis submitted by the petitioner in support of the proposed amendment was prepared by Fishkind & Associates, Inc. on April 24, 2008, revised and updated on 4-17-09. Two studies were provided: Office and retail. Each study utilizes a different primary trade area due the nature of the land use type, Table 2 - Florida Department of Revenue (DOR) Land Use Codes CODE i DESCRIPTION 10 Vacant commercial ._.n... '_"h_.... ..__._ _.__..__,,".~'. .. '_~""_. 11 i Stores, one story 12 ! Mixed use - store and office or store and residential or residential combination 13,_L~e.P~r:t:rnent stores 14 [Supermarkets 15 : Regional Shopping Centers 16 Community Shopping Centers 17 Office non-professional services buildings, 18 Office buildings, non-professional services buildings, 2-story 19 Professional services buildings 21 Restaurants, cafeterias 22 Drive-in restaurants 23 Financial institutions (banks, savings and loan, mortgage companies, credit services) 24 Insurance company office 26 Service stations 27 Auto sales, auto repair and storage, auto service, body and fender shops, etc. _'...'....."..."..""...........__u.,...___..,..._,.,_ 29 Wholesale outlets, produce houses, manufacturing outlets -10- CP-200S-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C .,_"_~2-__.._tF.~2E!~~~E~7~h2~~~~__,_",, ,.""" "----,-,---""",,,-,-, "",--------,,--,----,-,'.',- "".'---,---,-"---,,,,-- _,.?~__" L~,.!\f7~!~t~_~~~~~s/2P~~,_S!~~i ~,~,~,_."._""'__ ______ 'M" ,___, _3f,'_"_,_L~I1FIP._~~2.!,~~,?~7~~,,,~l}E!2~~.2,..,~NP-!!p.,.~u.~~_ ."" 33 I Nightclubs, cocktail lounges, bars ~'-~~4~_,,-,~I__~e~'I6~iri~y~t~~~~_ti~~~~i2~~'.__P92(E~1~~'~~Dc.12~~2-~~~~as 36 i Camps ".. "__?:L~.,,.J~:~~~~~~~s.~~ '~.~?!~~'._~~t?~,2_C~9~,_,____"_"_,_"__".".___'" .,_".' ""__.",___._.,_"",,__,,, ""_________.,.'..',."",___,,.,.___,__,___,.'__.,__,__ Office StudY Staff Office Analysis: The 20-minute drive time trade area extends into Lee County, which is not included in either analysis, and into the City of Naples, For consistency with the Collier Interactive Growth Model (CIGM), Office and Services OOR Codes were used for staff's analysis (OOR: 17-19,23-25,31,32, 34, 36, 37). OOR Code 39 (hotels/motels) was not included since only C-1 thru C-3 commercial districts were requested and hotels/motels is not allowed in these districts, These differ from those used by the applicant. Utilizing the CIGM Office and Services OOR codes, staff's analysis of the Property Appraiser's records indicates the trade area contains approximately 365 parcels (almost 525 acres) with almost 6.5-million fe of constructed office space and approximately 440 vacant commercial (OOR Code 10) parcels totaling approximately 940 acres. The entire acreage of vacant commercial will not be used for office, therefore to provide some correlation to the applicant's data and methodology it is assumed that approximately 1/3 of vacant commercial or 313 acres will be used for office space. In addition, using the applicant's average office density of 8,532 ft2/ac, the potential future office space would translate to almost 2.7-million fe. However, following the applicant's methodology and utilizing staff's constructed commercial square feet to acreage ratio, the office density would be 12,380 fe/ac or a potential future retail space of over 3.9-million fe. Assuming the applicant's demand for office space in 2008 and 2030 is correct staff's analysis allocation ratios are 1.43 for 2008 and 1.01 for 2030. In other words, the ratios indicate currently the supply is approximately 1,5-times the demand and in 2030 it would be nearly equal to the demand, Applicant Office Analysis, Summary . The Office Study utilizes a 20-minute drive time primary trade area since the demand for office space is driven by employment and the trade area represents a reasonable commute time, as stated in the study. Analysis utilized Collier Property Appraiser data (OOR Codes: 17, 18, 19, and 23) to determine the existing supply of office space within the 20-minute trade area and the Future Land Use Element of the GMP and the GGAMP were utilized to estimate implicitly allocated office space, Office Study Table 2.1,1 indicates the existing commercial - office acreage and constructed space is approximately 561 acres and nearly 4.7-million fe, respectively. Office Study Table 2.2.2, Land Use Categories with Specific Allocation, indicates an allocation of more than 725,000 fe of office space and Table 2.2,5, Office -11- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Space Holding Capacity, indicates an allocation of more than 4,7-million fe of office space for the remainder of the land use designations, · The Office Study summary indicates that the trade area has over 10.8-million fe of existing, defined, and estimated office allocation. Office Study Table 4,1.1, Office Need in Project's Market, outlines the need for office space. Summarizing, the data provided indicates by 2030 the demand for office space will nearly equal the current allocated and existing supply, Staff Comments Regarding Applicant's Office Analysis: Several concerns with the Office Study exist beginning with the trade area constructed and allocated office space total of over 10,8-million ft2. Since this total sums the constructed per the Property Appraiser and allocated/estimated per the FLUM and GGAMP, inclusion of the same acreage multiple times will distort the results, Therefore, the office study should provide a correlation of the constructed with FLUM and GGAMP allocated office space, In addition, several inconsistencies with the study exist: 1) Some developed parcels have been included in both constructed office space and allocated office space and some included more than twice; 2) For Office Study Table 2.2.5, the total acreage for the "Redevelopment" and "Traditional" parcels exceeds the provided data by approximately 560 acres and 22 acres, respectively; based on the provided data, approximately 200 parcels were included in the total more than once, some as many as 14 times; and, 3) It appears that the market analysis does not take into account a large portion of parcels defined as OOR Code 10, Vacant Commercial. Table 3 - Office Trade Area Summary Constructed Acreage Sq Feet Vacant Acreage Sq Feet Demand 2008 2010 Applicant Data (DOR: 17, 18, 19, and 23) Staff Data (DOR: 17-19, 23-25, 31, 32, 34, 36, 37) S61 4.7-million 628* S.4-million* 1.S LOS S2S 6.S-million 313 3.9-million 1.43 1.01 *The applicant provided calculated Vacant Acreage and Sq Feet. The Acreage appears to have included an additional 580 acres, which implies the Sq Feet is incorrect by the same percentage. In summary, the discrepancies within the market analysis are as follows: 1) duplication of parcels; 2) excess acreage in Table 2,2.5 (over 580 acres); and, 3) not including vacant commercial parcels - cannot ensure that the applicant's information provides an accurate picture of existing office space, nor of future needs, Retail StudY Staff Retail Analysis: The retail market analysis uses the 2008 AUIR population projections 1 to determine number of households. The analysis indicates a Retail Trade Area population and dwelling unit increase by 2030 of approximately 1 Population projections based upon BEBR (Bureau of Economic and Business Research) Medium Range growth rates. -12- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C 12.5% and 19%, respectively, as determined by the consultant's methodology. Staff's population projections used the draft 2009 AUIR projections1 and determined that the 2030 projected population for the trade area would be approximately 62,000 or 10% less than the 2008 AUIR population projections 1 of almost 69,000. Given that the retail trade area encompasses a fairly developed area of the County, it is unclear as to the accuracy of the 19% increase of dwelling units and has not been verified. The 10-minute drive time trade area is completely within the Office trade area and extends slightly into the City of Naples, For consistency with the Collier Interactive Growth Model (CIGM), Retail Trade DOR Codes were used for staff's analysis (DOR: 11-16,21,22,26,27,29,30,33), These differ from those used by the applicant. Utilizing the CIGM Retail Trade OOR codes, staff's analysis of the Property Appraiser's records indicates the trade area contains approximately 166 parcels (approximately 373 acres) with almost 2.9-million fe of constructed retail space and approximately 143 vacant commercial (DOR Code 10) parcels totaling approximately 350 acres, The entire acreage of vacant commercial will not be used for retail, therefore to provide some correlation to the applicant's data it is assumed that approximately 50% of vacant commercial or 175 acres will be used for retail space, In addition, using the applicant's average retail density of 4,527 felac, the potential future retail space would translate to almost 800-thousand fe. However, following the applicant's methodology and utilizing staff's constructed commercial square feet to acreage ratio, the retail density would be 7,634 ft2/ac or a potential future retail space of over 1,3-million fe. Assuming the applicant's demand for retail space in 2008 and 2030 is correct staff's analysis allocation ratios are 3.48 for 2008 and 2.48 for 2030. In other words, the ratios indicate currently the supply is nearly 3.5-times the demand and in 2030 it would be nearly 2.5-times the demand, which indicates an extremely high supply of retail in the trade area, Applicant Retail Analysis, Summary · The retail market analysis uses the 2008 AUIR population projections to determine number of households. The analysis indicates a Retail Trade Area population and dwelling unit increase by 2030 of approximately 12,5% and 19%, respectively, as determined by the consultant's methodology, In other words, the Retail Trade Area 2030 projected population and dwelling units would be 68,714 people and 24,661 units, respectively, · The Retail Study utilizes a 10-minute drive time primary trade area (fully contained within the Office Study trade area) since a portion of spending was allocated as community center expenditures, in addition to neighborhood center expenditures, Analysis utilized Collier Property Appraiser data (DOR Codes: 11, 12, 16, 21, 22, 26, 27, 30-37) to determine the existing supply of retail space within the 10-minute trade area and the Future Land Use Element of the GMP and the GGAMP were utilized to estimate implicitly allocated retail space. Retail Study Table 2.1,1 indicates the existing commercial - retail acreage and constructed space is approximately 601 acres and over 2,7-million fe, respectively, Retail Study Table 2.2.2, Land Use Categories with Specific Allocation, indicates an allocation of nearly -13- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C 400,000 fe of retail space and Table 2,2.5, Retail Space Holding Capacity, indicates an allocation of more than 525,000 fe of retail space for the remainder of the land use designations. · The Retail Study summary indicates that the trade area has over 3.6-million fe of existing, defined, and estimated retail allocation. Summarizing from Retail Study Table 4.1,1, Retail Need in Project's Market, indicates that the trade area in 2008 has almost 3 times the needed commercial space and by 2030 a supply of double the needed commercial space will still exist. Therefore, NO need exists for retail space at the project location, Staff Comments Regarding Applicant's Retail Analysis: Several concerns with the Retail Study exist, beginning with the trade area constructed and allocated retail space total of over 3.6-million fe. The retail study does not provide a correlation of existing space with FLUM and GGAMP defined and estimated allocated retail space. Since this total sums the constructed commercial retail square feee and allocated/estimated per the FLUM and GGAMP, inclusion of the same acreage multiple times will distort the results. Therefore, the retail study should provide a correlation of the constructed with FLUM and GGAMP allocated office space. In addition, several inconsistencies with the study exist: 1) Some developed parcels have been included in both constructed retail space and allocated retail space and some included more than twice; 2) For Retail Study Table 2,1.1, the existing acreage exceeds the provided data by almost 400 acres; based on the provided data, approximately 30 parcels were included in the total more than once, some as many as 53 times; and, 3) It appears that the market analysis does not take into account a large portion of parcels defined as DOR Code 10, Vacant Commercial. Table 4 - Retail Trade Area Summary Constructed Acreage Sq Feet Vacant Acreage Sq Feet Demand 2008 2030 Applicant Data (DOR: 11, 12, 16, 21, 22, 26,27,30-37) Staff Data (DOR: 11-16, 21, 22, 26, 27, 29, 30, 33) 601* 2,7-million* 115* 525,000* 2,97 2.04 166 2,9-million 175 1.3-million 3.48 2.38 . It appears parcels were used multiple times when determining the Constructed Acreage and Sq Feet. The Acreage appears to have included an additional 400 acres, which implies the Sq Feet is incorrect by the same percentage. The applicant provided calculated Vacant Acreage and Sq Feet. The Acreage appears to have not included some vacant commercial (OOR 10) parcels, which implies the Sq Feet as well, In summary, these discrepancies are present within the market analysis: 1) duplication of parcels; 2) excess acreage in Table 2,1.1 (over 400 acres); and, 3) not including vacant commercial parcels - cannot ensure that the applicant's information provides an accurate picture of existing retail space, nor of future needs. 2 Square feet per Collier Property Appraiser records. -14- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Staff Additional Analysis Comments In addition to the discrepancies in the provided data, it should also be noted that reviewing both the Office and Retail analysis together yields that assumptions made for the percentage of acreage that would develop into office (approximately 33%) and retail (approximately 50%) space provide for additional unaccounted for acreage (17%), In other words, additional acres in the 20-minute office trade area and 10-minute retail trade area of 160 acres and 60 acres, respectively. In addition, given the overabundance of commercial retail space in the 10-minute trade area, indications are that a portion of this supply would be used for office space, Additional acreage, hence additional available square footage, is most likely available since staff did not analyze the FLUM and GGAMP designations to include allowed commercial development associated with the designations. NOTE: OaR Codes 20, 28, 35, 38 (airports, parking lots, tourist attractions/water management lakes, golf courses) were not included in staff's analysis, however, some parcels with a OaR Code of 35 were included in the applicant's analysis. Prior GMP Amendments in Vicinitv Table 5 - Prior GMP Amendments within Golden Gate Estates in Vicinity of CP-2008-3 NW corner of Golden Gate Parkway & Santa Barbara Blvd NW corner of Golden Gate Parkway & Santa Barbara Blvd NW corner of Golden Gate Parkway & Santa Barbara Blvd NE corner of Livingston Road & Golden Gate Parkway North side of Golden Gate Parkway between 1-75 and Santa Barbara Blvd. (site of existing David Lawrence Center and Parkway Church of God, and another 5-ac tract) Retail and office uses on most of the site; CUs on the western portion; t7 acres Retail and office uses on most ot the site; CUs on the western portion; :t7 acres Increase size to 18 acres; add retail uses, increase trom 35,000 ft2 to 115,000 ft2; add residential at 15 DUlAC; lessen setbacks and buffers, increase height 40,000 ft2 of commercial uses on 5,15 acres (originally submitted for C-2 uses) Denied Approved tor office use only and with stringent development standards. Denied Withdrawn (due to public opposition) Institutional uses on 16,3 acres Approved -15- _.~.,._:~,._"".._~.,,...".~,,_.,,,,._,,,..,,_,;:,_______~.,. '" '.....'"._<..."._,"'10""_..."',,".-;-" CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Environmental Impacts: Environmental Specialists with the Collier County Environmental Services reviewed the environmental assessment and provided the following comments: The environmental report prepared by Boylan Environmental Consultants, Inc and submitted with this petition, dated January 2008 and Revised March 2009, indicates the following: · The project site includes religious facilities; native habitats of pine flatwoods, cabbage palm, live oak, and other hardwoods with varying degrees of exotic infestation; and a concentration of Brazilian pepper. The soils mapped for the site are Pineda fine sand, limestone substratum, a hydric soil and Boca fine sand and urban land-Holopaw- Basinger complex, non-hydric soils, · The listed species survey conducted on site concluded that there were no listed species found utilizing the site, and there were signs of listed species, No observations or evidence of non-listed species were reported. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: · No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. · Staff has not verified the provided Florida Land Use, Cover, & Forms Classification System (FLUCFCS) mapping and does not approve it with this petition, Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan.) The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Plan (CCME) Section 6.1.1 (4), Twenty-five (25) percent of the native vegetation on site will be required to be preserved, At the current designation of Estates zoning with Provisional Use, native vegetation retention on site could be minimized to fifteen (15) percent. Historical and Archeological Impacts: The Florida Master Site File lists no previously recorded cultural resources in Section 29, Township 49 South, Range 26 East, Collier County, Florida, Additionally, the project location may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. Federal, state and local laws require formal environmental review for most projects. This search does not constitute such a review, However, the applicant provided the County's Historical and Archeological Probability Map, which indicated the closest site is south of the site, in Section 33, north of Interstate 75. Traffic CapacitvfTraffic Circulation Analvsis Impacts: Transportation Planning specialists with the Collier County Transportation Planning Department reviewed the impact statement and provided the following comments: Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5,1 of the Transportation Element of the Growth Management Plan. Santa Barbara Boulevard Impacts: The first concurrency link that would be impacted by this project is Link 77, Santa Barbara Boulevard between Golden Gate Parkway and Radio Road. The project would generate up -16- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C to 32 PM peak hour, peak direction trips on this link, which represents a 1,03% impact. This concurrency link reflects a remaining capacity of 1,373 trips in the adopted 2008 AUIR and is at Level of Service "B", No subsequent links of Santa Barbara Boulevard require analysis beyond the first impact. Golden Gate Parkway Impacts: The first concurrency link on Golden Gate Parkway that would be impacted by this project is Link 21, Golden Gate Parkway between 1-75 and Santa Barbara Boulevard, The project would generate up to 53 PM peak hour, peak direction trips on this link, which represents a 1.42% impact. This concurrency link reflects a remaining capacity of 1,507 trips in the adopted 2008 AUIR and is at Level of Service "C", Access Management Provisions/Restrictions: The first development order (i.e. SOP, Plat, SIP, etc) shall meet the site access conditions stated on page 12 of the Traffic Study, Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this petition, are summarized/analyzed below, The project is within the boundaries of the Florida Governmental Utility Authority (FGUA) Water and Sewer Service Area. FGUA has a potable water and sanitary sewer conveyance system that is proximate to the proposed Subdistrict. FGUA utilities connect to the Golden Gate Water Reclamation Facility located at 4931 32nd Avenue SW and a FGUA utility service availability letter has been provided as part of the GMP amendment package. Application materials provided indicates an average daily water demand of 0.10 gallons per day/square feet (GPO/ft2) for commercial and 185 GPO/Capita for residential, with 2 persons per unit. The average daily sewer demand provided is 0.10 gallons per day/square feet (GPO/ft2) for commercial and 120 GPO/Capita for residential. Application materials also provided impact data for solid waste facilities, community and regional parks, and emergency medical services, According to the 2008 AUIR, adopted level-of-service (LOS) standards are as follows: Solid Waste Oeposal Rate is calculated at 0.003 Tons Per ft2 for commercial and 0.64 Tons Per Capita for residential, Community Parks is ca~culated at 1.2 acres/1,000 in the unincorporated area, Regional Parks is calculated at 2,9 acres/countywide, and Emergency Services is calculated at 1 unit/16,400 population or O,000061/capita, Application materials provided public facilities impact analysis for two scenarios: . Scenario 1 - Commercial 100,000 fe and 74 Base Residential dwelling units, or 148 residents, · Scenario 2 - Commercial 22,000 fe and 247 Base Multi-Family Residential dwelling units (with commercial conversion), or 494 residents, Scenario 1: Application materials provided indicates impacts on commercial and residential potable water level-of-service (LOS) of 10,000 GPO and 27,380 GPO, respectively, as well as impacts on commercial and residential sewer LOS of 10,000 GPO for commercial and 17,760 GPO, respectively, In other words, Scenario 1 will have a net capacity increase of -17- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C 0.037 million gallons per day (MGD) on water and 0.028 GPD on sewer. Application materials provided indicates additional impacts on public facilities are as follows: Solid Waste Facilities at 300.0 tons for commercial and 94.7 tons for residential, Community Parks at 0,18, Regional Parks at 0.43, and Emergency Medical Services at 0.01, In other words, Scenario 1 will have a net increase on these additional public facilities at the following rates: Solid Waste Facilities at 395 tons, Community Parks at 0.18, Regional Parks at 0.43, and Emergency Medical Services at 0.0090. Scenario 2: Application materials provided indicates impacts on commercial and residential potable water LOS of 2,200 GPD and 91,390 GPD, respectively, as well as impacts on commercial and residential sewer LOS of 2,200 GPD for commercial and 59,280 GPD, respectively. In other words, Scenario 2 will have a net capacity increase of 0.094 MGD on water and 0.061 GPD on sewer. Application materials provided indicates additional impacts on public facilities are as follows: Solid Waste Facilities at 66,0 tons for commercial and 316,2 for residential, Community Parks at 0.18, Regional Parks at 0.43, and Emergency Medical Services at 0,03. In other words, Scenario 2 will have a net increase on these additional public facilities at the following rates: Solid Waste Facilities at 382 tons, Community Parks at 0.18, Regional Parks at 0.43, and Emergency Medical Services at 0.0301. In comparison, under the current zoning of E, Estates, the subject property could qualify for 1 DU/2.25 acres or 9,2 dwelling units, which is approximately 12% of Scenario 1 and approximately 3.7% of Scenario 2 of the proposed amendment. In other words, the proposed amendment is a considerable increase of dwelling units: Scenario 1 is approximately 8 times and Scenario 2 is approximately 27 times the current allowed dwelling units, The proposed amendment includes potential for additional dwelling units over and above the two scenarios reviewed with the affordable housing density bonus. In addition, senior housing could be provided at a rate of 1 senior unit to Y4 residential dwelling unit. However, senior housing does not replace any commercial square footage, Comparing the application's Scenario 1 and Scenario 2 for residential dwelling units (74 DU and 247 DU, respectively) to the base residential density of 9.2 dwelling units, would result in a significantly greater increase in potential potable water and sanitary sewer impacts, as well as to other public facilities. Therefore, the proposed land uses constitute increases in potential potable water and sanitary sewer impacts. NOTE: The above analysis and application data provided does not include potential increase of dwelling units from the affordable housing density bonus. Affordable housing does not replace residential criteria, but would be in addition to any scenario. Senior housing does not replace the commercial square footage. Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations and provided the following comment: No objection. Based on the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area. This development is within the FGUA Water and Sewer Service Area, Therefore, this project does not impact the CCWSD, -18- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Appropriateness of Chanae: For the last two decades, or longer, the Golden Gate Estates community has experienced rapid growth much like the Coastal Urban designated areas in Collier County. With increased population comes the need/demand to construct and expand roadways to move traffic, provide infrastructure to accommodate new residential units, and provide commercial, community facilities and institutional opportunities, etc. to serve the expanding population. Increasingly, Estates-designated properties located west of Collier Boulevard along collector and arterial roadways are being targeted for urban type development - higher densities, commercial services, community and institutional facilities, etc. In recent years, the County has experienced an influx in the number of Growth Management Plan Amendment requests to change the designation of properties from Estates Residential Subdistrict to site-specific commercial subdistricts. This 2007-2008 combined cycle includes six petitions for properties in the Estates; four request commercial uses, one requests institutional uses with a small amount of commercial, and this petition requests mixed commercial and residential. As the County continues to grow, local government must be responsive to the community's needs while balancing the undesired impacts caused by growth, As an example, the 1-75 Interchange at Golden Gate Parkway was, in part, approved and is being constructed to alleviate traffic congestion at other interchanges in the County, The resulting impacts from the approval - noise, increased traffic volumes, right-of-way acquisition, and potential commercialization of Golden Gate Parkway - was realized immediately by surrounding residents. Elected officials responded by establishing a committee to provide recommendations on the appearance and landscaping of the interchange with the intent of preserving the residential character of the area and minimizing impacts to property owners. Additionally, county staff worked with the community via the GGAMP Re-study Committee to recommend provisions be added to the Plan to prohibit the approval of any new commercial zoning and conditional uses along the Parkway between Livingston Road and Santa Barbara Boulevard, In 2004, the Board of County Commissioners approved these prohibitions. Although these prohibitive provisions exist in the GGAMP, staff acknowledges it would be appropriate to consider any changes in conditions that have occurred since 2004 that would warrant a modification of, or exception to, Policy 5,2.3, However, staff is unaware of any such changed conditions. At the time of adoption of these provisions, plans for the future 6-laning of Golden Gate Parkway, the future 6-laning of Santa Barbara Boulevard, and construction of the 1-75 interchange were all known, Minimally, data and analysis is used to determine appropriateness of change to the new use(s) requested and/or increased intensity or density, The data and analysis provided by the applicant did not include a residential analysis. 2008 Leaislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008, DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The petitioner has submitted the following: -19- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Applicant HB697 response: HB 697 sets forth seven means of addressing energy efficiency and the proposed Subdistrict implements these measures as follows: 1, Compact Mix of Land Uses; 2. Direct Development Towards Existing Communities; 3. PreseNe Open Space, Farmland, and Sensitive Environmental Areas; The proposed Subdistrict will implement the provisions of HB 697 in that it is using existing land within the Urban core, albeit an Estates Designation, to propose a mixed-use development opportunity that will provide for a compact mix of land uses. 4, Create Walkable Neighborhoods; The proposed Subdistrict's location at the intersection of two major roadways and the diversity of the surrounding commercial land uses and zoning allows future residents the opportunity to satisfy their daily convenience commercial needs within 1,4 mile and also provides for employment opportunities in the immediate area. With these convenience commercial land uses being located close-by, it allows for reduced dependence on automotive travel. 5, Provide a Variety of Transportation Choices; There are two Collier Area Transit bus routes (Route 3 and 6) that have stops at the intersection of Golden Gate Parkway and Santa Barbara Boulevard, and this further reduces dependence on automotive travel. 6, Provide a Range of Housing Opportunities and Choices; The proposed Subdistrict, in addition to providing for market rate housing, will also provide on-site housing for the Goodwill Industries continued operations that creates a desirable live-work opportunity. 7. Establish a Compact Building Design The land development regulations that will be contained in the rezoning petition documentation will provide for compact building design while protecting the Estates residences to the south and west of the proposed Subdistrict. Staff HB697 comments/analysis: Providing a mix of uses within walking distance for the site residents, a walkable neighborhood, variety of transportation choices, and compact building design in theory should embrace the spirit of the HB697. Other than noting the two bus route stops near the subject site, the applicant has not provided any data or amendment language to support the HB697 requirements or even the above responses. The applicant states that the Subdistrict is using existing land within the Urban core. However, the designated Urban core for this area, Golden Gate City, is adjacent to the subject site, which will not include the Subdistrict. If this subdistrict is approved it will actually contribute to urban sprawl, instead of using existing land as the applicant states. -20- CP-200S-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Proximity to a major roadway intersection does not necessarily "create a walkable neighborhood." The intersection the applicant refers to is that of two arterials, Golden Gate Parkway and Santa Barbara Boulevard, each six lanes wide with left and right turn lanes, Principles for a walkable community are "desirable places to live, work, learn, worship and play." Walkable communities locate within an easy and safe walk to goods and services that a community resident or employee needs on a regular basis. As equally important, if not more, "walkable communities make pedestrian activity possible, thus expanding transportation options, and creating a streetscape that better serves a range of users -- pedestrians, bicyclists, transit riders, and automobiles." Therefore to foster walkability, "communities must mix land uses and build compactly, AND ensure safe and invitina oedestrian corridors," In addition, Land Development Code (LDC) requires a wall to separate the development of the proposed amendment with the abutting Estates residential properties, This development requirement may "protect" the abutting properties from a non-compatible use, but can actually hinder walkability,3 Per the proposed amendment language, the range of housing choices is only multi-family and senior housing, with the option for affordable housing density bonus. Staff recognizes the benefit of onsite housing for Goodwill Industries continued operations, however this housing option is not assured in the proposed amendment language, Establishment of a Compact Building Design should help promote walkability, The applicant states that compact building design for the site will be handled during the rezoning. However, the proposed amendment package does not provide any documentation for support of a compact building design or guarantee of it during the rezoning process, In summary, the applicant has not provided much data or support information in the proposed amendment package or language that even embraces the spirit of HB697. A major concern of this petition is the promotion of urban sprawl, with the potential amount of commercial and/or residential, to be developed outside the urban core in an area zoned and developed for 1 DU/2.25 AC, Data was not provided that indicates that land is not available within the urban core for commercial expansion, as well as dense multi- family development. Many other issues for the site still exist in order to support HB697, in particular walkability to nearby commercial uses and the transit stops. Minimally, a streetscape should be created that better serves a range of users; for this staff would recommend pedestrian friendly improvements be made at the Golden Gate Parkway and Santa Barbara Boulevard intersection, Overall, to embrace HB 697 requirements, staff recommends that the applicant provide the recommended requirements within the amendment language and/or a developer's agreement with the amendment package. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The Neighborhood Information Meeting (NIM) was held on Thursday, 17 September, 2009 from 5:32 pm to 6:05 pm, after the applicanVagent duly noticed and advertised the meeting as required by the Collier County Land Development Code. Approximately 35 people attended the NIM at Golden Gate Community Center located at 4701 Golden Gate Parkway, Naples, FL 3 Walkable Community excerpts and information based on Smart Growth Online - Principles of Smart Growth, Create Walkable Neighborhoods, 20 Sept 2009, http://www.smartaroWlh,ora/about/principles/principles,asp?prin=4&res= 1280 -21- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C The applicants' agent, Dwight Nadeau, presented an overview of the proposed amendment assuring the attendees that they would have several opportunities to voice their concerns and/or opinions, that this was just the first hearing to transmit the proposed change to DCA. The agent's outline of the proposed amendment comprised noting the maximum commercial of 100,000 ff , residential at 3,55 DU/A, and that affordable housing will be allowed at a maximum of 8 DU/A. The agent also stated that the first public hearing would be held on 19 October 2009 and/or 20 October 2009 in front of the Collier County Planning Commission (CCPC), beginning at 8:00 am (staff correction: correct time is 8:30 am), Citizens' concerns/questions centered on the proposed amendment impacts to the adjacent sites as well as the community. In addition, the BCC had promised no significant changes along Golden Gate Parkway. These concerns were in direct response to the agent's continued stressing of the opportunities the proposed amendment would provide, while not addressing any impacts, such as more housing in an area that already had an abundance of multi-family housing. The agent stated that even though the proposed amendment included opportunity for affordable housing, are not seeking the bonus density. Site specific questions and concerns focused on location of development of site and ingress/egress to the site. The agent stated that no site plan has been developed at this point but tentatively the commercial would be located on the northern portion of the site, along Golden Gate Parkway, and the residential would be located on the southern portion. The agent's traffic consultant assured the citizens that Santa Barbara Blvd ingress/egress points would not change much from the current points, In addition, Golden Gate Parkway would have a right-in/right-out poi nt. Project particulars questions focused on type of residential (i.e. more high density multi-family, low-income housing), a single 100,000 ff building, and who would own the structures/development. The agent stated that it was not the intent to utilize the density bonus for residential, however conversion of commercial square footage to residential is an option, Many options for design of the site exist and as for final ownership, Goodwill Industries and NCA may retain ownership and lease space, or sell portions of the site to a developer. A question was raised as to the type of Goodwill Industries facility to be constructed and why the need for housing. Bill McDaniel, a Goodwill Industries board member, stated the facility would be a retail facility approximately 22,000 ff in size, similar to the facility on Daniels Parkway in Fort Myers, FL. Goodwill Industries number one client is the handicapped, therefore by providing onsite housing, the transportation barrier for the handicap has been eliminated. One attendee asked, the Golden Gate Area Master Plan has existed for a long time, it can just be overturned? The agent stated affirmative, the current process allows for proposing changes, [Synopsis prepared by Leslie Persia, Senior Planner] FINDINGS AND CONCLUSIONS: · The proposed subdistrict is inconsistent with Policy 5.2,3 of the GGAMP, which prohibits commercial development along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. · Additionally, a commitment was made by the County to the Florida Department of Transportation in consideration of the approval and construction of the 1-75 Interchange to -22- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C keep the Golden Gate Parkway corridor "green" and not allow the proliferation of commercial and conditional uses. . The application and support documentation for the proposed amendment does not address changed conditions that would justify or support an exception or change to the adopted Policy 5,2,3 in the GGAMP. . If this project is approved, adjacent sites would become eligible for conditional uses. . Despite the existence of Policy 5.2.3 in the GGAMP, it is important to note that the approval of this petition may provide the impetus for additional requests for commercial, either on abutting sites to the west, across Golden Gate Parkway adjacent to the northwest quadrant of the Golden Gate Parkway/Santa Barbara Boulevard intersection, or both, . As required by Rule 9J-5, F,A.C, the requisite data and analysis necessary to support the proposed change from Estates - Mixed Use District, Residential Estates Subdistrict to the requested mixed-use subdistrict, was not provided, The data provided indicated that no need exists for commercial - retail, but possibly a need for commercial - office. In addition, the data and analysis provided by the applicant did not include a residential needs analysis, population projections, dwelling unit inventory and projections, or other data and analysis were provided to support increase of residential density. . Major discrepancies exist within the two market analysis provided including 1) duplication of parcels; 2) duplication of parcels when determining certain acreage totals; and, 3) failure to include all vacant commercial parcels. The applicant's information does not provide an accurate picture of existing commercial space, nor of future needs. In addition to the discrepancies in the provided data, it should also be noted that reviewing both the Office and Retail analysis together yields that assumptions made for the percentage of acreage that would develop into office (approximately 33%) and retail (approximately 50%) space provide for additional unaccounted for acreage (17%), in other words additional acreage in the 20-minute office trade area and 10-minute retail trade area of 160 acres and 60 acres, respectively, . The commercial analysis submitted does not demonstrate the need for additional retail uses at this location, In fact, the study demonstrates that no additional retail is required even in 2030, when the supply of retail space will be double the demand. Even though the commercial analysis for office space demonstrates that approaching 2030 the supply of office space may almost equal the demand, given that the subject site is just outside the Urban Core a more appropriate location for office space is within the core and not within the low-density Estates designation, . It is asserted in the amendment application that the expansion of Golden Gate Parkway and Santa Barbara Boulevard to 6-lanes has changed the character of the existing residentially zoned site, making it unsuitable for single-family housing. However, the petition does not address the specific changes or impacts to the subject site, except to mention that traffic volumes are expected to increase on the adjacent roadways, Further, the current uses on the subject site, a church and school, have existed for over 25 years and after review of aerial photography submitted with the petition, suggested traffic impacts to the subject site are not obvious given the institutional uses of the site and the placement of structures on site, -23- 1ilIl~';_i1lll~WV1'~-.!r'.~" 1M' CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C · The proposed subdistrict mixed-use intensity/density of development is consistent with an urban style development and is an extreme departure from the low densities presently allowed in the Estates designation - one residential unit per 2 1.4 acres or legal lot of record, (If approved, this would be the first increase in density authorized in the Estates designation since adoption of GGAMP in 1991.) Either extreme, a maximum commercial of 100,000 fe with a base density of 3,55 DU/AC (74 units), to utilizing the commercial to residential conversion resulting in a minimum commercial of 22,000 fe and a maximum residential density of almost 12 DU/AC (247 units), is consistent with urban style development. In addition, the proposed subdistrict would also provide for a maximum of 240 senior housing units, No supporting data and analysis has been provided to demonstrate a need for the increased residential density or to demonstrate its appropriateness at this location, such as a compatibility study, which would identify the impacts of the proposed project on the surrounding area, · Staff acknowledges that the inclusion of on-site housing for the Goodwill Industries continued operations can help eliminate the transportation barrier for these employees, However, the proposed amendment does not guarantee these housing units, · For HB697 requirements, the applicant has not provided data supporting the generic statements, This petition promotes urban sprawl, with the urban style development outside the urban core, in an area zoned for 1 DU/2.25 AC. Other issues exist for the proposed site, in particular walkability to nearby commercial uses and the transit stops. Minimally a pedestrian friendly streetscape should be created to better serve a range of users; for this staff would recommend pedestrian friendly improvements be made at the Golden Gate Parkway and Santa Barbara Boulevard intersection. In summary, this is a clear representation of urban sprawl, increasing a defined Urban Core boundary to increase density/intensity of development without supporting data and analysis. · Using "proximity to urban development" as justification for increasing land use to a urban development contradicts smart growth and perpetuates urban sprawl when not supported by data and analysis, The area east of the subject site is the urban core, which provides for dense urban development with a wide range of uses in order to serve that urban area and the surrounding Estates zoned and designated semi-rural area. This compact urban core has a clearly defined boundary and includes a residential density band, · This petition is inconsistent with the GGAMP vision for commercial development in Golden Gate Estates, as well as for low (semi-rural) density residential development. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the County Attorney. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2008-3 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, IF the CCPC should choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict, mostly for proper format, use of code language, succinctness, and clarity. Inasmuch as this project proposes neighborhood commercial development, staff has proposed numerous standards from the Neighborhood Center Subdistrict in the GGAMP (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double ~tril~8 thr@IoI~R text is deleted, as proposed by staff.) -24- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C Policy 5.2.3: [new text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above- defined segment. This policy shall not apply to that existing portion of the Golden Gate Estates Commercial Infill District, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. and also shall not apply to the Golden Gate Parkway Mixed Use Subdistrict. which is located @R aJ the southwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard, *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** A. Urban-Mixed Use District 1. Urban Residential Subdistrict DENSITY RATING SYSTEM: *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** b. DENSITY BONUSES - Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. The following densities per gross acre may be added to the base density. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** iii. Affordable-workforce Housing Bonus [new text, page 18] As used in this density bonus provision, the term "affordable" shall be as defined in Chapter 420,9071, F,S, To encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, and within the Estates- Mixed Use District. Golden Gate Parkway Mixed Use Subdistrict of the Estates Designation. a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-workforce Housing Density Bonus Ordinance (Section 2.06,00 of the Land Development Code, Ordinance #04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150% of the median income for Collier County. *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 2. ESTATES DESIGNATION [new text, page 26] This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses, Typical lots are 2,25 acres in size, However, there are some legal non-conforming lots as small as 1.14 acres, Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. except as provided for in the Golden Gate Parkway Mixed Use Subdistrict. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts except the Golden Gate Parkway Mixed Use Subdistrict. Generally, the Estates Designation also accommodates future non-residential uses, including: -25- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C · Conditional uses and essential services as defined in the Land Development Code, except as prohibited in the Neighborhood Center Subdistrict. Also, refer to the Conditional Uses Subdistrict. · Parks, open space and recreational uses, · Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance No. 04-41, adopted June 22, 2004, effective October 18, 2004) and consistent with locational requirements in Florida Statutes (Chapter 419,001 F.S.). · Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible, - b..aRQ WGBG SliHI'Ritt8Q iR tR8 ~eIQ€lR ~at8 Parl{U'av ~1ilt€l€l UG8 iW88iGt~i8t. [new text, page 26] · Commercial uses as allowed in sDecific subdistricts. *** *** *** *** *1t1t *** *** *** *** *** *** *** *** *** *** *** *** *** *1t* *** *** *** *** *** *** *** A. Estates - Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** 5. Golden Gate Parkway Mixed Use Subdistrict (new text, page 33] HIe C81€!eR ~ate Park'::av Milte€! Use l!wl6€!iGtri8t iG aS8~8Xil'Ratel'l 29.:1 Beres ElR€I is 18Gate€! iR tlx18 S8Ia1tl:11/:8St 8e~Rer €If tlx1s iRte~se8tieR ef Gel€leR Gate Parhwa'/ aR€! ~aRta ~ar8ara I!lelallevemf. Tlx1s GelaeR Cat€l Parh'A'all Mim~g b1ee a!;l8Ei1ietriBt Iilae lSleeR €!eei8Rats€l eR tlile Qel€!eR Gate .^.fea Flaltlalr8 baR€! Uee Mas. ~ee alG8 tlile G81€18R Cate Parh'!JBV MiJ(e€l Use elall6€!ietriet ~qa8. Tlile 81;lirSeeS ef tRie ~1aI16Ei1ietriet is ts ailsV': fer eSI'RR'li!lreial BRa resi€lElRtiel !;IeEle iR feee~Fliti8F1 8f tlile l!lIFlia!;le ElRBreElterietiEl8 sf tRS ewrrewREiliFl~ ersa. Tl<le Eils',:S18SR'lElFit ~taR€!arg6 8eFltaiRs8 iR ttxlie illll8Ei1ietriet are gSeiaRea ts eRel!llfe tl<lat weee 'A'itliliR tRe el!ll8aietriet \':ill 8e eeFRsati81e 'Nitlil RElliU16y reeiseFltiel 8e\'elesR'leRt. iR aEil8itieR tEl eiHViR: tf;;Je 8eR'lFRliHeial ReeEile ef tl<le el!llrrel!llRaiR8 erea aREiI iRtElF8eetieR. Ttxle iRteRt ef tl<le CelEile Gate Parln':e'l MiJleg Lise ~1!lI8Ei1ietriet ie te alle\'1 fer a R'lix ef 8etl<l retail aRe e#iee l!lIeee t8 srEJl..'iEile fer el:leSSiRlijI aREiI sereeRal eePL'ieee fer tl:le el!llrrel!llREiliR8 reeiEileRtial areae 'A'itRilil a eeR':eRieRt travel eistaRee, fxleeiEileRtial R'll!lllti faR'lily laREiI I!lIsee are serR'litteiil witRiR tl<lie elol8aistriet at a EileReit\' sreviEilea fer iFl B.fl., 8ele'.'J. 'IJitR aR esseFtwRilo/ fer RisRer EileReit~ HUSlol8R tlile srevisi8R 8f a#erea8le R8Io1SiR8. ~eRier 1il8101eiR8. iR81weil=18, 8l!l1t Ril't IiI'Rite8 t fiHiisiste8 li':il=18, RIoIF'6iR8 R8r;ReS aR8 8rel!ll8 ear" l!lIRite are Ret e)(elw€!eEil frsl'R iilevelesr;ReRt iF! tlx1is ~1aI88ietri8t. - Tl;!is e~I6Ei1istriet alee sre':i€lee fer a EleR\'ereieR 8f EleR'lFRereial iRteRsitv te fesisel=1tial EileReity te aile\!.' Eileei8F1 fleJti8i1it': iR re8aras te Ml!lIre R'larhet EileR'laRQ. ,~. re.i!8l=1iRliI ie SF!e8I:H'.aJ~e€! ts isle iR tREI f8fFfl sf a MimJ8 Wse PieRRe€! WRit Qevele8r;ReRt (MPUg). r;;jelillollatieRe fer water R'laRalileFReRt, l!lIRiferR'l laR8eeBsiREl, eiElRalile. e8r~eRiRliI iiilREiI 81:dferiRliI 'IJill 8e iRElI~Eilea iR tl<lEl MPUQ erQiRaRee te 8ReWfe eeR'lSati8ilit': witl:l Rear8Y resia8Rtial areas, The Golden Gate Parkwav Mixed Use Subdistrict comDrises aODroximatelv 20,71 acres and is located at the southwest corner of the intersection of Golden Gate Parkwav and Santa Barbara Boulevard. The Duroose of this Subdistrict is to allow for a mix of commercial. residential and institutional uses. This Subdistrict is intended to allow for a mix of both retail and office uses so as to Drovide oDDortunities for shoDDina and Dersonal services for onsite residential develoDment as well as for the surroundina residential areas within a convenient travel -26- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C distance. The develooment standards contained in this Subdistrict are desianed to ensure that all develooment allowed within this Subdistrict will be comoatible with adiacent and nearby residential develooment Residential multi-familv land uses are allowed within this Subdistrict at a density set forth in oaramaoh a. below. Senior housina, includina, but not limited to assisted Iivina facilities. nursina homes and mouo care units. are also soecificallv allowed in this Subdistrict. The followina criteria and standards shall regulate development within the Golden Gate Parkway Mixed Use Subdistrict: A R8Si88Rtial QSl=1sit'/ - Rssi88Rtial QSR8it'/ sRall 88 8alsI.41ats8 fFem aR aereass ef :;l9.71 aliWilS, aR8 sRall R8t 8xe888 ~,ii 8'.V8I1iF!1iI I.4Rits leer aer8 I.4RI8SS a1f8r8a818 i.\'8rhf8r88 R81.4siRi is leF8Vi889 iR tR8 sr8i88t. aR8!8r if rliil8i88Rtial 8welliF!s I.4Rits ar8 S8R8fat88 8': Fe81.4eiRIiI tR8 88mmereial iRt8RSitl: 8818':: 199,999 8Ql.4aF€il fS8t I.4siRS tRe s8RveFsi8R Fatie set feRR iF! i.li) 8818W. - A FRa)(iFRl.4m 8f ws t8 i f8si8eFltiall.4Flits 8er liilfees aere may 8S a8888 t8 tRe 8a8e 88R8ity iR a88ef8aFl88 'NitR tRe P.1f8r8a8Ie \A(erl~8r88 1><l81.4siRlijI Q8Flsity 1!l8Fll.4S SFevi8i8R iR tR8 Q8F!sity RatiFlIiI evst8FR. - 11=1 R8 S888 sRall tlils FRa)dFRI.4FR sefmittes seRsiw e)(8seEl 1:d re8i8eRtial E1v:elliRIiI l;IRit8 leliH gre8S aeF8, a. Residential Densitv 1. Residential densitv shall be calculated on the total site acreaae of 20,71::l: acres, 2. The base residential density is 3.55 dwellina units oer acre (74 units), 3. A maximum of uo to 8 dwellina units oer moss acre (166 units) may be added to the base density in accordance with the Affordable-Workforce Housina Densitv Bonus orovision in the Densitv Ratina SYstem. 