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Staff ReportsSTAFF REPORTS GMP AMENDMENTS ADOPTION HEARINGS JUNE 15, 2010 SPECIAL AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., ON TUESDAY, JUNE 15, 2010 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN 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. PLANNING COMMISSION ABSENCES 4. ADVERTISED PUBLIC HEARINGS A. CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Mau Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, Planning Manager] 2007/2008 Combined Cycle GMP Amendments, including a 2009 Petition 1 B. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use May and May Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed 411,950 square feet of commercial uses of the C-4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8h Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] C. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and May Series, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] D. CPSP- 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] E. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use May and May Series (FLUE/FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami- Dade/Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. [Coordinator: David Weeks, AICP, Planning Manager] 6. ADJOURN 2007/2008 Combined Cycle GMP Amendments, including a 2009 Petition 2 Agenda Items 4. A., B., C., D., E. Cori l.'fe-� Cou-ar�.ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION /PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: JUNE 2, 2010 SUBJECT: 2007 -2008 COMBINED CYCLES OF GROWTH MANAGEMENT PLAN AMENDMENTS, INCLUDING ONE 2009 CYCLE PETITION (ADOPTION HEARING) ELEMENTS: 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 At time of the Collier County Planning Commission (CCPC) Transmittal hearings, this combined cycle of GMP amendments consisted of ten petitions - nine private sector petitions and one County- initiated petition. However, only four private sector petitions remain now at Adoption; one petition was continued indefinitely at the BCC Transmittal hearing at petitioner's request, and four petitions were withdrawn. The remaining five petitions in this cycle are addressed herein. Transmittal hearings on these amendments were held on September 2, 2009 (EAC, Environmental Advisory Council) for petitions CP- 2008 -4 and CP- 2009 -1 only; October 19 and 20, 2009 (CCPC); and, January 19, 2010 (BCC, Board of County Commissioners). The respective Transmittal recommendations /actions are presented below, following each petition number and title. Within the CCPC binder containing staff documents, you will find the modified Transmittal Executive Summary (reflects deletion of the withdrawn /continued petitions) and certain attachments referenced therein, the Transmittal CCPC staff report for each petition, and both the Transmittal and Adoption EAC staff reports (for petitions CP -2008- 4 and CP- 2009 -1 only), all of which provide staff's detailed analysis of each petition. 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 amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: Agenda Items 4. A., B., C., D., E. 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand /has misunderstood the amendment] and /or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and /or provide additional data and analysis; or, 4. not adopt the amendment. In their April 5, 2010 ORC Report for the 2007 -2008 combined cycles of GMP amendments, DCA offers six Objections relevant to the remaining petitions; two Objections pertain to petition CP- 2008 -2, one Objection pertains to petition CP- 2008 -4, and three Objections pertain to petition CP- 2009 -1. The entire ORC Report, which includes comments from other state and regional review agencies, is included in the CCPC binder containing staff documents. Each petitioner has provided a response(s) to the Objections and Comments, located with the petition. The ordinances proposed for adoption include text and map exhibits for each petition; those exhibits (unchanged since BCC Transmittal) are located within the CCPC binder containing staff documents. Each of the four private sector petition submittals includes the petitioner's response to the ORC Report issues. PROPOSED AMENDMENT A. PETITION CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care, and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, GMP Manager] TRANSMITTAL STAFF RECOMMENDATION: Do not transmit to DCA. CCPC RECOMMENDATION: Transmit to DCA (vote: 8/0), subject to text changes. BCC ACTION: Transmit to DCA (vote: 4/0), per CCPC recommendation. ADOPTION Subsequent to Transmittal hearings, the petitioner has submitted the following documents (which are located within the CCPC binder(s) immediately preceding the full petition package): ■ Revised petition cover letter dated May 6, 2010; ■ Revised petition form, specifically modifying the proposed subdistrict text on page 4 to clarify maximum height is "zoned" height and to allow greater height for worship center than other structures; ■ Revised letter of authorization dated May 5, 2010; ■ Revised TIS dated April 27, 2010; and, ■ ORC Report Response letter dated April 29, 2010. Agenda Items 4. A., B., C., D., E. STAFF RECOMMENDATION: Do not transmit to DCA. B. PETITION CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow a total of 401,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] TRANSMITTAL STAFF RECOMMENDATION: Do not transmit to DCA. CCPC RECOMMENDATION: Transmit to DCA (vote: 6/2), subject to text revisions. BCC ACTION: Transmit to DCA (vote: 4/0), per CCPC recommendation. ADOPTION Subsequent to Transmittal hearings, the petitioner submitted the following new and revised documents to support the petition (which are located within the CCPC binder(s) immediately preceding the full petition package). • Objections, Recommendations and Comments (ORC) Response addressing the Department of Community Affairs' Objections (new), dated May 7, 2010, from Tim Hancock, AICP, Davidson Engineering • Objections, Recommendations and Comments (ORC) Response addressing State Agencies' Comments (new), dated May 7, 2010, from Tim Hancock, AICP, Davidson Engineering • Developer Contribution Agreement — DRAFT, dated May 7, 2010 (revised but not final; additional revisions expected to be presented at CCPC Hearing) • Exhibit A, Application and Supporting Documents (revised, received June 1, 2010) — various pages have been revised or deleted due to the removal of Tract 71 from this petition (Tract 71 remains within the [existing] subdistrict) • Exhibit C, Subdistrict Text (revised, received June 1, 2010) — (1) Tract 71 has been removed from the submittal (existing Randall Blvd. PUD, approved for 21,000 sq. ft. of commercial development and developed with a ± 3,448 sq. ft. convenience mart with gas pumps), development standards and list of permitted and prohibited uses from the original Randall Boulevard Commercial Subdistrict have been reinstated for Tract 71 only, and the 10,000 square feet of commercial development allocated to Tract 71 as part of the GMPA submittal has been eliminated; (2) The total project square feet has been reduced from 411,950 to 401,950 to reflect the removal of the 10,000 square feet allocated to Tract 71; (3) Project phasing has been added, limiting first phase of development to 100,000 square feet; and, (4) A grocer, with a minimum of 35,000 square feet of GFA, has been added as a requirement of the first phase of project development • Exhibit N, Traffic Impact Statement (revised, dated May 28, 2010) — TIS revised to reflect project phasing, revised project square feet and land use allocation, revised project build -out of 2018, etc. Agenda Items 4. A., B., C., D., E. Green House Gas Reduction Analysis (revised, received May 28, 2010) — Analysis revised to reflect removal of square feet allocated to Tract 71, and the annual VMT reductions and Carbon Dioxide reductions for years 2010 thru 2060 Exhibits G1, G 1 a, G 1 b and H1, H 1 a, H1 b (revised, received May 28, 2010) — Analysis revised to generally reflect commercial demand within the project trade area and Golden Gate Estates, 2 -miles east of Collier Boulevard, by project build -out in 2020 and to year 2030. STAFF RECOMMENDATION: Do not transmit to DCA. C. PETITION CP- 2008 -4 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed Use District ( RFMUD) Sending Lands to RFMUD Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] TRANSMITTAL STAFF RECOMMENDATION: Transmit to DCA. EAC RECOMMENDATION: Transmit to DCA (vote: 5 -0). CCPC RECOMMENDATION: Transmit to DCA (vote: 8/0), per staff's recommendation, and with requirement that the petitioner is to submit to staff prior to the BCC Transmittal hearing data and analysis regarding HB 697 (pertaining to greenhouse gas emissions, lowering vehicle miles traveled, etc.). [This was done and deemed acceptable by staff.] BCC ACTION: Transmit to DCA (vote: 5/0), per CCPC recommendation. ADOPTION In response to the Objection raised by DCA, the petitioner has submitted the following documents (which are located within the CCPC binder(s) immediately preceding the full petition package): • ORC Response and Rebuttal letter to DCA Chief Mike McDaniel from Dwight Nadeau, AICP, RWA Consultants, dated April 30, 2010; • Application Attachment C (revised), General Aerial Location Map, hi- lighting landfill property and nearby PUDs; • Application Attachment F -1 (new), "de facto" existing Future Land Use Map, showing landfill property as Neutral Lands and providing an explanation for doing so; and, • Environmental Response to ORC from Michael Ramsey, Environmental Consultant, dated April 27, 2010. Additionally, CP- 2008 -4 was transmitted with the following stipulation, which is not part of Exhibit "A" or the actual GMPA: One hundred thirty (130) feet be reserved along the southerly property boundary for future road right -of -way at such time that zoning action is undertaken to allow the proposed land uses. Agenda Items 4. A., B., C., D., E. STAFF RECOMMENDATION: Adopt as transmitted except remove the road right -of -way commitment and replace it with the following comment: • The applicant has met with County staff and realizes that the Long Range Transportation Plan recommends a roadway corridor in the vicinity of the project's southern boundary. It is understood that at this time, only a corridor study has been completed for this roadway. Construction plans have not been completed for this roadway nor is construction of this roadway within the Five (5) year Capital Improvement Plan. The applicant pledges to work with the County in regards to potential right -of -way dedications, but due to the uncertainness of the County's plans for the roadway corridor that would affect this project, the County is only putting the applicant on notice that a roadway corridor could impact this project site in the future. Neither the petitioner's modifications noted above nor the above recommended statement affect the mapped or text portions of Exhibit "A" for petition CP- 2008 -4. EAC RECOMMENDATION: To be presented at CCPC hearing or in a supplemental staff report (meeting is scheduled for June 2, 2010). D. PETITION CPSP- 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] TRANSMITTAL STAFF RECOMMENDATION: Transmit to DCA. CCPC RECOMMENDATION: Transmit to DCA (vote: 8/0). BCC ACTION: Transmit to DCA (vote: 5/0). ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. E. PETITION CP- 2009 -1 Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. [Coordinator: David Weeks, AICP, Planning Manager] TRANSMITTAL HEARING STAFF RECOMMENDATION: Do not transmit to DCA. EAC RECOMMENDATION: Transmit to DCA (vote: 3 -2), subject to text changes. CCPC RECOMMENDATION: Effectively, no recommendation — motion to Transmit to DCA failed (vote: 4/4), subject to text changes. BCC ACTION: Transmit to DCA (vote: 4/0), per CCPC recommendation and subject to further text changes. Agenda Items 4. A., B., C., D., E. ADOPTION HEARING The petitioner submitted a 51 -page response to the ORC Report (which is located within the CCPC binder(s) immediately preceding the full petition package). STAFF RECOMMENDATION: Do not transmit to DCA. EAC RECOMMENDATION: To be presented at CCPC hearing or in a supplemental staff report (meeting is scheduled for June 2, 2010). STAFF RECOMMENDATION OVERALL: That the CCPC forward petitions CP- 2008 -4 and CPSP- 2008 -7 to the BCC with a recommendation to adopt, as noted in this Staff Report, and to transmit to the Florida Department of Community Affairs; and, forward petitions CP- 2007 -3, CP- 2008 -2 and CP- 2009 -1 to the BCC with a recommendation not to adopt. Prepared By: t ll_ " Date: David Weeks, AICP, GMP Manager Comprehensive Planning Section Reviewed By: Date: Michael Bosi, AICP, Planning Manager Comprehensive Planning Section Reviewed By: Date: i iam D. Loren , Jr., F ., Director Land Development Services Department Approved By: Date: Nick Casalan a, D'0`pLjPf0Administrator Growth Management Division COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN 6 - 2 -/v 06 oz-2 -c"'0 2007 -2008 combined cycles GMPAs - Adoption (petitions CP- 2007 -3; CP- 2008 -2 & -4; CPSP- 2008 -7; CP- 2009 -1). Staff Report for June 15, 2010 CCPC hearing. NOTE: This petition has been scheduled for the July 28, 2010 BCC hearing. CCPC Staff Report Adoption 2007 -2008 combined cycles G: \Comprehensive \COMP PLANNING GMP DATA\Comp Plan Amendments\2007 -2008 Combined Cycle Petitions \CCPC Adoption dw /6 -2 -10 PENDING GMPAs LOCATIONS (2007/2008 COMBINED CYCLE) EAST OF CR 951 z Corkscrew Islas / . Nelghtiorhood� Commercial Subdistrict LEE COUNTY CONSERVATION i RFMUD Pending GMPA CP- 2007 -2 (Immokalee(Oil Well Rd Commercial Subdistrict) Acres: 10.3 Proposed Commercial SQFT: 70,000 Pending GMPA CP- 2007 -1 DR7-1 »2 (Wilson Blvd Commercial Subdistrict) AN G Acres: 5.17 Proposed Commercial SQFT: 40,000 0 FEAR 0- HERITAGE- RFMUD I 10RANG' O BAY'PUDi� ! ORANGE / /M /// IMMOKALEE RD _____ Mixed Use MIR -MAR PUD R I c LAND Activity Center #3 I Randall Blvd Commercial Subdistrict SO NOMA OAKS MISSON :•:•• 7 ° HILLS m Western Estates -: z _ -- InfllLSubdistrict ;!. i c - -_ N CAROLINA VILLAGE Collier/Pine Ridge Neighborhood Center r Pending GMPA CP- 2008.1 (Estates Shopping Center Subdistrict) —" Acres: 41 Proposed Commercial SQFT: 225,000 9 •\Comm I fIII S bd' t ' t `- IMMOKALEE RD E RLSA C ln#% RLSA 1 _ Pending GMPA CP-2007-3 TOWN SEUNIVERSITY (Mission Subdistrict) Acres: 21.72 Proposed j Proposed SQFT: 90,000 (2,500 SQFT Commerical) `r/J OIL WELLIRD _i i CR_858 PJ RANDALL BLVD i Legend - Pending GMPAs (East of CR951) ! Pending GMPA CP- 2008 -2 ! (Randall Blvd Commercial Subdistrict) =Existing Commercial Parcels ! Acres: 56.50 Proposed Commercial SQFT: 390,950 L—_ =Vacant & Potential Commercial Parcels ! o i Major Roads i RLSA Major CPUD /MPUD ° Golden Gate Estates m yz I o I n RLSA �^„t ^;ti2'•w•.•' GOLDEN GATE BLVD W Wilson /Golden Gate Blvd Neighborhood Center a ni u Isnc - -- i I �Colher Blv. I RFM U D Comm Subdistrict + RFMUD- Neutral ^ RFMUD- Receiving x Everglades /Golden Gate Blvd Neighborhood Center L RFMUD- Sending Conservations I "-� 2 ''.�. GIs MAPPING BETH YANG COMPREHENSNE PLANNING DEPARTMENT^ , DATE: June 2, 2010 TO: Collier County Planning Commission (and others) FROM: Comprehensive Planning Department SUBJECT: 2007/2008 Combined Cycle Adoption Amendments, including a 2009 Petition to the Growth Management Plan CCPC Advertisement - CCPC Hearing — June 15, 2010 Due to the timing of the Planning Commission meeting advertisement, we are unable to provide copy of the official affidavit as proof of advertisement at this time. However, as soon as the official affidavit has been received it will be provided in the binders going to the Board of County Commissioners for hearing on July 28, 2010. Comprehensive Planning Department PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Tuesday, June 15, 2010 at 8:30 a.m. in the Collier Coun- ty Commissioners Boardroom, 3rd Floor, W. Harmon Turner Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. The purpose of the hearing is to consider the adoption of amendments to the Growth Management Plan; specifically to the Future Land Use Element, including the Future Land Use Map and Map Series, and the Golden Gate Area Master Plan, including the Golden Gate Area Master Plan Future Land Use Map and Map Series; The Ordinance titles are as follows: ORDINANCE NO. 10- 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 TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858),1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of :21.72 acres. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- 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 TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Mop Series. to expand and modify the Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed 411,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of *56.5 acres. [Coor- dinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FORTHE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Ma Sp eries, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of *28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] ORDINANCE NO. 10- 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 TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CPSP - 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- 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 TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM . to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608* acres. [Coordinator: David Weeks, AICP, Planning Manager] d ' Collier County Florida All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Services Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department. (239- 252- 2387). Written comments filed with the Land Development Services Department prior to Tuesday, June 15, 2010, 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 testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -6380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Mark P. Strain, Chairman Collier County Planning Commission No 2 311 62 4 31 __ rev 30 2010 CP- 2007 -3 Mission Subdistrict co t C =►e-.- co -u-K�y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION Agenda Item Ak' �4 FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: October 19, 2009 RE: PETITION CP- 2007 -3, MISSION SUBDISTRICT, GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Beth Yang, AICP, Principal Planner AGENT /APPLICANT /OWNERS Agent: Mr. Robert Duane Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Applicant/ Tom Gemmer, Director of Administration Owner: Emmanuel Evangelical Lutheran Church of Naples 777 Mooring Line Drive Naples, FL 34102 GEOGRAPHIC LOCATION: The subject property, containing 21.72 + acres, is located on the south side of Oil Well Road, approximately one - quarter mile west of Everglades Boulevard, within Section 19, Township 48 South, Range 28 East, and is located within the Rural Estates Planning Community. The proposed Subdistrict is within the Estates Designation, Estates -Mixed Use District, Residential Estates Subdistrict (See aerial and zonina maps below). CP- 2007 -3 Mission Subdistrict Agenda Item '-REQUESTED ACTION: This petition seeks to amend the existing Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map Series (GGAFLUM) of the Collier County Growth Management Plan by: 1. Amending Policy 1.1.2.A (Page 4) of the Estates -Mixed Use District to add the Mission Subdistrict; 2. Following Golden Gate Institutional Subdistrict (Page 33), add #5 the Mission Subdistrict; and 3. Creating a new Golden Gate Area Future Land Use Map series map depicting this new Subdistrict, and amending the Future Land Use Map to add this new Subdistrict. The proposed change to Policy 1.1.2.A and the proposed Subdistrict text is as follows: (Single underlined text is added, as proposed by the petitioner.) Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. ESTATES -MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Mission Subdistrict [new text, page 4] 2. ESTATES DESIGNATION A. Estates -mixed Use District 5. Mission Subdistrict [new text, page 33] This Subdistrict is located on the south side of Oil Well Road approximately one - quarter mile west of Everglades Boulevard and consists of 21.72 acres The purpose of the Subdistrict is to provide for a church and related uses. These uses would include the following uses in the Commercial Professional and General Office District C -1 • child care services: health services, offices and clinics, limited to a maximum of 2,500 square feet of floor area: social services individual and family; Activity Centers elderly handicapped only, day care centers, adult and handicapped only, religious organizations churches and educational plants (private school). The maximum total floor area allowed is 90,000 square feet. The maximum height of buildings shall be 30 feet Development in the sub district shall be designed to be compatible with the existing and future development in the surrounding area. In the alternate to the foregoing uses and measures of development intensity, the Subdistrict may be developed with single family dwellings at a density of one dwelling unit per 2.25 acres. PROJECT DESCRIPTION This petition proposes to create a new Subdistrict in Golden Gate Estates on ±22 acres to allow up to 90,000 square feet of institutional uses, inclusive of 2,500 square feet of CP- 2007 -3 Mission Subdistrict Agenda Item s medical uses. Per the petition, it is anticipated the site will be developed as a church campus with related uses — including limited medical facilities for community outreach. Historically, a church campus may include the sanctuary with associated administrative offices, recreation buildings) /area(s), social hall, education /training areas (e.g. Sunday School classrooms), and may include an affiliated day care center /or school. Also, churches typically allow other entities to use their facilities, e.g. Boy Scouts. All of the proposed uses are listed in the Estates Zoning district conditional uses except medical facilities for community outreach; social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only (all listed under C -1). SURROUNDING LAND USE ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The subject site is zoned "E ", Estates and is designated Estates -Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. Surrounding Lands: North - Across Oil Well Road, a 2 -lane undivided collector road, zoned "E ", single family dwellings and undeveloped lots; and designated Estates -Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. East - Zoned "E ", single family dwellings and undeveloped lots; and designated Estates - Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. South - Zoned "E ", single family dwellings and undeveloped lots; and designated Estates - Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. West - Zoned "E ", single family dwellings and undeveloped lots; and designated Estates - Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use Map. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this cycle — statutory data and analysis, the GMP vision, and HB 697 — and one item common to the six petitions seeking amendments to the GGAMP. Environmental Impacts: The Environmental Report prepared by Geza Wass de Czege with Southern Biomes, Inc. and submitted with this petition, dated March 26, 2007, indicates the following: • The project site includes one single family home, pine flatwoods, borrow lake and pastureland. There is one soil type found on site which is Immokalee fine sand. CP- 2007 -3 Mission Subdistrict Agenda Item The listed species survey conducted on site concluded that there were no listed species found utilizing the site, and there were no signs of gopher tortoises. The report does not mention whether any non - listed species were observed by sight or signs. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: • No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. • Staff has not verified the provided Florida Land Use Cover & Forms Classification System (FLUCCS) mapping and does not approve it with this petition. • Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and /or site development plan). The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Element (CCME) Policy 6.1.1(4). Historical and Archeological Impacts: The Florida Master Site File indicates that no significant archaeological or historical resources are recorded within the project area. Historic or archaeological resources have not been identified as present on the subject property, based on a review of the Collier County index of Historic /Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps. Traffic Capacity/Traffic Circulation Analysis and Impacts: A traffic impact analysis report has been prepared by Transportation Consultants, Inc., dated September 15, 2009. This report's Summary of Findings, Conclusions and Recommendations are as follows: "In conclusion, the proposed Growth Management Plan Amendment as a part of the Emmanuel Lutheran Church site will change the current land use designation that permits up to nine (9) single family dwelling units on the subject site to allow the construction of various church related uses, a day care facility serving both children and the elderly, and administrative office uses. Based on the analysis performed as a part of this report, the trip generation of the proposed GMP amendment will increase the approved trips on the subject site by a total of 215 two -way vehicles in the AM peak hour, by 179 two -way vehicles in the PM peak hour, and by 1,645 two -way vehicles over the course of the entire day. A concurrency projection was performed as a part of this report as well. No level of Service deficiencies are shown on the roadways within the study network, which include Oil Well Road and Everglades Boulevard. The Emmanuel Lutheran Church will be subject to the requirements within the concurrency system at the time of SDP submittal for each individual phase of the development. Should sufficient capacity not exist on the County roadway network, the development will not be allowed to move forward until capacity is restored." The Collier County Transportation Planning Department September 21, 2009 comments about the TIS report are as follows: "Transportation Element: 4 CP- 2007 -3 Mission Subdistrict Agenda Item Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with policies 5.1 of the Transportation element of the growth management plan. Oil Well Road Impacts: The first concurrency link that would be impacted by this project is Link 119, Oil Well Road between Immokalee and Everglades Boulevard. The project would generate up to 53 PM peak hour, peak direction trips on this link, which represents a 3.24% impact. This concurrency link reflects a remaining capacity of 664 trips in the adopted 2008 AUIR and is at Level of Service "C ". No subsequent links of Oil Well Road are significantly impacted. Everglades Boulevard Impacts: The first concurrency link on Everglades Boulevard that would be impacted by this project is Link 135, between Oil Well Road and Golden Gate Boulevard. The project would generate up to 21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact. This concurrency link reflects a remaining capacity of 563 trips in the adopted 2008 AUIR and is at Level of Service "C ". The next concurrency link on Everglades Boulevard that would be impacted by this project is Link 136, between Immokalee Road and Oil Well Road. The project would generate up to 21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact. This concurrency link reflects a remaining capacity of 499 trips in the adopted 2008 AUIR and is at Level of Service "C ". No subsequent links of Everglades Boulevard are significantly impacted. Immokalee Road Impacts: No Immokalee Road links are significantly impacted." Public Facilities Impacts: The petitioner prepared a Public Facilities Level of Service Analysis which was submitted with this petition. Water and Wastewater: There are no LOSS impacts, as the church facilities will use the private water well and septic system. The subject property is not currently served with water and sewer service. The Public Utilities Division has responded to this application as follows: "According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District ( CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates. There are an existing 36 -inch water main and an existing 16 -inch force main on Immokalee Road. The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants. Water and sewer services are not currently available. These pipelines will be activated when the North East Plant is ready. Per our current 2008 AUIR, the North East Plant project is anticipated to be constructed and in service by 2018. Collier County Public Utilities does not guarantee a time frame for construction of its capital projects. If adequate capacity is not available, on -site facilities may be provided to serve the CP- 2007 -3 Mission Subdistrict Agenda Item needs of the development as stated in the Public Facilities Level of Service Analysis in this application." • Solid Waste: Level of service standard is 0.64 tons per capita and impact is expected to be negligible. • Drainage: The Subdistrict is located in Flood Zone D. According to agent, there are no known drainage problems associated with the subject properties and the modifications of the existing man -made water body are anticipated to increase the capacity and serve as both the water detention facility and a buffer for neighboring residential uses. The future development will comply with SFWMD and Collier County rules and regulations. • Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. • EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew Fire District. The nearest EMS services is Medic #10 Station (14756 Immokalee Road) and the nearest sheriff substation is Golden Gate Sheriff Substation (1195 C.R 858). The proposed Subdistrict is anticipated to have minimal impacts on safety services and jail facilities. Appropriateness of Change: The existing land use designation of the subject site is "Estates" and is excerpted below from the Golden Gate Area Master Plan. "2. ESTATES DESIGNATION This designation is characterized by low density semi -rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non - conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non - conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation. The Estates Designation also accommodates future non - residential uses including: • Conditional uses and essential services as defined in the Land Development Code, • Parks, open space and recreational uses, • Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991 and consistent with locational requirements in Florida Statutes (Chapter 419.01 F.S.). • Schools and school facilities in the Estates Designation north of 1 -75, and where feasible and mutually acceptable, co- locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. Group Housing includes the following type facilities: CP- 2007 -3 Mission Subdistrict Agenda Item z • Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. • Group Care Facility, • Care Units, • Adult Congregate Living Facilities, and • Nursing Homes. All of the above uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan. " Proposed Institutional Uses: Generally, conditional uses (CUs) are permitted throughout the County on most residentially and agriculturally [the "E" zoning