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CCPC Agenda 06/02/2011 RCCPC REGULAR MEETING AGENDA JUNE 2s, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 2, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 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 PRESENTATIONS 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — May 5, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. BD- PL2010 -1685: Vanderbilt Beach Boat Dock Extension, a Resolution of the Collier County Planning Commission relating to Petition number BD- PL2010 -1685 for an 86 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06.E of the Collier County Land Development Code for a total protrusion of 106 feet to accommodate a 6 -slip docking facility for 30 -foot vessels for the benefit of portions of Lot XIII, Block A and portions of Lots XI and XII, Block B, Unit No. 1, Conner's Vanderbilt Beach Estates Subdivision in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP 9. ADVERTISED PUBLIC HEARINGS A. RZ- PL2009 -25: The Gordon River Greenway Park - 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 established the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, by amending the appropriate Zoning Atlas Map or Maps by changing the zoning classification of the herein described real property from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) a with an ST Overlay, Commercial Intermediate (C -3), Residential Multi- family District 6 [RMF -6(3)] and Residential Multi- family District 6 [RMF -6(3)] with an ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by providing an effective date. The 123.6 + /- acre subject property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR -886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] B. SRAA- PL2011 -0657: Ave Maria SRA - A Resolution amending Resolution Numbers 2004 -89 and 2005 - 234A for the town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b; to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida (Companion to: DOA- PL2011 -0653) [Coordinator: Kay Deselem, AICP, Principal Planner] C. DOA- PL2011 -0653: Ave Maria - A Resolution amending Resolution Number 05 -235 (Development Order No. 05 -01), as amended, for the Town of Ave Maria Development of Regional Impact ( "DRI ") located in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida; by providing for: Section One, Amendments to Development Order by revising Exhibit C: SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b, to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Community Affairs and Effective Date. (Companion to: SRAA- PL2011 -0657) [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS A. Presentation of final draft Collier County Watershed Management Plan and implementation plan [Coordinator: Mac Hatcher] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 5/20/2011 CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION - PLANNING & REGULATION HEARING DATE: JUNE 2, 2011 SUBJECT: PETITION: RZ- PL2009 -25, GORDON RIVER GREENWAY PARK PROPERTY OWNER/AGENTS: Applicant: Agent: Marla Ramsey, J.P Marchland, P.E. Collier County Public Services Administrator Kimley -Horn and Associates Parks and Recreation Department 2601 Cattleman Road, Suite 200 1500 Livingston Road Sarasota, FL 34232 Naples, FL 34109 Property Owner: Collier County and Conservation Collier 3299 Tamiami Trail East Naples, FL 34112 REQUESTED ACTION: The petitioner wishes to rezone 123.6± acres from the Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, Conservation (CON), Conservation (CON) with a ST Overlay, Commercial Intermediate (C -3), Residential Multi- Family District 6 with a cap of 3 units per acre [RMF -6(3)] and Residential Multi - Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with a ST Overlay to be known as the Gordon River Greenway Park (GRGP). Portions of the property are also located within Special Treatment Overlay for well fields with designations of ST/W -1, ST/W -2, ST/W -3 and ST/W -4, which requires land uses that reduce the potential for groundwater contamination. A companion request for a ST Permit in conjunction with this rezoning request has also been made in order to impact areas within the ST Overlay. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 1 of 18 Revised 5 -17 -11 16 PINE RIDCE NIXED URE CENTEq 15 MOORINGS PARK ODRIK05 PARK ESt G. R. 898 PINE R10CE R AD THE FALLS FOREST LAKES HOMES NAPLES 14 5—C. PEI C MEADOWSROOK GROUP 5 L7 BRYN P WUOD RESERVE ' 13 HIWASSE KENSINGTON TMMORI GOD, PARK NK1RL0 EVANB TENNIS CENTER NAPLES CHURCH BAIMORAI d N ME 8 R ARLINGTON LAKES T HANKS RODE LIVINGSTGV 0 VALAOE 21 22 23 24 19 BAILEY NILSON LANE P OFF. ER CENTER S WYNDEUEgE GREY OAKS (DR) 6 0 j glfY OAKS GREY OAKS (DRI) (DRI) 28 25 30 28 27 (C.R. 886) GOLDEN GATE PARKWAY (OLDEN GATE ` PROJECT UNIT 29 LOCATION RIVER `n REACH COWER COUNTY CENTER BRIARWOOD 34 S SERVICES 35 36 v CIMENY ¢ 31 li CENTER _ PARK CRY OF NAPLES RADIO RD C.R. 858 pAPLP>t AIRPORT LIWIG RADIO SQUARE C Q Yd 5 NE S P c9i RECENCY AUTOHAUS SUMMERNCOO S 4 3 2 MERUTAN NILAGE AIRPORT 1 PLAZA FOKFTRE ti O BA A 011 BROOKSIDE� WRINGWOOD 1NUiEP 9 1 1 10 MILLER SQUARE LOCATION MAP MINTER PARK OALLMAN KINGS LAKE ESTATE (a.) 12 7 COLLIER COUNTY DOW.. COMPLEX (DRI) (y VEHNA00 ty A VERDE 15 �`� 1B ST. PETER'S J CATHOLIC CHURCH yi Q PETITION # RZ -PL- 2009 -25 I WILD GREY OAKS A �y ZONING MAP NAPLES Cltt LIMITS SITE LOCATION I.r:::•::71 ri lI I 6 � yy` G �ygs ni a 8 N R 1115 �fa E n I ZONING: A ZOMNO: FIND / I GRAPHIC 52 0 MET EKISTING VJIOUSE HfNSIUf; NLTI(RFMH USE: RGCH Y I UND VAGM PROPOSED WA1ER ZONING: CRY A Was PO I `NMLES AIRPORI� OU�AIE� TREATbEM [ /�U UNWSE: EDZURlS(�EMS pAtY) LTI FAMILY PROPOSED ACCESS GOLDEN GATE CANAL I ZONING: CRY OF NAPLES G ROADWAY NT OTHERS PROPGSEC 2 -LANE _ _ CONSEMA710N PROJECT D= -NEWAY= OiHER� COWER PARCELB BOUNDARY TONf1E BE FLIT Aw� AIRPORT KIND�MUVEwCLE OATHWUAY BY NORIHFAST NODE \ V. PRES RVA ON N - DEVELOPNEM ARG 2 20. ACRES 10 PEOESTRMN BRIDGE CROSSING � � I GENERAL NOTES: v ST/W1 1. PROJECT BOUNOPNY LIMITS SHOWN REPRESENT LAND Q 1. ✓ " n` = I FOR THE OORWN RN GREENWAY PARK PROJECT. MG: CUY OF xAPLES PO o 2. 1, D DELINEATION AREAS ARE FINAL APPROED 20N O'C" � / WETW10 JURISDICTIONAL LINES BY SFWMD. DDSTING PROTECT U' ( E IANWSE: VAGM ,I BOUNOARi CFOSSIDE TRIAN BRIDGE � J. All IN ELOPMEM WILL IM M COMPWNCE NT, TILE \ LDC w EFFECT AT INE TIME Of DEVELOPMENT. i GORpON RIVeR J PRO EC A CONCEPTNPW SHALL BEE CONSIDERED CONCEP UAL J BOUNDARY IN FUTURE. THE' DESIGN. LOCATION AND CONFIGURATwN ROJECi OF THE LAND IMPROVEMENTS SHALL B DEFINED AT SITE BOUNDARY PLW MPRWAI OR SUBMSoM PUT MPRWAL. TOTAL PROJECT AREA - 123.65 ACRES I ( N NATION ZOWRH A ZONING: CON ZONING: A 20N— RSF-A COWER PARCEL r Zpp I PRESERVATIO AEA C LC LA 10 IMWSf: CMIBBFµ LANDUSC VACANT IANDUSL OFNS W.ANCY LAN LASE: SINGLE - GARDENS iLOPIG RESIDEMML ZONING: RMF -15 ZONING: RMF -18 _j LANOVSE: VACNN UNDUSE MULTI FAMILY I CAEB 10' WIDE TYPE A RESIDEMAL omxAVAnw RtA vRONwo n BUFFER EO M_ES)ARMS •(6� M I �E ♦♦ I I COUNTY ZONING DIa_TRICT¢ �CA IANOSCARE BUFFER NM PEOUOiED, LINKS (F P. B c d- �AJ" — PARCELB ON BDTN SLOES OF I I N -� PROJECT BOUNDARY ARE OWNED ANA- i -N -Yb M COUNTY AND LEASED TO I �� v -e- NApIES Z00. I I \ -10_ atlM, IpEVELAPNFR %AREA ` ��_ _ lo' WIDE TYPE A I 14: 1-1 wunwi rN.cu --i¢ 1 nx 1- BUFFER I NAl SPINAL muwwT - -M. row NAxARwtxt iwx x PROJEGGT I BOUNM I CITY OF NAPA ESCITY OF NAPA ES ZONINC�ISTFICTS ZONING: C-0 pROPO5E0 E— bSi" LWD15E: f O eBDAN /-DRNEIYAY BY I 1. — NANO MS , t PROPOSED ACCESS OMDENS) OTHERS — -� L 2 RONWAY BY = _ERS�.— � �P � � � 3 —� -- __ •— 20' WIDE TYPE III GOODLENE —FRANK ROAD C.R. -851 D BUFFER E [ ZONING: CRY OF NAPLES PS % 3 LEGEND i Z 013' IMPERVIDUS ASPHALT NATURE TRAIL (NTS) Q WOODEN BOARDWALK (NIS) =O OF NAPLES LIMITS L) 03 PROJECT 11I lN—!3 4 ( A.— DELINEATION -SEAM. APPRWED J E PRESERVE AREA �l- 5I PROPOSED VEHICLE ACCESS •• frAl[ FS NO1E0 Kknl6y -HOm OATS wJP. MARCHANU, P.E. EUEET rvvrnBER ❑�� andAssoclates,Inc. �'B" GORDON RIVER ,,,•n, OVERALL PROJECT SITE Atr- x1112PAl1w 1 vnaEC xa GREENWAY PARK MM1316 CONCEPT PLAN C3.0 2. 5 ___ RE`n ONS D i BY wto er ,mm.xwtn- xdm.cox a aaeoaeae 1'ELECT000 COLLIER COUNTY FLORIDA_ GEOGRAPHIC LOCATION: The subject 123.6± acre property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR -886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. (See illustration on preceeding page.) PURPOSEMESCRIPTION OF PROJECT: As described in the narrative statement included in the application, the petitioner proposes to rezone the subject site to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park (GRGP). The proposed Gordon River Greenway Park is a passive park with water quality systems and passive recreation amenities located in an ecological trail corridor. The land is owned by Collier County except the southern portion of the project is proposed on parcels of land owned by Conservation Collier (see labels on the preceeding Site Concept Plan) As depicted on the preceeding "Overall Project Site Concept Plan," is generally bounded on the north by Golden Gate Parkway and a vacant residential multi - family parcel owned by Caribbean Ventures LLC; to the east by a currently vacant residential parcel owned by Caribbean Ventures LLC, by the Bear's Paw Country Club, by the Golden Gate Canal and by the Naples Airport; to the west by the Naples Zoo, The Conservancy of Southwest Florida, the Gordon River and a vacant residential parcel; a vacant non - agricultural parcel and Goodlette Arms, LLC; and, to the south by the Gordon River and The Commons Professional Park. n The subject site was previously zoned RO (Recreation Open Space), C -3, A -2, and RMF -6. When Collier County created the Collier County Land Development Code in 1991, it created new zoning districts and eliminated others with the adoption of the new code (Ord. 91 -102). The RO and A -2 designations of the subject property were changed to CON and A and the C -3 and RMF -6 district designations remained. RO is the closest zoning district in zoning Ordinance 82 -2 to the present CON district under the Land Development Regulations. The previous RO designation allowed for more intensive recreational uses than the requested P designation. It is important to understand that a conventional rezoning request is being pursued rather than a rezoning to a PUD (Planned Unit Development). This is a result of a grant that has been received from the Trust for Public Land, which requires that the subject property not have the flexibility that is sometimes associated with a PUD designation. Therefore, the decision was made to apply for a conventional rezoning to P with limited uses in order to comply with grant requirements. The proposed GRGP project is the second in a series of Collier County projects designed to create the Gordon River Greenway, a unique passive park along with a water quality system to mitigate and reduce pollution levels in Gordon River and downstream surface waters that flow into Naples Bay, within the Naples /Collier urban area. The GRGP site is being designed to result in two distinct park development areas: a parking lot near the zoo located to the southwest with ingress /egress provisions through a loop roadway originating at the Fleischmann Boulevard/Goodlette -Frank Road intersection; and a parking lot n near to the northeast with ingress /egress provisions through a future north /south access roadway RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 4 of 18 Revised 5 -17 -11 originating at Golden Gate Parkway and adjacent to the Bear's Paw golf course. It is noted that the design, permitting and construction of these access roadways to serve the two park development areas are not part of the GRGP project scope herein. Collier County will be providing access to the two development areas pursuant to several developer contribution agreements. Primary components of the GRGP project are generally depicted on the overall site concept plan which accompanies this rezone application and are expected to include: Stormwater dry detention treatment areas and bio- retention swales Water control structures Passive park amenities such as recreational meandering pedestrian walkways, pavilions and boardwalks Fishing platform Parking, including shared parking, facilities Designated environmental preserve areas - Restroom facilities Pedestrian bridges - Connection points to access roadways by others Park maintenance building - Canoe/kayak launch facility at the Gordon River - Gopher Tortoise Preserve Site landscaping - Best management improvements to enhance water quality from stormwater runoff along Golden Gate Parkway. SURROUNDING LAND USE AND ZONING: North: Golden Gate Parkway, then Freedom Park, Caribbean Gardens Zoo, and single - family residential development, which have a zoning designation of Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, RMF -6, and Commercial Intermediate (C -3) East: Golf course, single- family, multi - family development, and an airport, which have a zoning designation of Rural Agriculture (A), Rural Agriculture (A) with a ST Overlay, Planned Unit Development (PUD), City of Naples Zoning District PD and General Commercial (C -4) South: vacant undeveloped land, the Conservancy of South West Florida, and office buildings which have a zoning designation of Commercial Intermediate (C -3), Conservation (CON), CON with a ST Overlay, and City of Naples Zoning District PD West: Gordon River, vacant undeveloped land, offices, single - family, the Conservancy of Southwest Florida and the Carribean Gardens Zoo, which have a zoning RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 5 of 18 Revised 5 -17 -11 designation of Rural Agriculture (A), Rural Agriculture with a ST Overlay, Conservation (CON), CON with ST Overlay, Residential Single - family (RSF -4), RSF -4 with a ST Overlay, Residential Multi - family (RMF -6 and RMF -16) and City of Naples Zoning District PD and C4 RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 6 of 18 Revised 5 -17 -11 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Mixed Use District, Urban Residential Subdistrict) as identified on the Countywide Future Land Use Map, and is within the Coastal High Hazard Area. This designation is intended to accommodate a variety of residential and non - residential uses, including parks, recreational facilities, and essential services as defined in the Land Development Code (LDC). The Public Use District (P) is intended to accommodate government facilities that provide essential services, including parks and recreational services facilities. Furthermore, the proposed use is consistent with the Future Land Use Element (FLUE) via Policy 5.5, which encourages the planning for expansion of County owned and operated public facilities and services to existing lands that are designated for urban intensity uses. Capital Improvement Element (CIE) Objective 3 states: "Effective with plan implementation public expenditures in the coastal high hazard area shall be limited to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. In addition, public expenditures shall include the maintenance of existing public facilities and beach renourishment, and may include beach, shore and waterway access." In addition Policy 3.3 states: "The County shall continue to support public access to beaches, shores and waterways." (The proposed park would include and allow public access to the Gordon River through a system of pedestrian trails that features bridges over the river, and direct access to the Gordon River through a kayak launch facility.) Recreation and Open Space (ROSE) OBJECTIVE 1.3 states that: "Continue to ensure that all public developed recreational facilities, open space and beaches and public water bodies are accessible to the general public." (The proposed Rezone request is to allow a public park intended for passive recreational uses and amenities that includes a system of pedestrian trails and public access to the Gordon River through a kayak launch area.) ROSE OBJECTIVE 1.6 states that: "Whenever possible and practical, utilize County owned property for recreational uses." (The public park is proposed on County owned property.) Conservation and Coastal Management Element (CCME) OBJECTIVE 10.2 states: "The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition." (The proposed project is consistent with the aforementioned Objective, as well as Policies 10.2.3 and 10.2.4.) Conservation and Coastal Management Element (CCME) OBJECTIVE 12.2 states: "The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; (Criterion met. The proposed project is consistent with the aforementioned Objective, as well as Policies 10.2.3 and 10.2.4. Additionally, ^ the applicant sustains that the proposed habitable structures will be built at a minimum RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 7 of 18 Revised 5 -17 -11 finished floor elevation of 7 feet, which is the minimum elevation required for the subject property by the current FEMA Flood Zone Base Flood Elevation (AE7) map.) b. maintaining a protective zone for wildfire mitigation; (Criterion met. The proposed project site retains existing wetlands and proposes opens space that will serve as a wildfire protective zone. In this regard, these strategies are consistent with those included in the "Wildfire Mitigation In Florida Land Use Planning Strategies and Best Management Practices" published by the Florida Department of Community Affairs.) c. installation of on -site permanent generators or temporary generator emergency connection points; (Criterion not applicable. The applicant sustains that emergency power generators are not necessary for the proposed park structures. Staff is of the opinion that this criterion is not applicable because the proposed structures will not serve as public emergency shelters.) d. beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; (Criterion met. The applicant sustains that this criterion is not applicable. However, staff is of the opinion that "protective actions to minimize the loss of structures from future events" is a criterion that must be addressed. In this regard, the Florida Building Code and the Florida Fire Prevention Code include requirements that addresses this criterion.) e. emergency road repairs; (Criterion met. The applicant notes that the proposed project / � minimizes the amount of road construction through the use of shared access points and parking areas.) f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls, etc." (Criterion met. The applicant states that publicly owned facilities will be designed to industry and County standards to minimize maintenance and repair needs.) Based upon the above analysis of proposed uses, Comprehensive Planning staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation Planning Staff has reviewed the petitioner'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). Transportation Planning Staff offers the following: Goodlette Frank Road Im ap cts: The first concurrency link that is impacted by this zoning amendment is Link 26.0, Goodlette- Frank Road (CR -851) between Golden Gate Boulevard and US -41. The proposed amendment generates only 11 additional p.m. peak hour, peak direction trips, which represents a 0.31 percent impact on Irmnokalee Road. This segment of Goodlette Frank Road currently has a remaining n RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 8 of 18 Revised 5 -17 -11 capacity of 1,478 trips, and is currently at LOS "B" (Level of Service `B ") as reflected by the 2010 AUIR (Annual Urban Inventory Report). Golden Gate Parkway lLnnacts: The next concurrency link that is impacted by this zoning amendment is Link 19.0, Golden Gate Parkway from Goodlette -Frank Road to Airport Road. The proposed amendment generates only 21 additional p.m. peak hour, peak direction trips, which represents a 0.48 percent impact on Golden Gate Parkway. This segment of Golden Gate Parkway currently has a remaining capacity of 1,088 trips, and is currently at LOS "C" (Level of Service "C ") as reflected by the 2010 AUIR (Annual Urban Inventory Report). No subsequent concurrency links are significantly impacted by this proposed project. Conservation and Coastal Management Element: Please see Attachment A: "Environmental Advisory Council (EAC) Staff Report." ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria on which a determination must be based. These criteria are specifically noted in Section 10.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as part of the Zoning and Land Development Review provided below. Transportation Review: Transportation Department Staff has reviewed the petition for compliance with the GMP and the LDC and is recommending approval. Environmental Review: Environmental Services Department Staff has reviewed the petition to address any environmental concerns. This petition was required to submit Environment Data and was heard by the Environmental Advisory Commission (EAC) on May 4, 2011. The EAC recommended denial of the proposed project due in part because the site impacts are located within a Special Treatment (ST) overlay and Conservation zoning designation (see below). The ST overlay requires a companion ST permit in order to impact environmentally sensitive areas as discussed below: Special Treatment (ST) Zoning Overlay — companion item PL 2011 -677 The proposed project has a Special Treatment (ST) Overlay district designation on approximately 63.47± acres of the overall 123.6± acre project site. As a companion to the subject rezone request, an ST permit application is being reviewed as part of the public hearing process. Section 2.03.07.D. of the Land Development Code states the purpose and intent of the ST overlay district, and reads as follows: "Within the County there are certain areas, which because of their RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 9 of 18 Revised 5 -17 -11 unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County........ The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources......." Including temporary impacts, the total proposed altered area within the ST overlay district is 5.68± acres (9 percent), with 1.81± acres of that being proposed impervious area. Temporary impacts include a two -foot wide temporary construction impact area along both outside edges of the boardwalk, a total of 12 feet of temporary construction impact along the asphalt trails, and potential excavation for utility piping /tie -in. Within the ST overlay area, the following are proposed: • The Northeast Development Node with its associated restroom, maintenance storage building, pavilion, parking, stormwater treatment areas, landscaping, and ancillary facilities. 0 Passive park amenities such as recreational multipurpose pedestrian/bicycle trails, boardwalks, associated shade structures, and lighting. • Fishing platform. • A water quality treatment facility to enhance water quality from stormwater runoff along Golden Gate Parkway. /'1 • Utility piping for water, sewer, and stormwater. • Pedestrian bridge. • Exotic plant removal. The design of the project has minimized wetland impacts by locating the parking area within wetlands of poor quality and as close to Golden Gate Parkway as possible. The overall proposed GRGP project includes over 100± acres of undeveloped upland and wetland habitats, including a 22.2± acre preservation area. As a result of the proposed project, approximately 91 percent of the ST overlay area will remain unaltered except for the removal of exotic plants. Therefore, staff is in agreement with the applicant in stating that "the project will achieve the conservation goals envisioned with the original designation of a general conservation ST Overlay in this area." Final action on the site alteration plan requested with the Special Treatment Permit lies with the Board of County Commissioners. Conservation (CON) Zoning As stated in section 2.03.09.B. of the Land Development Code (LDC), the purpose and intent of the Conservation District (CON) district is "to conserve, protect and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public.... It is the intent of the CON District to require review of all development proposed within the CON District to ensure that the inherent value of the County's natural resources is not destroyed or RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 10 of 18 Revised 5 -17 -11 unacceptably altered. The CON District corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP." To provide a brief history of the property, the site was previously zoned RO (Recreation Open Space), C -3, A -2, and RMF -6. When Collier County created the Collier County Land Development Code in 1991, it created new zoning districts and eliminated others with the adoption of the new code (Ord. 91 -102). The RO and A -2 designations of the subject property were changed to CON and A and the C -3 and RMF -6 district designations remained. RO is the closest zoning district in zoning Ordinance 82 -2 to the present CON district under the Land Development Regulations. The previous RO designation allowed for more intensive recreational uses than the requested P designation. The applicant has requested that the CON zoning designation be rezoned to P (Public Use) zoning designation for use as a public park. The gopher tortoise in this area will be required to be relocated prior to impacts in accordance with the FFWCC regulations. Stormwater Mana ,-ement Review: Stormwater Management Review Staff (Engineering) has reviewed this petition and has not voiced any concerns or offered any comments. Utilities Review: Public utilities staff has reviewed this petition and has no objection. According to the current 2008 Water and Wastewater Master Plan Updates, the project location is not within the Collier County Water - Sewer District Service Area. This petition is located within the City of Naples water and service area. The City of Naples has reviewed the subject site and will allocate water and sewer service when the future development of the property has received final City approval. Zonin,& and Land Development Review: According to LDC Section 2.03.05 A.4.a., the park, recreational service facilities and parking amenities are permitted uses in the P zoning designation. Zoning Staff has evaluated the uses proposed and their intensities; the development standards such as building heights, setbacks, landscape buffers; the amount and type of open space and its location; and traffic generation/attraction of the proposed uses. In addition to residential and PUD zoning, the subject property is primarily surrounded by agricultural zoning on three sides —north, east and west as well as residential and City of Naples PD zoning. To the north and west the lands are developed with the Freedom Park, the Carribean Gardens Zoo and the Conservancy of Southwest Florida as well as residential and office uses. To the east is a golf course, the Golden Gate Canal, residential uses and the Naples Airport. Most of the proposed trails are internal to a heavily vegetated site and will have little impact to the surrounding properties. The proposed parking areas are located adjacent to public and private access ways. If the rezoning is approved, the developer will be required to provide the minimum landscape buffers as provided for in the LDC in effect when future development is sought. At the present time, proposed parking areas would that abut access ways would be required to provide a Type D buffer, which is a 20 -foot wide landscape buffer with trees spaced no more than 30 feet on �..� center and a 2 -foot height hedge. The P zoning designation allows 35 -foot height buildings. While the GRGP will be open during daylight hours only, there will lighting. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 11 of 18 Revised 5 -17 -11 The chart below compares the site development criteria of the existing zoning districts (RT and CON) and the proposed zoning district (P). Excerpts from LDC Site Design Standards Tables (LDC Section 4.02.01.A) Zoning District Front Yard Side Yard Rear Yard Lot Area Lot Width Building Height Setback Setback Setback Maximum Public 50* 50" 50* None None 35 CON 50 50 50 5 acres 150 35 RSF -4 25 7.5 25 7,500 SF 75 35 6,500 SF, 60 12,000 SF 80 for a RMF -6 25 and 30 duplex, 35 5,500 per 100 unit for 3+ units 50% of 50% of 50% of RMF -16 building building building 43,560 150 75 height or height or height or 30' min. 15' min. 30' min. All numbers shown are the required minimum amounts except as noted All numbers shown are in feet unless otherwise noted The limitations of the P zoning district are tied to the most restrictive adjacent district -- in this case the CON district is the deciding factor The table and its footnotes show the rezoning to the P zoning district will increase the required setbacks. According to LDC Subsection 2.03.05.A, the purpose and intent of public use district (P) is to: Accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. The proposed use is consistent with the purpose and intent of the proposed zoning district. Ao�,N LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall n RZ- PI 2009 -25, GORDON RIVER GREENWAY PARK Page 12 of 18 Revised 5 -17 -11 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 non - italicized font: Rezone Findings: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally further the goals and objectives of the FLUE. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by a park use to the north, a golf course to the east, Gordon river to the south and a zoo and the Conservancy of Southwest Florida to the west along with residential, office, and an airport uses. The uses proposed in this petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district because, as noted above the parcel is surrounded by a park, a zoo, a golf course and the Conservancy. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed zoning boundaries follow the property ownership boundaries. The location map on page two of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; it is being requested in compliance with the LDC provisions to seek such changes. The proposed zoning change is appropriate because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The proposed park is the connection between Freedom Park to the north and the greenway along the Gordon River to the south located in the City of RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 13 of 18 Revised 5 -17 -11 Naples. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 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 project at this time. This project was evaluated for GMP consistency as shown in that section of this report. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The development that the rezoning could allow should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. /'\ 9. Whether the proposed change will seriously reduce light and air to adjacent areas. This development should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Since the proposed change is deemed to be consistent with the GMP and LDC, staff is of the opinion that property values should not be adversely affected. 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; zoning by itself may or 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 adjacent property in accordance with existing regulations. Properties around this property are already partially developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives ,^ reasonable assurance that a change in zoning will not result in deterrence to improvement or RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 14 of 18 Revised 5 -17 -11 development of adjacent property. Therefore, the proposed rezone 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 contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they 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. There is no reason the property could not be used in accordance with existing zoning. Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed development complies with the GMP requirements for the uses proposed. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is 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 zoning decision. 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. 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 proposed zoning district would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 15 of 18 Revised 5 -17 -11 n 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Based upon the above analysis, staff is of the opinion that the proposed change to the Public Use (P) Zoning District is not anticipated to have an adverse effect upon the surrounding area if it is limited to the following condition of approval: 1. The land use is limited to parks, recreational services and parking facilities. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC heard this petition on May 4, 2011, and voted 5 -0 to deny this petition. However, the EAC could recommend approval subject to the following stipulations: 1. Include /incorporate a filter marsh. 2. Include pervious pathways. 3. Provide a parking analysis to evaluate whether all of the impacts are required in the Zoo node parking lot (which is to be placed within existing Conservation zoning and Gopher Tortoise habitat). For further information, please see Attachment A: "Environmental Advisory Council Staff Report." NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on March 2, 2011. Please see Attachment B: "Neighborhood Information Meeting Synopsis." COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on May 12, 2011. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 16 of 18 Revised 5 -17 -11 STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward petition RZ- PL2009 -25 to the Board of County Commissioners (BCC) with a recommendation of approval with the following condition: 1. The land use is limited to parks, recreational services and parking facilities. RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 17 of 18 Revised 5 -17 -11 PREPARED BY: . VIAN& &A[Vj-j4& Yy0A (0 2011 NANCY D A H, AICP, PRINCIPAL PLANNER D TE GROW A AfJEMENT DIVISION REVIEWED BY: . z�2� K -- S -rb-11 RAY ND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION LIAM D. LO NZ, Jr. .E., DIRECTOR DATE GROWTH MANAGEMENT DIVISION .APPROVED BY: NICK CASALA 1D k, DEPUT ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the June 28, 2011, Board of County Commissioners Meeting RZ- PL2009 -25, GORDON RIVER GREENWAY PARK Page 18 of 18 Revised 5 -11 -11 n ORDINANCE NO. 11- 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 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN ST OVERLAY, CONSERVATION (CON), CONSERVATION (CON) WITH AN ST OVERLAY, COMMERCIAL INTERMEDIATE (C- 3), RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF -6(3)] AND RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF -6(3)] WITH ST OVERLAY ZONING DISTRICTS TO THE PUBLIC USE (P) ZONING DISTRICT FOR A PUBLIC PARK WITH AN ST OVERLAY TO BE KNOWN AS THE GORDON RIVER GREENWAY PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6 + /- ACRE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD (CR -851) 11—N AND SOUTH OF GOLDEN GATE PARKWAY (CR -886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, J. P. Marchland, P.E. of Kimley -Horn and Associates, Inc., representing Collier County, petitioned the Board of County Commissioners to change the zoning classification of the herein described 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 real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi - Family District 6 [RMF -6(3)] and Residential Multi- Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a 123.6 + /- acre public park with an ST Overlay to be known as The Gordon River Greenway Park / RZ- PL2009 -25 Revised 4/26/11 1 of 2 Gordon River Greenway Park, subject to the conditions shown in Exhibit B. 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 , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorneys Y12711, Attachments: Exhibit A: Legal Description Exhibit B: Conditions of Approval CP \09- CPS - 00974 \32 Gordon River Greenway Park / RZ- PL2009 -25 Revised 4/26/11 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In FRED W. COYLE, Chairman n n 110\ P r LEGAL DESCRIPTION (O.R.B. 4013, PGS. 0757 -0760) THE SOUTHEAST (SE1 /4) QUARTER OF NORTHEAST (NE1 /4) QUARTER AND THAT PART OF THE NORTHEAST (NE1 /4) QUARTER OF THE SOUTHEAST (SE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT. OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT -OF -WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF THE GORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1 %4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT 'OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH -291645" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE1 /4) bUARTER OF THE NORTHEAST (NE1 /4) QUARTER OF SECTION-34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTEb ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FELL SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLLIER. COUNTY, FLORIDA); THENCE RUN NORTH 0'17'24" EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; 'CONTAINING 0.732 ACMES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS tO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT A DESCRIPTION All of Lot 97 of Naples Improvement Company's Little Farms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County Florida, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida: And less the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County, Florida: being and lying within Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat' Book 2, Page 2, in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 comer of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence along the South line, North /N 89'26'09" East 753.94 feet to a point: Thence South 0921'55" East 334.85 feet to a concrete monument on the south line of said Lot 3 and the Point of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 0921'55" West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 89'38'05" East 729.90 feet to a concrete monument: Thence continue North 89'38'05" East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms and the Point of Ending of said described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida; Commencing at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence North 89 °46'00" East 74.16 feet to a point on the East right —of —way of Goodlette —Frank Road; Thence along said right —of —way North 04 °39'15" West 148.44 feet to the North line of said Lot 3; Thence leaving said right —of —way and along the North line of said Lot 3 North 89 °40'10" East 761.95 feet to the POINT OF BEGINNING; Thence continue along said line North 89 °40'10" East 191.50 feet; Thence South 28 °23'14" West 108.55 feet; Thence South 89 °47'09" West 137.16 feet; Thence North 01 °38'39" West 94.94 feet to the POINT OF BEGINNING. And Less That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right —of —way taking for Goodlette —Frank Road. (Detail "S') CONDITION FOR APPROVAL FOR RZ- PL2009 -25 1. The land use is limited to parks, recreational services and parking facilities. EXHIBIT B AGENDA ITEM 9 -13 Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JUNE 2, 