CCPC Agenda 11/18/2010 R
CCPC
REGULAR
MEETING
AGENDA
NOVEMBER 18, 2010
AGENDA
"Revised"
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 18,2010,
IN 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 MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM
IF SO RECOGNIZED BY THE CHAIRMAN, PERSONS WISHING TO HAVE WRITTEN
OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST
SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE
PUBLIC HEARING, IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE
CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE
COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING.
ALL MATERIAL USED IN PRESENT A TIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR
PRESENTATION 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,
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3, ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - October 21, 2010.
6. BCC REPORT- RECAPS - November 9, 2010
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
9. ADVERTISED PUBLIC HEARINGS
A. PUDZ-2009-AR-14425: Happy #4 Family Corporation, Larry Pomposini, PresidenUDirector, represented
by Bob Duane, AICP of Hole Montes and Richard D. Y ovanovich, Esquire of Coleman, Y ovanovich & Koester,
P.A., is requesting a rezone from the Rural Agricultural Zoning District to the Commercial Planned Unit
Development District (CPUD) Zoning District to allow development of a maximum of 135,000 square feet of
retail or office use for a project to be known as the Addies Corner CPUD which consists of a 23.33 acre parcel
located in the northwestern quadrant of the intersection of Immokalee Road (CR 846) and Collier
Boulevard (CR 951). Subject property is located in Section 22, Township 48 South, Range 26 East, Collier
County, Florida. [Coordinator: Kay Deselem, AICP]
1
10. OLD BUSINESS
A. Continuation of Flood Damage Prevention Ordinance review and recommendation for approval. Continued to
the Deeember 2,2010 meeting per staff's request [Coordinator: Robert Wiley, Project Manager]
1 I. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
11/8/2010 CCPC Agenda/Ray Bellows/jmp
2
AGENDA ITEM 9-A
Co1N:-r County
- ---.:~ -- ~
TO:
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DlVISION--PLANNING & REGULA nON
HEARING DATE: NOVEMBER 18, 2010
SUBJECT:
PUDZ-2009-AR-I4425; ADDlES CORNER COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD)
PROPERTY OWNER & APPLICANT/AGENT:
Owner/Applicant:
Happy #4 Family Corporation
c/o Larry Pomposini
927 N, Highland Avenue
Pittsburg, P A 15206
Agents:
Robert 1. Duane, AICP
HoleMontes
950 Encore Way
Naples, FL 34110
REQUESTED ACTION:
The petitioner is asking the Collier County Planning Commission (CCPe) to consider an
application for a rezone from the Rural Agricultural Zoning District to the Commercial Planned
Unit Development District (CPUD) Zoning District to allow development of a maximum of
135,000 square feet of retail or office use for a project to be known as the Addies Comer CPUD,
For more information, refer to "PurposelDescription of Project.")
Richard D. Y ovanovich, Esquire
Coleman, Yovanovich and Koester, P.A.
4001 Tamiami Trail N, Suite 300
Naples, FL 34103
GEOGRAPmC LOCATION:
The subject property, consisting of 23.33x acres, is located in the northwestern quadrant of the
intersection of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22,
Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following
page)
Addies Corner CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10127(10
Page 1 of 16
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PURPOSEillESCRIPTION OF PROJECT:
The petitioner is requesting a rezone from the Rural Agricultural zoning district to the CPUD
zoning district to allow development of a maximum of 135,000 square feet of retail or office use
on Tract A, a 12.33* acre tract. The Master Plan provides an 8.85* acre preserve area (Tract B)
in the northern portion of the property, which will provide a vegetative buffer for lands to the
north, while a landscaped buffer plus an access road will separate the development from the
Mirasol property to the west. Access is proposed to be provided on the western side of the
property, to generally align with Pebblebrooke Drive on the south side ofImmokalee Road. As
depicted on the PUD Master Plan, an eastbound directional left is to be provided into the
property including a right-inlright-out. The directional left is depicted for information only and
can be modified or closed based upon safety and capacity issues by the county. The opportunity
for shared access has been provided to the Mirasol MPUD to the west, and the Tree Farm MPUD
to the east, Reservations for the future right-of-way for the widening of the canal along
Immokalee Road are also incorporated into this CPUD. The Master Plan for the proposed
amendment depicts generalized areas of development and traffic circulation.
SURROUNDING LAND USE AND WNING:
North: A 20* acre, undeveloped Agriculturally zoned tract
East: The Tree Farm MPUD, an undeveloped mixed used project approved at a density of9.85
dwelling units per acre, and with a 175,000 square footage commercial space allocation with a
zoning designation ofMPUD. Maximum building height is 77 feet (Ordinance # 07-54).
South: Immokalee Road, then a preserve area bordered by commercial uses to the east and
residential uses to the west~all within the RichIand PUD (Ordinance #02-07) which allows 35-
foot high residential structures and commercial structures up to 50 feet high
West: Undeveloped land within the Mirasol PUD, a project that was approved for 799 units on
1,543 * acres (Ordinance #09-21). Maximum zoned height of multi-family residential structures
and clubhouse/recreation buildings cannot exceed 50 feet or five stories high (actual height
cannot exceed 75 feet); other structures are limited to an actual height of 45 feet
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Excerpt from PUD Map (orange coloring depict commercial areas)
Addies Comer CPUD, PUDZ-200S-AR-14425
November 18, 2010 CCPC
Revised 10/27110
Page 2 of 16
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Aerial Photo (subject site depiction is approximate)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban Commercial
District, Mixed-Use Activity Center Subdistrict (#3), as depicted on the Future Land Use Map of
the GMP. The Urban Mixed-Use Activity Center (MUAC) Subdistrict is conceptually designed
to concentrate almost all new commercial zoning in locations where traffic impacts can readily
be accommodated to avoid strip and disorganized patterns of commercial development, and to
create focal points within the community, and are intended to be mixed-use in character,
...developed at a human scale, ...pedestrian oriented, and ... interconnected with abutting
projects - whether residential or commercial. Street, pedestrian pathway and bike lane
interconnections with abutting properties... are encouraged. Mixed-Use Activity Centers are
intended to accommodate a variety of residential and non-residential uses, including commercial
development such as this Planned Unit Development.
One hundred thirty-five thousand (135,000) square feet of commercial development are proposed
on 23.33 acres, inclusive of the acreage reserved for future right-of-way, Eligible land uses
within the Mixed Use Activity Center include the full array of commercial uses, residential uses,
institutional uses, and hotel/motel uses at a density consistent with the Land Development Code,
Based upon the above analysis, Comprehensive Planning staff concludes the proposed
commercial uses may be deemed consistent with the Future Land Use Element (FLUE). (For
the detailed report from Comprehensive Planning Staff, see attached GMP consistency
memorandum, dated February 3, 2010.)
Addies Comer CPUD, PUDZ-200S-AR-14425
November 18, 2010 CCPC
Revised 10127/10
Page 3 of 16
Transportation Element: Transportation Division Planning staff has reviewed the PUD Traffic
Impact Statement (TIS) included in the application back-up material and the PUD documents to
ensure the PUD documents contain the appropriate language to address this project's potential
traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy
5. L Those policies require the review of all rezone requests with consideration of their impact
on the overall transportation system, and specifically note that the County should not approve
any request that significantly impacts a roadway segment already operating and/or projected to
operate at an unacceptable Level of Service (LOS) within the five-year planning period unless
specific mitigating stipulations are approved.
Immokalee Road Impacts: The first concurrency link that is impacted by this project is Link
43.2, Immokalee Road between Logan Boulevard and CR-95L The project generates 156 PM
peak hour, peak direction trips on this link, which represents a significant 4.30% impact on
Immokalee Road. This concurrency link reflects a remaining capacity of 1,658 trips in the
adopted 2009 AUIR and is at Level of Service "B". The project does not cause failure of the link
over the 5 year planning term,
The second concurrency link that is impacted by this project is Link 43.1, Immokalee Road
between 1-75 and Logan Boulevard, The project generates 121 PM peak hour, peak direction
trips on this link, which represents a significant 3.18% impact on Immokalee Road, Ibis
concurrency link reflects a remaining capacity of 1,325 trips in the DRAFT 2010 AUIR and is at
Level of Service "B", The project does not cause failure of the link over the 5 year planning
term. (The 2010 AUIR was used for this analysis as directed to staffbecause of the 'opening' of
the 2009 restricted capacity resulting from the completion of the I-75/Immokalee interchange
improvements. )
CR-951 Impacts: The next concurrency link that is impacted by this project is Link 30.1, CR-
951 from Immokalee Road to Vanderbilt Beach Road. The project generates 104 PM peak hour,
peak direction trips on this link, which represents a significant 4.24% impact on CR-95L Ibis
concurrency link reflects a remaining capacity of 702 trips in the adopted 2009 AUIR and is at
Level of Service "Boo. The project does not cause failure of the link over the 5 year planning
term,
Logan Boulevard Imoacts: The next concurrency link that is impacted by this project is Link 50,
Logan Boulevard from Immokalee Road to Vanderbilt Beach Road, The project generates 35
PM peak hour, peak direction trips on this link, which represents a significant 3.18% impact on
Logan. Ibis concurrency link reflects a remaining capacity of 721 trips in the adopted 2009
AUIR and is at Level of Service "C", The project does not cause failure of the link over the 5
year planning term.