4. A maximum of 8,37 dwellina units oer moss acre (173 dwellina units) may be added to the base density via the conversion of commercial intensity orovision in oaramaoh b,3., below. 5. Base residential density shall be reduced if senior housina is constructed, as set forth in oaraaraoh b.4.. below. 6. The maximum allowed density is 12 dwellina units oer moss acre. 7. The minimum allowed density is 2.0 dwellina units oer moss acre (41 total dwellina units), 8. Onlv multi-familv dwellina units are allowed in this Subdistrict. 4i h) Limitation of PliHlXPlitte8 Commercial Uses 1, Commercial uses shall be limited to a maximum of 100,000 sauare feet of gross leasable floor area and a minimum of 22.000 sauare feet of moss leasable floor area. IA R8 iRsteRee sRell tRe 88mm8reial e8FR98ReRt 8f tRis al;l88istriet 6e F881.4888 8elew :;l~,999 sliIl;Iare feet. 2. PerFRi~es 8 c.ommercial land uses shall be limited to those permitted and conditional uses set forth in the C-1. C-2, or C-3 Zonina Districts of the Collier County Land Development Code, Ordinance ~JI.4Fl"l8er No. 04-41. as amended. exceot as orohibited in oaraaraoh d.. below. -27- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C 3. A conversion of commercial intensity to residential densitv is allowed ~a'/ e88e1r at a ratio of 450 sauare feet of aross leasable floor area 8e~FP1Breial iRtBR8itv e61elaliR61 to one (1} FeeiaBRtial dwellina unit. 4, The floor area ratio for ~enior housing, includina, but not limited to. assisted livina. nursina care, and aroup care units, ~av Rave a !Heater fleer area rati8 tRaR 9.1., 8151t shall not exceed 0.60. I>Je serxtieR ef tRB The floor area of QPlV J;HeSe8Be senior housina development laRa e1ee shall be 8e€ll5letea excluded from the commercial floor area limitations in paraaraph b,1.. above laR€I IsIse iRteRsit',' €If t!;!e ~1;;I8Qistri9t. ~ For each senior housina unit (roolTl8, not beds) constructed 8Rall e€lelate t8 14 of a resiieRtial dwellina unitT shall be deducted from the base density allowed in paraaraph a.2.. above. QREj tRen, s!;!all Be R8 FR8re tf;;JaR A maximum of 240 senior housina units is allowed serFRitte€l. c) Rezone 1. To promote a cohesive development. the entire site shall be rezoned to a sinale Mixed Use Planned Unit Development (MPUD). Reaulations for water manaaement. uniform landscapina. sianaae. screenina and bufferina shall be included in the MPUD ordinance to ensure compatibilitv with adiacent and nearbv residential areas. Go) Development Standards 1. laR€ll;;lsBS aBlslttiR61 .8tate8 ;!8Re€l sreseRiBs 8!;!all Ra\'e a FRiRiFRI;;IFR setbaBI( ef 25 .100 feet Sl1sl8 eRe feet ef set8aBk fer €laB!;! eR8 feet ef 81s1il€liRlil Rei€lRt. 'NR8re feasible. 8HistiR€I Rati':e ':e€letatieF-l sRall 8e retaiReg 'NitRiR tRis 8etba81( area, @eF-lsi8teF-lt witR tRe GMP aRg UdC staRgara8, Water r8teRtieR.'geteRtieA areas !;jt;Jall 8e allevJea ir;l tRis Get8aet( area sre':iie8 tRat tl;;]8 area is lek iR a Ratl5lral state, aRg eraiRa61e eeRl.:evaRee tRFel5l81;;] tRe set8aek area 8Rall 8e alle\Vei, iR erEler fer sterR'l'.l.'ater te reaeR aR emerRal el5lUall. Commercial development directlv abuttina residential propertv (propertv zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventv-five (75) feet wide buffer in which no parkina uses are permitted, except that this reauirement shall not applv to that portion of the southern boundarY adiacent to the excavation area to the south. Twentv-five (25) feet of the width of the buffer alona the developed area shall be a landscape buffer. A minimum of fiftv (50) feet of the buffer width shall consist of retained native veaetation and must be consistent with subsection 3.05,07H, of the LDC. The native veaetation retention area mav consist of a perimeter berm and be used for water manaaement detention. Anv newlv constructed berm shall be re-veaetated to meet subsection 3,05,07H, of the LDC (native veaetation replantina reauirements). Additionallv, in order to be considered for approval. use of the native veaetation retention area for water manaaement pUrPoses shall meet the followina criteria: (a) There shall be no adverse impacts to the native veaetation beina retained, The additional water directed to this area shall not increase the annual hvdro- period unless it is proven that such would have no adverse impact to the existina veaetation. (b) If the proiect reauires permittina bv the South Florida Water Manaaement District. the proiect shall provide a letter or official document from the District indicatina that the native veaetation within the retention area will not have to be removed to complv with water manaaement reauirements If the District cannot or will not supplv such a letter. then the native veaetation retention area shall not be used for water manaaement. -28- CP-200S-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C lc) If the oroiect is reviewed bv Collier Countv. the Countv enaineer shall orovide evidence that no removal of native veaetation is necessarv to facilitate the necessarv storaae of water in the water manaaement area, 2, Proiects shall orovide a 25-foot wide landscaoe buffer abuttina the external riaht- of-wav, This buffer shall contain two staaaered rows of trees that shall be soaced no more than 30 feet on center. and a double row hedae at least 24 inches in heiaht at time of olantina and attainina a minimum of three feet heiaht within one veaL A minimum of 50% of the 25-foot wide buffer area shall be comorised of a meanderina bed of shrubs and around covers other than arass, Existina native trees must be retained within this 25-foot wide buffer area to aid in achievina this buffer reauirement: other existina native veaetation shall be retained, where oossible, to aid in achievina this buffer reauirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state. and drainaae convevance throuah the buffer area shall be allowed if necessarv to reach an external outfall. For that oortion of this Subdistrict Ivina within the Corridor Manaaement rzoninal Overlav lCMO). the more strinaent reauirements of this oaraaraoh and the CMO shall aoolv. ~.3. Shared parkinq shall be required with adioining developments wherever practicable. Internal parkinq and driveways shall be located between residential and commercial structures in order to minimize noise and lights on adiacent Estates zoned properties. ~.4. Driveways and curb cuts shall be consolidated with adioining developments. wherever practicable, 4 g" Building heights shall be limited to two (2) ~ stories. with a maximum zoned heiaht of fe'*Y five (~Iii) thirtv-five (35) feet. ~.6, Commercial uses shall encouraqe pedestrian traffic through placement of sidewalks. pedestrian walkways, and marked crosswalks within parkinq areas. Adiacent proiects shall coordinate placement of sidewalks so that a continuous pathway through the Subdistrict is created. oZ. All commercial buildinqs within the Subdistrict shall utilize a common architectural theme, 8, Allliahtina shall be architecturallv desianed and limited to a heiaht of twentv-five (25) feet. Such liahtina shall be shielded from neiahborina residential land uses. This theme shall be aoolicable to both buildina desian and sianaae. 9, Fences or walls mav be constructed on the commercial side of the reauired landscaoe buffer between adiacent commercial and residential uses, If constructed, such fences or walls shall not exceed five (5) feet in heiaht. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete oost or rail tvoes, and shall be of ooen desian (not covered bv slats, boards or wire), 10. All commercial buildinas shall have tile roofs. 'Old SMe Florida' metal roofs, or decorative oaraoet walls above the roofline, The buildinas shall be finished in liaht. subdued colors. exceot for decorative trim. 11. If the oroiect is submitted as a PUD. it shall orovide a functional oublic ooen- soace comoonent. Such DubHe ooen-soace shall be develooed as meen soace within a oedestrian-accessible courtvard. as oer Section 4,06,03B.3. of the LDC. as in effect at the time of PUD aooroval. 12, The followina orincioal oermitted uses are orohibited: (a) Drinkina Places (5813) and Liauor Stores (5921) (b) Mail Order Houses (5961) (c) Merchandizina Machine Ooerators (5962) (d) Power Laundries (7211) (e) Crematories (7261) (Does not include non-crematorv Funeral Parlors) (f) Radio. TV Reoresentatives (7313) and Direct Mail Advertisina Services ~ (a) NEC Recreational Shootina Ranaes, Waterslides. etc. (7999) -29- .. I!ll_'____~"____--.....,_".,.,~~"'."_'<__,.-. CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C (h) General Hosoitals (8062l. Psvchiatric Hosoitals (8063), and Soecialtv Hosoitals (8069) (j) Elementarv and Secondarv Schools (8211), Colleaes (8221) Junior Colleaes ~ (j) Libraries (8231) (k) Correctional Institutions (9223) (I) Waste Manaaement (9511) (m) Homeless Shelters and Souo Kitchens -30- CP-2008-3 Golden Gate Parkway Mixed Use Subdistrict Agenda Item 4C DATE: L~ S-71 DJ PREPARED BY: . LESLIE PERSIA/SEN R PLANNER COMPREHENSIVE NNING DEPARTMENT REVIEWED BY: ~~ &-,--;/J LJ..A,-----, DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE P:NNj~ DEPARTMENT REVIEWED BY: I~{JL /L--- RANDY COHEN, AICP, DIRECT'oR COMPREHENSIVE PLANNING DEPARTMENT q 2.1,[1 DATE: DATE: C( 2 CZ-OGl DATE: APPROVED BY: JOSEPH K. SCH~T , ADMINISTRATOR COMMUNITY DE E OPMENT & ENVIRONMENT A ERVICES DIVISION PETITION NO,: CP-2008-3 Staff Report for the October 19, 2009, CCPC Meeting, 1~/t17 .t , ' NOTE: This petition has been scheduled for the January 19, 2010, BCC Meeting, COLLIER COUNTY PLANNING COMMISSION: MARK p, STRAIN, CHAIRMAN -31- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 c.o~T... <:;;;OU-nty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 RE: PETITION NO, CP-2007-1, WILSON BOULEVARD COMMERCIAL SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Corby Schmidt, AICP, Principal Planner AGENT/APPLICANT/OWNERS: Agents: Ron Nino, AICP Vanasse Daylor 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 Bruce Anderson, Esq" Attorney at Law Roetzel & Andress 850 Park Shore Drive Naples, Florida 34103 Applicant and Owner: Ismael Gonzalez 811 Fourth Street, SE Naples, Florida 34117 GEOGRAPHIC LOCATION: The Subdistrict site contains 5,17 acres and is located at the southeast corner of the Immokalee Road (CR 846) and Wilson Boulevard intersection, The property has approximately 660 feet of frontage on Wilson Boulevard and 330 feet of frontage on Immokalee Road, The property lies within the Rural Estates Planning Community, in Section 27, Township 48 South, Range 27 East, Collier County, Florida, (See aerial and zoning maps on next page) - 1 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 r ~ ~Proposed . froject Site ---~1 I .i i_~' 1';1 E D ~I REQUESTED ACTION: This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) text, and the Golden Gate Area Future Land Use Map and Map Series by: 1. Amending Policy 1.1,2 of the Estates - Commercial District to add the Wilson Boulevard Commercial Subdistrict 2. Amending the Estates - Commercial District to add the proposed Subdistrict language; and 3. Amending the Future Land Use Map to add this new Subdistrict, creating a new Future Land Use Map series inset map depicting this new Subdistrict and adding this new Subdistrict map the Table of Contents, List of Maps. The petitioner's proposed text changes, shown in strike-through/underline format, are as follows: Words underlined are added, words struck through are deleted. B, ESTATES - COMMERCIAL DISTRICT Wilson Boulevard Commercial Subdistrict [New Text, Page 38] This Subdistrict is located at the southeast corner of the Wilson Boulevard/lmmokalee Road intersection, It is 5.17 acres in size and has approximately 660 feet of frontaae on Wilson Boulevard and 330 feet of frontaae on Immokalee Road, The intent of this Subdistrict is to allow uses of land that aenerally function to serve residents who live within two to three miles of the subiect site and incidentally passerby traffic when subiect site is situated on an intra-county maior artery such as Immokalee Road CR 846. The development of this Subdistrict shall be aoverned bv the followina criteria: a, Development is encouraaed to be in the form of a Planned Unit Development (PUm, b, A unified planned development with a common architectural theme. shared access and cross access aareements shall be developed, - 2 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D c, The maximum gross leasable floor area of all uses shall be limited to 40.000 square feet. d, Development shall be limited to those allowed in the C-1. Commercial Professional and General Office District. C-2. Commercial Convenience District. and C-3 Commercial Intermediate District both permitted and conditional. as contained in the Collier County Land Development Code, e, Driveways and curb cuts shall be limited to right-in/riaht-out turnina movements only. t. Proiects directly abutting Estates zoned property shall provide. at a minimum. a 75-foot buffer of retained native veaetation in which no parkina or water manaaement uses are permitted: except that. when abuttina conditional uses no such buffer is reauired, 9.:. A twenty-five (25) foot wide landscape strip shall be provided along the entire frontaae of both Wilson Boulevard and Immokalee Road, h. Buildina heights shall be limited to two (2) stories and a maximum of thirty-five (35) feet. i:. All lighting shall be architecturally designed and limited to a height of twenty-five (25) feet. Such liahting shall be shielded from neiahboring residential land uses. BACKGROUND AND PROJECT DESCRIPTION: This proposal intends to establish the "Wilson Boulevard Commercial Subdistrict" in the GMP Golden Gate Area Master Plan to allow new commercial development. The petition describes a project providing up to 40,000 sq, ft. of gross leasable floor area for office, retail, and personal services typically found in the C-1, Commercial Professional and General Office, through C-3, Commercial Intermediate. zoning districts. The following is a summary of the background of the Golden Gate Estates neighborhood centers and commercial subdistricts, History of Citizen Participation and Adoption of the "Golden Gate Area Master Plan" bv the Board of County Commissioners: The Golden Gate Estates 'Neighborhood Centers' and 'Commercial Subdistricts', are components of the Golden Gate Area Master Plan, an element of the Collier County Growth Management Plan, The GGAMP was adopted within the context of the following, which is an excerpt from the Master Plan's Introduction section: "As part of the revised Growth Management Plan, the County adopted the original Golden Gate Area Master Plan (GGAMP) in 1991. The GGAMP was further revised in 1997. The Golden Gate Area Master Plan provides growth management regulations for the designated Golden Gate Area. The Golden Gate Area was previously subject to the regulations outlined in the County's Future Land Use Element (FLUE). However, in 1991, the unique characteristics of the area resulted in adoption of a Master Plan for Golden Gate, as a separate Element of the Collier County Growth Management Plan, This Master Plan superseded former Objective 1, Policy 1,1, and Policy 1,3 of the FLUE. All other Goals, Objectives, and Policies contained in the FLUE and all other Elements of the Growth -3- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Management Plan remain applicable to the Golden Gate Area. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map, In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal Report (EAR) for Collier County, As a result of the recommendations made in the EAR, Ordinance 91-15, which adopted the original Golden Gate Area Master Plan, was repealed and a new Ordinance 97-64 was adopted, In February of 2001, the Board of County Commissioners directed staff to initiate a restudy of the Golden Gate Area Master Plan. Accordingly, in June of 2001, Comprehensive Planning Section Staff requested that the Board appoint an advisory committee, consisting of residents of Golden Gate City and Golden Gate Estates, to aid Staff in the restudy process, The Golden Gate Area Master Plan Restudy Committee met on over twenty (20) occasions, between June 2001 and June 2003, to consider proposed amendments to the GGAMP, as well as other matters related to the Golden Gate Area. All meetings were open to the public, [and] many of these meetings were well attended, The evaluation and determination of the appropriateness of commercial subdistricts and neighborhood centers were a focal part of the restudy process. The restudy process was divided into two phases. The County transmitted Phase One amendments to the Florida Department of Community Affairs in April 2003, These amendments were adopted, as Ordinance 2003-44 in September 2003. Phase II amendments were adopted in October, 2004, as Ordinance 2004-71," These studies specifically asked residents and stakeholders about what amount and location of non- residential development should be planned and accommodated, The study also examined the spatial distribution of neighborhood centers and commercial subdistricts, Respondents recognized the need for additional non-residential development in the estates and identified additional locations to plan for these land uses. The new locations selected did not include an area at or surrounding the Wilson Boulevard-Immokalee Road intersection. GGAMP Restudy Committee did not recommend commercial development at this location, SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The subject property is undeveloped, currently zoned E, Estates and comprises 5,17 acres, The current Future Land Use Designation is Estates - Mixed Use District, Residential Estates Subdistrict. The present Estates - Mixed Use District, Residential Estates Subdistrict designation allows single- family residences at a density of 1 dwelling unit per 2.25 gross acres, or legal nonconforming lot of record, non-residential uses (e.g. parks, open space and recreational uses, essential services, group housing, schools and school facilities), and certain conditional uses, Some of these uses are subject to locational criteria as found in the Conditional Uses Subdistrict of the Estates - Mixed Use District. The existing Future Land Use Designation allows for viable uses on the subject site. Allowable uses presently include residential development, family care facilities, limited recreation and open space uses, public schools, and essential services. - 4 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D Surroundina Lands: N - ZONING: E, Estates; EXISTING LAND USE: Across Immokalee Road, a 6-lane divided arterial roadway, and an east-west drainage canal, are undeveloped single-family residential lots; single-family residences lie to the northwest and northeast; FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates Subdistrict. S- ZONING: E, Estates; EXISTING LAND USE: Undeveloped single-family lot; FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates Subdistrict. E- ZONING: E, Estates; EXISTING LAND USE: Undeveloped single-family residential lots; FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates Subdistrict. w- ZONING: E, Estates; EXISTING LAND USE: Across Wilson Boulevard, a 2-lane undivided collector roadway, is an undeveloped single-family residential lot; FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates Subdistrict. In summary, the current zoning and, existing and planned land uses in the area immediately surrounding the subject property are Estates-type residences or residential lots in all directions. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab, This document addresses some items common to all petitions in this Cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. Appropriateness of Chanae: If approved. this Growth Management Plan amendment will result with introducing new commercial development, uses and activities to a location where commercial development is not now planned, and consequently impact a larger planning area, Establishing whether designating the site for commercial development disrupts the stability of residential and other established uses in the planning area is a valid concern. -5- 'll-'T~_,__~."_";,'"<'_M"'_",>""__,,,,,, ..w,"'__ CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D The practicality of changing the GMP to accommodate the proposed Subdistrict is to be established through an evaluation of relevant and appropriate data for population growth, commercial inventory, infrastructure development, and other considerations in the surrounding area. For more explanation, refer to the Comprehensive Plan Amendment - Statutory Data and Analvsis Reauirement section of the "Standard Language for GMPA Staff Reports" document. Commercial Development A trend toward commercial development is not evident in the area immediately surrounding the proposed commercial Subdistrict, but within a "Support Area" described in the market conditions study submitted with this petition [as the combined Primary Trade Area (PTA) extending 2 radial miles from the subject property, and the Secondary Trade Area (STA) extending 3 radial miles from the subject property] for the new Subdistrict, commercial development is evident, including the following approved projects: 2 CPUDs [Randall Boulevard Center and Mir-Mar] in the Randall Boulevard Commercial Subdistrict (41,000 sq. ft. of commercial on 7.5 acres) Orange Tree MPUD (60,000 sq. ft. of commercial on 22 acres, with a petition pending to increase the acreage, and the floor area to 332,000 sq. ft.) Orange Blossom Ranch MPUD (200,000 sq. ft. of commercial on 44 acres) The above-listed sites are located within the project's Support Area, and currently provide 301,000 sq. ft. of commercial use opportunities. Within the same market Support Area, additional commercial development is pending by multiple Growth Management Plan amendments in the 2007-2008 Combined Cycle, as follows: Pending GMPA CP-2007-2, the "Immokalee/Oil Well Road Commercial Subdistrict" (70,000 sq, ft. of new commercial on 10.2 acres) Pending GMPA CP-2008-1, the "Estates Shopping Center Subdistrict" (225,000 sq. ft, of new commercial on 40 acres) Pending GMPA CP-2008-2, the "Randall Boulevard Commercial Subdistrict" (349,950 sq, ft. of additional commercial on 56.5 acres) The above-listed sites would provide another 644,950 sq, ft. of commercial use opportunities, for a possible 945,950 sq. ft, of commercial development. Source: March, 2008 Planned Unit Development (PUD) Master List (prepared and maintained by the Collier County Engineering Department) and the Collier County Interactive Growth Model (CIGM), 'Mixed Use Activity Centers', 'Neighborhood Center Subdistricts', 'Mixed Use Subdistricts' and 'Commercial Subdistricts' are commercial components of the Golden Gate Area Master Plan and are counted toward the inventory of land available for development, even if they are not yet zoned commercial. These components presently provide additional commercial opportunities adding to the 945,950 sq. ft. amount. - 6- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Permanencv of Boundary of the "Wilson Boulevard Commercial Subdistrict" if the reauested amendment to the Golden Gate Area Master Plan is aranted The granting of this amendment would create a permanent Commercial Subdistrict boundary in the southeast quadrant of this intersection, This Subdistrict would be surrounded by an otherwise stable neighborhood of residential lots and structures. Approval of this amendment can be expected to encourage future requests for amendments to allow new commercial development on the other three quadrants of the Immokalee RoadlWilson Boulevard intersection where developable land is available. A fire station and drainage canal lie to the west of the Randall Boulevard Center and Mir-Mar PUDs listed above. It should also be noted that if this amendment is approved, then each of the properties that abut the subject property would become eligible for transitional conditional use applications due to the location of the commercial development within the new Subdistrict and the development criteria contained within the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, The granting of this amendment will have destabilizing impacts on the existing adjoining and nearby single-family residential development to all directions from the subject property, For more explanation, refer to the Growth Manaqement Plan Vision section of the "Standard Language for GMPA Staff Reports" document. [REMAINDER OF PAGE INTENTIALL Y LEFT BLANK] - 7- """_________.."'_llfn~ I ....."""""'.,'~--"-~.~- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Boulevard and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation. The attached location map identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area. The table below also provides information about these five petitions seeking amendment to the Golden Gate Area Master Plan, The attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions. Petition Location # Acres Request CP-2007-1 SE corner CR846/Wilson Blvd. 5.17 Create Wilson Blvd. Commercial Subdistrict to allow max. of 40,000 S.F. of C-1 thru C-3 com'l uses CP-2007 -2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max, of 70,000 S.F, of C-1 thru C-3 com'l uses CP-2007 -3 South side of CR858, 1/4 mile west of 21,72 Create Mission Subdistrict to allow I institutional uses (church and related Everglades Blvd. I uses, e.g, child & adult day care), and limited C-1 com'l uses (90,000 s.f. total, inclusive of 2,500 s.f. of com'l) CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center Gate Blvds, Subdistrict to allow 225,000 s.f of com'l uses(CA uses, with some exceptions, and select C-5 uses) with requirement to provide a grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center and could yield 30,099 s.f. of com'll CP-2008-2 South side of CR846 & Randall Blvd., 56.50 Expand and modify Randall Blvd from canal east to 8th Street N E Commercial Subdistrict to add (inclusive of BCI Fire Station, existing 349,950 s,t. of C-4 com'l uses, with Randall Blvd. Com'l Subdistrict, and exceptions [zoning in existing OaF fire tower site). Subdistrict allows 41,000 s.f. of com'l on 7,53 acs.l sum 134.29 769,450 S.t. of com'l [728,450 s,f. is [121.78 new] acres are newl - 8 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D Commercial Demand Analvsis The GGAMP and the FLUE currently provide for future commercial development to accommodate the growing population in the study area, Comprehensive Planning Department staff utilized the Subdistrict's "Support Area" as defined in application materials, the Collier County Interactive Growth Model (CIGM) and other County resources to analyze the CP-2007-1 proposal in detail. Demand in 2010 for Neighborhood Center scaled commercial development in the Wilson Boulevard Commercial Subdistrict's Support Area is 212,703 sq. ft., while there is more than 678,400 sq. ft. of existing and potential commercial space available. This Support Area currently provides more than three (3) times the existing and potential commercial space needed to serve about 25,100 people. [These figures are illustrated by Attachment: Map 6 & Map 8, and the chart & tables included thereon.] This analysis projected the shopping demands of the population expected in the Wilson Boulevard Commercial Subdistrict's Support Area in year 2030 to increase to 390,889 sq, ft. of commercial space, while more than 678,400 sq. ft. would still be available or developed -- providing more than one and one-half (1,5) times the commercial space necessary to serve approximately 46,259 people. [These figures are illustrated by Attachment: Map 6 & Map 8, and the chart & tables included thereon.] CP-2007-1 is not the only petition in the vicinity under consideration in the 2007-2008 Combined Cycle of Growth Management Plan amendments asking for new commercial development [as illustrated in the table above]. Moreover, CP-2007-1 is not the only new commercial GMPA drawing from the same customer pool/base. At least four proposed commercial Subdistricts are situated so their market areas either partially overlap or fully envelop another's market area - or more than one. The proposed CP-2007 -1 Subdistrict site shares approximately one-half of its market area with CP- 2007-2, The CP-2008-1 market area overlaps that of CP-2007-1 by a third to a half. Finally, all three of these market areas are engulfed almost wholly by the CP-2008-1 market area. The marketplace dynamic for each of these proposed commercial developments is affected by these shared areas, and by the potential competition, Collier Interactive Growth Model The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning effort to assess the County's ability to accommodate growth within the County east of Collier Boulevard (CR 951), Included in the second phase of the study was the development of a Collier County Interactive Growth Model (CIGM), The Board adopted the CIGM as a planning tool at its advertised public hearing on January 13, 2009. This model was developed to assist in projecting population and its spatial distribution over time to build-out in all areas lying east of CR 951. The interactive growth model is also utilized to approximate the timing and location of commercial and industrial centers, school facilities, parks and recreational facilities, fire stations, etc, The commercial sub-model is designed to project the demand for neighborhood, community and regional centers that include retail and other commercial uses. This sub-model helps to spatially allocate the optimal locations for these commercial centers required as a function of time and population, and as a result of disposable incomes of the population. -9- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Guidelines for Commercial Development used in the CIGM: · Number of Persons per Neighborhood Center: 13,110 · Number of Persons per Community Center: 34,464 · Number of Persons per Regional Center: 157,324 · Number of Acres per Neighborhood Center: 11 · Number of Acres per Community Center: 28 · Number of Acres per Regional Center: 100 · Square Feet Building Area per Neighborhood Center: 110,734 (8.45 sq, ft. per Capita) · Square Feet Building Area per Community Center: 257,668 (7.48 sq. ft. per Capita) · Square Feet Building Area per Regional Center: 1,000,000 (6.36 sq. ft. per Capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County, This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses. Based on the population thresholds used in the CIGM, staff has developed commercial analysis for petition CP-2007-1 as follows (the 4 referenced maps are attached to and made part of this Staff Report): · Existing and Potential Commercial sq. ft. (see Map 1, attached) Within the petition's defined Primary Trade Area (PTA), there are 89,813 sq. ft, of existing commercial development and 425,470 sq. ft. of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial sq, ft. within the PTA is 515,283. · Housing Units & Population (see Map 2, attached) Based on the CIGM, the total housing units and total population in the PTA are/will be: 2007 _ 4,297 units and 12,752 persons; 2010 - 4,976 units and 14,761 persons; 2015 - 6,220 units and 18,121 persons; 2020 - 7,371 units and 21,394 persons; 2025 - 8,417 units and 24,329 persons; and, 2030 - 9,315 units and 26,808 persons. · Square Footage Demand for a Community Center (see Map 3, attached) The total existing/projected population within the PTA translates into an existing/projected demand for commercial space within the PTA as follows: 2007 - 12,752 persons yields demand for 95,385 sq, ft. of commercial (7.48 sq, ft. per capita); 2010 - 14,761 persons yields demand for 110,412 sq, ft.; 2015 - 18,121 persons yields demand for 135,545 sq, ft.; 2020- 21,394 persons yields demand for 160,027 sq. ft.; 2025 - 24,329 persons yields demand for 181,981 sq, ft.; and, 2030 - 26,808 persons yields demand for 200,524 sq, f1.. The existing and potential commercial sq, ft. (supply) within the PTA is 515,283; therefore, there will not be a need for another typical Community Center in this PTA, until after year 2040. · Square Footage Demand for a Neighborhood Center (see Map 4, attached) The total existing/projected population within the PTA translates into an existing/projected demand for commercial space within the PTA as follows: 2007 - 12,752 persons yields demand for 107,731 sq. ft. of commercial (8.45 sq, ft. per capita); 2010 - 14.761 persons yields demand for 124,731 sq. ft.; 2015 - 18,121 persons yields demand for 153,123 sq, ft.; 2020- - 10- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D 21,394 persons yields demand for 180,779 sq, ft,; 2025 - 24,329 persons yields demand for 205,580 sq. ft,; and, 2030 - 26,808 persons in 2030 translate to 226,528 sq, ft. demand for commercial space. The existing and potential commercial sq. ft. (supply) within the PTA is 515,283; therefore, there will not be a need for another typical Neighborhood Center in this PTA, until about year 2050. Data Sources: The CIGM analysis for this petition utilized: (1) the 2007 Commercial Inventory prepared by the Collier County Comprehensive Planning Department; (2) present GMP designations that allow commercial zoning; (3) housing unit and population projections prepared by the CIGM consultant, which account for vacancy rates. There is a minor discrepancy between the CIGM population projections and those prepared by the Bureau of Economic and Business Research at the University of Florida, The firm of Fraser and Mohlke Associates, Inc, conducted a Market-Conditions Study, dated August 19, 2009, independently analyzing market conditions within the Rural Estates and Corkscrew Planning Community Districts (PCDs), This analysis provided an overall context for assessing the basic goods and services requirements of the emerging population within an area beginning at the northernmost extension of CR 951, extending easterly along the Lee-Collier County line to the Hendry-Collier County line, then the boundary turns south to run along the County line to easternmost extension of Oil Well Road, then turns west to run along Oil Well Road to Everglades Boulevard, then south to 1-75, runs westerly to near CR-951, then north along this west side to complete the boundary - the "Study Area". The Study provided the following data and analysis: Section 1, Market Conditions Foreword limits uses to 40,000 sq, ft. of C-1, C-2 and C-3 permitted and conditional uses, and further limited to: automotive service station(s); convenience store(s); drug store(s); restaurant(s), including fast food restaurant(s), but not drive-in restaurant(s); and shopping center [as identified in the LDC, and comprised of uses identified in the Subdistrict provisions] on 5,17 acres, Study Area Definition is the "Rural Estates" Planning Community District (PCD) and the "Corkscrew" PCD. This Study Area encompasses the lareest eeoeraphic area, and is the basis for the successively-smaller area analyses that follow, Total population in the Study Area was estimated to be 33,912 (2005); is projected to be 38,175 (2010), and 48,340 (2015), [p, 1-1] [April 1, Collier County Population Estimates and Projections, (CCPEP), May 2009] As a comparison, these figures are 5.47%, 28.40% and 31.88% decreases from 2007 CCPEPs for the same years, respectively. Definina a Support Area for Analysis incorporates the Metropolitan Planning Organization (MPO) saturation analysis by Traffic Analysis Zone (TAZ) , including those TAZs located within a 3.0 radial miles of the subiect property, [p, 1-12] This Support Area is the next-smaller aeoeraphic area studied. Build-out population in the Support Area is projected to be 64,031 [Table 1.06,02]. Figures taken from the 2005 Collier County Residential Build-Out Study projection, an estimated, 35,505 persons would reside in the Support Area TAZs encompassing the next-smaller Primary Trade Area (PTA), The PTA extends two radial miles from the subiect property. and is the next- smaller aeoaraphic area. These figures are altered somewhat by the Collier County Horizon Study for Lands East of 951, which incorporated the Interactive Growth Model (CIGM), adopted by the County for future growth management modeling. The CIGM utilizes a sigmoid curve in its - 11 - ,____".._"<-^..~.,, .... 'lI1'llllI 1"W'lI1t -~".,,,,,",,,,,,,,,,,,,,,,~~,,,,~"'-"."'" ---~ CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 logarithmic population projections. while the Build-Out Study used a straight-line projection, among other less-significant differences, The County CIGM administrator extrapolated data from a point on the curve however, and provided an estimate for the baseline year 2007 - deriving a population of 21,892 in the Support Area, Staff found that the actual PTA has a [CIGM derived] estimated 2007 population of 12,752. [These figures are illustrated by Attachment: Map 2 & Map 6, and the chart & tables included thereon.] Guidelines for Commercial Development explains how the CIGM uses an 11 acre land area and an 110,734 sq. ft. building dimension for a Neighborhood Center (for 8.45 sq. ft. per capita). This figure applied to 21,892 persons produces a total of 184,987 sq, ft. of commercial development necessary to serve the Support Area. In year 2010, 25,172 people will need 212,703 sq, ft. Extended to build-out, a total of 390,889 sq. f1. of Neighborhood commercial development would be needed to serve the Support Area. [The same figures are illustrated by Attachment: Map 6 & Map 8, and the chart & tables included thereon.J More important to consider, staff found the actual PTA [CIGM derived] population of 12,752 is projected to grow to more than 26,808, but not until sometime after year 2030, Current demand in the PTA based on existing population is for 107,754 sq. ft. of Neighborhood Center commercial development. Demand at build-out would be for 226,528 sq, ft. of Neighborhood commercial development. [These figures are illustrated by Attachment: Map 4, and the chart & tables included thereon.J Inventorv of Approved Planned Unit Developments lists commercial acreage and floor area in the Support Area, the larger geographic area encompassing the smaller PTA. [Section I, Exhibit 3J Planned Unit Developments (PUD) with commercial components lying in the Support Area include: Mir-Mar, Randall Boulevard Center, Orange Blossom Ranch and Orange Tree, approved for 358,000 sq. ft. commercial floor area, on 87.48 acres, (Note that the floor area and acreage totals reflect all PUDs inventoried in the Support Area while the list of commercial PUD developments "evident in the area" provided by staff [on page 6 above] points out fewer PUDs as the most apparent examples.) This section identifies approximately 27,350 commercial sq, ft. as "developed" [or existing] and 330,650 commercial sq. ft. as "undeveloped" [or potential], when enumerated earlier this year. Staff found that the Support Area has a [CIGM derived] total of 678,410 sq, ft. of existing and potential commercial floor area, on 134.55 acres - with 89,813 sq. ft. of this amount described as existing or "developed". The currently approved commercial development of 678,410 sq, ft. exceeds the 390,889 sq, ft. needed in the Support Area at build-out by 287,521 sq, ft. [These figures are illustrated by Attachment: Map 5 & Map 8, and the chart & tables included thereon.J Section 2 Existina Land Uses (The Inventory of) 2007 Commercial Land Uses , and the Department of Revenue Commercial Land Use Inventorv and Retail Land Use Codes list commercial acreages and floor areas for commercially developable properties located outside Planned Unit Developments in the Study Area, which encompasses the largest geographic area, These two inventories also confirmed figures found in the PUD Inventory appearing in the previous section. [Section I, Exhibit 3J Commercial development is currently approved for approximately 115,257 sq. f1. commercial floor area, on 49,83 acres, [po 1/-9J - 12- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Section 3, Consumer Demand Forecasts The Commercial Demand Study for the Golden Gate Area (October 2003) provides a basis for market analysis meant to "establish whether retail capacity forecasted for 2005 remains presently", The author's introductory statement contends that, "the deficit continued to 2005", [po 11I-1] Retail demand calculations incorporated a number of factors, including: Per-capita income (PCI); Sales per square foot (SPF); Floor area ratios (FAR); Retail expenditure (RE) forecasts; and, Vacancy rates. [pp. 11I-1 - 3] Three large geographical areas studied, each a part of Golden Gate Estates, make up an area smaller than the subject site's Study Area and larger than both its Support Area and Primary Trade Area. The 2003 Study did not factor in commercial land uses located outside Golden Gate Estates, County "Rural Settlement Areas", or planned commercial areas in the RFMUD and RLSA. [po 11I-7] The 2003 Study is narrow in its scope and limited in its applicability, due to its point-in-time calculation factors, different geographical study areas, and dissimilar data sets, Section 4, Problem Settino and Recommendations This section draws conclusions from the findings of the Market-Conditions Study, generally in support of the petitioner's desire to develop the site commercially. Staff Summarization of the Market-Conditions Study Data analysis in the Market-Conditions Study lacks a direct correlation (apples-to-apples) to other data sets, summaries or findings, and brings the conclusions and recommendations presented into question, An example of this appears where population projections and dwelling unit figures within PCDs and the Primary Trade Area do not correlate. Another example of this appears where data is provided for existing and projected populations, but only existing data for commercial inventory is provided, The listing of Neighborhood Centers or Commercial Subdistricts located within the same Support Area or Primary Trade Area (and just outside them) is incomplete, Commercially planned locations lying outside the same (or shared) market area but drawing from the same potential market pool are missing from consideration. The shared, or competing market area (or areas), from nearby commercial [and commercially planned] locations lying outside the selected Support Area or Primary Trade Area were not considered. The lack of including shared and competing market areas affects the dynamics of the marketplace and would obviously affect the petitioner's analysis. The Market-Conditions Study gave cursory attention to the development potential and market dynamics of Rural Villages in the Rural Fringe Mixed Use District (RFMUD) into consideration, while these factors have an influence on the market area that should not be disregarded. The development of Rural Villages is expected and encouraged in RFMUD Receiving Lands, which are required to include a commercial component that can be expected to meet an amount of commercial demand derived from Golden Gate Estates, - 13- _,,""__._iII!".! _~"_"_..,-".,."...."~.,._.""._,_.-".,.~,,.....,,._,-- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 The Market-Conditions Study evaluates a wide array of commercial uses, but proposes only automotive service station(s); convenience store(s); drug store(s); restaurant(s), including fast food restaurant(s), but not drive-in restaurant(s); and a shopping center - a selection of the most intense commercial land uses possible - for this site. The proposed Subdistrict text does not limit development to these few uses, but rather allows all C-1, C-2 and C-3 uses, No shortfall of commercial land can be concluded from the Study of Market Conditions. As a point of emphasis, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, requirements to provide appropriate data and analysis to demonstrate the amendment is needed are not met. Environmental Impacts: An Environmental Assessment, dated June 5, 2009 was prepared by Turrell, Hall & Associates, Inc. Environmental Consulting, submitted with this petition and indicated the following: · The project site includes pine flatwoods; cypress; roadway and disturbed lands, The soils mapped for the site are Holopaw fine sand, a hydric soil and Immokalee fine sand, a non-hydric soil. · The listed species survey conducted on site concluded that there were listed species found utilizing the site, and there were signs of gopher tortoises, Non-listed species observed include various songbirds, vultures, red shoulder hawk, crows, gray squirrel, white tailed deer, feral dog and two types of anoles and evidence of several small mammals were visible. The site lies within the panther consultation boundary. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: · No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. · Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan.) Staff has not verified the provided Florida land Use, Cover, & Forms Classification System (FLUCFCS) mapping and does not approve it with this petition. The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Plan (CCME) Section 6.1.1(4), Fifteen (15) percent of the native vegetation on site will be required to be preserved, At the current designation of Estates zoning, native vegetation on site could potentially be minimized to the landscape requirement of 15 trees. Traffic Capacity/Traffic Circulation Impact Analysis. Includina Transportation Element Consistency Determination: A Traffic Impact Statement (TIS), dated August 17, 2009, was prepared by Vanasse & Daylor, LLC and submitted with this petition, including the analyses typically provided in a Growth Management Plan Amendment application, The projects "area of influence" was determined to be Immokalee Road east and west of Wilson Boulevard. The analysis studied Immokalee Road from Oil Well Road to Collier Boulevard, and Wilson Road from north of Immokalee Road to Golden Gate Boulevard. Fully 75% of traffic generated by new commercial activities on the site is distributed to Immokalee Road - 14 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D (40% southbound from westl35% southbound from east), and 25% to Wilson Boulevard (20% northbound from south/5% southbound from north [of Immokalee Road]), Approval of this Subdistrict and development of the commercial project would generate 3,182 daily gross new trips (2-way) and 258 PM Peak Hour gross new trips routed through a single access point. This single, full-movement access, located approximately 600 feet south of Immokalee Road on Wilson Boulevard. would be a design limitation for access to the site. This limited access factors into the trip distribution discussed above, as 100% of all trips would utilize this one point of access, Improvements would be required to the Immokalee Road/Wilson Boulevard intersection as a result of allowing this site to develop commercially, as follows: Extending the eastbound left-turn lane by at least 235 feet for a total functional length of 775 feet. Extending the northbound right-turn lane by at least 225 feet for a total length of 575 feet. More than 625 feet in lane length is desired, but cannot be achieved because the immovable site access location prohibits the adequate, longer configuration, Transportation Planners with the Collier County Transportation Planning Department reviewed the TIS and provided the following comments: The Existing and Committed (E+C) network consists of Immokalee Road as a six lane section east and west of the property, Wilson Boulevard is currently a two-lane section and is only funded for design [as a four-lane road]. The two-lane section of Wilson Boulevard is not scheduled for construction [to add two lanes] in the five-year planning period, Year 2011 anticipated volumes were reviewed using historical growth, model projections and an interpolation of both processes. A conservative analysis using historical growth, and updates to the Capital Improvement Element (CIE) that do not contain Vanderbilt Beach Road Extension and Wilson Boulevard improvements, would likely cause Wilson Boulevard to fail within the five year planning period, In addition, it should be noted that the project has a 2,7 percent impact on Wilson Boulevard, and will put trips on Golden Gate Boulevard west of Wilson, Golden Gate Boulevard west of Wilson is expected to fail within the five-year planning period without Vanderbilt Beach Road Extension from Collier Boulevard to Wilson Boulevard base on the 2008 AUIR. Without committed improvements in the five-year planning period, staff recommends a conservative review of the project. In conclusion, the addition of 40,000 sq, ft. of office and retail space would not be consistent with Policy 5,1 of the Transportation Element of the GMP. However, it should be noted that the addition of commercial services at this location may provide a destination that would reduce the need for the local residents to travel back to the urban area for these services, The project may be found consistent if it qualifies for specific mitigation as approved by the Board of County Commissioners, Mitigation may include right-of-way, and commitments for the improvements to the Wilson Boulevard and Immokalee intersection and specific uses that would provide a local destination for services, In addition to any mitigation imposed by the County intended to bring CP-2007-1 into consistency with Policy 5,1, Transportation Planning specialists commented further, noting: - 15- !"1 .n -..- .. ~~ AU '&li~' T' ~_fljj~. -._ . --"""^*---' ----.",,,-,,,.,,-,,---,___..___' CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D a, The proposed (conceptual) access management is acceptable, but will require final evaluation at the SOP phase. b, The southbound left turn that has been identified, and an eventual northbound right turn lane (anticipated by staff for total trips, not just net new), will need to be evaluated for final design requirements at the time of SOP, shall be the responsibility of the applicant, and will not be eligible for impact fee credits. Please bear in mind that compensating ROW is typically required for turn lanes that would serve this site. c, The need for a turn lane extension on Immokalee Road, at the Wilson Intersection, has been tentatively identified in the report and bears further discussion with staff. Transportation Planners do not recommend that the Board of County Commissioners approve this project, unless it is inclusive of qualifying mitigation that demonstrates consistency with Policy 5.1 of the Transportation Element If the Board finds this petition has merit, and acts to approve CP-2007-1, then specific mitigation can be held over for implementation during the subsequent zoning modification that would be required, Mitigation would occur in the following manner: 1. No less than fifty (50) feet and no more than sixty (60) feet of ROW reservation along the frontage of Wilson Boulevard, with accommodation of water management (acceptance, storage, and attenuation) for the future northbound lanes. 2. Responsibility for the proportionate share of the increased cost of design and construction to achieve intersection capacity when the Wilson Blvd/lmmokalee Road intersection undergoes the next design improvement (currently bumped outside of the 5 year CIE), Comprehensive Planning staff also evaluated Transportation Planning specialists' general premise that "commercial services at this location may provide a destination that would reduce the need for the local residents to travel back to the urban area for these services". This idea could be supported if it were not for the amount of commercial services already meeting this need in the immediate vicinity. The closest neighborhood shopping opportunity lies just 1,500 feet to the east of this location, and the nearest community shopping opportunity lies about two miles further to the northeast. Traveling back to the urban area for commercial services means a five-mile drive to the closest Mixed Use Activity Center, at Immokalee Road and CR 951. The relatively small subject site is too small to offer competing commercial services. Historical and Archaeoloaicallmpacts: Historic or archaeological resources have not been identified as present on the subject property, based on a review of the Collier County Index of Historic/Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps, Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this petition. Commercial development in the new Subdistrict would result in increased impacts upon some other Category A public facilities besides roads (potable water, sanitary sewer, drainage, and solid waste), but these impacts will not be "significant" (generating potential for increased County-wide population greater than 2% of the BEBR medium range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, as defined in Policy 1.2 of the CIE and other applicable Growth - 16- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 Management Plan Elements), For water and sewer, the proposed development would demand 12,000 gallons per day, However, for some public facilities, such as park facilities, the impacts will be lessened since this is not a residential project. Utilizing the level of service standards identified in the CIE, the proposed uses will not result in a significant impact on Category A public facilities. Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations and provided the following comments: According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District at this time. As a point of information, by 2012, the CCWSD will include the Orangetree Area, Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates. There are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road, The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants, Water and sewer services are not currently available. These pipelines will be activated when the North East Plant is ready, Per our current 2008 AUIR, the North East Plant project is anticipated to be constructed and in service by 2018, Collier County Public Utilities does not guarantee a time frame for construction of its capital projects, If adequate capacity is not available, on-site facilities may be provided to serve the needs of the development. As noted above, this project location is not presently within the CCWSD Service Area. nor will it be after Orangetree becomes part of the CCWSD Service Area. However, Comprehensive Planning staff understands that, due to the project's location, there is some possibility this site could be served by the County sometime after the Orangetree area becomes part of the CCWSD service area. 2008 Leaislation - HB 697: This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008, DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. For more explanation. refer to the 2008 Leoislation - HB 697 section of the "Standard Language for GMPA Staff Reports" document. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions, The petitioner has not submitted a response, data or analysis regarding this legislation. It is anticipated that the Florida Department of Community Affairs will raise an Objection in their Objections, Recommendations and Comments Report (ORC), should this petition be approved for transmittal. Other Considerations: File notes taken from the March 31, 2005 Pre-Application meeting show concerns were discussed regarding potential problems with access into and out of a commercial development. The eventual widening of Wilson Boulevard - and thus the narrowing of the subject property - would potentially limit the site's commercial viability, A petition for commercial development would be in clear contradiction to the recommendations of the GGAMP Restudy Committee, Staff provided a statement in previous reports (for the Randall Boulevard Center and others) expressing their concern about unplanned commercial development, stating, "In staff's opinion, - 17- CP-2007-1, Wilson Boulevard Commerciat Subdistrict Agenda Item 40 approval of this amendment may result in nearby properties seeking higher densities, or non- residential uses, for compatibility purposes". Their opinion became an accurate prediction, as evidenced by CP-2007-1, The previous statement is reiterated, and emphasized, adding that the approval of new commercial development or other non-residential uses where none are planned is in direct conflict with the creation and purpose of the Estates designation and two more recent studies of the Golden Gate Area Master Plan (GGAMP), Staff does not find the CP-2007-1 site is an appropriate location for commercial development. The County's ability to manage growth in accordance with its adopted Growth Management Plan is weakened by approvals allowing commercial development outside Neighborhood Centers, Mixed Use Activity Centers and other planned locations, These planned locations are purposely sized, spatially- arranged and separated to encourage and support a healthy business environment County-wide and, discourage and avoid over commercialization and strip development. Abundant commercial land to serve neighborhood residents' needs is approved in the immediate area, on properties with fewer limitations and better vehicular access, but has yet to be developed, The subject property is a site where, if commercial development is considered, there should be an aggregation of properties to address the site's numerous shortcomings - and thus, a potential Golden Gate Estates Restudy issue, NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: The Neighborhood Information Meeting (NIM) required by LOC Section 10,03.05 F was [duly advertised, noticed and] held on September 16, 2009 at 5:30 p,m. at the Big Corkscrew Island Fire Administration Center, located at 13240 Immokalee Road, Naples. A total of nine people attended this NIM [6 representing the applicant, 2 Estates residents, and 1 County staff] and heard the following information: The NIM began at approximately 5:40 p,m. Thomas Greenwood stated that the LOC requires that the NIM be held before the formal hearings and that his role is to facilitate the NIM. He described the purpose of the NIM and the schedule of the transmittal hearings and tentative schedule of adoption hearings. He stated that, should this commercial GMPA be approved, a rezone would be required in the future to determine specific site development standards and conditions [development order] and that the rezone would also be preceded by the holding of another set of public hearings. Ron Nino stated that this GMPA would allow the development of not more than 40,000 sq, ft. of commercial building space on this 5,13 acre tract of land as outlined in Exhibit IV-B of the application, He reviewed Exhibit IV-B and stated that the development would follow the standards proposed therein that uses in the C-1 through C-3 zoning district would be permitted. He stated that his firm sent a survey form to 37 nearby property owners asking for their input on the proposal and eight property owners responded, All responses indicated support for commercial uses, with one responder stating that he did not want his property devalued [property approximately 1,000 feet away from the site]. Mr, Nino stated that the applicant has met previously with the Golden Gate Estates Area Civic Association [GGEACA] to review the project. Timothy Nance of the GGEACA stated that this GMPA is straight forward. He stated that the only concern that the GGEACA would have is for the impact of the development upon the abutting property owners. He stated that the GGEACA has not typically taken a position on commercial development in the Estates because the GGEACA is "split" on commercial development coming into the Estates, - 18- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 No major issues or contentions were raised or discussed. No audience members offered supportive comments or approvals. No statements of commitment were made by the agent, applicant or developer, The meeting was completed by approximately 6:10 p,m. [Synopsis prepared by Thomas Greenwood, AICp, Principal Planner on behalf of Corby Schmidt who was unable to attend this NIM.J FINDINGS AND CONCLUSIONS: The following are findings and conclusions as a result of the reviews and analyses of this request: . The subject property is surrounded by GMP residential planning designations, a residential zoning district and existing single-family residential uses; Approval of this petition will, in essence, enable spot zoning via a "spot" FLUM GMP amendment. . Based upon total existing commercial inventory in the market study area, there is no additional need for commercial uses to serve the surrounding (2010) market area. There is an excess of 390,552 sq, ft. of approved commercial development in the market area, . The magnitude and scale of this project (5,1 acres, 40,000 sq, ft. of C-1 to C-3 uses) is less than half that of an average Neighborhood Center commercial development, and can be more accurately characterized as speculative, scattered-site commercial development. . The automotive service station, convenience store, and fast food restaurant uses allowed in the proposed Subdistrict, if granted, would position some of the most intense commercial uses possible in immediate proximity to the least dense residential uses in the County. Considering this juxtaposition in combination with the site's size constraints. limited accessibility and other factors, these commercial uses seem not to be appropriate for the site, "Shopping center" is not a type of land use, . As a result of this amendment, there are no significant impacts to public facilities, as defined in the CIE, with respect to Potable Water, Sanitary Sewer, Stormwater Drainage and Solid Waste facilities. However, the Transportation Planning Department concluded the impacted roadways are projected to operate at an unacceptable Level of Service within the five-year planning period if this project is approved without mitigation, . The subject property abuts one principal arterial roadway - Immokalee Road, and one collector roadway - Wilson Boulevard, No access to the site would be allowed from Immokalee Road, All vehicles would access Wilson Boulevard at a single point. . Other commercial zoning (and development) is as close as 1/2 mile to the east (Mir-Mar and Randal Boulevard shopping centers) at the southwest corner of the Immokalee Road/Randall Boulevard intersection, and about 1 mile to the northeast (Country Store) at southeast corner of Immokalee Road/Oil Well Road intersection, - 19- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D · The Primary Trade Area has 515,283 sq. ft. commercial floor area, on 107.29 acres - with 89,813 sq. ft, of this amount described as existing or "developed". · Golden Gate Area Master Plan Restudy Committee did not recommend commercial development at this location, · Approval of this petition is likely to lead to other requests for increased density, non-residential uses, and transitional conditional uses on adjacent and nearby properties. · The Rural Villages expected and encouraged in RFMU Receiving Lands include a commercial component that will meet an amount of commercial demand derived from Golden Gate Estates. · Development in this Subdistrict would be subject to the lighting requirements in Policy 5,1,1 of the Golden Gate Area Master Plan · Approval of this Subdistrict will require intersection improvements at Immokalee Road and Wilson Boulevard. The northbound right-turn lane needed to accommodate traffic increases cannot be realized because the site access location prohibits an adequate configuration. · The proposed Subdistrict is inconsistent with the Golden Gate Area Master Plan vision for commercial development in Golden Gate Estates, Staff finds that the data and analysis for the subject Growth Management Plan amendment does not adequately support additional commercial development in the market study area, and the practicality of the proposed Wilson Boulevard Commercial Subdistrict is not sufficiently nor compellingly established, LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the Office of the County Attorney, STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2007-1 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, IF the CCPC should determine that this petition provides appropriate data and analysis that warrant adoption and chooses to recommend transmittal, staff recommends modifications to the proposed Subdistrict language, noted below in double strike-through/double underline format, as follows. These modifications are mostly for proper format, use of code language, succinctness, and clarity. However, inasmuch as this petition proposes neighborhood commercial uses and floor area of development, thus would function the same as a quadrant of a designated Neighborhood Center Subdistrict in the GGAMP, staff recommends several text revisions and additions to reflect the requirements and limitations of the Neighborhood Center Subdistrict. (Note: single underline text is - 20- CP-2007 -1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D added, as proposed by petitioner; double underline text is added, and double stfih8 tRr€llslfilR text is deleted, as proposed by staff.) B, ESTATES - COMMERCIAL DISTRICT [New Text, Page 38] Wilson Boulevard Commercial Subdistrict ~ The Wilson Boulevard Commercial Subdistrict consists of aooroximatelv 5,17 acres +& located at the southeast corner of the Wilson Boulevard/lmmokalee Road intersection, 'l' It is 8.17 e8f8S iR siz8 and has approximatelY 660 feet of frontaae on Wilson Boulevard and 330 feet of frontaae on Immokalee Road, The intent of this Subdistrict is to allow neiahborhood commercial uses €If leAS that oenerally flslR8ti8R tel serve residents who live within two to three miles of the subiect site as well as aM incidentallv passerby traffic 'NR8A SIsI8i8Elt sit8 is sitlslet8& 8R eR iAtf8 88l:l1F1tv m8i8r eR8fV SIsI8R 8S Imm8h8188 Re8s CR i46. The development of this Subdistrict shall be aoverned by the followino criteria: a, Development is encouraoed to be in the form of a Planned Unit Development (PUD). Q." A a1Rifi8& 81eRR8& s8v81e8m8Rt 'J/itR 8 88mmeR 8r8Rit88talr81 tR8m8, SR8f8S 8888S8 SRS 8fe88 S88888 8Qf88m8Rt8 sR811 88 S8\181e88S. c, The maximum oross leasable floor area of all uses shall be limited to 40.000 souare feet. d. Development shall be limited to those oermitted and conditional uses allowed in the C-1. Commercial. Professional and General Office District. C-2. Commercial Convenience District. and C-3~ Commercial Intermediate District 88tl;;\ 88fmi~8s SRS 8eR&itieRsl. as contained in the Collier County Land Development Code (LDC) (Ordinance No, 04-41. as amended), and shall be limited further bv uses orohibited in subsection "u" below, e, lnaress/earess on Immokalee Road is orohibited. Once Wilson Boulevard becomes a median separated roadway. inaress/eoress on Wilson Boulevard griv8'JIJ8Y8 8RS 8l:l1r8 81s1tS shall be limited to rioht-in/rioht-out turnino movements only. 1. Pf8i88tS sir88tlv 88a1ttiRQ estst8s Z8R8& 8re8eRV sRslI 8revis8. st s miRimalm. s 78 f8et 81s1ffer 8f r8teiR8& Rstiv8 V8Qet8tieR iR ':JRi8R Re 8sfhiRQ er '/Jster m8R8Q8m8Rt a18e8 Sfe 88rmi~e&: 8JU588t tR8t. wReR s8a1ttiRQ 88R&itieA81 IsIses Fl8 SIsI8R 81e1ff8r is f8Ql:lIif8&, 9.,. A tw8Rty fi!"'8 (28) feet ':Jis8 18RSS8888 stri8 sR811 88 8fe'li&8s 8leRQ tl;;\8 8Rtir8 ffeRtSQ8 ef 8etR WilseR ~81s118':8rEl 8R&lmme118188 Res~t 11. Building heiohts shall be limited to one (1) storv Fir:€1 (2) stefi88 and a maximum of thirty-five (35) feet. 1. All liohtino shall be architecturally desianed and limited to a heioht of twenty-five (25) feet. Such liohtino shall be shielded from neiohborino residential land uses. 1. The oroiect shall make orovisions for shared oarkina arranaements with adioinina develooments. k. Drivewavs and curb cuts shall be consolidated with adioinina develooments. whenever oossible, - 21 - CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 4D L Proiects shall orovide a 25-foot wide landscaoe buffer abuttina the externa~;~a~~-o~-;~~~ i~s buffer shall contain two staaaered rows of trees that shall be soaced no m_ a , e ~n center. and a double row hedae at least 24 inches in heiaht at time of olantina ~~d ~~:i~-~~ a minimum of three feet heiaht within one vear, A minimum of 50% of the 25-fo~t' , er area shall be comorised of a meanderina bed of shrubs and around covers oth~~ ih;~ ~r;~s. Existina native trees must be retained within this 25-foot wide buffer area ~ :~~ i~ ~~h~~~~~ this buffer reauirement: other existina native veaetation shall be retained. _h _ _0 i e. ai? in achievina, this ~uffer reauirement. Wat~r retention/detention areas Sh~~~~ ~~~~~~l~ this buffer area If left In natural state. and dratnaae convevance throuah the ___ r ____ ___II be allowed if necessarv to reach an external outfall. m, All buildinas shall have tile roofs, 'Old Stvle Florida' metal roofs, or decorativ~ ~ar:~e~ wai~s above the roofline. The buildinas shall be finished in Iiaht. subdued col r, c ot r decorative trim. n, Pedestrian traffic shall be encouraaed throuah olacement of sidewalks, oede:t:~n ~:~:~v~. and marked crosswalks within oarkina areas, Adiacent oroiects shall coordin_L Ja____t _f sidewalks so that a continuous oathwav is created. 0, All buildinas and oroiects shall utilize a common architectural theme. This theme shall be aoolicable to both buildina desian and sianaae, l2..:. No buildina footorint shall exceed 5 000 sauare feet. unless the oroiect is submitted in the form of a PUO. Walkwavs or courtvards shall connect adiacent buildinas, 9.:. Orive-throuah establishments shall be limited to banks, with no more than three (3) lanes: the drive-throuah areas shall be architecturallv intearated with the rest of the buildina, L. Fences or walls mav be constructed on the commercial side of the reauired ~:~~s~~~ b~~~r between adiacent commercial and residential uses. If constructed. such fen___ _r s II not exceed five (5) feet in heiaht. Walls shall be constructed of brick or stone. ::n~~~ ~h:l~ be of wood or concrete oost or rail tvoes, and shall be of ooen desian (not c_v_r _ b~ _Us, boards or wire), ~ Proiects directlv abuttina residential orooertv (orooertv zoned E-Estates and ~t~~~~ ~n aooroved conditional use) shall orovide. at a minimum, a seventv-five (75) feet wid_ _ r 'n which no oarkina uses are oermitted. Twentv-five (25) feet of the width of the t~~ff~r ;~~i ~~~ develooed area shall be a landscaoe buffer, A minimum of fiftv (50) feet of __ u r i h shall consist of retained native veaetation and must be consistent with sUbsect~~n f~~5~~7~~-~f the LOC, The native veaetation retention area mav consist of a oerimeter be b ed for water manaaement detention, Anv newlv constructed berm shall be re-v~~~t;t~d t~ ;;'~et subsection 3.05.07H of the LDC (native veaetation reolantina reauirements), ~i~it~~~a~~ ~n order to be considered for aooroval. use of the native veaetation retention a___ ___ __Lr manaaement ourooses shall meet the followina criteria: 1.. There shall be no adverse imoacts to the native veaetation beina retained. The ad~i~~ov~al water directed to this area shall not increase the annual hvdro-oeriod unless it is _----n that such would have no adverse imoact to the existina veaetation, 2.. If the oroiect reauires oermittina bv the South Florida Water Manaaement District. the oroiect shall orovide a letter or official document from the District indicatina that the nati~e - 22- CP-2007-1, Wilson Boulevard Commercial Subdistrict Agenda Item 40 veaetation within the retention area will not have to be removed to comolv with water manaaement reauirements. If the District cannot or will not suoolv such a letter. then the native veaetation retention area shall not be used for water manaaement. 3... If the oroiect is reviewed bv Collier Countv, the Countv enaineer shall orovide evidence that no removal of native veaetation is necessarv to facilitate the necessarv storaae of water in the water manaaement area, 1. If the oroiect is submitted as a PUD, it shall orovide a functional oubHc ooen-soace comoonent. Such oublic ooen-soace shall be develooed as areen soace within a oedestrian- accessible courtvard, as oer Section 4.06,03B,3. of the LDC, as in effect at the time of PUD aooroval. Y..:. At the time of rezonina, anv orooosal to allow an automotive service station. convenience store. fast food or drive-in restaurant. or other similar hiah-intensitv use. shall be evaluated for comoatibilitv and adeauacv of inaress/earess. v, The followina orincioal oermitted uses are orohibited: .L Eatina Establishments and Places (5812), Fast Food. Drive-in, and Drive-thru 3... Drinkina Places (5813) and Liauor Stores (5921) 4.. Mail Order Houses (5961) ~ Merchandizina Machine Ooerators (5962) 6.. Power Laundries (7211) L Crematories (7261) (Does not include non-crematorv Funeral Parlors) B... Radio. TV Reoresentatives (7313) and Direct Mail Advertisina Services (7331) 9.. NEC Recreational Shootina Ranaes, Waterslides. etc, (7999) 10... General Hosoitals (8062), Psvchiatric Hosoitals (8063), and Soecialtv Hosoitals (8069) .1L Elementarv and Secondarv Schools (8211), Colleaes (8221), Junior Colleaes (8222) 12.. Libraries (8231) 13... Correctional Institutions (9223) 14.. Waste Manaaement (9511) 15.. Homeless Shelters and Souo Kitchens w. No less than fiftv (50) feet and no more than sixtv (60) feet of ROW shall be reserved alona the frontaae of Wilson Boulevard, with accommodation of water manaaement (acceotance. storaae. and attenuation) for the future northbound lanes, x. Petitioner shall be resoonsible for orooortionate share of cost of desian and construction to achieve the increased intersection caoacitv when the Wilson Blvdllmmokalee Road intersection underaoes the next desian imorovement (currentlv bumoed outside of the 5 vear ~ - 23- .__"____,........;._.._'''''''''''...-_. .!W' _~-\ .~.."'____ CP-2007-1, Wilson Boulevard Commercial Subdistrict PREPARED BY: :. :c-, Dvl tl\fn~\f~n Corby L. Schmidt, AICP, Principal tPlanner Comprehensive Planning Departmbnt I REVIEWED BY: ~-, :I ll' _,L---- . - David C. Weeks, AICP, Planning Manager Comprehensive Planning D;partr:nent jl -; , (iL REVIEWED BY: Randall J. Cohen, AICP, Director Comprehensive Planning Department ~- ~ APPROVED BY: AiJ ~~ /I . ' Joseph K. Schmitt, A~m nistrator Community Develop~nt and Environmental Services Division PETITION NO.: CP-2007-1 Staff Report for the October 19, 2009 CCPC Meeting. DATE: DATE: DATE: DATE: Agenda Item 40 q I ~::U 1(/ C\ ! {- I L ic; (l, ) l\ C;? ~~'/'i NOTE: This petition has been scheduled for the January 19, 2010 BCC Meeting, COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, Chairman - 24- I~ ! ''\ i~ I \\!~ ' I I! , i " I ' -n--~~'i'~-, ; Q---l-------L--------------.~ ~~ ->. f ~ ~ J ~ ~ j I ~ ~1ii -: i " ~ ~~~~~ ~~ ?] '< co go n I, o;=-= I ,om""'~~'\: ~~ OJ -l ::;I G) "tl 0 I'""' I "tI .. DJ Q. : ,,:"-. ,,< ~ ~~ ~ ~ ~ s:: ~ 3 (I) a .. 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[, ------ :i I, :i I, !n :::0 :00 'U1 : (X) I , , I -I o :E z> 110< m C3: Z -l> <;0 m- ;ill> (f) - --~ -I ' - -< , I \ '\ -0 m z o z G) G) s: -0 -:t> m :t>(J) cn(') -;0 oS:: -"s:: (')m . ;0 ;0(') - <o:t> 01. ~ --- s: :t> ;0 ^ m -; :t> ;0 m :t> / / CP-2iJ[)7-2 Immokalee Hoad/(=:'il Well Road Cnmmec,~~ial ~)lJbdi.stricr "~'Jenda I tern 4c. 8, "- c::::o~-y C::::OUn."ty ~ ..- - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: October 19, 2009 FROM: RE: PETITION CP-2007-2, IMMOKALEE ROAD/OIL WELL ROAD COMMERCIAL SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMITTAL HEARING) Coordinator: Carolina Valera, Principal Planner AGENTI APPLICANT: Agents: Mr, Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via del Rey Bonita Springs, FL 34134 Applicant/Owner: Thomas E. and Patricia A. Sams 764 Grand Rapids Boulevard Naples, FL 34120 Richard Y ovanovich Goodlette, Coleman & Johnson, P,A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Rae Ann Boylan Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Fort Myers, FL 33966 GEOGRAPHIC LOCATION: The subject property, containing :t10.28 acres, is located at the southwest corner of the intersection of 33rd Avenue NE and Immokalee Road (C.R. 846), opposite Oil Well Road (C.R. 858), in Section 15, Township 48 South, Range 27 East, and is located within the Rural Estates Planning Community (see zoning map and aerial on page 2.) t:::'P-2007-2 Irnmokalee R')a'~1/0i fHell poa.d C'cmmet"cl3.1 ::;ubdi.stricr Agenda Item 4.E. SULlECT PROPERTY -L j E ,1-'" II 'l~ .'It - -' 1 > I't" ., t '~H~J '-iI' .,~ II ~ 1:1. : __> ' I,:, _~._. _ :6 I ]] .----L ~ [} I ~ ~:-nH::1 . I Ii :-l-'~ I 14" l!lt!. ~ I M!!I !2 " I~' r.J 1;;- !? I:; ~ll 1 ~ .3311i :r.,\,[Hu('~:- ~ I -I .. 1JPDlliC;UIUE~ I .'-r t .. .....i ZONING MAP EXCERPT AERIAL 2 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E, REQUESTED ACTION: The subject property is designated Estates, Estates-Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map of the Golden Gate Area Master Plan (GGAMP) Element of the Collier County Growth Management Plan (GMP), This petition seeks to establish the Immokalee Road/Oil Well Road Commercial Subdistrict by amending the GGAMP Element and the Golden Gate Area Future Land Use Map and map series to re- designate the subject :!:10.28 acres of land to the Estates-Commercial District, Immokalee Road/Oil Well Road Commercial Subdistrict designation, The proposed text changes, shown in strike-through/underline format, are as follows (Words underlined are added, words ~ through are deleted; row of asterisks [***] denotes break in text.) GOLDEN GATE AREA MASTER PLAN [Page 5] Policy 1.1.2 The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ************* B. ESTATES - COMMERCIAL DISTRICT 1. Interchange Activity Center Subdistrict 2, Pine Ridge Road Mixed Use Subdistrict 3, Randall Boulevard Commercial Subdistrict 4. Commercial Western Estates Infill Subdistrict 5, Golden Gate Estates Commercial Infill Subdistrict 6, Immokalee Road/Oil Well Road Commercial Subdistrict ************* B. Estates - Commercial District ************* [Page 38] Immokalee Road/Oil Well Road Commercial Subdistrict The Immokalee Road/Oil Well Road Commercial Subdistrict is located northwest of the intersection of Immokalee Road and Oil Well Road, The subdistrict is approximatelv 10.28 :t acres and consists of all of Tract 97. and Tracts 119 and 120. less right-of-way. Golden Gate Estates. Unit Number 36, The subdistrict allows commercial uses that will serve the needs of residents in the immediate and surroundina area. The followina criteria will requlate development within the subdistrict: 1. A rezone of the property shall be encouraqed in the form of a Planned Unit Development. 2. Allowed uses shall be those permitted and conditional uses in C-1. C-2 and C-3 zoning districts. includinq but not limited to financial institutions. pharmacies. medical office uses and hardware stores qreater than 5.000 square feet. Alternatively. the site may be developed with Sinqle Family dwellinas or conditional uses. as allowed in the existinq E - Estates zoninq of the properties in the Subdistrict. 3 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4,E. 3, A maximum of 70,000 square feet of qross leasable floor area will be allowed. This limitation does not applv if the Subdistrict is developed under the existinq E - Estates zoninq, 4, Drive-throuqh establishments shall be limited to financial institutions with no more than three lanes and pharmacies with no more than two lanes. The drive-through areas shall be architecturallv inteqrated with the rest of the building, 5, If developed for commercial use. or conditional use allowed under the E - Estates zoninq district. a 75-foot wide buffer of retained native veqetation shall be provided alonq the western boundary of the subdistrict to provide separation between these uses and Estates residential uses, No parkinq, water manaqement. or accessory structures will be allowed in the buffer area. This buffer requirement onlv applies if the Subdistrict is developed with uses allowed in the C-1, C-2 or C-3 zoninq districts, or with conditional uses allowed under the E - Estates zonina district. 6, Inaress and eqress points may be located on either Immokalee Road or 33rd Avenue NE. * * * * * * * * * * * * * * FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map * * * * * * * * * * * * * * Golden Gate Parkway Institutional Subdistrict Immokalee Road/Oil Well Road Commercial Subdistrict PROJECT DESCRIPTION: The petitioners are requesting approval for a new commercial subdistrict, consisting of up to 70,000 square feet of uses allowed in the C-1, C-2, and C-3 commercial zoning districts on :t1 0,28 acres. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The project site is presently undeveloped, heavily wooded, relatively flat, and has frontage to 33rd Street along the north of the property (about :t690 feet), and Immokalee Road (C.R, 846) along the east of the project site (about :t660 feet). The southeast corner of the property is located about 37 feet south of, and opposite, the intersection of Immokalee Road (C.R, 846) and Oil Well Road (C,R. 858). The subject property is zoned Estates (E), In accordance with the Land Development Code (LDC), the HE" zoning district is intended to allow development of low density residential development in a semHural environment, with limited agricultural activities. The subject property is designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, on the Future Land Use Map, This designation is characterized by low density semi- rural residential lots with limited opportunity for other land uses. The typical lot within this designation is about 2.5 acres in size and density is limited to one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts within the Estates Designation, 4 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4,E. Generally, the Estates designated area also accommodates future non-residential uses, including essential services per the LDC; parks, open space and recreational uses; group housing; schools and school facilities, The GGAMP element contains specific criteria and conditions for the conditional uses, The subject site does not qualify for Estates zoning district conditional uses, Surroundina Lands: North: 33rd Street, then five parcels zoned Estates (from west to east): one parcel occupied with a single family dwelling, then three undeveloped parcels, and then a parcel that abuts Immokalee Road (C,R. 846), owned by Collier County Government, and which is presently utilized as a water retention area. All of these parcels are designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, on the Future Land Use Map. South: A parcel of land zoned Estates developed with a single family dwelling, and designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, on the Future Land Use Map, East: Immokalee Road (C.R. 846), then (from north to south): a portion of the Orangetree MPUD, zoned R2 (residential), and developed with single family dwellings; and then a portion of the Orangetree MPUD, zoned CN (commercial), developed partly with an automobile gas station and convenience store, Most of the CN tract is currently undeveloped and cleared of vegetation, All these parcels are designated Agricultural/Rural - Settlement Area District, on the Future Land Use Map. West: Undeveloped parcel, zoned Estates and designated Estates, Estates Mixed Use District, Residential Estates Subdistrict, on the Future Land Use Map. As the aerial on page 2 shows, most of the lands that surround the subject site are developed with single family dwellings, except for that portion of land directly across Immokalee Road (C,R, 846), south-east of the subject property, which is zoned to allow commercial development in the Orangetree MPUD, Historv of Ownership of the Subiect Tract of Land. The County Property Appraiser's records and the application for this amendment to the GGAMP both show that the current owners caused the recordation of deeds in their names for the subject property in February and September, 1986 for tracts 119 and 120 (the portion of the property that abuts Immokalee Road) and in July, 2008 for tract 97. The initial GMP amendment submittal to the County was proposed to re-designate only parcels 119 and 120, or that portion of the property that abuts Immokalee Road, The submittal was subsequently amended in September of 2008 to include parcel 97, which is about half of the proposed GMP amendment's project site, The applicant asserts that the additional 5 acres of land was added to allow the inclusion of a 75-foot vegetative buffer along the west side of the property as a criteria requirement of the proposed commercial subdistrict in order to be consistent with other existing commercial subdistricts in the Estates designated area of the County. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab, This document addresses some items common to all 5 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4,E. petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. 2008 Lea islation - H B 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008, DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions, The petitioner failed to address this statutory requirement. Staff anticipates the Florida Department of Community Affairs (DCA) will raise an objection in the Objections, Recommendations, and Comments (ORC) Report should this petition be approved for transmittal to DCA. Environmental Impacts: The environmental report prepared by Boylan Environmental Consultants and submitted with this petition, dated March 30, 2009, indicates the following: · The project site includes a roadside ditch; spoil areas with exotics; and native habitats of pine flatwoods and cypress wetland with varying degrees of exotics, The hydric soils of Malabar fine sand; and Boca, Riviera, limestone substratum and Copeland fine sands, depressional were found on site. · The listed species survey conducted on site concluded that there were no listed species found utilizing the site, and there were no signs of any listed species. Non-listed species observed include several song birds, and signs of white tailed deer and raccoons were visible. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: 1, No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. 2, Staff has not verified the provided Florida Land Use Cover & Forms Classification System (FLUCCS) mapping and does not approve it with this petition, Staff will verify the FLUCCS as part of the re-zoning process. 3, Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan.) The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Plan (CCME) Section 6.1.1 (4). Conclusion. In accordance with County staff and the Protected Species Survey submitted by Boylan Environmental Consultants, it appears that no listed species have been observed on the subject property. Additionally, a wetland area was identified. No additional environmental issues were noted by staff or the applicant's report. Historical/Archeoloaicallmpact: Staff review of the historical/archeological probability map reveals that the site lies outside of an indicated area of historical/archeological probability, Also, the applicant has supplied a letter dated March 30, 2009 from Celeste Ivory, State of Florida Historic Preservation Officer, which states, "the Florida Master Site File lists no previously recorded cultural resources in the following parcel of Collier County: T 48S, R27E, Section 15," The letter includes considerations for unrecorded archeological sites, historical structures or other resources, and the requirements for formal review contained under the Compliance Review Section of the Division of Historical Resources, 6 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. Traffic CaDacitv/Traffic Circulation Analvsis ImDacts: Capital Improvement Element (CIE) Policy 1,2 sets forth that the County Commission shall not approve any rezone request or FLUE amendment that significantly impacts a deficient roadway segment. Policy 1.2, subsection B states: "The Board of County Commissioners shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP) or Immokalee Area Master Plan (lAMP) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall County transportation system, The Board shall not approve any such petition or application which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (1) a deficient roadway segment or adjacent roadway segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections, for all public facilities, for the variable "D", unless one of the three items listed below simultaneously occurs: (a) Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; (b) The adopted population standard used for calculation of"Q" in the formula Q = (S x D) ~ I is amended based on appropriate data and analysis; (c) The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element." The Traffic Impact Study (TIS) prepared by Q, Grady Minor, P.A., asserts that the impact of the project traffic volume on the roadway network surrounding the project is not detrimental and that the traffic volume does not degrade the level of service of any of the roadway links within the project's radius of development influence below acceptable standards, This assertion is based on a 5-year window period and a 2 percent compound growth rate, The study notes that traffic volume is less than 2 percent. The TIS also notes that an access to the project is proposed on 33rd Street, which is to be accessed from the existing southbound right lane on Immokalee Road (C.R. 846) onto 33rd Street. A second access to the project is proposed directly onto Immokalee Road (C.R, 846), which is to be accessed by traffic entering the project from the south by the existing northbound left turn lane located at the intersection of Immokalee Road (C.R. 846) and Oil Well Road (C.R. 858). Collier County Transportation Planning staff has reviewed this project and their assessment is as follows (references are to the petitioner's TIS): 1, As stated during the sufficiency review, no connection to Immokalee Road will be granted, Please revise the traffic analysis to focus on a project entrance on 33rd. 2. Page 4, Section 5.0 - Show why the minimum 2% growth rate has been used. Needs justification, or use the actual growth rate if it's higher. 3, Page 4, Section 5,0 (paragraph 2) - Use the current service volume shown for the section of Immokalee Road north of Oil Well Road. The preparer may not inflate the adopted service volume. Revisions to table 6 will be needed as well. 4, Figure 2 - Drop-off percentage into Estates area south of the site is inordinately high. Only 4th Street NE exists in this location. 7 CP-2007-2 Immokalee Road/Oil %'ell Read Commercial Subdistrict Agenda Item 4.E. 5, Section 7.4 - The methodology used for determining the volume of the adjacent street traffic is not allowable methodology, The applicant may not use a calculated traffic projection as a basis for a pass-by reduction. Also, please use the roadway segment that fronts the site (Immokalee from Oil Well to SR-29). The applicant may not use background volumes from nearby segments, only adjacent segments. Use of nearby segments begins to look at diverted trips instead of pass-by. 6. Table 7.6 - The direction of the 'Add. Trips' is not shown. Please show both directions of trips, Show the percentage impact of each direction. 7. Please confirm that the trip generation rate for LUC 820 is inclusive of the highest potential trip generator that will be allowed by this amendment. Gas stations and convenience stores offer a significantly higher trip generation rate than LUC 820, if allowed. Other examples of higher trip generators may be present; please include it in the response, Conclusion. Consistency with Policy 5.1 of the Transportation Element of the GMP of the proposed additional 70,000 square feet of commercial development cannot be determined as the data and analysis contained in the TIS is in some cases skewed (as is the case of the service volume data shown in Table 6 for Immokalee Road), erroneous in others (as is the case of the methodology used for determining the traffic volume of surrounding streets to the project), or absent in some of the calculations (as is the case of data to demonstrate "add trips" impact of the project on road segments and LOS,) Furthermore, in accordance with Transportation staff, a direct access to the project at the intersection of Immokalee Road (C.R. 846) and Oil Well Road (C,R. 858) requires the addition of a signal phase (at a minimum) to the recently improved intersection, which adds delay at the signal and can potentially cause the intersection to fail. Additionally, the County may need to purchase land in order to accommodate the direct access of the project onto Immokalee Road (C.R. 846), All these improvements are not contemplated within the County's 2009 AUIR, and are not part of the existing County's CIE. Public Facilities Impacts: The subject property is outside the Collier County's Water and Sewer District urban boundary, The petitioner states that if adequate capacity is not available in regard to potable water and sanitary sewer at the time of development, then on-site facilities may be provided to serve the needs of the project. Additionally, the project is designed to comply with the 25 year, 3-day day storm routing requirements for drainage impact. Also, no adverse impacts to the existing solid waste facilities, parks, schools, fire control, and Emergency Medical Services are anticipated with the proposed project. Collier County Public Utilities staff has reviewed this project and provided the following comments: According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the CCWSD will include the Orangetree Area, Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates. There are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road, The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants. Water and sewer services are not currently available. These pipelines will be activated when the North East Plant is ready. Per the current AUIR, the North East Plant project is projected to be constructed and in service by 2018. Collier County Public Utilities does 8 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. not guarantee a time frame for construction of its capital projects, If adequate capacity is not available, on-site facilities may be provided to serve the needs of the development as stated in the Public Facilities Level of Service Analysis in this application, Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Boulevard and in Golden Gate Estates, inclusive of the subject petition, Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation, The attached location map (Pending GMPAs Locations East of CR 951) identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area. The table below also provides information about these five petitions seeking amendment to the Golden Gate Area Master Plan. The attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions. Petition Location # Acres Request CP-2007-1 SE corner CR846/Wilson Blvd. 5,17 Create Wilson Blvd, Commercial Subdistrict to allow max. of 40,000 S,F. of com'l uses CP-2007-2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max. of 70,000 S.F. of C-1 thru C-3 com'l uses CP-2007-3 south side of CR858, 1/4 mile west of 21,72 Create Mission Subdistrict to allow Everglades Blvd, institutional uses (church and related uses, e,g, child & adult day care), and limited C-1 com'l uses (90,000 s.f. total, inclusive of 2,500 s.f. of com'l) CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center Gate Blvds, Subdistrict to allow 225,000 s.f of com'l uses, with requirement to provide a grocery store [portion of site (4.98 acs,) lies within existing Neighborhood Center and could vield 30,099 s,f, of com'll CP-2008-2 south side of CR846 & Randall Blvd., 56,50 Expand and modify Randall Btvd from canal east to 8th Street NE Commercial Subdistrict to add 390,950 (inclusive of BCI Fire Station, existing s,f. of limited C-4 & C-5 com'l uses Randall Blvd. Com'l Subdistrict, and [zoning in existing Subdistrict allows OOF fire tower site). 41,000 s.f. of com'l on 7.53 acs.] sum 134.29 769,450 s,f. of com'l [728,450 s,f. is new] [121,78 acres are new] Collier Interactive Growth Model: The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning effort to assess the County's ability to accommodate growth within the County east of Collier Boulevard (CR 951), Included in the second phase of the study was the development of a Collier County Interactive Growth Model (CIGM), The Board adopted the CIGM as a planning tool at its advertised public hearing on January 13, 2009, This model was developed to assist in projecting population and its spatial distribution over time to build-out in all areas lying east of CR 951, The interactive growth model is also utilized to approximate the timing and location of commercial and industrial centers, school facilities, parks and recreational facilities, fire stations, etc. The commercial sub-model is designed to project the demand for neighborhood, community and regional centers that include retail and other commercial uses, This sub-model helps to 9 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E, spatially allocate the optimal locations for these centers required as a function of time and population, and as a result of disposable incomes of the population. Guidelines for Commercial Development used in the CIGM: · Number of Persons per Neighborhood Center: 13,110 · Number of Persons per Community Center: 34,464 · Number of Persons per Regional Center: 157,324 · Number of Acres per Neighborhood Center: 11 . Number of Acres per Community Center: 28 · Number of Acres per Regional Center: 100 . Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita) . Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita) . Square Feet Building Area per Regional Center: 1,000,000 (6,36 SOFT per Capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses. Based on the population thresholds used in the CIGM, staff has developed commercial analysis for petition CP-2007-2 as follows (see attached CIGM maps): . Existing and Potential Commercial SOFT (see Map 1, attached) Within the petition's defined primary trade area (PT A), there are 23,350 SOFT of existing commercial development and 277,650 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the PT A is 301,000, . Housing Units & Population (see Map 2, attached) Based on the CIGM, the total housing units and total population in the PT A are/will be: 2007 - 2,067 units and 5,970 persons; 2010 - 2,403 units and 6,952 persons; 2015 - 3,024 units and 8,735 persons; 2020 - 3,650 and 10,516 persons; 2025 - 4,235 units and 12,171 persons; and, 2030 - 4,747 units and 13,604 persons, . Square Footage Demand for a Community Center (see Map 3, attached) The total existing/projected population within the PT A translates into an existing! projected demand for commercial space within the PT A as follows: 2007 - 5,970 persons yields demand for 44,656 square feet of commercial (7.48 SO FT per capita); 2010 - 6,952 persons yields demand for 52,001 SO FT; 2015 - 8,735 persons yields demand for 65,338 SO FT; 2020 - 10,516 persons yields demand for 78,660 SO FT; 2025 - 12,171 persons yields demand for 91,039 SO FT; and, 2030 - 13,604 persons yields demand for 101,758 SO FT, The existing and potential commercial SOFT (Supply) within the PTA is 301,000 (for community and neighborhood commercial, combined); therefore, there will not be a need for a community center in this PT A, at a minimum, after the year 2030, since the commercial projected demand by that year is only about a third of the existing and potential square feet of commercial space, However, it is acknowledged that the subject site is more likely to develop with neighborhood commercial uses given the proposed square feet (70,000 square feet maximum), · Square Footage Demand for a Neighborhood Center (see Map 4, attached) The total existing/projected population within the PT A translates into an existing/ projected demand for commercial space within the PT A as follows: 2007 - 5,970 10 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E, persons yields demand for 50,447 square feet of commercial (8.45 SOFT per capita); 2010 - 6,952 persons yields demand for 58,744 sa FT; 2015 - 8,735 persons yields demand for 73,811 sa FT; 2020 - 10,516 persons yields demand for 88,860 sa FT; 2025 - 12,171 persons yields demand for 102,845 sa FT; and, 2030 - 13,604 persons in 2030 translate to 114,954 square feet demand for commercial space. The existing and potential commercial SOFT (Supply) within the PTA is 301,000 (for community and neighborhood commercial, combined); therefore, there will not be a need for a neighborhood center in this PT A, at a minimum, after the year 2030, since the commercial projected demand by that year is more than half below the existing and potential square feet of commercial space, Conclusion. The present supply of community and neighborhood commercial, combined, is 301,000 square feet, according to the CIGM, However, this is based solely on the total commercial acres/square feet without considering parcel sizes, Most of the inventory (supply) is comprised of parcels too small to accommodate community commercial uses; therefore, most of the supply is suitable for neighborhood commercial uses - the very type of commercial proposed by this petition. Even as far as 2030, the demand for combined commercial and neighborhood commercial is about 217.000 square feet versus the supply of 301,000 square feet. Staff concludes there is no demand for more neighborhood commercial in the vicinity of the subject site. Data Sources: The CIGM analysis for this petition utilized: (1) the 2007 commercial inventory prepared by the Collier County Comprehensive Planning Department; (2) present GMP designations that allow commercial zoning; (3) housing unit and population projections prepared by the CIGM consultant, which account for vacancy rates, There is a minor discrepancy between the CIGM population projections and those prepared by the Bureau of Economic and Business Research at the University of Florida, Aoorooriateness of Chanae: The proposed Immokalee Road/Oil Well Road Commercial Subdistrict is located on a major arterial road, but is mostly surrounded by land zoned for, and developed with, residential uses. The application document states that many changes have occurred in the area since the purchase of the property (1986 and 2008), which decreases the viability of the site to be developed with residential uses or other uses allowed in the GGAMP. However, the submitted data and analysis does not support the assertions in regard to increased traffic and urbanization in the area, It is also stated that there is a need for medical offices, urgent care facilities, veterinary offices or a pharmacy in the area, These assertions by the petitioner are not justified or supported by the data provided with this petition request. The petition request document lacks a market study with considerations such as dwelling units projections; population projections; persons per household and vacancy rates; and disposable income, Although Conditional Uses are not allowed on the subject property per the GGAMP, residential development and family care facilities are presently allowed, as well as essential services and parks. The lots that comprise the subject site are not the typical urban-sized lots. The typical lot in the Estates designated area of the County is about % of the subject property, or 2,5 acres, It appears that the :!:10,28 subject property could accommodate the necessary buffering from noise and lighting from a perceived traffic increase, and that safety features could be included in order to shield the subject property from Immokalee Road. Therefore, the subjective statement that the subject site is no longer suitable for residential development, or with uses currently allowed in the GGAMP, is not justified with the provided data and analysis of this amendment petition, 11 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E, The commercial demand analysis contained in the application document does not include an analysis of existing and projected population versus existing and projected commercial demand within the subject's market area, in this case a neighborhood center, and a radius of 2 miles, The petition document seemingly attempts to justify demand by including population outside the subject market area. Some data is provided in effort to support this request but it is accompanied with minimal analysis. Additionally, it is stated that the 2008 Commercial Inventory Database (obtained from the County) includes golf courses, tourist attractions, and conservations lands, as commercial property, Staff acknowledges this has occurred in some past years but was/is unaware such still occurs. Regardless, it is staff's opinion that the applicant should be expected to review the data and revise/correct it as necessary prior to submitting it as data intended to support the petition. The CIGM model does not include golf courses and other such uses as commercial properties. As stated in the CIGM discussion, existing and potential commercial demand within the market area of the subject property does not warrant approval of the proposed GMP amendment. Furthermore, there is existing commercial property within the Orangetree MPUD, less the commercial development opposite (SE of) this site, and a pending petition to increase this to 332,000 square feet. Additionally, the granting of this amendment could have negative impacts upon the existing adjoining and nearby single family development to the north, west, and south of the subject property. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS Synopsis provided by Carolina Valera. A Neighborhood Information Meeting (NIM) was duly advertised, noticed and held on September 15, 2009 at 5:30 p,m, at the administrative facility of the Big Corkscrew Island Fire Control and Rescue District station. The meeting was attended by 8 residents in addition to Heidi Williams of O. Grady Minor & Associates, P,A. as Owner Representative/Consultant to the applicant, and Carolina Valera, Principal Planner from Collier County Government. Mr. Sams (owner of subject site) and a person that identified himself as Mr. Sams personal representative, were also in attendance. A brief presentation was made by Ms. Williams and Mrs. Valera explaining the GMP amendment application and process, It was stated that in order to be consistent with existing approved commercial subdistricts in the GGAMP, the proposed :t10.28 acre subdistrict will include development standards such as a 75-foot buffer along the west side of the property and will only allow low intensity type uses including medical offices, financial institutions and home improvement stores. It was stated that the traffic study, which is part of the GMP amendment packet, shows that the additional proposed commercial square footage would not adversely impact the existing traffic capacity on Immokalee Road. Ms. Williams also shared with the audience some draft site plans that she noted will probably change along the amendment process and subsequent rezoning process in order to refine and/or include features, Please note that these plans are not part of the GMP amendment application packets and were not reviewed by staff. Ms, Williams stated that the plans were provided at this meeting so that the audience could have a visual representation of proposed features of the project, such as the 75- foot buffer along the west of the property, parking configuration, and vehicular access to the property from both Immokalee Road (along the east side of the property) and 33rd Street (along the north side of the property.) Most of the comments from attendees (mainly from two members of the audience) included: · Opposition to this or any additional commercial project in the Estates designated area. Reasons stated for this opposition included: the existing vacant commercial still available 12 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. for development; the potential for development of certain commercial uses such as liquor stores and warehouses, since these uses are not compatible with the residential neighborhood; the desire to preserve the residential character of the area; and the potential additional traffic onto 33rd Street. . Vegetative buffers are typically composed of small plants that require several years to reach the point that would allow an effective screening, Also, the proposed buffer width is not sufficiently wide to accomplish its screening purpose. Ms, Williams stated that the proposed vegetative buffer would be composed of retained native vegetation and that the width of the buffer was consistent with other existing commercial subdistricts in the Estates designated area, . Opposition to a potential access from 33rd Street because such an option will increase traffic and will change the residential character of the area, Ms. Williams indicated that the proposed access from 33rd Street, as depicted in the plans that were presented to the audience at the NIM, is a requirement of the Transportation Planning staff, and that they will not allow access to the subject property from Immokalee Road, which is the petitioner's preferred option. Ms, Williams also added that Transportation staff has requested that the access on 33rd Street be located as distant as possible from Immokalee Road, The NIM was originally scheduled for August 31, 2009, but was not duly noticed. Letters to surrounding property owners were mailed on time, but the required newspaper ad was published only 3 days before the public meeting, The required newspaper ad must be published, at a minimum, 5 days before the scheduled NIM, Because letters had already been mailed out and the ad had been [incorrectly] advertised, Ms, Williams informed County staff that she would be present at the location were the NIM was to take place. County staff was informed that 7 residents were in attendance in addition to Ms. Williams, The following is a synopsis provided by Ms, Williams to staff via e-mail: "Although the meeting was unofficial on Monday evening (8/31), I am passing along some of the comments shared with me about the proposed Subdistrict, as you requested. Approximately seven people attended the meeting. Two were in support and three were opposed, while the other two were concerned about noise. The owner of the gas station across lmmokalee Road was in support of commercial, but not of another gas station, One resident felt it was important to have services and employment opportunities in the area and supported the project, The opposed residents were owners ofproperty on 33rd Avenue NE. They did not want commercial in the neighborhood, The two gentlemen concerned about noise were residents of Watenvays and their homes are across a lake that separates the community from lmmokalee Road, Apparently the existing buffer is not very effective because they claim noise travels easily across the lake to their lanais. Despite the differences among participants, everyone seemed to think it made the most sense to access the site from the signal at Oil Well rather than by the local road. I explained this was also the applicant's request, but Transportation staff was not in support at this time, I let everyone know the "official" meeting was rescheduledfor September 15lh," FINDINGS AND CONCLUSIONS: · Consistency of the proposed additional 70,000 square feet of commercial development with Policy 5,1 of the Transportation Element of the GMP has not been demonstrated in the TIS submitted as part of this petition request. . Transportation Planning staff does not support access on Immokalee Road, and access on 33rd Street may impact the residential character of the surrounding area, The Neighborhood Center Subdistrict of the GGAMP states that centers are designed to 13 CP-2007-2 rmmokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. concentrate all new commercial zoning in locations where transportation impacts can be readily accommodated, Though not specifically named as Neighborhood Center Subdistrict, this site will function as such; it allows the same uses and is of similar size, The proposed center, based upon the Transportation Division's concerns over access, would contradict the design criteria established within the GGAMP, · The proposal could have negative impacts upon the existing adjoining and nearby single family development and may lead to other future similar requests from owners of other properties immediately adjoining the boundaries of the proposed subdistrict. · The CIGM model projects that a neighborhood center is not warranted within the subject property's PT A, at a minimum, until after the year 2030. · The petitioner's data and analysis does not fully justify the proposed re-designation, · The habitat value of the site does not constrain approval of the requested re-designation. · Development in this subdistrict would be subject to the lighting restrictions in Policy 5,1.1. · The proposed Subdistrict uses are similar to those allowed in the GGAMP Neighborhood Centers, as are some development standards. Nonetheless, this GMP amendment is inconsistent with the GGAMP visison for commercial development in Golden Gate Estates. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the County Attorney. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2005-4 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, IF the CCPC should choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict, mostly for proper format, use of code language, succinctness, and clarity. In addition, in as much as this petition proposes neighborhood commercial uses, staff recommends several text revisions and additions to reflect requirements and limitations of the Neighborhood Center Subdistrict in the GGAMP, (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double Eltril~e thr9l:l~R text is deleted, as proposed by staff.) 6. Immokalee Road/Oil Well Road Commercial Subdistrict The Immokalee Road/Oil Well Road Commercial Subdistrict is located northwest of the intersection of Immokalee Road and Oil Well Road. ~ This sSubdistrict +s comprises approximatelv 10.28 :t acres and consists of all of Tract 97. and Tracts 119 and 120. less right-of-wav, Golden Gate Estates. Unit Number 36. The puroose of this s8ubdistrict is to allows commercial uses that will serve the needs of residents in the immediate and surroundinq area. TRg f@lIewinQ QritoriGl viill rGGll:JlatQ 8l! development within this *1+9 sSubdistrict shall complv with the followina reauirements and limitations: 14 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4,E. -+.-a A rezone of the property shall be encouraged in the form of a Planned Unit Development. 614 Allowed uses shall be those permitted and conditional uses in the C-1. C-2 and C-3 zonina districts as contained in the Collier County land Develooment Code (lDC) (Ordinance No, 04-41. as amended), exceot as orohibited further below iAel198iFlfij 8b1t Aet limit€l€f te fiA61A8ial iR8tit~tisRS. BReURi:l61eiss. m8€fieElI e#iel'il b1SSS GlA€f IAlElF€I'.ver8 steres eilr13liKsr tRElA 8.999 SElWer9 f99t .l\lt9rRliKi'/€llv. tlx1€l site me': 8El 88VGI8B88 \':itR ~iRElI9 ~aR"lil\' a'A'911iREls sr 89Raiti8Ral ~8e8. ae a1l8'N9a iR tRs suietiAEl Ii! l!!etatge ~9fX1iAEl 9:f tR8 BF88sRige iF! tR9 ~w8ai8tri9t. ~c.. A maximum of 70.000 sauare feet of aross leasable floor will be allowed, +Rf& limitliKi9R €less A9t aBBly if tR9 ~~88istr;iet is a9\'91eB8€l ~fX1El9r tRe El)(i8tiR~ I!! I!!stat9s ~eFliAEI. ~ Drive-throuah establishments shall be limited to financial institutions with no more than three lanes and pharmacies with no more than two lanes. The drive-throuah areas shall be architecturallv intearated with the rest of the buildina. a,.e. If 88'/919898 f9r 8SR"lR"l8H~ial ~&8. er 8GF!€fitienel biGS 6l1113'/JGl8 ~R88r tRs Ii! I!!GtGltEl8 ZSAiREl Elistrie1, a :8 fest 'A'i€f8 BbI#er @f retaiAs€I R61tive V8~8tati8R sAall 138 Br€lvi€le€l a19R~ th13 ':JElstElrR BElblR€lary @f tRe sI:I8€liEltriet t9 ar@vi€lEl SElBaretiElF! BElt'NEleR thsSEl blSGlS aA€l I!!StliK@8 r98i€l61Atial 1:1&8&. ~JQ Barl"iAE!. '::at9r FRanaEl9R"l9Rt. 9r ae8e&89r'l etFw9twr9s will 89 all9w98 iF! tR9 8w#9r area, TRis 8wff9r r9Elwif9R"l8Rt SRI\' aBBli88 if tR9 ~1:l88istri8t i& 8e1l919B88 'NitR WEle8 allew8E1 iR the C 1. C :2 8r C 6 Z61RiREl GJietFiElts. er 'tJith esn€litisRall:ls13El allswGl€ll:ln€l13r the Ii EstliK13s zsniREjI €fistri@t. Proiects directlv abuttina residential property (Prooertv zoned E-Estates and without an aooroved conditional use) shall orovide, at a minimum. a seventv-five (75) feet wide buffer in which no oarkina uses are oermitted. exceot that this reauirement shall not aoolv to that portion of the southern boundary adiacent to the excavation area to the south, Twentv-five (25) feet of the width of the buffer alona the develooed area shall be a landscaoe buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native veaetation and must be consistent with subsection 3.05,07H. of the lDC. The native veaetation retention area mav consist of a perimeter berm and be used for water manaaement detention, Anv newlv constructed berm shall be re- veaetated to meet subsection 3.05,07H. of the lDC (native veaetation reolantina reauirements), Additionallv. in order to be considered for aooroval. use of the native veaetation retention area for water manaaement ourposes shall meet the followina criteria: 1. There shall be no adverse imoacts to the native veaetation beina retained. The additional water directed to this area shall not increase the annual hvdro-oeriod unless it is proven that such would have no adverse imoact to the existina veaetation, 2, If the project reauires oermittina bv the South Florida Water Manaaement District. the oroiect shall provide a letter or official document from the District indicatina that the native veaetation within the retention area will not have to be removed to comolv with water manaaement reauirements. If the District cannot or will not suoolv such a letter. then the native veaetation retention area shall not be used for water manaaement. 3, If the oroiect is reviewed bv Collier County, the County enaineer shall orovide evidence that no removal of native veaetation is necessary to facilitate the necessary storaae of water in the water manaaement area. &:f, Inaress and earess 19@iRt6i me\' 138 I@Bet13GJ on ~ Immokalee Road is orohibited @f. ~lili AVElRl:Je ~JI!!, 15 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. g. Buildina heights shall be limited to one (1) storv tW€l (2) stsri8s and a maximum of thirtv- five (35) feet. h, Allliahtina shall be architecturally desianed and limited to a heiaht of twenty-five (25) feet. Such liahtina shall be shielded from neiahborina residential land uses. i. The oroiect shall make orovisions for shared oarkina arranaements with adioinina develooments. j, Drivewavs and curb cuts shall be consolidated with adioinina develooments, whenever oossible, k. Proiects shall orovide a 25-foot wide landscaoe buffer abuttina the external riaht-of-way. This buffer shall contain two staaaered rows of trees that shall be soaced no more than 30 feet on center. and a double row hedae at least 24 inches in heiaht at time of olantina and attainina a minimum of three feet heiaht within one year. A minimum of 50% of the 25-foot wide buffer area shall be comorised of a meanderina bed of shrubs and around covers other than arass. Existina native trees must be retained within this 25-foot wide buffer area to aid in achievina this buffer reauirement: other existina native veaetation shall be retained, where oossible, to aid in achievina this buffer reauirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state. and drainaae conveyance throuah the buffer area shall be allowed if necessary to reach an external outfall. I. All buildinas shall have tile roofs, 'Old StYle Florida' metal roofs, or decorative oaraoet walls above the roofline. The buildinas shall be finished in Iiaht. subdued colors, exceot for decorative trim. m, Pedestrian traffic shall be encouraaed throuah olacement of sidewalks, oedestrian walkwavs, and marked crosswalks within oarkina areas. Adiacent oroiects shall coordinate olacement of sidewalks so that a continuous oathwav is created. n. All buildinas and oroiects shall utilize a common architectural theme. This theme shall be aoolicable to both buildina desian and sianaae. o. No buildina footorint shall exceed 5,000 sauare feet. unless the oroiect is submitted in the form of a PUD, Walkwavs or courtyards shall connect adiacent buildinas, p, Fences or walls may be constructed on the commercial side of the reauired landscaoe buffer between adiacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in heiaht. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete oost or rail tvoes. and shall be of ooen desian (not covered bv slats. boards or wire). q, If the oroiect is submitted as a PUD, it shall orovide a functional oublic ooen-soace comoonent. Such oublic ooen-soace shall be develooed as areen soace within a oedestrian-accessible courtyard, as oer Section 4.06,03B.3. of the LDC. as in effect at the time of PUD aooroval. r. The followina orincioal oermitted uses are orohibited: 1. Drinkina Places (5813) and Liauor Stores (5921) 2, Mail Order Houses (5961) 3. Merchandizina Machine Ooerators (5962) 4, Power Laundrles (7211) 5, Crematories (7261) (Does not include non-crematory Funeral Parlors) 6. Radio. TV Reoresentatives (7313) and Direct Mail Advertisina Services (7331) 7, NEC Recreational Shootina Ranaes, Waterslides, etc. (7999) 8, General Hosoitals (8062). Psychiatric Hosoitals (8063), and Soecialtv Hosoitals (8069) 9, Elementarv and Secondarv Schools (8211). Colleaes (8221). Junior Colleaes (8222) 10. Libraries (8231) 11. Correctional Institutions (9223) 12. Waste Manaaement (9511) 16 CP-2007-2 Immokalee Road/Oil Well Road Commercial Subdistrict Agenda Item 4.E. 13. Homeless Shelters and SOUD Kitchens. In the alternate to the foreaoina uses. measures of develoDment intensitv~~~d ~~~:~n:n~ standards. this Subdistrict mav be develoDed with sinGle familv dwellinGs d ' f dwellinG unit Der 2.25 acres, PREPARED BY: vii COLINA ALERA, PRINCIPAL PLANNER C MPREHENSIVE PLANNING DEPARTMENT DATE: q.~g .0' REVIEWED BY: JJ-~ Lv~ DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT DATE: q;0;; /or { REVIEWED BY: 1fJ; U . RANDY C0HEN, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT DATE: ~~ 2g~o / I APPROVED BY: DATE: pj;df I / PETITION NO,: CP-2007-2 Staff Report for the October 19, 2009 CCPC Meeting, NOTE: This petition has been scheduled for the January 19, 2010 BCC Meeting, \ COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN, CHAIRMAN DATE: CP.2007.2 SR TH G:\ComprehensiveICOMP, PLANNING GMP DATA\Comp Plan Amendments\2007.2008 Combined Cycle Pet~ions\ 2007 Cycle Pet~ionsICP.2007'2Immokalee Road.Oil Well Road Commercial Subdistrict cv/9.18.09 17 <lOG) ~~Ui 11"U~ ,AI\] G)m" (iiI- _mz OZGl J>Ul ~<~ ;Um.., m"I @ij;;:;:. mZz ~~ Ti Cl );>' <00 mm" -<" mJ> J>;u ;u.., G5~ i::z :g.., , o " '" o o ,'" ," ~ ~ S' '" if " w ~ ,- e ." o ::; m i:: X o o ~ II 01 [] [] ~s:: N"'O ~ w w ~ g: 0 ~ 'Q" CD ~ ~ ;:0 ;:0 (Q po ~ ~G)"'O g. C' s:: 011l- Ul :E s: """ a III Ul ~ x- (3 ~ a b' OJ ex> 3 g () 3 ::s '< III a. (i 0 I ~ ~ ~ N ~ ~ L____~_ )1 il! ;fei ca.-WO I ~J io ~d ;!.I f I I I ! ->. i i f i! 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Tom Gemmer, Director of Administration Owner: Emmanuel Evangelical Lutheran Church of Naples 777 Mooring Line Drive Naples, FL 34102 GEOGRAPHIC LOCATION: The subject property, containing 21.72 ~ acres, is located on the south side of Oil Well Road, approximately one-quarter mile west of Everglades Boulevard, within Section 19, Township 48 South, Range 28 East, and is located within the Rural Estates Planning Community. The proposed Subdistrict is within the Estates Designation, Estates-Mixed Use District, Residential Estates Subdistrict (See aerial and zoning maps below). _._.~~. -p~$posed Project Site E" 10 , II .<}I) <^ I.~^ ".,-,;-, F;,"" i--.-;::-~~- - CP-2007 -3 Mission Subdistrict Agenda Item 4,F. REQUESTED ACTION: This petition seeks to amend the existing Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map Series (GGAFLUM) of the Collier County Growth Management Plan by: 1. Amending Policy 1.1.2.A (Page 4) of the Estates-Mixed Use District to add the Mission Subdistrict; 2. Following Golden Gate Institutional Subdistrict (Page 33), add #5 the Mission Subdistrict; and 3. Creating a new Golden Gate Area Future Land Use Map series map depicting this new Subdistrict, and amending the Future Land Use Map to add this new Subdistrict. The proposed change to Policy 1.1.2,A and the proposed Subdistrict text is as follows: (Single underlined text is added, as proposed by the petitioner.) Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES-MIXED USE DISTRICT 1, Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3, Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5, Mission Subdistrict [new text, page 4] 2. ESTATES DESIGNATION A. Estates-mixed Use District 5. Mission Subdistrict [new text, page 33] This Subdistrict is located on the south side of Oil Well Road, approximately one-auarter mile west of Everalades Boulevard and consists of 21.72 acres, The purpose of the Subdistrict is to provide for a church and related uses. These uses would include the followina uses in the Commercial Professional and General Office District C-1: child care services; health services. offices and clinics, limited to a maximum of 2,500 sauare feet of floor area; social services individual and family; Activity Centers, elderly handicapped onlY, day care centers. adult and handicapped only. reliaious oraanizations. churches and educational plants (private school), The maximum total floor area allowed is 90,000 sauare feet. The maximum heiaht of buildinas shall be 30 feet. Development in the sub district shall be desianed to be compatible with the existina and future development in the surroundina area, In the alternate to the foreaoina uses and measures of development intensity. the Subdistrict may be developed with sinale family dwellinas at a density of one dwellina unit per 2.25 acres. PROJECT DESCRIPTION This petition proposes to create a new Subdistrict in Golden Gate Estates on :1:22 acres to allow up to 90,000 square feet of institutional uses, inclusive of 2,500 square feet of 2 _.,,___;,~__-_""_IU"'.1 CP-2007-3 Mission Subdistrict Agenda Item 4,F. medical uses. Per the petition, it is anticipated the site will be developed as a church campus with related uses - including limited medical facilities for community outreach, Historically, a church campus may include the sanctuary with associated administrative offices, recreation bUilding(s)/area(s), social hall, education/training areas (e.g. Sunday School classrooms), and may include an affiliated day care center/or school. Also, churches typically allow other entities to use their facilities, e.g. Boy Scouts, All of the proposed uses are listed in the Estates Zoning district conditional uses except medical facilities for community outreach; social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only (all listed under C-1 ). SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Subiect Site: The subject site is zoned "E", Estates and is designated Estates-Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. Surroundina Lands: North - Across Oil Well Road, a 2-lane undivided collector road, zoned "E", single family dwellings and undeveloped lots; and designated Estates-Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map, East - Zoned "E", single family dwellings and undeveloped lots; and designated Estates- Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. South - Zoned "E", single family dwellings and undeveloped lots; and designated Estates- Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. West - Zoned "E", single family dwellings and undeveloped lots; and designated Estates- Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map, STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab, This document addresses some items common to all petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. Environmental Impacts: The Environmental Report prepared by Geza Wass de Czege with Southern Biomes, Inc. and submitted with this petition, dated March 26, 2007, indicates the following: · The project site includes one single family home, pine flatwoods, borrow lake and pastureland. There is one soil type found on site which is Immokalee fine sand. 3 CP-2007-3 Mission Subdistrict Agenda Item 4,F. . The listed species survey conducted on site concluded that there were no listed species found utilizing the site, and there were no signs of gopher tortoises. The report does not mention whether any non-listed species were observed by sight or signs, Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: . No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. . Staff has not verified the provided Florida Land Use Cover & Forms Classification System (FLUCCS) mapping and does not approve it with this petition. . Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan). The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Element (CCME) Policy 6.1,1(4). Historical and Archeoloqical Impacts: . The Florida Master Site File indicates that no significant archaeological or historical resources are recorded within the project area. . Historic or archaeological resources have not been identified as present on the subject property, based on a review of the Collier County index of Historic/Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps. Traffic Capacitv/Traffic Circulation Analvsis and Impacts: A traffic impact analysis report has been prepared by Transportation Consultants, Inc., dated September 15, 2009. This report's Summary of Findings, Conclusions and Recommendations are as follows: "In conclusion, the proposed Growth Management Plan Amendment as a part of the Emmanuel Lutheran Church site will change the current land use designation that permits up to nine (9) single family dwelling units on the subject site to allow the construction of various church related uses, a day care facility serving both children and the elderly, and administrative office uses. Based on the analysis performed as a part of this report, the trip generation of the proposed GMP amendment will increase the approved trips on the subject site by a total of 215 two-way vehicles in the AM peak hour, by 179 two-way vehicles in the PM peak hour, and by 1,645 two-way vehicles over the course of the entire day. A concurrency projection was performed as a part of this report as well. No level of Service deficiencies are shown on the roadways within the study network, which include Oil Well Road and Everglades Boulevard, The Emmanuel Lutheran Church will be subject to the requirements within the concurrency system at the time of SDP submittal for each individual phase of the development. Should sufficient capacity not exist on the County roadway network, the development will not be allowed to move forward until capacity is restored." The Collier County Transportation Planning Department September 21, 2009 comments about the TIS report are as follows: "Transportation Element: 4 .......~'"'-_....._-"'-_........ CP-2007-3 Mission Subdistrict Agenda Item 4,F. Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 of the Transportation element of the growth management plan. Oil Well Road Impacts: The first concurrency link that would be impacted by this project is Link 119, Oil Well Road between Immokalee and Everglades Boulevard, The project would generate up to 53 PM peak hour, peak direction trips on this link, which represents a 3,24% impact. This concurrency link reflects a remaining capacity of 664 trips in the adopted 2008 AUIR and is at Level of Service "C". No subsequent links of Oil Well Road are significantly impacted, Everqlades Boulevard Impacts: The first concurrency link on Everglades Boulevard that would be impacted by this project is Link 135, between Oil Well Road and Golden Gate Boulevard. The project would generate up to 21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact. This concurrency link reflects a remaining capacity of 563 trips in the adopted 2008 AUIR and is at Level of Service "C", The next concurrency link on Everglades Boulevard that would be impacted by this project is Link 136, between Immokalee Road and Oil Well Road. The project would generate up to 21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact. This concurrency link reflects a remaining capacity of 499 trips in the adopted 2008 AUIR and is at Level of Service "C", No subsequent links of Everglades Boulevard are significantly impacted. Immokalee Road Impacts: No Immokalee Road links are significantly impacted," Public Facilities Impacts: The petitioner prepared a Public Facilities Level of Service Analysis which was submitted with this petition. · Water and Wastewater: There are no LOSS impacts, as the church facilities will use the private water well and septic system. The subject property is not currently served with water and sewer service, The Public Utilities Division has responded to this application as follows: "According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates, There are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road. The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants. Water and sewer services are not currently available. These pipelines will be activated when the North East Plant is ready. Per our current 2008 AUIR, the North East Plant project is anticipated to be constructed and in service by 2018. Collier County Public Utilities does not guarantee a time frame for construction of its capital projects. If adequate capacity is not available, on-site facilities may be provided to serve the 5 CP-2007-3 Mission Subdistrict Agenda Item 4.F. needs of the development as stated in the Public Facilities Level of Service Analysis in this application." . Solid Waste: Level of service standard is 0.64 tons per capita and impact is expected to be negligible. . Drainage: The Subdistrict is located in Flood Zone D. According to agent, there are no known drainage problems associated with the subject properties and the modifications of the existing man-made water body are anticipated to increase the capacity and serve as both the water detention facility and a buffer for neighboring residential uses. The future development will comply with SFWMD and Collier County rules and regulations. . Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. . EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew Fire District. The nearest EMS services is Medic #10 Station (14756 Immokalee Road) and the nearest sheriff substation is Golden Gate Sheriff Substation (1195 C.R 858), The proposed Subdistrict is anticipated to have minimal impacts on safety services and jail facilities, Appropriateness of Chanqe: The existing land use designation of the subject site is "Estates" and is excerpted below from the Golden Gate Area Master Plan. "2. ESTATES DESIGNATION This designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses, Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses, Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation. The Estates Designation also accommodates future non-residential uses including: . Conditional uses and essential services as defined in the Land Development Code, . Parks, open space and recreational uses, . Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with locational requirements in Florida Statutes (Chapter 419.01 F,S.). . Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible, Group Housing includes the following type facilities: 6 ....-..,'..'"'""..-..,-""...""'.----.-....'"".."... .....- CP-2007-3 Mission Subdistrict Agenda Item 4,F. · Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. · Group Care Facility, · Care Units, · Adult Congregate Living Facilities, and · Nursing Homes. All of the above uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan, " Proposed Institutional Uses: Generally, conditional uses (CUs) are permitted throughout the County on most residentially and agriculturally [the "E" zoning district, while principally allowing a single family dwelling, is classified as an agricultural zoning district) zoned land. As early as 1991, the residents of Golden Gate Estates expressed their concerns regarding the scattered approvals of non- residential conditional uses, with little or no discretionary criteria, The people in the Estates wanted County Planning policies and zoning provisions to provide a more appropriate amount of specificity and certainty as to where conditional uses could be expected and would be considered. They crafted GMP language which provided the certainty expected, with the adopted result being the Conditional Use provisions written into the Golden Gate Area Master Plan when it was adopted in 1991. These were subsequently revised in 2003-2004 based upon recommendations of the GGAMP Restudy Committee, a BCC-appointed citizen committee, That Committee evaluated the areas encompassed by the GGAMP and recommended greater restrictions on conditional uses in some areas, and additional allowances for other areas, as reflected in the current GGAMP, The "Conditional Uses Subdistrict" in the Estates - Mixed Use District within the GGAMP contains specific provisions for Essential Services CUs, CUs on Golden Gate Parkway and Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers, Transitional CUs [as buffers between residential and certain non-residential uses). and, Special Exceptions to CU Locational Criteria [for certain excavation activities and temporary model homes). The subject property was not identified as an area appropriate for Conditional Uses nor as an area in which there was a particular need for Conditional Uses in the GGAMP, In addition, the subject site exceeds 5 acres and is not between residential and certain non-residential uses, therefore is not eligible under transitional conditional uses, thus the need for this GMP amendment to allow a variety of institutional uses. All of the proposed uses except health services; social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only are allowed via conditional use in the Estates zoning district. The data and analysis provided by applicant in the support of the requested change was limited to compatibility findings associated with past conditional use approvals. The data did not include a needs assessment or inventory of community facility or institutional uses in the study area. Therefore, staff did research on the existing churches, child care facilities and schools and the results are as follows: · Number of existing churches for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a church inventory map for the study area and found there are 7 existing churches (See Map 1, attached), Only one church (inside Ave Maria University & Town) in the study area offers child care/day care services. 7 CP-2007-3 Mission Subdistrict Agenda Item 4,F. . Number of existing child care facilities for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a child care facilities inventory map for the study area and found there are 8 existing child care facilities (see Map 2, attached). . Number of existing public & private schools for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a public/private school inventory map for the study area and found there are 10 public & private schools for the study area (see Map 3, attached), . Number of Agriculture zoned parcels that would allow church (Corkscrew Planning Community & Rural Estates Planning Community): Since church is allowed by conditional use (CU) in Agricultural Zoning, staff has developed an inventory of agricultural zoned parcels >= 10 acres (aggregation of two 10- acre parcels should be considered by applicant) in the study area (see Table 1, attached) and found that there are 245 agriculture zoned parcels that would allow church. However, according to agent, none of the listed parcels were selected because they did not meet applicable site selection criteria employed by the Emmanuel Lutheran Church in their request for a mission center site. The criteria were: a. The site(s) selected must have direct access to a collector road; b, Only a cleared site(s) without sensitive habitats or protected wetlands would be considered; c. No site would be considered if it was owned by a church or a religious order; d. No site should be considered if was in active agricultural use; and e, No site would be considered if it was located in an existing residential Planned Unit Development. Petitioner failed to provide any explanation as how these criteria were developed and why? E,g. why the sites selected must have direct access to a collector road and why no site would be considered if it was located in an existing residential Planned Unit Development. 2008 Leaislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions, The petitioner failed to address this legislative requirement. It is anticipated that there will be an Objection in the aRC (Objections, Recommendations and Comments) Report from the Department of Community Affairs in regards to compliance with this legislation. Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd, and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition (the subject petition) request is for mostly institutional uses, but includes a small commercial allocation, The location map (Pending GMPAs Locations East of C.R 951) on following page identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area. The table below also provides information about these five petitions seeking amendment to the Golden Gate Area Master Plan. 8 t' *...-----~~-,.;."'.- CP-2007-3 Mission Subdistrict Agenda Item 4,F. Petition LocatiO,tl # Acres R$auest CP-2007-1 SE corner CR846/Wilson Blvd. 5,17 Create Wilson Blvd, Commercial Subdistrict to allow max. of 40,000 S.F. of com'l uses CP-2007 -2 SW corner of CR846/33rd Ave. NE 10,28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max, of 70,000 S,F. of C-1 thru C-3 com'l uses CP-2007-3 south side of CR858, 1/4 mile west 21,72 Create Mission Subdistrict to allow of Everglades Blvd. institutional uses (church and related uses, e.g, child & adult day care), and limited C-1 com'l uses (90,000 s.f, total, inclusive of 2,500 s.f. of com'l) CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center Gate Blvds. Subdistrict to allow 225,000 s,f of com'l uses, with requirement to provide a grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center and could vield 30,099 sJ. of com'l] CP-2008-2 south side of CR846 & Randall Blvd., 56,50 Expand and modify Randall Blvd from canal east to 8th Street NE Commercial Subdistrict to add 390,950 (inclusive of BCI Fire Station, existing s,f, of limited C-4 & C-5 com'l uses Randall Blvd. Com'l Subdistrict, and [zoning in existing Subdistrict allows DOF fire tower site). 41,000 sJ. of com'l on 7.53 acs,] sum 134.29 769,450 sJ. of com'l [728,450 sJ, is new] [121.78 acres are newl Golden Gate Estates Area (East of C.R 951) Commerciallnventorv In order to accurately assess the commercial demand/supply for the Golden Gate Estates Area East of C. R 951 (includes sites on west side of, but abutting, C, R 951), staff has developed a table showing existing commercial inventory as well as potential commercial inventory (vacant land zoned commercial & vacant land designated as commercial, combined). Developed Developed Vacant land Vacant land Vacant land Vacant Land Commercial Commercial Zoned Zoned Designated Designated SQFT Acres Commercial Commercial Commercial Commercial I. SQFT Acres SQFT Acres Everglades Blvd/Golden Gate Blvd 0 0 33,000 5.46 165,000 16,38 Neighborhood Center Immokalee Rd/Everglades Blvd 0 0 24,000 6,01 62,253 10.3 Neighborhood Center 9 ._-_.~~...,"...,,,,.,,,.~,.,~,--_.._-----,~_.~--,,,~--~-- -........ CP-2007-3 Mission Subdistrict Agenda Item 4.F, Developed Developed Vacant land Vacant land Vacant land Vacant land Commercial Commercial Zoned Zoned Designated Designated SQFT Acres Commercial Commercial Commercial Commercial SQFT Acres SQFT Acres Corkscrew Island Neighborhood 0 0 0 0 90,000 8 Commercial Subdistrict Randall Blvd Commercial 23,350 3,71 17,650 3,82 0 0 Subdistrict Wilson Blvd/Golden Gate Blvd 66,463 13.25 89,556 11,14 58,264 9.64 Neighborhood Center Collier/Pine Ridge RD Neighborhood 28,600 3.86 105,000 17,6 27,863 4.61 Center(abutting CR951) Western Estates Infill 0 0 0 0 41,490 3.93 Subdistrict(abutti ng CR951) Golden Gate Estates Commerciallnfill 15,000 2,04 7 68000 0 0 Subdistrict(abutti ng CR 951) Collier Blvd Commercial 189,674 32,22 36,808 6,09 151,825 25,12 Subdistrict(abutti ng CR951) I Orange Blossom 0 0 200,000 44 0 0 Ranch MPUD Orange Tree 0 0 60,000 22 0 0 MPUD* Mixed Use Activity Center 92,172 16.32 289,232 37.59 492,586 81.5 #3 Heritage Bay 0 0 200,000 73.5 0 0 MPUD Sonoma Oaks PUD(abutting 0 0 120,000 9,38 0 0 CR951) Carolina Village PUD(abutting 0 0 150,000 6.51 0 0 CR951) I Mission Hills I 107,818 I 18,16 92,182 15,29 0 0 PUD(abutting I r 10 CP-2007-3 Mission Subdistrict Agenda Item 4,F, Developed Developed Vacant Land \fac~nt land Vacant land Vacant Land Commercial Commercial Zoned. 4~il)~~, ,/ De~ig9Cl~ed; (?€!signated SOFT Acres Commercial', Commercial ,.Com.mercial Commercial SOFT Acres SOFT Acres eR9S1) Richland PUD(abutting 92,172 16.32 138,828 5.48 0 0 eR9S1) TOTAL 615,249 105.88 1,556,263 68,263,87 1,089,281 159.48 (Source: 2009 Property Appraiser database, zoning maps & 2009 PUD database) *There is a pending petition to increase the commercial square feet in Orangetree PUD to 332,000 square feet. The total existing developed commercial square feet is 615,249 and the potential additional commercial square feet is 2,645,544, as shown above, Commercial Demand Analvsis The petitioner prepared a Market-Conditions Study analyzing market conditions within the Rural Estates and Corkscrew Planning Community Districts (PCDs) The findings of the study are as follows: . By the year 2015, the permanent populations of the Corkscrew PCD and the Rural Estates PCD is projected to grow 143.72 percent from 19,834 in 2000 to 48,340 in 2015, an increase of 28,506 persons according to May 29, 2009 estimates provided by the County's Comprehensive Planning Section. . The accelerated population growth in the Corkscrew Planning Community District (PCD) and the Rural Estates PCD clearly demonstrates potential support from present and future residents of the Emmanuel Lutheran Church catchment area for services offered by the Mission Center, Further, the market conditions study utilized 2007 Collier County commercial Land use inventory to document the need for new non-residential uses - commercial, conditional use, and public facilities for the study area. But the inventory included non-commercial square footage and acreage, such as code 38 (Golf Courses) and code 40-48 (Industrial Use) which should not be counted as part of the commercial inventory. Petitioner provided a lot of data regarding commercial uses but almost no analysis had been performed on these properties. In conclusion, it states "Commercial square footage, and acreage, analyzed by study area planning communities, demonstrates that residents of the Corkscrew PCD and the Rural Estates PCD are underserved due to a notable lack of well-located businesses and service enterprises offering needed goods and services to catchment area resident." The petitioner has not provided data & analysis supporting their concluding claims stated above. In fact, numerous commercial development opportunities are provided, including pre-zoned commercial land yet to be developed, Neighborhood Centers, Commercial Subdistricts already existing or planned in the Golden Gate Estates Area. Staff has provided comparison data taken from 2009 Commercial Inventory data, PUD database and zoning maps. The findings of the updated reference sources are as follows: 11 _1llI__""'U."_"'_.,dI'."'.__,,'110 .. I CP-2007-3 Mission Subdistrict Agenda Item 4,F. · Existing Developed Commercial SOFT: 484,151 s.f (see Map 4, attached) · Vacant Land Zoned or Designated Commercial Acres & SOFT: 200,86 Acres, 1,236,223 s.f (see Table 2, attached) · Average Household Income: $48,336 (see Map 5, attached) Based on the commercial inventory above, there is sufficient amount of commercial land SOFT to support the population in the study area planning communities. No additional commercial SOFT is needed. In addition, it should be noted that the growth has trended downward and there are a lot of vacant commercial in the market, the real estate stagnation and growth decline has also postponed or eliminated the need for additional commercial space, NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on September 3, 2009, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code, Nine people attended the NIM, held at Agriculture Center - IFAS Extension Office, 14700 Immokalee Road, Naples, FL. · The following is a synopsis of the meeting: 1. Agent for the petitioner, Mr. Bob Duane, and members of his team opened the meeting at 5:34 p.m, welcoming everyone, He introduced himself, Beth Yang, Ted Treesh, Steven Wigdahl and Tom Gemmer, and County staff Beth Yang, initiated the tape recording process. He indicated that the appropriate notices of the meeting had been given, including an advertisement in the newspaper and a mailing to all property owners within 1000 feet of the site under review, Using visual displays of aerial maps, he showed the area under review, and displayed an early version of a draft site plan. 2. Bob Duane gave a summary of the meeting purpose which was to preview a request for an amendment to the Golden Gate Master Plan. He explained that due to current restrictions on types of development included in the Master Plan, Emmanuel Lutheran Church needed to request an amendment to the plan which would allow the types of development envisioned in their proposal. 3. Bob Duane gave on overview of the anticipated timetable related to this request. A hearing with the Planning Commission is scheduled for October 19, 2009, with a staff report prepared 30 days prior. A subsequent hearing before the Board of County Commissioners would take place on January 19, 2010. After review at the state level, the request would again be heard by the Planning Commission and the Board of County Commissioners prior to final approval. At that time Emmanuel Lutheran Church could make application for zoning changes based on further planning, He indicated that the public would be notified of all of these steps. 4. Bob Duane explained that Emmanuel Lutheran Church has identified a need for a variety of community services in the area under review, and that they felt the church could help address these needs through their proposal. 12 CP-2007 -3 Mission Subdistrict Agenda Item 4.F. 5. Steve Wigdahl was asked to elaborate on the proposal. He summarized the history and current ministries of Emmanuel Lutheran Church, and indicated that there is a history of involvement in the community, and a desire to meet community needs through provision of additional mission opportunities, The church's discovery process showed a need for family and community services in the area under review, with an increasing population and yet a lack of concomitant growth in services. The church staff indicated that the current congregation would be supporting this new mission center, and it would be an extension of Emmanuel Lutheran Church rather than a standalone center. 6. Mrs. Chris Farlow, area resident, asked for clarification on the kinds of health services being considered. Steve Wigdahl explained that this would be done in partnership with other health and community agencies, and would not be clinical direct care services, but rather wellness and education services related to health care issues, All such services would be open to the community and not restricted to church members. 7, Mr, James Farlow, area resident, asked if any consideration had been given to inclusion of rehabilitation services or halfway houses, or similar offerings. The church staff indicated that no such plans were being considered, and that there would be no residential facilities at all. 8, Bob Duane clarified that under C-1 uses there are limited clinical services allowed, and that the health services component was only a small portion of the proposal. Beth Yang added that the proposal stated that no more than 2,500 square feet would be used for health services. 9. Peter Gaddy introduced himself as the Vice President of the Golden Gate Estates Area Civic Association, and indicated that he had already previewed the comprehensive plan amendment request. At a recent meeting of the civic association the proposal was reviewed for both positive and negative impact. The Board agreed that there was no evidence of negative impact from this proposal, and that indeed the proposed services are precisely what are needed in the area under review. The association board feels that such community services are limited or absent. He stated that in their opinion this was a very worthwhile project, an exciting event for the residents, and a very positive development for the Golden Gate Estates area, 10. Peter Gaddy asked if the meeting space in the proposed mission center would be available for use by the community. The church staff indicated that it would be, and that this was a desired outcome of the project. 11. Peter Gaddy requested electronic versions of the visual displays brought by Bob Duane, who indicated that the aerial maps would be readily available. A draft site plan was prepared very early in the development phase and was felt to be too unclear to be shared at this point, until further study and revision later in the process. The meeting concluded at approximately 6:00 p.m, [Synopsis prepared by Tom Gemmer, Director of Administration, Emmanuel Lutheran Church and modified by B. Yang, Principal Planner] 13 CP-2007-3 Mission Subdistrict Agenda Item 4.F. FINDING AND CONCLUSIONS: · The Transportation Division was able to recommend that GMP Amendment application CP- 2007-3 can be found consistent with policy 5.1 of the Transportation Element of the GMP. · As a result of this amendment there are no significant impacts to public facilities, as defined in the Capital Improvement Element with respect to stormwater drainage, portable water, sanitary sewer, solid waste, community and regional parks. · Staff pre-app notes clearly requested analysis of sites that allow the proposed use without need for GMP Amendment, including RFMUD Neutral & Receiving Lands, Golden Gate Estates, Rural Settlement Area ---this means commercial zoning that allows use by right as well as sites and zoning that allows use by Conditional Use (CU). Agent failed to provide the needed data & analysis. · Church is allowed by conditional use (CU) in Agricultural Zoning, there are 245 agriculture zoned parcels >= 10 acres in the study area and agent failed to provide valid explanation as why these lands are not eligible, (E,g. why the sites selected must have direct access to a collector road, etc.). · The data and analysis provided in the support of the requested institutional change was limited to compatibility findings associated with past conditional use approvals. The data did not include a needs assessment or inventory of community facility or institutional uses in the study area. · The Estates Zoning within the Golden Gate Estates Subdivision (defined in the land development code) does not permit C-1 uses such as health services, medical facilities (such as physician's offices, medical clinics, treatment, research and rehabilitative centers); social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only as conditional uses. · Based upon existing developed & vacant commercial inventory in the study area, staff believes there is not a need for additional commercial development to serve the surrounding communities, · Approval of this petition is likely to lead to other similar future requests. · If approved, project development will be subject to lighting restrictions in Policy 5.1,1. · The proposed Growth Management Plan Amendment is inconsistent with the Golden Gate Area Master Plan (GGAMP) vision for development of commercial and institutional uses in Golden Gate Estates Area. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office, STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2007-3 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict (single underline text is added, as proposed by petitioner; double underline text is added, as proposed by staff; €I€llol81@ strihe tRr€ll:;l~R text is deleted, as proposed by staff): First Alternative - "clean-up" of petitioner's text. 2. Mission Subdistrict [new text, page 33] 14 CP-2007-3 Mission Subdistrict Agenda Item 4.F. ~ The Mission Subdistrict is located on the south side of Oil Well Road. approximately one- quarter mile west of Everalades Boulevard. and consists of 21,72 acres. The purpose of this tRe Subdistrict is to provide for a church and related uses, includinc limited commercial uses for communitv outreach, TRBsB I:ISBS w81:11€1 ili1811:1€1B tR8 The followina uses are allowed: ~ C8mmBf8iel Pr8fBssi81i1el eR€I CBRBrel Qffi€lB Qistri8t C 1: BRils serB sBrviB~sl h~~lth ~Br,..i88s. €Iffi€l8s eR€I €lliRi8s, limitB€I t€l e me)(j"'1:I1TI sf 2.599 Sal:lerB f88t €if fl€l€ilr efB : sS8iel s81?/i€lBS if-l€livi€lI:lElI eR€I falTlilv; A8tivit': C8RtBfS, BI€l8fl\' Reli1€1i€lelilS8€1 €IRI", €Ie". 