CP-2010-1 VBR Neighborhood Commercial Subdistrict
PETITION
CP-2010-1
V ANDERBIL T BEACH ROAD
NEIGHBORHOOD
COMMERCIAL
SUBDISTRICT
GROWTH MANAGEMENT
PLAN AMENDMENT
JULY 21,2011
County Clerks Office
4th Floor Administration Building (F)
Attn: Patricia Morgan
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
AMENDMENTS
2010 CYCLE
including petition CP-2008-1
(ADOPTION HEARING)
(.)
~=
o ,,~
'1
Collllr Countu
Florida
..
:;
~
~
~
..
...
:;
~
~
.
e
0
~ ..
,
( l:
I I ~
...
!!!
M
...
lI:
~
..
C
M
~l
t)
~
....
o
.....
-.::.
"
~.
o
o
:::".Yf~~....~~~~_
""II ",'JFo ft!.f...-.................-""""'-"_
Petitions: CP-2008-1, CP-2010-1, CPSP-2010-2, & CPSP-2010-5
EAC: July 06,2011 [petitionePSP-20l0-2only]
CCPC: July 21, 2011
BCC: September 13, 2011
Q
c
o
4Jmr
~-a4. ...-.. "ty
c
C--
DATE: July 6,2011
TO: Collier County Planning Commission (and others)
FROM: Comprehensive Planning Section
Land Development Services Department
SUBJECT: 2010 Cycle GMP Adoption Amendments Advertising - CCPC Advertisement
CCPC Hearing - July 21,2011
Due to the timing of the Planning Commission meeting advertisements, we are unable to
provide copy(ies) of the official affidavits as proof of advertisement at this time. However, as
soon as the official affidavits have been received they will be provided in the binders going to
the Board of County Commissioners for scheduled hearing of these adoption amendments on
September 13, 2011.
Growth Management Division
Planning & Regulation
Land Development Services Department
Comprehensive Planning Section
PUBUC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
o
Notice is hereby given that the Collier County Planning Commission will hold a public
meeting on Thursday. July 21,2011 at 9:00 A.M. in the Board 01 County Commissioner's
Chamber. Third Floor, County Government Center, 3299 East Tamiami Trail, Naples.
The purpose of the hearing is to consider recommendation to the Board of County Commis-
sioners to transmit to the Florida Department of Community Affairs the Adoption of Growth
Management Plan amendments to the Future Land Use and Future land Use Map and Map
Series. and the Golden Gate Area Mastel' Plan and Golden Gate Area Master Plan Future
Land Use Map and Map Series. The ordinance titles are as follows:
ORDINANCE NO. 201'~_
AN ORDINANCE AMENDING ORDINANCE NO. a9~. AS AMENDED. THE COL~
lIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COWER COUNTY. FLORIDA BY PROVIDING FOR: AN AMENDMENT.
SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN. INCLUD-
ING THE GOLDEN GATE AREA MASTER PLAN FlfTURE LAND USE MAP AND
MAP SERIES, TO CREATE THE ESTATES SHOPPING CENTER SUBDISTRICT.
AND FURTHERMORE RECOMMENDING TRANSMmAL OF THE ADOPTION
AMENDMENT TO THE FLORDIA DEPARTMENT OF COMMUNIlY AFFAJRS.
PROVIDING FOR SEVERABILl1Y AND PROVIDING FOR AN EFFEC1lVE DATE.
Petition CP-2008-1, Petition requesting an amendment to the GoIdP.n ~atA ArM Ma.<;1er
Plan and Goldl'!f'l ~atA Area Ma.<;1er Plan I=lIture I and USA Man and Man Series to create the
Estates Shopping Center Subdistrict to allow 8 maximum of 190,000 square feet of commer-
cial uses of the C-, throughC-3 zoning districts, with exceptions, and some uses of the G-4
and C-5 zoning districts with 8 requirement to construct a grocery store, for property located
on the north ~e of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street
Northwest, in Sectkln 4, Township 49 South, Range 27 East, consisting of :t4O.62 acres.
ADOPTION HEARING [Coordinator: Michele Mosca, AJCP, Principal Planner)
ORDINANCE NO. 20"-_
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COL-
UER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT,
SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO CHANGE THE
SQUARE FOOTUMITATION IN THE VANDERBILT BEACH ROAD NEIGHBORHOOD
COMMERCIAL SUBDISTRICT FOR CERTAIN USES, AND FURTHERMORE REC-
OMMENDING TRANSMITTAl OF THE ADOPTION AMENDMENTTO THE FLORIDA
DEPARTMENT OF COMMUNIlY AFFAJRS, PROVIDING FOR SEVERABIUTY AND
PROVIDING FOR AN EFFECTIVE DATE.
Petition CP-201G-', Petition requesting an amendment to the Future IlUlrllJ~ FIAment of
the Growth ManaoAment Plan to modify the language of the Vanderbilt Beach Road Neigh-
borhood Commercial Subdistrict to allow a grocery/supermarket, physical fitness facility,
craMlobby store, home fumiturelfumishing store and departmem store use to exceed the
20,000 square feet limitatioo for a single commercial use, up to a maximum of 50,000 square
feet, for Parcel, (9.2+ acres, zoned Bradford Square MPUD) only, and with the overall maxi-
mum development limitation of 100,000 square feet of commercial land uses on Parcel' to
remain; the subject portion of the Subdistrict is located at the northeast comer of Vanderbilt
Beach Road and Uvingston Road in Section 31, TCM'nship 48 South, Range 26 East. ADOP-
TION HEARING [Coordinator: Michele Mosca, AICP, Principal Planner]
ORDINANCE NO. 20"-_
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COL-
UER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COWER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS, SPE-
CIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND
USE MAP AND MAP SERIES, AND FURTHERMORE RECOMMENDING TRA.NS-
MmAL OF THE ADOPTION AMENDMENTS TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
o
Petition CPSP-201 G-2, staff petition requesting amendments to the FuturA Il'lnd Use ~
men! And I=uture Land UAA MaD and Man ~ (1=IUgFLUM) to: modify the Bayshor&"
Gateway Triangle RedeIJelopment Overlay (BIGTRO); modify FLUE Policy 5.'; modify appli-
cability of the OffICe and Infill Commercial Subdistrict; update the Wellhead Protection Map;
update the FLUM and Map Series to ref1ec1 annexations, etc.; make FLUM ooundary correc-
tions in rural areas; and, add clarity, correct date errors, and make other non-substantive telCl
revisions. ADOPTION HEARING [Coordinator: David Weeks, A1CP, GMP Managerj
ORDINANCE NO. 201'-_
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COL-
UER CDUN"fY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT,
SPECIFlCAU.Y AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE
LAND USE MAP AND MAP SERIES, TO REMOVE IN IT'S ENTIRETY, THE DAVIS
BOULEVARDICOUNTY BARN ROAD MIXED-USE SUBDISTRICT, AND FURTHER-
MORE RECOMMENDING TRANSMITTAl OF THE ADOPTION AMENDMENT TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. PROVIDING FOR SEV-
ERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Petition CPSP.201G-5, Staff petition requesting an amendment to the Future Land Use 8-
ement and Future land Use Map and Map Series to modify the Davis Boulevard/County
Barn Road Mixed Use Subdistrict by deleting the subdistrict in its entirety; the subdistrict is
located at the southeast comer of Davis Blvd. (SR 84) and County Barn Road, in Section 8,
Township 50 South, Range 26 east, containing + 22..83 acres. ADOPTION HEARING
[Coordinator: Corby Schmidt, AlCP, Principal Planner)
~
\
Cofll_ COQnty
Florldill
~
..
o
~-
o
All interested parties are invited to appear and be heard. Copies of the proposed Growth
Management Plan Amendment will be made available for inspection at the land Develop--
ment Services Dept., Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples,
between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the
materials will be made available for inspection at the Collier County Clerk's OffICe, Fourth
Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, one
week prior to the scheduled hearing. Any questions pertaining to the documents should be
directed to the Comprehensive Planning Section. Written comments filed with the Clertl; to
the Board's OffICe priofto Thursday, July 21, 2011, will be read and considered at the public
hearing.
If a person decides to appeal any decision made by the Collier County Planning
Commission with respect to any matter considered at such meeting or hearing, he
will need a record of that proceeding, and for such purpose he may need to ensure
that a verbatim record of the proceedings is made, which record includes the testi-
mony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participme
in this proceeding, you are entitled, at no cost to you, to the provisioo of certain assis-
tance. Please contact the Collier County Facmties Management Department, located at
3335 Tamiami Trail East. Suite '01, Naples, FL 34'12.5356, (239) 252-8380, at least two
days prior to the meeting. Assisted listening devices for the hearing impaired are available in
the Board of County Commissioners OffICe.
Mark P. Strain, Chairman
Collier County Planning Commission
No S7R170859
lIlY' ?O11
'-
""
2010 CYCLE CCPC ADOPTION
STAFF REPORT
,
Agenda Items 9.0, F, G, H
o
-y <::;.o-u..-nty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
GROWTH MANAGEMENT DIVISION/PLANNING AND
REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: JULY 21, 2011
FROM:
ELEMENTS:
2010 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS,
INCLUDING ONE 2008 CYCLE PETITION (ADOPTION HEARING)
FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE
MAP AND MAP SERIES; AND, GOLDEN GATE AREA MASTER
PLAN (GGAMP) ELEMENT AND FUTURE LAND USE MAP AND
MAP SERIES
SUBJECT:
o
At time of the Collier County Planning Commission (CCPC) Transmittal hearings, the
2010 cycle of Growth Management Plan (GMP) amendments consisted of three petitions
- one private sector petition and two County-initiated petitions. However, at the Board of
County Commissioners (BCC) Transmittal hearing on this 2010 cycle, a prior cycle
petition (CP-2008-1) that had been continued indefinitely at the BCC Transmittal hearing
in 2009 was added to this 2010 cycle. Therefore, there are now four petitions in this
2010 cycle of GMP amendments - two private sector and two County-initiated petitions.