district, while principally allowing a single family dwelling, is classified as an agricultural zoning district] zoned land. As early as 1991, the residents of Golden Gate Estates expressed their concerns regarding the scattered approvals of non- residential conditional uses, with little or no discretionary criteria. The people in the Estates wanted County Planning policies and zoning provisions to provide a more appropriate amount of specificity and certainty as to where conditional uses could be expected and would be considered. They crafted GMP language which provided the certainty expected, with the adopted result being the Conditional Use provisions written into the Golden Gate Area Master Plan when it was adopted in 1991. These were subsequently revised in 2003 -2004 based upon recommendations of the GGAMP Restudy Committee, a BCC - appointed citizen committee. That Committee evaluated the areas encompassed by the GGAMP and recommended greater restrictions on conditional uses in some areas, and additional allowances for other areas, as reflected in the current GGAMP. The "Conditional Uses Subdistrict' in the Estates — Mixed Use District within the GGAMP contains specific provisions for Essential Services CUs, CUs on Golden Gate Parkway and Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers, Transitional CUs [as buffers between residential and certain non - residential uses], and, Special Exceptions to CU Locational Criteria [for certain excavation activities and temporary model homes]. The subject property was not identified as an area appropriate for Conditional Uses nor as an area in which there was a particular need for Conditional Uses in the GGAMP. In addition, the subject site exceeds 5 acres and is not between residential and certain non - residential uses, therefore is not eligible under transitional conditional uses, thus the need for this GMP amendment to allow a variety of institutional uses. All of the proposed uses except health services; social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only are allowed via conditional use in the Estates zoning district. The data and analysis provided by applicant in the support of the requested change was limited to compatibility findings associated with past conditional use approvals. The data did not include a needs assessment or inventory of community facility or institutional uses in the study area. Therefore, staff did research on the existing churches, child care facilities and schools and the results are as follows: • Number of existing churches for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a church inventory map for the study area and found there are 7 existing churches (See Map 1, attached). Only one church (inside Ave Maria University & Town) in the study area offers child care /day care services. CP- 2007 -3 Mission Subdistrict Agenda Item • Number of existing child care facilities for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a child care facilities inventory map for the study area and found there are 8 existing child care facilities (see Map 2, attached). • Number of existing public & private schools for the study area (Corkscrew Planning Community & Rural Estates Planning Community): Staff has developed a public /private school inventory map for the study area and found there are 10 public & private schools for the study area (see Map 3, attached). Number of Agriculture zoned parcels that would allow church (Corkscrew Planning Community & Rural Estates Planning Community): Since church is allowed by conditional use (CU) in Agricultural Zoning, staff has developed an inventory of agricultural zoned parcels >= 10 acres (aggregation of two 10- acre parcels should be considered by applicant) in the study area (see Table 1, attached) and found that there are 245 agriculture zoned parcels that would allow church. However, according to agent, none of the listed parcels were selected because they did not meet applicable site selection criteria employed by the Emmanuel Lutheran Church in their request for a mission center site. The criteria were: a. The site(s) selected must have direct access to a collector road; b. Only a cleared site(s) without sensitive habitats or protected wetlands would be considered; c. No site would be considered if it was owned by a church or a religious order; d. No site should be considered if was in active agricultural use; and e. No site would be considered if it was located in an existing residential Planned Unit Development. Petitioner failed to provide any explanation as how these criteria were developed and why? E.g. why the sites selected must have direct access to a collector road and why no site would be considered if it was located in an existing residential Planned Unit Development. 2008 Legislation - HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The petitioner failed to address this legislative requirement. It is anticipated that there will be an Objection in the ORC (Objections, Recommendations and Comments) Report from the Department of Community Affairs in regards to compliance with this legislation. Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition (the subject petition) request is for mostly institutional uses, but includes a small commercial allocation. The location map (Pending GMPAs Locations East of C.R 951) on following page identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area. The table below also provides information about these five petitions seeking amendment to the Golden Gate Area Master Plan. CP- 2007 -3 Mission Subdistrict Agenda Item Petition Location # Acres Request CP- 2007 -1 SE corner CR846/Wilson Blvd. 5.17 Create Wilson Blvd. Commercial Subdistrict to allow max. of 40,000 S.F. Blvd /Golden of com'I uses CP- 2007 -2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road /Oil Well Road Gate Blvd 0 Commercial Subdistrict to allow max. of 33,000 5.46 165,000 70,000 S.F. of C -1 thru C -3 com'I uses CP- 2007 -3 south side of CR858, 1/4 mile west 21.72 Create Mission Subdistrict to allow of Everglades Blvd. institutional uses (church and related uses, e.g. child & adult day care), and Immokalee limited C -1 com'I uses (90,000 s.f. total, inclusive of 2,500 s.f. of com'1 CP- 2008 -1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center Gate Blvds. Subdistrict to allow 225,000 s.f of com'I Blvd 0 0 uses, with requirement to provide a 6.01 62,253 10.3 grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center Center and could yield 30,099 s.f. of com'I CP- 2008 -2 south side of CR846 & Randall Blvd., 56.50 Expand and modify Randall Blvd from canal east to 8th Street NE Commercial Subdistrict to add 390,950 (inclusive of BCI Fire Station, existing s.f. of limited C -4 & C -5 com'I uses Randall Blvd. Com'I Subdistrict, and [zoning in existing Subdistrict allows DOF fire tower site). 41,000 s.f. of com'I on 7.53 acs. sum 769,450 s.f. of com'I [728,450 s.f. is new] Lare Golden Gate Estat es Area (East of CA 951) Commercial Inventory In order to accurately assess the commercial demand /supply for the Golden Gate Estates Area East of C.R 951 (includes sites on west side of, but abutting, C.R 951), staff has developed a table showing existing commercial inventory as well as potential commercial inventory (vacant land zoned commercial & vacant land designated as commercial, combined). Developed Commercial SQFT Developed Commercial Acres Vacant Land Zoned Commercial SQFT Vacant Land Zoned Commercial Acres Vacant Land Designated Commercial SQFT Vacant Land Designated Commercial Acres Everglades Blvd /Golden Gate Blvd 0 0 33,000 5.46 165,000 16.38 Neighborhood Center Immokalee Rd /Everglades Blvd 0 0 24,000 6.01 62,253 10.3 Neighborhood Center CP- 2007 -3 Mission Subdistrict - Agenda Item 10 Developed Developed_ Vacant Land Vacant Land Vacant Land Vacant Land Commercial Commercial Zoned Zoned Designated Designated SQFT Acres Commercial Commercial Commercial Commercial SQFT Acres SQFT Acres Corkscrew Island Neighborhood 0 0 0 0 90,000 8 Commercial Subdistrict Randall Blvd Commercial 23,350 3.71 17,650 3.82 0 0 Subdistrict Wilson Blvd /Golden Gate Blvd 66,463 13.25 89,556 11.14 58,264 9.64 Neighborhood Center Collier /Pine Ridge RD Neighborhood 28,600 3.86 105,000 17.6 27,863 4.61 Center(abutting CR951) Western Estates Infill 0 0 0 0 41,490 3.93 Subdistrict(abutti ng CR951) Golden Gate Estates Commerciallnfill 15,000 2.04 7 68000 0 0 Subdistrict(abutti ng CR 951) Collier Blvd Commercial 189,674 32.22 36,808 6.09 151,825 25.12 Subdistrict(abutti ng CR951) Orange Blossom 0 0 200,000 44 0 0 Ranch MPUD Orange Tree 0 0 60,000 22 0 0 MPUD* Mixed Use Activity Center 92,172 16.32 289,232 37.59 492,586 81.5 #3 Heritage Bay 0 0 200,000 73.5 0 0 MPUD Sonoma Oaks PUD(abutting 0 0 120,000 9.38 0 0 CR951) Carolina Village PUD(abutting 0 0 150,000 6.51 0 0 CR951) Mission Hills 107,818 18.16 92,182 15.29 0 0 PUD(abutting 10 CP- 2007 -3 Mission Subdistrict Agenda Item (Source: 2009 Property Appraiser database, zoning maps & 2009 PUD database) *There is a pending petition to increase the commercial square feet in Orangetree PUD to 332,000 square feet. The total existing developed commercial square feet is 615,249 and the potential additional commercial square feet is 2,645,544, as shown above. Commercial Demand Analysis The petitioner prepared a Market - Conditions Study analyzing market conditions within the Rural Estates and Corkscrew Planning Community Districts (PCDs) The findings of the study are as follows: By the year 2015, the permanent populations of the Corkscrew PCD and the Rural Estates PCD is projected to grow 143.72 percent from 19,834 in 2000 to 48,340 in 2015, an increase of 28,506 persons according to May 29, 2009 estimates provided by the County's Comprehensive Planning Section. The accelerated population growth in the Corkscrew Planning Community District (PCD) and the Rural Estates PCD clearly demonstrates potential support from present and future residents of the Emmanuel Lutheran Church catchment area for services offered by the Mission Center. Further, the market conditions study utilized 2007 Collier County commercial Land use inventory to document the need for new non - residential uses — commercial, conditional use, and public facilities for the study area. But the inventory included non - commercial square footage and acreage, such as code 38 (Golf Courses) and code 40 -48 (Industrial Use) which should not be counted as part of the commercial inventory. Petitioner provided a lot of data regarding commercial uses but almost no analysis had been performed on these properties. In conclusion, it states "Commercial square footage, and acreage, analyzed by study area planning communities, demonstrates that residents of the Corkscrew PCD and the Rural Estates PCD are underserved due to a notable lack of well - located businesses and service enterprises offering needed goods and services to catchment area resident." The petitioner has not provided data & analysis supporting their concluding claims stated above. In fact, numerous commercial development opportunities are provided, including pre -zoned commercial land yet to be developed, Neighborhood Centers, Commercial Subdistricts already existing or planned in the Golden Gate Estates Area. Staff has provided comparison data taken from 2009 Commercial Inventory data, PUD database and zoning maps. The findings of the updated reference sources are as follows: 11 Developed Developed Vacant Land Vacant Land Vacant Land Vacant Land g Commercial Commercial Zoned Zoned Designated Designated SQFT Acres Commercial Commercial Commercial Commercial SQFT Acres SQFT Acres CR951) Richland PLID(abutting 92,172 16.32 138,828 5.48 0 0 CR951) TOTAL 615,249 105.88 1,556,263 1 68,263.87 1 1,089,281 159.48 (Source: 2009 Property Appraiser database, zoning maps & 2009 PUD database) *There is a pending petition to increase the commercial square feet in Orangetree PUD to 332,000 square feet. The total existing developed commercial square feet is 615,249 and the potential additional commercial square feet is 2,645,544, as shown above. Commercial Demand Analysis The petitioner prepared a Market - Conditions Study analyzing market conditions within the Rural Estates and Corkscrew Planning Community Districts (PCDs) The findings of the study are as follows: By the year 2015, the permanent populations of the Corkscrew PCD and the Rural Estates PCD is projected to grow 143.72 percent from 19,834 in 2000 to 48,340 in 2015, an increase of 28,506 persons according to May 29, 2009 estimates provided by the County's Comprehensive Planning Section. The accelerated population growth in the Corkscrew Planning Community District (PCD) and the Rural Estates PCD clearly demonstrates potential support from present and future residents of the Emmanuel Lutheran Church catchment area for services offered by the Mission Center. Further, the market conditions study utilized 2007 Collier County commercial Land use inventory to document the need for new non - residential uses — commercial, conditional use, and public facilities for the study area. But the inventory included non - commercial square footage and acreage, such as code 38 (Golf Courses) and code 40 -48 (Industrial Use) which should not be counted as part of the commercial inventory. Petitioner provided a lot of data regarding commercial uses but almost no analysis had been performed on these properties. In conclusion, it states "Commercial square footage, and acreage, analyzed by study area planning communities, demonstrates that residents of the Corkscrew PCD and the Rural Estates PCD are underserved due to a notable lack of well - located businesses and service enterprises offering needed goods and services to catchment area resident." The petitioner has not provided data & analysis supporting their concluding claims stated above. In fact, numerous commercial development opportunities are provided, including pre -zoned commercial land yet to be developed, Neighborhood Centers, Commercial Subdistricts already existing or planned in the Golden Gate Estates Area. Staff has provided comparison data taken from 2009 Commercial Inventory data, PUD database and zoning maps. The findings of the updated reference sources are as follows: 11 CP- 2007 -3 Mission Subdistrict Agenda Item • Existing Developed Commercial SQFT: 484,151 s.f (see Map 4, attached) • Vacant Land Zoned or Designated Commercial Acres & SQFT: 200.86 Acres, 1,236,223 s.f (see Table 2, attached) • Average Household Income: $48,336 (see Map 5, attached) Based on the commercial inventory above, there is sufficient amount of commercial land SQFT to support the population in the study area planning communities. No additional commercial SQFT is needed. In addition, it should be noted that the growth has trended downward and there are a lot of vacant commercial in the market, the real estate stagnation and growth decline has also postponed or eliminated the need for additional commercial space. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on September 3, 2009, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Nine people attended the NIM, held at Agriculture Center - IFAS Extension Office, 14700 Immokalee Road, Naples, FL. • The following is a synopsis of the meeting: Agent for the petitioner, Mr. Bob Duane, and members of his team opened the meeting at 5:34 p.m, welcoming everyone. He introduced himself, Beth Yang, Ted Treesh, Steven Wigdahl and Tom Gemmer, and County staff Beth Yang, initiated the tape recording process. He indicated that the appropriate notices of the meeting had been given, including an advertisement in the newspaper and a mailing to all property owners within 1000 feet of the site under review. Using visual displays of aerial maps, he showed the area under review, and displayed an early version of a draft site plan. 2. Bob Duane gave a summary of the meeting purpose which was to preview a request for an amendment to the Golden Gate Master Plan. He explained that due to current restrictions on types of development included in the Master Plan, Emmanuel Lutheran Church needed to request an amendment to the plan which would allow the types of development envisioned in their proposal. 3. Bob Duane gave on overview of the anticipated timetable related to this request. A hearing with the Planning Commission is scheduled for October 19, 2009, with a staff report prepared 30 days prior. A subsequent hearing before the Board of County Commissioners would take place on January 19, 2010. After review at the state level, the request would again be heard by the Planning Commission and the Board of County Commissioners prior to final approval. At that time Emmanuel Lutheran Church could make application for zoning changes based on further planning. He indicated that the public would be notified of all of these steps. 4. Bob Duane explained that Emmanuel Lutheran Church has identified a need for a variety of community services in the area under review, and that they felt the church could help address these needs through their proposal. 12 CP- 2007 -3 Mission Subdistrict Agenda Item 5. Steve Wigdahl was asked to elaborate on the proposal. He summarized the history and current ministries of Emmanuel Lutheran Church, and indicated that there is a history of involvement in the community, and a desire to meet community needs through provision of additional mission opportunities. The church's discovery process showed a need for family and community services in the area under review, with an increasing population and yet a lack of concomitant growth in services. The church staff indicated that the current congregation would be supporting this new mission center, and it would be an extension of Emmanuel Lutheran Church rather than a standalone center. 6. Mrs. Chris Farlow, area resident, asked for clarification on the kinds of health services being considered. Steve Wigdahl explained that this would be done in partnership with other health and community agencies, and would not be clinical direct care services, but rather wellness and education services related to health care issues. All such services would be open to the community and not restricted to church members. 7. Mr. James Farlow, area resident, asked if any consideration had been given to inclusion of rehabilitation services or halfway houses, or similar offerings. The church staff indicated that no such plans were being considered, and that there would be no residential facilities at all. 8. Bob Duane clarified that under C -1 uses there are limited clinical services allowed, and that the health services component was only a small portion of the proposal. Beth Yang added that the proposal stated that no more than 2,500 square feet would be used for health services. 9. Peter Gaddy introduced himself as the Vice President of the Golden Gate Estates Area Civic Association, and indicated that he had already previewed the comprehensive plan amendment request. At a recent meeting of the civic association the proposal was reviewed for both positive and negative impact. The Board agreed that there was no evidence of negative impact from this proposal, and that indeed the proposed services are precisely what are needed in the area under review. The association board feels that such community services are limited or absent. He stated that in their opinion this was a very worthwhile project, an exciting event for the residents, and a very positive development for the Golden Gate Estates area. 10. Peter Gaddy asked if the meeting space in the proposed mission center would be available for use by the community. The church staff indicated that it would be, and that this was a desired outcome of the project. 11. Peter Gaddy requested electronic versions of the visual displays brought by Bob Duane, who indicated that the aerial maps would be readily available. A draft site plan was prepared very early in the development phase and was felt to be too unclear to be shared at this point, until further study and revision later in the process. The meeting concluded at approximately 6:00 p.m. (Synopsis prepared by Tom Gemmer, Director of Administration, Emmanuel Lutheran Church and modified by B. Yang, Principal Planner) 13 CP- 2007 -3 Mission Subdistrict Agenda Item FINDING AND CONCLUSIONS: • The Transportation Division was able to recommend that GMP Amendment application CP- 2007-3 can be found consistent with policy 5.1 of the Transportation Element of the GMP. • As a result of this amendment there are no significant impacts to public facilities, as defined in the Capital Improvement Element with respect to stormwater drainage, portable water, sanitary sewer, solid waste, community and regional parks. • Staff pre -app notes clearly requested analysis of sites that allow the proposed use without need for GMP Amendment, including RFMUD Neutral & Receiving Lands, Golden Gate Estates, Rural Settlement Area -- -this means commercial zoning that allows use by right as well as sites and zoning that allows use by Conditional Use (CU). Agent failed to provide the needed data & analysis. • Church is allowed by conditional use (CU) in Agricultural Zoning, there are 245 agriculture zoned parcels >= 10 acres in the study area and agent failed to provide valid explanation as why these lands are not eligible. (E.g. why the sites selected must have direct access to a collector road, etc.). • The data and analysis provided in the support of the requested institutional change was limited to compatibility findings associated with past conditional use approvals. The data did not include a needs assessment or inventory of community facility or institutional uses in the study area. • The Estates Zoning within the Golden Gate Estates Subdivision (defined in the land development code) does not permit C -1 uses such as health services, medical facilities (such as physician's offices, medical clinics, treatment, research and rehabilitative centers); social services, individual and family, Activity Centers, elderly or handicapped only, and day care centers, adult and handicapped only as conditional uses. • Based upon existing developed & vacant commercial inventory in the study area, staff believes there is not a need for additional commercial development to serve the surrounding communities. • Approval of this petition is likely to lead to other similar future requests. • If approved, project development will be subject to lighting restrictions in Policy 5.1.1. • The proposed Growth Management Plan Amendment is inconsistent with the Golden Gate Area Master Plan (GGAMP) vision for development of commercial and institutional uses in Golden Gate Estates Area. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2007 -3 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict (single underline text is added, as proposed by petitioner; double underline text is added, as proposed by staff; text is deleted, as proposed by staff): First Alternative — "clean -up" of petitioner's text. 2. Mission Subdistrict [new text, page 33] 14 PP- 2007 -3 Mission Subdistrict Agenda Item The Mission Subdistrict is located on the south side of Oil Well Road, approximately one - quarter mile west of Everglades Boulevard, and consists of 21.72 acres. The purpose of this t#e Subdistrict is to provide for a church and related uses, including limited commercial uses for community outreach. These W696 The following uses are allowed: e a) Churches. b) Child care centers and adult day care centers. c) Private schools. d) Individual and family social services (activity centers, elderly or handicapped only: day care centers. adult and handicapped only). e) Health services, offices and clinics, as permitted by right in the C -1 zoning district in the Collier County Land Development Code (Ordinance No. 04 -41, as amended). This use shall be limited to a maximum floor area of 2,500 square feet The maximum total floor area allowed in this Subdistrict is 90.000 square feet. The maximum height of buildings shall be 30 feet. Development in tko this Subdistrict shall be designed to be compatible with the existing, and allowed future, development in the surrounding area. In the alternate to the foregoing uses, aPA measures of development intensity, and development standards, this toe Subdistrict may be developed with single family dwellings at a density of one dwelling unit per 2.25 acres. OR Second Alternative — "clean -up" of petitioner's text AND remove commercial uses (non- Estates zoning conditional uses). 2. Mission Subdistrict The Mission Subdistrict is located on the south side of Oil Well Road, approximately one- auarter mile west of Everalades Boulevard and consists of 21.72 acres. The purpose of this tie Subdistrict is to provide for a church and related uses. The following uses are allowed: QRd f'1sT11�f[iF W8 -' .. .,.A:..:.A...,1 ..r.dL.fQ.mil._. 10e.+:U a) Churches. b) Child care centers and adult day care centers. c) Private schools. The maximum total floor area allowed in this Subdistrict is 90,000 square feet. The maximum height of buildings shall be 30 feet. Development in tl4e this Subdistrict shall be designed to be compatible with the existing and allowed future, development in the surrounding area. 15 Agenda Item CP- 2007 -3 Mission Subdistrict In the alternate to the foregoing uses a#W measures of development intensity, and dPVPlooment standards this the Subdistrict may be developed with single family dwellings at a density of one dwelling unit per 2.25 acres. PREPARED BY: t, // DATE: 9 - 5- BETH YANG, AICP, PRINCIPA PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: DATE: DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: RANDALL CORE , AICP, DIRECTOR DATE: COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: DATE: 9 D9 J PH K. SCHMITT, ADMINISTRATOR MUNITY DEVELOPMENT & VIRONMENTAL SERVICES DIVISION Petition No: CP- 2007 -3 Staff Report for the October 19, 2009 CCPC Meeting Note: This petition has been advertised for the January 19, 2010, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN E Ca>I[%r Gruntt s3 A m SUE 4 m ; nxonu� iw RURAL ESTATES PLANNING COMMUNITY Q 4 n a _ Q EMMANUEL LUTHERAN CHURCH GMPA- 2007 -3 ATTACHMENT: txlJ I IINU UHILU UAKt rAUILI I ICJ EXISTING CHILD CARE CENTERS (WITHIN MARKETAREA) Mi, IMMOKALEE oa- muro m Ro NAx W-V� DREW PLANNING OMMUNITY Legend • Child Care Facility Within Market Area • Child Care Facility In Immokalee Area ® Ave Maria Major Roads - Emmanuel Lutheran Church oMarket Area Boundary Iles 0 1 2 4 6 GIS MAPPING: BETH YANG, AICP COMPREHENSIVE PLANNING DEPARTMENT FILE: FIGISlCIGWFNE YEAHIGMPA CP 2 3 DAYCARE,M NAME ADDRESS ZIP I CITY Pat's IGds Club at Big Cypress Elementary School 3250 Golden Gate Blvd W 34120 Naples '.. Pat's Kds Club At Sabal Palm Elementary School 4095 18th AVE NE 34120 Naples Sports Club At Big Cypress Elementary School 3250 Golden Gate Blvd W 34120 Naples Sports Club At Estates Elementary School 5945 Eeverglades Blvd N 34120 Naples Sports Club At Sabal Palm Elementary School 409518th Avenue NE 34120 Naples Louise Hasse Community Center 3390 Golden Gate BLVD W 34120 Naples Sports Club At Corkscrew Middle School 1165 county Road 858 34120 Naples Montessori Academy in Ave Maria 5050 Ave Maria Blvd 34142 Ave MARIA RCMA Farmworker Village A 1996 Farm Worker WAY 34142 Immokale EXISTING CHILD CARE CENTERS IN IMMOKALEE AREA (OUTSIDE MARKET AREA) NAME ADDRESS ZIP I CITY Guadalupe Center, Inc (Pinecrest Elementary) 211 South 9th Street 34142 Immokale Immokalee Child Care Center 415 Colorado Avenue 34142 Immokale Immokalee Comm unity Park 321 North First Street 34142 Immokale Pays IGd's Club at Highlands Elementary School 1101 Lake Trafford Road 34142 Immokale Pat's IGd's Club at Lake Trafford Elementary School 3500 lake Trafford Road 34142 Immokale Pat's tot Care 11 701 Immokalee Drive 34142 Immokale RCMA Farmworker Village C 2225 Chadwick Circle 34142 Immokale RCMA Immokalee Child Development Infant Center 402 W Main Street 34142 Immokale RCMA Farmworker Village A 1996 Farm Worker WAY 34142 Immokale RCMA - Roliason Child Development Preschool $Early Head 402 West Main Street 34142 Immokale RCMA After School Program At Ffighlands Elementary 1101 Lake Trafford Road 34142 Immokale RCMA School Age Program Pinecrest Elementary 313 S 9th ST 34142 Immokale Lake Trafford Baptist Childcare Center 1207 Carson Road 34142 Immokale Guadalupe Center, Inc (Family Education) 509 Hope Circle 34142 Immokale RCMA School Age Program At Village Oaks Elementary 1601 State Road 29 S 34142 Immokale RCMA Im mokalee Com m unity School M FS Child 123 North 4th Street 34142 Immokale L %r County EMMANUEL LUTHERAN CHURCH GMPA- 2007 -3 ATTACHMENT: tZA10 I IINU t'U bLIU HIV U I- KI VIA 1 t Z:)UrfUULJ �a a w SUBJECT S m o�ivr.�rm RURAL ESTATES PLANNING COMMUNITY .. colnw cAre avow Q KALEE ZEW PLANNING MMUNITY N y >r Legend rPublldPr.te School Within MarketArea PublidPrivate School In Immokalee Area Ave Maria Major Roads - Emmanuel Lutheran Church QMarket Area Boundary files 0 1 2 4 6 GIB MAPPING: BETH YANG, AICP COMPREHENSIVE PLANNING OEPARTME FILE: F /GISICIGIATIVEYEARIGMPA CP 2DCF 3 SCHWI.S.1- EXISTING PUBLIC /PRIVATE SCHOOLS (WITHIN MARKET AREA) NAME ADDRESS CATEGORY Oakridge 14975 Collier Boulevard Middle Corkscrew 1165 County Road 858 Middle 'Big Cypress 3250 Golden Gate Boulevard W Elementary Corkscrew 1065 County Road 858 Elementary Sabai Palm 409518th Ave. NE Elementary Estates 5945 Everglades Boulevard. N. Elementary Palmetto Ridge 1655 CA 858 High Corkscrew Christian School 22022 Immokalee Road Private McBee Academy 14785 Collier Blvd Private Ave Maria Private School 5050 Ave Maria Blvd Private EXISTING PUBLIC /PRIVATE SCHOOLS IN IMMOKALEE AREA (OUTSIDE MARKET AREA) NAME ADDRESS CATEGORY Immokalee 4019th Street N Middle Immokalee 701 Immokalee Drive High Highlands 1101 Lake Trafford Road Elementary Lake Trafford 3500 Lake Trafford Road Elementary Pinecrest 313 S Ninth Street Bementary Village Oaks 1601 State Road 29 Elementary Eden Park 3650 Westclox Street Bementary Bethune Education Center 614 S 5th St, Immokalee Private Pace Center for Girls 201 1st St N, Immokalee Private RCMA Charter School 908 Roberts Ave Charter Steps to Future Christian A 1207 Carson Road Private Immokalee Community School 123 N 4th Street Charter 1 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00098000009 SUKIRAN 211 INC 23 47 27 10.07 00215520003 CCW OAK HAVEN EAST LLC 30 48 27 18.60 00215920001 ESTATES AT TWINEAGLES LTD, THE 30 48 27 10.06 00208080000 MCCLELLAN, SIDNEY RAY 36 48 26 20.84 00207920006 MC COLLUM, GERALD =& SYBLE 36 48 26 18.19 00301320007 SYMPHONY REAL ESTATE LTD 13 49 27 41.36 00311120006 CATALANO, ARLENE M 21 49 27 20.82 00314240006 DEWANE, BISHOP FRANK 22 49 27 18.76 00191881701 FOGG JR, STANLEY =& THERESA M 25 48 26 12.87 00213960005 2430 CATAWBA STREET LLC 29 48 27 10.05 00215360001 ESTATES AT TWINEAGLES LTD 30 48 27 19.46 00215960003 ESTAT ES AT TW I N EAG LES LTD 30 48 27 10.05 00092080009 EAGLE ISLAND INVESTMENTS I LLC 13 47 27 89.28 00092400003 EAGLE ISLAND INVESTMENTS I LLC 14 47 27 146.31 00092240001 TROYER INC, C K 14 47 27 116.32 00095680008 RABADI, VICTOR A =& MYRA J 23 47 27 14.30 00096240007 FLORES 1R, PEDRO GIL =& NORMA E 23 47 27 19.47 00097920009 WARNEKE, DAVID W 23 47 27 10.05 00110760706 WILLIAMS TR, ROBERT E 26 47 27 32.00 00107920009 WILLIAMS TR, ROBERT E 26 47 27 12.55 00092520006 GOETZ, ELLIN 14 47 27 37.75 00206920007 MC CULLEY, JAMES A 36 48 26 19.32 00208000006 MC COLLUM, WAYNE =& SYBLE 36 48 26 19.74 00307520005 PAU 1R, ARNOLD 15 49 27 20.90 00309280000 STAHLMAN LANDSCAPE COMPANY 15 49 27 15.67 00309240008 YANG, PAUL K =& GRACE J DAI 15 49 27 10.44 00326520002 MALONEY, GRACE 28 49 27 21.35 00326520109 MALONEY, TIMOTHY P 28 49 27 20.79 00326080005 .......... ROCKLAND LLC 28 49 27 493.94 . 