8el>"8 €l~RtBfS~ e€!l:Ilt eR€! ReR€li€l81il1il8€! €ili1lv. f81iai€ll:ls €IfaeRi4!eti8Rs, €lRl:lr8RBS eR€I B€lI:I€lElti€lRellillelilts (sfi'.'ete sAssI), a) Churches. b) Child care centers and adult dav care centers. c) Private schools. d) Individual and familv social services (activitv centers, elderlv or handicaooed onlv: dav care centers, adult and handicaooed onlv), e) Health services. offices and clinics. as permitted bv richt in the C-1 zonina ~~~tr~~ ~n ~:e Collier Countv Land Develooment Code (Ordinance No. 04-41. as amende_._ _j_ __e shall be limited to a maximum floor area of 2.500 scuare feet. The maximum total floor area allowed in this Subdistrict is 90,000 sauare feet. The maximum heiaht of buildinas shall be 30 feet. Development in tRe this Subdistrict shall be desianed to be compatible with the existina. and allowed future. development in the surroundina area. In the alternate to the foreQoinQ uses. aM measures of development intensity. and deve~oment standards, this tRe Subdistrict may be developed with sinale family dwellinas at a dens it of one dwellina unit per 2.25 acres. OR Second Alternative - "clean-up" of petitioner's text AND remove commercial uses (non-Estates zoning conditional uses), 2, Mission Subdistrict ~ The Mission Subdistrict is located on the south side of Oil Well Road, approximately one- Quarter mile west of Everalades Boulevard~ and consists of 21,72 acres. The purpose of this tRe Subdistrict is to provide for a church and related uses. TR8S8 I,;IS8S 'N€lI:II€I iR811:1€1B tR8 The followinQ uses are allowed: iR tRB C€I"'1TI8f€lie/ Pf€lfBssi8Rel alii€! CBRBral Off.i88 Qistri8t C 1: 8Ril€l 8Sf8 88PVi8B8; Reslt/;;! s8rvi€i8S, €IUi€lBS eR€! €iIiRi€is. li",ite€! t€l e ITIs)(ilTll:lm €if 2.599 Sal:lef8 fest sf fh3€1r erS8; sS€li81 ssp.'i8es iR€lh:i€!l:Iel 8ReI felTlil',;; A€lti':it',' C8Rt8rs~ el€l8flv R8R€!ilJlGIil1il8€1 9f-lI':, €Ie': 88r;8 88Rt8fS, e€ll:llt 8R€I RBR€lis81il1il8€1 8Rlv. fBliaiol:l8 era8Ri~ tieRS. 8Al:lr€lRBS eR€! 8€l1:l88tisR811il16H~tS (Iilri':8te 88Re€i1l), a) Churches. b) Child care centers and adult dav care centers. c) Private schools. The maximum total floor area allowed in this Subdistrict is 90,000 square feet. The maximum heiQht of buildinQs shall be 30 feet. Development in tRe this Subdistrict shall be desiQned to be compatible with the existinQ. and allowed future. development in the surroundinQ area, 15 -........~---,."~.,,._~..,~'"""""_._.* Agenda Item 4.F, CP-2007-3 Mission Subdistrict In the alternate to the foreaoina uses. aFlQ measures of development intensity. and develooment standards. this ~ Subdistrict may be developed with sinqle family dwellinas at a density of one dwellinq unit per 2.25 acres. PREPARED BY: (g~H~ t~ BETH YANG, AICP, PRINCIPAt PLANNER COMPREHENSIVE PLANNING DEPARTMENT DATE: 9/? ]' / 0 1 , , REVIEWED BY: 1l. --J t~~ DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT DATE: 1 ~s- ~)1 ( , cL RANDALL COHE , AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT DATE: q,. 2~-(); APPROVED BY: DATE ~'i?~? PH K. 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TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00098000009 SUKIRAN 211INC 23 47 27 1007 00215520003 (CW OAK HAVEN EAST LLC 30 48 27 18.60 00215920001 ESTATES AT TWINEAGLES LTD, THE 30 48 27 10.06 00208080000 MCCLELLAN, SIDNEY RAY 36 48 26 20,84 00207920006 MC COLLUM, GERALD=& SYBLE 36 48 :(6 18.19 00301320007 SYMPHONY REAL ESTATE LTO 13 49 27 4136 00311120006 CATALANO. ARLENE M 21 49 17 2032 00314240006 DEWANE, BISHOP FRANK J 22 49 27 1876 00191881701 FOGG JR, STANLEY=& THi:RESA iv1 2S 48 26 1287 00213960005 2430 CATAWBA STREET LLC 29 48 27 10.05 00215360001 EST ATES AT TWINEAGL ES L TO 30 48 27 19.46 00215960003 ESTATES AT TWINEAGLES LTO 30 48 27 10.05 00092080009 EAGLE ISLAND INVESTMENTS I LLC 13 47 27 8928 00092400003 EAGLE ISLAND INVESTMENTS I LLC 14 47 27 146.31 00092240001 TROYER INC, C K 14 47 27 116.32 00095680008 RABADI, VICTOR A=& MYRA J 23 47 27 14.30 00096240007 FLORES JR, PEDRO GIL=& NORMA E 23 47 27 19.47 00097920009 WARNEKE, DAVID W 23 47 27 10.05 00110760706 WIlliAMS TR, ROBERT E 26 47 27 32.00 00107920009 WILLIAMS TR, ROBERT E 26 47 27 12.55 00092520006 GOETZ, ELLlN 14 47 27 37,75 00206920007 MC CULLEY, JAMES A 36 48 26 19.32 00208000006 MC COLLUM, WAYNE=& SYBLE 36 48 26 19.74 00307520005 PAU JR, ARNOLD 15 49 27 20.90 00309280000 STAHLMAN LANDSCAPE COMPANY 15 49 27 15.67 00309240008 YANG, PAUL K=& GRACE J DAI 15 49 27 10.44 00326520002 MALONEY, GRACE 28 49 27 21,35 00326520109 MALONEY, TIMOTHY P 28 49 27 20.79 00326080005 ROCKLAND LLC 28 49 27 493.94 00326400009 HOFFMAN, ROY 28 49 27 10,38 00328520000 SCHIANO, JOHN L=& ELEANORA 28 49 27 20,69 00207200001 CALOOSA RESERVE LLC 36 48 26 20.19 00311680203 FRK PUTNAM LLC 21 49 27 146.22 00327520001 ROCKLAND LLC 28 49 27 41.53 00327600002 ROCKLAND LLC 28 49 27 28.44 00310280002 BROWN JR TR, JAMES A 21 49 27 197.78 00310360003 ROCKLAND LLC 21 49 27 151.61 00106680007 OAVENPORf, ROBERT E=& LVNETTE 25 47 27 13 .44 00106680007 DAVENPORT, ROBERT E=& LYNETTE 25 47 27 29.23 1 TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00208360005 Me COLLUM, GERALD IN=& SiBLE IN 36 48 26 1777 61730160000 AMERICAN FARMS L TO 24 49 26 2610 00310240000 BELLE MEADE PARTNERS LLC 20 49 27 672.36 00310000004 EDGAR, JOHN 15 49 27 10AO 00210920006 ESTATES AT TWINEAGLES l TO 29 48 27 246.86 00113480009 BORAN TR, MICHAEL 35 47 / ' 602.84 00092120105 EAGLE GROVE I., C n 47 )'7 13658 00103840303 BECKER, GERHARD 24 47 27 14.04 00107920009 WilLIAMS TR, ROBERT E 26 47 27 1325 00209160204 CALOOSA RESERVE LLC 36 48 26 39.5 2 00209200009 BORAN TR, MICHAEL 1 48 27 696.75 00113520008 BORAN TR, MICHAEL 36 47 27 617,65 00209280003 GARGIULO TR, JEFFERY D 3 48 27 315.54 00209240001 BaRAN TR, MICHAEL 2 48 27 660.56 00307440004 YANG, PAUL K 15 49 27 20,85 00309440002 SMITH, J RICHARD 15 49 27 15,74 00308920002 SHERF, DAVID A 15 49 27 16.37 00308560006 GARGIULO INC 15 49 27 10.84 00307280002 MALONEY, GRACE 15 49 27 20.79 00307560007 BLUMERT, MICHAL 15 49 27 15.58 00307280002 MALONEY, GRACE 15 49 27 20.79 00308440003 STAHLMAN LANDSCAPE COMPANY 15 49 27 20,46 00219200002 ESTATES AT TWINEAGLES L TO, THE 31 48 27 10.61 00219320005 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.57 00219240004 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61 00219280006 ESTA TES AT TWIN EAGLES L TO, THE 31 48 27 10,44 00219200002 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10,61 00219400006 ESTATES ATTWINEAGLES LTD, THE 31 48 27 30,39 00219360007 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10,43 00219320005 ESTATES AT TWINEAGLES L TO. THE 31 48 27 10.5 7 00219280006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10,44 00219240004 ESTATES AT TWINEAGLES LTO, THE 31 48 27 10.61 00219400006 ESTATES AT TWINEAGLES L TO, THE 31 48 27 30,39 00219400006 ESTATES AT TWINEAGLES LTD THE 31 48 27 30,39 00219400006 ESTATES AT TWINEAGLES LTD. THE 31 48 27 30.39 00299600004 MATHEWS, BILL=& CATHERINE 13 49 27 10,31 00063800001 CCW82 LLC 8 46 29 39.77 00064280109 CC\N82 LtC 8 46 29 20.11 00063840003 CCW82 LLC 8 46 29 18.26 '2 TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00064040006 COCHRAN, GEORGE W=& JOANN 8 46 29 HU1 00091200204 HALF CIRCLE L RANCH PTNSH1P 34 46 30 54.59 00139000007 BARRON COLLIER INVESTMENTS L TO 5 47 30 284.84 00139960008 COLLIER LAND HOLDINGS LTD 2.3 47 30 628.65 00139920006 COLLIER LAND HOLDINGS lTD 22 47 30 632.54 00139800003 COLLIER LAND HOLDINCiS LTD 20 +7 30 645.87 00140080003 COLLIER lAND HOLDINCiS IJD 26 47 30 632.70 00140120002 CDC LAND INVESTMENTS INC 27 47 .30 63663 00140160004 COLliER LAND HOLDINGS LTD 28 47 30 640.59 00140560002 COLLIER LAND HOLDINGS LTD 35 47 30 317.89 00140400007 COLLIER LAND HOLDINGS L TO 32 47 30 300.43 00226000208 QUINA FAMILY LLC 1 48 29 20.35 00226000402 QUINA FAMILY LLC 1 48 29 20,34 00226001003 L1NCER, WALTER M 1 48 29 21.32 00226760001 NORTHSIDE PARTNERSHIP 11 48 29 463,35 00226800107 HUNT, GELLIS 12 48 29 127.16 00233360009 CDC LAND INVESTMENTS INC 17 48 30 158.45 00226920100 NORTHSIDE PARTNERSHIP 14 48 29 43.63 00226920207 ENGLISH BROS 14 48 29 83.51 00226840303 B & A GROVES INC 13 48 29 24,85 00226760205 ENGLISH BRaS 11 48 29 81.83 00226920304 ENGLISH BROS 14 48 29 274.57 00063880005 CCW82 LLC 8 46 29 50,62 00226120104 THARPE, JOHN M 2 48 29 50.63 00226120609 IMMOKAl.EE GROVES INC ~ 48 29 48.49 <. 00226000800 HUNT BROS INC 1 48 29 12.84 00226800505 WILSON TR, P T 12 48 29 141.83 00226800806 LAKE FLORENCE PARTNERS, LTD 12 48 29 51.41 00226840808 CDV 505 INC 13 48 29 18.65 00226001304 LATT MAXCY CORPORATION, THE 1 48 29 45.20 00226001207 HAYMAN, CAROL ANNE 1 48 29 99.08 00226000907 HICKORY BRANCH CORPORTATION 1 48 29 78.48 00226000509 G & E HOLDINGS INC 48 29 20.62 00226000606 HUNT BROS INC 1 48 29 23,62 00226001100 HUNT BROS INC 48 29 40.85 00226000101 HUNT, GELLIS 48 29 70.88 00226800204 TURNER INVESTMENT, LTD 12 48 29 49.62 00226800602 LLOYD III, CALVIN P=& ANN A 12 48 29 18.86 00226840109 CDV 505 INC 13 48 29 10.34 3 TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00226800709 LABELLE FRUIT COMPANY LLC 12 48 29 30,60 00226840206 S & I FAiVlIL,( LTD PRTNRSHP 13 48 29 46.34 00226880004 ENGLISH BROS 14 48 29 35,81 00226840507 PAT WILSON INC 13 48 29 6821 00222880008 COLLIER LAND HOLDINGS LTD 11 48 28 619.13 00222920104 CDC LAND INVESTMENTS LLC 1.2 48 28 530.44 00140480001 COLLIER LAND HOLD!N(,S LTi) 33 47 3il 557 09 00231684004 COLLIER GROVES LTD 5 48 30 309.38 00231840000 CDC LAND INVESTMENTS INC 8 48 "30 301.34 00139120000 BARRON COLLIER INVESTMENTS l TO 8 47 30 661.59 00140520000 COLLIER LAND HOLDINGS LTD 34 47 30 649.71 00139160002 BARRON COLLIER INVESTMENTS L TO 9 47 30 449.22 00139200001 BARRON COLLIER INVESTMENTS LTD 10 47 30 458.96 00139200108 BARRON COLLIER PARTNERSHIP 10 47 30 179,08 00231760009 COLLIER LAND HOLDINGS LTD 7 43 30 647.86 00233600002 COLLIER LAND HOLDINGS LTD 18 43 30 484.34 00232040304 COLLIER GROVES L TD 8 48 30 29.21 00222480107 CDC LAND INVESTMENTS LLC 1 48 28 526.24 00139160109 BARRON COLLIER PARTNERSHIP 9 47 30 204,22 00139600009 COLLIER LAND HOLDINGS LrD 17 47 30 664.12 00140200003 COLLIER LAND HOLDINGS L TD 29 47 30 391.14 00231720007 COLLIER GROVES L TO 6 48 30 480.65 00231720104 COLLIER LAND HOLDINGS LTO 6 48 30 211,29 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 61.70 00223000007 CDC LAND INVESTMENTS LLC 14 48 28 617.68 00223040009 CDC LAND INVESTMENTS LLC 15 48 28 674.46 00226840400 LATT MAXCY CORPORATION, THE 13 48 29 219,23 00226160009 SOUTH FLORIDA VENTURE 3 48 29 305.84 00226640008 SOUTH FLORIDA VENTURE 10 48 29 75.29 00090160002 HALF CIRCLE L RANCH PTNSHIP 27 46 30 671.34 00090120000 HALF CIRCLE L RANCH PTNSHIP 26 46 30 669.46 00091240206 HALF CIRCLE L RANCH PTNSHIP 35 46 30 50,73 00091240002 BARRON COLLIER INVESTMENTS LTD 35 46 30 95.97 00091240002 BARRON COLLIER iNVESTMENTS l TO 35 46 30 29,25 00091200107 BARRON COLLIER PARTNERSHIP 34 46 30 8607 00091240002 BARRON COLLIER INVESTMENTS LTD 35 46 30 169.67 00139280102 BARRON COLLIER PARTNERSHIP 11 47 30 69,11 00089960006 HALF CIRCLE L RANCH PTNSHIP 22 46 30 656.64 00089880005 CDC LAND INVESTMENTS INC 20 46 .30 627.21 4 TABLE 1: EMMANUel LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00090320004 GOPHER RIDGE Ii JOiN1 VENTURF 29 46 30 20145 00226200008 IMMOKALEE GROVES INC 3 48 29 323.43 00090280005 CDC LAND INVESTMENTS INC 29 46 30 468.44 00063760002 BLOCKER, DEAN fill 8 46 29 85,05 00063640009 CCW82 LLC 8 46 29 38.64 00140640003 COLLIER LAND HOLDII'IGS LTD 36 47 30 217,41 00140680005 COLLIER CO, THE 36 47 '30 424.88 00140600001 COLLIER CO, THE 35 41 30 331.39 00139440007 THOMAS FARMS LTD, C A 15 47 30 483.19 00139480009 BARRON COLLIER INVESTMENTS LTO 15 47 30 160,18 00139520008 THOMAS FARMS L TO, C A 16 47 30 450,09 00139560000 THOMAS FARMS L TO, C A 16 47 30 206.60 00139880007 COLLIER LAND HOLDINGS L TO 21 47 30 636.46 00222840006 COLLIER LAND HOLDINGS LTO 10 48 28 661.61 00065680009 SOUTHWESTERN PROPERTIES LLC 19 46 29 144.37 00091120203 GNAGEY FAMILY LLC 32 46 30 553.77 00091200000 BARRON COLLIER INVESTMENTS L TO 34 46 30 523.52 00139001006 GNAGEY FAMILY LLC 5 47 30 310.76 00090600009 BARRON COLLIER INVESTMENTS LTO 32 46 30 97.97 00139000007 BARRON COLLIER INVESTMENTS LTO 5 47 30 20.34 00138920007 BARRON COLLIER INVESTMENTS L TO 3 47 30 362.06 00138960106 BARRON COLLIER PARTNERSHIP 4 47 30 159.52 00138960009 BARRON COLLIER INVESTMENTS LTO 4 47 30 7793 00138960009 BARRON COLLIER INVESTMENTS LTO 4 47 30 58.88 00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 20.56 00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 106.81 00138920007 BARRON COLlIER iNVESTMENTS LTO 3 47 30 104,10 00091280101 BARRON COLLIER PARTNERSHIP 36 46 30 208.82 00138880008 BARRON COLLIER INVESTMENTS LTO 2 47 30 112.25 00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 33.75 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 143.37 00138800004 BARRON COLLIER INVESTMENTS LTO 1 47 30 262.68 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 102.08 00138840006 BARRON COLLIER INVESTMENTS LTO 1 47 30 20.59 00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 115.37 00138880008 BARRON COLLIER INVESTMENTS LTD 2 47 30 57.67 00138880105 BARRON COLLIER PAR.TNERSHIP 2 47 30 129,18 00138880008 BARROf\] COLLIER INVESTMENTS L TO 2 47 30 133.85 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 3854 s TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00139240003 BARRON COLliER INVESTMENTS ,TO 11 47 30 554.43 00139320004 BARRON COLliER INVESTMENTS \ TO 12 47 30 609,80 00089520006 HALF CIRCLE L RANCH PTNSHIP 14 46 30 662.05 00090000007 HI\i.F CIRCLE L RANCH PTNSHIP 23 46 30 664.35 00090040009 HALF CIRCLE L RANCH PTNSHIP 24 46 30 66735 00090080001 GRAINGER LAND UC 25 46 3(J 606.68 00091280208 BAR JT INC 36 46 30 76,64 00091240109 BARRON COLLIER PARTNERSHIP 3S 46 3- 315.49 v 00139360006 COLLIER LAND HOLDINGS LTD U 47 3D 613,30 00139400005 COLLIER LAND HOLDINGS L TO 14 47 30 640.63 00140000009 COLLIER LAND HOLDINGS LTD 24 47 30 624.79 00090080205 MCCLELLAND, ROBERT LEE 25 46 30 29.43 00090080409 GRAINGER LAND LLC 25 46 30 25.38 00089480007 HALF CIRCLE L RANCH PTNSHIP 13 46 30 664,12 00091280004 BARRON COLLIER INVESTMENTS LTO 36 46 30 387.26 00140040001 COLLIER LAND HOLDINGS LTO 25 47 30 628.81 00138600000 BARRON COLLIER INVESTMENTS LTO 33 47 29 25,06 00222960106 BARRON COLLIER INVESTMENTS LTD 13 48 28 76,32 00222960009 mc LAND INVESTMENTS LLC 13 48 28 446.44 00226680000 HELLER BROS PACKING CORP 10 48 29 401.47 00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 11,22 00091160205 WORTHINGTON/COLLIER LLC 33 46 30 114,39 00091160108 GNAGEY FAMILY LLC 33 46 30 527,32 00138960203 GNAGEY FAMILY LLC 4 47 30 262.11 00138960300 WORTHINGTON/COLLIER LLC 4 47 30 47.39 00089280003 ALlCO LAND DEV CORP 8 46 30 652,75 00089320002 ALlCO LAND DEV CORP 9 46 30 654.77 00089680001 CDC LAND INVESTMENTS INC 17 46 30 680.85 00089600007 All CO LAND DEV CORP 16 46 30 667.26 00089560008 HALF CIRCLE L RANCH PTNSHIP 15 46 30 661.69 00089920004 All CO LAND DEV CORP 21 46 30 629.27 00090241002 BARRON COLLIER INVESTMENTS LTD 28 46 30 33.54 00090200001 WORTHINGTON/COLLIER LLC 28 46 30 523.93 00090240003 CDC LAND INVESTMENTS INC 28 46 30 94.97 00115280003 BARRON COLLIER INVESTMENTS LTO 36 47 28 1542.48 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 83,21 00138560409 BARRON COLLIER PARTNERSHIP 32 47 29 553,64 00226960005 HELLER BROS PACKING CORP 15 48 29 567,18 00222560001 COLLIER LAND HOLDINGS LTD 3 48 28 692.22 6 TABLE 1: EMMANUEllUTHERAN CHURCH CP-2007-3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00222520009 COlliER lAND HOLDINGS L TO 48 28 63352 00223080001 WINCHESTER LAKES CORP 16 48 28 660.69 00138601025 AVE MARiA DEVELOPMENT LLLP 33 47 29 86,3S 00138600000 BARRON COLLIER INVESTMENTS L TO 33 47 29 139,30 00138600000 BARRON COLliER INVESTMENTS L TO 33 47 29 120.41 00226440004 BARRON COLLIER PARHJERSHIP 8 48 29 781.94 22689020023 AVE MARIA UNIVERSITY INC 3'j 47 29 13.fi2 00226240204 BARRON COLLIER PRTNRSHP LLLP 4 48 29 1411.06 00226440004 BARRON COLLIER PARTNERSHIP 8 48 }~~ 588. 77 00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 23,85 00138600301 AVE MARIA DEVELOPMENT LLlP 33 47 29 195.40 Created by: Beth Yang, AICP *.. ColU~T County Comprehensive Planning Department ",,,.,,..''''-'''11...-''',,,,,, ",.,...""....."".. 7 TABLE 2: EMMANUAL LUTHERAN CHURCH CP-2007-3 VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED) 49660082681 26095000183 26095000387 26095000361 76885050050 00065080007 00065400001 26095000206 26095000222 26095000248 26095000264 26095000280 26095000303 26095000086 26095000109 26095000329 26095000345 00113120107 49660083185 49660080528 49660083745 49660081585 22671200026 22671202309 22671201902 22671202202 22671201805 22671201708 22671202406 22671201504 22671202503 22671202600 22671201407 22671202804 37169520106 22671200327 22671200220 22671200123 22671202901 22671203007 22671201601 22671201300 49660081080 22671003812 22671202008 22671202105 22671201203 22671202707 22671201106 CAMERON PARTNERS LLC TIB BANK CHM NAPLES HOTEL PRTNERS LLC CHM NAPLES II HOTEL PRTNRS LLC TOLL GATE COMMERCIAL CENTER CHAPMAN, A R PIONEER PLAZA INC RAI RESTAURANTS INC RAI RESTAURANTSINC ClTYGATE DEVELOPMENT LLC CITYGATE DEVELOPMENT LLC C1TYGATE DEVELOPMENT LLC C1TYGATE DEVELOPMENT LLC CITYGATE DEVELOPMENT LLC SOUTHERN MANAGEMENT CORP C1TYGATE DEVELOPMENT LLC CITYGATE DEVELOPMENT LLC WILLIAMS TR, ROBERT E CAMERON PARTNERS LLC CAMERON PARTNERS LLC CAMERON PARTNERS LLC LENNAR HOMES LLC AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LlLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LlLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP COLLIER CNTY AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLlP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP BAY DEVELOPMENT LLC AMD-FCB LLP AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, lLlP MPG AVE MARIA LTD AVE MARIA DEVELOPMENT, LLLP AVE MARIA DEVELOPMENT, LLLP 1 PUD PUD PUD PUD PUD A-MHO (-2 PUD PUD PUD PUD PUD PUD PUD PUD PUD PUD C-2 PUD PUD PUD PUD A-MHO A-MHO A-MHO A-MHO A-MHO A-M HO A-MHO A-M HO A-MHO A-MHO A-MHO A-MHO CPUD A-MHO A-MHO A-MHO A-MHO A-MHO A-MHO A-MHO PUD A-MHO A-MHO A-MHO A-MHO A-MHO A-MHO 24,478 9,973 27.500 24,539 8,401 25,445 34,451 11,363 10,517 10,093 9,912 9,066 7.192 16,198 8,582 6,165 7,011 25,627 16,198 16,258 16,681 110,061 18,616 9,187 10,456 9,126 9,852 6,044 9,247 8,764 9,126 33,242 9,550 9,126 9,912 18,616 20,731 18,374 9,247 9,006 22,484 8,341 69,687 28,407 21,758 14,385 11,846 33,061 30,704 4.05 1.65 4.55 4,06 1.39 4.21 5.70 1.88 1,74 1.67 1.64 1.50 1.19 2.68 1.42 1.02 1.16 4.24 2.68 2.69 2.76 18.21 3.08 1.52 1.73 1.51 1.63 1.00 1.53 1.45 1.51 5.50 1.58 1.51 1.64 3.08 3.43 3.04 1.53 1.49 3.72 1.38 11.53 4,70 3.60 2.38 1.96 5.47 5.08 TABLE 2: EMMANUAL LUTHERAN CHURCH CP-2007-3 VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED) 39155200001 40680040000 40629000001 40930760001 40930720009 37221120208 39155160002 39091800002 39082080006 37280040002 37119880003 VARIOUS VARIOUS VARIOUS 37280080004 37280160005 37280120003 VARIOUS VARIOUS VARIOUS 40680040000 VARIOUS VARIOUS RANASINGHE, NADESHA TAYLOR, NORMAN l=& JOANNE SHOESOP lLC DOUBLE BE INVESTMENT CO llC VINES, WilLIAM A LIBERTY GOLD LlC RANASINGHE, JAYANTHI S CROWN ESTATE DEVELOPMENT LTD THANH LE, CHUaNG E'S COUNTRY STORES LLC JOHNSON TR, KENNETH R WILSON NC ADDITION CORKSCREW ISLAND NC SUBDISTRICT EVERGLADES/1M MOKALEE NC TOWNSENT, RICHARD TOWNSENT, RICHARD JOY ANDERSON HERITAGE BAY ORANGE TREE ORANGE BLOSSOM RANCH TAYLOR, NORMAN L=& JOANNE URIKA OIL INC. CHESTNUT PLACE * ASSUMES 6,044 SQFT PER ACRE Created by: Beth Yang. AICP Comprehensive Planning Department 2 E CPUD E E E CPUD E MPUD E E E C-3 MH E E E E MPUD MPUD MPUD CPUD PUD PUD TOT AL 14,143 33,000 33,000 33,000 33,000 12,572 16,984 17,709 31,127 16,984 30,099 60,000 90,000 86,253 12,813 6,407 8,945 200,000 60,000 200.000 33,000 17,650 24,000 1,236,223 Cotftr County "',_..."'<_~~~'"~_......o_____ 2.34 5.46 5.46 5.46 5.46 2.08 2.81 2.93 5.15 2.81 4.98 6.25 8.00 14.35 2.12 1.06 1.48 73.50 22.00 44.00 5.46 3,82 6.01 200,86 CP-2007 -5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G <:;O~r <:;OU:......ty ~ ~- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 RE: PETITION NO. CP-2007-5, LOGAN/IMMOKALEE MIXED USE SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Corby Schmidt, AICP, Principal Planner AGENT/APPLICANT/OWNERS: Agents: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Applicant and Owner: Daniel D. Peck, Trustee Peck and Peck 5801 Pelican Bay Boulevard, Suite 103 Naples, Florida 34108 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Other Owners: Oakwood Park West, LLC 2170 Logan Boulevard North Naples, Florida 34119 Cullen Z. and Constance J. Walker 2170 Logan Boulevard North Naples, Florida 34119 GEOGRAPHIC LOCATION: The Subdistrict site contains approximately 41 acres and is located at the southeast corner of the Logan Boulevard (CR 31) and Immokalee Road (CR 846) intersection. The property has approximately 936 feet of frontage on Immokalee Road and 1,854 feet of frontage on Logan Boulevard. The property lies within the Urban Estates Planning Community, in Section 28, Township 48 South, Range 26 East, Collier County, Florida. (See aerial and zoning maps on next page) - 1 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G Proposed Project Site - rr J ~'UD L__j ,J "- ......,. 'J' / , . "'1 .1.____ REQUESTED ACTION: This petition seeks to amend the Future Land Use Element (FLUE) text, and Future Land Use Map and Map Series by: 1, Amending Policy 1.1 of the Urban - Mixed Use District to add the Logan/lmmokalee Mixed Use Subdistrict; 2. Amending the Urban - Mixed Use District to add the proposed Subdistrict language; 3. Amending the Future Land Use Map to add this new Subdistrict, creating a new Future Land Use Map Series inset map depicting this new Subdistrict, and adding this new Subdistrict map the Table of Contents, List of Maps; and 4. Amending the Urban Designation to add this inset map where various Subdistricts that allow non-residential uses are listed, and to the Future Land Use Map Series listing. The petitioner's proposed text changes, shown in strike-through/underline format, are as follows: (Words underlined are added, words struck through are deleted.) A. URBAN - MIXED USE DISTRICT [New Text, Page 47.2] Loaan/lmmokalee Mixed Use Subdistrict This Subdistrict is located at the southeast corner of the Loaan Boulevard/lmmokalee Road intersection. It is approximatelv 41 acres in size. The intent of this Subdistrict is to allow a variety of - 2- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G shoppina. personal services and employment opportunities for the surroundina residential areas within a convenient travel distance. The development of this Subdistrict shall be aoverned by the followinq criteria: a. Development is encouraaed to be in the form of a Planned Unit Development (PUD). b. Development shall be limited to aaricultural uses such as landscape maintenance/nursery operations and those permitted and conditional uses allowed in the C-1. Commercial Professional and General Office District through C-4. General Commercial District. as contained in the Collier County Land Development Code. Ordinance No. 04-41. as amended. c. The maximum aross leasable floor area shall be limited to a total of 260.000 sauare feet. !t. Retail development shall be limited to single-story structures. while all other uses may occur in multi-story buildings. e. Residential development shall be limited to a maximum of 60 dwellina units. subiect to the Density Ratina System. 1. To ensure that all land uses are compatible with neighboring uses. appropriate development standards and design auidelines shall be established at the time of rezoning. fl Access to the site shall be coordinated with surroundina properties. and the feasibility of pedestrian and/or vehicular interconnection to adiacent properties shall be explored durina the rezonina process and provided if deemed feasible. BACKGROUND AND PROJECT DESCRIPTION: This proposal intends to establish the "Logan/lmmokalee Mixed Use Subdistrict" in the GMP Future Land Use Element to allow new commercial development, while retaining existing-use and residential development rights. The petition describes a project providing up to 260,000 sq. ft. of gross leasable floor area for office, retail, and personal services typically found in the C-1, Commercial Professional and General Office, through C-4, General Commercial, zoning districts, a landscape maintenance/nursery operation, and up to 60 residential units. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE MAP DESIGNATION: Subiect Site: The subject property is partially undeveloped, partially developed with a single-family residence and a landscaping/nursery business, currently zoned A, Rural Agricultural and comprises approximately 41 acres. The present Urban Mixed Use District, Urban Residential Subdistrict designation allows single-family residences at a density of up to 16 dwelling units per acre, and limited non-residential uses (e.g. community facilities. essential services, etc.). The existing Future Land Use Designation allows for viable uses on the subject site, including the existing uses. Allowable uses presently include residential development; a variety of community facility uses; recreation and open space uses; institutional uses, e.g., child care facilities, churches and places of worship, assisted living facilities, adult care facilities, nursing homes, social and - 3- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G fraternal organizations, public and private schools; a variety of agricultural uses; and, essential services. Surroundina Lands: N - ZONING: Across Immokalee Road, PUD, Residential Planned Unit Development zoning lies northwest (Longshore Lake) and northeast (aide Cypress); A, Rural Agricultural, lies north; EXISTING LAND USE: Across Immokalee Road, a 6-lane divided arterial roadway, and an east-west drainage canal, Longshore Lake residential, and aide Cypress mixed-use PUDs; the agricultural parcels are wooded and undeveloped; FLUM DESIGNATION: The current Future Land Use Designation is Urban, Urban Mixed Use District, Urban Residential Subdistrict. S - ZONING: PUD, Residential Planned Unit Development (Saturnia Lakes); EXISTING LAND USE: Saturnia Lakes residential community; FLUM DESIGNATION: The current Future Land Use Designation is Urban, Urban Mixed Use District, Urban Residential Subdistrict. E - ZONING: PUD, Residential Planned Unit Development (Saturnia Lakes); EXISTING LAND USE: Saturnia Lakes residential community; Heritage Greens residential community; residential land uses and Gulf Coast High School facilities; FLUM DESIGNATION: The current Future Land Use Designation is Urban, Urban Mixed Use District, Urban Residential Subdistrict. The "Immokalee Road and Collier Boulevard Mixed Use Activity Center" (MUAC) lies about 1.8 miles east. w - ZONING: Across Logan Boulevard, a 2-lane undivided collector roadway, zoning is A, Rural Agricultural (thin strip of land), then E, Estates; EXISTING LAND USE: Across Logan Boulevard, are single-family residences and residential lots, as parts of the Golden Gate Estates subdivision; FLUM DESIGNATION: The current Future Land Use Designation is Estates, Estates Mixed Use District, Residential Estates Subdistrict [This area falls under the jurisdiction of the Golden Gate Area Master Plan (GAMP)]. The "1-75 and Immokalee Road Interchange Activity Center" lies about 1.1 miles west. In summary, the current zoning and, existing and planned land uses in the area immediately surrounding the subject property are primarily suburban- and estate-type residences or residential lots in all directions. The more distant, commercial component of the Quail Creek/Quail II PUD, and commercial component of the aide Cypress DRllie approximately 0.65 mile west and 0.55 mile east, respectively; the Northbrooke Plaza and commercial component of the Malibu Lake PUD lie approximately 1.1 miles west, and commercial components of the Mirasol and Richland PUDs lie approximately 1.8 miles east. - 4 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this Cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. ApDropriateness of Chanae: If approved, this Growth Management Plan amendment will result with introducing new commercial development, uses and activities to a location where commercial development is not now planned, and consequently impacting a larger planning area. Establishing whether designating the site for commercial development disrupts the stability of residential and other established uses in the planning area is a valid concern. The practicality of changing the GMP to accommodate the petition's proposed Subdistrict is to be established through an evaluation of relevant and appropriate data for population growth, commercial inventory, infrastructure development, and other considerations in the surrounding area. For more explanation, refer to the Comprehensive Plan Amendment - Statutory Data and Analysis Reauirement section of the "Standard Language for GMPA Staff Reports" document. Commercial DeveloDment A trend toward commercial development is not evident in the area immediately surrounding the proposed commercial and residential Subdistrict, but within a "Support Area" described in the market conditions study submitted with this petition [as the combined Primary Trade Area (PTA) extending less than two (2) miles from the subject property, and the Secondary Trade Area (STA) shaped approximately (7) miles long, by approximately 2.5 miles wide oriented along Logan Boulevard] for the new Subdistrict, commercial development is evident, including the following approved projects: . Island Walk commercial component (15 acres/21 ,000 sq. ft. of commercial) in the Island Walk DRI [2.5 road miles south] . Northbrooke Plaza PUD (29.9 acres/270,000 sq. ft.) in the northeast quadrant of Interchange Activity Center Subdistrict (MUAC 4) [1.1 miles west] . Malibu Lake PUD (37.1 acres/330,000 sq. ft.) in the southeast quadrant of Interchange Activity Center Subdistrict (MUAC 4) [1.1 miles west] . Olde Cypress commercial component (12.5 acres/165,000 sq. ft. of commercial) in the Olde Cypress DRI [0.55 mile east at the Immokalee Road - Preserve Lane intersection] . Quail CreeklQuailll commercial component (184,000 sq. ft. of commercial) in the Quail II PUD [0.65 mile west at the Immokalee Road - Executive Drive intersection] . Rigas commercial component (10,000 sq. ft. of commercial) in the Saturnia Lakes PUD [immediately southeast via Saturnia Lakes Boulevard] - 5- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G The above-listed sites are located within the Support Area described in the market conditions study submitted with this petition, and currently provide a total of nearly 989,000 sq. ft. of commercial use opportunities in both the Neighborhood Center and Community Center development categories. Approximately 388,603 sq. ft. of existing commercial development (on 45.77 acres), and another 365,963 sq. ft. of vacant land zoned commercial (on 60.55 acres), are found within the boundaries of the Support Area for the Subdistrict. The combined amount of existing and zoned commercial space in the Support Area totals 754,566 sq. ft. on 106.32 acres. [These figures are illustrated by Attachment: Map 1 & Map 2, and the red-underlined entries in the tables included thereon.] Approximately 955,534 sq. ft. of existing commercial development (on 146.32 acres), and another 1,461,010 sq. ft. of vacant land zoned commercial (on 239.49 acres), are found within a 3-mile radius of the proposed Subdistrict. The combined amount of existing and zoned commercial space found within a 3-mile radius of the proposed Subdistrict totals 2,416,544 sq. ft. on 835.81 acres. [These figures are illustrated by Attachment: Map 1 & Map 2, and the tables included thereon.] Sources: March 2008 and July 2009 Planned Unit Development (PUD) Master List (prepared and maintained by the Collier County Engineering Department) and the County Geographic Information System (GIS) incorporating 2007 Commercial Inventory data. 'Mixed Use Activity Centers', 'Mixed Use Subdistricts' and 'Commercial Subdistricts' are commercial components of the Future Land Use Element, and are counted toward the inventory of land available for development, even if they are not yet zoned commercial. These components presently provide additional commercial opportunities - adding 492,586 sq. ft. to the above amount. Permanency of Boundarv of "Loaanllmmokalee Mixed Use Subdistrict" if the reauested amendment to the Future Land Use Element is aranted: Future land use plans change over time as do the maps depicting geographic areas that correspond to adopted planning provisions. Planning designations and districts (and thus, their boundaries) represent transitions between differing existing or future land uses. These planning areas and their boundaries should be most permanent where they represent and further the goals objectives and policies of long-range growth management plans. Permanency can be described by a range of land use scenarios, where combinations of planned and unplanned uses, existing and future uses, similar and dissimilar uses, plan consistency and inconsistency and numerous other factors come under consideration, with a few examples below. · A homogenously developed area that surrounds, or encircles an undeveloped area, currently designated with a different planning district - provides a relatively straightforward example of a semi-permanent boundary. Closing the hole in the planning district, eliminates a boundary - and exemplifies an appropriate modification to develop the area in a cohesive manner. · Incremental additions to, or expansions of, an existing planning district - where undeveloped land is to be adjoined to developed land consistent with arowth manaaement plans in order to develop similar uses - is a classic example of the impermanency of a planning boundary, and is often found to be appropriate. · The boundary between two planning designations, each developed with different land uses and consistent with arowth manaqement plans - is a classic example of the most permanent of planning boundaries. - 6- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G · A homogenously developed area that surrounds, or encircles an undeveloped area currently designated within the same planning district - is an example of no boundary being necessary. Opening a hole in the planning district to accommodate dissimilar uses is seldom found to be appropriate. The most problematic considerations deal with land use and planning combinations where new designations are proposed for dissimilar uses or are not consistent with growth management plans. This is the case with CP-2007-5. Creating the Logan/lmmokalee Mixed Use Subdistrict opens a new planning hole in order to establish a dissimilar planning designation inconsistent with growth management plans. As the new Subdistrict is developed, the boundary between established and new land uses will become permanent. For more explanation, refer to the Growth Manaaement Plan Vision section of the "Standard Language for GMPA Staff Reports" document. Commercial Demand Analvsis The FLUE and the GGAMP currently provide for future commercial development to accommodate the growing population. The segment of Immokalee Road between 1-75/Northbrooke Drive and Collier Boulevard (CR 951) is anchored at each of these intersections by Mixed Use Activity Center (MUAC) Commercial Subdistricts. The MUACs in Collier County are comprehensively planned to provide ample commercial development opportunities. These planned locations are purposely sized and spatially arranged to encourage and support a healthy business environment Countywide and, to discourage and avoid over commercialization and strip development. Comprehensive Planning Department staff utilized the Subdistrict's Support Area as described in the market conditions study submitted with this petition and available County resources to conduct a thorough evaluation of the CP-2007-5 proposal, with the following results: Demand in year 2010 for commercial development in the Logan/lmmokalee Mixed Use Subdistrict's Support Area is calculated to be for 117,338 sq. ft. (for Community Center commercial space), [and 132,555 sq. ft. (for Neighborhood Center commercial space)], while there is more than 754,500 sq. ft. of existing and potential commercial space available. This Support Area currently provides more than three (3) times the commercial space necessary to serve the estimated current population of 15,687. [These figures are illustrated by Attachment: Map 1 & Map 2, and the red-underlined entries in the tables included thereon.] The market demands of the population projected for the Logan/lmmokalee Mixed Use Subdistrict's Support Area in year 2030 increase to 152,270 sq. ft. (for Community Center commercial space), [and 172,270 sq. ft. (for Neighborhood Center commercial space)], while more than 754,500 sq. ft. would still be developed or available - providing more than two times the commercial space necessary to serve the estimated year 2030 population of 20,357. Source: 2009 Collier County Population figures by TAZ - (April 2009) - 7- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G The firm of Fraser and Mohlke Associates, Inc. conducted a Market-Conditions Study, dated July 29, 2009, independently analyzing market conditions within the Urban Estates Planning Community District (PCD). This analysis provided an overall context for assessing the basic goods and services requirements of the emerging population within an area beginning at Livingston Road at the Lee- Collier County line, extending easterly along the County line to CR-951, then the boundary turns south to run generally along CR 951 to Pine Ridge Road, meanders from Pine Ridge Road to Green Boulevard, then turns west to run along Green Boulevard to Livingston Road, then north to the County line to complete the boundary. The Study provided the following data and analysis: Section 1, Market Conditions Study Area Definition is the "Urban Estates" Planning Community District (PCD). This Study Area encompasses the laraest aeoaraphic area, and is the basis for the successively smaller area analyses that follow. Total population in the Study Area was estimated to be 35,149 (2005); is projected to be 37,649 (2010), and 39,417 (2015). [po 1-1J [April 1, Collier County Population Estimates and Projections, (CCPEP), May 2009J As a comparison, these figures are unchanged and, 15.61 % and 26.5% decreases from 2007 CCPEPs for the same years, respectively. Definina a Support Area for Analvsis incorporates the Metropolitan Planning Organization (MPO) saturation analysis by Traffic Analysis Zone (TAZ), including a narrow selection of TAZs located within 4.0 miles of the subject property. [opposite p. 1-9J Staff notes that the geography of this Support Area is not the typical radial measurement, nor is it a road mileage distance mirroring expected traffic patterns. This Support Area is approximately (7) miles lona, bv approximately 2.5 miles wide. This Support Area is the next-smaller aeoaraphic area studied. Build-out population in the Support Area is projected to be 26,315 [Table 1.05.03]. The Study adjusts* figures taken from the 2005 Collier County Residential Build-Out Study, to project an estimated 26,315 persons will reside in the Support Area TAZs, encompassing the next-smaller Primary Trade Area (PTA). [po 1-11.2J The PTA includes a more limited selection of TAZs. and extends less than two (2) miles from the subiect property. *(The Market-Conditions Study adjusts CCPEP population estimates as a representation of a "functional build-out population", to accommodate for discrepancies between two mismatched methodologies estimating seasonal populations.) The PTA has an estimated population of 12,442 at build-out, and an adjusted, functional population of 16,100 [:t year 2030]. Guidelines for Commercial Development explains how County guidelines were utilized in this Market Study, providing the figures for: · 11 acre land area and an 110,734 sq. ft. building dimension for a Neighborhood Center (8.45 sq. ft. per capita) · 28 acre land area and a 257,668 sq. ft. building dimension for a Community Center (7.48 sq. ft. per capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses. - 8 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G These figures, applied to 26,315 persons, produce a demand for 196,836 sq. ft. of Community Center commercial space necessary to serve the Subdistrict's Support Area, or, "Combined Trade Area", on approximately 21.38 acres, at build-out. [Demand for 222,361 sq. ft. of Neighborhood Center commercial space will be necessary, on approximately 25.5 acres, at build- out. [po /-13.1J This section does not provide population figures for current or interim years. Inventory of Aooroved Planned Unit Develooments lists commercial acreage and floor area in the Support Area, encompassing the smaller PTA. [Section /, Exhibit 3J Planned Unit Developments (PUD) with commercial components lying in the Support Area include: Island Walk, Northbrooke Plaza, Quail Creek/Quail II, Malibu Lake and Olde Cypress, approved for 1,070,000 sq, ft. commercial floor area, on more than 103 acres. This section identifies approximately 402,145 commercial sq. ft. located in approved PUDs as "developed" [or existing] and 667,855 commercial sq. ft. as "undeveloped" [or potential], when enumerated earlier this year. Section 2, Existinq Land Uses (The Inventory of) 2007 Commercial Land Uses , and the Deoartment of Revenue Commercial Land Use Inventory and Retail Land Use Codes list commercial acreages and floor areas for commercially developed properties located in the Study Area, which encompasses the lan;Jest qeoqraohic area. These data sets are not reduced to subsets including only those TAZs comprising the Support Area, the term given to the combined Primary Trade Area (PTA) and Secondary Trade Area (STA). Approximately 114,932 sq. ft. commercial floor area, on 15.74 acres are inventoried in Section II - Exhibit 1, and summarized in Table 2.02. Section II - Exhibit 1 does not provide a full data set. Not all of the Support Area TAls were included, so all commercial land uses were not inventoried. TAl 368 is absent from the Primary Trade Area listing, and it contains commercial uses. TAl 190 is absent from the Secondary Trade Area listing, and it too, contains commercial square footage. The description on page 11-2 makes the claim with regard to the accuracy of Section II - Exhibit 1, about "clearly" demonstrating commercial zoning in the Support Area based on an "extensive" and "detailed" inventory. However, as shown above, this inventory Exhibit is incomplete - making the claim unsubstantiated. Any tables based on the incomplete Exhibit 1 data set, such as Table 2.02, undercount commercial square footage and acreage. An analysis conducted based on this data cannot provide an accurate interpretation, will produce false positives, and any findings will be inconclusive. Staff found this Section lists a broad range of commercial land uses (159 listings) claimed to be "appropriate" for the subject site. Uses listed include personal, medical and business services; financial institutions; drug, grocery, liquor and other stores; hospitals; eating and drinking places; and, gas stations. Section 3, Retail Demand Forecasts for the StudY Area The Commercial Demand Study for the Golden Gate Area (October 2003) provides a basis for market analysis meant to "establish whether retail capacity forecasted for 2005 remains presently". The author's introductory statement contends that, "the predicted deficit persists to the time of this writing". [po 11/-1 J - 9- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G Retail demand calculations incorporated a number of factors, including: Per-capita income (PCI); Sales per square foot (SPF); Floor area ratios (FAR); Retail expenditure (RE) forecasts; and, Vacancy rates. [pp. 11/-1 - 3J Three large geographical areas studied, each a part of Golden Gate Estates, make up an area smaller than the subject site's Study Area and larger than both its Support Area and Primary Trade Area. [opposite p. 1I/-3J The 2003 Study did not factor in commercial land uses located outside Golden Gate Estates, County "Rural Settlement Areas", or planned commercial areas in the RFMUD and RLSA. [po 1I/-7J The 2003 Study is narrow in its scope and limited in its applicability, due to its point-in-time calculation factors, different study areas, and dissimilar data sets. Of particular interest is the Study's use of data in Tables 3.20 and 3.03, which include TAZs located outside the proposed Subdistrict's Support Area. Of the more than 240 acres listed, only 80 acres lie inside the Support Area. The amount of developed or developing commercial acreage is over-counted by 160 acres. Section 4, Summary of Findinqs and Recommendations This section draws conclusions from the findings of the Market-Conditions Study, generally in support of the petitioner's desire to develop the site commercially. Staff Summarization of the Market-Conditions Study Analysis of data provided in the Market-Conditions Study lacks a direct correlation (apples-to-apples) to other data sets, summaries or findings, and brings the conclusions and recommendations presented into question. The listing of Neighborhood Centers or Commercial Subdistricts located within the same Support Area or Primary Trade Area (and just outside them) is incomplete. Commercially planned locations lying outside the same (or shared) market area but drawing from the same potential market pool are missing from consideration. The shared, or competing, market area (or areas) from nearby commercial [and commercially planned] locations lying outside the selected Support Area or Primary Trade Area were not considered. The lack of including shared and competing market areas affects the dynamics of the marketplace and would obviously affect the outcome of the analysis. The Market-Conditions Study gave cursory attention to the development potential and market dynamics of Rural Villages in the Rural Fringe Mixed Use District (RFMUD) into consideration, while these factors have an influence on the market area that should not be disregarded. The development of Rural Villages is expected and encouraged in RFMUD Receiving Lands, which are required to include a commercial component that can be expected to meet an amount of commercial demand derived from Golden Gate Estates. No shortfall of commercial land can be concluded from the Study of Market Conditions. Demand for additional commercial uses is not demonstrated and one cannot conclude that substantive demand is present for new commercial development. As a point of emphasis, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, requirements to provide appropriate data and analysis to demonstrate the amendment is needed are not met. - 10- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G Environmental Impacts: A Protected Soecies Survey, dated April 23, 2007, and an addendum, dated May 2009, prepared by Boylan Environmental Consultants were submitted with this petition. Environmental review specialists with Collier County Environmental and Engineering Services reviewed these documents, found the proposal to be consistent with [applicable environmental provisions in] the Growth Management Plan, and provided the following comments: · The project site includes two single-family homes, roads and trails, disturbed areas and a tree nursery. The vegetated habitats include unimproved pasture (portions hydric); pine flatwoods; mesic pine flatwoods; cabbage palm; exotic wetlands; cypress wetlands; and pine swamp forest, all with varying levels of exotics. The soils found on site are listed as holopaw fine sand, limestone substratum; Basinger fine sand; holopaw & Okeelanta soils, depressional; and Malabar fine sand. · The listed species survey conducted on site concluded that there were no listed species found foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers, Florida panther or Florida black bear. One stick nest was found that could be from Big Cypress fox squirrels. Non-listed species observed include songbirds, black vulture, and evidence of raccoons and rabbits were visible, No protected plant species were found on site. · No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. · An updated listed species survey will be required before the site is developed. · Staff has not verified the provided FLUCCS mapping and does not approve it with this petition. This verification will be addressed during subsequent development order review (rezone and/or site development plan). · Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan). With the current zoning of Agriculture, the site may not be required to preserve any amount of vegetation under County rules. If the petition is approved as residential and commercial, 25% of the native vegetation present will be required to be retained in a preserve. Traffic CapacitvITraffic Circulation Impact Analvsis. Includina Transportation Element Consistency Determination: A Traffic Imoact Statement (TIS), dated July, 2009, was prepared by Omega Consulting Group and submitted with this petition, including the analyses typically provided in a Growth Management Plan amendment application. The projects "area of influence" was determined to be Immokalee Road east and west of Logan Boulevard. The analysis studied Immokalee Road from Livingston Road to Collier Boulevard, and Logan Boulevard from Immokalee Road to Vanderbilt Beach Road. Fully 80% of traffic accessing the site comes from Immokalee Road (40% southbound from west/40% southbound from east), and 20% from traffic on Logan Boulevard (20% northbound from south). Approval of this Subdistrict and development of the project would generate 3,182 daily gross new trips (2-way) and 258 PM Peak Hour gross new trips routed through a single access point. A single, full- movement access, located approximately 600 feet south of the intersection on Logan Boulevard, - 11 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G would be a design limitation for access to the site. This limited access factors into the trip distribution discussed above, as 100% of all trips would utilize this one point of access. A 2006 VOlume-to-Capacity (V/C) analysis reported a greater than 1 VIC ratio for Immokalee Road between 1-75 and Collier Boulevard (CR 951). This segment had a capacity deficit of - 1,514 trips. Roadway improvements constructed along the Immokalee Road corridor affected these VIC figures, and another analysis was performed in 2008. Results showed that - while the Logan Boulevard to Collier Boulevard segment achieved a VIC ration less than 1.0 (0.39), had remaining capacity, and exhibited a Level of Service (LOS) rating of "B" - the 1-75 to Logan Boulevard segment nonetheless had a capacity deficit and exhibited a LOS rating of "F". Transportation Planners with the Collier County Transportation Planning Department reviewed the impact statement and provided the following comments: 1. "Staff is recommending denial of this GMP amendment as the adjacent roadway network will not be able to accommodate the traffic that will be produced by this project, when analyzed in conjunction with the currently zoned and vested trips that are not reflected in the trip bank or this project's Traffic Study. With consideration for access limitations stated in this review (see comment "3" below) the resulting traffic conditions will require 100% distribution of the project's outbound trips to travel northbound on Logan, to the [operational] detriment the intersection of Immokalee Road and Logan Boulevard. The planned future condition of this roadway will limit the project to a right-inlright-out on Logan Boulevard, with a southbound left-in to cross the [future] median. With regard for the currently vested and zoned trips on the affected roadway facilities, these future impacts must be included in the growth analysis in the TIS. Inclusion of these significant impacts is anticipated to demonstrate a condition that exceeds the operational capabilities of the roadway network and key intersection(s) in this area. [emphasis intended} 2. Traffic Study comments: a. The Traffic Study does not evaluate vested, zoned, and un-encumbered trips that are anticipated on the adjacent roadway network (Heritage Bay DRI, Terafina, Addie's Corner, Mirasol are a few of the prominent examples of the zoned andlor vested residential impacts). The applicant's response regarding the absence of these trips from trip bank because they are not considered "real", is not valid for the purposes of a future- land-use-Ievel traffic study. This application is seeking to allow a significant (and potentially unreasonable) increase in the impacts that this site could be zoned to create, and although concurrency is not measured at the time of GMPA, or at zoning, the modeled capacity, with an accounting of the zoned, vested, but not yet constructed units can (and should) be evaluated. As a result, the traffic study does not accurately evaluate the proposed project in the appropriate context of the network background plus growth. Analysis of these growth related trips, on top of background traffic, plus this project's traffic, is anticipated to show (unmitigated) deficient levels of service on the local roadway network and operational failures at the adjacent intersection. If resubmitted, these items must be addressed in the report. - 12- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G b. The Traffic Study has a discrepancy- it states 74 DU's in part of the document, yet only analyzes 60 DU's. c. The trip generation presented at the methodology meeting and the trip generation presented here do not match. Upon review, it seems that the same internal capture has been deducted from both the Retail and Residential uses. Please revise this discrepancy, and revise any accompanying exhibits (Table 1, and Exhibit 2 are examples). 