Transmittal hearings on these amendments were held on December 1, 2010 (EAC,
Environmental Advisory Council) for the Wellhead Protection Areas Map portion of
petition CPSP-2010-2 only; December 16, 2010 and January 20, 2011 (CCPC, Collier
County Planning Commission) for petitions CP-2010-1 and CPSP-2010-2, and February
17, 2011 (CCPC) for petition CPSP-2010-5, and October 19 and 20, 2009 (CCPC) for
petition CP-2008-1; and, March 22, 2011 (BCC) for petitions CP-201 0-1, CPSP-2010-2
and CPSP-2010-5, and January 19, 2010 and March 22, 2011 (BCC) for petition CP-
2008-1. The respective Transmittal recommendations/actions are presented further
below, following each petition number and title.
Within the CCPC binder you will find the Transmittal Executive Summary from the March
22, 2011 Bee hearing and certain attachments referenced therein, the Transmittal
eepc staff report for each petition, and both the Transmittal and Adoption EAC staff
reports (for the Wellhead Protection Map portion of petition CPSP-2010-2 only), all of
which provide staff's detailed analysis of each petition.
o
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT:
After review of Transmitted GMP amendments, the Florida Department of Community
Affairs (DCA) renders an Objections, Recommendations and Comments (ORC) Report.
Only Objections can form the basis of a non-compliance determination, unless the
adopted amendments vary significantly from those transmitted. If an Objection is not
adequately addressed when adopted, then the DCA may (presumably will) find the
1
Agenda Items 9.0, F, G, H
o
permitted uses with reference to uses allowed in the C-1 through C-3 zoning districts;
and, remove the conceptual site plan.]
CCPC RECOMMENDATION: There was no eepc recommendation on revised petition
CP-2008-1 by virtue of a tie vote (4/4). At the CCPC Transmittal hearing, the petitioner
verbally proposed two changes to the amendment: 1) reduce building height from two
stories to one story; and, 2) reduce the proposed building area from 225,000 square feet
to 210,000 square feet. The failed motion to approve was subject to staff alternative text
in the Staff Report, revised to: 1) keep the list of allowable uses #1-27 as proposed by
petitioner, but delete #28 [this requires a re-Iettering of paragraphs]; 2) revise paragraph
"a.12" to reflect the correct SIC Code term; 3) revise paragraph "a." to add a "catchall"
prohibited use #14; 4) revise paragraph "b." to reduce the total allowable building area
from 225,000 s.t. to 210,000 s.f., as proposed by the petitioner at the hearing, and to
modify the building floor area term; 5) revise paragraph "c." to recognize the potential for
more than one grocery use; 6) revise paragraph "e.1." pertaining to the timing of right-of-
way donation; and, 6) delete paragraph "n." pertaining to common architectural theme.
The text that reflects the CCPC's unsuccessful motion is contained in the document
titled "CCPC Transmittal Recommendation for ep-2008-1."
BCC ACTION: At their January 19, 2010 hearing, the BCe continued this petition
indefinitely so as to allow the petitioner to place this item on the November 2010 ballot
for a non-binding referendum. The petitioner did so. The Executive Summary and
attachments, especially the Supplemental Report, for the March 22, 2011 Bee hearing
contains details about the referendum, additional staff analysis, etc.
o
At their March 22, 2011 hearing, the BCC approved this petition for Transmittal to DCA
(vote: 4/1), as presented by the petitioner, with direction to the CCPC to make
recommendation upon the appropriate square feet cap for individual users.
ADOPTION
STAFF RECOMMENDATION: Do not transmit to DCA as presented; however, staff
would recommend approval for adoption with the following changes: limit the overall size
(square feet) to that of a neighborhood shopping center; limit individual users, except for
grocer, to 20,000 square feet; replace detailed list of permitted uses with reference to
uses allowed in the e-1 through C-3 zoning districts; and, remove the conceptual site
plan.
B. PETITION CP-201 0-1, Petition requesting an amendment to the Future Land Use
Element (FLUE), to modify the language of the Vanderbilt Beach Road
Neighborhood Commercial Subdistrict to allow a grocery/supermarket, physical
fitness facility, craft/hobby store, home furnishing store and department store use to
exceed the 20,000 square feet limitation for a single commercial use, up to a
maximum of 50,000 square feet, for Parcel 1 (:!::.9.2 acres, zoned Bradford Square
MPUD) only, and with the overall maximum development limitation of 100,000
square feet of commercial land uses on Parcel 1 to remain; the subject portion of the
Subdistrct is located at the northeast corner of Vanderbilt Beach Road and
Livingston Road in Section 31, Township 48 South, Range 26 East. [Coordinator:
Michele Mosca, AICP, Principal Planner]
o
3
Agenda Items 9.0, F, G, H
o
CCPC RECOMMENDATION: Transmit to DCA (vote: 9/0), per staff's recommendation,
except subject to modifications to FLUE Policy 5.1 and the Office and Infill Commercial
Subdistrict - both for clarity/brevity/simplicity, and revision to the Wellfields Protection
Map to add Marco Island Utilities' Marco Lakes (in northeast quadrant of US-41
East/Collier Blvd. intersection).
BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation.
POST-TRANSMITTAL ACTIVITY
Subsequent to the Transmittal of this petition, staff has further reviewed and analyzed
the addition of the City of Marco Island's Marco Lakes Reservoir (Reservoir) to the
Wellhead Protection Areas Map. Staff notes that the Map serves as the basis for the
map boundaries and protective measures found within the Land Development Code,
Section 3.06, Groundwater Protection. Those maps and regulations found therein are
designed to protect potable water supply wellfields that draw water from the surficial
aquifer system, by placing controls on land uses that may pollute a wellfield's drinking
water supply.
o
The Reservoir receives water from both the surficial aquifer system and Henderson
Creek (Creek) that runs along the east side of the Reservoir. There is a weir (gate valve)
located on the north side of the Reservoir that is closed most of the time, but water from
the Creek still trickles around the weir structure. In addition water from the Creek
infiltrates through the bank that separates it from the Reservoir. The volume of water
that infiltrates into the Reservoir varies based on seasonal pump rates from the
Reservoir (up to 16 mgd) to the City of Marco Island and ASR wells. Infiltration may also
vary based on the elevation of the Creek compared with the elevation of the Reservoir.
The Marco Island Utilities provides limited monitoring in the Creek, upstream of the
Reservoir. There are also no protections from flooding.
The Pollution Control Department has modeled risk management special treatment
overlay zones (STW-1 through STW-5) around the Reservoir, derived from a three-
dimensional computer-modeled analysis of ground water flow and solute transport in the
County's freshwater aquifer system. While this model provides a limited level of risk
management protection from a pollutant entering the reservoir through the surficial
aquifer system, it provides no protection from a pollutant entering the reservoir from the
Creek. Pollution Control has no modeling tool that will provide for this protection.
Because the wellhead protection zone maps and regulations are not designed to, and
cannot, protect the reservoir from surface water pollutants that may unexpectedly enter
Henderson Creek, staff does not believe it appropriate to include the Marco Lakes
Reservoir on the Wellhead Protection Areas Map.
ADOPTION
STAFF RECOMMENDATION: Adopt as transmitted except remove the Marco Island
Utilities' Marco Lakes.
EAC RECOMMENDATION: To be presented at CCPC hearing (meeting is scheduled
for July 6, 2011).
o
5
Prepared By:
Y+~ Wc-v[~..
David Weeks, AICP, GMP Manager
Comprehensive Planning Section
Agenda Items 9.D, F, G, H
o
?-I--/(
~~~-
Reviewed By: ~ /' / /? ~~ Date:
Michael Bosi, AICP, Planning Manager
Comprehensive Planning Section
7-/ - 1/
~y~~..
Reviewed By: / ~ ""'-;-/A ~~
William D. Lorenz, Jr., P.E., Director
Land Development Services Department
Mi'<;.. (SJJ; h...- 1...,(\\,,,,-,,, L"""'"'..Ak
/IJ2 I /) lj-
t I /
/) A . j ./'4//_
Approved BY~ l'//U /./,A#~/;::;::;. Date:
NicK C.asalanguida, Deputy ltaministrator
Growth Management Division/Planning & Regulation
Date:
7- 1- ) I
-;/(-~I/
;I -,). ;
COLLIER COUNTY PLANNING COMMISSION:
o
MR. MARK STRAIN, CHAIRMAN
2010 cycle GMPAs - Adoption (petitions CP-2008-1; CP-201 0-1; CPSP-2010-2; CPSP-2010-5).
Staff Report for July 21, 2011 eepe hearing.
NOTE: This cycle of petitions has been scheduled for the September 13, 2011 Bee hearing.
CCPC Staff Report Adoption 2010 cycle GMPAs & CP-2008.1
G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2009-2010 Combined Cycles petitions\2010
Cycle Petitions\CCPC Adoption dwfT -1-11
o
7
c
".