SubSeQuent Link Analvsis: The subsequent links of Immokalee Road (Links 42.2, 44), CR-951
(Link 30.2), Logan (Link 48), and Vanderbilt Beach Road (Links 111.2, 112) have been
analyzed using the 2%-2%-3% requirements, and do not indicate significant impacts (over 2% or
3%, respectively, as applicable) beyond the analyzed segments.
Addies Comer CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27110
Page 4 of 16
The petitioner has proposed specific mitigation as required to meet consistency with Policy 5.1
of the Transportation Element of the GMP as shown below:
1, Right of way dedication for future canal relocation
2. Construction of a portion of the planned multi-use pathway
3. Pre-emptive siting of a future bridge connection in a County-specified location
consistent with County expansion plans (with accompanying partial canal relocation),
saving the County future exposure to bridge relocation.
4. Interconnection(s) creating a reverse-frontage roadway parallel to Immokalee Road
5, Proportionate share towards at-grade improvements at the CR-95I/Immokalee Road
intersection.
Please note that there are multiple development scenarios that could be allowed if this proposed
development is approved. To allow flexibility in the implementation of these potential
development scenarios, staff recommends that the following stipulation, which caps the
maximum trip generation of this project, must accompany any recommendation of approval:
The development within this project shall be limited to 1,044 unadjusted two-way,
PM peak hour trips (or 708 adjusted two-way, PM peak hour trips; correspondent to
the highest trip generation scenario of those proposed in the updated traffic study
information dated November 6, 2009); allowing for flexibility in the proposed uses
without creating uriforeseen impacts on the adjacent roadway network The terms
'adjusted' and "unadjusted" shall reference allowances for pass-by and internal
capture trip reductions, For purposes of calculation of the weekday PM peak hour
trip generation for this pun, the lesser of the weekday PM peak hour trips as
calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation,
8th Edition or the trip generation as calculated in the then current ITE Trip
Generation Report shall be utilized.
Transportation Planning staff has determined that with the proposed Developer commitments as
mitigation, and with consideration for the proposed trip generation cap stated below, the roadway
network has sufficient capacity to accommodate this project within the 5-year planning period.
As such, Transportation Planning Staff recommends that this project be found consistent with
Policy 5.1 of the Transportation Element of the GMP.
The petitioner has not agreed to this stipulation and it has not been incorporated into the PUD
document, The petitioner will be discussing his position at the CCPC hearing, but in summary,
the petitioner believes there is no LDC or other mandate to require this stipulation and further,
the stipulation would hinder project development should a revised lTE be adopted that changes
the trip allocation,
Conservation and Coastal Management Element (CCME): Environmental staff has
evaluated the application has determined that the proposed PUD document complies with all
applicable GMP and LDC provisions regarding conservation, native vegetation preservation and
potential listed species impacts.
Addies Comer CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27/10
Page 5 of 16
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed rezoning, Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A fmding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the FLUM and the FLUE as indicated previously in the
GMP discussion, The proposed rezone is consistent with the GMP Transportation Element if
staff's stipulation is included in any approval recommendation, as previously discussed,
Environmental staff also recommends that the petition be found consistent with the CCME.
Therefore, zoning staff recommends that the petition be found consistent with the goals,
objective and policies of the overall GMP,
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria
upon which a recommendation must be based, specifically noted in Land Development Code
(LDC) Subsection 10,02,13.8.5, Planning Commission Recommendation (commonly referred to as
the "PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission
Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's
recommendation. The CCPC uses these sanle criteria as the bases for their recommendation to the
Board of County Commissioners (BCC), who in turn use the criteria to support its action on the
rezoning or amendment request. An evaluation relative to these subsections is discussed below,
under the heading "Zoning Services Analysis." In addition, staff offers the following analyses:
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address environmental concerns. There are no outstanding environmental issues,
Transvortation Review: Transportation Division staff has reviewed the petition and the PUD
document and Master Plan for right-of-way and access issues. The PUD document contains the
mitigation discussed in the Transportation Element section of this staff report,
Commitments made by the petitioner include the following: right-of-way dedication for the
Cocohatchee Canal that will include compensatory turn lane right-of-way; provision of roadway
interconnections to the propertjes located to the east and west; coordination of the bridge
construction/placement over the canal; construction of a 10-12 foot wide multi-uses pathway;
and a proportionate share payment for the improvements to the intersection of c.R. 951 and
Immokalee Road in amount up to $50,000,
Utility Review: This project is located within Collier County Water and Sewer District and is
subject to the conditions associated with a Water and Sewer Availability Letter from the Collier
County Utilities Division. According to county GIS records, there is an existing 24-inch water
main and 12-inch force main on Immokalee Road.
Zolling Services Review: The development standards contained in Exhibit B of the PUD
indicate a minimum lot area of 10,000 square feet will be maintained for principal uses. The
PUD document indicates there will be a 25-foot setback from the Immokalee Road Canal right-
Addies Corner CPUD, PUDZ-2009-AR-14425 Page 6 of 16
November 18,2010 CCPC
Revised 10/27110
of-way, and the eastern project and western external project boundaries. The preserve area
separates the development areas for the northern property boundary. The PUD contains a caveat
to allow a zero-setback along the Tree Farm MPUD if the two projects are developed under a
unified site development plan. The Tree Farm MPUD does not contain a similar provision.
As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding
zoning discussion of this staff report, and the Master Plan, the site is bounded to the north by
Mirasol PUD and agriculturally zoned, undeveloped land. To the east is the undeveloped Tree
Farm MPUD. To the south is Immokalee Road (CR 846) then the preserve area of the Richland
PUD, which is developed as the Pebblebrooke subdivision. To the west is the undeveloped
Mirasol PUD,
Tree Farm, Richland (commercial area) and Addies Comer all propose the same 100-foot lot
width and 10,000 square foot lot area. All three PUDs offer the same lO-foot or half the building
height for a separation distance This PUD proposed the same minimum yards, both internal and
external, that were approved in the Tree Farm MPUD--25 feet, from the eastern and western
boundaries, and the Immokalee Road/Canal Right-of-way. Internal setbacks are also the same-
internal driveslright-of-way is 15 feet, rear and side is 10 feet and lakes and preserve areas are
both 25 feet. The Richland PUD (commercial area) allows a 25-foot front yard setback, a 0110
foot side yard setback and a 20-foot rear setback.
Internal principal use setbacks are provided in the PUD document, A IS-foot wide internal
drive/right-of-way setback would be provided; a 10-foot wide side and rear yard setback would
be maintained; a 25-foot wide setback would be provided for lakes and preserves. Retail
structures could be constructed to a zoned height of 45 feet or two stories whichever is greater,
and an actual height of 65 feet. Office structures could be constructed to a zoned height of 55
feet or four stories whichever is greater, and an actual height of 65 feet. Minimum floor area of
principal uses shall be no less than 1,000 square feet, Also allowed would be group care
facilities and hotel hoteVmotel uses to be constructed at a 0.6 floor area ratio, The PUD
document contains a reduction clause for Group Care and HotellMotel Uses stating for each acre
of Group Housing or fraction thereof developed, 10,914 S.F. of retail area will be reduced on
Tract "A."
Staff is of the oplIDon that the proposed maximum zoned building height of 55 feet is
comparable to the maximum height limits approved for abutting properties which are as follows:
Tree Farm MPUD, abutting the subject site on the west, allow buildings with a 77 foot maximum
height; Mirasol, abutting the site on the east, would allow actnal height of structures to reach 75
feet; and Richland PUD, which is located across Immokalee Road, would allow 35 foot high
residential structures and would allow commercial structures up to 50 feet tall. Because the
subject site abuts the future relocated Cocohatchee Canal, the 25-foot setback from the
Immokalee Road Canal right-of-way is sufficient.
To the east, the proposed uses could be commercial or a combination of commercial and
residential; to the south any uses within the Richland PUD are already separated by Immokalee
Road, thus this project would have little impact upon the residential uses within that project, As
noted previously, to the north, uses on this site would be buffered by this project's 8.810 acre
Addies Comer CPUD, PUDZ-2009.AR-14425 Page 7 of 16
November 18,2010 CCPC
Revised 10/27110
Residential
Development areas
within Mirasol
preserve tract, thus there should be slight impact. To the west, however is the Mirasol PUD.