3. Access Management: No driveway is allowed on Immokalee Road, and only one driveway on Logan Boulevard can be approved. The conceptual master plan demonstrating these potential access points requires revision to remove them. The remaining allowable driveway on Logan Boulevard may apply for a right-in/right-out [configuration] with a southbound left-in (future 4- lane configuration of Logan Boulevard was considered in this review)." Historical and Archaeoloaicallmpacts: Historic or archaeological resources have not been identified as being present on the subject property, based on a review of the Collier County Index of Historic/Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps. Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this petition. This petition will result in increased impacts upon some other Category A public facilities besides roads (potable water, sanitary sewer, drainage, and solid waste), but these impacts will not be "significant" (generating potential for increased County-wide population greater than 2% of the BEBR medium range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, as defined in Policy 1.2 of the CIE and other applicable Growth Management Plan Elements). For water and sewer, the proposed development will demand 39,000 gallons per day. Utilizing the level of service standards identified in the CIE, the proposed mixed, commercial and residential uses will not result in significant impacts on public facilities, besides roads. Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations and provided the following comments: No objection, According to the current 2008 Water and Wastewater Master Plan Updates, this project is located within the Collier County Water - Sewer District (CCWSD). Based on a review of the County's GIS system, there is an existing 24-inch diameter water main and 16-inch diameter force main on Immokalee Road to serve this project. Hydraulic analysis connecting to the County water and sewer system will be required at the time of the rezone, Site Development Plan or similar processes. 2008 Leaislation - HB 697: This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. For more explanation, refer to the 2008 Leaislation - HB 697 section of the "Standard Language for GMPA Staff Reports" document. - 13- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The petitioner has not submitted a response, data or analysis regarding this legislation. It is anticipated that the Florida Department of Community Affairs will raise an Objection in their Objections, Recommendations and Comments Report (ORC), should this petition be approved for transmittal. Other Considerations: File notes taken from the March 18, 2007 Pre-Application meeting show concerns were discussed regarding potential problems with access into and out of a commercial development. The lack of programmed improvements for widening Logan Boulevard limits the site's commercial viability. Staff position is that the approval of commercial development or other non-residential uses where none is planned is in direct conflict with the creation and purposes of the Urban Residential Subdistrict and MUAC designations. The County's ability to manage growth in accordance with its adopted Growth Management Plan is weakened by approvals allowing commercial development outside Neighborhood Centers, Mixed Use Activity Centers and other planned locations. These planned locations are purposely sized, spatially- arranged and separated to encourage and support a healthy business environment County-wide and, discourage and avoid over commercialization and strip development. Abundant commercial land to serve residents' needs is approved in the immediate area, on properties with fewer limitations and better vehicular access, but has yet to be developed. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: The Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on September 10, 2009, in the Saturnia Lakes Clubhouse. The NIM was initially advertised for the Cornerstone United Methodist Church, 8200 Immokalee Rd., but the building was not accessible. After repeated unsuccessful attempts to gain lawful access to the building, everyone gathered agreed to meet at a nearby location. Mr. Ron Gustafson, a representative from Saturnia Lakes was present, and agreed to stay at the original NIM location for at least one-half hour to verbally instruct any late-arriving persons to go on to the alternate location. Approximately 23 persons other than the applicant's team and County staff attended the NIM, and heard the following information: The applicant's agent (Wayne Arnold) provided a full description of the proposed amendment to the group gathered, including the residential development and a maximum of 260,000 sq. f1. for office, retail, and personal services typically found in the C-1 through C-4 commercial zoning districts. At least one speaker thought commercial activities should be more limited, as this proposal could be indicative of unwanted strip commercial development. Discussions took place about the potential intensity of commercial land uses, traffic, noise, lighting, hours of operation and the attractive nuisance it would be for the nearby school students. The applicant's agent explained how the Logan Boulevard corridor lacks commercial development, and how this site provides an opportunity to offer commercial services, - 14 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G More discussion surrounded traffic concerns, as the subject property is located at the Immokalee - Logan intersection. Attendees also identified awkward traffic maneuvers created by the median design along Immokalee Road, particularly for traffic accessing Saturnia Lakes (restricted to left- in/right-out) and Heritage Greens (restricted to right-in/right-out), and by vehicles using the small number of dedicated turn lanes to perform U-turns. At least one speaker voiced concern over the height of residential [condominium] buildings that would be allowed in the Subdistrict, particularly along the shared boundary with the Saturnia Lakes residential community. The agent reviewed the GMPA consideration schedule, and the protracted timeline involved with applications for PUD zoning, followed by development orders, before actual construction could begin. He encouraged representatives from the communities in the area to work together during the process. The meeting was completed by 7:35 p.m. [Synopsis prepared by C. Schmidt, AICp, Principal Planner] FINDINGS AND CONCLUSIONS: The following are findings and conclusions as a result of the review and evaluation of this request: · The subject property is surrounded by GMP residential planning designations, a residential zoning district and existing single-family residential uses. Approval of this petition will, in essence, enable spot zoning via a "spot" FLUM GMP amendment. · Based upon total existing commercial inventory in the market study area, there is a no additional need for commercial uses to serve the surrounding market area. There is an excess of more than two times the commercial space necessary to serve the estimated year 2030 population. · The magnitude and scale of this project (41 acres, 260,000 sq. ft. of C-1 to C-4 uses) compares to Community Center commercial development, being larger than the typical limits of size, but typical in intensity. · As a result of this amendment, there are no significant impacts to public facilities, as defined in the CIE, with respect to Potable Water, Sanitary Sewer, Stormwater Drainage and Solid Waste facilities. However, the Transportation Planning Department concluded the project would create an unacceptable Level of Service inconsistency with Policy 5.1 if approved. · Other commercial zoning (and development) is as close as 1/2 mile to the east (aide Cypress, Preserve Commons commercial component) at the northwest corner of the Immokalee Road/Preserve Lane intersection, and about 2/3 mile to the west (Quail II,Tradeway Commerce Park commercial component) at the northeast corner of Immokalee Road/Executive Drive intersection. · The subject site has residential development options of up to 16 units per acre utilizing the available density bonuses, e.g. those awarded for Affordable-Workforce Housing, Roadway Access - while this specific site would not qualify for certain other density bonuses, limiting its density potential to about 12 units per acre; and, is eligible for other uses generally allowed throughout the Urban Mixed Use District. - 15- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G · Any expansion of commercial development should be driven by the policies and provisions of the Future Land Use Element of the Growth Management Plan, not by speculative development attempting to meet the perceived spacing requirements of supermarket and drug store chains. · The subject site abuts a principal urban/rural arterial road and a minor urban/rural arterial road - Immokalee Road and Logan Boulevard, respectively. Certain segments cannot provide sufficient capacity to accommodate additional commercial development, and cannot "continue to accommodate increased automotive traffic". No access to the site would be allowed from Immokalee Road. · The petition's market study attempts to substantiate the need for a well-located commercial center providing for the personal service and office needs of the emerging resident population in the Primary Trade Area, but does not document need whatsoever. Staff finds that the data and analysis for the subject Growth Management Plan amendment does not adequately support additional commercial development in the market study area, and the practicality of the proposed Logan/lmmokalee Mixed Use Subdistrict is not substantively nor compellingly established. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the Office of the County Attorney. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2007-S to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, IF the CCPC should determine that this petition provides appropriate data and analysis that warrant adoption and chooses to recommend transmittal, staff recommends modifications to the proposed Subdistrict language, noted below in double strike-through/double underline format, as follows. These modifications are mostly for proper format, use of code language, succinctness, and clarity. (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double stril{Q tRrQI!lI~R text is deleted, as proposed by staff.) A. URBAN - MIXED USE DISTRICT 17. Loaan/lmmokalee Mixed Use Subdistrict [New Text, Page 47.2] ~ The Loaan/lmmokalee Mixed Use Subdistrict consists of aODroximatelv 41 acres located at the southeast corner of the Logan Boulevard I and Immokalee Road intersection. It is a9Br€miRll8tElly ~ 1 Gl.8rQS iF! sii!El. The intent of this Subdistrict is to allow a variety of shoooina. personal services and emplovment opportunities for the surroundina residential areas within a convenient travel distance. The development of this Subdistrict shall be aoverned bv the followina criteria: - 16- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G a. Development is encouraaed to be in the form of a Planned Unit Development (PUD). b. Development shall be limited to: ,1 aAaricultural uses allowed bv richt in the A. Rural Aaricultural District contained in the Collier Countv Land Development Code (LDC). Ordinance No. 04-41. as amended. ~ 88 18A988888 r;R8iAt8A8A8e.'Awr88rv 8ger8ti8A8 8A9 t"'888 2. ePermitted and conditional uses allowed in the C-1. Commercial. Professional and General Office District through C-4. General Commercial District. in the LDC. 8S 8eAt8iF!88 iF! t"'e Celli8r CeelF!tv laAe Q8V8188r;R8F!t C8ge. OreiAaR88 ~J8. gq q 1. as 8r;R8A8ee. 3. Residential uses. c. The maximum gross leasable floor area shall be limited to a total of 260.000 sauare feet. d. Retail development shall be limited to sinale-story structures. while all other uses may occur in multi-storv buildinas. e. Residential development shall be limited to a maximum of 60 dwellina units. subiect to the Density Ratina SYstem. 1.:. To ensure that all land uses are compatible with neiahborina uses. appropriate development standards and desian auidelines shall be established at the time of rezonina. 9.:. Access to the site shall be coordinated with surrounding properties. and the feasibility of pedestrian and/or vehicular interconnection to adiacent properties shall be explored during the rezoning process and provided if deemed feasible. ~ Incress/ecress on Immokalee Road is prohibited. [REMAINDER OF PAGE INTENTIALLY LEFT BLANK] - 17- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict \. \ PREPARED BY: ~ Corby L. Schmidt, AICP, Principa Comprehensive Planning Depart ! I REVIEWED BY:>>- ,-':+:' l,j David C, Weeks, AICP, Planning Manager Comprehensive Planning ~epart~ent / " L REVIEWED By:l;:ll'-,b.l./ (L '. Randall J. Cohen, AICP, Director /' Comprehensive Planning Department APPROVED BY: ~ Joseph K. Schmitt, A~ Inistrator Community Developt1'nt and Environmental Services Division PETITION NO.: CP-2007-5 Staff Report for the October 19, 2009 CCPC Meeting. Agenda Item 4G --'l( ~ 10'0 DATE: ,.../J I -\ I I DATE: '3u ..c,Jc/ DATE: ~l' f u. c (/ DATE: ?'/30 J(J / / I I NOTE: This petition has been scheduled for the January 19, 2010 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, Chairman G:\Comprehensive\Comp. Planning GMP DATA\Comp. Plan Amendments\2007.2008 Comb,ned Cycle Petitions\2007 Cycle Petitions\CP.2007.5 Logan.lmmokalee Mixed Use Subdistrict\DRAFT CP.07-5 Transmittal Staff Reportdocx - 18- CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict Agenda Item 4G Co~r Cou:nt.y ..... -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 RE: PETITION NO. CP-2007-5, LOGAN/IMMOKALEE MIXED USE SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Corby Schmidt, AICP, Principal Planner AGENT/APPLICANT/OWNERS: Agents: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Applicant and Owner: Daniel D. Peck, Trustee Peck and Peck 5801 Pelican Bay Boulevard, Suite 103 Naples, Florida 34108 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson, P.A 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Other Owners: Oakwood Park West, LLC 2170 Logan Boulevard North Naples, Florida 34119 Cullen Z. and Constance J. Walker 2170 Logan Boulevard North Naples, Florida 34119 GEOGRAPHIC LOCATION: The Subdistrict site contains approximately 41 acres and is located at the southeast corner of the Logan Boulevard (CR 31) and Immokalee Road (CR 846) intersection. The property has approximately 936 feet of frontage on Immokalee Road and 1,854 feet of frontage on Logan Boulevard. The property lies within the Urban Estates Planning Community, in Section 28, Township 48 South, Range 26 East, Collier County, Florida. (See aerial and zoning maps on next page) - 1 - CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict REQUESTED ACTION: Agenda Item 4G r ! >' [l l I r __.1 \ Proposed Project Site \ \ I ".....H~..'..J PUD '>.,/"" /'-'" ,. '''\'1 _____,_ ,,--' This petition seeks to amend the Future Land Use Element (FLUE) text, and Future Land Use Map and Map Series by: 1. Amending Policy 1.1 of the Urban - Mixed Use District to add the Logan/lmmokalee Mixed Use Subdistrict; 2. Amending the Urban - Mixed Use District to add the proposed Subdistrict language; 3. Amending the Future Land Use Map to add this new Subdistrict, creating a new Future Land Use Map Series inset map depicting this new Subdistrict, and adding this new Subdistrict map the Table of Contents, List of Maps; and 4. Amending the Urban Designation to add this inset map where various Subdistricts that allow non-residential uses are listed, and to the Future Land Use Map Series listing. The petitioner's proposed text changes, shown in strike-through/underline format, are as follows: (Words underlined are added, words struck through are deleted.) A. URBAN - MIXED USE DISTRICT Looan/lmmokalee Mixed Use Subdistrict [New Text, Page 47.2] This Subdistrict is located at the southeast corner of the Loaan Boulevard/lmmokalee Road intersection. It is approximatelv 41 acres in size. The intent of this Subdistrict is to allow a variety of - 2- ~2 ~i !;l-o ~z ~0 J.i'" ~~ 1ri~ ~~ "" <n m-o ~ '" ;: ,~ " ~ ,~ j if> ~ ,.. ~ s:N CD en o - '-- /---- / --------- ! i i "'Oms:: ~ ~.x. (1) CIl <1l ~.g.a. a!. <C C enenCll 00<1l ",,~ --l:-:i- ::;. ~ $: (Xl~-<t !-'l~(,) ~-,<1l enw::l o - (1) .., Idlm:;-I i m~.m I ;:a.:::!: c::; _.::l ::T I a!. <C Ql I' en en ::l oo~ I"")> I :-:i:-:i n -'"w~ en w =::. ..... .......J.. ..:< w~(") -,~<1l 01-'::l m .., =It -' 9 : : ill~11 (J1 f ~ ::;;:'" 4' -c ~' ~ ~ ~ .g c ~ ~ ;0 -< NC) :;: 0 ~ !a ~ ~ ~! ~ ;;~' l/I~3c'-C -CO ...... 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CP-2008-4; RURAL FRINGE MIXED USE DISTRICT SENDING LANDS RE-DESIGNATION TO NEUTRAL LANDS GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Corby Schmidt, AICP, Principal Planner AGENT/APPLlCANT/OWNER: Agent: Dwight Nadeau, of RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Applicants and Owners: John and Teresa Fillmore, of Fillmore, LLC 2250 Washburn Avenue Naples, Florida 34117 GEOGRAPHIC LOCATION: The subject property contains 28.7 acres located south and east of Washburn Avenue, and east of the Naples Landfill. The property has approximately 1,029 feet of frontage on an east-west segment of Washburn Avenue and approximately 1,217 feet of frontage on a meandering, north-south segment of Washburn Avenue, The property lies within the Rural Estates Planning Community, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See aerial and zoning maps below) - 1 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H p 1r29 " - ..... ,~ "" .... !: -.,. " 1'1. 130 REQUESTED ACTION: This petition requests amendment to the Future Land Use Element, Future Land Use Map and Map Series (FLUE/FLUM), particularly the North Belle Meade Overlay Map, of the Collier County Growth Management Plan to re-designate the subject property from Rural Fringe Mixed Use District Sending Lands to Neutral Lands. Changes to FLUE are proposed for Overlavs and Special Features provisions, as follows: V. OVERLAYS AND SPECIAL FEATURES B. North Belle Meade Overlay [page 94] 4. SENDING AREAS Within the NBM Overlay are :t 4,a98 4.569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and :t5 and % sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. 5. NEUTRAL LANDS Within the NBM Overlay there are :t ~ 1,309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two ~ sections located at the northeast corner of this Overlay aM... Section 24 located in the northwest portion of this Overlay, and approximatelv 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1,2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. - 2 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H [Note: The proposed text change shows the petitioner's proposed amendments in single strike- through/underline format, while current Growth Management Plan language appears in plain text; this text is reflected in the Resolution Exhibit A.] BACKGROUND AND PROJECT DESCRIPTION: The following summary provides background information on the "Rural Fringe Mixed Use District". Originally adopted on June 19, 2002, primarily for the Rural Fringe Mixed Use Area of the County, an area generally located between the coastal Urban area and Golden Gate Estates. Due to legal challenges, the original amendments did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. [For reference, the most recent Conditional Use for the subject property was approved June 11, 2002, preceding the creation of the RFMUD.] The RFMUD states, in part: "The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. 1. Transfer of Development Rights (TOR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TOR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TOR process." Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is allowed at 1 DU/5 acres; for parcels ~40 acres, this density may be increased via TORs to a maximum of 1 DU/acre. - 3- CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU/5 acres. These lands are "neutral" to the TOR program - they are not eligible to send or receive dwelling unit rights. For parcels ~40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU/40 acres, or pre-existing parcel size of <40 acres if created prior to 6/22/99. Residential density may be transferred at a ratio of 1 DU/5 acres, or pre-existing parcel size of <5 acres if created prior to 6/22/99 and lawfully existing; however, additional density may be transferred via density Bonus provisions. Once development rights have been transferred (TORs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Exceptions to the above density limitations include: (a) Density Blending: allows some larger properties that straddle the Urban boundary - that is, partially within the RFMUD and partially within the Urban area - to shift their allowable density to the RFMUD so as to protect environmentally sensitive lands in the Urban area; and, (b) Rural Villages: depending upon location, allows a density of between 2 and 3 DU/A, with requirement to use TORs. For Rural Villages: commercial, recreational and institutional uses are allowed and required; depending upon location, a greenbelt is required around the perimeter; depending upon location, the size is limited to between 300 and 2,500 acres; and, a public facilities impact analysis is required. During the Rural Fringe public hearings in 2002, many owners of proposed (and now-designated) Sending Lands asserted their property had been previously cleared or otherwise did not warrant the Sending Lands designation. Recognizing this possibility - it was made well-known that the designations were based upon landscape scale analysis, but also that allowing Receiving or Neutral Lands designations to be surrounded by Sending Lands designations (Swiss cheese concept - holes of Receiving or Neutral Lands within Sending Lands) was not acceptable, the BCC included a GMP provision giving a one year window in which owners of Sending Lands property that share a boundary with either Receiving Lands or Neutral Lands could submit data and analysis in an effort to demonstrate that, as of the date of adoption of the RFMUD (June 19, 2002), the Sending Lands designation was not warranted. In addition, staff would re-evaluate the data used in 2002 (panther telemetry data, red-cockaded woodpecker nesting and foraging habitat data, land cover classification data, etc.) to determine the boundaries of Sending Lands. Please see the GMP provision below. Future Land Use Element (FLUE), RFMUD Sendinq Lands 11. Adjustment to the Sending Lands Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending Land/Neutral Land boundary or Sending Land/Receiving Land boundary, the County will provide written notice to the property owners to advise [them] of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: - 4 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. Staff received 12 re-designation requests, corresponding to 90 parcels comprising almost 1,900 acres; the BCC ultimately re-designated 12 parcels comprising 203 acres. The subject property was not submitted and would not have qualified - it does not abut Neutral Lands or Receiving Lands. This application seeks to amend the Future Land Use Map (FLUM) and the North Belle Meade Overlay Map of the FLUE Map Series, to re-designate RFMUD Sending Lands to Neutral Lands. This pair of map changes would allow RFMUD Neutral Lands uses on the subject property - specifically, to expand existing operations for the mulching and recycling of horticultural waste to add the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials. Other allowed Neutral Lands uses include: agriculture, single-family residences at a 1 dwelling unit per 5 acre density, and multi-family structures; group housing units; non-residential uses allowed in Sending Lands, plus other park and recreation facilities, sports instructional schools, earthmining, public and private schools and community facilities, golf courses and driving ranges, zoos, aquariums and botanical gardens. Although application materials indicate intent to develop the site further as a facility for the collection, transfer, processing and reduction of solid waste - of both horticultural and non-horticultural materials - once the re-designation occurs, the site will be eligible for any use allowed in the Neutral Lands designation. SURROUNDING LAND USE. ZONING. AND FUTURE LAND USE DESIGNATION: Subiect Site: Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities". The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay, It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Sawmill" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows participation in the Transfer of Development Rights (TOR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single-family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non-residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. -5- CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H Surrounding Lands: N - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: Across Washburn Avenue, is a single-family residence, nursery operation and a truck barn; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. S - ZONING: A, Rural Agricultural within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay; EXISTING LAND USE: Across a main east-west canal and 1-75, is undeveloped land; The Picayune Strand State Forest surrounds the undeveloped parcel located directly south; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. E - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: a single-family residence and undeveloped land; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. w - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: Across Washburn Avenue, is a telecommunications tower on a vacant lot and a preserve area; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. In summary, the existing land uses in the area immediately surrounding or directly opposite the subject property are primarily rural-type residential and non-residential in nature. The present FLUM designation would allow the same Sending Lands uses in this area as on the subject property, except where restricted further by NRPA standards. - 6- CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this Cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. EnvironmentallmDacts: Multiple environmental reports, with the most-recent dated May 1, 2009, were prepared by Ramsey Inc. Environmental Consulting and submitted with this petition to support the proposed RFMUD re- designation from Sending Lands to Neutral Lands. Submittal materials verify the existence of wetland areas, native vegetation, previous clearing, and business activities on the subject property, as excerpted below: · The "Conclusions" section of the Ramsey Protected Species Wildlife Survey Report - Sprinq 2009 provides a summary of data reported, and concludes with an analysis stating, in part, "Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the natural flow of water from the north". · The "Overlays" subsection of the Ramsey Re-Desiqnation Evaluation of FillmorelYahl Mulchinq Proiect from RFMUD Sendinq to Neutral Lands - GMP Amendment CP-2008-4 provides a listing of decisions and reasoning leading to a conclusion that, ''The (subject property) does not exemplify the characteristics listed for Sending Lands. However, it does better fit the Neutral Lands definition". The "Conclusion" subsection of the same Evaluation provides a collection of "accurate site specific data" for the subject property, and concludes, in part, "the most accurate land classification based on the RFMUD guidelines is Neutral". Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the environmental reports and provided the following comments: The Subject property has been partially cleared and utilized for mulching and horticultural recycling activities prior to the adoption of Rural Fringe Mixed Use District regulations. The original Rural Fringe Mixed Use District designations were based upon landscape scale analysis. Since then, proposals for re-designation have relied on site-specific environmental findings in order to demonstrate different property characteristics. Data and analysis is provided in an effort to demonstrate that the Sending Lands designation is not supported. Data reveals there is habitat conducive to use by some listed species on the site and, the site is within the ranges for panther and bear. Wetlands are also present. Data indicates listed species are not utilizing the site - based on surveys conducted. The listed species survey conducted on site concluded that there were no listed species found foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers, big cypress fox squirrels, Florida panther or Florida black bear. Non-listed species observed include 16 bird species, 3 mammals and 1 reptile. Listed species could still be utilizing the property but have not been documented through surveys. - 7- CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H The project site includes single-family homes; timber processing business with associated roads; cypress; and pine/cypress/cabbage palm habitats with varying degrees of impacts from the existing business and an old borrow pit site. The soils found on site are listed as Boca fine sand; Oldsmar fine sand, on limestone substratum; Rivera fine sand, on limestone substratum; and Holopaw fine sand, on limestone substratum. The site has been used for over a decade for mulching and recycling vegetative material. There is an approximately 12-acre native vegetation preserve on the site. The site was in use before the adoption of the Rural Fringe Mixed Use District regulations and can continue the current use as approved by Conditional Use 02-263 (as amended). The current 12-acre preserve is approximately 3 times larger than the requirement for Industrial/Commercial sites in the Urban Designated Area, which is 15% of the native vegetation present before development occurs. Policy 6.1.6 exempts this project from Rural Fringe native vegetation retention requirements as long as the existing use is continued. Since application materials are proposing a new use of the property, the Rural Fringe native vegetation requirements will apply. If the site is changed from Sending to Neutral, Policy 6.1.2 requires "A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved...". This percentage will be applied to any remaining vegetation outside the existing conservation easement, if any, and will be calculated at the time of the next Conditional Use review. The current, approximately 12 acre preserve shall be maintained under existing conservation easement limitations. Due to the sites proximity to the perimeter of the Rural Fringe boundary and the current state of the property, the change of this site from Sending Lands to Neutral Lands to accommodate the proposed new use will not have a significant impact on the remaining Sending Lands since the current use of the site pre-dates the Rural Fringe Sending Land regulations, and the new use will result in approximately one acre of additional native vegetation preserve. In summary, the proposed re-designation from Rural Fringe Sending to Neutral Lands has been accompanied by data and analysis that supports the re-designation. This proposal does not result in protection of an area of higher environmental value, but in the recognition and utilization of lands having an intermediate level of environmental value. Traffic Capacity/Traffic Circulation Impact Analysis. Includina Transportation Element Consistency Determination: Capital Improvement Element (CIE) Policy 1.2 sets forth that the County Commission shall not approve any petition or application that would directly access, or significantly impact, a deficient roadway segment. This language is mirrored in Policy 5.1 of the Transportation Element (TE). CIE Policy 1.2 states, "Significant impact is hereby defined... as generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste, potable water, sanitary sewer, and drainage facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway." TE Policy 5.1 provides for same, and allows certain petitions and applications to be approved with "specific mitigating stipulations". A Traffic Impact Statement (TIS), dated May, 2009, was prepared by Omega Consulting Group and submitted with this petition, including the analyses typically provided in a Growth Management Plan amendment application. - 8 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H The TIS concludes that the roadway links analyzed, as part of the analysis, will not be significantly or adversely impacted by the resultant change to the Growth Management Plan. The Level of Service will remain above the adopted Level of Service threshold for the roadway links analyzed. The Collier County Transportation Planning staff has concurred with the assessments put forth within the associated TIS, and provides the following remarks: Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. White Lake Boulevard Impacts: The first roadway link that would be impacted by this project is White Lake Boulevard, which connects to Collier Boulevard (CR 951) north of 1-75. The project would generate up to 36 PM peak hour, directional trips on this link, which represents a 5.0% impact. This is not yet an adopted concurrency link, so remaining capacity is not measured in the adopted 2008 AUIR. White Lake Boulevard is included in the 2030 LRTP, demonstrating a 2-lane connection to Wilson Boulevard, CR 951 Impacts: The first concurrency link that would be impacted by this project is Link 32.2, Collier Boulevard between Golden Gate Parkway and 1-75. Without consideration for project interaction with the County Landfill, the project would generate up to 18 PM peak hour, peak direction trips on this link, which represents a 0.73% impact. This concurrency link reflects a remaining capacity of 449 trips in the adopted 2008 AUIR and is at Level of Service "0". With consideration for project interaction with the Landfill, the impact to Collier Boulevard would be 9 PM peak hour trips - an impact of 0.37%. No subsequent links of Collier Boulevard require analysis beyond the first impact. Furthermore, Collier Boulevard is included in the 5-Year CIE with improvements shown to be planned in FY 2010. Design plans currently (as of September, 2009) indicate a widened portion of Collier Boulevard between the Golden Gate Main Canal and Davis Boulevard, covering portions of two separate concurrency segments. Lona Ranae Transportation Plan: The 'Needs' and 'Financially Feasible' maps found in the County's adopted Long Range Transportation Plan (LRTP) [Maps 10-2 and 12-1, respectively], indicate s the southerly property boundary coincides with the current boundary recommended by the County's consultant performing the Wilson/Benfield Corridor Study. To be consistent with these Corridor plans, Transportation Planners recommend that 130 ft. be reserved along the southerly property boundary for future road right-of-way. Recommended Condition: This project reserve 130 ft. along the southerly property boundary for future road right-of-way coinciding with the current boundary recommended by the Wilson/Benfield Corridor Study at such time that zoning action is undertaken to allow the proposed land use(s). - 9 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this application. For water and sewer, the proposed solid waste collection, transfer, processing and reduction operation will demand 375 gallons per day - not considered to be a significant impact. However, for some public facilities, such as park facilities, the impacts will be lessened since this is not a residential project. Utilizing the level of service standards identified in the CIE, the proposed uses will not result in a significant impact on Category A public facilities. Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations and provided the following: Water and Wastewater Review Comments: Based on the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. There are no connections or extensions of the existing water and sewer utilities proposed, therefore, this project does not impact the CCWSD. Solid Waste Review Comments: The Collier County Public Utilities Solid Waste Department supports the further development of private vendors that will help to receive and manage more of the county's waste stream. The existing mulching recycling facility and the Collier County Landfill are adjacent, and this GMPA application will allow this project to provide additional recycling operations that will support receiving, crushing, sorting, and storing of construction & demolition materials. If the proposed GMP amendment is approved, applicant plans to submit a conditional use application to expand operations to include collection of construction and demolition materials. As such, Solid Waste staff and applicant and his agents met on August 18, 2009 to discuss future uses on the property. Solid Waste staff desires to ensure that the property is in compliance with all existing local, state and federal regulations and in harmony with existing practices at the landfill. Therefore, at the meeting Solid Waste staff raised concerns related to odor, noise, health and safety, fire safety, traffic, and hurricane preparation. It was agreed that applicant will provide information to address these concerns in the conditional use application subject to Solid Waste staff's further review. Historical and Archaeoloaicallmpacts: Historic or archaeological resources have not been identified as present on the subject property, based on a review of the Collier County Index of Historic/Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps. 2008 Leaislation - HB 697: This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The petitioner has not submitted a response, data or analysis regarding this legislation. - 10- CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H Appropriateness of Chanae: The practicality of the application's proposed Subdistrict was established through an evaluation of environmental characteristics predominantly, and other relevant factors, to ascertain insufficient need for retaining the Sending Lands designation and the appropriateness of the Neutral lands designation. Re-designation of this site will have a negligible impact of the Transfer of Development Rights program given the small size of the site (28.7 acres) as well as the amount of site clearing that has already occurred. It's location on the periphery of Sending lands does not raise concerns that an isolated designation is being created. Protection of environmentally sensitive portions of the site will be addressed at the time of the next development order review, and there is an existing cOnservation easement. NEIGHBORHOOD INFORMATION MEETING (NIMl SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Wednesday, July 29, 2009, 5:30 p,m. at the Comfort Inn & Suites, located at 3860 Tollgate Boulevard, Naples. Approximately eight persons other than the applicant's team and County staff attended, and heard the following information: The applicant's agent provided a full description of the proposed amendment to the group, including the GMPA process, the Rural Fringe Mixed Used designation the TDR program, and the subsequent Conditional Use process, The presentation indicated that preserve areas already exist on the site, and they would not change as a result of expanded operations. No listed species are found on the site, and there will be no public facilities' impacts. The present and proposed uses were described, particularly the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials. Improvements accompanying the expansion would include construction of a new building and the addition of up to 10 new employees. Questions generated during the subsequent discussion focused on the nature of the proposed construction and demolition recycling activities, truck traffic and localized road conditions. No one in attendance expressed opposition to the project. The meeting was completed by 5:50 p.m. [Synopsis prepared by C. Schmidt, AICp, Principal Planner] FINDINGS AND CONLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: 1. Original RFMUD designations were based upon landscape scale analysis. Since then, proposals for re-designation have relied on site-specific environmental findings in order to demonstrate different property characteristics. The application provides data and analysis that the subject property's specific environmental condition supports the re-designation. - 11 - CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H 2. This property will be subject to all GMP requirements and limitations of the Neutral Lands designation, including the native vegetation preservation/retention requirements of the Conservation & Coastal Management Element (CCME), These requirements will be calculated at the time of Conditional Use review. 3. Impact upon the TOR program is negligible. 4. The southerly property boundary coincides with the current boundary recommended by the Wilson/Benfield Corridor Study for future road right-of-way, in accordance with the County's Long Range Transportation Plan (LRTP). This property is recommended to be reserved for right-of-way at the time of Conditional Use review. 5. Subsequent zoning activity must include a request to modify ("rezone") the RFMU Overlay, changing the RFMU Overlay - Sending Lands - NBM Overlay designation of the subject property to RFMU Overlay - Neutral Lands - NBM Overlay. This request may precede, but can be concurrent with, the Conditional Use application, ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) heard the proposed amendment at their September 2, 2009 hearing. EAC members concurred that the presented data and analysis demonstrates the subject site does not warrant RFMUD Sending Lands designation. Members discussed the proposed collection, transfer, processing and reduction of solid waste land use, and reminded attendees that if granted, the re-designation would also allow other Neutral Lands uses - those most similar to the Agricultural-Residential use allowed before the Rural Fringe Mixed Use District was established. Members also discussed how subsequent zoning activity will include both a request to modify ("rezone") the RFMU Overlay, changing the RFMU Overlay - Sending Lands - NBM Overlay designation to the Neutral Lands - NBM Overlay - along with a Conditional Use application. Native vegetation preservation requirements will be specifically addressed at the time that zoning action (CU, SOP) is undertaken. EAC members recognized that no objections were raised by NIM attendees. The EAC recommended to the Planning Commission and the Board of County Commissioners to transmit CP-2008-4 to the DCA on a 5-0 vote. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the Office of the County Attorney. [HAC] - 12- CP-200B-4, Fillmore Re-Designation of RFMUD Sending Lands Agenda Item 4H STAFF RECOMMENDATION: Based on the reviews and analyses provided within this Report, staff recommends that the Collier County Planning Commission forward Petition CP-200B-4 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Community Affairs, as written in the Requested Action section above, and in the accompanying Exhibit A. In addition to the above FLUE language, staff recommends the following stipulation, which is not intended to be made part of the GMP: · One hundred thirty (130) feet be reserved along the southerly property boundary for future road right-of-way at such time that zoning action is undertaken to allow the proposed land uses. PREPARED BY: (Jen~ ,-~\J' Corby L. Schmidt, AICP, Princ pal Planner Comprehensive Planning Dep rtment DATE: qIZ'1/01 REVIEWED BY: ,_+ '--' t Lv',J'I---.- David C. Weeks, AICP, Manager Comprehensive Planning Departm~ REVIEWED BY: ~ ~ Randy J. Cohen, AICP, Director Comprehensive Planning Department DATE: ~/ 2 1/e/ DATE: 7-21-- () J APPROVED BY: / ~ ~ Joseph K. Schmitt, hXd inistrator Community Develo ent and Environmental Services Division DATE: ~~)? Petition No: CP-200B-4 Staff Report for the October 19, 2009 CCPC Meeting NOTE: This petition has been scheduled for January 19, 2010, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, Chairman - 13- < 0 i:2 0 ...J f,O, >- E-< ,.- Z n ~ 0 Q p:: ~ :3 Ci ...J 0 ::J Q ::E ~ I:l:: ~ I:l:: 0 ::E ~ - ~ N n "3" I- 9 UwlX) wl-o -,-~ co en , ::l a.. en <.) cD n o z ~ d ~ ...J I- u<( Ww ~~ VT /-. - L() on " f;! :0 Vl '" f;! 3': ~ << '" ~ << o :J -I .::. cD ~ or Vl z o Vi 5 eo co", uw wu "'5 0-'" 15~ [L-I [L<< ::>0- "'z W -I",,,, !:jB~ zc:r,q: "'5, uz", J:;!wo ClO~ zz, ....[L o-U ~~w I"'-I !;,:g;G: a:-I ow > "W(J) roo CD 0 rN 01-" ~~l%) ~~~ ~8~ CPSP-200K -I FLL E j.,(;licy It) align dale, ,\genda Item .+.1 C:::;O~r C:::;Ount:.y .... ...... --........., - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMiSSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 RE: PETITION NO. CPSP-2008-7, STAFF PETITION REQUESTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. [TRANSMITTAL HEARING] Coordinator: David Weeks, AICP, Planning Manager REQUESTED ACTION and STAFF ANALYSIS: This petition consists of one staff-initiated amendment, as previously authorized by the Board of County Commissioners on October 14, 2008 at the Adoption hearing for the 2006 cycle of Growth Management Plan (GMP) amendments. The amendment, to create new Policy 4.11 in the Future Land Use Element (FLUE), is set forth below, followed by explanation/analysis. [Words underlined are added; row of asterisks (***) denotes break in text.} FUTURE LAND USE ELEMENT OBJECTIVE 4: [pages 15 & 16] In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must he consistent with the Growth Management Plan and further its intent. *** *** *** *** *** *** *** *** *** *** *** *** Policy 4.11 [new text, page 18J In the next Evaluation and Appraisal Report (EAR), due January I, 20 I I, Collier County will identify as an issue to be addressed, the need to align dates within the various elements of this growth management plan. This will include, hut may not be limited to, the planning time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps_ Necessary amendments to achieve the alignmem of dates will be included in the EAR-based amendments to the Plan. CPSP-2008-7 FLUE Policy to align dates Agenda Item 4.1. As part of the 2006 cycle of GMP amendments, staff proposed numerous amendments to the GMP (petition CPSP-2006-13), including amendments to the Transportation Element to change the year from 2025 to 2030 on the following maps: TR-1, 2030 Long Range Financially Feasible Plan Map; TR-2, 2030 Long Range Needs Plan Map; and, TR-3A, 2030 Functional Classification Map. The date revisions were proposed so as to extend the planning period for the Transportation Element from the year 2025 to 2030, based upon the long range transportation planning update by the MPO, Metropolitan Planning Organization. The BCC approved Transmittal of that petition to the Florida Department of Community Affairs (DCA). When the DCA rendered its Objections, Recommendations and Comments (ORC) Report on July 14, 2008, it included an Objection to this date extension (and to an unrelated amendment, CP-2006-10, to re-designate certain lands within the Rural Lands Stewardship Area Overlay), as follows: The Department has identified the following Objections to Amendments CP-2006-1O and CP-2006-13 (text amendments to the comprehensive plan): Objection 4: The Collier County Comprehensive Plan does not have a consistent time frame. The Future Land Use Map includes the years 2006-2016, while the Rural Lands Stewardship Area (RLSA) Overlay Program has a planning time frame to 2025 (according to proposed FLUE, RLSA Policy 4.2) and the proposed text amendment will change the Transportation Element Map TR-3A's, Collier 2030 Functional Classification Map, planning time frame to year 2030. Pursuant to Rule 91- 5.005(5)(a), F.A.C., the required elements and any optional elements shall be consistent with each other and where data are relevant to several elements, the same data shall be used, including population estimates and projections and public facility analysis. [Section 163.3177(2) & (5)(a), F.S. and Rule 91-5.005(4) and 91-5.005(5)(a), F.A.c.] Recommendation: Revise the comprehensive plan to have a consistent planning time frame. Below are the specific statutory and Rule references noted in this Objection. Florida Statutes Chapter 163.3177 surveys. *** *** *** Required and optional elements of comprehensive plans; studies and *** *** *** *** *** *** *** *** *** (2) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process. The several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall be financially feasible. Financial feasibility shall be determined using professionally accepted methodologies. *** *** *** *** *** *** *** *** *** *** *** *** (5)(a) Each local government comprehensive plan must include at least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period. 2 CPSP-2008-7 FLUE Policy to align dates Agenda Item 4.1. Florida Administrative Code Rule 9J-5.004(4) Planning Timeframe. Each local government comprehensive plan shall include at least two planning periods: one for at least the first five-year period subsequent to the plan's adoption and one for at least an overall ten-year period. *** *** *** *** *** *** *** *** *** *** *** *** Rule 9J-5.005(5)(a) Internal Consistency. The required elements and any optional elements shall be consistent with each other. All elements of a particular comprehensive plan shall follow the same general format (see "Format Requirements"). Where data are relevant to several elements, the same data shall be used, including population estimates and projections Staff provided to the CCPC and BCC the following response to this Objection, which the BCC approved to provide to the DCA: "Discussions with DCA staff regarding the above Objection reveals their reading of the statutory and Rule requirement that comprehensive plan elements be consistent includes planning time frames - that all elements, plans, programs, etc. contained within the GMP must reflect the same time period. One way to resolve this Objection would be for the County to modify all such elements, plans, etc. to reflect the same time period - either by reducing all to the minimum required ten-year period, as reflected in the CIE (2007-2017), or by extending all to the same more distant period, such as out to 2025 or 2030. However, doing either has risks (of a non-compliance finding by DCA) if not adequately supported by appropriate data and analysis. County staff is of the opinion that there simply isn't adequate time to compile and/or create such data and analysis at this time, nor is it a prudent use of limited resources to attempt to do so. Most particularly, if the time period was advanced to 2025 or 2030, more significant data and analysis would be necessary, and one or more new policies might be needed committing to conducting future studies to assess adequacy of land availability (especially non-residential) to support the necessary future population in the County to coincide with long term transportation maps, water and wastewater plans, the RLSA program, etc. While County staff does not necessarily agree with DCA's reading of the statute and Rule, and maintains that our elements, plans, etc. are consistent with one another in that they are all based upon the same population estimates and projections, the same 2005 build-out study, etc., we recommend not engaging this issue with DCA at this time. Instead, staff recommends an alternative approach to address the Objection: simply not to adopt the proposed amendments at issue. Specificallv. not adopt the chanqes to Transportation Element maps - and correlatinq text - to extend them from 2025 to 2030. and not adopt chanqes to the RLSA proqram (petition CP-2006-1 0). There is no harm in taking this non-action; the Transportation Element year changes are mere housecleaning revisions so as to reflect the latest dates contained in MPO documents, and the petitioner for CP-2006-10 has already requested this amendment not be adopted at this time. DCA has advised that should a future GMP amendment propose an increase in intensity or density, we should expect DCA to raise this inconsistent planning timeframe Objection again. The County will eventually need to address this issue directly - the staff recommended "not to adopt" option serves to postpone this issue to another time when it can be addressed more thoroughly." 