'-
CP-2010-1 CCPC
TRANSMITTAL STAFF REPORT
,-
\..".
o
o
o
TO:
FROM:
HEARING
DATE:
RE:
Agenda item 9.E.
c::,o7ff~r CA>-U-n'ty
~ ---
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
JANUARY 20, 2011
PETITION NO. CP-20010-1, GROWTH MANAGEMENT PLAN AMENDMENT
[TRANSMITTAL HEARING]
AGENTS! APPLICANT/OWNER
Agent:
Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Agent:
Richard Yovanovich, Esq.
Coleman, Yovanovich and Koester, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
Agent! Applicant:
Douglas W. Nelson, Vice President
EverSank
1185 Immokalee Road
Naples, FL 34110
Applicant:
Tripp Gulliford, Vice President
EverSank
1185 Immokalee Road
Naples, FL 34110
Owner:
EverSank
1185 Immokalee Road
Naples, FL 34110
1
GEOGRAPHIC LOCATION:
The subject property, totaling .:t9.2 acres, is located at the northeast corner of Vanderbilt Beach
Road and Livingston Road, within the Urban Estates Planning Community in Section 31,
Township 48 South, Range 26 East.
.
I ',/ \v' \" _---T' II Ec
ft '.1\ .-1-' I
" ' ---"" 'rq " ..........,-1 T j . I I lJ:,_.
..: ~
,I: . \\ /'.'t,~ \ ~'l"l"l I.
,-'--1,'(. ':1 \ \'\ ,J ,)..!.
I a o,.. /. .. ~ 'v-- J"'t~1i'Y:,... :.. ' "-
f'"..~,-./. \i... ' , ' ~,'~.,..< -j --V .'1 T".:.Till !~~ -
........ 4; /:.,r . "-. _."- ...f \ 11 ~ 1I j ~ I ~ l \,.
I '. . ,~f'-. I . I. I '\.!;~
. I . {.}< '/: ,'(\.\5 \,.---l..(" \ J
;'~- I/,:~\~""'"v' ...i ~I ,
\ . e' ," ~ 1 1 .J..- '--. !J -I -
\ ' ;.\ r'-' ~t:,,;
1/ ~~~
.~ ">~-- -L..
I
, ~r.r
\ If ) ',...
I ",n' \ 'I I~r-
P~~~'~Eed ,
A,' ~;Ff'l. D". I 1i.:rt' I ; ,
I P:~!:~~,,:ite " L Ir
lH, "':f':J.l -p~(. \ '"
P"T-!il'ij \, .:.I .~:
Ul.h(t j_ (~1 r
\~t 'l . rn.r,fj,[ -u.:< I Iw-
I , , ,""':' ,W
I \1' '\\:l'J:n;n~ ,';:'~
HISTORY/REQUESTED ACTION:
In 2005, the subject site (and Parcel 2, presently zoned CFPUD, The Vanderbilt Trust - 1989)
was the subject of a Growth Management Plan amendment (GMPA) request (Petition CP-2004-
3) that established the existing Subdistrict to allow the permitted and conditional uses of the C-1
through C-3 zoning districts, other limited commercial and non-commercial uses, and residential
uses up to 16 dwelling units per acre. The Board of County Commissioners (BCC) approved the
petition on June 7, 2005 with the limitation that a single commercial user may not exceed
20,000 square feet after discussing neighboring properties' development expectations, potential
"big box" development, and future commercial development on the intervening parcels (zoned
"A" on the above zoning map) that were not included within the GMPA request (refer to the
attached June 7, 2005 BCC Minutes).
.
The applicant now seeks to amend the Subdistrict (Parcel 1 only) to allow a
grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishings store
or department store use to exceed the existing 20,000 square feet limitation for a single
commercial use, up to a maximum of 50,000 square feet; the uses proposed to exceed the
square feet cap are allowed uses within the existing Subdistrict.
The petitioner's proposed text changes to the Subdistrict are identified below in underlined text.
A. Urban Mixed Use District
16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict
The purpose of this Subdistrict is to provide primarily for neighborhood commercial development
at a scale not typically found in the Mixed-use Activity Center Subdistrict. The intent is to
provide commercial uses to serve the emerging resiqential development in close proximity to
this Subdistrict, and to provide employment opportunities for residents in the surrounding area.
Allowable uses shall be a variety of commercial uses as more particularly described below, and
mixed use (commercial and residential). Prohibited uses shall be gas stations and convenience
stores with gas pumps, and certain types of fast food restaurants. .
2
o
The Subdistrict consists of two parcels comprising approximately 17 acres, located on the north
side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map.
For mixed-use development, residential density shall be limited to sixteen dwelling units per
acres. Residential density shall be calculated based upon the gross acreage of the Subdistrict
parcel on which it is located (Parcel 1 or Parcel 2). Rezoning of the parcels comprising this
Subdistrict is encouraged to be in the form of a PUD, Planned Unit Development. At the time of
rezoning, the applicant must include architectural and landscape standards for each parcel.
a. Parcel 1
This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road. A
maximum of 100,000 square feet of gross leasable floor area for commercial uses may be
allowed. Allowable uses shall be the following, except as prohibited above: retail, personal
service, restaurant, office, and all other uses as allowed, whether by right or by conditional use,
in the C-1 through C-3 zoning districts as set forth in the Collier County Land Development
Code, Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict
(Ordinance No. 2005-25 adopted on June 7, 2005); other comparable and/or compatible land
uses not found specifically in the C-1 through C-3 zoning districts, limited to: general and
medical offices, government offices, financial institutions, personal and business services,
limited indoor recreational uses, and limited retail uses; mixed-use development (residential and
commercial uses). The maximum floor area for any single commercial user shall be 20,000
square feet. except for a Qrocery/supermarket, physical fitness facility. craft/hobby store, home
furniture/furnishing store. or department store use. which shall not exceed a maximum of 50.000
square feet.
o
b. Parcel 2
This parcel is located approximately % mile east of Livingston Road and is adjacent to
multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor area for
commercial uses may be allowed. Allowable uses shall be the following, except as prohibited
above: General and medical offices, community facilities, and business and personal services,
all as allowed, whether by right or by conditional use, in the C-1 through C-3 zoning districts as
set forth in the Collier County Land Development Code, Ordinance 04-41, as amended, in effect
as of the date of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005).
The maximum floor area for any single commercial user shall be 20,000 square feet.
At the time of rezoning of Parcel 2, the developer shall provide restrictions and standards to
insure that uses and hours of operation are compatible with surrounding land uses. Permitted
uses such as assisted liVing facilities, independent living facilities for persons over the age of 55,
continuing care retirement communities, and nursing homes, shall be restricted to a maximum
of 200 units and a maximum floor area ratio (FAR) of 0.6. The developer of Parcel 2 shall
provide a landscape buffer along the eastern property line, abutting the Wilshire Lakes PUD, at
a minimum width of thirty (30) feet. At the time of rezoning, the developer shall incorporate a
detailed landscape plan for that portion of the property fronting Vanderbilt Beach Road as well
as that portion along the eastern property line, abutting the Wilshire Lakes PUD.
Words underlined are added, as proposed by the petitioner
SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION
ExistinQ Conditions:
o
The subject site is zoned Mixed Use Planned Unit Development (MPUD - Bradford Square),
and is approved for up to 100,000 square feet of C-1 through C-3 commercial uses, 10
residential multi-family units, and other non-residential uses such as essential service and open
space and recreational uses. The Future Land Use designation is Urban Commercial Mixed
Use District, Vanderilt Beach Road Neighborhood Commercial Subdistrict. The site is
undeveloped.
3
Surroundina Land Uses:
North: The Pelican Marsh PUD/DRI is located to the north of the subject property and is
presently developed with a golf course. The Future Land Use designation is Urban Mixed Use
District, Urban Residential Subdistrict.
.
East: The land east of the subject property is zoned Agricultural "A," and is presently
developed with a pet hospital and resort, and an equestrian center. The Future Land Use
designation is Urban Mixed Use District, Urban Residential Subdistrict.
South: The land to the south of the subject property, across Vanderbilt Beach Road, is the
Vineyards PUD/DRI and is currently developed with multifamily homes. The Future Land Use
designation is Urban Mixed Use District, Urban Residential Subdistrict.
West: The land to the west of the subject property, across Livingston Road, is part of the
Pelican Marsh PUD/DRI and is developed with a golf course and a golf course maintenance
facility. The Future Land Use designation is Urban Mixed Use District, Urban Residential
Subdistrict.
STAFF ANALYSIS
Considerations:
The proposed change to allow certain uses to exceed the 20,000 square feet cap for a single
commercial user within the Subdistrict is not expected to generate additional impacts. The
existing Subdistrict allows the same uses as those proposed by this Growth Management Plan
amendment and the existing Subdistrict does not contain development standards specific to this
parcel. Additionally, the Mixed Use Planned Unit Development (MPUD) approved for the
subject site contains appropriate development standards to ensure that the existing approved .
development within the project is compatible with surrounding properties. Further, the proposed
increase in commercial intensity, from 20,000 to 50,000 square feet for certain commercial
uses, will be reviewed for compatibility with surrounding properties at time of rezoning/PUD
amendment. There are no additional public facilities impacts resulting from the proposed
GMPA, as noted in the analysis below.
Because commercial demand, and project intensity and density were established with the
original GMPA approval in 2005, and no additional uses and commercial square feet are
proposed by this GMPA, staff did not request a needs analysis for this petition.
Environmental Impacts:
Environmental conditions have not changed since the original Plan amendment in 2005 and
subsequent PUD rezoning. Further, an environmental analysis will be required as part of a
subsequent rezoning/PUD amendment.