That PUD is approved for only residential uses. According to the site plan, however, the
project's main roadway is planned to run north to south along the MirasollAddies Comer shared
boundary, thus any negative impact will be lessened, The Mirasol site plan recognizes that the
land now proposed to be Addies Comer is located within an Activity Center that would allow
more intense, i.e., commercial uses adjacent to Mirasol. An interconnection has been provided
between the two projects to allow local traffic to more easily move from Mirasol and Addies
Comer thus preserving the capacity of Immokalee Road.
.-.-.---.-.-..-. -.- -------.'-r .....-----------.-----------.-.
I I
I I
t I
I I
I I
I I
I I
1\'1 I,
" I
~'.J
-)
I I
I 1
~../-.
rPOSSIBLE
/ FUTURE
,
jlNTERCONNEC
,
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Red Outline depicts
bou~daries of Addies
FUTURE f:orner CPUD
ACTIVITY
CENTER
'"
..~ENTRY
SIGNAGE
(TVP.)
Immokalee Road
Excerpt from Mirasol RPUD Master Plan
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrounding land uses, In reviewing the appropriateness of the requested uses and intensity on
the subject site, the compatibility analysis included a review of the subject proposal comparing it
to surrounding or nearby properties as to allowed use intensities and densities, development
standards (building heights, setbacks, landscape buffers, etc,), building mass, building location
and orientation, architectural features, amount and type of open space and location, Zoning staff
is of the opinion that this project will be compatible with and complementary to, the surrounding
land uses,
DeviaJion Discussion:
The petitioner is seeking one deviation from the requirements of the LDC. The deviation is
listed in PUD Exhibit E.
This Deviation seeks relief from LDC Section 5.03.02.H that requires a commercial
development that lies contiguous to a residentially zoned district to provide a wall and/or fence
that is a minimum of six (6) feet and a maximum of eight (8) feet in height to be located a
mininlum of six (6) feet from the residentially zoned district, to not require a wall within a Type
B buffer along the east property line of this CPUD adjacent to the Tree Farm MPUD to the east.
As mitigation for the wall, a 6-foot height hedge will be provided in addition to the requirements
Addies Comer CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27110
Page 8 of 16
of a Type B Landscape buffer, (Also, see Exhibit B - Development Standards pertaining to
Landscaping),
Petitioner's Rationale: The applicant states in his justification for this deviation that he does not
want to provide a wall in the type B buffer along the east property line because the site is
adjacent to the Tree Farm MPUD, a mixed use planned unit development, that allows for both
commercial and residential development, with residential uses located in a floor(s) above the
commercial development along the east property line. The petitioner states "Placement of a wall
within the type B buffer would do nothing to screen the residential uses on a second floor.
Furthermore, LDC Section 4.07,02 B.3, addressing design requirements, notes that "in all cases,
screening shall at a minimum, be designed to protect existing or potential first floor residential
occupant window levels.," The Tree Farm MPUD Master Plan does not show stand-alone first
level residential units in the area adjacent to Addies Comer. "Therefore, the placement of wall
along the east property line would accomplish no bone fide purpose."
Staff Analysis and Recommendation: This deviation would allow the developer to provide a
vegetative buffer rather than the required 6-8 foot high wall. Based upon the proposed mixed
use character proposed in the Tree Farm MPUD, a wall would not seem to provide a buffering
edge to residential uses within that project at the Addies Comer property line, Therefore, the
deviation seems appropriate,
Zoning and Land Development Review staff would recommend APPROVAL of this deviation.
fintlinu that.. in compliance with LDC Section 1O.02.13.A.3. the petitioner has demonstrated that
"the element maY be waived without a detrimental effect on the health. safetv and welfare of the
community" and LDC Section 1O.02.13.B.5.h. the oetitioner has demonstrated that the deviation
is "justified as meeting public purposes to a degree at least eQuivalent to literal application of
such resrulations."
FINDINGS OF FACT:
LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners...shall
show that the planning commission has studied and considered proposed change in relation to the
following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires
the Planning Commission to make findings as to the PUD Master Plans' compliance with the
additional criteria as also noted below. [Staff's responses to these criteria are provided in bold,
non-italicized font]:
PUD Findines: LDC Subsection 1O.02.13,B.5 states that, "In support of its recommendation, the
CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"
(Staff's responses to these criteria are provided in bold font):
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
Addies Corner CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27/10
Page g of 16
Staff is of the opinion that the proposed uses are compatible with the approved uses in the
area and is consistent with the uses allowed in Activity Center #3 of the FLUE. In addition,
the commitments made by the applicant provide adequate assurances that the proposed
project is suitable with the type and pattern of development in the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance
of such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be
required to obtain platting and/or site development approval. Both processes will ensure
that appropriate stipulations for the provision of and continuing operation and
maintenance ofinfrastrueture will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
County staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based
on that analysis, staff is of the opinion that this petition can be found consistent with the
overall GMP. A copy of the FLUE constancy review has been attached.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
As described in the Analysis Section of this staff report, staff is of the opinion that the
proposed development standards and Developer commitments are compatible with the
surrounding area. In addition, the project is subject to the architectural standards of the
LDC.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6, The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The roadway infrastructure has adequate capacity to serve the proposed project as noted
in the GMP Transportation Element consistency review, if the mitigation proposed by the
petitioner and the stipulation requested by Transportation Planning staff is included in any
approval recommendation. In addition, the project's development must comply with all
other applicable concurrency management regulations when development approvals are
sought.
Addies Corner CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27110
Page 10 of 16
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such wastewater disposal system and
potable water supplies to accommodate this project based upon the commitments made by
the petitioner and the fact that adequate public facilities requirements will be addressed
when development approvals are sought. Staff is recommending the adoption of a
Transportation Stipulation to ensure that there will be adequate roadway capacity to
accommodate the proposed project, based upon the TIS that was reviewed and accepted
with this specific application.
8, Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
The petitioner is seeking one deviation to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A).
This criterion requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be
required for the most similar conventional zoning district. Staff believes the deviatiou
proposed can be supported, finding that, in compliance with LDC Section lO.02.13.A.3, the
petitioner has demonstrated that "the elements may be waived without a detrimental effect
on the health, safety and welfare of the community" and LDC Section lO.02.13.B.5.h, the
petitioner has demonstrated that the deviation is "justified as meeting public purposes to a
degree at least equivalent to literal application of such regulations." Please refer to the
Deviation Discussion portion of the staff report for a more extensive examination of the
deviations.
Rezone Findino: LDC Subsection 10.03.05.1 states, "When pertaining to the rezoning of land,
the report and recommendations to the plRnning commission to the Board of County
Commissioners,. ,shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable" (Staff's responses to these criteria are
provided in boldfont):
1. Whether the proposed change will be consistent with the goals, objectives, & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4
requiring the project to be compatible with neighborhood development and with all other
applicable policies ofthe GMP.
2, The existing land use pattern;
As described In the "Surrounding Land Use and Zoning" portion of this report and
discussed in the zoning review analysis, the adjacent existing land use pattern reflects the
GMP FLUM Activity Center designation on nearby properties which provides for a
mixture of commercial and residential uses.
Addies Corner CPUD, PUDZ-2009-AR-14425 Page 11 of 16
November 16. 2010 CCPC
Revised 10/27/10
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed PUD rezone would not create an isolated zoning district because the abutting
lands are also zoned PUD. Additionally, the project is required to provide a vehicular
interconnection to the adjacent developments.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposedfor change.
Staff is of the opinion that the proposed district boundaries are logically drawn since the
zoning boundary mirrors the existing property boundary.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary, per se; but it is being requested in compliance with
the LDC provisions to seek such changes and the project's consistency with the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed change, subject to the Development Commitments
detailed in Exhibit F for this CPUD and the Transportation Stipulation, is consistent with
the County's land use policies that are reflected by the Future Land Use Element (FLUE)
of the GMP. Therefore, the proposed change should not adversely impact living conditions
in the area.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this
time subject to the trip generation cap as proposed by staff to be included in Exhibit F of
the CPUD ordinance.
8. Whether the proposed change will create a drainage problem;
The proposed change should not create drainage or surface water problems because the
LDC specifically addresses prerequisite development standards that are designed to reduce
the risk of flooding on nearby properties. Additionally, the LDC and GMP have other
specific regulations in place that will ensure review for drainage on new developments.
9. Whether the proposed change will seriously reduce light and air to a4jacent areas;
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
Addies Comer CPUD, PUDZ-2009-AR-14425 Page 12 of 16
November 18, 2010 CCPC
Revised 10/27110
project's property development regulations provide adequate setbacks and distances
between structures; therefore the project should not significantly reduce light and air to
adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors
including zoning; however zoning by itself mayor may not affect values, since value
determination is driven by market value. There is no guarantee that the project will be
marketed in a manner comparable to the surrounding developments.
11. Whether the proposed change will be a deterrent to the improvement or development of
acljacent property in accordance with existing regulations;
Properties to the east and west of this property are zoned PUD but remain undeveloped.