3 CPSP-2008-7 FLUE Policy to align dates Agenda Item 4.1. In 2008, the County had three options: (1) Adopt the proposed amendment as Transmitted and see if the DCA would find it not in compliance with state law; (2) Adopt the proposed amendment as Transmitted AND adopt a new policy committing to conducting future studies to assess adequacy of land availability (especially non- residential) to support the necessary future population in the County to coincide with long term transportation maps, water and wastewater plans, the RLSA program, etc. (this second part based upon discussions with DCA staff); or, (3) not adopt the proposed amendment. The BCC chose option #3. Since the next Evaluation and Appraisal Report (EAR) is due January 1, 2011, and this 2007-2008 cycle of GMP amendments is slated for adoption in July 2010, only about five months prior to the EAR, staff proposes the new policy 4.11 which commits to addressing this issue through the EAR and EAR-based GMP amendments processes. STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP-2008-7 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. PREPARED BY: ~~l~ David Weeks, AICP, Planning Manager compre~nnin ~ment Randall Cohen, AIC ,Director Comprehensive Planning Department DATE: 4/2> ;hi REVIEWED BY: DATE: 7;2'J"lo7 APPROVED BY: DATE: 9~~f ph K. Schmitt, Administrator munity Development & Environmental Services Division Petition Number: CPSP-2008-7 Staff Report for October 19, 2009 CPCC meeting NOTE: This petition has been scheduled for the January 19, 2010 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark p, Strain, CHAIRMAN CPSP-200B-7 Transmittal Staff Report dw 9-22-09 G:\ComprehensiveICOMP. PLANNING GMP DATA\Comp. Plan Amendments\2007-200B Combined Cycle Petitions\200B Cycle Petitions\CPSP- 200B-7 alignment of dates dw/9-25-09 4 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. ~r~ <;;;OUnt;y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEP ARTMENT HEARING DATE: OCTOBER 19,2009 PETITION: CP-2009-1, DADE-COLLIER CYPRESS RECREATION AREA DISTRICT GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] Coordinator: Thomas Greenwood, AICP, Principal Planner AGENT/APPLICANT: Agent: James A. (Andy) McCall, Park Planner Miami-Dade County Park and Recreation Department 275 NW 2nd Street, 4th Floor Miami, Fl. 33128 Applicant/Owner: Miami-Dade County 111 NW 1 st Street, 29th Floor Miami, Fl. 33128 GEOGRAPHIC LOCATION: The property contains approximately 1,608 acres ofland located within Sections 13, 14, 15, and 16 of Township 53 South, Range 34 East. It adjoins the Miami-Dade/Collier County line north of U.S. Highway 41 and south of the runway of the Dade-Collier Training and Transition (TNT) Airport and is within the Big Cypress Area of Critical State Concern (ACSC) as illustrated below. This site comprises a portion of the 24,000 acres owned by Miami-Dade County, inclusive of the TNT Airport. The following maps illustrate the location and the proposed amendment to the Future Land Use Map [FLUM]. 1 Dade-Collier Cypress Recreation Area District DRAFT EXHIBIT A [FLUM AMENDMENT] f- -ii-..-, r J'ui'. T --.arl-T .-.. flrUlI1 LAU .n .AP c......t.,,-ty~ :,~=;.=~~ E."X'-il6r ...... I ..- "'1 -. -. .-e----T.~-tlfi-- -1- ~ETrno"t CP-2009-i:1 .".- .- r- --iII.--' r -ini- r '-i-i.-.-l'-------~--'---__: - -- u---- 0--_ ......._ . 0--- -..a:.-~.-..-- 1---- ..."'.....-- b'==::-~! iJE"ie.=.: ' !!=~~- ~_ I~:.. I~-- 11::=..----"1 ._ o~=- ==-- ~ .;:;;'~ i~ ;~ I ~ I~-' - -.... m7':-- =. . .' I. "'::"c~==-'-- ' ii !~ it; ~ .--/---- -", loi \i -!-JI \ ~a:..:.- . ...........y....- .. 1t3t: ~ ......, -... -loot"", o ~ ~-- :.. ~~...I_ I ,I!~IU. . :..... _~__!~-.!__ L _I__II!..! .~. ~__!l..l !.-'.'_ .~, '_>>1 _'"I ~ IMDE.OOI.w:JI Ol"PBili8 UICIIIIA'l'ION "'L< DItftlC>!' CDU..II:Il COmiTY', f'L0II.ID.A RANCE :34- ~ ~ ~ I " 17 " 74~iWl llfAtl. (v... 4') 21 " >Q 30 ~ 29 PR:[PMID It\': ,1I,{tH) W.PP'lNQ G1IaN CtllrllllllN1V Il[WUJ'..,n ANO [llMIIcnMlnT.Al. IJ;::N!;D llllJ&lJN F'II.E!!:I'-JCICII.....Il,'-DIl 1);I,1E!112XII ~ i ~ ~CEUM~ ~ ~naJ"" JlIm'~ U01UlD - FF=F=F'1 2 Agenda Item 4.1. .- . .- - = Dade-Collier Cypress Recreation Area District Agenda Item 4.J. REQUESTED ACTION: The subject property is designated Conservation, and is in the ACSC Overlay, on the Countywide FLUM of the Collier County Growth Management Plan (GMP). Presently, there are no Districts or Subdistricts in this designation. This petition seeks to amend the Future Land Use Element (FLUE) and the FLUM of the GMP to create the "Dade-Collier Cypress Recreation Area District" within the Conservation Designation to allow for a variety of outdoor recreation activities, including trails for the operation of off-highway vehicles (OHVs)*. * An OHV is defined in Section 261.03(6) of Florida Statutes as any all terrain vehicle (ATV), or off highway motorcycle (OHM) that is used off the roads or highways of this state and that is not registered and licensed for highway use under Chapter 320 of the Florida Statutes, ATV is defined by Section 261.03 (2), F.S. as follows: (2) ''ATV'' means any motorized oJJ~highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more non-highway tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. "; and OHM is defined in Section 261.03(5), F.S. as follows: (5) "OHM" or "o.ff-highway motorcycle" means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped. " In addition to the FLUM amendment shown on the previous page, the proposed text amendments, shown in strike-through/underline format, are as follows: (Single underlined text is added, as proposed by the applicant. Row of asterisks denotes break in text. ) Policy 1.4: [FLUE page 12] The CONSERVATION Future Land Use Designation shall include a Future Land Use District. A. DADE-COLLIER CYPRESS RECREATION AREA DISTRICT ************************************************************************ IV. CONSERVATION DESIGNATION A. Dade-Collier Cypress Recreation Area District [FLUE page 87] The Dade-Collier Cypress Recreation Area District encompasses approximately 1.608 acres ofland located within Sections 13. 14, 15. and 16 of Township 53 South. Range 34 East. adioining the Miami-Dade/Collier County line north of U.S. Highway 41 and south of the runway of the Dade-Collier Training and Transition Airport, and within the Big Cypress Area of Area of Critical State Concern (ACSC). All lands within this District are 3 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. entirely owned by Miami-Dade County and includes wetlands, cypress and hardwood forests, and five man-made lakes. The primary purpose of this District is to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the county and the regIOn. The uses follows: a. allowed within this District, with limitations specific to this District. are as Visitors' center building - for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2.400 square feet; b. Parking lot limited to a capacity of 80 passenger vehicles and associated trailers; c. Primitive Camping; ~ Recreational vehicle camping; e. Fishing piers and docks; f. Multi-use trails for pedestrians and bicycles; 9.:. Wildlife viewing platforms and overlooks; h. Archery range; Off highway vehicles (OHV) trails; and Other uses as allowed in the Conservation Designation. i. 1 Development within this District. except for trails, may be concentrated on already disturbed area along the western portions of the site, primarily in Section 16. The drainage and storm water management systems for this District may be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. Site development may restore/realign existing trails previously created by swamp buggies that traverse the site primarily in an east/west direction. Lake edges may be improved with a shallow littoral zone where determined appropriate. At the time of rezoning, an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in FS. 261.03 and 261.20 for operation of OHVs on public land. These specifications may address vehicle and tire size, noise control. prohibition of certain OHV types (e.g. tracked vehicles), prohibition of devices affixed to tires (e. g. tire chains). 2. An OHV inspection program and vehicle registration program. l:. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses - campsites, parking areas, archery range, OHV trails and trail access points, pedestrian and bicycle trails, etc. ~ Development intensity limitations - maximum number of RV and primitive camping sites, cap on number of OHV users daily, etc. 6. Monitoring provisions to ensure OHV compliance. 4 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. 7. Enforcement program for compliance with all site/park restrictions and limitations. ~ Specification of periods of operation. especially for OHVs - daily hours of operation. periods of closure (e.g. high water, fire threat, hurricane threat), seasonal restrictions or closure. 9. Monitoring for detrimental impacts upon listed species. .1Q. Restoration plan for presently disturbed portions of the site not to be utilized (e.g. most of the existing OHV trails). and creation of littoral zones for all lakes. 11. Demonstration of compliance with the ACSC limitations (e.g. maximum site alteration of 10%). .l2. Deviation to request disturbance to areas impacted by development in the ACSC where unavoidable up to a maximum of 10% of the subiect site. ************************************************************************ FUTURE LAND USE MAP SERIES [FLUE page 124] Future Lands Use Map Mixed Use and Interchange Activity Center Maps ************************************************************************ Livingston Road Commercial Infill Subdistrict Map Dade-Collier Cypress Recreation Area District Map BACKGROUND AND PROJECT DESCRIPTION: This site was recommended in the Miami-Dade County Park and Recreation Department's August, 2007 study entitled, "Off-Highway Vehicle Trails Feasibility Study" [Appendix V.D.5b.l]. This Study evaluated 23 sites for potential future OHV usage and selected five sites, including the subject site for further investigation. The Study found the land surrounding the TNT Airport as the most viable long-term option of the five sites - in part because it is already owned by Miami-Dade County. Additionally, Collier County Resolution No. 09-144 [Appendix V.D.5b.14] was approved by the Collier County Board of County Commissioners on June 9, 2009. This Resolution directs the County Manager or his Designee to "support" the establishment of this 1,608-acre recreation area; identify the applicable planning and development approvals necessary for the development of this recreation area; and assist with coordinating input from the applicable regulatory agencies. The applicant is requesting approval to establish the "Dade-Collier Cypress Recreation Area District" (District) as a new District in the Conservation Designation of the FLUE and to show this District on the FLUM so as to allow for the development of the District. The applicant proposes the following uses within the proposed new District: · visitors' center building - for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2,400 square feet; · parking lot limited to a capacity of 80 passenger vehicles and associated trailers; 5 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. . primitive camping (3 to 10 acres); · recreational vehicle camping (5 to 10 acres); · fishing and piers and docks (100 to 300 acres); · multi-use trails for pedestrians and bicycles; wildlife viewing platforms and overlooks (30 to 45 acres and approximately 10 miles of trails); . archery range (2 to 10 acres); · OHV usage and trails (5 to 15 acres and approximately 15 miles in trail length); and · other uses as allowed in the Conservation Designation (1218 to 1463 acres). The existing Conservation Designation allows all of the above listed uses - in context as a passive recreational use or as a component of a conservation or habitat preservation use - with the exception of the proposed OHV usage. The context is critical. For example, if an owner of 40 acres designated Conservation requested approval to allow development of a campground, the request would be rejected. Contrast this with Collier - Seminole State Park, also designated Conservation, which does allow camping and is deemed consistent with the Conservation designation. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMP A Staff Reports" located behind the "GMP A Standard Language" tab. This document addresses some items common to all petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the six petitions seeking amendments to the GGAMP. Existine. Land Use. Zonine.. and Future Land Use Desie:nation: Subiect Site: Existing land uses on the subject site. The existing land use on the subject property is vacant or undeveloped with the site fenced on all sides, with the exception of a portion of the east boundary of the site which does not have a continuous fence. The application indicates that five man-made lakes exist which were developed in 1968 (borrow pits as part of the construction of the adjoining Dade-Collier Training and Transition Airport to the immediate north and access road to U.S. Highway 41); approximately 27 miles of unsupervised hikinglbicycling/wildlife trails; and approximately 22 miles of unsupervised OHV/swamp buggy trails. The site is generally not open to the public, except for self- described Gladesmen who operate unpermitted legacy campsites within the property, OHV riders who trespass on the property, and permitted Eco-Adventure tours operated by the Miami-Dade Park and Recreation Department. Existing zoning of the subject site: "Conservation with Area of Critical State Concern/Special Treatment Overlay"(CON-ACSC/ST). As such, all development on the subject site will be required to comply with the Area of Critical State Concern/Special Treatment Overlay of the LDC, including standards specific to site alternation, drainage, transportation, and structure installation. Existing future land use designation of the subject site: "Conservation with Area of Critical State Concern Overlay". As such, all development on the subject site will be 6 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. required to comply with the Conservation and Area of Critical State Concern Overlay of the FLUE, including standards specific to site alternation, drainage, transportation, and structure installation. These same standards are found in the statutory ACSC designation. Surrounding Lands: North: Dade-Collier Training and Transition Airport; zoned "CON-ACSC/ST" and a FLUM designation of "Conservation with ACSC Overlay". East: Vacant lands in Miami-Dade County within the ACSC. South: Vacant lands; zoned "CON-ACSC/ST" and a FLUM designation of "Conservation with ACSC Overlay". West: Vacant lands; zoned "CON-ACSC/ST" and a FLUM designation of "Conservation with ACSC Overlay". Comorehensive Plan Amendment data and analvsis requirement Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J-5.005 "General Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2) "Data and Analysis Requirements." Sub-section 9J-5.005(2) of the Florida Administrative Code states (in italics) that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time oj adoption oj the plan or plan amendment at issue. The Department will review each comprehensive plan [amendment] Jor the purpose oj determining whether the plan [amendment) is based on data and analyses described in this Chapter and whether data were collected and applied in a proJessionally acceptable manner. " It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to generate data and analysis for the applicant, rather it is staffs responsibility to review and analyze the petitioner's data and analysis for accuracy, applicability, professional acceptability, sound methodology, etc. Any outstanding deficiencies or other issues with respect to data and analyses that may remain at the time of any requisite public hearing are the responsibility of the applicant. A detailed synopsis of the adequacy of the data and analysis for the subject plan amendment is set forth below with specificity. 7 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Considerations and Appropriateness of Chan2e: OHV usage ...existing and proposed Existing OHVs limitations within the Conservation Designation. Generally, recreational use of OHVs is presently not allowed in the Conservation Designation except on lands established for conservation/preservation purposes (e.g. state and federal parks, preserves and refuges) for which a management plan has been prepared, and publicly vetted, that includes OHV use as a component. An example would be the Big Cypress National Preserve, which allows all terrain vehicles (ATVs), swamp buggies and airboats within certain areas of the Preserve and subject to restrictions. Proposed OHVs usage within the oroposed "Dade-Collier Cvpress Recreation Area District" of the Conservation Designation. This application proposes that OHVs would be allowed as a recreational use on the subject site as outlined in Appendix V.D.5b of the application entitled, "Data and Analysis for the Proposed Uses". Reaching this site would involve an approximate I to 2 hour drive for most residents in Lee and Collier Counties as well as from other counties on the East Coast of Florida. Geographically, the proposed District is: · within and surrounded by environmentally sensitive areas of Collier County designated Conservation on the FLUM and located within the ACSC; · within and surrounded by the Big Cypress National Preserve; · approximately 50 miles from the Collier County coastal Urban Designation of the FLUM; and · approximately 50 miles from the Miami-Dade County and Broward County urbanized areas. A majority of users of the subject site could be expected to come from these urbanized areas, as well as from the Golden Gate Estates and Rural Fringe areas. Other existing or proposed OHV facilities. In addition to the proposed new District, the following is a current status of some of the other existing or proposed OHV facilities in South Florida: (1) Proposed Lake Trafford de-mucking site. This approximate 640-acre site is located in the northwest comer of the Immokalee Urban Designated Area. Reaching this site is an approximate 30 to 45 minute drive time for most Lee and Collier County residents. The site is designated Low Residential Subdistrict in the Immokalee Area Master Plan. The proposed use of this site for OHVs has been publicly vetted. The site was filled in 2005 and 2006 with dredge spoils removed from Lake Trafford. South Florida Water Management District (SFWMD) is the current owner. However, under a 2003 agreement between Collier County and SFWMD, Collier County would become the owner of the site for future use as an OHV park. Recent soil tests have shown that the Lake Trafford dredge material is contaminated with arsenic and the site may not be economically feasible for the intended OHV use due to the environmental clean-up costs. At this time Collier County and SFWMD are attempting to resolve this problem and Collier County is looking at other options to satisfy the OHV park demand. Collier County recently voted to sue the SFWMD over issues related to the availability of this 640 acres. 8 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. (2) Existing Redneck Yacht Club in Charlotte County. This 800-acre privately-owned site is located in Punta Gorda and opened to the public in January, 2009 as a ATV park. A July 26, 2009, Naples Daily News article indicated that this site drew approximately 15,000 guests during Memorial Day weekend. In addition to A TV s, this site also accommodates hundreds of tents, pop-up campers, and recreational vehicles, providing for multi-day guest visits. According to its website, this is "Florida's Largest Off Road Park" and is for use by swamp buggies, ATV's, trucks and Jeeps. It is open on weekends only. This site is estimated to be an approximate 45 minute drive from the Collier-Lee County line at 1-75. Staff acknowledges that this site, which appears to be for purely recreational use only (no apparent conservation component), is not used or operated as typically occurs for County Parks. The newspaper article noted that beer consumption by spectators and participants occurs, and a weapons search is conducted at the site entrance. (3) Existing and Proposed National Park Service OHV use in the Big Cypress National Preserve (BCNP). A National Park Service (NPS) Off Road Vehicle (ORV) proposal for the BCNP Addition (147,000 acres ofland added to BCNP in 1988) is related to CP-2009-09 in that the BCNP lands surround the subject project site. This NPS General Management Plan would introduce up to 140 miles of ORV trails into the BCNP addition lands, which trails also would be available for hiking, bicycling, and horseback riding. The maximum of 140 additional miles of proposed OR V trails is in addition to the 400 miles of existing trails within the original BCNP lands. This General Management Plan must be approved by Congress before it becomes effective. For further information, the "Big Cypress National Preserve Addition, Draft General Management Plan/Wilderness Study/Off-Road Vehicle Management Plan/Environmental Impact Statement", which was prepared by the NPS, may be viewed in its entirety at the following web site: http://parkplanning.nps. gov / document.cfm ?parkID= 35 2&proi ectId = 11 1 64&documentID =27329 Finally, there has historically been unauthorized "free range" A TV use on lands now owned by the State of Florida and known as Picayune Strand State Forest. Such use was prohibited and halted after acquisition by the State. The intent of providing an A TV park facility in Collier County is to provide a legal opportunity for OHV owners to enjoy the use of their vehicles in a safe, managed facility. Consistency with the Conservation Desie:nation of the FLUE A portion of the Conservation Designation of the FLUE is provided below (in italics) with staff analysis immediately following. "The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justijj; attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular 9 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County, which are primarily owned by the public, although private in-holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Presen'e, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve. Delnor- Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land management or conservation groups. Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are authorized in this Designation. *********************************** f Passive parks, and other passive recreational uses,' " *********************************** Land Development Code (LDC), Section 1.08.02, defines "Passive Recreation" as follows: "Passive Recreation: Activities characterized by a natural resource emphasis and non- motorized activities. These activities are deemed to have minimal negative impacts on natural resources; or are consistent with preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation. Examples of passive recreation include, but are not limited to, bird watching and nature study, swimming, picnicking, hiking, fishing and hunting, where appropriate." Staff places emphasis upon the words "non-motorized activities" as the expressed intent of the Conservation Designation is to limit recreational activities to passive non- motorized recreational activities. The proposed OHV use on the subject 1 ,608-acre site is a departure from the intent of the Conservation Designation. Further, the U.S. Fish and Wildlife Service's National Wetlands Inventory classifies this site as "Freshwater Forested/Shrub Wetlands". The intent of the Conservation Designation is to, "conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. " The proposed OHV usage is unlikely to lead to the conservation and maintenance of the natural resources of Collier County. 10 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. The Conservation Designation includes private in-holdings and privately owned conservation areas, in addition to the publicly owned lands. The establishment of the "Dade-Collier Cypress Recreation Area District" and related OHV usage may lead to other future private or public petitions for the establishment of other similar uses within the Conservation Designation. Based upon application materials, there is no question the site has been impacted from past and present activities. Borrow pits exist on the site from past excavation activities related to the construction of the adjacent runway and access road; the runway, access road and u.s. 41 have, in some way, impacted natural drainage on the site; and, unauthorized OR V use on the site has created trails across the site. However, despite these impacts, the site remains a viable, functioning wetland (93% of site is wetlands). Ceasing unauthorized ORV use on the site through education and/or enforcement will allow the trail areas to naturally, over time, become re-established with wetland vegetation. The petitioner suggests, in part, that these trails impacts are the reason this petition should be approved. In summary, the introduction of OHV uses into this 1,608-acres site within the Conservation Designation will result in the following: . a significant increase of site-specific traffic, both from licensed passenger vehicles and OHVs, and related environmental costs; . extended travel times from population centers and related environmental impacts to reach this site; and . environmental impacts upon these "Freshwater Forested/Shrub Wetlands". Accordingly, this petition is found to be contrary to the intent of the existing Conservation Designation and may be found inconsistent with that Designation. Consistency with 2008 Lee:islation - HB 697 rGreenhouse Gas Emissions - "GHG"l This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. Some key phrases in the legislation include: "discouragement of urban sprawl"; "greenhouse gas reduction strategies"; "transportation strategies to address reduction in greenhouse gas emissions from the transportation sector." Among other things, it requires certain amendments to the Growth Management Plan (future land use element and map, housing element, transportation element, conservation and coastal management element) which would be initiated by Collier County. However, in the interim (and perhaps beyond), each GMP amendment petition should include data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Below are excerpts from "The Role of Local Land Use and Transportation Planning in Reducing GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom Pelham, Esq., AICP. This helps to explain the rationale for the legislation and what DCA expects in reviewing GMP amendments. I. Introduction: The Problem 11 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. A. About 36% of carbon dioxide emissions in Florida are produced by the Transportation Sector. B. Of these emissions, about 83% come from vehicular travel. C. A key factor is the extent of the vehicle miles traveled (VMT). D. DOT projects that by 2050 VMT will increase 173% based on current trends. E. We must reduce VMT in order to reduce GHG from the Transportation Sector. F. Local Land Use and Transportation Planning will playa critical role in reducing VMT. II. HB 697: Enhanced Local Planning to Reduce VMT and GHG A. HB 697 Amended Ch. 163, F.S., to Establish New Local Planning Requirements. B. Future Land Use Element - based on data and studies that demonstrate: 1. Discouragement of urban sprawl; 2. Energy efficient land use patterns that account for existing and future electric power generation and transmission systems; 3. Greenhouse gas reduction strategies. III. When Must Governments Comply with the New Requirements? A. The New Requirements Went into Effect on July 1,2008, when HB 697 Became Law. B. DCA will apply the New Requirements to Plan Amendments Transmitted After July 1, 2008, for ORC Review as follows: 1. FLUM Amendments must be Supported by Data and Analysis Relating to Urban Sprawl, Energy Efficient Land Use Patterns and GHG Reduction Strategies. 2. FLUE Text Amendments with Significant Potential to Impact Development Patterns Must Comply with the New Data and Analysis Requirements. 3. Major Textual Amendments to Transportation/Traffic Elements and Large FLUM Amendments must Address new GHG Reduction Requirements. C. Local Governments must comply with all New Requirements NO Later Than DUE DATE of EAR-Based Amendments. IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and GHG? [a list was provided of a dozen resources] V. This literature discusses transportation and land use planning strategies to reduce VMT and GHG. A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their Cars). B. Planning for Alternative Modes of Travel- Walking, bicycling and transit. C. Planning for More Compact Mixed-Use Development 1. A mix of residential, commercial, and recreational uses in close proximity to Employment Centers. 2. Encourages Walking and Bicycling. 12 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. 3. Supports Transit. 4. Reduces Number and Length of Automobile Trips. D. Planning for Higher Densities in Appropriate Places 1. Higher Density Development has Smaller Carbon Footprint. 2. A Blended Average Density of 7 units/acre is Sufficient. 3. Transit-Oriented Development - Cluster Higher Density Around Transit Stops. Staff advised the applicant of the need to provide data and analysis regarding the quantification of the amount of GHG emissions which would result from the development of this proposed park site. The applicant, in a July 10, 2009 letter immediately following the application cover letter, has addressed Florida House Bill 697 as it would relate to CP-2009-01. The applicant did not quantify the amount of GHG emissions which might occur because of this project. Rather, the applicant states that the site's location and the limited number of annual visitors will result in a small impact on the creation of GHG and that the GHG emissions impact within and near the subject site will be largely offset by the number of lives that are saved by the reduction in the use of dangerous, illegal, and unmanaged recreation sites. No data and analysis was provided to demonstrate how this project discourages urban sprawl and reduces GHG emissions. Accordingly, the DCA may well raise issues regarding this requirement within the Objections, Recommendations, and Comments Report if this project is transmitted to the DCA with the current applicant response to HB 697. Consistency with the "T. Mark Schmidt Off-Hi2hway Vehicle Safety and Recreation Act" (Act) This Act was signed into law in 2002 with the intent to "create new opportunities for OHV users (specifically ATV and OHM users) while safeguarding the integrity of Florida's natural resources ". This Act is referenced on page 22 of Appendix V.D.5b.1 of this application entitled Park and Recreation Department Off-Highway Vehicle Trails Feasibility Study for Miami- Dade County; August. 2007 (Study). Page 20 of this Study states that, "The other sites [other than the subject site] offer potential opportunities for permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami-Dade County, share many physical characteristics with the preceding [the subject site] while having fewer environmental constraints, but are less suitable overall because of their ownership composition. " Based upon staff review of this application and this Study, there is insufficient evidence presented to document that the proposed project will "safeguard the integrity of Florida's natural resources" as is the intent of the Act. Further, this site is the most environmentally sensitive site of the top contending sites analyzed within this Study. Staff concludes that the on-going site specific environmental impacts associated with the OHV use of the subject 1,608-acre site, as well as environmental impacts associated with motorized travel to the subject site by potential OHV users, will be greater than the alternative use of either the Homestead Speedway or FRS Holdings site for OHV use 13 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. located in Miami-Dade County. In summary, the proposed OHV site may not be consistent with the intent of the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act in that this site's use for OHV activities may fail to "safeguard the integrity of Florida's natural resources" by introducing this more intensive active recreational activity into the Conservation Designation. However, an August 26, 2009 letter to Miami-Dade County Parks and Recreation Department staff from the Florida Department of Agriculture and Consumer Services finds, "Petition Number CP 2009-01 to be consistent with the intent of the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act." [see Exhibit V.D.5bI15] Consistency with Policy 1.1.1 of the Recreation and Open Space Element (ROSE) of the GMP Policy 1.1.1 of the ROSE is shown in its entirety in italics below. "Policy 1.1.1: Collier County hereby adopts the following level of service standards for facilities and land owned by the County or available to the general public: LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land/1, 000 population (unincorporated) B. 2.9412 acres of regional park land/1, 000 population C. Recreation facilities - Facilities in place, which have a value (as (J:) defined) of at least $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. 1. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in the Annual Update and Inventory Report (A UIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in- place facility value. " In as much as the "Dade-Collier Cypress Recreation Area District" would be open to public use, it may augment existing recreational lands and facilities owned by Collier County and help support the County's efforts to meet its adopted LOSS for regional park land, irrespective of the approximate 50-mile drive from the Collier County Urban Designated Area. However, the application indicates that the facility will be closed during peak wet season and peak dry season in conformance with an adaptive comprehensive management plan to be approved at the time of rezone. IF the subject site 14 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. would count toward attaining the LOSS for regional park land during these limited times of the year, this project may be found consistent and supportive of Policy 1.1.1 of the ROSE. Consistency with Policy 1.1.4 of the ROSE of the GMP Policy 1.104 of the ROSE is shown in its entirety in italics below. "Policy 1.1. 4: "Acquire suitable lands for new park sites in areas where major population growth is expected. " Although Collier County is not acquiring a park site as part of this project, Collier County Resolution 2009-144 (Appendix V.D.5b.14 of this application) states that Collier County "supports" the establishment of the "Dade-Collier Cypress Recreation Area Recreation District". With respect to Policy 1.1.4 of the ROSE of the GMP, this site was acquired by Miami-Dade County in the early 1960s for airport purposes. Its location is not in an area where major population growth is expected, due to the development limitations inherent in the surrounding Federal and State land ownerships and the limitations on development placed by the Conservation Designation, To the extent that Policy 1.104 applies to this project, this project may be found inconsistent with Policy 1.104 of the ROSE. Consistency with Policy 1.4.2 of the ROSE of the GMP An excerpt of Policy 104.2 of the ROSE is shown in italics below. "Policy 1.4.2 "Continue to develop and implement a formal program for coordinating County programs with other government agencies. Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within, or adjacent to, Collier County. Said governmental entities shall include, but not necessarily be limited to: us. Department of Commerce, The National Oceanic and Atmospheric Administration Us. Department of the Interior, The National Park Service The Florida Department of Environmental Protection, Division of Recreation and Parks Florida Department of Agriculture and Consumer Services, Division of Forestry Lee County, Florida Hendry County, Florida Broward County, Florida Dade County, Florida ************************************************************************ To the extent that this application involves coordination between Miami-Dade County and Collier County in the development of the recreational activities and facilities envisioned in the proposed "Dade-Collier Cypress Recreation Area District", it may be found consistent with and supportive of Policy 104.2 of the ROSE. 15 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Consistency with Policy 1.8 of the Economic Element of the GMP Policy 1.8 of the Economic Element is shown in its entirety in italics below. "Policy 1.8: Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other unique natural resources. " The establishment of the proposed 1,608-acre "Dade-Collier Cypress Recreation Area District" would result in the introduction of a significant increase in annual visitors and OHV enthusiasts into this area. This is in contrast to the existing limited number of unauthorized trespassers who currently occasionally use this area for OHV use and other uses. The projected environmental impact is detailed in the "Environmental Impacts" section of this report which follows. Accordingly, the development of this environmentally sensitive site as a formal OHV park may be found inconsistent with Policy 1.8 of the Economic Element of the GMP due to the negative environmental impacts. Consistency with Obiective 7 of the Future Land Use Element of the GMP Objective 7 of the Future Land Use Element of the GMP is shown in its entirety in italics below. "OBJECTIVE 7 In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. " *********************************************** The intent of Objective 7 is ensure "smart growth" during the development and redevelopment of specific urban portions of Collier County. No Policies exist under Objective 7 relating to the development of the proposed 1,608-acre Dade-Collier Cypress Recreation Area. However, within the "Natural Lands" section of the Dover, Kohl & Partners publication, the following is stated in reference to the Big Cypress National Preserve and other publicly owned preserves which, in their entirety, comprise approximately 66% of the area of Collier County: "The parks and wildlife refuges were designated to restore the Everglades ecosystem, protect water quali(r and aqu!fer recharge, and protect listed species, such as the Florida panther (Felis concolor cOlyi) , Florida black bear (Ursus american us floridanus), and other species, v,c'hich utilize this region for their migrations and home ranges. " Because the development of the proposed Dade-Collier Cypress Recreation Area will cause a substantial increase in the number of on-road and off-road motor vehicles within this relatively small environmentally sensitive area, Staff concludes that such proposed usage is not consistent with the conservation purposes of the publicly owned preserves located in Collier County. 16 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Consistency with Level of Services Standards (LOSS) contained in the Annual Uodate and Inventory Reoort The proposed project will not be able to comply with and meet certain LOSS standards, as contained in the Annual Update and Inventory Report (AUIR) related to public safety in the use ofthis site as an OHV facility specifically, as described specifically as follows: a. Emergency Management Services (EMS) (Appendix V.E.3). This project is located approximately 50 miles from the closest EMS Station 61, located at 201 Buckner Avenue in Everglades City. Due to the increased potential for serious injury involving the use of OHVs and other active recreational activities proposed on this site, excellent EMS is crucial to the safe operation of this site as an active recreational facility. The EMS LOSS specified in the 2008 AUIR is 12 minutes of travel time for rural areas 90% of the time, requiring 1 unit per 16,400 people. The travel time to the project site would be approximately 50 minutes by vehicle and a lesser amount if a helicopter is used and would far exceed the adopted EMS LOSS and is inconsistent with the AUIR. However, the applicant verified the availability of a helipad at the adjoining TNT Airport Facility for the landing of emergency medical responders to the site when needed. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginaL and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services are available from the project site to summon EMS for emergency services in a potential life-saving timely manner. b. Fire Protection. (Appendix V.E.3) This project is located within the Ochopee Fire District Boundary and approximately 50 miles from the Ochopee Fire Station No. 60, located at 201 Buckner Avenue in Everglades City. The Ochopee Fire Department LOSS specified in the 2008 AUIR is 4 minutes per 1.5 mile radius from the fire station. The travel time to the project site would be approximately 50 minutes and would far exceed the Fire Protection LOSS and is inconsistent with the AUIR. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginal, and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services are available from the project site to summon fire protection services in a potential life-saving timely manner. c. Law Enforcement. (Appendix V.E.3) This project site is located within the Collier County Sheriffs Office District 7 service area (Everglades) approximately 43 miles from its 32020 East Tamiami Trail location, which is east of Ochopee and near the intersection of East Tamiami Trail with SR-29. The LOSS standard for Law Enforcement in the AUIR is based upon 1.96 officers/l,OOO population and not based upon response time. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginal, and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services 17 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. are available from the project site to summon law enforcement services in a potential life-saving timely manner. Environmental Impacts: Staff requested a detailed desktop analysis of non-tidal ACSC lands within the Conservation designation as shown on the Future Land Use map as a comparison for why this site is the most feasible for the proposed use and how this site is different from other Conservation designated in order to clearly show that the proposed use is appropriate. The applicant has declined to provide staff with this data and analysis. The environmental report prepared by Miller Legg and submitted with this petition, dated July 2009, indicates the following: · The project site includes mixed wetlands hardwood; dwarf cypress; cypress; cypress/mixed hardwoods; wetland scrub; freshwater marsh, disturbed; exposed rock with marsh grasses; borrow areas; and fill areas. Besides the borrow pits and fill areas, which account for approximately 7 percent of the site, the entire site is wetlands. · The summary table of listed species known to inhabit the site, or similar habitats as found on site, indicates that there are thirteen potential state and federal listed animal species and eight potential protected plant species that could be found on or utilizing the site. The site lies within primary panther habitat and the far most western portion lies within primary bear habitat with the remainder of the site lying in secondary bear habitat. A detailed listed species survey will be required at the time of the rezone. The project site shows disturbance in the form of numerous unpermitted OHV trails which cross the property in all directions and also unpermitted camp sites. No information has been submitted as to the frequency of their use. Appendix V.D.5b indicates that approximately 27 miles of hiking/bicyclinglwildlife trails and 22 miles of OHV trails exist on the subject site. The applicant proposes to keep or create 10 miles hiking/bicyclinglwildlife trails and 15 miles of OHV trails. The 15 miles of proposed "hardened" OHV trails would be 5' - 12' in width with the remaining 7 miles of existing OHV trails to be restored to their natural condition. Some of the proposed trails may be realigned to restore natural sheet flow to the area. However, the drainage plan indicates the perimeter of the property would be graded, potentially limiting sheet flow across the site from surrounding areas. This plan also indicates the existing borrow pits may be used for storm water management, which would require underground piping and dry retention for pretreatment resulting in further wetland impacts. The stormwater management system will be finalized before the final development plans are approved. A hydrologist with Big Cypress National Park has indicated the site isflooded most of the year. Approximately the western third and the north half of the site, which is 18 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. predominately dwarf cypress, is flooded from June through January and the rest of the site is flooded from June through March. The Florida Fish and Wildlife Commission (FWC) maintains a Wildlife Management Area on and surrounding the site and has submitted preliminary informal comments that have been attached to this staff report (see Attachment 1). The petitioner has not submitted adequate data to support the proposed uses. Therefore the Engineering and Environmental Services Department staff cannot support the petition and recommends that this application not be transmitted to the Department of Community Affairs. IF the petition is forwarded with a recommendation to transmit, the Engineering and Environmental Services Department staff recommends changes to the originally proposed language in the application as shown in Attachment 3. Historical and Archaeloe:ical Impacts: The Collier County Historic and/or Archeological Sites Probability file indicates no historical/archeological sites on the subject property (Appendix V.C.3a). Further, the Florida Master Site File lists no previously recorded cultural resources on the subject site (Appendix V.C.3b). However, one previously recorded site lies in the west portion of Section 16 which is outside the subject property. Further, several identified archaeological sites lie outside of and generally south of the subject property. Traffic Capacity/Traffic Circulation Analvsis and Impacts: Transportation Element: Transportation Planning Department staff has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). US-41 (Tamiami Trail East) Impacts: The first concurrency link that is impacted by this project is Link 97, Tamiami Trail East, between SR-29 and the Dade-Collier County line. The project generates 11 PM peak hour, peak direction trips on this link, which represents a 1.26% (insignificant) impact on this roadway. This segment of Tamiami Trail East currently has a remaining capacity of 631 trips, and is currently shown at LOS "B" in the 2008 AUIR. No subsequent links of Tamiami Trail East are significantly impacted; as such, the 2%- 2%-3% analysis was terminated at the first concurrency segment. Please note that peak event operational traffic has not been analyzed for this project, rather only a capacity-related review was performed as part of the required Transportation Element Policy 5.1 review. The peak event traffic will be necessary to review at the time of initial SDP approval for operational requirements, such as turn lanes 19 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. at the project entrance. Staff recommends that an SDP, SIP, or other appropriate submittal type be made a stipulation of Staffs recommendation of approval for this GMP Amendment. Public Facilities Impacts: Regarding communications capabilities to the subject project site, the airport has an FAA-certified telecommunications, data, electronics, and navigation system on site. Wired telephone and internet services have been verified as existing in the airport's control room. Accordingly, wired communications to the project site are feasible. However, in a letter dated July 8, 2009 from Milian, Swain &Associates, Inc. to the Comprehensive Planning Department staff, it was stated that, "It is true that cell phone reception is marginal, and is mainly dependent on the reception availability of each network." Accordingly, any emergency responses to events within the I ,608-acre project site would be severely hampered IF cell phone service is limited or non-existent. The applicant prepared public facility impact analyses as part of this petition. Below is a summary of these analyses along with staff comments. · Potable Water. (Appendix Y.E.l a), The subject site is located approximately 43 miles east of the existing and future area serviced by Collier County Public Utilities Division; will not be served by the Collier County Public Utilities Division; will not impact the capacity of the existing public water distribution/transmission and treatment system; and, thus, is exempt from the LOSS of the Capital Improvements Element of the GMP. The applicant indicates that potable water and site fire protection for the development may consist of on-site well(s) with approved purification system(s) designed, permitted, constructed, monitored and maintained in conformance with county/state health department standards, the National Fire Protection Association and South Florida Water Management District Water Use Permit(s). This project will have no impact on the Collier County Public Utilities Division. · Sanitary Sewer. (Appendix Y.E.l b). The subject site is located approximately 43 miles east of the existing and future area serviced by Collier County Public Utilities Division; will not be served by the Collier County Public Utilities Division; will not impact the capacity of the existing public/transmission/pumping and treatment system; and, thus, is exempt from the LOSS requirements of the Capital Improvements Element of the GMP. The applicant indicates that the sanitary sewer system for the new development may consist of an on-site septic tank/drain field system(s) strategically located within the proposed development and designed per F.A.C. requirements, considering required setbacks from potable water wells and environmentally sensitive (wetlands) areas. This project will have no impact on the Collier County Public Utilities Division, · Drainage. (Appendix V.E.ld). The subject property is in a semi-natural state which includes wetlands, cypress and hardwoods. However, five man-made quarry lakes were excavated in 1968 to provide fill for the construction of the airport and access road from U.S. Highway 41. The project is located in the Collier County - Gator Hook Strand Basin and within the Big Cypress Watershed Basin. The drainage Level 20 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. of Service for the project must comply with the goals, objectives and policies of Chapter 6 of the Land Development Code and the GMP (Future Land Use, Public Facilities Element-Drainage Sub-element and the Conservation and Coastal Management Elements). Additionally, the project is located within the Big Cypress ACSC and, thus, subject to review by the Florida Department of Community Affairs. Further, as the project is greater than 40 acres in area and impacts existing wetlands with the Big Cypress Watershed Basis, the Big Cypress Basin Board and the South Florida Water Management District will have jurisdiction over review and approval of the design, permitting and implementation of drainage/storm water management systems at this site. This project will require documentation of compliance with all applicable laws and regulations at the time of any rezone and/or site development plan review. · Solid Waste. (Appendix V.E.le). This project is projected to generate approximately 184 pounds of solid waste/day or 36 tons per year and is located well outside of the Collier County Solid Waste Management Department waste collection area. The applicant anticipates that collection and disposal of solid waste and recyclables generated from proposed development activities will be conducted by a private solid waste hauler under contract with the property owner with the closest solid waste recycling facility to the project site located at the Carnestown Recycling Center in Everglades City. The applicant indicates that Center does not have the capacity to service the project site and that the Collier County Landfill and the Immokalee Transfer Station were identified for alternative solid waste disposal sites. This project will require documentation of compliance with all applicable laws and regulations at the time of any re-zone and/or site development plan review. · Parks. A June 2, 2009, letter from the Collier County Parks and Recreation Department to the Miami-Dade County Parks and Recreation Department (see Appendix V.D.5b.2) indicates that Collier County has been actively searching for suitable park land to offer recreation and OHV activities, including the 640-acre South Florida Water Management District site at Lake Trafford, and references the Collier County Board of County Commissioners' (BCC) Resolution No 2009-144 (Appendix V.D.5b.14) which supports the development of the subject project on the 1,608-acre site owned by Miami-Dade County. According to the Collier County Parks and Recreation Department, Collier County's current role with Miami-Dade County will be limited to support of this GMPA as outlined in Resolution 2009-144. A future Cooperative Agreement between Collier County and Miami-Dade County may be developed and may include, but not be limited to, the encouragement and support of the usage of the Dade-Collier Cypress Recreation Area by Collier County residents as well as other cooperative commitments as approved by the BCC. FINDINGS AND CONCLUSIONS: The subject 1,608-acre project site is part of the approximate 66% of Collier County under public ownership and earmarked for public conservation and preservation purposes. The following are findings and conclusions as a result of the reviews and analyses of this GMPA request: 21 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. 