Traffic Capacitvffraffic Impacts:
The proposed amendment does not modify the previously approved maximum intensity of
development. The previously approved impact statement for this site had an adjusted Total
Daily trip count of 5185 with 480 adjusted PM Peak Hour trips (6880 Total Daily, 635 P.M. Peak
Hour Trips - Unadjusted).
The PM Peak hour service volume on Livingston Road between Vanderbilt and Immokalee .
Roads is 3,840 vehicles (Total Volume is 1510 trips and Remaining Capacity is 2330 trips). The
PM Peak hour service volume on Vanderbilt Beach Road between Logan and Livingston Roads
is 3,540 vehicles (Total Volume is 1934 trips and Remaining Capacity is 1606 trips).
4
o
10
I
o
Transportation Planning staff has reviewed this petition and concluded that no change to the
maximum traffic impact is evident as a result of the proposed re-allocation of commercial square
feet within the Subdistrict (certain commercial uses allowed to exceed the existing 20,000
square feet limitation for a single commercial use, up to a maximum of 50,000 square feet, as
part of the shopping center use). Further, staff recommends that this application may be found
consistent with policy 5.1 of the Transportation Element of the Growth Management Plan.
1
Public Facilities Impact:
Public Facilities (water, waste water, parks, etc.) conditions have not changed since the original
Plan amendment in 2005 and subsequent PUD rezoning. Further, public facilities analyses will
be required as part of a subsequent rezoning/PUD amendment.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES (provided bv the aClent and
reviewed and edited bv staff):
The Neighborhood Information meeting was held on Monday, November 1, 2010 from 5:35 p.m.
to 6:50 p.m. at the Hampton Inn Naples/I-75, located at 2630 Northbrooke Plaza Drive, Naples,
FL, after the agent dully noticed and advertised the meeting as required by the Collier County
Land Development Code.
D. Wayne Arnold, agent for the applicant opened the meeting at 5:35 p.m. In attendance was
Michele Mosca, representing Collier County, and Richard D. Yovanovich, Esq., agent for the
applicant. At the time the meeting began, eight people were in attendance. A sign-in sheet was
provided at the entrance of the meeting room and all eight attendees signed-in. Aerial
photographs of the site and surrounding area were displayed.
Mr. Arnold explained the proposed Comprehensive Plan amendment application process,
project location, and description of the proposed text changes to the Future Land Element of the
Growth Management Plan. Mr. Arnold emphasized that the proposed increase from 20,000
square feet to up to 50,000 square feet for a limited number of commercial uses is necessary in
order to establish a successful commercial center with key anchor tenants. The overall
maximum commercial development on Parcel 1 of the Subdistrict will remain unchanged at
100,000 square feet.
Ms. Mosca provided the tentative transmittal hearing dates for the CCPC and BCC - CCPC in
December and BCC in January/February. Questions were raised in regard to landscape
buffering, building heights, traffic volumes, and hours of operation. The neighbors were also
concerned about empty store fronts and the over abundance of vacant commercial in the area
and asked how this project would benefit the surrounding neighborhoods. The residents also
expressed that they did not want to see a Wal-Mart or Target on the site. Mr. Arnold answered
questions from the neighbors, and both Mr. Yovanovich and Mr. Arnold agreed that they would
work with the neighbors as they had done in the past with the original Comprehensive Plan
amendment and rezone. Several attendees indicated their opposition to the proposed
amendment in its current form but agreed to meet with the applicant to address outstanding
concerns.
Mr. Arnold invited anyone with further questions to contact his office or contact Ms. Mosca.
FINDINGS AND CONCLUSIONS:
. The magnitude and scale of this project (100,000 square feet of gross leasable floor area of
C-1 to C- 3 commercial uses, and other similar commercial uses) are consistent with
neighborhood commercial development at the upper size limits.
5
. The subject site abuts an arterial road - Livingston Road and a collector road - Vanderbilt.
Beach Road.
. No additional commercial uses or overall commercial square feet are proposed by this
amendment.
. No additional public facilities impacts will be generated as a result of the proposed change.
. The petition is generally compatible with surrounding land uses. A more detailed
compatibility analysis will be performed at time of rezoning/PUD amendment.
.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed and approved by the County Attorney's office.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CP-2010-1 to
the Board of County Commissioners with a recommendation of approval to transmit to the
Florida Department of Community of Affairs.
Prepared By: . L ~~ Date:
.,..-'MiEFlele R. MosGa~ 8rICP, Principal Planner
ComprehensiveLPranning Section
I . b - Ii
\]\ , L\ LJ~J-
Reviewed By: o-~
David Weeks, AICP,
Growth Management Plan Manager
Comprehensive Planning Section
Date:
/--/2-1/
~~-
Reviewed By: .............- ............ .............. ~~ --=::: Date:
Michael Bosi, AICP,
Comprehensive Planning Manager
Com rehensive Plannin Section
f\
Reviewed By: \ Date:
, r Iiam D. Lorenz, , r., PE, irector
~ lopment SeNices Department
Approved B{~ Date:
. I\ITCk Casal gl';; , Deputy Administrator
Growth Management Division
I" /0 -I I
.
DI ./0 .~'I
1- J'L-I/
PETITION NO.: CP-2010-01
Staff Report for the January 20, 2010 CCPC Meeting.
NOTE: This petition has been scheduled for the March 22, 2011, BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
o
6
o
o
o
June 7, 2005
CHAIRMAN COYLE: Motion to approve by Commissioner
Fiala, second by Commissioner Halas --
MS. MOSCA: Commissioners, if I may, I just have a correction
for the record.
CHAIRMAN COYLE: Okay.
MS. MOSCA: If I may.' I apologize for interrupting.
F or the record, Michele Mosca with the comprehensive planning
staff.
The only change I have is a correction to the ordinance. What
we'd like to do is accurately reflect the project acreage. The
redesignation of 79 acres, rather than 80 to sending, and the
redesignation of 153 acres to receiving, with a total project acreage of
232. Thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: No, I'm fine. I was going to
make a motion, but Commissioner Fiala did.
CHAIRMAN COYLE: Okay. All right. Any further
discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Aye.
Any opposed by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. MUDD: ~ommissioner, that brings us with to the next
item, which is Petition CP-2004-3. Petition requesting amendment to
the future land use element and future land use map to create a new
Page 62
June 7, 2005
Vanderbilt Beach Road neighborhood commercial subdistrict to .
allow for C-l through C-3 commercial uses, other comparable and/or
compatible commercial uses not found specifically in the C-l through
C-3 zoning districts. Mixed use development and indoor self-storage
on two parcels, one located at the northeast comer of Vanderbilt
Beach Road' and Livingston Road, which is 9.18 acres, and one
parcel further east on the north side of Vanderbilt Beach Road, eight
acres, zoned Vanderbilt Trust PUD, in Section 31, Township 48
South, Range 26 East, urban estates planning community.
And Mr. Arnold, Wayne Arnold, will present.
MR. ARNOLD: Thank you, Commissioners. Wayne Arnold for
the record, here with Rich Y ovanovich, Tammy Kipp, Amy Turner,
who are the property owners of the subj ect petition.
Staff report was very clear. The property is two parcels located
on Vanderbilt Beach Road; one at the comer of Livingston Road, the
other is just slightly removed by two parcels to the east.
This started out under your original transmittal to the state with .
the reference to indoor self-storage.
Between the transmittal and our adoption today, and in fact
before the planning commission, we held a neighborhood
informational meeting out at the Vineyards Community School, well
attended by residents from Wilshire Lakes, as well as some residents
from Village Walk, which is across the street from the two parcels.
And one thing was very clear at that meeting, nobody was supporting
indoor self-storage. So after that meeting, we modified our request to
eliminate the indoor self-storage reference in this.
I understand that the text that's before you today still has one
stray reference to indoor self-storage that I think staffs going to tell
you it should be removed. But that was probably the largest
discussion point at that meeting. And so we eliminated that request.
. We did have follow-up meetings with certain residents of
Wilshire Lakes and Fieldstone Village Condominium that's part of
.
Page 63
o
o
o
June 7, 2005
Wilshire Lakes, as well as representatives from Village Walk board
of directors. And after that meeting, I think it was clear that the
self-storage was a use that they were very happy that we were willing
to give up.
Also out of that meeting we learned that there was a concern
over gas station uses. We agreed to eliminate gas stations and
convenience stores with gas pumps. The other significant
amendment was there was a concern about certain types of fast food
restaurants. Not all fast food, but -- I could name some of them, but
they're primarily the type that serve hamburgers of the fried variety,
and we agreed that the most appropriate reference, rather than
naming specific chain restaurant names, was to -- I think it was David
Weeks who actually coined the phrase, it would be limited fast food
restaurants would be prohibited.
So you'll now find this a little bit reorganized, but there's
prohibition on self-storage, prohibition on gas stations and a
linlitation on certain types of restaurants, if you will.
And the other couple things that we did do, we agreed to
provide a minimum 30- foot buffer adjacent to the Wilshire Lakes
property, which would be our eastern boundary, and we agreed to
allow the county and Wilshire Lakes to work along our common
property line to bring a sound wall, if required, as part of the six -lane
improvements for Vanderbilt Beach Road, to tunl it north along our
common property line to help satisfy some of the noise concerns that
the Fieldstone Village residents had with the six-Ianing.