Rezoning this property to a similar zoning district seems appropriate. Additionally, the
Master Plan for this project includes potential traffic interconnections to both the east and
west. Therefore, the proposed zoning change should not be a deterrent to the improvement
of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting Zoning actions when thcy are consistent with said
Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant
of special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The property already could be developed within the parameters of the eIisting agricultural
zoning; however, the proposed zoning more correctly reflects the intent of development
aUowed in the GMP. In any case, however, the petitioner is seeking this rezone in
compliance with LDC provisions for such action to seek the highest and best use of the
land. The petition can be evaluated and action taken as deemed appropriate through the
public hearing process. Staff believes the proposed rezone meets the intent of the PUD
district and further, believes the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary foUows the existing property
ownership boundary. The GMP is a policy statement which has evaluated the scale,
density and intensity of land uses deemed to be acceptable throughout the nrban-
Addies Comer CPUD. PUDZ-2009-AR-14425 Page 13 of 16
November 18. 2010 ccpe
Revised 10127110
designated areas of Collier County. Staff is of the opinion that the development standards
and the developer commitments will ensure that the project is not out of scale with the
needs ofthe community.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed;
however, this is not the determining factor when evaluating the appropriateness of a
particular zoning petition. The petition was reviewed on its own merit for compliance with
the GMP and the LDC; and staff does not review other sites in conjunction with a specific
petition. The proposed rezone is consistent with the GMP as discussed in other portions of
the staff report.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification,
Any development anticipated by the Pun document would require considerable site
alteration and this project will undergo extensive evaluation relative to aU federal, state,
and local development regulations during the site development plan or platting approval
process and again later as part of the building permit process.
17, The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance,
as amended
The project will have to meet aU applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities and the project will need to be consistent with aU
applicable goals and objectives of the GMP regarding adequate public facilities, except as it
may be exempt by federal regulations. This petition has bcen reviewed by county staff that
is responsible for jurisdictional elements of the GMP as part of the amendment process and
those staff persons have concluded that no Level of Service will be adversely impacted with
the commitments contained in the PUD document.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIMl:
The NIM meeting was duly noticed by the applicant and held on December 7, 2009 at 5:30 p.m.
at the Cornerstone United Methodist Church. Five people from the public signed in as well as
the applicant's team (Robert Duane of Hole Montes, Inc, David Wheeler, Rich Yovanovich)
Addies Corner CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27110
Page 14 of 16
County staff in attendance was Kay Deselem. Of the public attendees, a representative from the
Naples Pathway Coalition was present.
Applicant represented the project as a 23-acre parcel that they are proposing a Commercial use
from Agricultural up to 135,000 sq ft of office/retail use and the buildings are to be no higher
than 45 ft. A preserve will be in the rear of the property, The project is located in an Activity
Center and a six-foot wall will be built next to Mirasol. Access points will be right in and right
out as well as a directional left, Shared access with the Tree Farm is possible
Concerns expressed by the residents and the consultants responses follow:
I, It was verified that the project is located on the NW comer rather than what had previously
been advertised as the NE comer.
2. One attendee questioned the possibility of a nightclub or bar and expressed interest in
having one.
3. Residents expressed concern about the pathway and the developer commitments. They
want to be sure the pathway is not removed from the proposaL Robert Duane explained that the
canal would be relocated and a 10-foot wide pathway would be made, that 1.6 acres will be
dedicated to the County and another bridge would be built to the west.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on October 26, 2010,
RECOMMENDATION:
Zoning and Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDZ-2009-AR-14425 to the BCC with a
recommendation of approval if ;the Transportation Stipulation shown below is added to the PUD
document.
The development within this project shall be limited to 1,044 unadjusted two-wtry,
PMpeak hour trips (or 708 adjusted two-wtry, PMpeak hour trips; correspondent to
the highest trip generation scenario of those proposed in the updated traffic study
information dated November 6, 2009); allowing for flexibility in the proposed uses
without creating unforeseen impacts on the adjacent roadwtry network, The terms
'adjusted' and "unadjusted" shall reference allowances for pass-by and internal
capture trip reductions. For purposes of calculation of the weekday PM peak hour
trip generation for this PUD, the lesser of the weekday PM peak hour trips as
calculated in the Institute of Traffic Engineer's (ITE) Report, titled Trip Generation,
8'h Edition or the trip generation as calculated in the then current ITE Trip
Generation Report shall be utilized.
Addies Comer CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/27/10
Page 15 of 16
PREPARED BY:
f{~ fd~
KAY SELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
/ O/:<~ 0
/ ATE
REVIEWED BY:
RA~E~~MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
/0' 7..-6'/6
DATE
~.~dJ.,
ILLIAM D. L NZ, JR" E, DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
Ie - U; '2.0/0
DATE
IO-LCf~ z.OtD
DATE
Tentatively scheduled for the February 22, 2011 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Attachments: Comprehensive Planning Staff memo, dated February 3, 2010
Addies Corner CPUD, PUDZ-2009-AR-14425
November 18, 2010 CCPC
Revised 10/22/10
Page 16 of 16
PUDZ~2009-AR-14425, Addi" Corner REV: 2
<::A>~-Y <;;Oun:ty
Consistency RevIew Memo
To:
K>1y Deselem, AICP, Principal Planner
Zoning Services Section
From:
Corby Schmidt, AICP, Principal Planner
Comprehensive Planning Section
Date:
February 3, 2010
Subject:
Future Land Use Element (FLUE) Consistency Review
REVIEW 2
APPLICATION NUMBER: PUDZ-2009-AR-14425
APPLICATION NAME: Addies Corner CIJUD
REQUEST: This application requests a rezone from A, Rural Agricultural, to Commercial Planned Unit
Development (CPUD) to allow a maximum of 135,000 sq. ft. of gross leasable building area for retail,
office and restaurant space consistent with the C-1, Commercial Professional and General Office: C-2,
Commercial Convenience: C-3, Commercial Intermediate: C-4, General Commercial; and C-5, Heavy
Commercial zoning districts.
LOCATION: The subject property, containing 23,33 acres, is located northwest of the intersection of
Immokalee Road (CR 846) and [the northern terminus of] Collier Boulevard (CR 951), Acreage lies off-
frontage, about 660 west of Broken Back Road (Collier Boulevard extended), and adjacently north of a
canal paralleling ImmokaIee Road, in Section 22, Township 48 South, Range 26 East, Collier County,
Florida.
COMPREHENSIVE PLANNING COMMENTS: The subject property is approximately 23 acres
designated Urban Commercial District, Mixed-Use Activity Center Subdistrict (#3), as depicted on the
Future Land Use Map of the Growth Management Plan, The Urban Mixed-Use Activity Center (MUAC)
Subdistrict is conceptually designed to concentrate almost all new commercial zoning in locations where traffic impacts can
readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create fical points
within the community, and are intended to be mixed-use in character, .,. developed at a human scale, '. .pedestrian oriented,
and". interconnected with abuttingprojects - whether residential or commerciaL Street, pedestrian pathway and bike lane
interconnections with abutting properties. ., are encouraged. Mixed-Use Activity Centers are intended to
accommodate a variety of residential and non-residential uses, including commercial development such as
this Planned Unit Development.
On CD-Plus System
CDES Division - Comprehensive Planning Department
~ 1 -
I'UDZ-2009-AR-14425, Addies Corner REV 2
One hundred thirty-five thousand (135,000) square feet of commcrcial development are proposed on
23.33 acrcs, inclusive of the acreage reserved for future right-of-way. Eligible land uses within the Mixed
Use Activity Center include the full array of commercial useJ, residential uses, institutional uses, and hotel/ motel uses at
a density consistent with thc Land Development Codc.
Faclors to be considered during the consistency review of a rezone petition within a Mixed Use Activity Center are given in
italics, with [bracketed staff analysis] following each provision.
a, Rezones WIthin Mixed Use Activity Centers are encouraged to be in the.form of a Planned Unit Development. There
shall be no minimum acreage limitation for such Planned Unit Developments except requestJfor rezoning must meet the
requirementJfor rezoning in the Land Development Code, [Acknowledged.]
b. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use
Activity Center and within two road miles of Mixed (he Activity Center. [Acknowledged; however, demand for
goods and services draws on a trade area extending beyond these two miles. Refer to the Frasier
and Mohlke Associates' Market-Conditions Study's Supportable Commercial Uses and Land Use
Recommendations (on pages 11-23, 24) section, and to the SummaI)' of Findings (on page IV-I)
section for evaluation of the larger-than-two road mile trade area studied.]
Parcels/PUDs within Mixed Use Activity Center (MUAC) No, 3:
Location Parcel/PUD
48-26-22 Tree Farm
In Northwest MUAC,Quad
Developed Sq, Ft. Commercial Use
zero (of 200,000) grocery, financial
institutions, gcneral retail,
offices & prof. services
(The vacant and idle Tree Farm PUD is approved .for 200,000 square .feet of commercial/office development on 18.69
acres, of which a minimum of 5,000 .rquarefeet will be developed with professional or medical office u.re.r.)