00326400009 HOFFMAN, ROY 28 49 27 10.38 00328520000 SCHIANO, JOHN L =& ELEANORA 28 49 27 20.69 00207200001 CALOOSA RESERVE LLC 36 48 26 20.19 00311680203 FRK PUTNAM LLC 21 49 27 146.22 00327520001 ROCKLAND LLC 28 49 27 41.53 00327600002 ROCKLAND LLC 28 49 27 28.44 00310280002 BROWN JR TR, JAMES A 21 49 27 197.78 00310360003 ROCKLAND LLC 21 49 27 151.61 00106680007 DAVENPORT, ROBERT E =& LYNETTE 25 47 27 13.44 00106680007 DAVENPORT, ROBERT E =& LYNETTE 25 47 27 29.23 1 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 2 00208360005 MC COLLUM, GERALD W =& SYBLE W 36 48 26 17.77 61730160000 AMERICAN FARMS LTD 24 49 26 26.10 00310240000 BELLE MEADE PARTNERS LLC 20 49 27 672.36 00310000004 EDGAR, JOHN 15 49 27 10.40 00210920006 ESTATES AT TWINEAGLES LTD 29 48 27 246.86 00113480009 BORAN TR, MICHAEL 35 47 27 602.84 00092120105 EAGLE GROVE L C 13 47 27 136.58 00103840303 BECKER, GERHARD 24 47 27 14.04 00107920009 WILLIAMS TR, ROBERT E 26 47 27 13.25 00209160204 CALOOSA RESERVE LLC 36 48 26 39.52 00209200009 BORAN TR, MICHAEL 1 48 27 696.75 00113520008 BORAN TR, MICHAEL 36 47 27 617.65 00209280003 GARGIULO TR, JEFFERY D 3 48 27 315.54 00209240001 BORAN TR, MICHAEL 2 48 27 660.56 00307440004 YANG, PAUL K 15 49 27 20.85 00309440002 SMITH,1 RICHARD 15 49 27 15.74 00308920002 SHERF, DAVID A 15 49 27 16.37 00308560006 GARGIULO INC 15 49 27 10.84 00307280002 MALONEY, GRACE 15 49 27 20.79 00307560007 BLUMERT, MICHAL 15 49 27 15.58 00307280002 MALONEY, GRACE 15 49 27 20.79 00308440003 STAHLMAN LANDSCAPE COMPANY 15 49 27 20.46 00219200002 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61 00219320005 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.57 00219240004 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61 00219280006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.44 00219200002 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61 00219400006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 30.39 00219360007 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.43 00219320005 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.57 00219280006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.44 00219240004 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61 00219400006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 30.39 00219400006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 30.39 00219400006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 30.39 00299600004 MATHEWS, BILL =& CATHERINE 13 49 27 10.31 00063800001 CCW82 LLC 8 46 29 39.77 00064280109 CCW82 LLC 8 46 29 20.11 00063840003 CCW82 LLC 8 46 29 18.26 2 3 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00064040006 COCH RAN, GEORGE W =& JOAN 8 46 29 10.11 00091200204 HALF CIRCLE L RANCH PTNSHIP 34 46 30 54.59 00139000007 BARRON COLLIER INVESTMENTS LTD 5 47 30 284.84 00139960008 COLLIER LAND HOLDINGS LTD 23 47 30 628.65 00139920006 COLLIER LAND HOLDINGS LTD 22 47 30 632.54 00139800003 COLLIER LAND HOLDINGS LTD 20 47 30 645.87 00140080003 COLLIER LAND HOLDINGS LTD 26 47 30 632.70 00140120002 CDC LAND INVESTMENTS INC 27 47 30 636.63 00140160004 COLLIER LAND HOLDINGS LTD 28 47 30 640.59 00140560002 COLLIER LAND HOLDINGS LTD 35 47 30 317.89 00140400007 COLLIER LAND HOLDINGS LTD 32 47 30 300.43 00226000208 QUINA FAMILY LLC 1 48 29 20.35 00226000402 QUINA FAMILY LLC 1 48 29 20.34 00226001003 LINCER, WALTER M 1 48 29 21.32 00226760001 NORTHSIDE PARTNERSHIP 11 48 29 463.35 00226800107 HUNT, G ELLIS 12 48 29 127.16 00233360009 CDC LAND INVESTMENTS INC 17 48 30 158.45 00226920100 NORTHSIDE PARTNERSHIP 14 48 29 43.63 00226920207 ENGLISH BROS 14 48 29 8151 00226840303 B & A GROVES INC 13 48 29 24.85 00226760205 ENGLISH BROS 11 48 29 81.83 00226920304 ENGLISH BROS 14 48 29 274.57 00063880005 CCW82 LLC 8 46 29 50.62 00226120104 THARPE, JOHN M 2 48 29 50.63 00226120609 IMMOKALEE GROVES INC 2 48 29 48.49 00226000800 HUNT BROS INC 1 48 29 12.84 00226800505 WILSON TR, P T 12 48 29 141.83 00226800806 LAKE FLORENCE PARTNERS, LTD 12 48 29 51.41 00226840808 CDV 505 INC 13 48 29 18.65 00226001304 LATT MAXCY CORPORATION, THE 1 48 29 45.20 00226001207 HAYMAN, CAROL ANNE 1 48 29 99.08 00226000907 HICKORY BRANCH CORPORTATION 1 48 29 78.48 00226000509 G & E HOLDINGS INC 1 48 29 20.62 00226000606 HUNT BROS INC 1 48 29 23.62 00226001100 HUNT BROS INC 1 48 29 40.85 00226000101 HUNT, G ELLIS 1 48 29 70.88 00226800204 TURNER INVESTMENT, LTD 12 48 29 49.62 00226800602 LLOYD III, CALVIN P =& ANN A 12 48 29 18.86 00226840109 CDV 505 INC 13 48 29 10.34 3 0 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH sm 00226800709 LABELLE FRUIT COMPANY LLC 12 48 29 30.60 00226840206 S & 1 FAMILY LTD PRTNRSHP 13 48 29 46.34 00226880004 ENGLISH BROS 14 48 29 35.81 00226840507 PAT WILSON INC 13 48 29 68.21 00222880008 COLLIER LAND HOLDINGS LTD 11 48 28 619.13 00222920104 CDC LAND INVESTMENTS LLC 12 48 28 530.44 00140480001 COLLIER LAND HOLDINGS LTD 33 47 30 657.09 00231684004 COLLIER GROVES LTD 5 48 30 309.38 00231840000 CDC LAND INVESTMENTS INC 8 48' 30 301.34 00139120000 BARRON COLLIER INVESTMENTS LTD 8 47 30 661.59 00140520000 COLLIER LAND HOLDINGS LTD 34 47 30 649.71 00139160002 BARRON COLLIER INVESTMENTS LTD 9 47 30 449.22 00139200001 BARRON COLLIER INVESTMENTS LTD 10 47 30 458.96 00139200108 BARRON COLLIER PARTNERSHIP 10 47 30 179.08 00231760009 COLLIER LAND HOLDINGS LTD 7 48 30 647.86 00233600002 COLLIER LAND HOLDINGS LTD 18 48 30 484.34 00232040304 COLLIER GROVES LTD 8 48 30 29.21 00222480107 CDC LAND INVESTMENTS LLC 1 48 28 526.24 00139160109 BARRON COLLIER PARTNERSHIP 9 47 30 204.22 00139600009 COLLIER LAND HOLDINGS LTD 17 47 30 664.12 00140200003 COLLIER LAND HOLDINGS LTD 29 47 30 391.14 00231720007 COLLIER GROVES LTD 6 48 30 480.65 00231720104 COLLIER LAND HOLDINGS LTD 6 48 30 211.29 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 61.70 00223000007 CDC LAND INVESTMENTS LLC 14 48 28 617.68 00223040009 CDC LAND INVESTMENTS LLC 15 48 28 674.46 00226840400 LATT MAXCY CORPORATION, THE 13 48 29 219.23 00226160009 SOUTH FLORIDA VENTURE ........ .. 3 48 29 305.84 00226640008 SOUTH FLORIDA VENTURE 10 48 29 75.29 00090160002 HALF CIRCLE L RANCH PTNSHIP 27 46 30 671.34 00090120000 HALF CIRCLE L RANCH PTNSHIP 26 46 30 669.46 00091240206 HALF CIRCLE L RANCH PTNSHIP 35 46 30 50.78 00091240002 BARRON COLLIER INVESTMENTS LTD 35 46 30 95.97 00091240002 BARRON COLLIER INVESTMENTS LTD 35 46 30 29.25 00091200107 BARRON COLLIER PARTNERSHIP 34 46 30 86.07 00091240002 BARRON COLLIER INVESTMENTS LTD 35 46 30 169.67 00139280102 BARRON COLLIER PARTNERSHIP 11 47 30 69.11 00089960006 HALF CIRCLE L RANCH PTNSHIP 22 46 30 656.64 00089880005 CDC LAND INVESTMENTS INC 20 46 30 627.21 0 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 5 00090320004 GOPHER RIDGE If JOINT VENTURE 29 46 30 201.45 00226200008 IMMOKALEE GROVES INC 3 48 29 323.43 00090280005 CDC LAND INVESTMENTS INC 29 46 30 468.44 00063760002 BLOCKER, DEAN M 8 46 29 85.05 00063640009 CCW82 LLC 8 46 29 38.64 00140640003 COLLIER LAND HOLDINGS LTD 36 47 30 217.41 00140680005 COLLIER CO, THE 36 47 30 424.88 00140600001 COLLIER CO, THE 35 47 30 331.39 00139440007 THOMAS FARMS LTD, CA 15 47 30 483.19 00139480009 BARRON COLLIER INVESTMENTS LTD 15 47 30 160.18 00139520008 THOMAS FARMS LTD, C A 16 47 30 450.09 00139560000 THOMAS FARMS LTD, CA 16 47 30 206.60 00139880007 COLLIER LAND HOLDINGS LTD 21 47 30 636.46 00222840006 COLLIER LAND HOLDINGS LTD 10 48 28 661.61 00065680009 SOUTHWESTERN PROPERTIES LLC 19 46 29 144.37 00091120203 GNAGEY FAMILY LLC 32 46 30 553.77 00091200000 BARRON COLLIER INVESTMENTS LTD 34 46 30 523.52 00139001006 GNAGEY FAMILY LLC 5 47 30 310.76 00090600009 BARRON COLLIER INVESTMENTS LTD 32 46 30 97.97 00139000007 BARRON COLLIER INVESTMENTS LTD 5 47 30 20.34 00138920007 BARRON COLLIER INVESTMENTS LTD 3 47 30 362.06 00138960106 BARRON COLLIER PARTNERSHIP 4 47 30 159.52 00138960009 BARRON COLLIER INVESTMENTS LTD 4 47 30 77.93 00138960009 BARRON COLLIER INVESTMENTS LTD 4 47 30 58.88 00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 20.56 00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 106.81 00138920007 BARRON COLLIER INVESTMENTS LTD 3 47 30 104.10 00091280101 BARRON COLLIER PARTNERSHIP 36 46 30 208.82 00138880008 BARRON COLLIER INVESTMENTS LTD 2 47 30 112.25 00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 33.75 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 143.37 00138800004 BARRON COLLIER INVESTMENTS LTD 1 47 30 262.68 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 102.08 00138840006 BARRON COLLIER INVESTMENTS LTD 1 47 30 20.59 00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 115.37 00138880008 BARRON COLLIER INVESTMENTS LTD 2 47 30 57.67 00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 129.18 00138880008 BARRON COLLIER INVESTMENTS LTD 2 47 30 133.85 00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 38.54 5 TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH 00139240003 BARRON COLLIER INVESTMENTS LTD 11 47 30 554.43 00139320004 BARRON COLLIER INVESTMENTS LTD 12 47 30 609.80 00089520006 HALF CIRCLE L RANCH PTNSHIP 14 46 30 662.05 00090000007 HALF CIRCLE L RANCH PTNSHIP 23 46 30 664.35 00090040009 HALF CIRCLE L RANCH PTNSHIP 24 46 30 667.35 00090080001 GRAINGER LAND LLC 25 46 30 606.68 00091280208 BAR JT INC 36 46 30 76.64 00091240109 BARRON COLLIER PARTNERSHIP 35 46 30 315.49 00139360006 COLLIER LAND HOLDINGS LTD 13 47 30 613.30 00139400005 COLLIER LAND HOLDINGS LTD 14 47 30 640.63 00140000009 COLLIER LAND HOLDINGS LTD 24 47 30 624.79 00090080205 MCCLELLAND, ROBERT LEE 25 46 30 29.43 00090080409 GRAINGER LAND LLC 25 46 30 25.38 00089480007 HALF CIRCLE L RANCH PTNSHIP 13 46 30 664.12 00091280004 BARRON COLLIER INVESTMENTS LTD 36 46 30 387.26 00140040001 COLLIER LAND HOLDINGS LTD 25 47 30 628.81 00138600000 BARRON COLLIER INVESTMENTS LTD 33 47 29 25.06 00222960106 BARRON COLLIER INVESTMENTS LTD 13 48 28 76.32 00222960009 CDC LAND INVESTMENTS LLC 13 48 28 446.44 00226680000 HELLER BROS PACKING CORP 10 48 29 401.47 00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 11.22 00091160205 WORTHINGTON /COLLIER LLC 33 46 30 114.39 00091160108 GNAGEY FAMILY LLC 33 46 30 527.32 00138960203 GNAGEY FAMILY LLC 4 47 30 262.11 00138960300 WORTHINGTON /COLLIER LLC 4 47 30 47.39 00089280003 ALICO LAND DEV CORP 8 46 30 652.75 00089320002 ALICO LAND DEV CORP 9 46 30 654.77 00089680001 CDC LAND INVESTMENTS INC 17 46 30 680.85 00089600007 ALICO LAND DEV CORP 16 46 30 667.26 00089560008 HALF CIRCLE L RANCH PTNSHIP 15 46 30 661.69 00089920004 ALICO LAND DEV CORP 21 46 30 629.27 00090241002 BARRON COLLIER INVESTMENTS LTD 28 46 30 33.54 00090200001 WORTHINGTON /COLLIER LLC 28 46 30 523.93 00090240003 CDC LAND INVESTMENTS INC 28 46 30 94.97 00115280003 BARRON COLLIER INVESTMENTS LTD 36 47 28 1542.48 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 83.21 00138560409 BARRON COLLIER PARTNERSHIP 32 47 29 553.64 00226960005 HELLER BROS PACKING CORP 15 48 29 567.18 00222560001 COLLIER LAND HOLDINGS LTD 3 48 28 692.22 Created by: Beth Yang, AICP Co er C,014-H.ty Comprehensive Planning Department N TABLE 1: EMMANUEL LUTHERAN CHURCH CP- 2007 -3 AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH WRIZ � MWR 00222520009 COLLIER LAND HOLDINGS LTD 2 48 28 633.52 00223080001 WINCHESTER LAKES CORP 16 48 28 660.69 00138601025 AVE MARIA DEVELOPMENT LLLP 33 47 29 86.35 00138600000 BARRON COLLIER INVESTMENTS LTD 33 47 29 139.30 00138600000 BARRON COLLIER INVESTMENTS LTD 33 47 29 120.41 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 781.94 22689020023 AVE MARIA UNIVERSITY INC 33 47 29 13.62 00226240204 BARRON COLLIER PRTNRSHP LLLP 4 48 29 1411.06 00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 588.77 00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 23.85 00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 195.40 Created by: Beth Yang, AICP Co er C,014-H.ty Comprehensive Planning Department N EMMANUEL LUTHERAN CHURCH GMPA- 2007 -3 ATTACHMENT: EXISTING & POTENTIAL COMMERCIAL SQFT MAP SR � er Cocanty ,y NAME GP a! HOME DYNAMICS NAPLES LLC LAKE TRAFFORD RD MAIN ST CR BIS s z as . .oP.l k� xz.z xP Corkscrew Island Neighborhood �� Immokalee Rd /Everglades Blvd - ,A Commercial Subdistrict -,i Neighborhood Center ....,:. y I � aeea MMGKA EERDE 37745180009 CORKSCREW PLANNING MPUD COMMUNITY` 1.14 37744040001 i� ^ 4.1 TOWN OF ' 3 � AVEM^RIA �z SUBJECT SITE PRICE PUg ORANf.E a LOS30M Q RANLH VD >�� ERTAGE ,OO °- x12 dL WELL RO OIL WELL RD DAY_! _YS OHANGFTREE 76885050157 3 P U D RANDALL BLVD PUD MIR -MUD �M � AR P Legend 39 RURAL ESTATES 391 Market Area TAZs W /Zone Number I PLANNING COMMUNITY - Existing/Developed Commercial 1 76885050403 Collier Blvd/Pine Ridge Blvd �- j x 212 _ Vacantlundeveloped Commercial Neighborhood Center GOLDEN GATE BLVD W 2.44 76885050351 Major Roads PUD Emmanuel Lutheran Church Everglades Blvd/Golden Gate e Blvd '., Neighborhood Center O Market Area Boundary yz PUD w Wilson BIvdlGolden Gate Blvd COMFORT INN TOLLGATE Neighborhood Center �g Miles -zzrt-rt — z„ w °s 0 1.5 3 6 9 ITV i D yT Z �' MDq RD IDA EGI I ITS GIS MAPPING-. BETH YANG, GO PREHENSIVE PIANNIG DE PARTMENT FILE: F,,GI=IGMVEYFAR, EMANUEL CHURCH GMPA VACANT ENTIALSOFT COMBINED.MXD 2,899 TOLL GATE PUD 76885050102 CRACKER BARREL PUD 10,500 EXISTING COMMERCIAL SQFT (within Market Area) FLN NAME ZONING SOFT ACRES 00206560001 HOME DYNAMICS NAPLES LLC PUD 552 9.24 100206360007 GREENSCAPES LAWN SERVICE A 3,455 3.57 37745180009 MOBIL OIL STA RANDALL BLVD PUD 3,448 1.14 37744040001 RANDLE ROAD PLAZA PUD 20,356 2.55 37280040109 ES GENERAL STORE C -2 3,111 1 -93 76885050157 HOLIDAY INN EXPRESS(TOLLGATE) PUD 31,808 2.61 76885050306 WAFFLE HOUSE & PIZZA PUD 1,780 1 76885050403 TOLLGATE COMERCIAL CENTER PUD 27,872 2.44 76885050351 SHELL CONVEN(TOLLGATE PLAZA) PUD 3,502 1 76885005005 SUPER "8 "MOTEL PUD 19,320 3.42 76885010003 COMFORT INN TOLLGATE PUD 118,572 5.83 00064280002 BOB'S MOTEL A -MHO 2,899 4.96 76885050102 CRACKER BARREL PUD 10,500 1.87 76885100984 TOLL GATE BUSINESS PARK 11 PUD 48,100 1.83 76885100968 TOLL GATE GOMM ERCIAL CENTER PUD 48,100 1.27 00233560100 SUNNYLAND GENERAL STORE PUD 6,000 1.8 00091640301 SOUTHWEST FLORIDA WETLANDS A -MHO 672 49.64 26095000125 B P CONVENIENCE STORE PUD 5,025 2 26095000167 CITYGATECARWASH PUD 3,600 1.1 22671004303 LA PIAZZA (TRACT #4)-AVE MARIA A -MHO 5,610 5.78 22671003304 LA PIAZZA (TRACT #2)-AVE MARIA A -MHO 10,640 3.27 22671002800 LA PIAZZA (TRACT #1)-AVE MARIA A -MHO 8,471 6.24 22671003809 LA PIAZZA (TRACT #3)-AVE MARIA A -MHO 10,945 2.79 37221120101 GULFSTREAM RETAIL INVEST LLC CPUD 41,800 5.07 37280040109 ES COUNTRY STORES LLC C -2 8,113 2.65 37169520009 WALGREEN CO CPUD 16,550 5.53 37745180009 UPoKA OIL INC. PUD 3,350 1.33 37744040001 PAC OF COLLIER INC:MIR MAR PUD 20,000 2.38 TOTAL: 484,151 134.24 VACANT LAND ZONED COMMERCIAL & VACANT LAND DESIGNATED COMMERCIAL ACRES & SQFT (WITHIN MARKET AREA) " For detailed parcel list, see attached Table 2 CP- 2007 -3 SOFT I ACRES 11'rotal Potential Additional Commercial 1,236,223 200.86 TABLE 2: EMMANUAL LUTHERAN CHURCH CP- 2007 -3 VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED) Q _ 11, 49660082681 CAMERON PARTNERS LLC PUD 24,478 4.05 26095000183 TIB BANK PUD 9,973 1.65 26095000387 CHM NAPLES HOTEL PRTNERS LLC PUD 27,500 4.55 26095000361 CHM NAPLES II HOTEL PRTNRS LLC PUD 24,539 4.06 76885050050 TOLL GATE COMMERCIAL CENTER PUD 8,401 1.39 00065080007 CHAPMAN, A R A -MHO 25,445 4.21 00065400001 PIONEER PLAZA INC C -2 34,451 5.70 26095000206 RAI RESTAURANTS INC PUD 11,363 1.88 26095000222 RAI RESTAURANTS INC PUD 10,517 1.74 26095000248 CITYGATE DEVELOPMENT LLC PUD 10,093 1.67 26095000264 CITYGATE DEVELOPMENT LLC PUD 9,912 1.64 6095000280 CITYGATE DEVELOPMENT LLC PUD 9,066 1.50 26095000303 CITYGATE DEVELOPMENT LLC PUD 7,192 1.19 26095000086 CITYGATE DEVELOPMENT LLC PUD 16,198 2.68 26095000109 SOUTHERN MANAGEMENT CORP PUD 8,582 1.42 26095000329 CITYGATE DEVELOPMENT LLC PUD 6,165 1.02 26095000345 CITYGATE DEVELOPMENT LLC PUD 7,011 1.16 00113120107 WILLIAMS TR, ROBERT E C -2 25,627 4.24 49660083185 CAMERON PARTNERS LLC PUD 16,198 2.68 49660080528 CAMERON PARTNERS LLC PUD 16,258 2.69 49660083745 CAMERON PARTNERS LLC PUD 16,681 2.76 49660081585 LENNAR HOMES LLC PUD 110,061_ 18.21 22671200026 AVE MARIA DEVELOPMENT, LLLP A -MHO 18,616 3.08 22671202309 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,187 1.52 22671201902 AVE MARIA DEVELOPMENT, LLLP A -MHO 10,456 1.73 22671202202 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,126 1.51 22671201805 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,852 1.63 22671201708 AVE MARIA DEVELOPMENT, LLLP A -MHO 6,044 1.00 22671202406 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,247 1.53 22671201504 AVE MARIA DEVELOPMENT, LLLP A -MHO 8,764 1.45 22671202503 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,126 1.51 22671202600 AVE MARIA DEVELOPMENT, LLLP A -MHO 33,242 5.50 22671201407 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,550 1.58 22671202804 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,126 1.51 37169520106 COLLIER CNTY CPUD 9,912 1.64 22671200327 AVE MARIA DEVELOPMENT, LLLP A -MHO 18,616 3.08 22671200220 AVE MARIA DEVELOPMENT, LLLP A -MHO 20,731 3.43 22671200123 AVE MARIA DEVELOPMENT, LLLP A -MHO 18,374 3.04 22671202901 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,247 1.53 22671203007 AVE MARIA DEVELOPMENT, LLLP A -MHO 9,006 1.49 22671201601 AVE MARIA DEVELOPMENT, LLLP A -MHO 22,484 3.72 22671201300 AVE MARIA DEVELOPMENT, LLLP A -MHO 8,341 1.38 49660081080 BAY DEVELOPMENT LLC PUD 69,687 11.53 22671003812 AMD -FCB LLP A -MHO 28,407 4.70 22671202008 AVE MARIA DEVELOPMENT, LLLP A -MHO 21,758 3.60 22671202105 AVE MARIA DEVELOPMENT, LLLP A -MHO 14,385 2.38 22671201203 MPG AVE MARIA LTD A -MHO 11,846 1.96 22671202707 AVE MARIA DEVELOPMENT, LLLP A -MHO 33,061 5.47 TABLE 2: EMMANUAL LUTHERAN CHURCH CP- 2007 -3 VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED) 22671201106 AVE MARIA DEVELOPMENT, LLLP A -MHO 30,704 5.08 39155200001 RANASINGHE, NADESHA E 14,143 2.34 40680040000 TAYLOR, NORMAN L=& JOANNE CPUD 33,000 5.46 40629000001 SHOESOP LLC E 33,000 5.46 40930760001 DOUBLE BE INVESTMENT CO LLC E 33,000 5.46 40930720009 VINES, WILLIAM A E 33,000 5.46 37221120208 LIBERTY GOLD LLC CPUD 12,572 2.08 39155160002 RANASINGHE, JAYANTHI S E 16,984 2.81 39091800002 CROWN ESTATE DEVELOPMENT LTD MPUD 17,709 2.93 39082080006 THANH LE, CHUONG E 31,127 5.15 37280040002 E'S COUNTRY STORES LLC E 16,984 2.81 37119880003 JOHNSON TR, KENNETH R E 30,099 4.98 VARIOUS WILSON NC ADDITION C -3 60,000 6.25 VARIOUS CORKSCREW ISLAND NC SUBDISTRICT MH 90,000 8.00 VARIOUS EVERGLADES /IMMOKALEE NC E 86,253 14.35 37280080004 TOWNSENT, RICHARD E 12,813 2.12 37280160005 TOWNSENT, RICHARD E 6,407 1.06 37280120003 JOY ANDERSON_ E 8,945 1.48 VARIOUS HERITAGE BAY MPUD 200,000 73.50 VARIOUS ORANGE TREE MPUD 60,000 22.00 VARIOUS ORANGE BLOSSOM RANCH MPUD 200,000 44.00 40680040000 TAYLOR, NORMAN L=& JOANNE CPUD 33,000 5.46 VARIOUS URIKA OIL INC. PUD 17,650 3.82 VARIOUS CHESTNUT PLACE PUD 24,000 6.01 TOTAL 1,236,223 200.86 * ASSUMES 6,044 SQFT PER ACRE Created by: Beth Yang, AICP Co er County Comprehensive Planning Department (A eT f`i011liL,y ��I I AVERAGE HOUSEHOLD INCOME PER TAZ ATTACHMENT: (BASED ON 2000 CENSUS DATA) MAP nr SR P R IAKE TRAFFORD RD MNN ST a M .fig W°a � ,x. SITE j CORKSCREW PLANNING COMMUNITY Census 2000 Income Re (by TAZ) $0- $34,965 $34,966 - $41,056 $41,057 - $47,146 $47,147 - $53,236 $53,237 - $59,327 - $59,328 - $65,417 0 1.5 3 6 GIS MAPPING: BETH YANG, AICP COMPREHENSIVE PLAMJING DEPARTMENT FILE: FI IMIGMIFNEYEAR N-MUNDARYIM I Miles 9 AVERAGE HOUSEHOLD INCOME: (WITHIN MARKET AREA) $48,336 INCOME FREQUENCY DISTRIBUTION 50 40 30 20 10 0 $28,875 $35,748 $42,621 $49,494 $56,367 $63,240 STATISTICS: MINIMUM: 28,875 9 MAXIMUM: 65,417 SUM: 4,350,216 MEAN: 48,336 STANDARD DEVIATION: 8,121 ORDINANCE NO. 10- 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 TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, 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 Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Robert L. Duane of Hole Montes and Associates and Rich Yovanovich, of Coleman, Yovanovich & Koester, P.A., requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrtict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (C.R. 858), 1/a mile west of Everglades Boulevard in Section 19, Township 48 South, Range 28 East, consisting of 21.72± acres: and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, of the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and Words underlined are additions; words swaek thfeugh are deletions 1 Golden Gate Area Master Plan Petition CP- 2007 -3 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 amendment 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 transmittal and adoption of the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series, to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 19, 2009 and October 20, 2009, and the Collier County Board of County Commissioners held on January 19, 2010; and 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 AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment 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. SECTION THREE: EFFECTIVE DATE. Words underlined are additions; words StRaGk thFeugh are deletions 2 Golden Gate Area Master Plan Petition CP- 2007 -3 The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3`d Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M. Approved as to form and legal suffiency: FRED W. COYLE, CHAIRMAN Heidi Ashton- Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words struck *,Fetigh are deletions 3 Golden Gate Area Master Plan Petition CP- 2007 -3 Exhibit A GOLDEN GATE AREA MASTER PLAN CP- 2007 -3 Policy 1.1.2.: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: [Page 4] A. ESTATES -MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Mission Subdistrict * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** [Page 27] A. Estates -Mixed Use District * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** [Page 33] 5. Mission Subdistrict This Subdistrict is located on the south side of Oil Well Road, approximately one - quarter mile west of Everglades Boulevard and consists of 21.72 acres. The purpose of the Subdistrict is to provide for a churches and related uses, including community outreach. The following uses are allowed: a) Churches. b) Child care centers - must be not - for - profit and affiliated with a church within the Subdistrict. c) Private schools — must be not - for - profit and affiliated with a church within the Subdistrict. d) Individual and family social services (activity centers, elderly or handicapped only; day care centers, adult and handicapped only) — must be not - for - profit and affiliated with a church within the Subdistrict. e) Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure, and conducting blood donation drives — must be not - for - profit and affiliated with a church within the Subdistrict. Soup kitchens and homeless shelters are prohibited in this Subdistrict. The maximum total floor area allowed in this Subdistrict is 90,000 square feet. The maximum height of buildings shall be 30 feet. Development in this Subdistrict shall be Words underlined are added; words struG14 threwgI4 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. CP- 2007 -3 designed to be compatible with the existing and allowed future development in the surrounding area. In the alternate to the foregoing uses and measures of development intensity and development standards this Subdistrict may be developed with single family dwellings in accordance with the Residential Estates Subdistrict. Property adiacent to this Subdistrict shall not qualify for the Transitional Condition Use. FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map Golden Gate Parkway Institutional Subdistrict Mission Subdistrict 2 Words underlined are added; words 6tFUGk thraugI4 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. I� E m 00 eN F EXHIBIT A PETITION CP -200' LEGEND URBAN DESIGNATION ESTATES DESIGNATION AGRIGIILTUTAL/RIRIAL DENGNATM w➢rcaxnu uE a9rM0i ❑ MII1N Y1Tbdi rNA DE'1MCT ❑ uc: su9w�s>Po�c* »i r xnu a s ci ❑ Msaw • OVERLAYS AND weo-s T usis ANN9necT . , x[rc>,IO9xo90 aNTER samisTMCr SPECIAL FEAn1NE8 ❑ worern9x A9rw mwwr ■ M,� � �Mrr �,� su�91Mrn ■ VIM= =,AMT .� x R�� �w�ADK ❑ "�, "°°R'w °T A N9 9cr � � oa9,Y 9µo ❑ aAxT• 9NN•., rAWrAaw Anm9x��T ❑ wTK ,•x9E K9M,Y raw99 BM9N,ADT w ■ m.�w e9waY.AP coww9ou ammncT ❑ nx9 waE Aw.9 Mu® us vmrsmcT VANDER. ■ ANON. 9D9u:YNm coMAMman sulasrMCr wrCOW`AO•c esrAlMs xD a+D9.zi raw A99 IAIO usE IRSUATw1 ❑ L0.DUSimma'TCiTCS mww.0 x ra+u asommM rl E min ooEml wre PYfIR! EAU) uSB NAF ADOPTED - FEBRUARY, 1981 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - —Y 27, 1993 AMENDED - APRR 12. 1994 AMENDED - MARCN 14, 1995 AMENDED - OCTOBER 27. 1997 WENDED - APRIL 14. 1998 AMENDED - SEPTEMBER S 1998 AMENDED - FIEBRUARY 23, 1999 AMENDED - —9. 2DD0 AMENDED - YAXN 13, 20N AMENDED - MAY 14. 2004 AMENDED - %EP EMBE 10. 2003 ORD. $0. 2W3 -H AMENDED - OCTOBER M. 2004 ORD. N0, 200s -T AMENDED - JANUARY 25. 2003 ORD. NO. 2005 -3 AMENDED - JANUARY 25, 2007 MO. N0. 2007 -19 AMENDED - DECEMBER 4. 2007 09D. Mo. 2007 -n AMENDED - OCTOBER 14. 2008 ORD. NO. 2W 8-59 a a ,w D $ z a GOLDEN GATE S.R. 84 GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD SUBJECT SITE CP- 2007 -0 OIL WELL ROAD RANDALL BOULEVARD O a D A 0 09 w a 0 > 0 a > a w m1a $ IV--mm O F V! W W O SCALE p 1 MI. 2 MI. 3 M1. 4 MI. 5 MI. PREPARED BY. QS/CAD MAPPING SECTION COMMUNItt OE�EIAPMENT AND ENVIRONMENTAL SERNCEB DIMSION DATE: 9/20M FlIE: CP- 2007 -3.DIG R26E I R27E I R23 E IMMOKALEE ROAD a a w VANDER. BEACH ROAD z a < U PINE R E RD. pOp ,3 WHITE BLVD. E z >a ol .O R7 a y G.G. PKWY. 1 E- < a a a < IAITERSTATE-, OQ < F Z DAVIS BOULEVARD S.R. 84 t a „ 7 W w a G E Tf 8 rl E min ooEml wre PYfIR! EAU) uSB NAF ADOPTED - FEBRUARY, 1981 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - —Y 27, 1993 AMENDED - APRR 12. 1994 AMENDED - MARCN 14, 1995 AMENDED - OCTOBER 27. 1997 WENDED - APRIL 14. 1998 AMENDED - SEPTEMBER S 1998 AMENDED - FIEBRUARY 23, 1999 AMENDED - —9. 2DD0 AMENDED - YAXN 13, 20N AMENDED - MAY 14. 2004 AMENDED - %EP EMBE 10. 2003 ORD. $0. 2W3 -H AMENDED - OCTOBER M. 2004 ORD. N0, 200s -T AMENDED - JANUARY 25. 2003 ORD. NO. 2005 -3 AMENDED - JANUARY 25, 2007 MO. N0. 2007 -19 AMENDED - DECEMBER 4. 2007 09D. Mo. 2007 -n AMENDED - OCTOBER 14. 2008 ORD. NO. 2W 8-59 a a ,w D $ z a GOLDEN GATE S.R. 84 GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD SUBJECT SITE CP- 2007 -0 OIL WELL ROAD RANDALL BOULEVARD O a D A 0 09 w a 0 > 0 a > a w m1a $ IV--mm O F V! W W O SCALE p 1 MI. 2 MI. 3 M1. 4 MI. 5 MI. PREPARED BY. QS/CAD MAPPING SECTION COMMUNItt OE�EIAPMENT AND ENVIRONMENTAL SERNCEB DIMSION DATE: 9/20M FlIE: CP- 2007 -3.DIG R26E I R27E I R23 E ooA 0 > ti > I > z .00 0 0,1 WILSON BOULEVARD 1,0 C) Z NJ Z I 'o < z IMMOKALEE ROAD C.R. 846 0 0 Z O O C) C- C) M M C) 0 OD Ul 00 0 > O O O ti EVERGLADES BOULEVARD Q0 rQ 00 CO tn >c ;u a) M, >M O CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Co el e-r 4z H' I my STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: October 19, 2009 RE: PETITION CP- 2008 -2, RANDALL BOULEVARD COMMERCIAL SUBDISTRICT EXPANSION GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Michele Mosca, AICP, Principal Planner AGENT /APPLICANT /OWNERS Agent: Tim Hancock, AICP Davidson Engineering 3530 Kraft Road, Suite 301 Naples, FL 34105 Till Agent: Bruce Anderson, Esq. Roetzel and Andress Law Firm 850 Park Shore Drive Naples, FL 34103 Applicant: Emergent Development Group, Inc. 933 Honeysuckle Grapevine, TX 76051 Owners: Big Corkscrew Fire District Collier County Government Richard and Anna Eckstein Joseph and Alicia Cabal Randall Land Trust Agreement, Lisa Aldikacti as Trustee Angela Iglesias Revocable Trust, Angela Iglesias as Trustee William M. Grant Revocable Trust, William M. Grant as Trustee CAB of Collier County, Inc. PAC of Collier, Inc. Urika Oil, Inc. Emergent Development Group, Inc. Emergent Development Group II, LLC (Refer to GMP amendment application for additional ownership information.) CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. GEOGRAPHIC LOCATION: The subject project, containing ±56.5 acres is located on the south side of Randall Boulevard, extending from the Corkscrew Canal (western boundary) to 8'h Street NE (eastern boundary), and including Tract 55, Unit 23 Golden Gate Estates, located on 24th Avenue NE, within Section 27, Township 48 South, Range 27 East. The existing Randall Boulevard Commercial Subdistrict contains 7.53 acres and the proposed expansion area comprises 48.97± acres. The proposed Subdistrict is within the Rural Estates Planning Community. (Refer to aerial and zoning maps below.) (Highlighted Tracts Represent Entire Project Boundary) 0_1 Division of Forestry Facility, includinq a fire tower (approved provisional use) m i Estates Residential Tracts 01 01 Randall Blvd. Center PUD & Mir Mar PUD (E)dsting Randall Blvd. Commercial Subdistrict) —J Big Corkscrew Island Fire Control — Fire Station (approved conditional /provisional use, W '/2 of Tract 54 only) REQUESTED ACTION: The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and map series by: 1. Amending the Estates — Commercial District to expand and modify the Randall Boulevard Commercial Subdistrict; and 2. Amending the Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map of the Future Land Use Map series to reflect the expansion of the Randall Boulevard Commercial Subdistrict boundaries. IfI�N�ly �NI ' ' IC J (Highlighted Tracts Represent Entire Project Boundary) 0_1 Division of Forestry Facility, includinq a fire tower (approved provisional use) m i Estates Residential Tracts 01 01 Randall Blvd. Center PUD & Mir Mar PUD (E)dsting Randall Blvd. Commercial Subdistrict) —J Big Corkscrew Island Fire Control — Fire Station (approved conditional /provisional use, W '/2 of Tract 54 only) REQUESTED ACTION: The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and map series by: 1. Amending the Estates — Commercial District to expand and modify the Randall Boulevard Commercial Subdistrict; and 2. Amending the Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map of the Future Land Use Map series to reflect the expansion of the Randall Boulevard Commercial Subdistrict boundaries. CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. The petitioner's proposed text changes, shown in strike- throughfunderline format, are as follows: (Words underlined are added, words StFUGk thF9w@# are deleted; row of asterisks [ * * *] denotes break in text.) B. Estates — Commercial District [Page 33] [Page 35] 3. Randall Boulevard Commercial Subdistrict — It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. The Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following properties: Tracts 71, 72, 89, 90, 107, 108, 1251 1 126 and 127, Golden Gate Estates, Unit 23; and the Fast ' a flee°* of Tracts 54 & 55, Golden Gate Estates, Unit 23. See Map-#4 the Randall Boulevard Commercial Subdistrict Man. a) The Criteria for the subdistrict are as follows: • All commercial development is encouraged to be in the form of a PUD. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. Tract 55 shall provide, at a minimum. a 50 -foot buffer of retained native vegetation in which no water management uses are permitted on its eastern boundary. Tract 55 shall only be utilized for purposes of native preservation and water management areas. * Shared parking shall be required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; • Drug Stores; • Food Markets; • Hardware Stores; • Laundries - Self Service Only; • Parks, Public or Private • Post Offices and Professional Offices; * Repair Shops - Radio, TV, Small Appliances and Shoes; Restaurants, including fast food restaurants but not drive -in restaurants Shopping Center, as defined in the Land Development Code comprised of uses consistent with those identified in this section. • Veterinary Clinics with no outside kenneling. • Permitted and conditional uses allowed in the C -4 zoning district shall also be allowed except the for following: - Tire Dealers, Automotive Retail (Group 5531) - Automotive Parking (Group 7521) CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion . _ _Agenda Item 4.6. - Communication Services (Grout) 4899) - Drinking Places (Group 5813) - Fishina Piers (Group7999) - Glass and Glazing work (Group 1793) - Health Services (Groups 8059 -8069) - Specialty Outpatient Facilities (Group 8093) - Houseboat Rental, Lakes Operations, Party and Pleasure Boat rental (Group 7999) - Large Appliance repair service (Group 7623) - Marinas (aroup 4493 and 4499) - Miscellaneous Repair Services (Groups 7622 -7641. 7699) - Liquor Store unless operated by Grocery Retailer (Group 5921) - Used Merchandise Store (Group 5932) - Automatic Merchandising Machine Operators (Group 5962) - Direct Selling Establishment (Group 5963) - Escort Services, Massage Parlors, Tattoo Parlors, Turkish Baths, Wedding Chapels (Group 7299) - Betting Information Services Bath Houses Billiard Parlors, Bookies and Bookmakers, Cable lifts, Carnival Operation, Circus Companies, Fortune Tellers Go-cart racing operation, Off -track betting, Ping Pong Parlors, Rodeo Animal Rentals, Rodeos, Shooting Ranges, Trapshooting Facilities (Group 7999) - Parole offices, Probation offices, Public welfare centers, refugee services, settlement houses (Group 8322) - Tow -in parking lots (Groups 7514, 7515, 7521) - Animal Specialty Services (Group 0752) ,c1 Site design and architectural treatments: All or part of Tracts 54, 71, 72, 89, 90, 107, 108, 125, 126 and 127 shall at time of zoning provide information and conceptual design materials indicating the style and general architectural design of buildings. The focus of proposed design elements shall be to capture the rural nature of the surrounding area in the features and design of the proiect where practicably possible. PROJECT DESCRIPTION: The petitioner is requesting approval to expand the Randall Boulevard Commercial Subdistrict by 48.97± acres and modify it to allow up to an additional 390,950 sq. ft. of commercial development (315,950 sq. ft. Shopping Center and 75,000 sq. ft. Office — Medical and General of the General Commercial (C -4) zoning district of the Collier County Land Development Code). SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Site: The subject project boundary includes the following Tracts within Unit 23, Golden Gate Estates. All tracts are zoned E, Estates, except Tracts 54 (east 1/2) and 74, which are zoned Planned Unit Development (Randall Blvd. Center and Mir Mar), and all are located within a 4 CP -2008-2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.6. Special Treatment (Wellfield) Overlay (ST/W). Also, Tract 126 and the W1/2 of Tract 54 are each approved for an essential services provisional use. Tract 54 (W 1/2): The subject site is developed with a fire station and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a principal arterial roadway - Immokalee Road. (Property is owned by the Big Corkscrew Island Fire Control) Tract 54 (E 1/2): The subject site is developed with a shopping center (Mir Mar PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on a rural minor collector roadway - Randall Boulevard. Tract 71 (portion of): The subject site is undeveloped (Randall Blvd. Center PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on Randall Boulevard. Tract 71 (portion of): The subject site is developed with a gasoline and convenience store (Randall Blvd. Center PUD) and is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict. The site is located on Randall Boulevard. Tract 72: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 89 (W 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 89 (E 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 90 (W 180 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 90 (E 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 107 (W 1/2): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 107 (E 1/2): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 108 (W 180 ft): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 108 (E 150 ft.): The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. Tract 125: The subject site is undeveloped and is designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard. CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Tract 126: The subject site is developed with a Division of Forestry facility, including a fire tower, and is designated Estates — Mixed Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard and a local roadway — 8th Street NE. (Property is owned by Collier County.) Tract 127 (N 150 ft.): The subject site is developed with a single family home and is designated Estates — Mixed Use District, Residential Estates Subdistrict. The site is located on 8th Street NE. Tract 127 (S 180 ft.): The subject site is undeveloped and is designated Estates — Mixed Use District, Residential Estates Subdistrict. The site is located on 8th Street NE. Tract 55: The subject site is undeveloped and is designated Estates — Mixed Use District, Residential Estates Subdistrict. The site is located on a local roadway — 24th Avenue NE. (Property is owned by Big Corkscrew Island Fire Control.) Surroundinq Lands: • North: Immokalee Road, a 6 -lane divided road, then scattered family dwellings on lands zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict); and, Randall Boulevard, a 2 -lane undivided collector road, then Orangetree PUD - commercial tract under development and developed single - family homes — all designated Agricultural /Rural (Rural Settlement Area District) on the GGAMP Future Land Use Map. [The site of petition CP- 2007 -2 lies 1 mile to the north.] • South: Developed single- family homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. • East: Across 81h Street NE, a 2 -lane undivided local road, undeveloped tracts; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. • West: Across Corkscrew Canal, undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. [The site of petition CP- 2007 -1 lies <1/2 mile to the west.] STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this cycle — statutory data and analysis, the GMP vision, and HB 697 — and one item common to the six petitions seeking amendments to the GGAMP. Ayyrowlateness of Change: The proposed amendment would allow intense commercial development in an area of the County intended for low density residential development. An evaluation of the project site and surrounding area, commercial needs assessment, population growth in the area, development 6 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. impacts, infrastructure demands, and other considerations will be analyzed to determine the appropriateness of this proposed change. Background and Considerations: • Golden Gate Area Master Plan (GGAMP) — Goals, Objectives and Policies: Goal 3: Provide for basic commercial services for purposes of serving the rural needs of Golden Gate Estates residents, shortening vehicle trips, and preserving rural character. Goal 5: Future development within Golden Gate Estates will balance the desire by residents for urban amenities with the preservation of the area's rural character... The above goals and their related objectives and policies found in the GGAMP demonstrate the community's desire to maintain the rural character of the Estates while providing for the basic commercial needs of its growing population. The proposed expansion and commercial intensification of the Randall Boulevard Commercial Subdistrict by 48.97+ acres with up to an additional 390,950 sq. ft. of commercial development of the General Commercial (C -4) zoning district, is not consistent with, or reflective of, the Estates residents' vision of the area as expressed in the Golden Gate Area Master Plan. • Commercial opportunities within Golden Gate Estates: In 1991, the Golden Gate Area Master Plan was adopted and incorporated into the county's Growth Management Plan. The Plan established locational criteria limiting commercial development in the Estates designation to the Estates Neighborhood Centers, site - specific commercial subdistricts, and already existing commercially zoned lands. • Estates Neighborhood Centers: The Estates Neighborhood Centers were established as a means to direct new commercial development to areas where traffic impacts could be readily accommodated. These Centers were originally located at Pine Ridge and C.R. 951, Golden Gate and Wilson Boulevards, Golden Gate and Everglades Boulevards, and Immokalee Road and Everglades Boulevard, along major roadways and distributed according to projected commercial demand in the Estates. In 1992, the Board of County Commissioners denied a commercial rezone petition at the Golden Gate and Everglades Boulevard Neighborhood Center and directed staff to remove all Neighborhood Centers east of C.R. 951, stating the commercial centers were premature. Those centers were removed in 1993. In 1996, the Neighborhood Center concept was reevaluated as part of the Evaluation and Appraisal Report review process required by State Law. As a result, the neighborhood centers at Golden Gate and Wilson Boulevards and Immokalee Rd. and Everglades Boulevard were reinstated in 1997 as future centers on the GGAMP Future Land Use Map. In 2002, the GGAMP Restudy Committee was formed by the Board of County Commissioners and authorized, in part, to study the commercial land use needs of the Golden Gate Estates community. County staff worked closely with the Committee and community to identify appropriate areas to locate new commercial development within the Estates. The Committee recommendations to the BCC included added provisions for the 7 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. expansion and creation of Neighborhood Centers within the Estates. The Board of County Commissioners subsequently adopted amendments to the GGAMP and Future Land Use Map and map series in 2003 to include the recommended expansions and new neighborhood centers (in effect, neighborhood centers were reestablished at their original locations but some were increased in size). • Development patterns in the Neighborhood Centers east of Collier Boulevard: Wilson Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 8.45 acres — Partially DEVELOPED (Approximately 2.65 acres are developed with 8,113 sq. ft. of convenience commercial.) NW quadrant: Total size is approximately 4.98 acres — UNDEVELOPED (portion of Project Site) SE quadrant: Total size is approximately 7.15 acres (5.00 acs. commercial & 2.15 acs. buffering and r -o -w) — Partially DEVELOPED (Wilson Boulevard Shopping Center — 41,800 sq. ft. of commercial development). Approximately 12,572 sq. ft. undeveloped commercial sq. ft. remaining — Liberty Gold LLC. SW quadrant: Total size is approximately 11.78 acres — Partially DEVELOPED (16,550 sq. ft. Walgreens store). Balance of quadrant added to Neighborhood Center via GMP amendment (CP- 2005 -2) approved in 2007, and rezoned for up to 60,000 sq. ft. of office, medical office and medical related uses.) Everalades Boulevard and Golden Gate Boulevard Center NE quadrant: Total size is approximately 5.46 acres — UNDEVELOPED (Big Bear Plaza CPUD) NW quadrant: Total size is approximately 5.46 acres — UNDEVELOPED (pending rezone to Fakahatchee Plaza CPUD for C -1 thru C -3 uses) SE quadrant: Total size is approximately 5.46 acres - UNDEVELOPED SW quadrant: Total size is approximately 5.46 acres - UNDEVELOPED Immokalee Rd. and Everglades Boulevard Center SE quadrant: Total size is approximately 9.20 acres — UNDEVELOPED (4.05 acres have been rezoned from E, Estates to Chestnut Place MPUD for C -1 thru C -3 uses — balance of PUD lies outside of Neighborhood Center and is approved for church) SW quadrant: Total size is approximately 5.15 acres- UNDEVELOPED (pending rezone to Singer Park CPUD for C -1 thru C -3 uses) The potential and existing commercial sq. ft. within the Estates Neighborhood Centers located east of Collier Boulevard is 450,186 square feet, based on the CIGM and approved zoning. (It 8 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. should be noted that the CIGM uses a countywide average of 6,044 sq. ft. /ac. to determine potential commercial development.) • Existing commercial acreage serving portions of the Estates, but not located within an Estates Neighborhood Center: Randall Boulevard Commercial Subdistrict: Approximately 7.53 acres are allocated for up to 41,000 sq. ft. of commercial development, located within Section 27, Township 48 South, Range 27 East. This Subdistrict acreage is included as part of this GMPA petition. • Commercial development projected to serve portions of the Estates, but not located within an Estates Neighborhood Center: Orange Tree PUD: Approximately 22 acres within the Planned Unit Development are allocated for up to 60,000 square feet of commercial development, located in Sections 22 and 23, Township 48 South, Range 27 East. This PUD is located across Randall Blvd. from to the proposed project site (refer to map on page 10). (A petition to increase the commercial sq. ft. up to 332,000 sq. ft. in the PUD is pending.) [Approved for 2,100 dwelling units; pending petition to increase this to 3,350 dwelling units.] Orange Blossom Ranch PUD: Approximately 44 acres within the Planned Unit Development are allocated for up to 200,000 square feet of commercial development, located in Section 13, Township 48 South, Range 27 East. This PUD is located approximately 4.00 road miles from the proposed project site (refer to map on page 10). [Approved for 1,600 dwelling units.] Big Cypress Development of Regional Impact (DRI) /Stewardship Receiving Area (SRA) - pending. Approximately 564 acres within the DRI are allocated for up to 987,188 square feet of retail /service commercial and 664,395 square feet of office development (also includes approximately 494,080 sq. ft. light industrial), located in Sections 10, 14 and 27, Township 48 South, Range 28 East. This pending DRI is located approximately 5 miles from the proposed project site (refer to map on page 10). [Proposes 8,968 dwelling units.] Rural Villages — potential (allowed): Two Rural Villages ranging in size from 300 to 1,500 -acres are permitted on the Receiving Lands west and south of the proposed project location (refer to map on page 10). A Rural Village development must include a Village Center and may also include several Neighborhood Centers. A 300+ acre (calculation doesn't include Greenbelt Area) Rural Village will yield a 30 -acre Village Center with approximately 90,000 sq. ft. of commercial development. Neighborhood Centers within the same Rural Village may consist of a 1.50 -acre Center with approximately 5,100 -sq. ft. of commercial development. A 1,500 -acre Rural Village will yield a 150 -acre Village Center with approximately 450,000 -sq. ft. of commercial development. Neighborhood 9 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Centers within the same Rural Village may consist of 7.50 acres each with approximately 25,500 -sq. ft. of commercial development within each center. The Receiving Lands range in distance from approximately 1.50 to 6 road miles from the proposed project site. [Density in Rural Village must be between 2 -3 dwelling units /acre.] Future commercial development outside of Golden Gate Estates - as part of Rural Village (allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected commercial demand in the Estates area. • Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation. The attached location map identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area_ The table below also provides information about these five petitions seeking amendments to the Golden Gate Area Master Plan. The 10 OVUM_arwar QA. rrM rre� �r GOLDEN GATE AREA M.ei� FUTURE LAND USE MAP h .s.m w. rrr.rr �rtir.nr.fw.r.r .rrr rw rrrr� � 7 w�.r Alld'�1+.+'� �.�����+Yr. OOIOIIAIXtlMb �a.w irl.M rrr raw►i��i �I�w C_ u A�f Neight Drhoad _ rwr�r.e Ce ter rrwr e.rr. w�ryr �.wrl�M LL:_ruse Orange T e 1 Orange BI seem Ranch ~ � i Proposed Project us Site ooeosatlts 4"D is Cypress '; so ag - RA#OMti At0a1s►ND )t ` Lance . andall Blvd. --DRI - °-s r— Commercial -4J Center v�sMlpvtr j Neighb hood Noigh rhood f�N % b i COW r Ce ter >g< ootaa avert 1 ub S Y � 7R M9tfRl rILVO IL a Neighborhood ♦+� ' rCeIr Ratehdno Lands 40 /Kay ` I, eR'ry as M Future commercial development outside of Golden Gate Estates - as part of Rural Village (allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected commercial demand in the Estates area. • Petitions in Vicinity It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition request is for mostly institutional uses, but includes a small commercial allocation. The attached location map identifies these five petition sites, what each request consists of, and commercial opportunities in the surrounding area_ The table below also provides information about these five petitions seeking amendments to the Golden Gate Area Master Plan. The 10 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions. Petition Location # Acres Request CP- 2007 -1 SE comer CR846/Wilson Blvd. 5.17 Create Wilson Blvd. Commercial Subdistrict to allow max. of 40,000 S.F. of com'I uses CP- 2007 -2 SW comer of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road Commercial Subdistrict to allow max. of 70,000 S.F. of C -1 thru C -3 com'I uses CP- 2007 -3 south side of CR858, 1/4 mile west of 21.72 Create Mission Subdistrict to allow Everglades Blvd. institutional uses (church and related uses, e.g. child & adult day care), and limited C -1 com'I uses (90,000 s.f. total, inclusive of 2,500 s.f. of com,l CP- 2008 -1 NW quadrant of Wilson & Golden Gate 40.62 Create a new Estates Shopping Blvds. Center Subdistrict to allow up to 225,000 s.f of C -4 com'I uses, with exceptions, and select C -5 commercial uses, with a requirement to provide a grocery store [portion of site (4.98 acs.) lies within existing Neighborhood Center and could yield 30,099 s.f. of com'I CP- 2008 -2 south side of CR846 & Randall 56.50 Expand and modify Randall Blvd Blvd., from canal east to 8th Street Commercial Subdistrict to add NE (inclusive of BCI Fire Station, 390,950 s.f. of C-4 com'l uses existing Randall Blvd. Com'I [zoning in existing Subdistrict Subdistrict, and DOF fire tower site). allows 41,000 s.f. of com'I on 7.53 acs.] sum 134.29 769,450 s.f. of com'I [728,450 s.f. is [121.78 new] acres are new Two of the five petitions proposed (CP- 2008 -1 & CP- 2008 -2) could be categorized as community serving in nature, providing a wider variety of goods and services and more intense land use activities than the others, which likely would provide convenience goods and services, consistent with existing commercial uses in the Estates Neighborhood Centers. In total, the commercial square feet proposed by these five petitions, if approved, would add approximately 728,450 sq. ft. of commercial uses on approximately 121.78 acres. This figure, combined with the existing and potential commercial sq. ft. allowed in the Estates Neighborhood Centers (450,186 sq. ft.), existing Randall Boulevard Commercial Subdistrict (41,000), OrangeTree PUD (approved for 60,000, but expected to increase to 332,000 sq. ft. via a pending petition) and Orange Blossom Ranch PUD (200,000 sq. ft.), would total approximately 1,751,636 sq. ft. (This figure does not reflect the 987,188 sq. ft. in the pending Big Cypress DRI or future development of the Rural Fringe Mixed Use District, located proximate to the proposed GMPAs.) 11 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Commercial Demand: Comprehensive Planning staff reviewed and analyzed the petitioner's commercial demand data and analysis, the Collier Interactive Growth Model (CIGM), and other available data to estimate and project population within the defined Study area to determine the existing and potential commercial supply, supportable commercial square feet and demand. Additionally, staff analyzed the CIGM population estimates and projections and supportable commercial square feet for all Estates designated lands located east of Collier Boulevard and the Rural Settlement Area to determine the need for neighborhood and community serving commercial centers. Staff began the analysis with the CIGM to obtain baseline population estimates and projections, and housing unit counts for the petitioner's defined market area. Staff examined the projected supportable commercial square feet generated from the resulting population (demand), and then compared those figures to the existing and potential commercial sq. ft. supply in the market area. The Model projected that the population in the petitioner's Primary Trade Area (PTA) and combined PTA and Secondary Market Area (SMA) in 2010 will be approximately 16,707 and 27,903 people respectively, and the supportable neighborhood commercial square feet in the PTA and combined PTA/SMA will be 141,174 and 235,780 respectively; and, by year 2030 the population in the PTA and combined PTA/SMA will be approximately 30,989 and 52,812 respectively, and the estimated supportable neighborhood commercial square feet in the PTA and combined PTA/SMA will be approximately 261,857 and 446,261 respectively. Staff then examined the existing and potential neighborhood commercial supply and compared those figures with the supportable square feet figures generated from the population growth in the market area. Staff determined that the neighborhood commercial supply in the PTA and combined PTA/SMA of 346,410 (546,410 sq. ft. figure reduced by 200,000 — Orange Blossom Ranch) and 533,536 (733,536 sq. ft. figure reduced by 200,000 — Orange Blossom Ranch) respectively, will exceed what the market area can potentially support. Additionally, the Model projected that the supportable community commercial square feet in the PTA and combined PTA/SMA will be 124,968 and 208,714 respectively in 2010; and, by year 2030 the projected supportable community commercial square feet in the PTA and combined PTA/SMA will be approximately 231,798 and 446,261 respectively. Staff identified approximately 200,000 sq. ft. of potential community serving commercial is located in the Orange Blossom PUD, located approximately 3+ miles from the proposed project site. Also, there is a petition pending to increase commercial sq. ft. up to 332,000 in the Orange Tree PUD, which is located proximate to the proposed project. The combined commercial sq. ft. in these two PUDs would provide a total of up to 532,000 sq. ft. of community serving commercial to the Estates and Rural Settlement Area residents. The following is a complete analysis of this proposed GMPA based on the CIGM for all years, beginning with year 2007 through year 2030. • Collier Interactive Growth Model The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning effort to assess the County's ability to accommodate growth within the County east of Collier Boulevard (CR 951). Included in the second phase of the study was the development of a Collier County Interactive Growth Model (CIGM). The Board adopted the CIGM as a planning tool at its advertised public hearing on January 13, 2009. This model 12 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. was developed to assist in projecting population and its spatial distribution over time to build -out in all areas lying east of CR 951. The interactive growth model is also utilized to approximate the timing and location of commercial and industrial centers, school facilities, parks and recreational facilities, fire stations, etc. The commercial sub -model is designed to project the demand for neighborhood, community and regional centers that include retail and other commercial uses. This sub -model helps to spatially allocate the optimal locations for these centers required as a function of time and population, and as a result of disposable incomes of the population. Guidelines for Commercial Development used in the CIGM: • Number of Persons per Neighborhood Center: 13,110 • Number of Persons per Community Center: 34,464 • Number of Persons per Regional Center: 157,324 • Number of Acres per Neighborhood Center: 11 • Number of Acres per Community Center: 28 • Number of Acres per Regional Center: 100 • Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita) • Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita) • Square Feet Building Area per Regional Center: 1,000,000 (6.36 SOFT per Capita) The above floor area figures are the average sizes of Neighborhood, Community and Regional Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller, than these countywide averages; that is, there is a range in size of each type of Center. Each type of Center is classified based upon size as well as uses. Based on the CIGM, staff has developed a commercial analysis for petition CP- 2008 -2 as follows (the 8 referenced maps are attached to this Staff Report): • Existing and Potential Commercial SOFT in the Primary Market Area (see Map 1 attached) Within the petitioner's defined Primary Trade Area (PTA) there are 89,813 SOFT of existing commercial development and 456,597 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the PTA is 546,410. Existing and Potential Commercial SOFT in the Secondary Market Area Within the petitioner's defined Secondary Market Area (SMA) there is 0 SOFT of existing commercial development and 187,126 SOFT of potential commercial development (vacant land designated as commercial & vacant land zoned commercial). The total existing and potential commercial SOFT within the SMA is 187,126. Total Existing and Potential Commercial SOFT within the PTA and SMA (see Map 5 attached: The total existing and potential commercial SOFT within the PTA and SMA is 733,536. • Housing Units & Population (see Map 2, attached Based on the CIGM, the total housing units and total population in the PTA are /will be: 2007 — 4,818 units and 14,376 persons; 2010 — 5,600 units and 16,707 persons; 2015 — 7,032 units and 20,654 persons; 2020 — 8,376 units and 24,531 persons; 2025 — 9,602 units and 28,030 persons; and, 2030 — 10,653 units and 30,989 persons. 13 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Housing Units & Population Based on the CIGM, the total housing units and total population in the SMA aretwill be: 2007 - 3,118 units and 9,717 persons; 2010 - 3,503 units and 11,196 persons; 2015 - 4,419 units and 13,780 persons; 2020 - 5,705 units and 16,840 persons; 2025 - 6,643 units and 19,456 persons; and, 2030 - 7,518 units and 21,823 persons. Total Housing Units & Population within the PTA and SMA (see Map 6, attached) The total housing units and total population in the PTA and SMA are /will be: 2007 - 7,936 units and 24,093 persons; 2010 - 9,103 units and 27,903 persons; 2015 - 11,451 units and 34,434 persons; 2020 - 14,081 units and 41,371 persons; 2025 - 16,245 units and 47,486 persons; and, 2030 - 18,171 units and 52,812 persons. Square Footage Demand for a Community Center within the PTA (see Map 3, attached) The total existing/projected population within the PTA translates into an existing/ projected demand for commercial space within the PTA as follows: 2007 - 14,376 persons yields demand for 107,533 square feet of commercial (7.48 SQ FT per capita); 2010 - 16,707 persons yields demand for 124,986 SQ FT; 2015 - 20,654 persons yields demand for 154,492 SQ FT; 2020 - 24,531 persons yields demand for 183,492 SQ FT; 2025 - 28,030 persons yields demand for 209,664 SQ FT; and, 2030 - 30,989 persons yields demand for 231,798 SQ FT. The existing and potential community commercial SOFT (Supply) within the PTA is 200,000. Based on the criteria established in the CIGM, demand for community commercial will not be generated by the population within the defined PTA until sometime between years 2025 and 2030. However, it should be noted that a petition for the Orangetree development to increase community commercial square feet to 332,000 is pending. If approved, demand for additional community serving sq. ft. would not be generated by the combined trade area population until sometime after year 2030. (It should be noted that the parcels located in OrangeTree are fragmented, and as such may only develop as neighborhood serving commercial.) Further, the addition of the requested GMPA sq. ft. of 390,950 may not likely be supported by the PTA population until well beyond year 2030. Total Square Footage Demand for a Community Center within the combined PTA & SMA (see Map 7, attached) The total existing/projected population within the PTA and SMA translates into an existing/ projected demand for commercial space within the combined trade areas as follows: 2007 - 24,093 persons yields demand for 180,216 square feet of commercial (7.48 SQ FT per capita); 2010 - 27,903 persons yields demand for 208,714 SQ FT; 2015 - 34,434 persons yields demand for 257,566 SQ FT; 2020 - 41,371 persons yields demand for 309,455 SQ FT; 2025 - 47,486 persons yields demand for 355,195 SQ FT; and, 2030 - 52,812 persons yields demand for 395,034 SQ FT. The existing and potential community commercial SOFT (Supply) within the PTA and SMA is 200,000. Based on the criteria established in the CIGM, demand for additional community commercial will be generated by the population within the combined PTA and SMA around year 2010. However, it should be noted that a petition for the Orangetree development to increase community commercial square feet to 332,000 is pending. If approved, demand for additional community serving sq. ft. would not be generated by the combined trade area population until sometime after year 2030. (It should be noted that the parcels located in OrangeTree are fragmented, and as such may only develop as neighborhood serving commercial.) 