1. Impact on environmentally sensitive area. This proposed project is located within the Conservation Designation, the Big Cypress Area of Critical State Concern, and the Big Cypress National Preserve. The U.S. Fish and Wildlife Service's FWS National Wetlands Inventory classifies this site as "Freshwater Forested/Shrub Wetlands". A hydrologist with Big Cypress National Park has indicated the site is flooded most of the year. The applicant's FLUCCS data indicates 93% of the site is wetland habitat. This project will cause negative environmental impacts upon this site and surrounding areas due to substantial increases in visitors, R V s, OHV s and other motorized vehicles associated with the organized expansion and use of this site for both passive and active (OHVs) recreational pursuits, 2. Impacts of other alternative sites for OHV usage. This application does not address other competing alternative sites for OHV usage, both existing and planned, Thus, this application has failed to show a compelling need to introduce OHVs and related RV and motorized passenger traffic into the subject environmentally sensitive site. The following OHV facilities are located in less environmentally sensitive areas: the existing privately owned and operated Redneck Yacht Club in Punta Gorda in Charlotte County; the proposed Lake Trafford de-mucking site in Collier County; and the NPS - proposed 140 miles of OHV trails within the "addition lands" of the BCNP off 1-75 and SR 29 in addition to the existing 400 miles of OHV trails located in the original BCNP. Additionally, in Miami-Dade County, the Lands East of Homestead Speedway and the FRS Holdings sites were identified in the Park and Recreation Department Off-Highway Vehicle Trails Feasibility Study for Miami-Dade County; August, 2007 (Study) as potential OHV sites. These sites, along with the 1,608-acre subject site in Collier County, were referred to in this Study as follows: "The other sites [other than the subject 1 ,608-acre site] offer potential opportunities jor permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami-Dade County, share many physical characteristics with the preceding [the subject site] while having fewer environmental constraints, but are less suitable overall because of their ownership composition." Further, the subject site is the most environmentally sensitive site of the top contending sites analyzed within this Study. There is insufficient evidence presented in this GMP A application documenting that the proposed project will "safeguard the integrity of Florida's natural resources" which is the stated intent of the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act. 3. Inconsistency with the existing Conservation Designation prohibition of recreational uses involving motorized vehicles. The LDC defines "passive recreation" as recreational uses not involving the use of motorized vehicles. This project would introduce a yet-to-be-determined additional number of OHVs into this proposed 1,608-acre park. Accordingly, the proposed OHV usage may be found inconsistent with the existing Conservation Designation. 22 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. 4. House Bill 697. This application does not quantify and address greenhouse gas emissions (required by HB 697) which would occur as a result of this project. 5. Inconsistency with Policy 1.1.4 of the ROSE of the GMP. This project could be found inconsistent with this Policy in that this remote site is located in an area where major population growth is neither expected nor permitted, 6. Inconsistency with Policy 1.8 of the Economic Element ofthe GMP. This project may be found inconsistent with this Policy in that this project will have a negative impact on the environment. 7. Inconsistency with Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida. This proposed GMP A and resulting 1,608-acre project is in conflict with the following passage of this publication in which reference is made to the approximate 66% of Collier County set aside for conservation and preservation purposes through public ownership or permanent land use limitations: "The parks and wildlife refuges lvere designated to restore the Everglades ecosystem, protect water quality and aquifer recharge, and protect listed species, such as the Florida panther (Felis concolor coryi), Florida black bear (Ursus american us floridanus), and other species, which utilize this region for their migrations and home ranges. " The introduction oflarge numbers of motorized vehicles, both OHVs and highway permitted vehicles (i.e. RVs, automobiles, and small trucks), and related park users are indicators that this project would not carry out the conservation and preservation purposes as stated above. 8. Inconsistency with established emergency response times levels of service. Documentation within this GMP A application and staff analysis clearly establishes that emergency response times of 30 minutes or more to the subject site by Collier emergency responders could be expected. This response time substantially exceeds the Level of Service for these emergency services. Response times could be further lengthened due to documented marginal cell phone service, resulting in further possible delays in initial contacts with emergency responders. 9. Future similar GMP A applications. A substantial demand for OHV usage in all of South Florida is established within the application documents. The approval of this GMP A request could lead to requests for future similar GMP As on other private and publicly owned environmentally sensitive lands within Conservation Designation. The approval of this GMP A and other possible similar future GMP As could, collectively, diminish the intent and purpose of the Conservation Designation in Collier County. 23 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The NIM, as required by LDC Section 10.03,05, was conducted on August 3, 2009 at the Oasis Visitors' Center - Big Cypress National Preserve located north of Mile Marker 55 on U.S. Highway 41/Tamiami Trail after the agent/applicant duly noticed and advertised the meeting. A total of 13 people attended this NIM and the following is a synopsis of this NIM: [Synopsis prepared by Thomas Greenwood, Alep, Principal Planner) · Remarks, concerns, and questions vetted: 1. The question of being able to access adequate medical attention was responded to by stating that the availability of cell phones, 800 mhz radios and medical kits on- site will allow timely access to medical attention. It was stated that the Ochopee fire station response time to the subject site is approximately 30 minutes. . Major issues/contentions: none . Positive comments/approvals: 1. The location of this park and its remoteness from emergency services is superior to being in the middle of the Big Cypress National Preserve. 2. A person stated that he is not an "OHV guy" but supports the other proposed uses of the site. · Agent/applicant/developer statements of commitment: 1. OHVs will be limited to A TVs and motocross. Swamp buggies will not be allowed. 2. The park will be closed during dry and wet seasons. 3. Approximately one half of the existing OHV trails will be removed and the remaining trails will be hardened for use for OHVs, hikers, and bicyclists and only about 1/1 0 of 1 % of the 1 ,608-acre site will be devoted to trails. 4. Collier County and Miami-Dade County have each approved resolutions indicating an interest in developing this site as a park for OHV use in order to reduce the amount of OHV trespassing, loss of life, wildfires and damage to natural and agricultural areas and as a functional replacement for the 2005 closure of the Picayune Strand which was previously used by OHV riders. 5. Users of the OHV trails will need to show proof of OHV registration with the State of Florida and pay a fee. 6. The old trails, not proposed for use, will be removed before the OHV trails are open for public use. Conclusion time ofNIM: Approximately 7:55 P.M. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard and vetted this application on September 2, 2009 for approximately two hours. Entered into the record were emails and letters shown as Attachment 2, which express opposition and cautionary concerns relative to this application for a GMP A. A series of letters and memos in support of the application and project were entered into the EAC record and are included within Exhibit V.D.5b.15 of the application. Wayne 24 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Jenkins was the only public speaker, and introduced himself as the President of the Collier County Sportsman and Conservation Club and a member of the BCNP advisory committee for OHV s. Mr. Jenkins spoke personally in support of this GMP A, stating that there is an increasing need for OHV facilities; that there are very few places set aside for legal use of OHVs; that the BCNP limits OHV permits to 2,000 per year; that there is a need for a managed facility; and that the subject site has already been disturbed and that OHV use has occurred there since the 1950's. By a 3-2 vote, the EAC recommended to the Planning Commission and the Board of County Commissioners to transmit this GMP A application to the DCA with some modification to the proposed FLUE text language, as shown in Attachment 3. EAC members voting with the majority cited the following in support of their positions: . There is a need for additional legally operated OHV facilities in Collier County and there is currently no publicly owned site within the County. · The operation of the subject site as an OHV facility would likely reduce the illegal use ofOHVs on other properties, including environmentally sensitive lands and farmlands. · The Lake Trafford property and Pepper Ranch properties in Collier County are not likely locations for OHV usage. . The benefits provided by OHV usage on the subject site outweigh the negative impacts. . If OHV use on the subject site has been done illegally over the past 50 years, the approval of this GMP A would make the use legal and allow for a managed site for OHV usage. EAC members voting in opposition to the majority cited the following in support of their positions: . The site is located in the ACSC and has a Conservation Designation on the FLUM and intended to be preserved in its present natural state. · The intent of the Conservation Designation is to limit recreational uses to passive recreational activities. Motorized vehicles for recreational uses are strictly prohibited. · Ninety-three percent (93%) of the site has been designated wetlands. The dry and wet seasons prohibition of use of the site (according to the applicant) would likely result in the site being closed more than half the year. . Data and analysis provided was insufficient to show the impact on endangered and threatened species and green house gases. Data and analysis to show how this site is different from nearby non-tidal ACSC lands within the Conservation Designation on the FLUM was not provided (as requested by staff). · The applicant failed to address emissions generated by long drives from the Florida East Coast to access the site. · The application and the resulting project would not safeguard natural resources. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the County Attorney. 25 "",.._.. .'"<to",., ..1111"'"'..11I Dade-Collier Cypress Recreation Area District Agenda Item 4.1. ST AFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition No. CP-2009-1 to the Board of County Commissioners with a recommendation not to Transmit this application to the Florida Department of Community Affairs. IF the CCPC chooses to recommend transmittal, staff recommends the following revisions to the applicant's proposed District text language (for proper code language, format, clarity, etc.): Note: Single underline text is new text proposed by the applicant; double underline text is staff-proposed additional text and double strilu:l tM€High is staff-proposed deleted text. IV. CONSERVATION DESIGNATION [FLUE page 86] ************************************************************************ [3rd paragraph] Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are authorized in this Designation:- , but may not be oermitted in all Districts. and may be subiect to soecific criteria. conditions. and develooment standards than those listed below. ************************************************************************ A. Dade-Collier Cypress Recreation Area District [FLUE page 87] The Dade-Collier Cypress Recreation Area District encompasses approximately 1.608 acres of land located within Sections 13, 14,15, and 16 of Township 53 South, Range 34 East, adioining the Miami-Dade/Collier County line north of U.S. Highway 41 and south of the runway of the Dade-Collier Training and Transition Airport, and within the Big CyPress Area of Critical State Concern (ACSC). All lands within this District are entirely owned by Miami-Dade County and iR8huies include wetlands, cypress and hardwood forests, and five man-made lakes. The primary purpose of this District is to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the county and the regIOn. The uses allowed within this District, with limitations specific to this District. orovided there is a orohibition from operation durin!! the oeak wet season and the oeak dry season in conformance with an aODfoved adaotive comorehensive mana!!ement olan as set forth herein to be aooroved at the time of rezone, are as follows: a. Visitors' center building - for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2.400 square feet; 26 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. b. Parking lot lirit88 t8 R eR1!3Reit'; - not to exceed @i 80 passenger vehicles and associated trailers; c. Primitive Camping - not to exceed 10 acres; d. Recreational vehicle camping - not to exceed 10 acres; e. Fishing piers and docks - not to exeed 300 acres: f. Multi-use trails for pedestrians and bicycles~. wildlife VleWInl2: nlatforms and overlooks - not to exceed 45 acres and 10 miles of trails: g. 'i\Ti181ife vi~1';:iRg 13latF8fme aHa S'18rl80ks; g. Archery range - not to exceed 10 acres); h. Off highway vehicles (OHV) - not to exceed 15 acres and 15 miles of traillenl2:th and limited to use on imoroved trails; and 1. Other uses as allowed in the Conservation Designation. Development within this District, except for trails, ~ shall be concentrated M within already disturbed areas ~ within the western portions of the site, primarily in Section 16. All develonment shall como1v with the Area of Critical State Concern Overlav standards. exceot for section 1. Site Alteration. standard d. which orohibits destruction or alternation of manl2:rove trees. salt march 2:rasses. and all wetland plants listed bv the Florida Deoartment of Environmental Rel2:ulation in Chanter 17 - 301. Florida Administrative Code. as amended. The drainage and storm water management systems for this District ~ shall be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. Site development ~ shall restore/realign existing trails previously created by swamp buggies that traverse the site primarily in an east/west direction. Lake edges ~ .shall be improved with a shallow littoral zone where determined appropriate. At the time of rezoning, an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in ES. 261.03 and 261.20 for operation of OHVs on public land. These specifications fttifY shall address vehicle and tire size, noise control, prohibition of certain OHV types (e.g. tracked vehicles), prohibition of devices affixed to tires (e.g. tire chains). OHVs for this site shall be limited to ATV s and motocross vehicles. Swamo bUl2:l2:ies are orohibited. 2. An OHV inspection program and vehicle registration program. .1. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses - campsites, parking areas, archery range, OHV trails and trail access points, pedestrian and bicycle trails, etc. 5. Development intensity limitations - maximum number of RV and primitive camping sites, cap on number of OHV users daily, etc. 6. Monitoring provisions to ensure OHV compliance. 7. Enforcement program for compliance with all site/park restrictions and limitations. 27 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. 8. Specification of periods of operation, especially for OHV s - daily hours of operation, periods of closure (e.g. high water, fire threat, hurricane threat), seasonal restrictions or closure. 9. Monitoring for detrimental impacts upon listed species. 10. Restoration plan for presently disturbed portions of the site not to be utilized (e.g. most of the existing OHV trails), and creation of littoral zones for all lakes "','Here aeeJHes ~J3rElflriate. lL Demonstration of compliance with the ACSC limitations (e.g. maximum site alteration of 10%), except for Section I.d., as provided above. ~ De','iati€lll t€l re€)tlest aistNfl3allse t8 areas i.lllfla@tes 19y a@!','elSIJHlellt ill 1ft@! ,^.CEC ':"Here tlllRY8iaallle tlIJ t8 a ma](iHRIm IOf 1 Q% 0f tHe 8tllljeet site. PREPARED BY: ~j~y~~fL()-)'lt.vo-o~ DATE: 7'- 2 7'-- D I THOMAS GREENWOOD, AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: T:'l ., l' L < ~.. {'-- _.~( ,j ~,' ...--- DA VID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT q c "7 ," DA TE: ' ~. c 'I DATE: erZ1-o( RANDY CO N, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: -,"""--- ./ DATE: 9/J*J!d? / / o EPH K. SCHMITT, AD INISTRATOR MMUNITY DEVELOPMENT AND NVIRONMENTAL SERVICES DIVISION 28 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. PETITION NO. CP-2009-01 Staff Report for the October 19, 2009, CCPC Meeting. NOTE: This petition has been scheduled for the January 19, 2010, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN 29 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. ATTACHMENT 1 Email from Tad Bartareau, Florida Fish and Wildlife Conservation Commission Please note that FFWCC is a partner with property owner and Jetport Conservation and Recreation Club, and we support both historical and future appropriate recreation and conservation of the Jetport area. Please note that at this time we are interested in what is proposed, and can provide specific comment(s) when more information becomes available. In the interim, some potential issues fish, wildlife and recreation might include: PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL COMMENTS · Traditionally, hunting within the proposed recreation area was limited and occurred mainly north of the airport, but impacts to recreational hunting and wildlife habitat might occur from increased disturbance (i.e. vehicle/human activity) in the project area. In particular, deer and snipe hunting, as well as wading bird, black bear and panther foraging. · Soils in the Jetport area are very shallow/sensitive to disturbance, and the stability of proposed trail system is of concern due to potential for increased erosion and loss of wildlife habitat. · Our office partners with the Jetport Conservation and Recreation Club on a number of natural resource management projects such as exotic plant control, and there is concern that increased activity in the area might increase the spread of exotic plants and animals in the area. · The Jetport area is a remote location with numerous existing trails north of the proposed recreation area without gates or fences restricting access, and there is concern that people will not stay within designated areas. · Big Cypress Preserve issue permits to use off-road vehicles within the area, and there is concern that people will enter BCP without appropriate authorization. Please keep our office in mind during further outreach and consultation. Thanks, Tad Bartareau, Fisheries and Wildlife Biologist II Florida Fish and Wildlife Conservation Commission 566 Commercial Blvd. Naples, FL 34104-1709 Phone: (239) 643-4220 Cell: (239) 253-5752 Fax: (239) 643-0385 Tad.Bartareau@MyFWC.com 30 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. ATTACHMENT 2 Page 1 EMAILS RECEIVED INDICATING CONCERNS OR oPPOSmON TO THE APPROVAL OF CP 2009-01 ["DADE-COLLIER CYPRESS RECREATION AREA"] -IN COLLIER COUNTY FLORlDA- · ENVIRONMENTAL ADVISORY COUNCIL MEETING: SEPTEMBER 2, 2009 . COLLIER COUNTY PLANNING COMMISSION TRANSMITTAL HEARING: OCTOBER 19,2009 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTAL HEARING: JANUARY 19/FEBRUARY 2,2010 JUL V 30, 2009 EMAIl FROM TED BARTAUREAU TO LAUR ROVS OF THE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT From: Bartareau, Tad [mailto:tad.bartareau@MyFWC.com] Sent: Thursday, July 30, 2009 1:02 PM To: RoysLaura Cc: GreenwoodThomas Subject: RE: Dade-Collier Cypress Recreation Area District Hi Laura, The Big Cypress Wildlife Management Area is outside the fenced airport area, and includes all of the proposed recreation district. The attached regulations for current hunt season illustrate the WMA management units and outline hunting and recreation regulations. Please note that FFWCC is a partner with property owner and Jetport Conservation and Recreation Club, and we support both historical and future appropriate recreation and conservation of the Jetport area. Please note that at this time we are interested in what is proposed, and can provide specific comment(s) when more information becomes available. In the interim, some potential issues fish, wildlife and recreation might include: PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL COMMENTS · Traditionally, hunting within the proposed recreation area was limited and occurred mainly north of the airport, but impacts to recreational hunting and wildlife habitat might occur from increased disturbance (i.e. vehicle/human activity) in the project area. In particular, deer and snipe hunting, as well as wading bird, black bear and panther foraging. · Soils in the Jetport area are very shallow/sensitive to disturbance, and the stability of proposed trail system is of concern due to potential for increased erosion and loss of wildlife habitat. · Our office partner with the Jetport Conservation and Recreation Club on a number of natural resource management projects such as exotic plant control, and there is concern that increased activity in the area might increase the spread of exotic plants and animals in the area. · The Jetport area is a remote location with numerous existing trails north of the proposed recreation area without gates or fences restricting access, and there is concern that people will not stay within designated areas. · Big Cypress Preserve issue permits to use off-road vehicles within the area, and there is concern that people will enter BCP without appropriate authorization. 31 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Please keep our office in mind during further outreach and consultation. Attachment 2, page 2 Thanks, TB August 13, 2009 EMAIl FROM BRAD CORNEll TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT From: Brad Cornell [mailto:millercornell@mindspring.com] Sent: Thursday, August 13, 2009 1:11 PM To: GreenwoodThomas Subject: GMPA CP-2009-01 Dade-Collier Cypress Recreation Area Hi Tom, I wonder if you could share with me the details of this GMPA and any staff report drafts that have been prepared for committee reviews, I have serious concerns about the compatibility of this proposed land use with the surrounding conservation lands. Thanks, Brad ********************************** August 20, 2009 EMAIL FROM JULIE HUNAN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT I am vehemently opposed to the creation of a recreation area in panther habitat. We, as humans, have ENOUGH areas to recreate. Contrast this fact to the complete lack of habitat the panthers have currently. It is unthinkable to take away even more from the panthers. This would be completely immoral. Sincerely, Julie Hanan Lutz, FL ************************************ August 20,2009 EMAIl_ FROM ( AROLE BASKIN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT From: Carole Baskin [mailto:savethebigcats@gmail.com] Sent: Thursday, August 20, 2009 1:23 PM To: GreenwoodThomas Subject: No motorized vehicles Dear Thomas Greenwood, Big Cat Rescue represents more than 70,000 animal loving supporters and we oppose ANY further development within Florida Panther habitat. We strongly oppose the use of motorized vehicles in our parks as well. Such use destroys not only the habitat for the animals who call our wild areas home, but also destroys the enjoyment of visitors who have come to experience nature. For the cats, 32 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Attachment 2, page 3 Carole Baskin, CEO of Big Cat Rescue an Educational Sanctuary home to more than 1 00 big cats 12802 Easy Street Tampa, FL 33625 813.493.4564 fax 885.4457 August 20, 2009 EMAIL FROM CHRISTI PORCH TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Hello Mr. Greenwood I am contacting you to implore you to reconsider creating yet another recreation area within Big Cypress National Preserve. Too many of our endangered Florida panthers live in this area. These animals do not have enough land as it is and what land is there is keeps being encroached on by human development. I have lived in Florida all my life (45 years) and it is really disgusting how the state has been continually decimated with development and urban sprawl. People do not have a right to destroy all of the state's natural areas. Motorized vehicles traipsing thought the woods in sensitive areas like the Big Cypress National Preserve where these animals live does not help preserve the species. It is a disgrace. Please do not destroy more land to build another recreation area in the "Jetport" region of Big Cypress National Preserve. Have a heart for the panthers that still remain. Don't they deserve a place to live too? They were here first. Christi R. Porch Director of Sales Hampton Inn & Suites Tampa North Ph (813) 903-6007 Fx (813) 977-3343 www.tampanorthsuites.hamptoninn.com *************************************** AUGUST 20, 2009 EMAIL FROM ALVCE MCCATHRAN TO TOM GREENWOOD IN COMPREHENSIVE PLANNING DEPARTMENT Dear Sir: As a permanent Florida resident, I am writing to voice my concerns over destroying more of our wildlife's habitat for unnecessary use by humans. We have enough recreational areas, etc., which cost money to build and then to maintain. With every area of our State and local governments crying poor- mouth and cutting budgets, why would we plan to spend money on such a frivolity? The Florida panther is already close to being an endangered specie, and the Everglades are even becoming endangered. I would urge you to not approve this plan. Thank you for your consideration. Alyce McCathran 33 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. 6513 Bimini Court Apollo Beach, FI. 33572 (813) 645 - 5141 Attachment 2, page 4 **************************************** AUGUST 20, 2009 EMAIL FROM M. LUBEL TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Thanks for your incisive analysis and comment on this ill-advised application. While I will not be able to appear for comment at the September 2nd meeting, I would like to provide my thoughts for decision makers. Is there a way to do that bye-mail, phone or in writing? I will also be contacting Miami-Dade County Parks to voice my concerns. ********************************* AUGUST 20, 2009 EMAIL FROM JAMAKA N. PETZAK TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Dear Mr. Greenwood: AS a lifelong advocate for felidae of all species, I wish to add my voice to those opposing any and all development within the habitat of the last remainin~ populations of extremely rare and endangered Florida Panthers. There 1S simply no valid reason why development should take place within this environment. Extinction is forever. The last numbers of these magnificent cats stand on the brink, and are being lost to human encroachment as I write. Development simply cannot take precedence over these beautiful and unique felines. sincerely, Jamaka N petzak imuhjacat@att.net ********************************* AUGUST 20, 2009 EMAIL FROM PAMELA RODRIGUEZ TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Dear Sir, What will humans think of next!! Instead of encroaching on the habitat of the Florida Panther, shouldn't we be trying to protect it??? Allowing motorized vehicles in the park is an awful idea. Please Sir, reconsider this destructive plan, instead spend the time, and money on educating the public on how we can protect our wildlife which is disappearing at an alarming rate. Yours truly, Pamela Rodriguez. ******************************** AUGUST 21, 2009 EMAIL FROM l\ilERRILL KRAl\lER TO TOM GREENWOOD, COMPREHENSIVE PI ANNING DEPARTMENT Dear Mr, Greenwood: 34 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Attachment 2, page 5 I strongly oppose the creation of a recreation area in the "Jetport" region of Big Cypress National Preserve. The recreation area will authorize the use of motorized vehicles on designated trails and the construction of a visitor's center. This area is within panther habitat. As you know, the species is already horribly threatened by encroachment into their shrinking habitat. This will only encourage their extinction and degradation. Don't we as humans have enough areas to recreate while panthers don't even have enough land to live? "'Merrill Kramer'" Clearwater, FL "Saving one animal may not change the world... But surely, for that one animal, Life will change forever..." Big Cat Rescue needs your help in feeding previously abused big cats who are now living their lives in a protective sanctuary! Help feed these cats every day with a simple click, at no cost to you. Click on bone or visit http://www.BigCatRescue.org/lcare.htm today! ***************************** Dear Mr. Greenwood} Please consider the opInIons of those} who like myself} are opposed to ANY further development within the habitat of the critically endangered Florida Panther. This unique native animal is on the verge of extinction and holds the designation of "critically endangered", with only about lee individuals remaining mostly in southern Florida. The most important factor to prevent extinction is the protection of sufficient habitat for the Panther to live undisturbed and make a living. Florida has not set aside protected habitat to date} therefore each individual decision such as the one you are currently considering are pivotal. Florida has numerous parks} recreational areas and opportunities which already are among the best in the country. The Florida Panther needs all available undisturbed habitat much more than we need another recreational area for human use. Please decline further development and the use of 35 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 6 motorized vehicles in any of the remaining wild lands under your jurisdiction. Sincerely, Beth Kamhi, DC beth1dc~earthlink.net 23110 State Rd 54 #146 Lutz, Fl 33549 978-985-6595 August 21, 2009 EMAIL FROMDEBORAHALBERT[debalbe@yahoo.com] TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT . . f'~: Please oppose the use of motorized vehicles in prime panther habitat. It will not only be detrimental for them, but also for those of us who seek out these places for their beauty and silence. Deborah How we behove toward cots here below determines our status in heaven. Robert A. Heinlein 8 . 10# ****************************** ALJGlJST 24. 2009 EMAIL FROM EMAIL ADDRESS: LUBELM(ii>,AOL.COM TO TOM GREENWOOD. COMPREHENSIVE PLANNING DEPARTMENT I am writing to express my strong opposition to this misguided application and to urge that it be denied at the September 2nd meeting. The staff report to the EAC details 36 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 7 numerous reasons for the denial of this application including the likelihood of negative impacts to water flow, endangered or threatened animal and plant species, solitude of the nature experience as well as general and environmental impact. These reasons alone should be sufficient for denial. I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an ORV permit issued by Big Cypress and use same in the Bear Island area. The creation of a visitor center along with an 80 car parking lot is unnecessary and duplicates the services offered at the Oasis Visitor Center a few miles to the west. The creation ofOHV or ORV trails in this area will serve to degrade the nature experience presently available. In my years of experience hiking and biking in the Big Cypress, I can assure you that those activities are not compatible with OR V use unless one enjoys swallowing large quantities of road dust. The noise generated by these vehicles devalues the outdoor experience for those who enjoy the serenity of a walk unaffected by the same type of motorized noise one can hear while driving on US 41. This area is prime panther and bear habitat. The panther is a federally protected endangered species living in an Area of Critical State Concern. It is a conservation area and ORV or OHV usage is not compatible with the protection of this species. It should also be remembered that Big Cypress offers a huge amount of acreage available to the ORV user. The Preserve issues 2000 ORV permits a year and is presently considering making the Addition Lands available for an additional 700 permit users. The trails available in the Big Cypress are in close proximity to the jetport area and are already established. The good, if any exists in this proposal, is far exceeded by negative environmental impact it will cause. ********************************* AUGUST 30, 2009 EMAIL FROM EMAIL ADDRESS: LUBELM(iV,AOL.COM TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT I am writing to urge the Dade County Parks Department to withdraw its ill conceived plan for the "Dade-Collier Cypress Recreation Area District" pending for consideration in Collier County. This proposal is costly, environmentally harmful, and duplicates services and activities already available either on site or in close proximity to the project area. This proposal to build a visitors' center building, an 80 car parking lot, fishing piers and docks, an archery range as well as OHV trails in a conservation area of" critical state concern" is simply unnecessary. The bulk of the proposal is window dressing to its primary purpose of providing OHV trails for riders who are presently trespassing on wetlands and agricultural areas in south Dade. This conclusion is referenced in both the petition and its attached materials. It is not my assertion. The conceived project is simply unnecessary. Miles and miles of existing OHV trails already exist in the Big Cypress National Preserve, a few miles west of the proposed site. 37 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 8 Additionally, the Preserve is anticipating the opening of additional OHV trails in its Addition Lands. OHV usage presently is not permitted at the proposed site. Fishing, hiking and biking are already permitted at the proposed site and additionally are activities widely available throughout the Big Cypress National Preserve. The proposed development site is within an environmentally sensitive area in Collier county. The area includes primary habitat for the Florida panther, a federally protected endangered species. It is also within primary and secondary habitat for the Florida black bear, also a protected species. OHV usage within this area will degrade the habitat and is inconsistent with the requirements of the Endangered Species Act. The petition offers no information with regard to the provision oflaw enforcement. Whose responsibility will this be? Has that entity agreed to carry this burden? There is no information with regard to the number of OHV permits that will be issued nor any study presented with regard to the environmental impact of the proposal. Trespassing, which already exists in south Dade, will likely continue and proliferate from the development site into the Big Cypress Preserve, What entity will provide law enforcement to limit these intrusions. Since fishing, hiking and biking already exist at he site, the only real rationale for this costly proposal is to create an outlet for Dade County OHV usage. This plan negatively impacts wetlands, the Florida panther and black bear as well as other threatened and endangered plant and animal species. Certainly we can find less environmentally sensitive lands to accommodate OHV trails and an archery range. Please pass these comments to all interested decision makers. AUGUST 24. 2009 EMAIL FROM KEN SHAPIRO TO TOM GREENWOOD. COMPREHENSIVE PLAJ\'NINCi DEPARTMFN1' Mr. Greenwood, I concur completely with the views expressed below. Moreover, I find it truly appalling that Government officials would even be seriously considering a plan that, like this one, calls for the destruction of at least 7 acres of wilderness wetlands. This is a very bad idea and should be rejected. Please do not let this plan go forward. Ken Shapiro ---nOriginal Message----- From: lubelm@aol.com To: Thomasgreenwood@colliergov.net Sent: Mon, Aug 24, 2009 1 :28 pm Subject: Petition No: CP-2009-01 Dade-Collier Cypress Recreation Area District I am writing to express my strong opposition to this misguided application and to urge that it be denied at the September 2nd meeting. The staff report to the EAC details 38 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 9 numerous reasons for the denial of this application including the likelihood of negative impacts to water flow, endangered or threatened animal and plant species, solitude of the nature experience as well as general and environmental impact. These reasons alone should be sufficient for denial. I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an OR V permit issued by Big Cypress and use same in the Bear Island area. The creation of a visitor center along with an 80 car parking lot is unnecessary and duplicates the services offered at the Oasis Visitor Center a few miles to the west. The creation ofOHV or ORV trails in this area will serve to degrade the nature experience presently available. In my years of experience hiking and biking in the Big Cypress, I can assure you that those activities are not compatible with ORV use unless one enjoys swallowing large quantities of road dust. The noise generated by these vehicles devalues the outdoor experience for those who enjoy the serenity of a walk unaffected by the same type of motorized noise one can hear while driving on US 41. This area is prime panther and bear habitat. The panther is a federally protected endangered species living in an Area of Critical State Concern. It is a conservation area and ORV or OHV usage is not compatible with the protection ofthis species. It should also be remembered that Big Cypress offers a huge amount of acreage available to the ORV user. The Preserve issues 2000 ORV permits a year and is presently considering making the Addition Lands available for an additional 700 permit users. The trails available in the Big Cypress are in close proximity to the jetport area and are already established. The good, if any exists in this proposal, is far exceeded by negative environmental impact it will cause. ****************************************** AUGUST 24,2009 EMAIL FROM JAMES WOODWARD TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Mr. Greenwood: I understand you are soliciting comments regarding Dade County's request to develop a 2.5 square mile area north of US41 and south of the Dade-Collier Jetport runway for recreational use, including A TV trails, camping, support buildings and parking lots. My wife and I are frequent hikers in the Everglades. We neither own, nor want, an ATV. In fact, the reason we go to the Everglades is to escape the noise of "civilization." We have the pleasure of knowing Sam Vinikoff, an Everglades artist of considerable stature. Sam has painted the Big Cypress for a significant part of his almost 90 years and several of his paintings are on display in the Oasis Visitors' Center in the Big Cypress. I am pleased to own a painting that Sam did of precisely the area that Dade County wants to turn into a playground for jet skis on wheels. 39 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Attachment 2, page 10 The point is, notwithstanding the occasional takeoff and landing at this site, it remains, for reasons I can't understand, a relatively unspoiled and tranquil spot. To allow the type of development proposed runs counter to all attempts to keep the Big Cypress a refuge from noise, pollution and crowds. Storks, herons, egrets, deer and other wildlife abound at this location. A TVs are a poor replacement for native wildlife. We ask that Dade County's request be denied. Please be kind enough to forward these comments to those making the decision. Thank you. James and Nicole Woodard 2701 S. Bayshore Dr., Suite 402 Coconut Grove, FL 33133 305.856.4559 AUGUST 25. 2009 EMAIL FROM RC)SE FLYNN 1'0 TOM GREENWOOD. COl'vlPREHENSIVE PLANNING DEPARTMENT PLEASE CONVEY MY WISH THAT THE BOARD DENY THIS APPLICATION AT THE SEPTEMBER 2ND MEETING AS IT IS A THREAT TO ENDANGERED ANIMAL AND PLANT SPECIES IN THE BIG CYPRESS AS WELL AS WETLAND DESTRUCTION AS IT WILL IMPACT THE WATER FLOW. THERE ARE MANY MORE REASONS AS OUTLINED BY THE STAFF REPORT THAT I'M SURE YOU ARE FAMILIAR WITH.I AM A HIKER AND BIG FAN OF THE ENTIRE AREA WITH GEAT RESPECT FOR THE WILDERNESS AREA AS WELL AS THE PEOPLE WHO INHABIT IT. I BELIEVE THERE IS ALREADY ACCESS IN THE WAY OF OHVS AND ORVS SUFFICIENT FOR MOTORIZED ENJOYMENT. AS A HIKER I AM MORE INTUNE TO THE SOUNDS OF THE BIRDS, INSECTS, ANIMALS, WIND AND TREES THAT MAKE THIS AREA SO BEAUTIFUL AND TRANQUIL. TO CLOG IT WITH ANOTHER VISTOR CENTERS, GARAGE AND STILL MORE MOTORIZED VEHICLE TRAFFIC IS UNNECESSARY AND A SHAME. PLEASE, LET MY VOICE BE HEARD. ROSE FLYNN AUGUST 27.2009 EMAIL FROM CAROL GARVIN TO TOM GREENWOOD. COMPREHENSIVE PLANNING DEPARTMENT Mr. Greenwood: This letter is regarding Dade County's request to develop a 2.5 square mile area north of US41 and south of the Dade-Collier Jetport runway for recreational use, including ATV trails, camping, support buildings and parking lots. I do not understand why every square inch of wild space seems better used if it is developed. This may come as a surprise to you but there are actually people who go to the Everglades is to escape the chaos of civilization. They don't want to be around nitwits racing around on ATVs, like their hair was on fire. What is 40 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 11 wrong with using something as it is. Using it for takeoffs and landings is invasion enough. In a time when global warming is such a hot issue I am disappointed that you think the destruction of this tranquil green space is an improvement. And how long do you think the native wildlife will last with an invasion of this sort? Do the right thing and deny Miami-Dade County's request. This is one bit of green space that should be left as is. Thank you for your time and kindly convey this message to those making the decision. A taxpayer and property owner, Carol Garvin 1815 Tigertail Coconut Grove, FI 33133 3054444717 SEPTEMBER 1,2009 EMAIL FROMEMAILADDRESS:LUBELM(Q).AOL.COM TO TOM GREENWOOD, COMPRf:HENSIVE PLANNING DEPARTMENT Mr. McCall, thank you for the courtesy of your reply and your effort to alleviate my concerns. Unfortunately, I remain unpersuaded that this plan is anything other than an expensive, dressed up OHV theme park. First, you indicate that you have been asked for many years for a wilderness park, Well, anyone with open eyes knows that two very large wilderness parks, Big Cypress and Everglades, already exist in this very area and provide the same outdoor experiences incorporated in your proposal. Second, despite your claim that this plan offers an improvement over existing use, you fail to address the inevitable destruction of existing wetlands at this site. You further fail to address the costly remediation efforts that will be necessary to deal with stormwater runoff as well as the pollution caused by vehicular traffic using your 80 car parking lot. The use of retention ponds will only further degrade this site. Third, despite your assertion that you have every intention to "limit programmatic access to areas frequented by bears and panther populations" you offer absolutely no plan to do that. In fact, since you have indicated that law enforcement will be the responsibility of Collier County, you have made this issue their problem rather than your concern. Just how you intend to protect the threatened and endangered species from negative impact by miles of OHV trails seems to be missing from your petition or e-mails. Maybe you are hoping the y will just keep out of the way of OHV users. 41 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Attachment 2, page 12 My objections to this plan go well beyond those noted both here and in my earlier e-mail. I remain convinced that a less environmentally sensitive area closer to Dade's potential users could be found. Please remember that your proposed site is a 50-70 mile one way trip from most area in Dade County. -----Original Messagen--- From: McCall, James A (MDPR) <JAMCCAL@miamidade.gov> To: lubelm@aol.com Cc: Kardys, Jack (MDPR) <Kardys@miamidade.gov>; Gregg, W. Howard (MDPR) <HGREGG@miamidade.gov> Sent: Tue, Sep 1, 2009 10:31 am Subject: Dade-Collier Cypress Recreation Area - Response Dear Mr. Lubel: After speaking at length with you on August 25, 2009, I received your formal comment on this Department's Dade-Collier Cypress Recreation Area proposal on August 30, 2009. While I thought your letter was well intentioned and supported our provision of recreational uses on the property, a number of your OHV concerns warranted a clarification or correction. I wanted to reassure you that this project is not an excuse to provide OHV trails in sensitive natural areas. Rather, it is part of a larger effort, related to our Open Space Master Plan, to increase the array of park and open space areas that provide a variety of recreational opportunities. Since we have been asked for many years for a wilderness park, having wilderness types of recreation, we thought it necessary to include recreational motorized trail use as one part of a wilderness experience. Because we are both a conservation and recreation agency, however, we always believed that any OHV use should consume only a small portion of any park property. In this case, OHV use is limited to 0.5% of the property. Further, the State Off-Highway Vehicle Advisory Committee administered by the Division of Forestry considers South Florida the highest priority need area for OHV recreation areas. The land underlying the proposed Recreation Area has been assigned to Aviation purposes since it was acquired by the FAA as an airport in 1965. Ancillary to its A viation use, the land has been permitted for hunting, swamp buggy trails, legacy Glades campsites and subsurface mineral exploration for oil and gas, all of which are permissible in this area. Under our proposal, this Department believes that a transition of 1,600-acres from aviation to park land, relocation of hunting, elimination of swamp buggies and a relocation of campsites will be a major public improvement. The preliminary plans for the Recreation Area, within our petition, illustrate that virtually all development is proposed to take place on already impacted westernmost fill pads, borrow lakes and existing trails. Moreover, there is every intention to reduce/mitigate the number of existing trails on the property, eliminate motorized trails within or through 42 Dade-Collier Cypress Recreation Area District Agenda Item 4.J. Attachment 2, page 13 upland hammocks and cypress domes, and limit programmatic access to areas frequented by bears and panther populations. Field analyses and telephone discussions with US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission staff have already confirmed that the population of these species is not likely impacted by our plans. Should this project proceed to site planning and zoning, we will have to provide further evidence of our position in the form of an environmental assessment. And lastly, there is the issue oflaw enforcement. The jurisdiction for this property is Collier County. Collier County has been part of the planning process and has evidenced strong support for it since OHV use here will reduce the impacts of its elsewhere in the County. Sincerely, James A. (Andy) McCall, eMS Park Planner II Miami-Dade County Park and Recreation 275 NW 2nd Street, Suite 416 Miami, FL 33128 Phone: 305.755.7993 www.miamidade.gov/parks "Delivering Excellence Every Day" 43 Dade-Collier Cypress Recreation Area District Agenda Item 4.1. Attachment 3 Engineering and Environmental Services Recommended Language If the petition is forwarded with a recommendation to transmit, the Engineering and Environmental Services Department staff recommends the following changes to the proposed text: (Petitioner's text is underlined; staff-recommended additions are in r~g<..l()lllJl~un<.iediD~ and deletions are in rea aou~l~ .ltrike through; row of asterisks denotes text break. Staff comments are shown in bold italics. ) IV. Conservation Designation ********************************************************************* A. Dade-Collier CyPress Recreation Area District [FLUE page 87] [4th paragraph] Development within this District. except for trails, may be concentrated on already disturbed area along the western portions of the site, primarily in Section ~ Tbi~. Di~trict will b~.GxeI11Pl . fr1211i. PQll~ Y ..A J .9.9LJh~~f1!J---,-~l;ti91Lll, hpplemcnlatiQu Str\:ltegy, in th~H it will oul be reMuiredJQQ[Q~l:t'!!Lwetl<lnd t21agts.as Q~~~rihed hy lhi~se~liQI].rhe I mQACS(' sit.k.aJteratiQlllirniLwill still 'll112lY, [ 5th paragraph] The drainage and storm water management systems for this District may SDlllI be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. Site development may. .. [6th paragraph] At the time of rezoning, an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in F.S. 261.03 and 261.20 for operation ofOHVs on public land. QH\ls for tbissil~ ~haIl. 12e hmit~QtQAIY~(lnQ In 0 tocro ~~ 'i e bjcJ e~~ SW@lIU2l1!.U~gi~s are pro hi b ~t~<..l. The applicant has stated in the Neighborhood Information Meeting and the application these limits to OHV use, which should be added to the text. ****************************************************************** J 2. D@yiati€JR to r@t'lu~8t ai8tufFlMR~@ t€J ar@M3 im}'!JM@t@a Fl:( ae,..@l€l}'!Jm~Rt iR the "\CSC \','hen'l MFla':€liaa~lt1 Mf'J t€J a maHimum €Jf 1 Q% 0f the 8MFlj@@t Jitl;:1 area. This section is not necessary. 10% site alteration is already allowed, and compliance will be demonstrated as stated in #11. 44