Developed Acreage
zero (of 18.69)
Location Parcel/PUD Developed Acreage Dcveloped Sq. Ft. Commercial Use
48-26-23 Heritage Bay zero (of 73.5) zero (of 200,000) Regional Shopping
In Northeast MUACQuad (47.50 in Heritage Bay Commons) Center
(The Heritage Bay PUD is approved for 230,000 .rq, ft. of commercial development on 73.50 acres. Approximately
200,000 .rq. ft, of thi.r commercial development is allowed within MlJAC No, 3 and 30,000 sq,ft. of commercial
development is allowed within the Village Centers (26 ale), located out.ride the MUAC but within two (2) radial miles.)
Location
48-26-26
Parcel/PUD
The Tree Plateau
Developed Acreage Developed Sq. Ft.
zero (of 32.55)
Commercial Use
wholesale plant
nursery*
In Southea.rt MUACQuad
(Applying the generally accepted figure of
potential commercial development,)
*(Note: present nursery is viewed as an agricultural land use.)
10,000 sq'.ft, of. commercial development per acre -yields 325,500 sq. ft. of
On CD-Plus System
CDES Division - Comprehensive Planning Department
2
PUDZ-2009-AR-14425, Addies Corner REV: 2
Developed Sq, Ft, Commercial Use
98,642 (of 231,000) Community
Shopping Center, financial
institutions, restaurants &
drive-ins, offices, prof. servo
(The Richland PUD is approved fOr 231,000 sq, ft, of neighhorhood/ community commercial development on 21,80 acres,)
Location Parcel/PUD
48-26-27 Richland/Pebblebrook
In Southwest MUAC Quad
Developed Acreage
11.73 (of 21.80)
------------------------------------------------------------------------------------------------------------------------------------
The potential and approved commercial square footage, and potential and approved commercial acreage
within Activity Center No.3 is approximately 1,091,500 sq. ft. and 144 acres, respectively, inclusive of the
subject petition,
-------------------------------------------------------------------------------------------------------------------------------------
Parcels/PUDs within two (2) radial miles of Mixed Use Activity Center (MUAC) No.3:
Location
48-26-21
Parcel/PUD
Olde Cypress/Preserve
48-26-22 Parcel 36.002/C-3
Within 2 miles Northwest
Location Parcel/PUD
48-26-35 Parcel 31
48-26-35 Parcel 35
Within 2 miles Southeast
Location
48-26-34
48-26-34
48-26-34
Parcel/PUD
Parcel 7,0
Misc. Parcels
Mission Hills
48-26-34 Carolina Village
48-26-34 Sonoma Oaks
Within 2 miles Southwest
Developed Sq. Ft. Commercial Use
4,485 automotive sales
4,707 commercial stores
200,000 Community Shopping
(103,690 developed/ occupied) Center, financial
institutions
commercial stores
commercial stores
Developed Acreage
5.48 (of 12.5)
0.28
Developed Acreage
3.57
9.24
Developed Acreage
9.25
51.24
33,45
15.88
9,38
Developed Sq. Ft. Commercial Use
102,474 Shopping Center
(40,889 developed/occupied)
convenience/gas mart, mini
storage units, strip center
1,672 pet grooming
Developed Sq. Ft.
3,454
2,952
Commercial Use
florist, greenhouse
offices & prof.
serVIces
150,000 (undeveloped)
120,000 (undeveloped)
---------------------------------------------------------------------------------------------------------------------------------
The potential and approved commercial square footage, and potential and approved commercial acreage
within two radial miles from the subject property but outside Activity Center No.3, is approximately
619,744 sq. ft, and 170 acres, respectively.
---------------------------------------------------------------------------------------------------------------------------------
The total potential and approved commercial square footage and acreage, inside Activity Center No.3 and
within two radial miles, is approximately 1,711,244 sq, ft. and 314 acres, respectively -sufficientto meet the
demand for goods and services through the year 2009 for the larger-than-two road mile trade area studied,
On CD-Plus System
CDES Division - Comprehensive Planning Department
3
l'UDZ-2009-AR-14425, Addies Corner REV: 2
t, Market demand and service area for the proposed commmial land uses to be used as a guide to explore the feasibiiity of
the requested land UJeJ:
Applicant remarks: Refer to Table 3 of the November 3, 2009 memorandum prepared by Fraser and
MoWke Associates, Inc., issued to Robert Duane, AICE This table provides a sampling of commercial
activities and their occupancy status, particularly those businesses in the Shoppes of Pebble brook
(Richland PUD). [Acknowledged by second review. The November 3 Frasier and Mohlke
Associates' memo along with the original Market-Conditions Study support the proposed
additional commercial activities. More than a dozen tenants are identified occupying lease space
in 2004, Nearly all of these businesses remain in their lease space in 2009 and characterize a
different vacancy scenario than initially generalized in a staff observation.]
Refer [again] to the November 3, 2009 memorandum preparcd by Fraser and MoWke Associates, Inc. As
part of a Mixed Use Activity Center, Adclies Corner is intended to accommodate a variety of residential
and non-residential uses, including an array of commercial uses, institutional uses and hotel/motel uses.
The MPO Long Range Transportation Plan identifies the eventual northward improvement of Collier
Boulevard (CR 951) into Lee County as an alternate route to relieve congestion on 1-75, and Fraser &
MoWke Associates support hotels & motels as a permitted usc for the Adclies Corner CPUD.
[Acknowledged by second review. Miscellaneous Amusement and Recreation Services, (are now)
limited to martial arts instruction, bicycle, moped and motorcycle rentals, and, scuba and skin
diving instruction; Gasoline Service Stations; Grocery and Miscellaneous Markets and Food
Stores; Household Appliance, Consumer Electronics, and Hardware Stores, and; Hotels and
Motels remain as proposed uses.]
d, Existingpatterns of land use within the Mixed Ure Activity Center and within two radial miles, [Acknowledged.]
e, Adequacy of infrastructure capacity, particularly roads, [Acknowledged. Project will be linked to adjacent
arterial roadways, Immokalee Road and future Collier Boulevard extension (C.R. 951) as provided
for on the PUD Master Plan and identified within the project's TIS. According to submitred
documents all category "N' public facilities have capacity to serve this project. Transportation
Planning staff will evaluate the project for traffic impacts and determine available capacity on
affected roadways.]
f Compatibility of the proposed development with, and adequacy of bufferingfor, adjoining properties. [The
commercial project will be linked to the adjacent arterial roadways throngh adjacent properties
designated Urban-Mixed Use District, Urban Residential Subdistrict and Urban-Commercial
District, Mixed Use Activity Center Subdistrict. A detailed compatibility evaluation will be
performed by Zoning and Land Development Review staff. However, staff notes the building
heights are proposed at fifty (50) feet for retail uses and sixty-five (65) feet for office uses; these
heights conflict with the intent of the Mixed Use Activity Center to be "developed at a human
scale".] Applicant remarks: are lengthy; "Retail" usc building heights have been reduced from 50 ft.
zoned, and 62 ft. actual to 45 ft, or two stories zoned, and 65 ft, actua~ whichever is less. Office building
heights have been reduced from 65 ft. zoned, and 65-77 ft. actual to 55 ft. or four stories zoned, and 65 ft.
actual, whichever is less. The propos cd heights are appropriate for an activity center with preserve lands
On CD-Plus System
CDES Division - Comprehensive Planning Department
4
PUDZ~2009-AR~I4425, Addies Corner REV 2
located to the north of the proposed commercial area within this CPUD, and, the Mirasol PUD to the
west that has open space areas and right-of-way along the eastern property line, that establishes a further
separation between uses, They are now less (in potential height) than the adjacent Tree Farm MPUD.
[Changes acknowledged by second review.]
g, Natural or man-made constraints. [Acknowledged.]
h. Rezoning criteria identified in the Land Development Code. [Provided for in the PUD rezone application.
Further, adherence to these criteria will be evaluated by the Zoning and Land Development
Review staff.]
i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land
Development Code. [Provided for on PUD Master Plan. Further, Transportation Planning staff will
evaluate the project for conformance with this LDC provision.]
j. Coordinated traffic flow on-site, as may he demonstrated by a Traffic Impact Analysis, and a site plan/master plan
indicating on-site traffic movements, access point location and type, median openin.g locations and type on the abutting
roadway(s), location of traffic signals on the abutting roadway(J), and internal and external vehicular and pedestrian
interconnections, [Acknowledged. Further, Transportation Planning staff will provide a more
detailed review.]
k, Interconnection(s) for pedCJtrian, bicycles and motor vehicles with existing and fUture adjacent projects, [Conceptual
design plans for the Planned Unit Development illustrate "future shared access" interconnection
to both the east and west. Each of these "access" points must be designed and developed to
accommodate pedestrian traffic inside and between projects. Further, Transportation Planning
staff will provide a more detailed review.] Applicant remarks: The proposed CPUD Master Plan will
meet all applicable requirements pertaining to sidewalks. Reader directed to Exhibit "F'; Transportation
&quirements, [Changes acknowledged by second review. Future shared access is illustrated on the
CPUD Master Plan.]