14 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Square Footage Demand for a Neighborhood Center within the PTA (see Map 4, attached) The total existing /projected population within the PTA translates into an existing/ projected demand for commercial space within the PTA as follows: 2007 — 14,376 persons yields demand for 121,477 square feet of commercial (8.45 SOFT per capita); 2010 — 16,707 persons yields demand for 141,174 SO FT; 2015 — 20,654 persons yields demand for 174,526 SO FT; 2020 — 24,531 persons yields demand for 207,287 SO FT; 2025 — 28,030 persons yields demand for 236,854 SO FT; and, 2030 — 30,989 persons in 2030 translate to 261,857 square feet demand for commercial space. The existing and potential commercial SOFT (Supply) within the PTA is 346,410; therefore, there will not be a need for additional neighborhood center commercial in this PTA until sometime after year 2030. Total Square Footage Demand for a Neighborhood Center within the combined PTA & SMA (see Map 8, attached The total existing /projected population within the PTA and SMA translates into an existing/ projected demand for commercial space within the combined market areas as follows: 2007 — 24,093 persons yields demand for 203,586 square feet of commercial (8.45 SOFT per capita); 2010 — 27,903 persons yields demand for 235,780 SO FT; 2015 — 34,434 persons yields demand for 290,967 SO FT; 2020 — 41,371 persons yields demand for 349,585 SO FT; 2025 — 47,486 persons yields demand for 401,257 SO FT; and, 2030 — 52,812 persons translates to 446,261 square feet demand for commercial space. The existing and potential commercial SOFT (Supply) within the combined trade area is 533,536; therefore, there will not be a need for additional neighborhood center commercial in this combined trade area until sometime after year 2030. [Data Sources: The CIGM analysis for this petition utilized: (1) the 2008 commercial inventory prepared by the Collier County Comprehensive Planning Department; (2) present GMP designations that allow commercial zoning, (3) housing unit and population projections prepared by the CIGM consultant, which account for vacancy rates. There is a minor discrepancy between the CIGM population projections and those prepared by the Bureau of Economic and Business Research at the University of Florida.] • Justification for the proposed amendment and commercial demand analysis, as provided by the petitioner (refer to Exhibit L): The Commercial Needs Analysis was prepared by Fraser & Mohlke Associates, Inc. The Study evaluated and compared market conditions and population within Golden Gate Estates and within three separate Planning Communities — Corkscrew, Rural Estates and Urban Estates; evaluated and compared market conditions and population estimates and projections in Zip Code 34120; evaluated CIGM population estimates and projections and build -out housing unit counts; assessed the transportation network surrounding the proposed project site; and then applied similar market characteristics to the project's established Primary Trade Area (PTA) and Secondary Market Area (SMA) to determine commercial demand. The Primary Trade Area (PTA) and Secondary Market Area (SMA) generally include much of the Estates designated areas located east of Collier Boulevard, extending north from Golden Gate Boulevard to Immokalee Road, and extending to the eastern boundary of the Estates designation, including the Rural Settlement Area (refer to map on page 16 [subject site is in yellow]). 15 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion _ --- --_-�- ,r - IF i I ' al • „ » ii a I Agenda Item 4.6. I I ' 390 ) !? `P,aI arr.. A) 9 219 a I�� a 238 235 234 _� I PTA Traffic Analysis Zones (TAZ): 214 - 217, 393 - 396, 398 - 400, and 402 SMA Traffic Analysis Zones (TAZ): 213,218,234- 236, 390, 391, and 397 The consultant's approach to analyzing supportable commercial square feet based on the data specific to the geographies studied, including but not limited to, population projections, per capita income, dwelling unit counts, retail expenditures, and sales data was deemed reasonable by staff. However, the Study contains outdated data and does not contain essential commercial supply data necessary to accurately evaluate the commercial demand. The absence of this data gives the appearance that certain geographic areas studied may be underserved by commercial land uses. Specific to the project's PTA, the Study evaluates commercial demand based on CIGM population estimates (2007) and projections (2010 & 2015) for the area along with the application of market characteristics derived from similar geographies studied. However, the PTA analysis includes population projections for the entire market area, but does not include all existing and potential commercial supply, thereby overstating the area's commercial deficit. The consultant's findings based on the CIGM population estimates and projections for the PTA and SMA are below. • The total population in the Primary Trade Area (PTA) is /will be: 2007 - 14,156 persons; 2010 - 16,409 persons; 2015 - 18,669 persons; and, build -out - 36,125 persons. r (Dwelling units at build -out are estimated at 13,834 units. 16 400 1 W a, j arr.. A) 9 219 a I�� a 238 235 234 _� I PTA Traffic Analysis Zones (TAZ): 214 - 217, 393 - 396, 398 - 400, and 402 SMA Traffic Analysis Zones (TAZ): 213,218,234- 236, 390, 391, and 397 The consultant's approach to analyzing supportable commercial square feet based on the data specific to the geographies studied, including but not limited to, population projections, per capita income, dwelling unit counts, retail expenditures, and sales data was deemed reasonable by staff. However, the Study contains outdated data and does not contain essential commercial supply data necessary to accurately evaluate the commercial demand. The absence of this data gives the appearance that certain geographic areas studied may be underserved by commercial land uses. Specific to the project's PTA, the Study evaluates commercial demand based on CIGM population estimates (2007) and projections (2010 & 2015) for the area along with the application of market characteristics derived from similar geographies studied. However, the PTA analysis includes population projections for the entire market area, but does not include all existing and potential commercial supply, thereby overstating the area's commercial deficit. The consultant's findings based on the CIGM population estimates and projections for the PTA and SMA are below. • The total population in the Primary Trade Area (PTA) is /will be: 2007 - 14,156 persons; 2010 - 16,409 persons; 2015 - 18,669 persons; and, build -out - 36,125 persons. r (Dwelling units at build -out are estimated at 13,834 units. 16 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. • The total population in the Secondary Market Area (SMA) will be: 27,239 persons at build -out, based on the CIGM, or 27,874 persons, based on the 2005 Residential Build - Out Study prepared by the Collier County Comprehensive Planning Dept. • The consultant estimated that by build -out the total population within the PTA (36,125 persons) and the SMA (27,239 persons) would support approximately 473,963 sq. ft. of community center commercial land uses, requiring a total of 54.40 acres. (Note: the OrangeTree PUD, Orange Blossom Ranch PUD and other potential commercial sq. ft. figures and acreages were not included in the consultant's commercial inventory. Inclusion of these potential commercial sq. ft. figures results in an increase in net supply and a decrease in demand for the area.) Population Projections (CIGM); and, Neighborhood and Community Center supportable sq. ft. (CIGM) in Golden Gate Estates and the Rural Settlement Area: The population in Golden Gate Estates (east of Collier Boulevard) and the Rural Settlement Area is projected to be: 35,136 persons in year 2010; 51,560 persons in year 2020; 65,217 persons in year 2030; and, 81,847 persons by build -out. (see Housing Units and Population Forecast map, attached) Based on CIGM criteria, approximately 35,136 persons could support approximately 296,899 sq. ft. of neighborhood serving commercial and 262,817 sq. ft. of community serving commercial; 51,560 persons could support approximately 435,632 sq. ft. of neighborhood serving commercial and 385,669 sq. ft. of community serving commercial; 65,217 persons could support approximately 551,084 sq. ft. of neighborhood serving commercial and 487,823 sq. ft. of community serving commercial; and, 81,847 persons could support approximately 691,607 sq. ft. of neighborhood serving commercial and 612,216 sq. ft. of community serving commercial. As noted in a previous section of this Report, the existing and potential supply of neighborhood serving commercial is approximately 551,186 sq. ft. and community serving commercial is approximately 200,000 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree PUD). If the five proposed GMPAs east of Collier Blvd. are approved, the existing and potential supply of neighborhood serving commercial will increase to 636,686 sq. ft. and community serving commercial will increase to approximately 815,950 sq. ft (plus 332,000 sq. ft. potential in OrangeTree PUD). Based on the above analysis, it is evident that the existing and potential neighborhood serving commercial supply is sufficient to support the needs of the Estates /Rural Settlement Area for the immediate future to year 2030. Conversely, the data reveal that there is a deficit of community serving commercial sq. ft. beginning in year 2010 in the amount of 63,817 sq. ft. This deficit is projected to increase to 185,665 sq. ft. in year 2020; 287,823 sq. ft. by year 2030; and 412,216 sq. ft. by build -out. (Note: Population in certain sections of the Estates designated lands, located within 2 -miles east of Collier Boulevard, north and south of Golden Gate Blvd. and south of White Blvd. have been omitted from this analysis. This analysis assumes that most of the described population is /will be served primarily by commercial centers located along, or west of, Collier Blvd.) 17 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda item 4.13. (Note: This analysis does not consider intermodal splits which demonstrate peak hour of the trips with an urban destination in the morning. Shopping patterns related to that traffic to the urban area is not factored into the market analysis. As a result, 100% of commercial spending is assumed to be in the market area.) • Site Assessment — General Comments: Roadway: The site is situated on Randall Blvd. and 81h Street NE. Randall Blvd. is expected to be widened in the future, initially to 4 -lanes and then to 6- lanes. Randall Blvd. Status Randall Blvd. is identified in the 2030 Long Range Transportation Plan as a future 4 -lane divided roadway. In the 2009 Annual Update and Inventory Report, no funds are allocated for right -of -way acquisition, design/engineering or construction. The easterly terminus of Randall Boulevard is at the eastern edge of Golden Gate Estates and the western edge of the Rural Lands Stewardship Area (RLSA). The pending Big Cypress DRI within the RLSA proposes access to Randall Boulevard (and Oil Well Rd. and 18'h Avenue NE.) Access: Access to the proposed Subdistrict will be from Randall Blvd and a Street NE. The site is expected to include an internal roadway running through the entire property along the southern boundary. Site Depth and Width: The site is approximately 660 feet deep and the width of the property, from 8t' Street NE to the Randall Blvd. Center PUD is approximately 2,650 feet (1/2 mile) . However, the site's developable area and depth will be reduced to accommodate the Randall Blvd. road widening project (80 feet along property frontage) and a Street NE intersection improvements. Further, the southern portion of the property will be reduced by at least 75 feet to accommodate a landscape buffer adjacent to the residential areas. Utilities: The proposed project will be served by central water and sewer — OrangeTree or Collier County Utilities. Adjacent Properties: The properties south of the subject site are zoned E, Estates and designated Estates on the GGAMP Future Land Use Map; about half of the parcels contain single family dwellings. The developed single family residential neighborhood located across Randall Boulevard is zoned MPUD, OrangeTree PUD, and is characterized as urban development. Rural Character Impact: The proposed project will most likely alter the rural character of the area. Typically, the residents in the area can expect to experience increased noise, lighttglare and traffic volumes at the site and around the surrounding area. It will be critical at time of rezoning, if the GMPA is approved, to address project uses, a unified theme of development, buffers, setbacks, heights, hours of operation, and noise and light mitigation in order to minimize resulting project impacts and to protect the rural character of the Estates area. 18 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. Environmental Impacts: The environmental report prepared by Jeremy Sterk with Davidson Engineering and submitted with this petition, dated August 18, 2009, indicates the following: • The project site includes one single family home; governmental and commercial facilities; dry herbaceous; palmetto prarie; pine flatwoods; cypress; and drained pine- cypress- cabbage palm habitats with some level of exotic infestation; roadway; canal; and FPL easement. The soils found on site are hydric soils malabar fine sand and pineda fine sand, limestone substratum and non - hydric soils Immokalee fine sand and oldsmar fine sand. The listed species survey conducted on site concluded that there were listed species found utilizing the site, and there were signs of gopher tortoises. Non - listed species observed include various songbirds, black vulture, cattle egret, swallow - tailed kite, Eastern gray squirrel, nine - banded armadillo, and various reptiles. The protected plant species of wild pine and Florida butterfly orchids were found on the site. The site lies within secondary panther habitat and core foraging area for wood storks. Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the application and provided the following comments: • No special environmental concerns are associated with the establishment of the Subdistrict on the subject site. • Staff has not verified the provided Florida Land Use Cover & Forms Classification System (FLUCCS) mapping and does not approve it or the Environmental Impact Statement with this petition. • Native vegetation preservation requirements will be specifically addressed during subsequent development order review (rezone and/or site development plan). The preserve location will be subject to the ranking requirements of Conservation & Coastal Management Plan (CCME) Section 6.1.1(4). Historical and Archeological Impacts: The Florida Master Site File lists no previously recorded archeological sites, one historic bridge and no standing structures within the project acreage. The Florida Dept. of State, Division of Historical Resources cautions the property owner that sites may contain unrecorded archaeological resources even if previously surveyed for cultural resources. Further, this site has not been identified on the County's Historical and Archeological Probability maps. Traffic Impacts and GMP Consistency: • Traffic Impacts: Randall Boulevard Impacts The first concurrency link that would be impacted by this project is Link 132, Randall Boulevard between Immokalee Road and Everglades Boulevard. The project would generate up to 477 PM peak hour, peak direction trips on this link, which represents a 19 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.6. 53.00% impact. This concurrency link reflects a remaining capacity of 214 trips in the adopted 2008 AUIR and is at Level of Service "D ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. The second concurrency link on Randall that would be impacted by this project is Link 133, Randall Boulevard between Everglades Boulevard and Desoto Boulevard. The project would generate up to 318 PM peak hour, peak direction trips on this link, which represents a 35.33% impact. This concurrency link reflects a remaining capacity of 214 trips in the adopted 2008 AUIR and is at Level of Service "D ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Immokalee Road Impacts The first concurrency link on Immokalee Road that would be impacted by this project is Link 45, Immokalee Road between Wilson Boulevard and Oil Well Road. The project would generate up to 159 PM peak hour, peak direction trips on this link, which represents a 4.33% impact. This concurrency link reflects a remaining capacity of 1,761 trips in the adopted 2008 AUIR and is at Level of Service "B". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. The second concurrency link on Immokalee that would be impacted by this project is Link 46, Immokalee Road between Oil Well and SR -29 (in Immokalee). The project would generate up to 40 PM peak hour, peak direction trips on this link, which represents a 4.65% impact. This concurrency link reflects a remaining capacity of 518 trips in the adopted 2008 AUIR and is at Level of Service "C ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Traveling West on Immokalee Road, the first concurrency link that would be impacted by this project is Link 44, Immokalee Road between Wilson and CR -951. The project would generate up to 124 PM peak hour, peak direction trips on this link, which represents a 3.27% impact. This concurrency link reflects a remaining capacity of 1,971 trips in the adopted 2008 AUIR and is at Level of Service "B ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Oil Well Road Impacts The first concurrency link on Oil Well Road that would be impacted by this project is Link 119, Oil Well Road between Immokalee Road Everglades Boulevard. The project would generate up to 119 PM peak hour, peak direction trips on this link, which represents a 11.78% impact. This concurrency link reflects a remaining capacity of 346 trips in the adopted 2008 AUIR and is at Level of Service "C ". This link is presently let for construction bid and upon execution of the contract, will show additional available capacity for concurrency purposes. To be consistent with the Transportation Element of the GMP prior to the availability of this capacity, network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Everglades Boulevard Impacts The first concurrency link on Immokalee Road that would be impacted by this project is Link 135, Everglades Boulevard between Oil Well Road and Golden Gate Boulevard. The project would generate up to 31 PM peak hour, peak direction trips on this link, which represents a 3.44% impact. This concurrency link reflects a remaining capacity of 563 trips in the adopted 2008 AUIR and is at Level of Service "C ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. 20 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.B. The second concurrency link on Everglades Boulevard that would be impacted by this project is Link 136, between Oil Well and Immokalee Road. The project would generate up to 40 PM peak hour, peak direction trips on this link, which represents a 4.44% impact. This concurrency link reflects a remaining capacity of 499 trips in the adopted 2008 AUIR and is at Level of Service "C ". Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. • Consistency with Policy 5.1 of the Transportation of the Growth Management Plan (GMP): Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, if the applicant provides adequate mitigation. Specific mitigation has been proposed by the petitioner that will satisfy the requirements of Policy 5.1. The developer and County staff are working on the creation of a Developers Contribution Agreement that shall be approved prior to adoption of the Plan amendment. Attached to this Staff Report is a summary of "business points" and the DRAFT Developers Contribution Agreement. Public Facilities Impacts: Water and Wastewater: According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District ( CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer demands from this area are included in these Master Plan Updates. There are an existing 36 -inch water main and an existing 16 -inch force main on Immokalee Road. The water and sewer pipelines will be used for the future North East Regional Water and Wastewater Treatment Plants. Water and sewer services are not currently available. These pipelines will be activated when the North East Plant is ready. Per our current 2008 AUIR, the North East Plant project is anticipated to be constructed and in service by 2018. Collier County Public Utilities does not guarantee a time frame for construction of its capital projects. If adequate capacity is not available, on -site facilities may be provided to serve the needs of the development. Potable Water Demand - Proposed Uses: Office (25,000 sq. ft.) — 3,750 GPD; Medical Office (50,000 sq. ft.) — 5,440 GPD; and Shopping Center (315,950 sq. ft.) — 31,595 GPD. Potable Water Demand — Existing Land Use Designation: 13 Residential Units — 3,900 GPD. The net difference in demand for potable water is 36,885 GPD. Sanitary Sewer Demand - Proposed Uses: Office (25,000 sq. ft.) — 3,750 GPD; Medical Office (50,000 sq. ft.) — 5,440 GPD; and Shopping Center (315,950 sq. ft.) — 31,595 GPD. Sanitary Sewer Demand — Existing Land Use Designation: 13 Residential Units — 3,900 GPD. The net difference in demand for sanitary sewer is 36,885 GPD. 21 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. • Solid Waste: The service provider is Collier County Solid Waste Management. The 2008 AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the required lined cell capacity. The project's change in land use from 13 residential units (127 lbs. /day) to 75,000 sq. ft. of office (3,250 lbs. /day) and 315,950 sq. ft. of shopping center uses (1,896 lbs. /day) would permit an increase in daily trash generation of 5,019 IbsJday. • Drainage: The subject property is located in Flood Zone D. Future development will be required to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on -site and off -site improvements. • Schools, Libraries, Parks and Recreational Facilities: The application does not propose an increase in residential density; therefore, no additional demand for services is anticipated. • EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew Island Fire Control and Rescue District. The nearest fire station is located proximate to the subject site and sheriff substation and EMS services are located approximately two+ miles from the site. The proposed Subdistrict is anticipated to have minimal impacts on safety services and jail facilities. 2008 Legislation — HB 697 This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. The petitioner has submitted the following data and analysis in support of the project's compliance with the new legislation. "One key component repeated throughout the proposed strategies for compliance with HB 697 and the reduction of Green House Gases (GHG) is the reduction of vehicle miles traveled (VMT). VMT is identified by DCA Secretary Tom Pelham as a "key factor" in his report titled "The Role of Local Land Use and Transportation Planning in Reducing GHG ". The proposed project will add retail, office, medical and general commercial uses in an area of the county that has repeatedly been identified as being grossly underserved in retail services. Unlike more urban settings where strategies of proposing higher densities may contribute to reducing the average vehicle miles travelled, the rural residentially dominated Estates will not allow for higher densities. As a result, the most logical and reasonable method to reduce VMT is to locate necessary services where they are most easily accessible to residents in the Estates. The proposed Land Use Change will bring 390,950 square feet of commercial retail and office space to the intersection of Randall Blvd. and Immokalee Road. With the exception of a few small scale retail businesses in the immediate area, the nearest shopping center lies 5.5 miles to the west of the subject site and 11 miles west of the eastern edge of the Estates. The nearest shopping center to the North lies 20 miles away in the Immokalee community, 12 miles by road north of the Northern edge of the Estates area. The size of the proposed project will allow for a full range of retail convenience services that will substantially meet the needs of the surrounding community. This will result in a reduction of VMT ranging between 5 and 10 miles each way for many basic goods and services. 22 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Secondly, the project will create jobs in a location where there are relatively few moderate and large scale employers outside of the Collier County Public School System. Locating businesses in the Estates will help shift the AM and PM peak hour traffic patterns on all County Roads in the area. While the project will create additional traffic on roads adjacent to the subject property, its primary impact to the road system will be to reduce trip lengths for Estates residents thereby improving capacity on these roads as well as contributing to a reduction in GHG in accordance with HB 697" Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would reduce greenhouse gas emissions. Based upon the petitioner's information provided, staff is able to conclude that the project would likely reduce vehicle trips traveled by providing commercial and employment opportunities proximate to area residents. However, the analysis provided was not quantified in terms of trips captured by internal and external users. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on September 15, 2009, after the applicantlagent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Approximately 21 people attended the NIM, held at Collier County University of Florida IFAS Extension Building, located at 14700 Immokalee Road, Naples, FL 34120. The following is a synopsis of the meeting: The County staff planner gave a brief explanation of the GMPA process, including public hearing dates, and the petitioner presented the proposed project in its entirety. Individuals spoke about the following: • Traffic impacts and circulation — discussion concerning site ingress and egress, signalization of intersections, and future improvements to Randall Boulevard and EP Street NE. • Commercial demand — requests for grocery store use, discount stores, medical offices, etc. • Project Impacts — concerns about potential impacts to Valencia Lakes' residents (to the north) and Estates' residents located south of the project. Petitioner mentioned that a type "D" buffer would be provided adjacent to residential properties on southern boundary of project. • Water and sewer availability. Petitioner stated project would likely be on central water and sewer; OrangeTree Utilities or Collier County Utilities. • Project impacts — concerns about lighting, drainage, height of buildings, noises, and buffering adjacent to residential homes. • Project phasing schedule and schedule for Randall Boulevard widening and 8m Street NE improvements. The meeting began at approximately 6:00 p.m. and concluded at approximately 8:15 p.m. [Synopsis prepared by M. Mosca, Principal Planner] 23 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. FINDINGS AND CONCLUSIONS: • The proposed site specific commercial amendment is a departure from the residents' established vision for Golden Gate Estates. Visioning requires public input and coordinated efforts to locate commercial centers where appropriate, considering project impacts, available infrastructure, growth trends, etc. • The GGAMP limits new commercial projects in the Estates to uses generally found in the C- 1 through C -3 zoning districts of the Collier County Land Development Code, which are intended to serve the basic shopping needs of area residents. • Approval of the proposed Subdistrict circumvents the master planning process and limits public involvement. • The proposed development will most likely alter the semi -rural characteristics of the Estates area. Additional noise, light, traffic and etc. can be expected at the site and the surrounding area. • The intensity and scale of the proposed project is consistent with commercial intensities found in urban commercial centers. • The CIGM identifies that in the project's Primary Trade Area (PTA) and the Secondary Market Area (SMA) there will be a demand for community commercial serving uses in 2010 of about 8,714 sq. ft., increasing to approximately 195,034 sq. ft. by 2030. (it should be noted that 225,000 sq. ft. of community commercial uses are proposed in petition GMPA- 2008-1, which includes much of the same trade area as this petition.) • The petitioner's market analysis identified that in the PTA and SMA approximately 473,963 sq. ft. of community center commercial land uses could be supported in the area by build - out. However, the analysis did not less out the already approved community commercial supply of 200,000 sq. ft. on 44 acres in the Orange Blossom Ranch PUD. • The CIGM identifies a deficit of community commercial land uses in the Estates and Rural Settlement Area will exist in year 2010 in the amount of 63,817 sq. ft. and increase to 412,216 sq. ft. by build -out. However, this deficit does not take into account the potential commercial sq. ft. supply in the pending Big Cypress DRI petition, located approximately 6+ miles from the project site; the development is likely to provide commercial and employment opportunities to residents residing in the eastern areas of the Estates. • No significant public facility impacts, except those related to the transportation network, are expected to occur as a result of the approval of this amendment. • Approval of this request to add 390,950 square feet of commercial uses at the subject location may be deemed consistent with policy 5.1 of the Transportation Element of the Growth Management Plan, if the mitigation is approved by the Board of County Commissioners. • The project consists of assembled properties that can accommodate community commercial uses. Staff is aware of no other assemblage in the Estates designated lands, except for M! CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. lands contained in the GMPA petition CP- 2008 -1, and one proximate to the Estates, Orange Blossom Ranch (200,000 sq. ft.). • The project will be served by central water and sewer. • The site has access to Randall Boulevard, a collector road that will eventually become a 4- lane divided road. • All development in this - Subdistrict will be subject to the lighting requirements in Policy 5.1.1. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's office. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2008 -2 to the Board of County Commissioners with a recommendation to not transmit to the Florida Department of Community Affairs. However, should the CCPC choose to recommend transmittal, staff recommends the following revisions to the proposed subdistrict text, mostly to maintain consistency and harmony within the GGAMP, for proper format, use of code language, succinctness and clarity. (Note: single underline text is added, as proposed by petitioner; double underline text is added, double �ugb text is deleted, as proposed by staff). 3. Randall Boulevard Commercial Subdistrict [Page 35] extenalog from s °' Street NE west to the Corkscrew Canals This Subdistrict is comprised of the following properties: Tracts 4. 55. 71, 72, 89, 90, 107, 108, 125, 126 and 127, Golden Gate Estates Unit 23-, aael t"° r—i f 16 6 feel „f , , n �c- �ca�ri vo Tccs�r , e Subdistrict has been designated on the Golden Gate Area Future Land Use Map and the Randall Boulevard ommercial Subdistrict Man. Sea Mall 14 Mae, It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. DemelQpment intensity in this Subdistrict shall not xceed 431,M square feet of floor area. a,. All sommaFaial development is encouraged to be in the form of a PUD. • b Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot i e buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. Shared parking shall be required with adjoining developments whenever possible. 041 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. LL Tract 55 shall only be utilized for pummmominO native preservation and water �- •• 1. •.