2011 SUBJECT: SRAA- PL2011 -0657, THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) [COMPANION TO PETITION NUMBER DOA - PL2011 -06531 PROPERTY OWNER &APPLICANT /AGENTS: Owner /Applicant Agents: David Genson, P.E. George Varnadoe, Esq. Alan D. Reynolds, AICP Ave Maria Development, LLLP Cheffy Passidomo WilsonMiller Stantec 2600 Golden Gate Pkwy. 821 Fifth Ave S., Suite 201 3200 Bailey Lane, Suite 200 Naples, FL 34105 Naples, FL 34102 Naples, FL 34105 REQUESTED ACTION: The petitioner is requesting an amendment to the Town of Ave Maria SRA to revise the Master Plan to divide the Town Center 2 tract into Town Center 2a and 2b, and to relocate the roadway connections on Oil Well Road. GEOGRAPHIC LOCATION: The subject property, consisting of 5,027 acres, is located on the north side of Oil Well Road, the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR -846). The property lies within Sections 4 -9 & 16 -18, Township 48 South, Range 29 East and Sections 31 -33 Township 47 South, Range 29 East. (See the location map on following page) PURPOSE/DESCRIPTION OF PROJECT: This petition is amending the SRA resolution (Resolutions No. 2004 -89 and 2005 -234A) pursuant to Section 4.08.07 of the Collier County Land Development Code. That amendment requests approval of a Master Plan amendment to divide Town Center 2 into Town Center 2a and 2b, moving Town Center 2b, approximately 50 acres in size, from Camp Keais Road to a site along Oil Well Road as depicted on the attached SRA Master Plan. In addition, the petitioner is relocating access points along Oil Well Road. The westernmost access point is being moved to �-. accommodate the Town Center 2b relocation. Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 1 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 1 CITY Of L� 0 C.R. 646 PROJECT I LOCATION i C.R. 656 11 N 07 0' U 1 -75 S.R. 64 vim' I GS Ai COUNTY COUNTY rn N K In ti QO OQ nO q CITY EVERGLADES D O�b °aa ° v D COLLIER COUNTY MONROE COUNTY A- MNO- ALBAO- CLN AND CDC- A MHO 88AA5 RLBAO 15 X SE A-MHO- RLBAO- BCI /BCP -88A -1 A -MHO. RLBAO I� M 3 O A- 0- RL8AO A-MHO- RLBAO A-MNO- I AR-LMBA�O• RLBAO LOCATION MAP PETITION # SRAA -PL -2011 - A -MHO- RLBAO 37 Sa A.MHO- RLBAO A-MHO- ' RLDAO A-MHO- ' RLSAO A4W y A -MHO- RL8AO RLBAO SITE LOCATION ZONING MAP A.-- RL8A0 WRA D D 0 D 0 CAMP KEAIS ROAD 11MNRMfRL t r Land Use Summary 300' FSA Buffer I University District 956 Acres 0 Town Core 24 Acres Town Centers 265 Acres �] Neighborhood General 3495 Acres Services District 39 Acres Community Parks 74 Acres Other 174 Acres Total 5027 Acres �i.0 appGs00 WEB C A M P K E A I S R 0 A D .A .Af W- i� � A!x Land Use Summary .............. 300' FSA Buffer University District 956 Acres Town Core 24 Acres i Town Centers 265 Acres Neighborhood General 3495 Acres Services District 39 Acres Community Parks 74 Acres Other 174 Acres 110 - `® orna Q wt ODLF avow COMIM W xM GW wim COM.RM IM 0090"M RVX goo... 5027 Acres PROPOSED TOWN CENTER 2 CHANGES Camp Keais Road - __ _ TO" f HTER 2} i4rrN EhicP 2 ■ AF UNIM NFJGNIQR MMC&NERIK' N:ICeHBt7kfi UGEw as Excerpt from original SRA Master Plan showing Town Center 2 Area of change E� _ Area of change • r�r, €Fu �r ■ ■••f a�Wvm1 F�B� Excerpt from original SRA Master Plan showing original designation of area along Oil Well Road Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 2 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 Excerpt from proposed SRA Master Plan Area of change showing the re- designation of Town Center 2a Excerpt from proposed SRA Master Plan showing the relocation area for Town Center 2b of change Fown Center 2 Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 3 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 PROPOSED ACCESS POINT DIFFERENCES -- - Approved access point O 1`. �a I Approved access point Approved access point to remain Proposed access point relocation Excerpt from original SRA Master Plan Excerpt from proposed SRA Master Plan A petition, SRAA- PL2010 -1988, seeking the same changes was submitted and heard by the CCPC, but the petitioner withdrew that petition prior to action by the Board of County Commissioners. This petition is a companion petition to a Development of Regional Impact (DRI) Development Order (DO) amendment to make the same changes to the DRI DO. The DRI petition is identified as DOA- PL2011 -0653. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated on the Future Land Use Map and Map Series as Agriculture/Rural, Agriculture/Rural Mixed Use District and is within the Rural Lands Stewardship Area Overlay (RLSA). The Town of Ave Maria is an approved and partially developed Stewardship Receiving Area (SRA) and Development of Regional Impact (DRI), both of which were deemed consistent with the Future Land Use Element at time of approval in 2005. This petition seeks to amend the SRA Master Plan (through a public hearing process) to divide the Town Center 2 Tract into two parts, Town Center 2a and 2b, and relocate Town Center 2b from along Camp Keais Road to along Oil Well Road (CR 858). The SRA document and Master Plan is incorporated by reference into the DRI Development Order. A companion petition (DOA- PL2010 -1751) is seeking the same amendment. or Based upon the above analysis, staff finds that the proposed amendment to the Town of Ave Maria SRA may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 4 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 STAFF REVIEW: Zoning Review: The proposed amendment changes comply with the requirements of the SRA n procedures set forth in LDC Section 4.08.07. In compliance with LDC Section 4.08.07.E, the proposed changes are not in conflict with any SRA suitability criteria, RLSA District regulations. The proposed changes continue to direct incompatible land uses away from FSAs, HSAs, WRAs, and Conservation Lands. The petitioner has already demonstrated that he has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses. The proposed changes should not have negative including environmental and public infrastructure impacts. The proposed amendment does not change the overall approved uses, increase the overall approved density or overall use intensity, nor changes the perimeter boundaries of the SRA (or DRI), but it does change the location of permitted uses. The relocated Town Center 2b will intensify the uses in that area since that area is currently designated Neighborhood General. Neighborhood General is a mixed use area that can have a mix of residential housing types and parks, plazas and appropriately scaled retail and office uses whereas the Town Center area allows for more intense commercial uses. Transportation Review: Transportation Planning staff has reviewed the Ave Maria SRA Amendment and has determined that the proposed amendments do not present an additional impact on the adjacent roadway network. Transportation Planning Staff provided the following comments: Transportation Planning staff has no objection to the relocation of 50f acres of approved commercial area within the site. The traffic analysis looks at a 2012 buildout of this square footage, and includes a 5 -year analysis. There is no change to net external approved trip generation. As such, the roadway network has sufficient capacity to accommodate this project within the 5- year planning period, and staff recommends that this project be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Any changes to distribution that are related to the re- allocation of commercial square footage within this development will be analyzed as the development is built -out through the SDPA process(es). As such, staff did not require additional information to be submitted for this SRA amendment. In the opinion of Staff, that letter addresses this project's existing traffic impacts and recognizes that there are minimal changes to the distribution characteristics of the overall project; though nothing is indicated that would impact the project's consistency with GMP Transportation Element Policy 5.1. Mitigation requirements have been previously addressed and satisfied in prior approvals. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition revised on April 28, 2011 and provided the following information regarding review of this petition. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. Criteria for SRA Amendment 1. Consider: Compatibility with adjacent land uses. Town of Ave Maria SRA, SRAA -PL -2011 -0657 Page 5 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 W Y 2. Consider: An SRA must contain sufficient suitable land to accommodate the planned development. ^ 3. Consider: Residential, commercial, manufacturing /light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a natural Resource Index value of greater than 1.2. 4. Consider: Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. 5. Consider: Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. 6. Consider: Open space shall also comprise a minimum of thirty -five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes only that area of development within the SRA that requires the consumption of Stewardship Credits. 7. Consider: As an incentive to encourage open space, open space on lands within an SRA located outside of the ACSC that exceeds the required thirty -five percent retained open space shall not be required to consume Stewardship Credits. 8. Consider: An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in LDC Section 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA. 9. Consider: The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. 10. Consider: Conformity of the proposed SRA with the goals, objectives, and policies of the GMP. 11. Consider: Suitability criteria described in Items 2 through 9 above [LDC Section 4.08.07 A.1.] and other standards of LDC Section 4.08.07. 