The other thing that we agreed to do that I think both groups that
we've primarily worked with here were happy to hear was the fact
that we were willing to bring forward a specific landscape plan and
architectural standards as part of the zoning that we'll certainly follow
so that we can demonstrate to them that this isn't your typical
commercial type development. And in fact, on the eastern parcel,
with the limitations that we have, there is no retail even permitted, it's
Page 64
June 7, 2005
now primarily office, professional service type uses and assisted .
living type facilities, those types of community facilities.
And I think we have concurrence from all of our neighbors that
we're on the right track and they would hope that we could move
forward endorsing the plan amendment.
One of the other suggestions that the planning commission had
that would be certainly something tied to zoning was that in the
zoning document, they would look for assurances that no Certificates
of Occupancy for either parcel would be issued until October of '07,
which coordinates with the six-lane improvements for Vanderbilt
Beach Road.
But with that, that's really my presentation. We would
encourage you all to adopt it. We've had unanimous
recommendation from Planning Commission. I think you'll hear
from at least one of our neighbors here that they're now in favor of it
with the elimination of self-storage, the gas stations and limited
restaurant uses. .
CHAIRMAN COYLE: We have one public speaker. Would
you like to listen to speakers first, Commissioner Halas?
COMMISSIONER HALAS: Sure.
MS. FILSON: Your speaker is Kathleen Adams.
MS. ADAMS: Kathleen Adams, Village Walk Homeowners
Association.
Many of you may remember that you did receive a letter from
us, along with a petition, asking for residential. And after meeting
with the folks from the Turner family and their representation, we're
convinced that what they're proposing is something that we can live
with and we have absolutely no obj ection to it, and we urge you to
vote for it. Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes, I think you were -- what is
.
Page 65
o
o
o
June 7, 2005
the height of the buildings going to be in that general area? I think
you were looking at coming up with assisted living and some office
space.
MR. ARNOLD: That's correct. Right now the assisted living
that was approved as part of the Vanderbilt Trust POD on the
easternmost parcel, which is known as parcel two, allows for 50-foot
building heights on that parcel.
One of the things that we had talked about was adding a
building height to the Comprehensive Plan Amendment language,
and the Planning Commission eliminated that early on, thinking that
if we put a height then we're entitled to get it. And I think there was
a thought that let us be silent on height in the comprehensive plan and
let's debate that point of what's the appropriate height when we come
back for zoning.
COMMISSIONER HALAS: I make a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay, motion for approval by
Commissioner Halas, second by Commissioner Fiala.
Commissioner Henning?
COMMISSIONER HENNING: Commissioners, this is boxing
in a parcel in between that I can see the only future use for that one
would be commercial. And why would you put residential in
between two commercials? So my concern is that we limit it, that
there won't be any big boxes on either one of these parcels, Parcel A
or Parcel B.
CHAIRMAN COYLE: So Parcell or Parcel 2?
COMMISSIONER HENNING: Both.
CHAIRMAN COYLE: All right.
MR. ARNOLD: If I might address that. I don't -- in the context.
that I think of big box retail, if that's like some of the other users that
we've had, the Toys R'Us, the Sports Authorities, things of that size,
your code talks about them being 20,000 square feet or larger
Page 66
June 7, 2005
qualifies under the big box regulations that you have in the land .
development code. The only way that I see any individual user
exceeding 20,000 is if we end up with an assisted living facility that
would house that much square footage.
But otherwise, I really envision on the comer you would end up
with more of a retail center that would have outparcels. And that in
itself may exceed 20,000 square feet, but I don't think we've
envisioned a single user that would connote a big box user --
COMMISSIONER HENNING: And the only for that is this
parcel might languish for years and years, and then the people in the
middle here come back for a comprehensive amendment and
therefore demonstrating a big box, so --
MR. ARNOLD: Well, if it would satisfy the Commissioners'
concerns, I guess if we could keep it to single user not exceeding the
20,000 square-foot standard, I think that that's sOlnething that works
for us. We don't certainly envision that --
COMMISSIONER HALAS: That's in my motion. .
MR. ARNOLD: -- on the retail or commercial side of things.
No retail or commercial --
COMMISSIONER HENNING: What's the difference between
what I said and what you're saying?
MR. ARNOLD: I don't know that there is. I was just trying to
clarify that we meant a single use.
COMMISSIONER FIALA: I wonder if your assisted living is
20,000? Then all of a sudden you've defeated that, right?
MR. ARNOLD: Maybe what we should say is no retail or
commercial use would exceed the 20,000.
COMMISSIONER HENNING: Retail or commercial.
CHAIRMAN COYLE: Okay. So we have a motion by
Commissioner Halas --
MR. MUDD: Mr. Chairman, staffhas to put a couple of things
on the record.
.
Page 67
o
o
o
June 7, 2005
Mr. Moss?
MR. MOSS: Good morning, Commissioners, John-David
Moss, Comprehensive Planning.
As Mr. Arnold mentioned, if you look at the exhibit that's been
provided to you, there is in the second line the phrase "and indoor
self-storage," which needs to be stricken. So I just wanted to point
that out.
I also wanted to point out that I did speak with another
community group in the neighborhood, and although they were
opposed to it initially, they are perfectly satisfied with the changes
that have been made and they're 100 percent in support of it also.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Halas, seconded by Commissioner Fiala for approval
with the stipulation that no single commercial or retail user will
occupy either of these sites and that we will strike any --
COMMISSIONER HALAS: Size of the building, less than
20,000 feet -- square feet.
CHAIRMAN COYLE: I think it's greater than 20,000 feet. But
if we -- is that where we are, no single user --
MR. YOV ANOVICH: No individual user can exceed 20,000
square feet of retail. And there's no retail at all on Parcel 2, so __
COMMISSIONER FIALA: You don't mean individual user,
you mean individual retail user. Isn't that what you said?
MR. yav ANOVICH: Yes. On Parcell where commercial
and retail is allowed, no individual single retail user will be allowed
to exceed 20,000 square--
CHAIRMAN COYLE: Retail or commercial user will be
committed (sic) to build there. And we will strike all references to
indoor self-storage.
Okay, Commissioner Henning?
COMMISSIONER HENNING: I think the key word is
commercial. That's retail and offices. And the other one about the
Page 68
June 7, 2005
indoor storage, Commissioner?
CHAIRMAN COYLE: Yeah, I've already stipulated that and
it's included in this motion.
I want to make sure we're clear on what you're saying,
Commissioner Henning. We're saying retail or commercial.
COMMISSIONER HENNING: Well, if you just say
commercial, that takes care of office and retail, that you can only
limit it to 20,000 square feet. It would be on both parcels.
MR. ARNOLD: Right. I don't think we have an objection to
the direction we're headed. I guess the only hesitation I would have
is the only C-l to C- 3 use that we would envision that could ever
exceed that 20,000 might be something like a supermarket or grocery
store. It could be an anchor tenant that has that type of square
footage. I don't know if that use is a specific concern, but, you know,
I understand which way we're headed. I don't want to make this too
confusing, but like I said, I think that would be the only type of use I
can envision under those C-l to C- 3 as a retail type commercial use
that could gain that kind of square footage. _
CHAIRMAN COYLE: Well, I'm trying to get the specific
language for this motion in place. Are we going to say retail and
commercial not to exceed 20,000 feet for a single user, or are we just
going to say connnercial?
COMMISSIONER HENNING: Commercial, Commissioner, is
anything. It's office, it's retail, it's industrial, it's --
COMMISSIONER FIALA: Is it assisted living?
COMMISSIONER HENNING: No.
CHAlRMAN COYLE: Well, there's still some discussion about
this issue.
MR. ARNOLD: Could I just ask clarification? Is there a
concern specifically about a grocery store? Because I -- that would
be the only hesitation I'd have about boxing ourselves in to
something that we didn't intend --
Page 69
.
.
.
o
o
o
June 7, 2005
COMMISSIONER HALAS: I don't think a grocery store even
enters into this, with the size of the parcel that's here. And I think
from my understanding talking with the particular people that own
this property, the discussion was that it may be a certain type of
restaurant, it may be little curio shops, and then it may be also
assisted living on the other part. So that's my understanding.
So as far as exceeding the 20,000, I don't even think that really
enters into the picture.
MR. ARNOLD: To be honest, Connnissioner, it didn't to me
either until the issue was raised by Commissioner Henning about the
big box. And just not knowing exactly what the mix of tenants is,
that was the only tenant that I could envision that could exceed that
20,000 square feet. But I certainly understand and I don't want to
overcomplicate something I think we're headed in the direction we
need.
CHAIRMAN COYLE: What's the motion going to say?
COMMISSIONER HALAS: Well, the motion should say that
this is strictly for small-scale retail or restaurants that fit the agenda
that's been discussed by not only the petitioner but also by the
community that was accepted.
And I think the things that were brought forth through all the
negotiations with the property owners that surrounded this particular
piece of property, I think that's what we need to address in that
manner. And I think that everybody realized that what was going to
be there is basically assisted living on Parcel No.2, and on Parcel
No.1 there would be no gas stations, but there could be a restaurant
there, an upscale restaurant or whatever else, and maybe some
upscale type of coffee shops or whatever else.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HALAS: Does that help clarify?
CHAIRMAN COYLE: No, stop, okay? You guys sit down.
Commissioner Henning, go ahead.
Page 70
June 7, 2005
COMMISSIONER HENNING: Let me clarify the motion and .
you can correct me, Commissioner. It's a motion to approve removal
of self-storage out of the parcel and limit the square foot of
commercial space to single user to 20,000 -- not to exceed 20,000.
COMMISSIONER HALAS: Not to exceed 20,000.