!. Coriformance with architectural design standards as identified in the Lmd Development Code. [Zoning and Land
Development Review staff will provide a detailed review of the reqnired design standards during
review of the subsequent development orders].
Select FLUE Policies are given below, followed with [bracketed staff analysis].
FLUE Policy 5.4 states: ''New developments shall be compatible with, and complementary to, the surrounding land uses,
as set forth in the Land Development Code." It is the responsibility of the Zoning and Land Development
Review staff, as part of their review of the petition in its entirety, to perform the compatibility analysis.
FLUE Objective 7, and associated Policies 7.1 through 7.7 of the Future Land Use Element (FLUE)
were approved on October 26, 2004, This Objective and policies encourage shared access and project
interconnections, and incorporate certain "Smart Growth" practices found in Toward Better Places - The
Community Character Plan fOr Collier County, Florida. The Community Character Plan promotes smart growth
policies and adheres to the existing development character of Collier County.
On CD~plus System
CDES Division - Comprehensive Planning Department
5
I'UDZ-2009-AR-14425, Adm" Corner REV 2
FLUE Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads,
except where no such connection can be made without violating intersection spacing requirements of the Land Development
Code, [The conceptual CPUD Master Plan indicates one (1) access connecting the subject
property with Immokalee Road to the south, classified as a principal arterial roadway. Indirect
access is provided onto Immokalee Road through the adjacent Mirasol PUD to the west. Indirect
access is also provided onto Broken Back Road (Collier Boulevard extended) through the
adjacent Tree Farm MPUD to the east. The indirect accesses through the parcels to the east and
west onto Immokalee Road, along with eventual direct connection to same, establish consistency
with this Policy.]
FLUE Policy 7.2
The County shall encourage internal accesses or loop roads in an efftrt to help reduce vehicle congestion on nearby collector and
arterial roads and minimize the need fOr traffic signals, [Exhibit 'C', CPUD Master P!;m, shows multiple
commercial tracts with multiple internal drives providing interconnection between the tracts.
Due to the project size, type and anticipated development of multiple commercial tracts, an
actual loop road is not feasible. The proposed design allows these internal drives to function as a
loop road within the subject property and attain compliance.]
FLUE Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their interconnection points with
adjoining neighborhoods or other develnpments regardless if land use type. [The conceptual CPUD Master Plan
indicates two (2) internal access drives providing interconnection with the two Planned Unit
Developments located to the east and west. Commitments for same are contained in Exhibit 'F',
Development Commitments Specific to the Project. The large preserve area on the northerly one-
third of the site precludes interconnection to the north.]
FLUE Policy 7.4
The County shall encvurage new developments to provide walkable communities with a blend if densities, common open
spaces, civic facilities and a range if housing prices and types, [Open space, and a preserve area are provided
within the commercial tract, as noted on Exhibit 'C', the CPUD Master Plan "Site Summary"
table, Civic uses are allowed per Exhibit 'N, List of Permitted Uses, item no. 22. The proposed
LDC deviation (No.3) from providing sidewalks on both sides of the internal access drives
(streets) may not be an issue if they are supplanted by other walkways designed to function as
pedestrian paths between, and provide pedestrian access to, commercial buildings.]
FLUE Policy 7.6
The County shall explore the creation if an urban ''greenway'' network along existing major canal bankJ and power line
easementJ, Applicant remarks: A "PROPOSED 10' WIDE PATHWAY" that connects with the properties
to the east and west is provided on the CPUD Master Plan immediately north of, and adjacent to, the
canal. [Acknowledged.]
Review of PUD Documents
Exhibit 'N, List of Permitted Uses; lists more than 155 proposed, or "permissible" uses supported by the
Frasier and Mohlke Associates' Market-Conditions Study.
On c[)-Plus System
CDES Division - Comprehensive Planning Department
6
PUDZ-2009AR-14425, Addies Corner REV: 2
Exhibit 'B', Development Standards, includes the Table entry "Group Care Facilities", and Exhibit 'F',
Development Commitments Specific to the Project, includes a section addressing "Continuing Care
Development Commitments". "Group Care", "Continuing Care" and other types of care facilities appear
in Exhibit 'N, List of Permitted Uses as uses allowed in the Addies Corner Commercial pun
[Acknowledged by second review.]
Certain information requested by staff in the Pre-Application Meeting conducted October 29, 2008-
particularly, the provision for off-site signage for the Tree Farm MPUD site - have been incorporated into
Exhibit B - Development Standards. [Acknowledged by second review.]
Based upon the above analysis. staff concludes the proposed commercial uses may be deemed
consistent with the Future Land Use Element (FLUE).
cc: David Weeks, /lICP, Growth Management Manager, Comprehensive Planning Section
Mike Bosi, /lICp, Comprehensive Planning Manager, Comprehensive Planning Section
Raymond Bellows, Planning Manager, Zoning Services Section
William Loren" PE, Director, Engineering, Environmental, Comprehensive Planning
and Zoning S erviees Deparlment
CDIFLUEfile
G:\Con;istency Revi"",\2010\PUDZ\PUDZ-2009-AR-I4425 Addie', Comer CPUD REV 2.tWC
,,-2/3/ to
On CD-Plus System
CDES Division - Comprehensive Planning Department
7
ORDINANCE NO. 2011-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 135,000
SQUARE FEET OF RETAIL OR OFFICE USE FOR A 23.33+/- ACRE
PARCEL TO BE KNOWN AS TIlli ADDlE'S CORNER CPUD,
LOCATED IN THE NORTHWEST QUADRANT OF THE
INTERSECTION OF IMMOKALEE ROAD (CR 846) AND COLLIER
BOULEVARD (CR 951), IN SECTION 22, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY
PROVIDING AN EFFECTIVE DATE.
/"'.~
WHEREAS, Happy #4 Family Corporation, represented by Robert L. Duane, AICP of
Hole Montes and Richard D. Yovanovich, Esquire, of Coleman, Yovanovich & Koester, P,A.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
descri bed real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 22,
Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Commercial Plarmed Unit Development (CPUD) Zoning
District to allow for development of up to 135,000 square feet of retail or office use for a
........
Addles Comer PUDZ-2009-AR-14425
Revised 11/05/1 0
Page] of2
23.33+/- acre parcel to be known as Addie's Corner CPUD, in accordance with Exhibits A
through F attached hereto and incorporated by reference herein. The appropriate zoning atlas
map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
day of
,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
By:
By:
, Chainnan
, Deputy Clerk
Approved as to fonn
and legal sufticiency:
G
,1/\ ,
0\~\V
\,'-,
\
Heidi Ashton-Cicko
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Pennitted Uses
Development Standards
Master Plan
Legal Description
Requested Deviations from LDC
Developer Commitments
09-CPS-0095I /4 7
Addies Corner PUDZ-2009-AR-14423
Revised 11/05/10
Page 2 of2
EXHIBIT "A"
LIST OF PERMITTED USES
ADDlES CORNER CPUD
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following:
1. Tract A - Permitted Principal Uses:
A. Commercial Professional Retail & General Office Permitted Use (Sic In Parenthesis)
Accident & Health Insurance Services
Accounting, Auditing and Bookkeeping Services
Adjustment services
Advertising (consultants) agencies
Advertising, not elsewhere classified
Agricultural uses until such time as the Issuance of the first
Certificate of Occupancy
7, Architectural services
8. Auto & Home Supply Stores
9, Bakeries, Retail
10, Banks, commercial: national
I I. Banks, commercial: not chartered
12. Banks, commercial: state
13, Banks, savings: Federal
14, Banks, savings: not federally chartered
15, Barber Shops
16. Beauty Shops
17. Book Stores
18, Business Associations
19. Business Consulting Services, not elsewhere classified
20. Camera & Photographic Supply Stores
21. Candy, Nut & Confectionery Stores
22. Carpet and Upholstery Cleaning
23. Civic, Social and Fraternal Associations
24. Clothing & Accessory Stores, Men's & Boy's
25. Clothing Stores, Women's
26, Collection Services
27, Commodity Contracts Brokers & Dealers
28, Commercial Art & Graphic Design
29. Commercial Photography
30. Commercial Economic, Sociological & Educational Research
3 I , Computer & Computer Software Stores
32, Computer Facilities Management Services
33, Computer Maintenance and Repair
34. Computer Processing & Data Preparation Services
Addies Corner CPUD PUDZ-Z009-AR-1442S
Last revised; 10/28/10
I.
2,
3,
4,
5.