12. Consider: SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands. 13. Consider: Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement SRA uses. 14. Consider: Impacts, including environmental and public infrastructure impacts. STAFF RECOMMENDATION• Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SRAA- r—, PL2011 -0657 to the Board of County Commissioners (BCC) with a recommendation of approval as described by the accompanying resolution. Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 6 of 7 June 2, 2011 CCPC Last Revised: 5/6/11 PREPARED BY: -6�4- k 4/a:7-//1 KAY IYESELEM, AICP, PRINCIPAL PLANNER 15ATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMQj4D V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES j6 LLIA=D. LO NZ, J ., P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: (2 lf:�� NICK 6ASALWN(kd)A-,DEPfJTY ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the July 26, 2011 Board of County Commissioners Meeting Town of Ave Maria SRA, SRAA -PL- 2011 -0657 June 2, 2011 CCPC Last Revised: 4/27/11 11 1 Page-e—op6l 4 ""'SOLUTION NO. 11 - WR ERIKAS,., the Board of County Commissioners approved the Town ,of Avg Maria Stewardship R&. e1vWg A' (RA} by Resolution No. 20044.9 or! lti brch. 23, 2004 . and Resolution N- 1005-234A on June 14,27005; and WHEREAS, as part of the approval of the ,SRA, the Board approved. the A)tq Maria Tbmm Ilan and MWer PEW 11 and, WINREAS, Ave Maria Development LLL.P has applied for an amendment to the Ave Marla')Tvfaster Plan in a-ccordanc.e. with Section, 4.08,07YA. of the LDC and Appendix D. of the Ave Maria Town Plan, arid. County reviewed WOMAS., the Collier C y Planning Commission, has rev wedand considered the prGposedz-raendment and held a public hearing, on J4,Rc -2, 2,011. NOW,. T . HEAEFORE BE IT REsoLvr,,D BY THE BOARD OF COUNTY COMMMIMERS OF COLLIER COUNTY, FLORIDA 014t. 1. The Master Plan. is hereby amended an.6 replaced with the Master Plan . attached l hereto as. Exhi-bit "'N'to this. Resolution. 2. Except as set forth. herein, the Ave Maria Town Plan shall remain in full, %rce: and effect, BE IT FURTHER RESOLVED that this kesolution, be recorded in. the minutes of this: Ave :MiOa T(jwA Cc%terl SR*A-A-M 01. 1-0657 Revised ,,10511'1 1. of 2 This Resolution adopted this day of after motion, seddocL and. favorable vote, ATTEST: BOARD OF COUNTY COMMISSIONERS. DWIGHT E'. BROOK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clqrk FRED W. COYLE, Chairman. Approved as to fbiM and legal., sumac Heidi . Ashton-Qicko -A e4*NS V Assistant County Attorney Attachment: Exhibit A - SRA Master Plan. 0 11-CPS-b!09619- CAMP KEAIS ROAD f �� r f*�en � + EI r pENroocENEEU II 1 M1 OLENFML NDL1lDP110DD(iNE1ELL . ,.Jr •:� �� Land Use Summary ....... xEq�emaooceAME it University District 956 Acres Town Core 24 Acres 0 Town Centers 265 Acres 0 Neighborhood General � .rs - Services District I 1 y14 � t Community Parks 74 Acres 2 174 Acres Total Land Use Summary ------------------ 300' FSA Buffer University District 956 Acres Town Core 24 Acres 0 Town Centers 265 Acres 0 Neighborhood General 3495 Acres - Services District 39 Acres Community Parks 74 Acres Other 174 Acres Total 5027 Acres ] ..: V "WUO�awwodiErrtru "�`iy _ – — — t r 1 raxu I °� iex course w..� –�I � I� unman. � s m1lFlil C Iia t I<.. NFKHEdH0p0 ` ��1•J C j{ �� 'Y �� E ��; .k7: I I( 11„„ COME: rat i' �''1 IOWNCENEFAI `�� E NEWT /011f00tlGPNFML' ,..f..\ r y WRA sFEnrrACr con E AMR � J V IS uIEhRLTf ❑Si11Cf i ' NOGHEOp1000 PIA \� • �' _ : l.l.l ,,, � � - GENEMI � NEIGNBOEHOODCUJEMI � � I Uj am I ?�li e jt Mfz _, i ;' 'couuE 1 i O �� i Ti WRA` _. Ilk WRA r �. — 0 OUEtE I W o ^ _. wC�JEDrL10DOLENVU , cwASE ; 0 0 r ' I W RA - 1 igure HSA ., © F r r HSA FSA. J "! 0 875' 7750 3500' HSA 1.. \ -_ .. �- �::. NORTH SCALE _. W� HSA SRA Master Plan u f (Revised November 29, 2010) t _rY"w,Es.cS.•%+ Town Plan The Town of Ave Maria Page 6 R STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE GRIST Govemor September 21, 2010 Mr. Raymond Bellows, AICP Planning Manager Zoning Services Section Department of Land Development Services Growth Management Division — Planning & Regulation 2800 N. Horseshoe Drive Naples, Florida. 34104 RE: Town of Ave Maria Development of Regional Impact Dear Mr.. Bellows: THOMAS G. PELHAM Secretary RECEIVED SEP 29 2010 ZONING DEPARTMENT On August 20, 2010, the Department issued a letter responding to your questions regarding the internal movement of commercial land uses in the Town of Ave Maria Development of Regional Impact (DRI) and whether the Department concurred with the Southwest Florida Regional Planning Council (Daniel Trescott) that such movement does not require a Notice of Proposed Change (NOPC) pursuant to sub- paragraph 380.06(19)(e)2.1, Florida Statutes (F.S.). Sub - paragraph 380.06(19)(e)2.1, F.S., states, in part, that the following changes, individually or cumulatively with any previous changes, are not substantial deviations: I. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub paragraphs a.-j. and which does not create the likelihood of any additional regional impact. The Department's August 20th letter stated that there was a lack of information for the Department to concur that an NOPC would not be required. The Department has received additional information regarding the location and extent of the internal movement of land uses and reevaluated whether such a change would meet the requirements of sub - paragraph 380.06(19)(e)2.1, F.S. The internal movement, or change, is to revise the Town of Ave Maria SRA Master Plan to relocate 50 acres of Town Center as follows: (l) divide Town Center 2 into Town Center 2a and 2b; and (2) Town Center 2b will be moved away from its current location along Camp Keais Road to an area with frontage along Oil Well Road as shown on the attached revised SRA Master Plan. The change does not change entitlements of the project. The change relocates an access point along Oil Well Road but does not increase the number of access points along Oil Well Road. The Department agrees that the 26.65 SHUMARD OAK BOULEVARD t TALLAHASSEE, FL 32399 -2100 850 -488 -8466 (p) • 850- 921 -0781 (f) ♦ website: www.dca.state.fl.us COMMUNITY PLANNING 850-488-2356(p) &50-4138-3309(f) ♦ FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850-921-1747(f) a a HOUSING AND COMMUNITY DEVELOPMENT 850488-7958(p) 850-922-5623(f) a Exhibit B 1 of 3 Mr. Ray Bellows, AICP September 21, 2010 Page 2 proposed change is similar in impact to the changes enumerated in sub - paragraphs 380.06(19)(e)2.a j, F.S., and does not create the likelihood of any additional regional impact. Thus, pursuant to sub - paragraph 380.06(19)(e)2.1, F.S., the proposed change does not require the filing of a notice of proposed change. However, an application to Collier County to amend the DRI development order (.Exhibit C: SRA ,Master Plan) in accordance with the County's procedures for amendment of a development order is required; and if approved, the County must render the amended development order to the Department. If you have any questions regarding this matter, please contact Brenda Winningham, Regional. Planning Administrator, at (850) 922 -1800 or Scott Rogers, Principal Planner, at (850) 922 -1758. Sincer y yours, Mike McDaniel Chief, Office of Comprehensive Planning rs "M Attachments: Town of Ave Marie SRA Master Plan (revised March 2010) cc: Nick Casalanguida, Collier County Daniel Treseott, S WFR.PC George Varnadoe, Cheffy Passidomo, P.A. Exhibit B 2 of 3 CAMP KFA15 ROAD I: `� _ c v F+:. ELN LCU�@IPNr hNNR11XiYAGEMF1t1: 'yy..:. O 1>W rLtlKNANOfh:-'rSr E`E h'. !-and Use Summary 300' FSA Buffer University District 956 Acres Y Town Core 24 Acres Town Centers 265 Acres Neighborhood General 3495 Acres Services District 39 Acres EIRM Community Parks 74 Acres Other 174 Acres Total 5027 Acres WRA hEGpNY qCt Nt J ' .. - 1OigoFM _ Q Z ... i ✓yw rrl naru mugs€ �,.. '42, G' _ O W r r t 4 Wk.Y3f d3ri{t G � v .•urersinssnx H n'�' J:4t � '-j— "'� =1- c:1.an,Y� yam. r ,� I� � w O wRA y u WRA �"m.,y�+aNlalmDeRYxu.� I r,asF �.. W RA r ` wRA H51 r t, }� HSq : Figure #r r 0 F f 5., y �.�k a. cif i a�'`SVk p ? )i.a r'h {.� t ax #�*t"''. •!�t--,.,- N4PTM SCALE r I SRA Master Plan F '°.S',, x.. % < !Revised March 20165 Town Plan The Town of Ave Maria Page 6 13 M 4- O M m X W AGENDA ITEM 9 -C CO Cr C01411t y STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: JUNE 2, 2011 SUBJECT: DOA- PL2011 -0653, THE TOWN OF AVE MARIA DRI (COMPANION ITEM: SRAA- PL2011 -0657) PROPERTY OWNER &APPLICANT /AGENTS: Owner /Applicant Agents: David Genson, P.E. George Varnadoe, Esq. Alan D. Reynolds, AICP Ave Maria Development, LLLP Cheffy Passidomo WilsonMiller Stantec 2600 Golden Gate Pkwy. 821 Fifth Ave S., Suite 201 3200 Bailey Lane, Suite 200 Naples, FL 34105 Naples, FL 34102 Naples, FL 34105 REQUESTED ACTION: The petitioner is requesting an amendment to the Town of Ave Maria Development of Regional Impact (DRI) Development Order (DO) to revise Exhibit C so the DRI DO to divide Town Center 2 and relocate one access point. GEOGRAPHIC LOCATION: The DRI subject property, consisting of 5,027 acres, is located on the north side of Oil Well Road, the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR- 846). The property lies within Sections 4 -9 & 16 -18, Township 48 South, Range 29 East and Sections 31 -33 Township 47 South, Range 29 East. (See the location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to amend Exhibit C to DRI Development Order #05 -01, the Master Plan to divide Town Center 2 into Town Center 2a and 2b, moving Town Center 2b, approximately 50 acres in size, from Camp Keais Road to a site along Oil Well Road as depicted on the attached SRA Master Plan. In addition, the petitioner is relocating one access point along Oil Well Road. The westernmost access point is being moved to accommodate the Town Center 2b relocation. A petition, DOA- PL2010 -1751, seeking the same changes was submitted and heard by the CCPC, but the petitioner withdrew that petition prior to action by the Board of County Commissioners. Town of Ave Maria DRI, DOA- PL2011 -0653 Page 1 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 LOCATION MAP ZONING MAP PETITION # DOA -PL- 2011 -653 FM Land Use Summary °- ---- °- .