CHAIRMAN COYLE: Okay. And that's okay with your
second, Commissioner Fiala?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Aye. .
Any opposed by like sign.
(No response.)
CHAIRMAN COYLE: It carries unanimously.
MR. ARNOLD: Thank you, Commissioners.
MR. MUDD: Commissioner, that brings us to Petition
CP-2004-4. It's a petition requesting an amendment to the future land
use element to change the rural fringe mixed use district sending
lands to add three transfer of development rights, TDR bonus
provisions, each for one TDR credit for, number one, early entry into
the TDR program; number two, environmental restoration and
maintenance; and number three, fee simple conveyance to a
government agency by gift and to amend the rural village
development standards.
And Mr. Bruce Anderson is going to present.
MR. ANDERSON: Good morning again, Commissioners. My
.
Page 71
c
2010 CYCLE ADOPTION ORDINANCE(S)
C EXHIBIT IIA" TEXT AND AND/OR MAP CHANGES
CP-2010-1
c
o
o
o
ORDINANCE NO. 2011-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT,
SPECIFICALL Y AMENDING THE FUTURE LAND USE ELEMENT
TO CHANGE THE SQUARE FOOT LIMIT A TION IN THE
VANDERBILT BEACH ROAD NEIGHBORHOOD COMMERCIAL
SUBDISTRICT FOR CERTAIN USES AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE ADOPTION
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plafi"Ton J 10,9, di
WHEREAS, the Local ~ove~ ctmpr ensivelPlanning and Land Development
~ I t I
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, and Richard D.
Y ovanovich, Esquire of Coleman, Y ovanovich and Koester, P .A. requested an amendment to the
Future Land Use Element of the Growth Management Plan, to modify the language of the
Vanderbilt Beach Road Neighborhood Commercial Subdistrict to allow for a
grocery/supermarket, physical fitness facility, craft/hobby store, home furniture/furnishing store
and department store use to exceed the 20,000 square feet limitation for a single commercial use,
up to a maximum of 50,000 square feet, for Parcell (9.2:1: acres, zoned Bradford Square MPUD)
only, and with the overall maximum development limitation of 100,000 square feet of
commercial land uses on Parcel 1 to remain; the subject portion of the Subdistrict portion of the
Subdistrict is located at the northeast comer of Vanderbilt Beach Road and Livingston Road, in
Section 31, Township 48 South, Range 26 East; and
Words struck through are deletions; words underlined are additions,
* * * * indicate page breaks* * * *
Petition No. CP-20 I 0-1
WHEREAS, Collier County did submit these Growth Management Plan amendments to
the Department of Community Affairs for preliminary review on March 31, 2011; and
WHEREAS, the Department of Community Affairs did review the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its findings in writing
to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations, and Comments Report from the Department of Community Affairs to adopt,
adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the Future
Land Use Element to the Growth Management Plan on September 13,2011; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report; the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the
meetings of the Collier County Pl3ni\in~. ... mi~io !eld 'Ori. !fuly 21, 2011 and August 4, 2011,
. d f~C I. ,~,\ h ld U S b 1 0 d
and the Colher County Boar 0 ....2};!nt 0 ... .)SSlOp.. S e 2n eptem er 3, 2 11; an
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
ADOPTION OF AMENDMENTS TO THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendment to the Future Land
Use Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the
amendments are attached hereto as Exhibit "A" and are incorporated by reference herein.
SECTION TWO:
SEVERABILITY.
.
.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion. .
Words struck through are deletions; words underlined are additions, 2
* * * * indicate page breaks* * * *
Petition No. CP-2010-1
10
o
o
SECTION THREE: EFFECTIVE DATE.
The effective date of these amendments shall be the date a final order is issued by the
Department of Economic Opportunity or Administration Commission finding the amendments in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on these amendments may be
issued or commence before it has become effective. If a final order of noncompliance is issued
by the Administration Commission, these amendments may nevertheless be made effective by
adoption of a Resolution affi.rming its effective status, a copy of which Resolution shall be sent
to the Department of Economic Opporttmity, Bureau of Local Planning, 2555 Shumard Oaks
Blvd., 3cd Floor, Tallahassee, Florida 32399-2] 00.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
BY:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form and
legal sufliciency:
\-\(~\ \\
Heidi Ashton-Cicko \J \ 1.-
Assistant County Attorney
Section Chief: Land Use/Transportation
CP\l O-CMP-00782\1 5
Words struck through are deletions; words underlined are additions,
* * * * indicate page brcaks* * * *
Petition No. CP-20 I 0-1
3
o
o
o
Exhibit A
CP-2010-1
I. URBAN DESIGNATION
[Page 44]
A. Urban Mixed Use District
16. Vanderbilt Beach Road Neighborhood Commercial Subdistrict
The purpose of this Subdistrict is to provide primarily for neighborhood commercial
development at a scale not typically found in the Mixed Use Activity Center Subdistrict.
The intent is to provide commercial uses to serve the emerging residential development
in close proximity to this Subdistrict, and to provide employment opportunities for
residents in the surrounding area. Allowable uses shall be a variety of commercial uses
as more particularly described below, and mixed use (commercial and residential).
Prohibited uses shall be gas stations and convenience stores with gas pumps, and
certain types of fast food restaurants.
This Subdistrict consists of two parcels comprising approximately 17 acres, located on
the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the
Subdistrict Map. For mixed-use development, residential density shall be limited to
sixteen dwelling units per acre. Residential density shall be calculated based upon the
gross acreage of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2).
Rezoning of the parcels comprising this Subdistrict is encouraged to be in the form of a
PUD, Planned Unit Development. At the time of rezoning, the applicant must include
architectural and landscape standards for each parcel.
a. Parcel 1
This parcel is located at the intersection of Livingston Road and Vanderbilt Beach Road.
A maximum of 100,000 square feet of gross leasable floor area for commercial uses
may be allowed. Allowable uses shall be the following, except as prohibited above:
retail, personal service, restaurant, office, and all other uses as allowed, whether by right
or by conditional use, in the C-1 through C-3 zoning districts as set forth in the Collier
County Land Development Code, Ordinance 04-41, as amended, in effect as of the date
of adoption of this Subdistrict (Ordinance No. 2005-25 adopted on June 7, 2005); other
comparable and/or compatible land uses not found specifically in the C-1 through C-3
zoning districts, limited to: general and medical offices, government offices, financial
institutions, personal and business services, limited indoor recreational uses, and limited
retail uses; mixed-use development (residential and commercial uses). The maximum
floor area for any single commercial user shall be 20,000 square feet. except for a
qrocerv/supermarket. physical fitness facility, craft/hobby store. home furniture/furnishinq
store. or department store use. which shall not exceed a maximum of 50,000 square
feet.
(Words underlined are added, words struck through are deleted)
b. Parcel 2
This parcel is located approximately ~ mile east of Livingston Road and is adjacent to .
multifamily residential uses. A maximum of 80,000 square feet of gross leasable floor
area for commercial uses may be allowed. Allowable uses shall be the following, except
as prohibited above: General and medical offices, community facilities, and business
and personal services, all as allowed, whether by right or by conditional use, in the C-1
through C-3 zoning districts as set forth in the Collier County Land Development Code,
Ordinance 04-41, as amended, in effect as of the date of adoption of this Subdistrict
(Ordinance No. 2005-25 adopted on June 7, 2005). The maximum floor area for any
single commercial user shall be 20,000 square feet.
At the time of rezoning of Parcel 2, the developer shall provide restrictions and
standards to insure that uses and hours of operation are compatible with surrounding
land uses. Permitted uses such as assisted living facilities, independent living facilities
for persons over the age of 55, continuing care retirement communities, and nursing
homes, shall be restricted to a maximum of 200 units and a maximum floor area ratio
(FAR) of 0.6. The developer of Parcel 2 shall provide a landscape buffer along the
eastern property line, abutting the Wilshire Lakes PUD, at a minimum width of thirty (30)
feet. At the time of rezoning, the developer shall incorporate a detailed landscape plan
for that portion of the property fronting Vanderbilt Beach Road as well as that portion
along the eastern property line, abutting the Wilshire Lakes PUD.
In addition to the prohibited uses applicable to both parcels. the followino list of uses
shall also be prohibited on Parcel 1.
0742 - Veterinary services for Animal Specialties - Horses are prohibited, other
animals are allowed
0752 - Animal specialty services. except Veterinary (doo oroomino is allowed)
5261 - Retail nurseries, lawn and oarden supply stores
5499 - Poultry dealers - retail and eoo dealers - retail
5531 - Auto and home supply store. except automobile accessory and parts
dealers - retail (no on-site installation)
5813 - Drinkino places (alcoholic beveraoes)
5921 - Liquor stores exceedinq 5.000 square feet
5932 - Uses merchandise stores
5962 - Automatic merchandisinq machine operators
7211 - Power laundries, family and commercial
7215 - Coin-operated laundries and drycleanino
7216 - Drycleanino plants, except ruo cleanino
7299 - Miscellaneous personal services. not elsewhere classified
Coin operated service machine operations
Comfort station operation
Escort service
Locker rental
Massaoe parlors (except those employino licensed therapists)
Rest room operation
Tattoo parlors
Turkish baths
Weddino chapels, privately operated
.
(Words underlined are added, words struck through are deleted)
.