- z� • •! • 1 • • mi We • • �• 1 -1 ' 1 • •' •- ••11.' •1 -tl -0 ISMS �- •11'1 1 "1 �_ •1 '• • 1 11! • � • •�• •1- ff 1 F7a-,RM-7,HMqfl - Tire Dealers Automotive Retail (Group 5531) - Automotive Parking (Group 7521) - Communication Services (Group 4899) - Drinking Places (Group 5813) - Fishing Piers (Grouo7999) - Glass and Glazing work (Group 1793) - Health Services (Groups 8059 -8069) - Specialty Outpatient Facilities (Group 8093) - Houseboat Rental Lakes Operations Party and Pleasure Boat rental (Group 7999 - Large Appliance repair service (Group 7623) - Marinas (group 4493 and 4499) - Miscellaneous Repair Services (Groups 7622 -7641, 7699) - Liquor Store unless operated by Grocery Retailer (Grout) 5921) - Used Merchandise Store (Group 5932) - Automatic Merchandising Machine Operators (Group 5962) - Direct Sellina Establishment (Group 5963) - Escort Services Massage Parlors Tattoo Parlors, Turkish Baths, Wedding Chagels (Group 7299) - Betting Information Services Bath Houses Billiard Parlors, Bookies and Bookmakers Cable lifts Carnival Operation Circus Companies, Fortune Tellers, 26 CP- 2008 -2 Randall Boulevard Commercial Subdistrict Expansion Agenda Item 4.13. Go -cart racing operation Off -track betting. Ping Pong Parlors, Rodeo Animal Rentals Rodeos Shooting Ranges, Trapshooting Facilities (Group 79991 Parole offices, Probation offices, Public welfare centers, refugee services, settlement houses (Group 8322) Tow -in parking lots (Groups 7514.7515. 7521) Animal Specialty Services (Group 0752) Island HQ further development shall bp, all"w d in this Subdistrict until the Big FiCe Station and Florida Division of • restry fire tMr uses are •e 11 :l "1 discontinued, 27 PREPARED BY: COMPR REVIEWED BY: PRINCIPAL PLANNER JNING DEPARTMENT 1�4 bi/jL- DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT DATE: DATE: 3p-of REVIEWED BY: I'v- RAN15ALL COHEN, AICP, DIRECTOR DATE: l COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: JO E H K. SCHMITT, ADMINISTRATOR C UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Petition No: CP- 2008 -2 Staff Report for the October 19, 2009 CCPC Meeting DATE: Agenda Item 4.6. Note: This petition has been scheduled for the January 19, 2009, BCC Meeting. 28 SUMMARY OF PENDING DEVELOPER CONTRIBUTION AGREEMENT RELATED TO EXPANSION OF RANDALL BOULEVARD COMMERCIAL SUBDISTRICT, PET. NO. CP- 2008 -2 The DCA is between: • Emergent Development Group II, LLC, "EDG" (on behalf of the Developer) • The County (Real Property, Transportation and Forestry Division are impacted) • Urika Oil, Inc. (the owner of the Gas Station and the 4 acres behind it) • PAC of Collier, Inc. (the owner of the retail strip center) • Big Corkscrew Island Fire District, `BCIFD" The Parcels involved are: • "EDG Parcel" - the roughly 36 acres that make up the core development parcel that's being requested for addition to the Randall Blvd Commercial Subdistrict • "County Parcel" - 5.64 acre parcel where the Forestry Service currently resides • "Swap Parcel'— 5.64 acre parcel at SE comer of Randall Blvd & 8a' St NE • "Fire District Parcel A" - 2.31 acre parcel where the BCIFD facilities reside • "Fire District Parcel B" - 5 acre parcel to the south of Fire District Parcel A • "Urika Parcel" — where the BP Gas station currently resides • "PAC Parcel" — where the retail strip center currently resides The Randall Blvd widening will impact all of the landowners who are party to this Agreement. The Developer proposes to develop the EDG Parcel, Fire District Parcel B and the County Parcel as a commercial planned unit development (the "Proposed Development'). PAC of Collier, Inc. proposes to expand and develop the PAC Parcel by combining it with Fire District Parcel A, as a commercial planned unit development; • The Developer will dedicate 80 feet of right away along the entire Randall Blvd frontage of the property. Total acreage ± 6.06 acres. • The Developer will exchange the Swap Parcel with the Fire District Parcel B + a cash equivalent due to the difference in acreage (based on tax assessed value). • The Developer will exchange the Fire District Parcel B for the County Parcel + a cash equivalent due to the difference in acreage (based on tax assessed value). • The Developer will purchase, for cash, based on tax assessed value, the Fire District Parcel B, and then donate it to the County to provide for water management from the widened roadway and the Proposed Development (in exchange for access to the fill from the future lake / pond). 1 of 2 • The Developer will provide for a local access route to assist the Urika and PAC Parcels, who agree to construct their own piece to connect the roadways accordingly. The design of these local access routes will be done cooperatively between all parties. • The Developer will agree to relocate the Forestry Service Building to the Swap Site — and pay to entitle and construct their portion of the Swap Parcel to receive them (pending a maximum cost). The timing of this commitment is also critical, and is being negotiated and contemplated to ensure minimum downtime for the Forestry Service. • PAC will agree to buy the Fire District Parcel A, and relocate the Fire Station Building to the Swap Site — and pay to entitle and construct their portion of the Swap Parcel to receive them (pending a maximum cost). Same issue on timing. In addition, PAC will agree to lease (for a duration of time still being negotiated) to the BCIFD their existing Admin Building, until they can accommodate that function elsewhere (the contemplated DeSoto Boulevard Site, most likely). • The BCIFD will lease to the Forestry Service roughly the south half of the Swap Parcel. The Term is being negotiated, but will be inexpensive and lengthy in duration, and approved by Forestry and Emergency Services Division within the County. • The Developer agrees to design and construct water /sewer lines (if available) to the eastern edge of the Proposed Development to make service available to the Swap Parcel. We'll also agree to extend water /sewer lines to the western edge of the Proposed Development, so this same service can be tapped into by both Urika and PAC. • If and when signals are warranted, it shall be the responsibility of the Developer to pay for any and all design, material, installation, operation, and maintenance costs of the signals. Currently, the County desires the signal to be placed at 8a' Street NE and Randall, which is consistent with the currently adopted Access Management ordinance and the Transportation Long Range Plan. 599512 v_02 \ 120154.00019/24109 2of2 8/17/09 Version DEVELOPER CONTRIBUTION AGREEMENT EMERGENT DEVELOPMENT THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2009, by and between Emergent Development Group H, LLC, a Florida limited liability company hereinafter referred to as "Developer," whose address is 3055 Terramar Drive, Naples, FL 34119, pursuant to the authorization set forth in the Agreement & Restrictive document filed with GMP Amendment petition and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County" and Urika Oil, Inc, a Florida corporation, hereinafter referred to as "Urika "; PAC of Collier, Inc., a Florida corporation, hereinafter referred to as "PAC "; Big Corkscrew Island Fire District, hereinafter referred to as "Fire District ". RECITALS: WHEREAS, Developer has legal control over of approximately 36.0 acres of property in unincorporated Collier County, Florida, (the "EDG Parcels ") on which a commercial planned unit development is proposed in combination with other lands referenced herein; and WHEREAS, County owns ± 5.64 acre parcel in unincorporated Collier County (the "County Parcel ") of which is leased to the State of Florida, Division of Forestry Service; and WHEREAS, Fire District owns in unincorporated Collier County one ± 2.31 acre parcel on which is located a firehouse, administration building and a communication tower ( "Fire District Parcel A ") and owns another ± 5 acre unimproved parcel ( "Fire District Parcel B ") which abuts the southern boundary of Fire District Parcel A (collectively the "Fire District Parcels "); and 1of13 8/17/09 Version WHEREAS, Developer also has or will have control over ± 5.64 acre parcel in unincorporated Collier County which is currently unimproved (the "Swap Parcel ") and which is proposed to be exchanged for the Fire District Parcel; and WHEREAS, Urika Oil, inc. owns and operates a service station and convenience store at the intersection of Randall Boulevard and Immokalee Road (the "Urika Parcel "), and WHEREAS, PAC of Collier, Inc. owns and operates a shopping center on a parcel (the "Shopping Center Parcel ") located between the Urika Parcel and the Fire District Parcel; and WHEREAS, County will be widening and reconstructing and realigning the intersection of Randall Boulevard and Immokalee Road in connection with the widening (the 'Road Project "); and WHEREAS, the Road project will require the County to acquire lands from the EDG Parcels, the Urika Parcel, the Shopping Center Parcel, the Fire District Parcel, and the County Parcel which will negatively impact the size, location and types of uses which exist or which may be allowed on these parcels; and WHEREAS, the impacts to the County Parcel will require the County to relocate the facilities of the Division of Forestry Services to other property; and WHEREAS, the Road Project will require changes to the existing access from Randall Boulevard to the Urika Parcel and the Shopping Center Parcel; and WHEREAS, the County would otherwise incur obligations to compensate the owners of the various parcels for lands needed for the Road Project; and 2of13 8/17/09 Version WHEREAS, Developer proposes to develop the EDG Parcels, Fire District Parcel B and the County Parcel as a commercial planned unit development (the "Proposed Development "); and WHEREAS, PAC of Collier, Inc. proposes to expand and develop the Shopping Center Parcel by combining it with Fire District Parcel A, as a commercial planned unit development (the "Proposed Development B "); and WHEREAS, Developer has filed an application with the County to amend the County Growth Management Plan for the Golden Gate Area Master Plan (the "GMP ") to add the Proposed Development parcels to the GMP's existing Randall Boulevard Commercial Subdistrict which presently consists of only the Urika Parcel and the Shopping Center Parcel; and WHEREAS, the Developer will also be filing an application with the County to rezone the Proposed Development parcels from their current zoning classification of Estates to Commercial Planned Unit Development; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Proposed Development concurrent with when the impacts of the Proposed Development occur on the public facilities, and specifically to insure that transportation facilities needed to serve this Proposed Development shall be in place or under actual construction within three (3) years after the County approves a building permit or its functional equivalent that results in traffic generation; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and 3of13 8/17/09 Version WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated, herein by reference as if set forth fully below. Coup , Transportation Division Commitments: 2. The Developer will dedicate 80 feet of right away (50 ft within the existing utility easement + 30 ft additional) along the entire Randall Blvd frontage of the property. Total acreage ± 6.06 acres. 3. The Developer will acquire from the Fire District the Fire District Parcel B thru an exchange of the Swap Parcel, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the .64 acre difference between the parcels. Then the Developer will exchange the ±5 acre Fire District Parcel B with the County owned 5.64 acre County Parcel, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the .64 acre difference between the parcels. Finally, the Developer will purchase, for cash, based on tax 4 of 13 8/17/09 Version assessed values at the time of the execution of this Agreement, the Fire District Parcel B, and then donate it to the County to provide for water management from the widened roadway and the Proposed Development. The Developer shall construct the water management improvements to a size sufficient to accept and treat CFS of water management from the Proposed Development in addition to roadway. All materials excavated from Fire District Parcel B are the property of the Developer for use as fill on the Proposed Development site. 4. The Developer will provide for a local access route thru the Proposed Development that will assist in accommodating traffic movements through the Urika Parcel and the Shopping Center Parcel. This will eliminate a likely financial obligation by the County to the owners of the Urika and Shopping Center Parcels, for the detrimental effect the Road Project would have on their local access in the absence of this agreement and construction of the Proposed Development. The design of these access points will be a joint effort between the County Transportation Department, their Road Project engineering consultant, the Developer and the owners of the Urika and Shopping Center Parcels. Developer shall grant Urika and PAC an easement for ingress and egress, and utilities. Total acreage = + .5 acre. 5. The Developer, per the terms below, will agree to relocate the Forestry Service facility to the Swap Site — eliminating a financial obligation of the County to facilitate this forced relocation. 6. The Owners of the Urika and Shopping Center Parcels agree to provide local access roadways thru their existing sites, consistent with the County's drafted transportation designs that are jointly created with the County. 5of13 8/17/09 Version 7. The County shall reserve capacity within its transportation system for 390,950 SF, 315,950 for retail and remaining 75,000 SF for office for the Proposed Development. The dedications and other improvements and contributions by the Developer satisfy all on -site and off -site mitigation and fair share requirements for the Proposed Development, including compensating rights -of -way for turn lanes. 8. Access to the Proposed Development, the Urika and Shopping Center Parcels will be master planned through the County and its consultant, with input from the Developer. 9. The costs of all traffic signalization shall be borne solely by the County. County Emergency Management Services Department Commitments. 10. The Developer has entered into an option purchase agreement with the owner of the Swap Parcel, a ± 5.64 acre site on the SE corner of Randall Blvd and 8t' St NE, parcel # 37801360006. Pending the approval of this Agreement, and pending the rezoning approval for the Proposed Development, the Developer will agree to exercise this option purchase agreement, and will then swap ownership of this parcel with the Fire District, in exchange for ownership of Fire District Parcel B, plus a cash equivalent equal to the tax assessed value as of the date of this Agreement, of the .64 acre difference between the parcels. 11. In addition, the Developer agrees to provide at its sole cost and expense both financial and professional support up to a maximum of dollars for the preparation, design, entitlement and development of the Swap Parcel to receive relocation of the Forestry Service facility (see below for details). 6 of 13 8/17/09 Version 12. In addition, PAC agrees to provide at its sole cost and expense both financial and professional support up to a maximum of dollars for preparation, design, entitlement and development of the Swap Parcel to received the relocation of the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion (see below for details). 13. The Fire District agrees to lease to the Forestry Service the south half of the Swap Parcel. The term of the lease shall be for a period of 99 years and the lease payment shall be the same per year as currently exist between the Forestry Service and the County, or less if agreed to by the Fire District, County, and the Forestry Service. 14. The Developer agrees to relocate the existing Forestry Service facility to the Swap Parcel at Developer's sole cost. 15. In the event that the Planned Unit Development rezoning of the Proposed Project is not approved to include all of the uses and building square foot requested in Petition CP -2008- 2, Developer may terminate this Agreement and if so terminated all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement. Big Corkscrew Island Fire District Commitments 16. PAC agrees to acquire the existing Fire District Parcel A with an address of 13240 Immokalee Rd, parcel # 37744080003, for the tax assessed value of the land only. PAC shall lease back to the Fire District the District's existing-administration building located on the back portion of Fire District Parcel A. Said lease shall be for a period of years at a cost of dollars ($ .00) per year. The Fire District shall at its sole cost and expense maintain 7 of 13 8/17/09 Version and insure the administration building and the portion of Fire District Parcel A leased to the Fire District. 17. It is anticipated that the Fire District will then swap the ±5 acre Fire District Parcel B with the Swap Parcel. The .64 acre difference in the two parcels will be accommodate for by the exchange of cash in equal value to the .64 acres based on assessed value as of the date of this Agreement. 18. PAC agrees to provide both financial and professional support for the preparation, design, entitlement, and development of the Swap Parcel to receive the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion. 19. The Developer and PAC agree to work directly with the Fire District, the County and the Forestry Service to design the site plan for the Swap Parcel. 20. The Developer agrees to design and construct water /sewer lines to the eastern edge of the Proposed Development to make service available to the Swap Parcel. General Provisions 21. The construction of private and public infrastructure improvements, and relocation of the Forestry Service facility and the Fire Station facility shall occur in the following sequence prior to commencement of construction of the Road Project: A. Developer at its sole cost and expense shall obtain permits and construct parking and on -site water management areas and building pads for the relocation of the Forestry Service facility and the Fire District facility on the Swap Parcel; 8 of 13 8/17/09 Version B. Developer shall relocate the Forestry Service facility to the Swap Parcel, and PAC will relocate the Fire District facility to the Swap Parcel, with both facilities relocated and fully operational, and with the completion of site grading, construction of the parking areas and building pads, no later than sixty (60) days prior to the planned commencement of any construction on the Randall Boulevard widening. C. Developer shall take no more than five (5) business days to relocate the Forestry Service facility so that operation of the facility can resume thereafter; however if relocation of the Forestry Service facility takes longer than five (5) days, Developer shall provide temporarily an operating facility acceptable to the County and Forestry Service until the facility has been relocated. D. PAC shall take no more than ten (10) business days to relocate the Fire District facility so that operation of the facility can resume thereafter; however if relocation of the Fire District facility takes longer than ten (10) days, PAC shall provide temporarily a facility acceptable to the County and Fire District until the facility has been relocated. E. The County shall obtain permits at its sole cost and expense for the water management facilities to be located on the Fire District Parcel B and Developer at its sole cost and expense shall excavate and construct the on -site water management facilities on Fire District Parcel B. F. Urika shall obtain permits, construct and maintain at its sole cost and expense, a sixty (60) foot wide private local access road open to the public and water 9 of 13 8/17/09 Version management facilities. The local access road shall be constructed in the approximate location depicted in Exhibit . The water management on the Urika Parcel shall be designed and construed: to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to the Fire District Parcel B. Urika shall grant easements for ingress and egress, utilities, and water management to Developer and County and PAC in compliance with the terms of the immediately preceding sentence. G. PAC shall obtain permits, construct and maintain at its sole cost and expense, a sixty (60) foot wide private local access road open to the public and water management facilities. The local access road shall be constructed in the approximate location depicted in Exhibit . The water management on the PAC Parcel shall be designed and constructed: to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to the Fire District Parcel B. PAC shall grant easements for ingress and egress, utilities, and water management to Developer and County and Urika in compliance with the terms of the immediately preceding sentence. 22. The burdens of this Agreement (including the option to purchase), shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Property Swaps. 10 of 13 8/17/09 Version 23. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 24. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 25. All parties shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. County shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. 26. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. 11 of 13 8/17/09 Version IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. , Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Matkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 12 of 13 Lin Donna Fiala, Chairman 8/17/09 Version SCHEDULE OF EXHIBITS 13 of 13 Corkscrew Island Neighborhood Commercial Subdistrict (not within Primary Trade Area) Acres: 8 Potential Commercial SOFT: 90,000 Pending GMPA CP- 2007.2 i (ImmokaleelOil Well Rd Commercial Subdistrict) Acres: 10.3 Proposed Commercial SOFT: 70,000 / aoz ZONING J SOFT ACRES (within Primary Trade Area) � PROJECT LOCATION 56.50 Acres Proposed Randall Bivtl 8,113 Commercial Subdistrict :ountry Stores LLC - 37280040002 C -2 Proposed Commerc al SOFT; 390,950 COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 ATTACHMENT. USING INTERACTIVE GROWTH MODEL MwAIft A tA15 1 INU & HU I tN I IAL UUMIVItKUTAL SUr I) IMM -LEE RD E it Mp ° INSET PLAiT RD �.... _. , mokalee /Everglades Neighborhood Center (SW Quadrant of the Center is 1 1 r within Primary Trade Area) Acres; 5.15 j Potential Commercial SOFT: 31,127 f Z 394 . - . - . . • m y 395 z, o 217 j 216 g( _ 393 it Pending GMPA CP- 20074 '___.._r..._.. ' (Wilson Blvd Commercial Subdistrict) Pending GMPA CP. 2008.1 3I Acres: 5.17 (Estates Shopping Center Subdistrict) ( Proposed Commercial SOFT: 40,000 Acres; 41 Proposed Commercial SOFT: 225,000 i 396 215 SEEINSET1] 214 _ Legend of Everglades Neighborhood Center Q Existing Commercial Parcels mi (not within Primary Trade Area) NI Acres: 21.84 QVacant & Potential Commercial Parcels Potsrdiei Commercial SOFT: 132,000 - Pending GMPAs (07108 Cycle) QPrimary Trade Area Boundary 1 215 primary Trade Area TAZS W /Zone Number - -- Major Roads Water 0 05 1 2 3 Miles 99 rc _ y lirer111,9- I � � r r -i Mich N.169O GQk FLN:3 8 2211 FLN; 3 FLN'�169560508 !np 1. Gl�lfstrear gLetaf-Inve FLI'*37�2112 EXISTING COMMERCIAL SOFT (within Primary Trade Area) VACANT LAND DESIGNATED COMMERCIAL (within Primary Trade Area) neth Johnson Properties E Quadrant of ImmokaleelEverglades NC E lard Townsent - 37280080004 E lard Townsent. 37280160005 E Anderson - 37280120003 E I TOTAL: 31,127 5.1 12,813 2.1 6,407 1.0 VACANT LAND W/ PENIDNG GM (within Primary Trade Area) Gli SQFr ACRES 5 CP- 2007 -2 70,000 10.3 7 CP- 2007 -1 40,000 5.17 3 CP- 2008.1 225,000 41 3 8 TOTAL: 335,000 56.47 TOTAL: 89,813 16.96 VACANT LAND ZONED COMMERCIAL I FLN NAME ZONING J SOFT ACRES (within Primary Trade Area) 37280040109 Es Country Stores LLC C -2 8,113 2.6 :ountry Stores LLC - 37280040002 C -2 37221120101 Gulfstream Retail Invest LLC CPUD 41,800 5.0 2.08 37169520009 Walgreen CO CPUD 16,550 5.5 I 37745180009 Urika Oil Inc. PlAD 3,350 1.3 ___ - 37744040001 PAC of Collier Inc. PUD 20,000 2.3 VACANT LAND DESIGNATED COMMERCIAL (within Primary Trade Area) neth Johnson Properties E Quadrant of ImmokaleelEverglades NC E lard Townsent - 37280080004 E lard Townsent. 37280160005 E Anderson - 37280120003 E I TOTAL: 31,127 5.1 12,813 2.1 6,407 1.0 VACANT LAND W/ PENIDNG GM (within Primary Trade Area) Gli SQFr ACRES 5 CP- 2007 -2 70,000 10.3 7 CP- 2007 -1 40,000 5.17 3 CP- 2008.1 225,000 41 3 8 TOTAL: 335,000 56.47 TOTAL: 89,813 16.96 VACANT LAND ZONED COMMERCIAL (within Primary Trade Area) -- NAME ZONING SQFT+ ACRES :ountry Stores LLC - 37280040002 C -2 16,984 2.81 rty Gold LLC - 37221120206 12,572 2.08 _ _ICPIA ge Tree }MPUD 60,000 22 .ge Blossom Ranch MPIJD 200,000 44 ael Corder Properties - Wilson NC Addition ''C -3 60,000 6.25 a Oil Inc. Pt1D 17,650 3.82 89,391 14.79 L -- - - - - - -- — TOTAL: 367,206 80.96 ASSUMED 6,044 SOFT PER ACRE (COUNTY -WIDE AVERAGE). Corkscrew Island Neighborhood Commercial Subdistrict (not within Primary Trade Area) Acres: 8 Potential Commercial SOFT: 90,000 Pending GMPA CP- 2007 -2 (immokalee /Oil Well Rd Commercial Subdistrict) Acres : 10.3 Proposed Commercial SOFT: 70,000 COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 ATTACHMENT- USING INTERACTIVE GROWTH MODEL Ill, AAnn HUUJIIVli U N I I,.) & HUHULAI IUN WGm 14 >I I .395 PROJECT LOCATION 402 40G �+— PROJECT LOCATION ACres - Proposed Randall Blvd j Commercial Subdistrict Proposed Commercial SQFT: 390,950 216 217 o Pending GMPA CP- 2008 -1-----'--7 3 (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SOFT 225,000 ent�ir � --------------------- HOUSING UNITS & POPULATION PROJECTIONS TAc(within P rimary Trade Area) mokalee /Everglades Neighborhood nter (S W Quadrant of the Center Is thin Primary Trade Area) POPULATION & FIOUSING 2007 2010 2015 2020 2025 2030 res: 5.15 Total Fbusing lMhs 4818 5600 7,032 8,376 9,602 10653 tential Commercial SOFT. 31,127 Total Population 14,376 16,707 20,654 24,531 28,030 30,989 394 POPULATION PROJECTIONS CHART 40,000- 35,000 �2:8,03 - 24, 53 30,000 20,654 L Rn) l - 393 3 Pending GMPA CP -2007 1 (Wilson Blvd Commercial Subdistrict) _ I Acres: 5.17 Proposed Commercial SOFT 40,000 214 i GDLDrN CnrE S��D,�I Legend o� Everglades Neighborhood Center Existing Commercial Parcels ml (not within Primary Trade Area) oI Acres: 21.84 QVacant & Potential Commercial Parcels Potential Commercial SOFT., 132,000 - Pending GMPAs (07/08 Cycle) QPrimary Trade Area Boundary F2-1-51 Primary Trade Area TAZs W/Zone Number - -- Major Roads Water 0 0.5 1 2 3 Miles Co C..., 25,00 14,37 16,70 20,00 0- 15,000 0- 10,000 5,000 30,989 0 2007 2010 2015 2020 2025 2030 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) Number of Persons per Neighborhood Center: 13,110 Number of Persons per Community Center: 34,464 ' Number of Persons per Regional Center: 157,324 Number of Acres per Neighborhood Center: 11 Number of Acres per Community Center: 28 ' Number of Acres per Regional Center: 100 " Square Feet Building Area per Neighborhood Center. 110,734 (8.45 SOFT Per Capita) " Square Feet Building Area per Community Center: 257,668 (7.48 SOFT Per Capita) ' Square Feet Building Area per Regional Center: 1,000,000 (6.36 SOFT Per Capita) o -� Corkscrew Island Neighborhood Commercial Subdistrict (not within Primary Trade Area) Acres:8 Potential Commercial SQFT: 90,000 Pending GMPA CP- 2007 -2 (immokalee 1011 Well Rd Commercial Subdistrict) Acres: 10.3 Proposed Commercial SQFT: 70,000 COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 USING INTERACTIVE GROWTH MODEL (COMMERCIAL SQFT DEMAND FOR COMMUNITY CENTER) PLATT RD Immokalee /Everglades Neighborhood Center (SW Quadrant of the Center is within Primary Trade Area) Acres: 5.15 Potential Commercial SQFT: 31,127 394 i zi of I .395 I Pending GMPA CP- 2008 -1 _.�._..4_...,_ (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 215 PUD, ;R 858 (OIL WELL Pending GMPA CP- 2007.1 (Wilson Blvd Commercial Subdistrict) Acres: 5.17 Proposed Commercial SQFT: 40,000 w 214 - GOLDEN GATE 6LVD W 400 T EE PROJECTLOCATION 56.50 Acres - Proposed Randall Blvd P U 0 Subdistrict jCommercial Proposed Commercial SOFT'. 111,111 3 2,7 216 I Pending GMPA CP- 2008 -1 _.�._..4_...,_ (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 215 PUD, ;R 858 (OIL WELL Pending GMPA CP- 2007.1 (Wilson Blvd Commercial Subdistrict) Acres: 5.17 Proposed Commercial SQFT: 40,000 w 214 - GOLDEN GATE 6LVD W �� Legend Q Existing Commercial Parcels ?I of Everglades Neighborhood Center (no[ within Primary Trade Area) OVacant & Potential Commercial Parcels 3 Acres: 21.84 Potential Commercial SQFT: 132,000 - Pending GMPAs (07108 Cycle) QPrimary Trade Area Boundary 172161 Primary Trade Area TAZs W /Zone Number -- Major Roads Water ..__.. 0 0.5 1 2 3 Miles xnry W ATTACHMENT: MAP 3 DEMAND FOR COMMERCAIL SQFT - COMMUNITY CENTER (within Primary Trade Area) GENERAL COMMERCIAL 2007 2010 f 2015 1 2020 1 2025 f 2030 Foisting and Potential Commercial SQFT 546,410 546,410 546,410 546,410 546,410 546,410 Commercial SOFT Demand for Community Center 107,533 124,968 154,492 183,492 209,664 231,798_J. 500,000 400,000 300,000 W 200,000 100,000 lE COMMERCIAL SQFT SUPPLY & DEMAND CHART (Community Center) YEAR CIGM Guidelines for Commercial Development: (County -wide Average) *Number of Persons per Neighborhood Center: 13,110 Number of Persons per Community Center: 34,464 ' Number of Persons per Regional Center: 157,324 ` Number of Acres per Neighborhood Center: 11 Number of Acres per Community Center: 28 ` Number of Acres per Regional Center: 100 " Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SQFT Per Capita) ' Square Feet Building Area per Community Center. 257,668 (7.48 SQFT Per Capita) ` Square Feet Building Area per Regional Center: 1,000,000 (6.36 SQFT Per Capita) Z COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 ATTACHMENT: USING INTERACTIVE GROWTH MODEL am A l l UIJIVIIVItzNUTAL SUt- I DEMAND FOR NEIGHBORHOOD CENTER) IlnHr�r a. LL. a „( P- RD DEMAND FOR COMMERCAIL SQFT - NEIGHBORHOOD CENTER - - - - - - - (within Primary Trade Area) Corkscrew Island Neighborhood Commercial I Subdistrict (not within Primary Trade Area) E ImmokaleelEverglades Neighborhood Acres: 8 Center (SW Quadrant of the Center Is Potential Commercial SQFT: 90,000 ! within Primary Trade Area) - - I Acres: 5.15 (� Potential Commercial SQFT: 31,127 394 Pending GMPA CP- 2007 -2 (Immokalee /011 Well Rd Commercial Subdistrict) Acres: 10.3 0l Proposed Commercial SQFT: 70,000 395 of i ORRAN /� m M 400 I RANCH PUD. . 402 j CR 858 (OIL W— E- L- L — R-D- ) - %PRECTLOCATION i ¢AYPUD 50.SOACres- Propoed Randall Blvd RAN GE TREE�PUD Comcial me SUbd slncl -- —__ — Prop ... d Commercial SOFT 390,950 RANDALL BLVD MMOKALEE RD iRNnR eVe 217 216 of .. ___'L__. 393__.. �,. mil Pending GMPA CP- 2007 -1 $ '' (Wilson Blvd Commercial Subdistrict) Pending GMPA CP- 2008 -1 3I Acres: 5.17 (Estates Shopping Center Subdistrict) Proposed Commercial SQFT: 40,000 Acres: 41 Proposed Commercial SQFT: 225,000 215 :_14 Legend Everglades Neighborhood Center Existing Commercial Parcels mi (not within Primary Trade Area) o, Acres: 21.84 I - Vacant & Potential Commercial Parcels Potential Commercial SQFT: 132,000 i - Pending GMPAs (07/08 Cycle) i Primary Trade Area Boundary I I215 Primary Trade Area TAZs W /Zone Number i — — Major Roads i water i 0 0.5 1 2 3 Miles Cu er County i Existing and Potential Com merciat SQFT 546,410 546,410 546,410 546,410 546,410 546,410 Commercial SQFT Demand for neighborhood Center 121,477 141,174 174,526 207,287 236,854 261,857 COMMERCIAL SQFT SUPPLY & DEMAND CHART (Neighborhood Center) 500,00 400,00 300,00 U) 200,00 100,00 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) ` Number of Persons per Neighborhood Center: 13,110 ` Number of Persons per Community Center: 34,464 ` Number of Persons per Regional Center: 157,324 ` Number of Acres per Neighborhood Center: 11 Number of Acres per Community Center 28 ' Number of Acres per Regional Center: 100 ' Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SQFT Per Capita) ` Square Feet Building Area per Community Center. 