-° 300' FSA Buffer University District 956 Acres Town Core 24 Acres �= Town Centers 265 Acres Neighborhood General 3495 Acres [— Services District 39 Acres Community Parks 74 Acres Other 174 Acres Total 5027 Acres ' APPR VED WRA C A M P K E A I S R O A D �'J r Land Use Summary 300' FSA Buffer University District 956 Acres "j Town Core 24 Acres j Town Centers 265 Acres Neighborhood General 3495 Acres ® Services District 39 Acres Community Parks 74 Acres Other 174 Acres SRATotal 5027 Acres The petitioner is seeking this DRI (DRI) Development Order (DO) Amendment (DOA) in response to correspondence from the State of Florida Department of Community Affairs (DCA) who has opined that since the SRA Master Plan is included as Exhibit C in the original DRI DO, the DRI DO must be amended to match the SRA Master Plan (See attached letter from DCA). In the DCA letter, the state has determined that the DRI DO can be amended without submitting an official Notice of Proposed Change (NOPC). Camp Keais Road rCjNCit R2 �r�rrrticen n • NE AN ' ■ � � 1 } NOG4 CRJ4-�) GENERIU t4� r� I Excerpt from original SRA Master Plan Ara of change LOUSE GC4F COURSE 1 � i ♦ s' = s — 0 %NEUL Excerpt from original SRA Master Plan Arealof change Town of Ave Maria DRI, DOA- PL2011 -0653 Page 2 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 ■ - TO*N CENTEI N5GH5O8tt0OOMEW Excerpt from Revised SRA Master Plan Area of change Area of change Excerpt from Revised SRA Master Plan Town of Ave Maria DR1, DOA- PL2011 -0653 Page 3 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 W-.� WN r j PROPOSED ACCESS POINT f r� MME N -- Appr ved access point Excerpt from original SRA Master Plan Excerpt from proposed SRA Master Plan The first point of analysis in any DOA is to determine whether it is a substantial deviation. Florida Statute 380.06(19)(e) provides in subsection (2) that certain development order changes are not substantial deviations, as follows: The following changes, individually or cumulatively with any previous changes, are not substantial deviations: k. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub - subparagraphs a. j. and which does not create the likelihood of any additional regional impact. The Statute further provides that such a change is processed by an application for DO amendment through the local government without the necessity of filing for an NOPC with the Regional Planning Council (RPC). The statutory language is as follows: This subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the development order in accordance with the local government's procedures for amendment of a development order. In accordance with the local government's procedures, Town of Ave Maria DRI, DOA- PL2011 -0653 Page 4 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 Approved access point _ tn p Q [x may° ,SUg J u,I MME N -- Appr ved access point Excerpt from original SRA Master Plan Excerpt from proposed SRA Master Plan The first point of analysis in any DOA is to determine whether it is a substantial deviation. Florida Statute 380.06(19)(e) provides in subsection (2) that certain development order changes are not substantial deviations, as follows: The following changes, individually or cumulatively with any previous changes, are not substantial deviations: k. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub - subparagraphs a. j. and which does not create the likelihood of any additional regional impact. The Statute further provides that such a change is processed by an application for DO amendment through the local government without the necessity of filing for an NOPC with the Regional Planning Council (RPC). The statutory language is as follows: This subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the development order in accordance with the local government's procedures for amendment of a development order. In accordance with the local government's procedures, Town of Ave Maria DRI, DOA- PL2011 -0653 Page 4 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 including requirements for notice to the applicant and the public, the local government shall either deny the application for amendment or adopt an amendment to the development order which approves the application with or without conditions. This method of a DOA is different from the norm, where the applicant files a Notice of Proposed Change (NOPC) with the County and Regional Planning Council. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): Copies of the submittal documents were provided to the RPC for review. RPC staff has determined that no formal review by the RPC is required and a hearing before the RPC is not required (See attached August 5, 2010 letter from Daniel L. Trescott, RPC. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA provided a letter dated September 21, 2010, that indicated a DRI DO amendment would be required to make the changes proposed by the applicant. However, DCA determined that the DRI DO amendment would not require the filing of a formal Notice of Proposed Change (NOPC). Copies of the application submittal documents were provided to DCA for review. No comments have been received from that agency regarding the DRI DO amendment application itself. STAFF REVIEW: Zoning Review: Development parameters contained in DRI Development Orders are prerequisite to zoning actions that implement DRI approved land use authorizations. DRI Development Orders are structured to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA) are included in the DRI DO. The proposed amendment does not change the overall approved uses, increase the overall approved density or overall use intensity, nor changes the perimeter boundaries of the SRA (or DRI), but it does change the location of permitted uses. The relocated Town Center 2b will intensify the uses in that area since that area is currently designated Neighborhood General. Neighborhood General is a mixed use area that can have a mix of residential housing types and parks, plazas and appropriately scaled retail and office uses whereas the Town Center area allows for more intense commercial uses. Transportation Review: Transportation Planning staff has reviewed the Ave Maria Development Order Amendment and has determined that the proposed amendments do not present an additional impact on the adjacent roadway network. As such, the roadway network has sufficient capacity to accommodate this project within the 5 -year planning period, and staff recommends that this project be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). A letter from the applicants traffic engineer has been submitted in lieu of a Traffic Impact Statement (TIS) included as back -up material. In the opinion of Staff, this letter addresses this project's existing traffic impacts and recognizes that there are minimal changes to the distribution characteristics of the DRI; though nothing is indicated that would impact the project's consistency with GMP Transportation Element Policy 5.1. Town of Ave Maria DRI, DOA- PL2011 -0653 Page 5 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 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. Mitigation requirements have been previously addressed and satisfied in prior approvals. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition revised on April 28, 2011 and provided the following information regarding review of this petition. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. Criteria for DRI Amendment 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. ^ STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition DOA -PL- 2011 -0653 to the Board of County Commissioners (BCC) with a recommendation of approval as described by the amending DRI Development Order resolution. Town of Ave Maria DRI, DOA-PI 2011 -0653 Page 6 of 7 June 2, 2011 CCPC Last Revised: 5/4/11 PREPARED BY: )"�� &2&,/-&w-/ . /�a 2-//t KA SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: K, q128111 RAYMORD V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES Vd 0 LLIAM D. LO NZ, A.—, P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: rj� 5, -3 NIC C SAL D TY ADMINISTRATOR DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the July 27, 2011 Board of County Commissioners Meeting 10'1 Town of Ave Maria DRI, DOA- PL2011 -0653 Page 7 of 7 June 2, 2011 CCPC Last Revised: 4/27/11 DEVELOPMENT ORDER NO. 11- RESOLUTION NO. 1-1. - A RESOLUTION AA1[ENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05-01), AS AMENDED, FOR THE TOWNTOF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT { 'DRI") LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA; BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: SRA MASTER PLAN TO DIVIDE TOWN CENTER 2 INTO TOWN CENTER 2a AND TOWN CENTER 2b, TO RELOCATE TOWN :CENTER 2b TO OIL WELL ROAD AND TO RELOCATE AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSI%HTTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. (PETITION DOA-PL-2011-1653) WHEREAS, the Board of County Commissioners of Collier Coluity, Florida approved Resolution No. 05-235 (Development Order No.05-01). which approved a Development of Regional Impact (DRI) known as the town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 05-235 (Development Order No. 05-.01), as amended., to correct a scrivener's error by Resolution'No. 05-377 adopted on November 1, 1005; and WHEREAS, the Board of County Commissioners approved Resolution No. 08-453 (Development Order 346.08-v0 I.):. which revised the Development Order relative to the Affordable Housing Section on May 27,2008; and AvQ MariaDOA-PL2011-1.653 Rev. 5,10.5111 1 of 4 Words stiw4i-gwoegh are deleted; -words underlined, are added.: ..... ...... NV'HEREAS, George L. Varnadoe, Esquire and John Passidomo, Esquire of Cheffy PassidomP, representing Ave Maria Development,: LLLP-, has -petitioned the Board: of County Commissioners to amend the Town of Ave 11 Iviaria Development Order; and tVTIEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment . and held public hearing oaJune 2, 2011; and WHEREAS, the Board of County Commissioners of Coll I icr County has revieAred and considered the proposed amendment and the report. of the Collier County Planning Commission and held a public hearing on tune 26, 2011. 