2
o
7389 - Business services. not elsewhere classified, except Appraisers
7623 - Refriqeration and air-conditioninq service and repair shops
7629 - Electrical and electronic repair shops, not elsewhere classified
7641 - Re-upholsterv and furniture repair
7692 - Weldinq repair
7694 - Armature rewindinq shops
7699 - Repair shops and related services, not elsewhere classified
7841 - Adult oriented video tape rental
7993 - Coin operated amusement devices
8641 - Civic, social and fraternal associations
CCPC Recommendation: Not part of the Subdistrict Text
As a condition of approval, and prior to the adoption of this Growth Management Plan
amendment, the owner shall record in the official land records restrictive covenants for
the benefit of surrounding property owners, including the Orchards, Village Walk,
Tiburon at Pelican Marsh and Wilshire Lakes, that will prohibit the prohibited uses
contained within the Subdistrict.
o
o
(Words underlined are added, words struck through are deleted)
3
-....
~
,.-....
~
BCC 2010 CYCLE
TRANSMITTAL EXECUTIVE SUMMARY
~.....
..........
o
I)
o
EXECUTIVE SUMMARY
Recommendation to approve the 2010 Cycle of Growth Management Plan Amendments,
including one 2008 Cycle Petition, for transmittal to the Florida Department of Community
Affairs (DCA) for review and objections, recommendations and comments (ORC) response.
(Transmittal Hearing)
OBJECTIVE:
For the Board of County Commissioners to review the 2010 cycle of amendments to the Collier
County Growth Management Plan and consider approving said amendments for transmittal to the
Florida Department of Community Affairs.
CONSIDERATIONS:
· Chapter 163, F.S., provides for an amendment process for a local government's adopted
Growth Management Plan.
· The (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their
Transmittal hearing for the 2010 cycle petitions on December 16, 2010 and January 20, 2011
(CP-201O-l and CPSP-201O-2), and February 17, 2011 (CPSP-2010-5), and October 19 and
20,2009 (CP-2008-1).
· This Transmittal hearing for the 2010 cycle considers amendments to the following Elements
of the Plan:
o Future Land Use Element (FLUE) and Future Land Use Map and Map Series; and,
o Golden Gate Area Master Plan (GGAMP) and Future Land Use Map and Map Series.
Note: Because the support materials are so voluminous, and some exhibits are oversized, the
Agenda Central system does not contain all of the related documents pertaining to these GMP
amendment petitions. The entire Executive Summary package, including all support materials, is
included in the binders provided separately to the BCC specifically for the 2010 cycle of GMP
amendment petitions. The complete binder is available for review in the Comprehensive Planning
Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of CourtslMinutes
and Records office at 3299 Tarniami Trail East, Suite 401.
FISCAL IMPACT:
There are fiscal impacts to Collier County as a result of these amendments. Existing staff resources
and existing (or budgeted) contracted services were used to prepare and process the two County-
initiated petitions, and the existing budget was used to pay for the required special legal
advertisements (for the Wellfields Protection Areas map) as well as the separate CCPC legal ad for
petition CPSP-201O-5 (authorized by BCC on 12/14/10). The cost to process, review and advertise
the private sector petitions is borne by the petitioners via the application fees. Final action is not
being taken at this time as these amendments are not being considered for adoption at this hearing.
If approved for transmittal, these amendments will subsequently be considered for adoption at
hearings to be held later in 2011.
1
As to the staff request for BCC authorization to initiate Land Development Code (LDC) .
amendments necessitated by certain portions of petition CPSP-201O-2 - including update of the '
wellfield risk management special treatment overlay zone maps in the LDC, existing staff resources
will be used to prepare and process those amendments.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed by the County Attorney's office.
These proposed Growth Management Plan amendments are authorized for consideration by local
government, and subject to the procedures established, in Chapter 163, Part II, Florida Statutes, The
Local Government Comprehensive Planning and Land Development Regulation Act, and by local
Resolution #97-431, as amended. A majority vote of the Board is necessary for Transmittal to
DCA. [HFAC]
GROWTH MANAGEMENT IMPACT:
Approval of these proposed amendments by the Board of County Commissioners for Transmittal to
the Florida Department of Community Affairs will commence the Department's sixty-day (60)
review process and ultimately return these amendments to the Planning Commission and the Board
of County Commissioners for final Adoption hearings to be held later in 2011.
. ENVIRONMENTAL ISSUES:
.
No listed plant and/or animal species have been observed or are known to be on the site of petition
CP-2008-l, nor does that site contain jurisdictional wetlands. For the other two site-specific
petitions (CP-20l0-1 and CPSP-201O-5), environmental conditions of the sites have not changed
since the prior GMP amendment approvals in 2005 that established the existing respective
subdistricts, and neither of the present petitions propose an increase in overall use intensity or
density. As part of the process of obtaining subsequent development orders (e.g. rezone and/or
conditional use, site development plan), the sites will be subject to all applicable local, state and
federal environmental protection regulations, including applicable portions of the Conservation and
Coastal Management Element of the GMP, and the Land Development Code.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
None of the three proposed site-specific GMP amendment petitions contain lands identified on the
County' s Historical/Archeological Probability Maps as being in areas of historical or archaeological
probability. As part of the process of obtaining subsequent development orders, the sites will again
be subject to review for historical/archeological probability.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Most Growth Management Plan amendments are not reviewed by the EAC. However, the EAC did
review, on December 1, 2010, that portion of petition CPSP-201O-2 regarding update of the
.
2
o
Wellfield Protection Areas Map in the Future Land Use Map Series contained in the FLUE. The
EAC forwarded that petition with a recommendation to transmit to DCA (vote: 3/0).
STAFF RECOMMENDATION:
Staff recommendation follows each individual petition listed below.
COLLIER COUNTY PLANNING COMl\fiSSION (CCPC) RECOMMENDATION:
The CCPC's recommendation follows each individual petition listed below. Note: Where the
CCPC forwarded a recommendation of approval, the text in the Resolution Exhibit A reflects the
CCPC recommendation. In the case of CP-200S-1, where the CCPC recommendation for approval
failed by virtue of a tie vote, the text in the Resolution Exhibit A reflects the petitioner's proposed
text - as revised subsequent to the CCPC hearing, BCC hearing in 2010 and referendum in 2010.
1. PETITION CP-2008-1, Petition requesting an amendment to the Golden Gate Area Master
Plan (GGAMP) and Golden Gate Area Master Plan Future Land Use Map and Map Series. to
create the Estates Shopping Center Subdistrict to allow a maximum of 190,000 square feet of
commercial uses of the C-4 zoning district, with exceptions, and some uses of the C- 5 zoning
district, with requirement to construct a grocery store, for property located on the north side of
Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4,
Township 49 South, Range 27 East, consisting of :!::40.62 acres. [Coordinator: Michele Mosca,
AICP, Principal Planner]
o Staff Recommendation - October 2009: That the CCPC forward petition CP-200S-l to the BCC
with a recommendation not to approve for transmittal to the Florida Department of Community
Affairs.
CCPC Recommendation: At the CCPC hearing, the petitioner verbally proposed two changes to
the amendment: 1) reduce building height from two stories to one story; and, 2) reduce the proposed
building area from 225,000 square feet to 210,000 square feet. There was no CCPC
recommendation on revised petition CP-200S-1 by virtue of a tie vote (414). The failed motion to
approve was subject to staff alternative text in the Staff Report, but revised to: 1) keep the list of
allowable uses #1-27 as proposed by petitioner, but delete #28 [this requires a re-lettering of
paragraphs]; 2) revise paragraph "a.12" to reflect the correct SIC Code term; 3) revise paragraph
"a." to add a "catchall" prohibited use #14; 4) revise paragraph "b." to reduce the total allowable
building area from 225,000 s.f. to 210,000 s.f., as proposed by the petitioner at the hearing, and to
modify the building floor area term; 5) revise paragraph "c." to recognize the potential for more
than one grocery use; 6) revise paragraph "e.!." pertaining to the timing of right-of-way donation;
and, 6) delete paragraph "n." pertaining to common architectural theme. The text that reflects the
CCPC's unsuccessful motion is contained in the document titled "CCPC Transmittal
Recommendation for CP-200S-l."
o
Speakers: There were nine speakers. Two speakers were in favor of the petition, noting there is a
need and desire for more commercial and that the petitioner has worked to resolve neighborhood
concerns. One of those two sfeakers represented the First and Third Group, a group of neighbors
near the subject site (15t and 3r Streets NW); he presented a specific list of permitted and prohibited
3
uses, with SIC Codes, the Group endorsed. Seven speakers were opposed to the petition, citing
these concerns: project will increase traffic; there are adequate shopping opportunities in or near .
Golden Gate Estates (GGE); negative impacts during project construction; commercial should not
be located in the interior of GGE; project will attract undesirable animals (rats, then snakes that eat
rats); not consistent with GGAMP allowance for commercial and maintenance of rural character;
questions whether there's enough population in GGE to support this amount of commercial; will
disrupt the tranquility, quiet, nature and [nighttime] darkness the speakers moved to GGE to enjoy.
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted revised proposed
subdistrict text and conceptual map to reduce building area from 225,000 sJ. to 210,000 sJ.;
increase landscape buffers; and, increase building setbacks. Also, the petitioner submitted
additional data and analysis.
BCC Action - January 2010: With the petitioner's concurrence, the BCC continued this petition
indefinitely so as to allow the petitioner to place this proposal as a non-binding referendum (straw
vote) on the November 2010 ballot.
Post-BCC/Post-Referendum Action: Subsequent to the November 2010 General Election, the
petitioner submitted a revised petition with updated data and analysis (infrastructure impacts, needs
analysis) to reflect a cap of 190,000 s.f. of commercial development. Staffs detailed review and
evaluation of the revised petition, and the election results, are contained in the document titled "CP-
200S-l Supplemental Report for the BCC."