6,
Page 1 of 13
(6321)
(8721 )
(7322)
(731 I)
(7319)
!NIA)
(8712)
(553 I)
(5461)
(6021)
(6029)
(6022)
(6035)
(6036)
(7241)
(7231)
(5942)
(8611)
(8748)
(5946)
(5441)
(721 7)
(8641)
(5611)
(5621 )
(7322)
(6221 )
(7336)
(7335)
(8732)
(5734)
(7376)
(7378)
(7374)
56,
57,
58,
59.
60,
61.
62.
63,
64.
65,
66.
67.
68.
69,
70.
71.
72.
73.
74.
75.
76,
77.
78.
79,
80.
81.
82,
83.
35.
36.
37.
38.
39,
40.
41.
42.
43,
44,
45.
46.
47,
48,
49.
50.
51.
52,
53.
54.
55,
Computer Programming services
Computer Rental & Leasing
Credit Reporting Services
Credit Unions, Federal
Credit Unions, State: not federally chartered
Dairy Products Stores
Data Processing Consultants
Dance Studios, Schools & Halls
Data Processing Services
Dental Laboratories
Dentist Office/Clinic
Direct mail advertising service
Direct Selling Establishments
Doctors - Medicine Offices & Clinics
Doctors - Osteopathy Offices & Clinics
Doctors - Chiropractors Offices & Clinics
Drapery, Curtain & Upholstery Stores
Drinking Places (Alcoholic Beverages)
Drug Stores
Eating Places
Engineering services: industrial, civil, electrical, mechanical, marine
and design
Executive Offices
Executive & Legislative Offices Combined
Fire, Marine & Casualty Insurance Services
Floor Covering Stores
Florists
Food Stores, Miscellaneous
Foreign Branches & Agencies of Banks
Foreign Trade & International Banking Institutions
Furniture Stores
Funeral home or parlor
Gasoline Service Stations
General Government, not elsewhere classified
Gift, Novelty & Souvenir Shops
Grocery Stores
Group Housing
Hair weaving or Replacement Service
Hardware Store
Health practitioners - not elsewhere classified
Hobby, Toy & Games Shops
Home health care services
Hotels & Motels
Household Appliance Stores
Hospital & Medical Healthy Services
Information Retrieval Services
Insurance Carriers, not elsewhere classitied
Investment Advice
Jewelry Stores
Land Subdividers & Developers
Addies Comer CPUD PUDZ-2009-AR-14425
Lns! revised: 10/28/10
Page 2 of 13
(7371 )
(7377)
(1323 )
(606])
(6062)
(545])
(7379)
(791 I)
(7374)
(8072)
(8021)
(733])
(5963)
(801 I)
(8031 )
(8041 )
(5714)
(5813)
(5912)
(5812)
(8711)
(9]] I)
(9131)
(6331)
(5713)
(5992)
(5499)
(6081)
(6082)
(5712)
(7261)
(5541)
(9199)
(5947)
(5411)
(8051, 8052
& 8059)
(7299)
(5251)
(8049)
(5945)
(8082)
(7011)
(5722)
(6324)
(7375)
(6399)
(6282)
(5944)
(6552)
84,
85,
86,
87.
88.
89.
90.
91.
92,
93.
94.
95.
96.
97,
98,
99.
100,
101.
102.
103,
104.
105,
106.
107.
108.
109,
110,
I I 1.
112,
113,
114.
I I 5,
116.
117.
118.
119,
120,
121.
122.
123.
124,
125.
126,
Landscape architects, consulting & planning
Laundries (Coin Operated) & Dry-cleaning
Legal services
Libraries (except regional libraries)
Life Insurance Services
Liquor Stores
Loan brokers
Luggage & Leather Goods Stores
Management Services
Management Consulting Services
Markets, Meat & Fish (Seafood) Markets
Markets, Fruit & Vegetable Markets
Medical Equipment Rental & Leasing
Medical Laboratories
Membership Organizations, not elsewhere classified
Miscellaneous amusement and recreational services not elsewhere
classified. Only judo instruction, karate instruction, moped rental,
motorcycle rental, rental of bicycles, scuba and skin diving
instruction are permitted
Miscellaneous Business Credit Institutions
Miscellaneous General Merchandise Stores
Miscellaneous Home Furnishings Stores
Miscellaneous personal services, not elsewhere classified excluding
massage parlors, steam baths, tattoo parlors and Turkish baths,
Miscellaneous Retail Stores, not elsewhere classified
Mortgage Bankers & Loan Correspondents
Musical Instrument Stores
News Dealers & Newsstands
Nondeposit Trust Facilities
Optical Goods Stores
Optometrists - offices & clinics
Paint, Glass & Wallpaper Stores
Pension, Health and Welfare Funds Services
Personal Credit Institutions
Photocopying & Duplicating Services
Photographic Studios, Portrait
Photofinishing Laboratories
Physical Fitness Facilities (permitted only when physically integrated
and operated in conjunction with another permitted use in this district
- no stand alone facility permitted)
Podiatrists - offices & clinics
Political Organizations
Professional Membership Organizations
Professional Sports Clubs & Promoters
Public Relations Services
Radio, Television & Consumer Electronics Stores
Radio, Television & Publishers Advertising Representatives
Real Estate Agents and Managers
Record & Prerecorded Tape Stores, adult video rental or sales
prohibited
Addies Comer CPUD PUDZ+2009-AR-I4425
Last revised: 10/28/10
(0781 )
(7215)
(8 III)
(8231 )
(6311)
(5921)
(6163)
(5948)
(8741)
(8742)
(5421)
(543 I)
(7352)
(8071)
(8699)
(7999)
(6159)
(5399)
(5719)
(7299)
(5999)
(6162)
(5736)
(5994)
(6091)
(5995)
(8042)
(5231)
(6371)
(6141)
(7334)
(7221 )
(7384)
(799 I)
(8043)
(8651 )
(8621 )
(7941 )
(8743)
(5731 )
(7313)
(6531)
(5735)
Page 3 of 13
127.
128,
129,
130,
13\.
132,
133.
134,
135,
136.
137,
138.
139.
140.
141.
142,
143.
144.
145,
146,
147,
148.
149,
150,
151.
152.
153.
154,
155.
156.
157,
Religious Organizations
Repair Shops & Related Services, not elsewhere classified
Retail Nurseries, Lawn & Garden Supply Stores
Retirement communities including independent living units, assisted
living units or skilled nursing units
Secretarial and Court Reporting Services
Security Brokers, Dealers & Flotation Companies
Security and Commodity Exchanges
Sewing, Needlework & Piece Goods Stores
Services Allied with the Exchange of Securities or Commodities, not
elsewhere classified
Shoe Repair Shops and Shoeshine Parlors
Short-Term Business Credit Institutions, except agricultural
Social Services, Individual & Family (activity centers, elderly or
handicapped only; day care centers for adult & handicapped only)
Sporting Goods Stores & Bicycle Shops
Stationety Stores
Stores, Children's and Infants Wear
Stores, Family Clothing
Stores, Miscellaneous Apparel & Accessory
Stores, Shoes
Stores, Women's Accessoty & Specialty
Surety Insurance Services
Surveying Services
Tanning Salons
Tax Return Preparation Services
Title Abstract Offices
Title Insurance Services
Tobacco Stores & Stands
Travel Agencies (no other transportation services)
Used Merchandise Stores
Veterinary services for animal specialties
Video Tape Rental, adult video rental or sales prohibited
Watch, Clock & Jewelty Repair
(8661 )
(7699)
(5261)
NIA
(7338)
(621 I)
(6231 )
(5949)
(6289)
(7251 )
(6153)
(8322)
(5941)
(5943)
(5641)
(5651)
(5699)
(5661)
(5632)
(6351)
(8713)
(7299)
(7291)
(6541 )
(6361)
(5993)
(4724)
(5932)
(0742)
(7841)
(7631 )
B. Any other commercial or professional use which is comparable in nature with the
foregoing list of permitted uses and consistent with the purpose and intent of the district
as determined by the Board of Zoning Appeals, pursuant to the LDC,
n. Tract A - Permitted Accessorv Uses:
Accessoty uses customarily associated with the permitted principal uses, including, but not
limited to:
A. Uses and structures that are accessoty and incidental to the permitted uses within this
CPUD document.
B. Any other accessory and related USe that is determined to be comparable in nature with
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC,
Addies Corner CPUD PUDZ.2009-AR-14425
Last Kvised: 10/2811 0
rage 4 of 13
III. Tract B Permitted Preserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a
minimum of 8.85 acres, other than the following:
A, Passive recreation areas, boardwalks and recreational shelters,
B. Water management and water management structures.
C. Mitigation areas,
D, Passive recreational uses such as pervious nature trails or boardwalks are allowed within
the preserve areas, as long as any clearing required to facilitate these uses does not impact
the minimum required vegetation,
E. Any other conservation and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land
Development Code (LDC).