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION OTNE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN, Exhibit C to Development Order 05-01 (Resolution 05-235), the Master Concept Plan.,. is hereby amended and attached to this Resolution as Exhibit A. SECTION TWO FINDINGS OF FACT The proposed changes to the previously approved DRI, do not meet or exceed any of the criteria in the DRI Development Order or in Subsection 5 80.06(.1 9)(b), Florida Statutes. p z The proposed changes to the. previously approved DRI% are in accordance with Subsectioa 380.06(19)(e)2.k, Florida Statutes, Nvhich states in part, that "The following changes, individually or cumulatively with. any previous changes; are not substantial deviations: k. Any other changp which the state land pla=ngg Agency, in consultation .Nith the regional plarining council, agrees in writing is similar in nature, impact- or character to the changes enumerated in sub-paragraphs a; J. and which does. not creale the likelihood of any additional re 9 'onal impact". .1 The state land. Dlanningagency has agreed in writing: that the change is similar in impact to the Ave MarJa,7D0A-P1—?01 1-1653 Rev. 5/05/1.1 2 of 4 Words are deleted; words underlined are added. �. changes enumerated in sub - paragraphs 3:80:060 9)(e)2.a ,j, Florida Stalufes, and does not create. the likelihood of any additional regional impact. Attached as Exhibit B is the Septembor 21, 2010 letter from the Mate of Florida Department of Conununity Affairs. 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedure. in accordance v&-i.th Subsection 380,06(19)(p)(2), Florida Statutes. 4. A comprehensive reviev, of the impact generated by the proposed changes to the previously .approved development has been. conducted by the County's departments, and has, established that the changes result in no additional overall project impacts. 5. The development is hot in an area designated an Area of Critical State Concern pursuant to the provisions of Section 350.06,..Flor-idir Statutes, as amended. 6; Na increase In development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW l:, The proposed changes to the previously approved Development Order do not eonsthute a substantial deviation pursuant to Section 38.06(19), Florida Statutes, and. do. not requu-e a .notice ofproposed change pursuant to Subsecti6n380.06(19)(e)(�), r�lorida Statii.r`es. .2. The .proposed changes to the previously approved development will not. unreasonably interfere with the achievement . of the objectives of the adopted State Land Development Plan applicable to the area. �. The proposed changes to the previously approved development are consistent with -thee Collier County Growth l Ianagement plan and the Collier County Land. Development Code adopte,,d pursuant thereto, Ave Maria/DOA- FL2 011 -1553 Rev. V05111 3 of 4 Words sukthfougare deleted; words underlined are added. . 4. The proposed changes to the. previously approved development are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLV ISSUED DEVELOPMENT ORDERS, TRANSA,19TTAL TO DCA AND EFFECTIVE: HATE I. Except as amended .herby, Development Order No. 05 -01, as atnended, shall remain in dull force and effeet; binding in accordance - Aritli its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) .shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 3. This Resolution, shall take effect as provided by law.. BE IT FURTHER.RESOLVED that. this. Resolution be recorded in the minutes of this Board. This Resolution adopted this.: day of , 2011, after motion, second, and .favorable vote. � ATTEST: 130ARD OF COUNTY COMMISSIONERS .DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk ;Approved as to form and legal sufficiency: A0. r Heidi Ashton- C.icko .Assistant County Atiomey Attachment: Exhibit A- SRA Master Plan Exhibit B - DCA letter Ave MarWDOA- PL2 011 -1653 Rev. 5.105111 4 of 4 FRED W. COYLE, Chairanan Words .:f:.., t ,x_,"`'. are deleted; w: ords underlined.are added. n CAMP KEAIS ROAD ... - -- -- _ -- - - -- - — 11 j1 �: "'r"4i^. b ?' k✓aoMOUnon i. +1 7{ xEtitiOUfoouce4At .. I ' I 70 y k f WRA - I gw eow000ce uu Ckt ' I / miucr I ' CORE � r � .,.. Tw+NCVnuf ,\ !r 4 i+ErGx�auwoocFNUU':. t„i� i can WRA —a carwwn �^ AK �. wl m wsmKr NEwxBOi IOOO y NEwxeowHOOOarrui i t Z. W ry r-. Loll 7 iOWNCFNENIY �1_tl L-.I� Y3 cautsc O WRA b, �.. Y 1117 OI xEi rieou�oaoru�Ew. .� �J WRA \ s O a f� _ NeaaoNmoctrou ,� i camsE�amJE I � I wRti \ i I li .rrez�m 4SIYJR _ _ I r WRAy'� HSA Figure H$A ti. . " I.* FSA y 0 875' 1750' 3500' N© SCALE _.. HSA r. Hsi SRA Master Plan � FSA -- - - 1 (Revised November 29, 2010) Town Plan The Town of Ave Maria Page 6 Land Use Summary -- 300' FSA Buffer University District 956 Acres Town Core 24 Acres 0 Town Centers 265 Acres 0 Neighborhood General 3495 Acres Services District 39 Acres ® Community Parks 74 Acres Other 174 Acres — Total 5627 Acres miucr I ' CORE � r � .,.. Tw+NCVnuf ,\ !r 4 i+ErGx�auwoocFNUU':. t„i� i can WRA —a carwwn �^ AK �. wl m wsmKr NEwxBOi IOOO y NEwxeowHOOOarrui i t Z. W ry r-. Loll 7 iOWNCFNENIY �1_tl L-.I� Y3 cautsc O WRA b, �.. Y 1117 OI xEi rieou�oaoru�Ew. .� �J WRA \ s O a f� _ NeaaoNmoctrou ,� i camsE�amJE I � I wRti \ i I li .rrez�m 4SIYJR _ _ I r WRAy'� HSA Figure H$A ti. . " I.* FSA y 0 875' 1750' 3500' N© SCALE _.. HSA r. Hsi SRA Master Plan � FSA -- - - 1 (Revised November 29, 2010) Town Plan The Town of Ave Maria Page 6 DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor September 21, 2010 Mr. Raymond Bellows, AICP Planning Manager Zoning Services Section Department of Land Development Services Growth Management Division — Planning & Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Town of Ave Maria Development of Regional Impact Dear Mr.. Bellows: THOMAS G. PELHAM Secretary RECEIVED SEP 2 9 2010 ZONING D PART'1114ENT On August 20, 2010, the Department issued a Ietter responding to your questions regarding the internal movement of commercial land uses in the Town of Ave Maria Development of Regional Impact (DRI) and whether the Department concurred with the Southwest Florida Regional Planning Council (Daniel Trescott) that such movement does not require a Notice of Proposed Change (NOPC) pursuant to sub - paragraph 380.06(l.9)(e)2.1, Florida Statutes {F.S.). Sub- paragraph 380.06(19)(e)2.1, F.S., states, in part, that the following changes, individually or cumulatively with any previous changes, are not substantial deviations: 1. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact or character to the changes enumerated in sub paragraphs a. j. and which does not create the likelihood of any additional regional impact. The Department's August 20th letter stated that there was a lack of information for the Department to concur that an NOPC would not be .required. The Department has received additional information regarding the location and extent of the internal movement of land uses and reevaluated whether such a change would meet the requirements of sub - paragraph 380.06(19)(e)2.1, F.S. The internal movement, or change, is to revise the Town of Ave Maria SRA Master Plan to relocate 50 acres of Town Center as follows: (1) divide Town Center 2 into Town Center 2a and 2b; and (2) Town. Center 2b will be moved away from its current location along Camp Keais Road to an area with frontage along Oil Well Road as shown on the attached. revised SRA Master Plan. The change does not change entitlements of the project. The change relocates an access point along Oil Well Road but does .not increase the number of access points along Oil Well Road. The .Department agrees that the 25.65 SHUAMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 850 -488 -8466 (p) • 850 -921 -0781 (f) t Website: www.dca.state.fl.us COMMUNITY PLANNING 850-488-M56(p) 850486,1309(p ♦ FLORIDA COMMUNITIES TRUST 850-922-2207(p) &50-921-1747(f) + HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956(p) 850-922-5623(f) a Exhibit B 1 of 3 l �-� Mr. Ray Bellows, AICP September 21, 2010 Page 2 proposed change is similar in impact to the changes enumerated in sub - paragraphs 380.06(19)(e)2.a j, F.S., and does not create the likelihood of any additional regional impact. Thus, pursuant to sub - paragraph 380.06(19)(e)2.1, F.S., the proposed change does not require the filing of a notice of proposed change. However, an application to Collier County to amend the DRI development order (Exhibit C: SRA Master Plan) in accordance with the County's procedures for amendment of a development order is required; and if approved, the County must Tender the amended development order to the Department. If you have any questions regarding this matter, please contact Brenda Winningham°, Regional Planning Administrator, at (850) 922 -1800 or Scott Rogers, Principal Planner, at (850) 922 -1758. Si.nbery urs, c_ Mike McDaniel Chief, office of Comprehensive Planning I-­" MM/sr Attachments: Town of Ave Marie SRA Master Plan (revised March 2010) cc: Nick Casalanguida, Collier County Daniel Trescott, S WFRPC George Varnadoe, Cheffy Passidomo, P.A. Exhibit B 2 of 3 M 4- O M m t X W