STAFF'S CONCLUSION AND RECOl\1MENDATION:
Based on the data and analysis submitted, the proposed site would be more appropriate for a
neighborhood commercial sized center with the corresponding C-l through C- 3 commercial uses of
the Land Development Code, with a limitation of a 20,000 square feet cap for individual users, with
the exception that the grocery use may exceed the cap. Additionally, staff recommends eliminating
the Conceptual Site Plan within the Master Plan as it is unprecedented to incorporate a site plan into
the GMP, and the environmental data provided on the site plan is inadequate to determine
compliance with the Policies of the Conservation and Coastal Management Element.
.
The discrepancy between the petitioner's request and staff s recommendation was heard by the
Board on January 19, 2010 at which time the Board directed staff to seek the community's desire
through a straw-poll ballot. While staff continues to support a moderately sized commercial center,
the public (via referendum) overwhelmingly supported a 190,000 square feet center.
As noted previously herein, the Florida Senate Report provides that if the commercial ratio of 1.25
is exceeded, other factors, such as suitability of property for change, locational criteria, job creation,
community desires, etc., may be considered. Accordingly, despite staff's finding that the technical
Needs Analysis does not support the petition as proposed within the Comprehensive Plan planning
horizon of 2020, the Board of County Commissioners may consider the following factors in
reaching a decision to approve this petition. The petition does provide for a reduction in vehicle
miles traveled, local job creation and has community support.
.
4
2. PETITION CP-2010-1, Petition requesting an amendment to the Future Land Use Element
(FLUE), to modify the language of the Vanderbilt Beach Road Neighborhood Commercial
Subdistrict to allow a grocery/supermarket, physical fitness facility, craft/hobby store, home
furnishing store and department store use to exceed the 20,000 square feet limitation for a single
commercial use, up to a maximum of 50,000 square feet, for Parcell (I9.2 acres, zoned
Bradford Square MPUD) only, and with the overall maximum development limitation of
100,000 square feet of commercial land uses on Parcel 1 to remain; the subject portion of the
Subdistrct is located at the northeast corner of Vanderbilt Beach Road and Livingston Road in
Section 31, Township 48 South, Range 26 East. [Coordinator: Michele Mosca, AICP, Principal
Planner]
The Vanderbilt Beach Road Neighborhood Commercial Subdistrict was established in 2005 and
comprises two non-contiguous parcels that generally allow commercial uses found in the C-1
through C- 3 zoning districts. Each parcel has an overall building square feet cap, and each parcel
includes a maximum size for any individual commercial use of 20,000 square feet. This petition,
which applies to Parcell only, seeks to increase the individual use cap to 50,000 square feet for
certain specified uses.
Staff Recommendation: That the CCPC forward petItIOn CP-2010-1 to the BCC with a
recommendation to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: That the BeC approve petition CP-201O-l, as submitted by the
petitioner and modified at the hearing to add a list of prohibited uses, for transmittal to the Florida
Department of Community Affairs, and to require, by adoption hearings, the recordation of deed
restrictions listing the same prohibited uses (vote: 9/0).
Speakers: There was one speaker, representing surrounding neighborhoods; he did not oppose the
petition and generally was in support.
3. PETITION CPSP-2010-2, Staff petition requesting amendments to the Future Land Use
Element and Future Land Use Map and Map Series (FLUElFLUM), to: modify the
Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO); modify FLUE Policy 5.1;
modify applicability of the Office and Infill Commercial Subdistrict; update the Wellhead
Protection Map; update the FLUM and Map Series to reflect annexations, etc.; make PLUM
boundary corrections in rural areas; and, add clarity, correct date errors, and make other non-
substantive text revisions. [Coordinator: David Weeks, AICP, GMP Manager]
On September 14, 2010, the BCC authorized County Manager or designee to initiate this petition
which proposes various amendments to the Future Land Use Element and Future Land Use Map
and Map series. Most of the amendments seek only to add clarity, correct errors and omissions,
provide updates to map features, and provide harmony and internal consistency. However,
exceptions include: 1) changes to Policy 5.1 to allow redistribution of use density and intensity; 2)
modification of the Office and Infill Commercial Subdistrict pertaining to its applicability; 3)
changes to the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) to delete a
development standard, add a use, and add clarity regarding applicability of FLUE Policies; and, 4)
update the Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map,
based upon most recent hydrologic modeling, as required by Objective 1 of the Natural
5
Groundwater Aquifer Recharge Sub-Element and subsequent policies, and Objective 3.3 of the
Conservation and Coastal Management Element and subsequent policies.
Staff Recommendation: That the CCPC forward petition CPSP-201O-2 to the BCC with a
recommendation to approve for transmittal to the Florida Department of Community Affairs.
(Subsequent to the ccpe hearing, staff is requesting Board authorization to initiate, immediately,
an amendment to the LDC to update the Wellfields risk management zone maps to correlate with
the update to the Wellhead Protection Map so that the LDC amendment may be considered
concurrent with the Adoption hearing for this cycle of GMP amendment petitions.)
CCPC Recommendation: That the Bce approve petition CPSP-201O-2 for transmittal to the
Florida Department of Community Affairs (vote: 9/0), per County Manager or designee
recommendation except subject to modifications to FLUE Policy 5.1 and the Office and Infill
Commercial Subdistrict - both for clarity/brevity/simplicity, and revision to the Wellfields
Protection Map to add Marco Island Utilities' Marco Lakes (in northeast quadrant of US-41
East/Collier Blvd. intersection).
Speakers: None.
4. PETITION CPSP-2010-5, Staff petition requesting an amendment to the Future Land Use
Element and Future Land Use Map and Map Series, to modify the Davis Boulevard/County
Barn Road Mixed-Use Subdistrict by changing it from mixed use to residential and limiting
density to a maximum of 5 dwelling units per acre - or possibly repealing the subdistrict in its
entirety; the subdistrict is located at the southeast corner of Davis Blvd. (SR 84) and County ~.
Barn Road, in Section 8, Township 50 South, Range 26 East, containing of ::t22.83 acres. ."".
[Coordinator: Corby Schmidt, AICP, Principal Planner]
On December 14,2010, the BCC held a public hearing to consider rezone petition PUDZ-2004-AR-
6829 for the Davis Reserve Mixed-Use Planned Unit Development (MPUD) at the subject site.
During that hearing, the applicant withdraw that rezone petition; the BCC directed County Manager
or designee to initiate a GMP amendment to the Davis Boulevard/County Barn Road Mixed-Use
Subdistrict to remove the traditional neighborhood development requirement, the commercial
component, and the affordable housing requirement - with the applicant stating "no objection" to this
direction; and, the applicant committed to request a PUD rezone that eliminates the retail and limits the
maximum density to five dwelling units per acre (DU/A), and to pay costs for that rezone. From the
BCC direction, staff developed two alternatives:
Alternative 1: Modify the Subdistrict to eliminate the commercial component, affordable housing
requirement, and all design and development standards, and limit density to a maximum of 5 DU/A;
and,
Alternative 2: Eliminate the entire Subdistrict and re-designate the site as Urban Residential
Subdistrict (the site's designation prior to 2005 when the Davis Boulevard/County Barn Road
Mixed-Use Subdistrict was established).
Staff Recommendation: That the CCPC forward petition CPSP-201O-5 to the BCC with a
recommendation to approve Alternative 2 for transmittal to the Florida Department of Community
Affairs.
6
lir'tr'M1lUJJIlj il'QIJj'Mlin iIi.!"L .1U;j!'_~'
o
o
o
CCPC Recommendation: That the BCC approve petition CPSP-201O-5, per County Manager or
designee recommendation, for transmittal to the Florida Department of Community Affairs (vote:
9/0).
Speakers: None.
STAFF RECOMMENDATION:
Staff recommendations for the 2010 cycle of Growth Management Plan amendments, including one
2008 cycle petition, are as reflected above following each petition. Additionally, County Manager
or designee is requesting Board authorization to initiate, immediately, an amendment to the LDC to
update the Wellfields risk management zone maps to correlate with the update to the Wellhead
Protection Map in the FLUE (part of petition CPSP-2010-2) so that the LDC amendment may be
considered concurrent with the Adoption hearing for this cycle of GMP amendment petitions.
CCPC RECOMMENDATION:
The Collier County Planning Commission held their required public hearing on October 19 and 20,
2009 (CP-2008-l), and December 16, 2010 and January 20, 2011 (CP-201O-l and CPSP-201O-2),
and February 17, 2011 (CPSP-201O-5, 2010). The CCPC forwarded the 2010 cycle of Growth
Management Plan amendments, including one 2008 cycle petition, to the Board of County
Commissioners with recommendations as reflected above following each petition.
Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Land
Development Services Department, Growth Management Division/Planning and
Regulation
Attachments: 1) CP-2008-l Supplemental Report for the BCC; 2) CP-2008-1 Resolution with
Exhibit "A" Text; 3) CP-201O-1 Resolution with Exhibit "A" Text; 4) CPSP-201O-2 Resolution
with Exhibit "A" Text; 5) CPSP-2010-5 Resolution with Exhibit "A" Text
Executive Summary Transmittal 201 0 Cycle GMPAs & CP-08-1 as edited per Judy-Nick
G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2oo9-201o Combined Cycles petitions\201o Cycle
Petitions\BCC Transmittal dw/3-3-11
7