IV, Retirement Communitv Commitments:
The developer of the retirement community, its successors or assigns, shall provide the following
services and be subject to the following operational standards for the units in the retirement
community, including but not limited to, independent living units, assisted living units or skilled
nursing units:
I, The facility shall be for residents 55 years of age and older.
2, There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services may be
provided for the residents' individualized needs including but not limited to
medical office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with
their individual needs, The managerlcoordinator shall also be responsible for
arranging trips to off-site events as well as planning for lectures, movies, music
and other entertainment for the residents at the on-site clubhouse.
5, A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents,
6. Each unit shall be equipped to notifY emergency service providers in the event of
medical or other emergency.
Addies Comer CPUD PUDZ.2009-AR-14425
Last revised: 10/28/10
Page 5 of 13
~-~---~------_._-------
7. Each unit shall be designed to accommodate residents with physical impairments
(handicaps) as required by the applicable building codes and federal law and
regulation,
Addies Comer CPUD PUDZ-2009-AR-14425
Last revised: ] 0/28/] 0
Page 6 ofl3
EXHIBIT B
DEVELOPMENT STANDARDS
ADDlES CORNER CPUD
The table below sets forth the development standards for land uses within the Addies Corner
CPUD, Standards not specifically set forth herein shall be those specified in applicable sections
of the LDC in effect as of the date of approval of the SDP or subdivision plat.
I. DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT
MINIMUM LOT AREA
AVERAGE LOT WIDTH
MINIMUM YARDS (External) (See
From Immokalee Road Canal ROW
From Eastern Pro"eet Bound
From Western Pro'eet Bound
From Northern Pro' eet Bound - As Shown
MINIMUM YARDS nternoI
Internal DrivesfR 0 W
Rear
Side
Lakes
Presetves
15 ft.
10 ft,
10 ft.
25 ft.
25 ft.
10 ft, or 1/2 the
building heights"
sum 0
10 ft.
45 ft. or 2 stories""" 5 ft. 35 ft.
55 ft. or4 stories..... 5 ft. 35 ft.
1,000 sq. ft..._..:__ N/A
135,000 sq.ft. ..... N/A
0.60 FAR. up to 25 units N/A
per acre *****
HOTEL & MOTEL 0.60 FAR. N/A
No structure may be located closer than 20 feet to the top of bank of a lake (allowing for the required
minimum 20 foot wide lake maintenance easement).
Whichever is greater.
Whichever is less.
U*. Per principal structure, kiosk vendor, concessions, and temporary or mobile sales stroctures shall be
permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory
structure standards set forth in the LDC.
.**** Total allowable commercial square footage is 135,000 of retail and office including other peanitted uses set
forth in Exhibit "A". For each acre of Group Housing or fraction thereof developed, 10,914 S,F, of retail
area will be reduced on Tract 'I A"
MIN. DISTANCE BETWEEN STRUCTURES
MAXIMUM HEIGHT
Retail Buildin s
Office Suildin s
MINIMUM FLOOR AREA
MAX. GROSS LEASABLE COMMERCIAL AREA
GROUP CARE FACILITIES
.
..
.**
Addie!! Comer CPUD PUDZ.2009.AR.14425
Last revised: 10/28/10
Page 7 of IJ
II. DEVELOPMENT WITH ADJACENT PROPERTY TO THE EAST
In the event amendments are made to the Tree Farm MPUD to the east of this CPUD to
allow for a unified development plan of both properties, a zero setback shall be allowed
along the common property line of this CPUD and all other pertinent LDC requirements
shall be applicable.
III. ALTERNATIVE LANDSCAPING EAST PROPERTY LINE
A minimwn 6-foot height hedge, minimum 3-foot in spread, planted a maximwn 4-feet
on center, 100% opaque at planting shall be installed along the east property line, in lieu
of a wall, along with other requirements of a Type B Landscape buffer.
Addics Corner CPUD PUDZ.2009-AR-14425
Last revised: 10/28/10
Page 8 of 13
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Addies ~omer CPUD PUDZ-2009-AR.-14425
Last revised: 10/28/10
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Page 9 of 13
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EXHIBIT D
LEGAL DESCRIPTION
ADDlES CORNER CPUD
The North one-half (1/2) of the West one-half (1/2) of the Southeast one-quarter (114) of the
Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East;
and
The South one-haif (1/2) of the West one-half (1/2) of the Southeast one-quarter (1/4) of the
Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East; excepting the
south 100 feet thereof;
and
The East one-half (1/2) of the East one-half (1/2) of the East one-half (1/2) of the Southwest one-
quarter (1/4) of the Southeast one-quarter (1/4) of Section 22, Township 48 South, Range 26 East,
excepting the south 100' thereof.
Addies Comer CPUD PUDZ-2009-AR-14425
Last revised: 10/28/10
Page 100f13
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM THE LDC
ADDlES CORNER CPUD
I. Deviation #1 seeks relief from LDC Section 5.03.02,H,I.a., commercial and industrial
districts, which require if located on a contiguous residentially zoned property, the wall
andlor fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height
and shall be located a minimum of six (6) feet from the residentially zoned district, to not
require a wall within a Type B buffer along the east property line of this CPUD adjacent
to the Tree Farm MPUD to the east. (See Exhibit C, CPUD Master Plan,)
As mitigation for the wall, a 6-foot height hedge shall be required in addition to the
requirements of a Type B Landscape buffer. (Also, see Exhibit B - Development
Standards pertaining to Landscaping).
Addies Comer CPUD PUDZ.2009.AR-14425
Last revised: 10/28/10
Pagellofl3
EXHIBIT F
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
ADDlES CORNER CPUD
L TRANSPORTATION REQUIREMENTS (Amended by Transportation Staff on 2/4/10)
changes accepted on 3/26/10 and then CAO edits put in)
I, The Owner will dedicate in fee right-of-way for the purpose of relocating the
Cocohatchee Canal as depicted on Tract A on the CPUD Master Plan, that
includes compensatory right-of-way for the turn lane into the project. This area
comprises", 1.62 acres and was based On the most current information available at
the time of approval of this ordinance. The property owner will dedicate to
Collier County this right-of-way within 90 days of written request of the County
at no cost to the County. The County will be responsible to relocate the canal,
except only those portions immediately adjacent to (approximately 100' each side
of) the proposed bridge, Collier County Transportation will provide design
direction to the developer as to the ultimate alignment of the relocated canal prior
to the time of SDP approval.
2, The Owner, his SUCcessor or assigns shall provide a roadway connection available
to adjacent properties to facilitate interconnection to the properties to the east (the
Tree Farm MPUD) and West (Mirasol PUD), at the time of submittal of the fIrst
development order application.
3. When Owner constructs the bridge providing connection to Immokalee Road it
shall be constructed in a location consistent with the future location of the
Cocohatchee Canal to accommodate the ultimate canal configuration, This will
include relocation of the canal immediately adjacent to (approximately 100' each
side of) the proposed bridge.
4. The Owner, his Successor, or assigns agrees to construct a 12' multi-use pathway
along the North side of the future location of the Cocohatchee Canal, within
property owned by Collier County, which shall connect to the pathway to the
West. A 10' pathway may be substituted at this location if consistent with the
County's Comprehensive Pathway Plan. This pathway shall be constructed prior
to issuance of the first Certificate of Occupancy,
Addies Comer CPUD PUDZ~2009-AR~14425
Last revised: 10/28/10
Page 12ofl3
5, The Owner, his successor, or assigns agrees to be responsible for 2% of the
construction costs (not to exceed $50,000) to be considered the PUD's
proportionate share of the improvements to the intersection of c.R. 951 and
lmmokalee Road, Payment shall be due within 90 days of receipt of the County's
written request. The term "improvements", in this paragraph, means the relocation
of the canal, the at-grade improvement of tuming movements and turn lanes, all
other ancillary at-grade improvements (curbs, bike lanes, etc), construction of a
relocated bridge over the Cocohatchee Canal, and signalization for all movements.
The term does not refer to potential future, grade-separated intersection
improvements,
II. ENVIRONMENTAL
1. Based on total site acreage of 23.34 acres and 22.65 acres of native habitat area,
3.4 acres (15% of habitat area) is required to be preserved pursuant to the Collier
County Land Development Code. The CPUD Master Plan shall provide 8,85
acres of preserve area.
2. As a part of the Environmental Resource Permitting process of the South Florida
Water Management District (SFWMD) and the United States Anny Corps of
Engineers (USACOE), recommendations from the Florida Fish and Wildlife
Conservation Commission (PFWCC) and the United States Fish and Wildlife
Service (USFWS) regarding impacts to protected wildlife species win be
incorporated into the permits issued for this project. The developer shan comply
with the guidelines set forth within those permits, Habitat management plans
shan be provided for the Florida panther, Florida black bear, Big Cypress fox
squirrel, wood stork, and any other protected species which inhabit or utilize the
areas within the project.
Addics Comer CPUD PUDZ-2009-AR-14425
Last revised: 10/28/10
Page 13 of 13