257,668 (7.48 SQFT Per Capita) ` Square Feet Building Area per Regional Center: 1,000,000 (6.36 SQFT Per Capita) u CA- 1 County Corkscrew Island Neighborhood Commercial Subdistrict (not within Primary Trade & Secondary Market Area) Acres: 8 Potential Commercial SOFT: 90,000 Pending GMPA CP- 2007 -2 pI (Immokalee /Oil Well Rd Commercial Subdistrict) w Acres: 10.3 ) Proposed Commercial SQFT: 70,000 _�31 HERITAGE PROJECT LOCATION I B A Y' P U D' 56.50 Acres - Proposed Randall Blvd Commercial Subdlslrlc[ I / / / / / /// Proposed Commercial SQFT'. 390,950 217 I Pending GMPA CP- 2008.1 (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 218 2181 215 co_DEN SATE eLVOw _ COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 USING INTERACTIVE GROWTH MODEL (1X15 I INCA & NU I LN I IAL UUIVIIVILKUTAL 512r I IMMOKALEE RD E " - - _--------------------------- - - - - -- INSET - - -- -- -- �FL,. - -- - Immokalee /Ever lades Neighborhood Center ( within Primary Trade Area & Secondary shoesop p Norman Taylq Market Area) -; p Acres: 14.35 • 0684 11 FLN: 406280 Potential Commercial SOFT: 86,253 i m y I 1 a 397 i 394 p 390 GOLDEN GATE BLVD 395. .. , 40930720009 lDouble JFLNII: 40930760001 WELL 216 ._393 -i m iI l Pending GMPA CP- 2007.1 (Wilson Blvd Commercial Subdistrict) 3, Acres: 5.17 Proposed Commercial SQFT: 40,000 W 9E: I SEE INSET 214 213 236 0l 235 234 mi a ATTACHMENT: ■AAn G 1114^11 J LINSET 2 ^LDEN G/\ ,-E EL ' t GD12ta �+ 221121 560 & Secondary Market Area) Legend - NAME Kenneth Johnson Properties Existing Commercial Parcels Shoesop LLP - 40629000001 Vacant &Potential Commercial Parcels Wiliam Vines - 40930720009 Double Be Investment Inc - 40930760001 Pending GMPAs(07 /08 Cycle) Imm okalee /Everglades NC -SE &SW Primary Trade Area & Richard Townsend - 37280080004 Secondary Market Area Boundary - -- fPochard Tow nsent - 37280160005 215 TAZs W /Zone Number 0 0,5 1 2 3 Joy Anderson- 37280120003 - - -- Major Roads Miles _ -T- wat., .,,..«GNU I E - 133,000 5.46 E 33,000 5.46 E 33,000 5.46 E 62,253 10.3 E 12,813 2.12 E 6,407 1.06 E 89945 1.48 TOTAL: 219,517 36.32 NAME ZONING I SQFT* I ACRES Existing Commercial Parcels C -2 16,984 2.81 Liberty Gold LLC - 37221120208 CPUD Vacant & Potential Commercial Parcels 391 MPUD 60,000 22 zIJI EXISTING COMMERCIAL SOFT 200,000 VACANT LAND W/ PENIDNG GMPAs Norman Taylor - 40680040000 (within Primary Trade Area 33,000 (within Primary Trade Area Urika Oil Inc. & Secondary Market Area) 17,650 & Secondary Market Area) C hestnut Place - . FLN - _ -- NAME _- - - ZONNG SQFT ACRES GMPAs ACRES Michael Corder Properties - Wilson NC Addition C -3 37280040109 Es Country Stores LLC C -2 8,113 2.65 CP- 2007 -2 70,000 10.3 37221120101 Gulfstream Retail Invest LLC CPUD 41,800 5.07 CP- 2007 -1 40,000 5.17 SEE INSET 1..I I 37169520009 Walgreen CO CPUD 37745180009 Urika Oil Inc. PUD 16,550 3,350 5.53 CP- 2008 -i 225,000 41 1.33 37744040001 PAC of Collier Inc. PUD 20,000 2.38 TOTAL: 335,000 56.47 - ----- ! - - - -- TOTAL: 89,813 16.96 VACANT LAND ZONED COMMERCIAL \CANT LAND DESIGNATED COMMERCIAL (within Primary Trade Area (within Primary Trade Area & Secondary Market Area) & Secondary Market Area) Legend - NAME Kenneth Johnson Properties Existing Commercial Parcels Shoesop LLP - 40629000001 Vacant &Potential Commercial Parcels Wiliam Vines - 40930720009 Double Be Investment Inc - 40930760001 Pending GMPAs(07 /08 Cycle) Imm okalee /Everglades NC -SE &SW Primary Trade Area & Richard Townsend - 37280080004 Secondary Market Area Boundary - -- fPochard Tow nsent - 37280160005 215 TAZs W /Zone Number 0 0,5 1 2 3 Joy Anderson- 37280120003 - - -- Major Roads Miles _ -T- wat., .,,..«GNU I E - 133,000 5.46 E 33,000 5.46 E 33,000 5.46 E 62,253 10.3 E 12,813 2.12 E 6,407 1.06 E 89945 1.48 TOTAL: 219,517 36.32 NAME ZONING I SQFT* I ACRES Es Country Stores LLC - 37280040002 C -2 16,984 2.81 Liberty Gold LLC - 37221120208 CPUD 12,572 2.08 Orange Tree MPUD 60,000 22 Orange Blossom Ranch MPUD 200,000 44 Norman Taylor - 40680040000 CPUD 33,000 5.46 Urika Oil Inc. PUD 17,650 3.82 C hestnut Place PUD 24,000 6.01 Michael Corder Properties - Wilson NC Addition C -3 60,000 6.25 TOTAL: 424,206 92.4: • ASSUMED 6,044 SQFT PER ACRE (COUNTY -WIDE AVERAGE 0 00) CofIrer Ct)H tty Corkscrew Island Neighborhood Commercial Subdistrict (not within Primary Trade & Secondary Market Area) Acres: 8 Potential Commercial SOFT: 90,000 i Pending GMPA CP- 2007 -2 (Immokalee /Oil Well Rd Commercial Subdistrict) zl c Acres: 10.3 NI Proposed Commercial SOFT 70,000 31 400 I 402 I I HERITAGE PROJECT LOCATION ' P U D' 56.50 Acres - Proposed Randall Blvd ,BAY Commercial Subdistrict Proposed Commercial SOFT: 390,950 217 216 �I of Pending GMPA CP- 2008 -1 (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SOFT: 225,000 COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 USING INTERACTIVE GROWTH MODEL W ATTACHMENT;. RAAn c (HUUSIINU UN 15 & HUHULAI IUN) AMMO -1L RD E ._.___ - -_ ___ __ __ —. -- - . rr« j \ HOUSING UNITS & POPULATION PROJECTIONS - - - - - - (within Primary Trade Area & Secondary Market Area) Immokalee /Everglades Neighborhood Center ( within Primary Trade Area & Secondary Population & housing 2007 2010 2015 2020 2025 2030 Market Area) ������ Acres: 14.35 I... Total Housing units 7,936 9,103 11,451 14,081 16,245 18,171 Potential Commercial SOFT: 86,253 Total Population 24,093 27,903 34,434 41,371 47,486 52,812 397 394 I 3so POPULATION PROJECTIONS CHART I ; 395 :R 85e (OIL WELL Pending GMPA CP- 2007 -1 (Wilson Blvd Commercial Subdistrict) Acres: 5.17 Proposed Commercial SQFT: 40,000 I Legend =Existing Commercial Parcels 1 Vacant & Potential Commercial Parcels ly - Pending GMPAs (07/08 Cycle) ,RIIII,I, Pnmary Trade Area & Secondary Market Area Boundary 1 215 TAZs W2one Number 0 0.5 1 2 3 - -- Major Roads i Miles Water 391 70,0 60,0 p 50,0 40,0 d 30,0 no 20,0 10,0 2007 2010 2015 2020 2025 2030 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) ` Number of Persons per Neighborhood Center: 13,110 ' Number of Persons per Community Center: 34,464 ' Number of Persons per Regional Center: 157,324 Number of Acres per Neighborhood Center: 11 " Number of Acres per Community Center: 28 ' Number of Acres per Regional Center: 100 ' Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SQFT Per Capita) ' Square Feet Building Area per Community Center. 257,668 (7.48 SQFT Per Capita) ' Square Feet Building Area per Regional Center: 1,000,000 (6.36 SQFT Per Capita) COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 USING INTERACTIVE GROWTH MODEL (COMMERCIAL SQFT DEMAND FOR COMMUNITY CENTER) ATTACHMENT- MAP 7 IMMOKAM RD E - -- ' emu PL— D , 4s DEMAND FOR COMMERCAIL SQFT - COMMUNITY CENTER - - - - -- - - - - -- - - -! -- -- - -- (within Primary Trade Area & Secondary Market Area) Corkscrew Island Neighborhood Commercial ImmokaleelEverglades Neighborhood Subdistrict (not within Primary Trade & Secondary Market Area) Center ( within Primary Trade Area & Secondary GEN L COMMERCIAL 1 2007 1 2010 1 2015 2020--T— Acres: 8 „ Market Area) Existing an d Pote ntial Com m e rcial SOFT 733,536 733,536 733,536 733,536 Potential Commercial SOFT: 90,000 " I. Acres: 14.35 Comme Potential Commercial SQFT: 86,253 BUT ST Demand for Community Center 780,216 208,714 257,566 309,455 397 394 Pending GMPA CP- 2007 -2I' (ImmokaleelOil Well Rd Commercial Subdistrict) Acre :103 Proposed Commercial SQFT: 70,000 402 . ...4DO I 217 216 y Pending GMPA CP- 2008 -1 s (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 . ,. 218.1 215 col oEnl tole EEV� ✓� __ __� Legend ., Existing Commercial Parcels Vast & Potemial Commercial Parcels _ Pending GMPAs (07108 Cycle) QPrimary Trade Area & Secondary Market Area Boundary 215 TAZS W2one Number - --- Major Roads Water 390 395 700,0 ORA NG E•B LOS S OM R ANC HPUD I 600,0 \ 61, a58 in, LWEL�RD) ,— i — -- 500,0 ORANGETREE PUD I I L 400,0 rtnuDnu - --- ------ --- --_. --� U) 300,0 391 1 393 200,0 Pending GMPA CP- 2007 -1 of JI (Wilson Blvd Commercial Subdistrict) Acres: 5.17 of .I 100, 0 Proposed Commercial SQFT: 40,000 �I I 396 214____— , 213 I 236 23.5 o; 2,, 'r 0 0.5 1 2 3 Miles COMMERCIAL SQFT SUPPLY & DEMAND CHART (Community Center) 2007 2010 2015 2020 2025 2030 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) "Number of Persons per Neighborhood Center: 13,110 " Number of Persons per Community Center: 34,464 " Number of Persons per Regional Center: 157,324 ` Number of Acres per Neighborhood Center: 11 Number of Acres per Community Center: 28 " Number of Acres per Regional Center: 100 Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SQFT Per Capita) Square Feet Building Area per Community Center: 257,668 (7.48 SQFT Per Capita) ` Square Feet Building Area per Regional Center: 1,0D0,000 (6.36 SQFT Per Capita) COMMERCIAL ANALYSIS FOR GMPA CP- 2008 -2 ATTACHMENT: USING INTERACTIVE GROWTH MODEL � y e MAND FOR NEIGHBORHOOD CENTER) IM Ilv"All" o MOKALEE RD -E Co Covtnc „ ---- -D _ / ev __� A DEMAND FOR COMMERCAIL SQFT - NEIGHBORHOOD CENTER (within Primary Trade Area & Secondary Market Area) Corkscrew Island Neighborhood Commercial Immokalee /Everglades Neighborhood GENERAL COMMERCIAL 2007 2010 2015 2020 2025 Subdistrict (not within Primary Trade & Secondary Market Area) Center ( within Primary Trade Area & Secondary Subdistrict Market Area) Existing and Potential Commercial SQFT 733,536 733,536 733,536 733,536 733,536 Potential Commercial SQFT: 90,000 Acres: 14.35 lCommercial SQFT Demand for Neighborhood Center 203,586 235,780 290,967 349,585 401,257 -- - ---- - - - - -- Potential Commercial SQFT: 86,253 1 394 Pending GMPA CP- 2007 -2 '� 395 (Immokalee /Oil Well Rd Commercial Subdistrict) zl i Acre s: 10.3 °I _ Proposed Commercial SQFT. 70,000 31 Pending GMPA CP- 2008 -1 I ORANGE - BLOSSOM RANCH' PUD 400 492 \ Acres:41 Kf r CR 858 (OIL WELL RDI E R I T A G E PROJECT LOCATION 56................ Randall I 218 218.1 .... BAY P U D • p Blvd Commercial Subdistrict , O R A N G E T R E E' P U D Proposed Commercla180PT- 390,950- - IMMDNALEE RD - Existing Commercial Parcels COMMERCIAL SQFT SUPPLY & DEMAND CHART (Neighborhood Center) 700,000 600,000 500,000 400,000 W 300,000 200,000 100,000 0 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) *Number of Persons per Neighborhood Center: 13,110 Number of Persons per Community Center: 34,464 Number of Persons per Regional Center: 157,324 ' Number of Acres per Neighborhood Center: 11 ' Number of Acres per Community Center: 28 ' Number of Acres per Regional Center: 100 Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT Per Capita) Square Feet Building Area per Community Center: 257,668 (7.48 SQFT Per Capita) ' Square Feet Building Area per Regional Center: 1,000,000 (6.36 SQFT Per Capita) MIR -.na o._y i of 391 217 : 216 0l .. 1 393 ml '} zl - °i ��.. of Pending GMPA CP -2007-1 ICI 31 (Wilson Blvd Commercial Subdistrict) m _ Acres: 517 Pending GMPA CP- 2008 -1 Proposed Commercial SOFT: 40,000 0l (Estates Shopping Center Subdistrict) Acres:41 r Proposed Commercial SOFT: 225,000 I I 218 218.1 .... 1 I I .... GOLDEN 1— BLVD C. Legend o. I i Existing Commercial Parcels ) I '' Vacant & Potential Commemial Parcels - Pending GMPAS (07/08 Cycle) ®Primary Trade Area & Secondary Market Area Boundary 215 TAZs W /Zone Number 0 0.5 1 2 3 I i - - -- Major ROads Miles + Water COMMERCIAL SQFT SUPPLY & DEMAND CHART (Neighborhood Center) 700,000 600,000 500,000 400,000 W 300,000 200,000 100,000 0 YEAR CIGM Guidelines for Commercial Development: (County -wide Average) *Number of Persons per Neighborhood Center: 13,110 Number of Persons per Community Center: 34,464 Number of Persons per Regional Center: 157,324 ' Number of Acres per Neighborhood Center: 11 ' Number of Acres per Community Center: 28 ' Number of Acres per Regional Center: 100 Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT Per Capita) Square Feet Building Area per Community Center: 257,668 (7.48 SQFT Per Capita) ' Square Feet Building Area per Regional Center: 1,000,000 (6.36 SQFT Per Capita) e 1 7) HOUSING UNITS AND POPULATION FORECAST FOR GOLDEN GATE ESTATES AREA (2 —MILE EAST OF CR 951) USING CIGM HOUSING UNITS POPULATION 35, 26,134 100,000 31,641 t 25•000 21,zs3 _ POPULATION $HOUSING 1 2010 1 2020 2030 1 BUILDI>� ss,zn Z 80,000 51,560 j 25, - 168°° j I Total Housing Units 11,442 16,800 21,263 26,734 O (� u 20,000- it•442 Total Population 35,136 51,560 65,217 81,847 g 60,000 36.136 N 11 — !' O 40.000 ,0,000 Source: Collier County Interactive Growth Model n M 5.000. GIS Mapping: Beth Yang, AICP 20,000 Comprehensive Planning Department 0 .... 2010 2020 2030 BUILD-OUT 2010 2020 2030 BUILD -OUT i YN4gGLLEE RD E EJAq(KEE ap E LEE COUNTY YEAR 2010 LEE COUNTY YEAR 2020 POP: 35,13 POP: 51,56 ffiI caase caws 8 caws iw4acuEE aD t w4aKntEEw � @� � .. oro n.,��E er,o ♦°,� �. 41 �� � catDEry c°,Exw v�r 8 eae__ a 8 a w,�aooE nD aI 0 1 DOT = 25 PERSON � 1 DOT = 25 PERSON °g 0 1 2 4 Miles � •F 0 1 2 4 Miles � . � EEaDE / MDKKEE 3.E _ LEE COUNTY YEAR 2030 LEE COUNTY BUILD —OUT I_ POP: 65,21 POP: 81,84 s M wo-EE m Q Q MNDEPwII B I N RD : ERBrET I f DOT 25 PERSON O 1 DOT = 25 PERSON $ y 8 0 1 2 4 Miles —r-1 �4 I �1 0 1 2 4 Miles � PENDING GMPAs COMN RCIAL MARKET AREA (EAST OF C.R 951 ) ',/HERITAGE BAY PUD ° m� I Q' I w � i GOLDEN GATE BLVD W O — — U, ° J C0 Z O J t Pending GMPA CP- 2008 -1 (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 %aios� RANCH 0!�//" OIL WELL RD I CR 858 -- - - - - -- I ORANGETREE I iuD. RANDALL BLVD A Pending GMPA CP- 2008 -2 (Randall Blvd Commercial Subdistrict) N Acres: 56.50 Proposed Commercial SQFT: 390,950 w r: I I ° J m w ° Q J C7 w w °I ml I O O Cl) l °, Legend CP- 2008 -2 Market Area (Primary Trade Area) CP- 2008 -1 Market Area (10- minute Drive Time) CP- 2007 -1 Market Area (2 Mile Radius) CP- 2007 -2 Market Area (Primary Trade Area) Water Pending GMPAs (2007/2008 Combined Cycle) Major Roads 0 0.5 1 2 3 4 Miles GIS MOPPING: BETH YANG, AICP COMPREHENSIVE PIANNING DEPARTMENT FILE: F.- DATNMARKETAREA 0 N IMMOKALEE RD E Pending GMPA CP- 2007 -2 I (Immokalee /Oil Well Rd Commercial Subdistrict) 1/ ° Acres: 10.3 Proposed Commercial SQFT: 70,000 W I J M — i Pending GMPA CP- 2007 -1 AVE MARIA TOWN & UNIVERSITY (Wilson Blvd Commercial Subdistrict) i I Acres: 5.17 � Proposed Commercial SQFT: 40,000 ',/HERITAGE BAY PUD ° m� I Q' I w � i GOLDEN GATE BLVD W O — — U, ° J C0 Z O J t Pending GMPA CP- 2008 -1 (Estates Shopping Center Subdistrict) Acres: 41 Proposed Commercial SQFT: 225,000 %aios� RANCH 0!�//" OIL WELL RD I CR 858 -- - - - - -- I ORANGETREE I iuD. RANDALL BLVD A Pending GMPA CP- 2008 -2 (Randall Blvd Commercial Subdistrict) N Acres: 56.50 Proposed Commercial SQFT: 390,950 w r: I I ° J m w ° Q J C7 w w °I ml I O O Cl) l °, Legend CP- 2008 -2 Market Area (Primary Trade Area) CP- 2008 -1 Market Area (10- minute Drive Time) CP- 2007 -1 Market Area (2 Mile Radius) CP- 2007 -2 Market Area (Primary Trade Area) Water Pending GMPAs (2007/2008 Combined Cycle) Major Roads 0 0.5 1 2 3 4 Miles GIS MOPPING: BETH YANG, AICP COMPREHENSIVE PIANNING DEPARTMENT FILE: F.- DATNMARKETAREA 0 N PENDING GMPAs LOCATIONS (2007/2008 COMBINED CYCLE) EAST OF CR 951 - - - - - -- - - -- - - - - - -- ------------------------ Corkscre - w Islan s i 1\ IMMOKALEE RD E FNe {ghtiorhOOd /Jr 'I Zeesrnur viA�. Commercial Subdietrli t M P U D t Immokaiee /Everglades \, ........... ................... Neighborhood Center i LEE COUNTY CONSERVATION RFMUD Pending GMPA CP�20 „07 -2 RLSA (Immokalee /Oil Well Rd Commercial Subdistrict) Acres: 10.3 Pending GMPA CP- 2007 -3 Proposed Commercial SQFT: 70,000 (Mission Subdistrict) Acres: 21.72 Proposed SQFT: 90,000 (2,500 SQFT Commerical) Pending GMPA CP- 2007 -1 m (Wilson Blvd Commercial Subdistrict) I h.11-771-7777771-7;4 0 LB s s �M/ z i RAN CH,PUD Acres: 5.17 o Proposed Commercial"SQFT.40,000 �I LRD - - -- — — — - - - - --- - - -- FARM” HERITAGE � I I�/ % %r .0/ BAY,PUDi RFMUD J ORANGETREE PUD i s I ALL BLVD___ ................... _ �� IMMOKALEE RD � I R A rw -MAR a Pending GMPA CP•2008 -2 `!, Mixed use (Randall Blvd Commercial Subdistrict) ctivity Center #3 I Randall Blvd RI QlJ LAND Commercial Subdistrict Acres: 56.50 SONOMA O Proposed Commercial SQFT: 390,950 AKS ,,, I L� MISSON I >' O HILLS !! i I Western Estates y`i of w o RLSA JJJ J i o 5j mi CAROLINA �i VILLAGE i > I O I`l v Collier /Pine Ridge - Rd _ _ GOLDEN GATE BLVD w u c Neighborhood Center - - Pending GMPA CP- 2008.1 Wilson /Golden Gate Blvd Everglades /Golden Gate Blvd Neighborhood Center Neighborhood Center (Estates Shopping Center Subdistrict) -- - - - - -- Acres: 41 i I Proposed Commercial SQFT: 225,000 ; is . i i Comm Infilll Subdistrict o{her Blvd : i RF U D Comm Subdistrict Ni RLSA AYE MAIA; OWN & UNIVERSITY I CR 858 Legend - Pending GMPAs (East of CR951) =Existing Commercial Parcels =Vacant & Potential Commercial Parcels - - Major Roads Major CPUD /MPUD Golden Gate Estates RLSA RFMUD Neutral - RFMUD - Receiving RFMUD- Sending Conservation _ 0 0.5 1 2 = - - -4 nnlr ' GIS MAPPING BETH YANG, AICP*- 1 �"Z. �•%�.'+ COMPREHENSIVE PLANNING DEPARTMENT ORDINANCE NO. 10- 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 TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. se g., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Timothy Hancock of Davidson Engineering and R. Bruce Anderson, Esq., of Roetzel and Andress, P.A. requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to expand and modify the Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed 411,950 square feet of commercial uses of the C-4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8`b Street Northeast and west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, existing of 56.5± acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and Words underlined are additions; words °*,.,, ^v *'weeg4 are deletions 1 Golden Gate Area Master Plan Petition CP- 2008 -2 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 amendment 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 transmittal and adoption of the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Conunission held on October 19, 2009, and October 20, 2009, the Collier County Board of County Commissioners held on January 19, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment 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 underlined are additions; words stfuek dff�eugh are deletions 2 Golden Gate Area Master Plan Petition CP- 2008 -2 The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. Lf a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to form and legal suffiency: Heidi Ashton- Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words stmt are deletions Golden Gate Area Master Plan Petition CP- 2008 -2 Exhibit A GOLDEN GATE AREA MASTER PLAN B. Estates — Commercial District C P- 2008 -2 3. Randall Boulevard Commercial Subdistrict — The Randall Boulevard Commercial Subdistrict, containing approximately 56.5 acres, is located on the south side of Randall Boulevard and Immokalee Road (CR -846), extending from 8'h Street NE west to the Corkscrew Canal. T-he This Subdistrict is comprised of the following properties: Tracts 54, 55, 71, 72, 89, 90, 107, 108, 125, 126 and 127, Golden Gate Estates, Unit 23; and the Fast 165 fee+ of TFaGt 54 e Golden Gate Estates , I Ini+ 232 ReGO +niZinn the Unique deyelOpMeR+ patteFn and nhaFaGteri6+in6 of SUFF URding land uses, the This GemmeFGial Subdistrict has -been designated on the Golden Gate Area Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map. See Map 4-4 It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. Development intensity in this Subdistrict shall not exceed 401,950 square feet of floor area. All development in the Subdistrict shall comply with the following requirements and limitations: a. All smersia; development is encouraged to be in the form of a PUD. b. Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot wide buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. C. Shared parking shall be required with adjoining development whenever possible. d. Tract 55 shall only be utilized for native preservation and water management areas. The eastern boundary of Tract 55 shall contain, at a minimum, a 50 -foot wide retained native vegetation buffer. e. The following limitation shall apply to Tract 71 only: 1. Development shall be limited to 21,000 square feet. 2. Limitation of Uses - Uses shall be limited to the following: • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; • Drug Stores; • Food Markets; • Hardware Stores; • Laundries - Self Service Only; • Parks, Public or Private; • Post Offices and Professional Offices; • Repair Shops - Radio, TV, Small Appliances and Shoes; • Restaurants, including fast food restaurants but not drive in restaurants • Shopping Center Veterinary Clinic with no outside kenneling; Words underlined are added; words MUGkthrough are deletions Exhibit A GOLDEN GATE AREA MASTER PLAN B. Estates — Commercial District CP- 2008 -2 The following limitations shall apply to Tracts 72, 89 90 107 108 125 126, 127, and Tract 54: 1. Development intensity shall be limited to 380.950 square feet of floor area, of which no more than 305.950 square feet shall be retail development. Included in this amount is an allocation of 20,000 square feet for each of the east and west halves of Tract 54 (40,000 sq. ft. total). The project shall include a grocery anchor with a minimum of 35.000 square feet gross floor area (GFA) prior to any certificates of occupancy being issued beyond 100,000 square feet (GFA) of retail development. 2. Allowable uses shall be limited to the permitted and conditional uses of the CA General Commercial District in the Collier Land Development Code in effect as of the effective date of the adoption of the amendment of the subdistrict [Ordinance No. 2010- Adopted January /February except that the following uses shall be prohibited: • Tire Dealers, Automotive Retail (Group 5531) • Automotive Parking (Group 7521) • Communication Services (Group 4899) • Drinking Places (Group 5813) • Fishing Piers (Group 7999) • Glass and Glazing work (Group 1793) • Health Services (Groups 8059 - 8069) • Specialty Outpatient Facilities (Group 8093) • Houseboat Rental, Lakes Operations, Partv and Pleasure Boat rental (Group 7999) • Large Appliance repair service (Group 7623) • Marinas (Group 4493 and 4499) • Miscellaneous Repair Services (Groups 7622 -7641, 7699) • Liquor Store, unless operated by a Grocery Retailer (Group 5921 • Used Merchandise Store (Group 5832) • Automatic Merchandising Machine Operators (Group 5962) • Direct Selling Establishment (Group 5963) • Escort Services, Massage Parlors, Tattoo Parlors, Turkish Baths, Wedding Chapels (Grout) 7299) • Betting Information Services, Bath Houses, Billiard Parlors Bookies and Bookmakers, Cable lifts, Carnival Operation Circus Companies, Fortune Tellers, Go -cart racing operation Off -track betting, Ping Pong Parlors, Rodeo Animal Rentals Rodeos, Shooting Ranges, Trapshooting Facilities (Group 7999) • Parole offices, Probation offices, Public welfare centers, refugee services, settlement houses (Group 8322) • Tow -in parking lots (Groups 7514, 7515, 7521) • Animal Specialty Services (Group 0752) Words underlined are added; words StUGkthFeggh are deletions Exhibit A GOLDEN GATE AREA MASTER PLAN B. Estates — Commercial District C P- 2008 -2 3. At time of rezoning, consideration shall be given to imposing appropriate restrictions on the amount of development allowed in this Subdistrict prior to discontinuance and relocation of the Big Corkscrew Island Fire Station and Florida Division of Forestry fire tower uses. 4. fPlaceholder for transportation mitigation requirementsl Words underlined are added; words stuGkt#reugl4 are deletions 0 E- /A a E L LEGEND BEACH BOA D [fTATTA DESMALDD AG WTURAL /"I OQAIGNATION INS YL[ LIL,IIF.t ilm � „LIAG} � niwti z!ndun .iR.� o¢„rr Doom inamw. s.,osrnn um awox,nrr /l11TU!{ . KWNna fAx, <G+C�o.. Ap,eKx ❑���� ,I,ICi 4�L R ,LTaT3 oaf}µ m z a .wi 7 m�rj °carox :fa".. °�n�sc: `.0 � �•e mr ,ro.o .wc Vu am+n.n mua wuevrio w,elowa v,a,xx � nae.u.,euay.w mr,nu .AienA, e+u`�"°O1w,eRxcr'R1pp1 m.xs PINE RmO w wias�i1O crrw.au we nnas�r euwe, ,e o'su+x,m ,K w+w wxxs as vw us ,cw,,.nw �nw a ,x axow ux .,r. n.xv nw. I IMMOKALEE ROAD m E U7 E a� a7 97C aI_ $Ic mIV a 9R pF� GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD A nt > OIL WE:.L ROAD w z � RANDALL BOULEVARD 3 SUBJECT SITE CP- 2008-02 GOLDEN GATE ULEVARD BEACH BOA D SCALE p Q t MI. 2 3W am% 5 m IR,7.K 8,: C,8 /C.D MA-.I SEC1 CONML W OEY GPWJAT f 0 OMRONMFNTA i RMCES DIM DAX 9/.= FILE 0 .^wt D -20- m 8 m z a .wi 7 I < U PINE RmO RD. WHITE BLVD. C In rn O F z a a m SR. 84 a G.C. PKWY. t < m INTERgp ATE -73 Z DAVIS BOULEVARDm E U7 E a� a7 97C aI_ $Ic mIV a 9R pF� GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD A nt > OIL WE:.L ROAD w z � RANDALL BOULEVARD 3 SUBJECT SITE CP- 2008-02 GOLDEN GATE ULEVARD A SCALE Q t MI. 2 3W am% 5 m IR,7.K 8,: C,8 /C.D MA-.I SEC1 CONML W OEY GPWJAT f 0 OMRONMFNTA i RMCES DIM DAX 9/.= FILE 0 .^wt D -20- R26E I m .wi 7 I o C w SR. 84 SCALE Q t MI. 2 3W am% 5 m IR,7.K 8,: C,8 /C.D MA-.I SEC1 CONML W OEY GPWJAT f 0 OMRONMFNTA i RMCES DIM DAX 9/.= FILE 0 .^wt D -20- R26E I R27E I R28E EXHIBIT A PETITION CP- 2008 -02A RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida I E IMMOKALEE O R AMENDED — SEPTEMBER 10, 2003 (Ord. No. 2003 -44) AMENDED — JANUARY 25, 2007 (Ord. No. 2007 -19) 0 1/2 MI. 1 MI. PREPARED BY: GIS /CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: CP- 2008- 28.DWG DATE: 9/2009 LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA U P 0 +n L O A � O C B ST C w O U A E LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA CP- 2008 -4, Fillmore Re- Designation of RFMUD Sending Lands STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009. RE: PETITION NO. CP- 2008 -4; RURAL FRINGE MIXED USE DISTRICT SENDING LANDS RE- DESIGNATION TO NEUTRAL LANDS GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] Coordinator: Corby Schmidt, AICP, Principal Planner AGENT /APPLICANT /OWNER: Agent: Dwight Nadeau, of RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Applicants and Owners: John and Teresa Fillmore, of Fillmore, LLC 2250 Washburn Avenue Naples, Florida 34117 GEOGRAPHIC LOCATION: Agenda Itei The subject property contains 28.7 acres located south and east of Washburn Avenue, and east of the Naples Landfill. The property has approximately 1,029 feet of frontage on an east -west segment of Washburn Avenue and approximately 1,217 feet of frontage on a meandering, north -south segment of Washburn Avenue. The property lies within the Rural Estates Planning Community, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See aerial and zoning maps below) NZ CP- 2008 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Item REQUESTED ACTION: 129 A EAIL Proposed Prowl Site .� am 130 This petition requests amendment to the Future Land Use Element, Future Land Use Map and Map Series (FLUE/FLUM), particularly the North Belle Meade Overlay Map, of the Collier County Growth Management Plan to re- designate the subject property from Rural Fringe Mixed Use District Sending Lands to Neutral Lands. Changes to FLUE are proposed for Overlays and Special Features provisions, as follows: V. OVERLAYS AND SPECIAL FEATURES [page 94] B. North Belle Meade Overlay 4. SENDING AREAS Within the NBM Overlay are t 4-,699 4,569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and % sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. 5. NEUTRAL LANDS Within the NBM Overlay there are ± 4,280 1,309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two 1/2 sections located at the northeast corner of this Overlay apA, Section 24 located in the northwest portion of this Overlay, and approximately 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. -2- 4 P=`2008 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Item, [Note: The proposed text change shows the petitioner's proposed amendments in single strike - through /underline format, while current Growth Management Plan language appears in plain text; this text is reflected in the Resolution Exhibit A.] BACKGROUND AND PROJECT DESCRIPTION: The following summary provides background information on the "Rural Fringe Mixed Use District ". Originally adopted on June 19, 2002, primarily for the Rural Fringe Mixed Use Area of the County, an area generally located between the coastal Urban area and Golden Gate Estates. Due to legal challenges, the original amendments did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. [For reference, the most recent Conditional Use for the subject property was approved June 11, 2002, preceding the creation of the RFMUD.] The RFMUD states, in part: "The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural /Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and /or encouraged within the District. 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process." Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is allowed at 1 DU /5 acres; for parcels ?40 acres, this density may be increased via TDRs to a maximum of 1 DU /acre. -3- 2008 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Iterr. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at 1 DU /5 acres. These lands are "neutral' to the TDR program - they are not eligible to send or receive dwelling unit rights. For parcels >40 acres, clustering is allowed. Sending Lands are areas of higher environmental value; accordingly, they have more restrictive protection standards and a more restrictive list of permitted uses. Residential density is limited to 1 DU /40 acres, or pre- existing parcel size of <40 acres if created prior to 6/22/99. Residential density may be transferred at a ratio of 1 DU /5 acres, or pre- existing parcel size of <5 acres if created prior to 6/22/99 and lawfully existing; however, additional density may be transferred via density Bonus provisions. Once development rights have been transferred (TDRs used), allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be intensified. Exceptions to the above density limitations include: (a) Density Blending: allows some larger properties that straddle the Urban boundary — that is, partially within the RFMUD and partially within the Urban area - to shift their allowable density to the RFMUD so as to protect environmentally sensitive lands in the Urban area; and, (b) Rural Villages: depending upon location, allows a density of between 2 and 3 DU /A, with requirement to use TDRs. For Rural Villages: commercial, recreational and institutional uses are allowed and required; depending upon location, a greenbelt is required around the perimeter; depending upon location, the size is limited to between 300 and 2,500 acres; and, a public facilities impact analysis is required. During the Rural Fringe public hearings in 2002, many owners of proposed (and now - designated) Sending Lands asserted their property had been previously cleared or otherwise did not warrant the Sending Lands designation. Recognizing this possibility — it was made well -known that the designations were based upon landscape scale analysis, but also that allowing Receiving or Neutral Lands designations to be surrounded by Sending Lands designations (Swiss cheese concept — holes of Receiving or Neutral Lands within Sending Lands) was not acceptable, the BCC included a GMP provision giving a one year window in which owners of Sending Lands property that share a boundary with either Receiving Lands or Neutral Lands could submit data and analysis in an effort to demonstrate that, as of the date of adoption of the RFMUD (June 19, 2002), the Sending Lands designation was not warranted. In addition, staff would re- evaluate the data used in 2002 (panther telemetry data, red - cockaded woodpecker nesting and foraging habitat data, land cover classification data, etc.) to determine the boundaries of Sending Lands. Please see the GMP provision below. Future Land Use Element (FLUE), RFMUD Sending Lands 11. Adjustment to the Sending Lands Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending Land /Neutral Land boundary or Sending Land /Receiving Land boundary, the County will provide written notice to the property owners to advise [them] of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: -4- �.r - 008-4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Item a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. Staff received 12 re- designation requests, corresponding to 90 parcels comprising almost 1,900 acres; the BCC ultimately re- designated 12 parcels comprising 203 acres. The subject property was not submitted and would not have qualified — it does not abut Neutral Lands or Receiving Lands. This application seeks to amend the Future Land Use Map (FLUM) and the North Belle Meade Overlay Map of the FLUE Map Series, to re- designate RFMUD Sending Lands to Neutral Lands. This pair of map changes would allow RFMUD Neutral Lands uses on the subject property — specifically, to expand existing operations for the mulching and recycling of horticultural waste to add the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials. Other allowed Neutral Lands uses include: agriculture, single- family residences at a 1 dwelling unit per 5 acre density, and multi - family structures; group housing units; non - residential uses allowed in Sending Lands, plus other park and recreation facilities, sports instructional schools, earthmining, public and private schools and community facilities, golf courses and driving ranges, zoos, aquariums and botanical gardens. Although application materials indicate intent to develop the site further as a facility for the collection, transfer, processing and reduction of solid waste — of both horticultural and non - horticultural materials — once the re- designation occurs, the site will be eligible for any use allowed in the Neutral Lands designation. SURROUNDING LAND USE, ZONING, AND FUTURE LAND USE DESIGNATION: Subiect Site: Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities". The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Sawmill" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The Future Land Use Map designates the subject property Agricultural /Rural, Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single - family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non - residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. -5- 108 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Item Surrounding Lands: N - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: Across Washburn Avenue, is a single - family residence, nursery operation and a truck barn; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. S - ZONING: A, Rural Agricultural within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay; EXISTING LAND USE: Across a main east -west canal and 1 -75, is undeveloped land; The Picayune Strand State Forest surrounds the undeveloped parcel located directly south; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. E - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: a single - family residence and undeveloped land; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. W - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay; EXISTING LAND USE: Across Washburn Avenue, is a telecommunications tower on a vacant lot and a preserve area; FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay. In summary, the existing land uses in the area immediately surrounding or directly opposite the subject property are primarily rural -type residential and non - residential in nature. The present FLUM designation would allow the same Sending Lands uses in this area as on the subject property, except where restricted further by NRPA standards. CP- 2008 -4, Fillmore Re- Designation of RFMUD Sending Lands _ Agenda Iter, STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this Cycle — statutory data and analysis, the GMP vision, and HB 697 — and one item common to the six petitions seeking amendments to the GGAMP. Environmental Impacts: Multiple environmental reports, with the most - recent dated May 1, 2009, were prepared by Ramsey Inc. Environmental Consulting and submitted with this petition to support the proposed RFMUD re- designation from Sending Lands to Neutral Lands. Submittal materials verify the existence of wetland areas, native vegetation, previous clearing, and business activities on the subject property, as excerpted below: • The "Conclusions" section of the Ramsey Protected Species Wildlife Survey Report — Spring 2009 provides a summary of data reported, and concludes with an analysis stating, in part, "Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the natural flow of water from the north ". The "Overlays" subsection of the Ramsey Re- Designation Evaluation of FillmoreNahl Mulchinq Project from RFMUD Sending to Neutral Lands — GMP Amendment CP- 2008 -4 provides a listing of decisions and reasoning leading to a conclusion that, "The (subject property) does not exemplify the characteristics listed for Sending Lands. However, it does better fit the Neutral Lands definition ". The "Conclusion" subsection of the same Evaluation provides a collection of "accurate site specific data" for the subject property, and concludes, in part, "the most accurate land classification based on the RFMUD guidelines is Neutral ". Environmental Specialists with the Collier County Engineering and Environmental Services Department reviewed the environmental reports and provided the following comments: The Subject property has been partially cleared and utilized for mulching and horticultural recycling activities prior to the adoption of Rural Fringe Mixed Use District regulations. The original Rural Fringe Mixed Use District designations were based upon landscape scale analysis. Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different property characteristics. Data and analysis is provided in an effort to demonstrate that the Sending Lands designation is not supported. Data reveals there is habitat conducive to use by some listed species on the site and, the site is within the ranges for panther and bear. Wetlands are also present. Data indicates listed species are not utilizing the site — based on surveys conducted. The listed species survey conducted on site concluded that there were no listed species found foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers, big cypress fox squirrels, Florida panther or Florida black bear. Non - listed species observed include 16 bird species, 3 mammals and 1 reptile. Listed species could still be utilizing the property but have not been documented through surveys. 3115A )8 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Iter The project site includes single- family homes; timber processing business with associated roads; cypress; and pine /cypress /cabbage palm habitats with varying degrees of impacts from the existing business and an old borrow pit site. The soils found on site are listed as Boca fine sand; Oldsmar fine sand, on limestone substratum; Rivera fine sand, on limestone substratum; and Holopaw fine sand, on limestone substratum. The site has been used for over a decade for mulching and recycling vegetative material. There is an approximately 12 -acre native vegetation preserve on the site. The site was in use before the adoption of the Rural Fringe Mixed Use District regulations and can continue the current use as approved by Conditional Use 02 -263 (as amended). The current 12 -acre preserve is approximately 3 times larger than the requirement for Industrial /Commercial sites in the Urban Designated Area, which is 15% of the native vegetation present before development occurs. Policy 6.1.6 exempts this project from Rural Fringe native vegetation retention requirements as long as the existing use is continued. Since application materials are proposing a new use of the property, the Rural Fringe native vegetation requirements will apply. If the site is changed from Sending to Neutral, Policy 6.1.2 requires "A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved... ". This percentage will be applied to any remaining vegetation outside the existing conservation easement, if any, and will be calculated at the time of the next Conditional Use review. The current, approximately 12 acre preserve shall be maintained under existing conservation easement limitations. Due to the sites proximity to the perimeter of the Rural Fringe boundary and the current state of the property, the change of this site from Sending Lands to Neutral Lands to accommodate the proposed new use will not have a significant impact on the remaining Sending Lands since the current use of the site pre -dates the Rural Fringe Sending Land regulations, and the new use will result in approximately one acre of additional native vegetation preserve. In summary, the proposed re- designation from Rural Fringe Sending to Neutral Lands has been accompanied by data and analysis that supports the re- designation. This proposal does not result in protection of an area of higher environmental value, but in the recognition and utilization of lands having an intermediate level of environmental value. Capital Improvement Element (CIE) Policy 1.2 sets forth that the County Commission shall not approve any petition or application that would directly access, or significantly impact, a deficient roadway segment. This language is mirrored in Policy 5.1 of the Transportation Element (TE). CIE Policy 1.2 states, "Significant impact is hereby defined... as generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste, potable water, sanitary sewer, and drainage facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway." TE Policy 5.1 provides for same, and allows certain petitions and applications to be approved with "specific mitigating stipulations ". A Traffic Impact Statement (TIS), dated May, 2009, was prepared by Omega Consulting Group and submitted with this petition, including the analyses typically provided in a Growth Management Plan amendment application. ta--2008-4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Item` The TIS concludes that the roadway links analyzed, as part of the analysis, will not be significantly or adversely impacted by the resultant change to the Growth Management Plan. The Level of Service will remain above the adopted Level of Service threshold for the roadway links analyzed. The Collier County Transportation Planning staff has concurred with the assessments put forth within the associated TIS, and provides the following remarks: Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. White Lake Boulevard Impacts: The first roadway link that would be impacted by this project is White Lake Boulevard, which connects to Collier Boulevard (CR 951) north of 1 -75. The project would generate up to 36 PM peak hour, directional trips on this link, which represents a 5.0% impact. This is not yet an adopted concurrency link, so remaining capacity is not measured in the adopted 2008 AUIR. White Lake Boulevard is included in the 2030 LRTP, demonstrating a 2 -lane connection to Wilson Boulevard. CR 951 Impacts: The first concurrency link that would be impacted by this project is Link 32.2, Collier Boulevard between Golden Gate Parkway and 1 -75. Without consideration for project interaction with the County Landfill, the project would generate up to 18 PM peak hour, peak direction trips on this link, which represents a 0.73% impact. This concurrency link reflects a remaining capacity of 449 trips in the adopted 2008 AUIR and is at Level of Service "D ". With consideration for project interaction with the Landfill, the impact to Collier Boulevard would be 9 PM peak hour trips — an impact of 0.37 %. No subsequent links of Collier Boulevard require analysis beyond the first impact. Furthermore, Collier Boulevard is included in the 5 -Year CIE with improvements shown to be planned in FY 2010. Design plans currently (as of September, 2009) indicate a widened portion of Collier Boulevard between the Golden Gate Main Canal and Davis Boulevard, covering portions of two separate concurrency segments. Lonq Range Transportation Plan: The 'Needs' and 'Financially Feasible' maps found in the County's adopted Long Range Transportation Plan (LRTP) [Maps 10 -2 and 12 -1, respectively], indicate s the southerly property boundary coincides with the current boundary recommended by the County's consultant performing the Wilson /Benfield Corridor Study. To be consistent with these Corridor plans, Transportation Planners recommend that 130 ft. be reserved along the southerly property boundary for future road right -of -way. Recommended Condition: This project reserve 130 ft. along the southerly property boundary for future road right -of -way coinciding with the current boundary recommended by the Wilson/Benfield Corridor Study at such time that zoning action is undertaken to allow the proposed land use(s). I=1 J08 -4, Fillmore Re- Designation of RFMUD Sending Lands - _- Agenda Item Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this application. For water and sewer, the proposed solid waste collection, transfer, processing and reduction operation will demand 375 gallons per day — not considered to be a significant impact. However, for some public facilities, such as park facilities, the impacts will be lessened since this is not a residential project. Utilizing the level of service standards identified in the CIE, the proposed uses will not result in a significant impact on Category A public facilities. Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations and provided the following: Water and Wastewater Review Comments: Based on the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. There are no connections or extensions of the existing water and sewer utilities proposed, therefore, this project does not impact the CCWSD. Solid Waste Review Comments: The Collier County Public Utilities Solid Waste Department supports the further development of private vendors that will help to receive and manage more of the county's waste stream. The existing mulching recycling facility and the Collier County Landfill are adjacent, and this GMPA application will allow this project to provide additional recycling operations that will support receiving, crushing, sorting, and storing of construction & demolition materials. If the proposed GMP amendment is approved, applicant plans to submit a conditional use application to expand operations to include collection of construction and demolition materials. As such, Solid Waste staff and applicant and his agents met on August 18, 2009 to discuss future uses on the property. Solid Waste staff desires to ensure that the property is in compliance with all existing local, state and federal regulations and in harmony with existing practices at the landfill. Therefore, at the meeting Solid Waste staff raised concerns related to odor, noise, health and safety, fire safety, traffic, and hurricane preparation. It was agreed that applicant will provide information to address these concerns in the conditional use application subject to Solid Waste staff's further review. Historical and Archaeological Impacts: Historic or archaeological resources have not been identified as present on the subject property, based on a review of the Collier County Index of Historic /Archaeological Maps, and the site is not identified on County Historical and Archaeological Probability Maps. 2008 Lea station - HB 697: This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. The petitioner has not submitted a response, data or analysis regarding this legislation. -10- 0008 -4, Fillmore Re- Designation of RFMUD Sending Lands Agenda Itern. Appropriateness of Change: The practicality of the application's proposed Subdistrict was established through an evaluation of environmental characteristics predominantly, and other relevant factors, to ascertain insufficient need for retaining the Sending Lands designation and the appropriateness of the Neutral lands designation. Re- designation of this site will have a negligible impact of the Transfer of Development Rights program given the small size of the site (28.7 acres) as well as the amount of site clearing that has already occurred. It's location on the periphery of Sending lands does not raise concerns that an isolated designation is being created. Protection of environmentally sensitive portions of the site will be addressed at the time of the next development order review, and there is an existing cOnservation easement. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Wednesday, July 29, 2009, 5:30 p.m. at the Comfort Inn & Suites, located at 3860 Tollgate Boulevard, Naples. Approximately eight persons other than the applicant's team and County staff attended, and heard the following information: The applicant's agent provided a full description of the proposed amendment to the group, including the GMPA process, the Rural Fringe Mixed Used designation the TDR program, and the subsequent Conditional Use process. The presentation indicated that preserve areas already exist on the site, and they would not change as a result of expanded operations. No listed species are found on the site, and there will be no public facilities' impacts. The present and proposed uses were described, particularly the collection, transfer, processing and reduction of solid waste, mainly construction and demolition materials. Improvements accompanying the expansion would include construction of a new building and the addition of up to 10 new employees. Questions generated during the subsequent discussion focused on the nature of the proposed construction and demolition recycling activities, truck traffic and localized road conditions. No one in attendance expressed opposition to the project. The meeting was completed by 5:50 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: 1. Original RFMUD designations were based upon landscape scale analysis. Since then, proposals for re- designation have relied on site - specific environmental findings in order to demonstrate different property characteristics. The application provides data and analysis that the subject property's specific environmental condition supports the re- designation. -11- r'° " "0 &4, Fillmore Re- Designation of RFMUD Sending Lands_ __ - Agenda Ite 2. This property will be subject to all GMP requirements and limitations of the Neutral Lands designation, including the native vegetation preservation /retention requirements of the Conservation & Coastal Management Element (CCME). These requirements will be calculated at the time of Conditional Use review. 3. Impact upon the TDR program is negligible. 4. The southerly property boundary coincides with the current boundary recommended by the Wilson /Benfield Corridor Study for future road right -of -way, in accordance with the County's Long Range Transportation Plan (LRTP). This property is recommended to be reserved for right -of -way at the time of Conditional Use review. 5. Subsequent zoning activity must include a request to modify ( "rezone ") the RFMU Overlay, changing the RFMU Overlay — Sending Lands — NBM Overlay designation of the subject property to RFMU Overlay — Neutral Lands — NBM Overlay. This request may precede, but can be concurrent with, the Conditional Use application. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) heard the proposed amendment at their September 2, 2009 hearing. EAC members concurred that the presented data and analysis demonstrates the subject site does not warrant RFMUD Sending Lands designation. Members discussed the proposed collection, transfer, processing and reduction of solid waste land use, and reminded attendees that if granted, the re- designation would also allow other Neutral Lands uses — those most similar to the Agricultural - Residential use allowed before the Rural Fringe Mixed Use District was established. Members also discussed how subsequent zoning activity will include both a request to modify ( "rezone ") the RFMU Overlay, changing the RFMU Overlay — Sending Lands — NBM Overlay designation to the Neutral Lands — NBM Overlay — along with a Conditional Use application. Native vegetation preservation requirements will be specifically addressed at the time that zoning action (CU, SDP) is undertaken. EAC members recognized that no objections were raised by NIM attendees. The EAC recommended to the Planning Commission and the Board of County Commissioners to transmit CP- 2008 -4 to the DCA on a 5 -0 vote. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the Office of the County Attorney. [HAC] -12- CP- 2008 -4, Fillmore Re- Designation of RFMLID Sending Lands Agenda Iterr STAFF RECOMMENDATION: Based on the reviews and analyses provided within this Report, staff recommends that the Collier County Planning Commission forward Petition CP- 2008 -4 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Community Affairs, as written in the Requested Action section above, and in the accompanying Exhibit A. In addition to the above FLUE language, staff recommends the following stipulation, which is not intended to be made part of the GMP: One hundred thirty (130) feet be reserved along the southerly property boundary for future road right -of -way at such time that zoning action is undertaken to allow the proposed land uses. ..... _... . nr PREPARED BY: �1i1� 1iYyti DATE: �� G Corby L. Schmidt, AICP, Principal Planner Comprehensive Planning Department REVIEWED BY: DATE: David C. Weeks, AICP, Manager Comprehensive Planning Department REVIEWED BY: _ DATE: 1 Randy J. Cohen, AICP, Director _ Comprehensive Planning Department APPROVED BY: DATE: 0�5 — Joseph K. Schmitt, Adrihinistrator Community Development and Environmental Services Division r Petition No: CP- 2008 -4 Staff Report for the October 19, 2009 CCPC Meeting NOTE: This petition has been scheduled for January 19, 2010, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, Chairman -13- nr Ar U=K7A FILMORE RFMUD SENDING LANDS RE- DESIGNATION COLLIER COUNTY, FLORIDA PETITICM CP- 2008-04 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY /2�B DEVELOPMENT AND BMONM AL SERVICES DIVISION SCALE D 1000 FT. 'tDOD FT. LEGEND -I Fm sAREA T AREA ORDINANCE NO. 10- 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 TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sgq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land, Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Dwight Nadeau of RWA, Incorporated, requested an amendment to re- designate from Rural Fringe Mixed Use District, Sending Lands to Rural Fringe Mixed Use Neutral Lands to allow for use "facilities" for the collection, transfer and processing and reduction of solid waste, for property located on the east and south sides of Washburn Avenue, east of Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of 28.7± acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element and Future Land Use Map and Map series, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; TTAVI 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 amendment to the Growth Management Plan; and Words underlined are additions; words stnaek thfE�agh are deletions 1 Future Land Use Element Petition CP- 2008 -4 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 transmittal and adoption of the Future Land Use Element and Future Land Use Map and Map Series, to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 19, 2009 and October 20, 2009, and the Collier County Board of County Commissioners held on January 19, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element and Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment 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 underlined are additions; words stme r thr-ough are deletions 2 Future Land Use EIement Petition. CP- 2008 -4 SECTION TIRUM: EFFECTIVE DATE The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA RIN FRED W. COYLE, CHAIRMAN Approved as to form and legal suffiency: ti Heidi Ashton- Cicka, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words sfid ek-tbfeugl3 are deletions 3 Future Land Use Element Petition CP- 2008 -4 CP- 2008 -4 Exhibit A FUTURE LAND USE ELEMENT V. OVERLAYS AND SPECIAL FEATURES [Page 87] B. North Belle Meade Overlay [Page 96] 4. SENDING AREAS Within the NBM Overlay are f 4BW 4,569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and t5 and 3/ sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** [Page 96] 5. NEUTRAL LANDS Within the NBM Overlay there are ± 4-,2-90 1,309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two 1/2 sections located at the northeast corner of this Overlay and, Section 24 located in the northwest portion of this Overlay, and approximately 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. 1 Words underlined are added; words stFuGk thFeugh are deleted. Row of asterisks (' *' * ** * *") denotes break in text. 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PIBEpA'ND GIS/.D MAP %NC SECTION (� _ xKLroLCNT AND wnRwM[N-AL M-1 dHSlpu TSi DATE: B/4 i1LE: 19- 1WR- IB.DNO O JMONROE COUNTY R 25 E R 26 E R 27 E R 2B E R 29 E R 30 E fl 31 E I R 32 E ( R 33 E R 34 E i= U rc 3 0 I A W N V W ylW H rA 0 W rr N N W w EXHIBIT A ,nRpFI- NORTH BELLE MEADE OVERLAY MAP PETITION CP- 2008 -04A n LEGEND 1 Mi. .5 MI. 0 SENDING ® NEUTRAL SCALE �7 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION �j / /I NRaA RECEIVING NOTE: THIS MAP CANNOT BE INTERPRETED WITHOUT THE GOALS, OBJECTIVES COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Yf / / //� SENDING DATE: 8/2009 FILE: CP- 2008- 4A.DWG AND POLICIES OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN. Ift, SP- 2008 -7 FLUE Policy to align dates STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION Agenda Iten , 40 FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 RE: PETITION NO. CPSP- 2008 -7, STAFF PETITION REQUESTING AN AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH MANAGEMENT PLAN. (TRANSMITTAL HEARING] Coordinator: David Weeks, AICP, Planning Manager REQUESTED ACTION and STAFF ANALYSIS: This petition consists of one staff - initiated amendment, as previously authorized by the Board of County Commissioners on October 14, 2008 at the Adoption hearing for the 2006 cycle of Growth Management Plan (GMP) amendments. The amendment, to create new Policy 4.11 in the Future Land Use Element (FLUE), is set forth below, followed by explanation /analysis. [Words underlined are added; row of asterisks ( * * *) denotes break in text.] FUTURE LAND USE ELEMENT OBJECTIVE 4: [pages 15 & 161 In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** Policy 4.11 [new text, page 181 In the next Evaluation and Appraisal Report (EAR), due January 1 2011, Collier County will identify as an issue to be addressed the need to align dates within the various elements of this growth management plan. This will include but may not be limited to the planning time frame for the Future Land Use Map the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps Necessary amendments to achieve the alignment of dates will be included in the EAR -based amendments to the Plan. - ON s ''- 2008 -7 FLUE Policy to align dates Agenda Ite. As part of the 2006 cycle of GMP amendments, staff proposed numerous amendments to the GMP (petition CPSP - 2006 -13), including amendments to the Transportation Element to change the year from 2025 to 2030 on the following maps: TR -1, 2030 Long Range Financially Feasible Plan Map; TR -2, 2030 Long Range Needs Plan Map; and, TR -3A, 2030 Functional Classification Map. The date revisions were proposed so as to extend the planning period for the Transportation Element from the year 2025 to 2030, based upon the long range transportation planning update by the MPO, Metropolitan Planning Organization. The BCC approved Transmittal of that petition to the Florida Department of Community Affairs (DCA). When the DCA rendered its Objections, Recommendations and Comments (ORC) Report on July 14, 2008, it included an Objection to this date extension (and to an unrelated amendment, CP- 2006 -10, to re- designate certain lands within the Rural Lands Stewardship Area Overlay), as follows: The Department has identified the following Objections to Amendments CP- 2006 -10 and CP- 2006 -13 (text amendments to the comprehensive plan): Objection 4: The Collier County Comprehensive Plan does not have a consistent time frame. The Future Land Use Map includes the years 2006 -2016, while the Rural Lands Stewardship Area (RLSA) Overlay Program has a planning time frame to 2025 (according to proposed FLUE, RLSA Policy 4.2) and the proposed text amendment will change the Transportation Element Map TR -3A's, Collier 2030 Functional Classification Map, planning time frame to year 2030. Pursuant to Rule 9J- 5.005(5)(a), F.A.C., the required elements and any optional elements shall be consistent with each other and where data are relevant to several elements, the same data shall be used, including population estimates and projections and public facility analysis. [Section 163.3177(2) & (5)(a), F.S. and Rule 9J- 5.005(4) and 9J- 5.005(5)(a), F.A.C.) Recommendation: Revise the comprehensive plan to have a consistent planning time frame. Below are the specific statutory and Rule references noted in this Objection. Florida Statutes Chapter 163.3177 Required and optional elements of comprehensive plans; studies and surveys. (2) Coordination of the several elements of the local comprehensive plan shall be a major objective of the planning process. The several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall be financially feasible. Financial feasibility shall be determined using professionally accepted methodologies. (5)(a) Each local government comprehensive plan must include at least two planning periods, one covering at least the first 5 -year period occurring after the plan's adoption and one covering at least a 10 -year period. CPSP- 2008 -7 FLUE Policy to align dates Agenda Item Florida Administrative Code Rule 9J- 5.004(4) Planning Timeframe. Each local government comprehensive plan shall include at least two planning periods: one for at least the first five -year period subsequent to the plan's adoption and one for at least an overall ten -year period. Rule 9J- 5.005(5)(a) Internal Consistency. The required elements and any optional elements shall be consistent with each other. All elements of a particular comprehensive plan shall follow the same general format (see "Format Requirements "). Where data are relevant to several elements, the same data shall be used, including population estimates and projections Staff provided to the CCPC and BCC the following response to this Objection, which the BCC approved to provide to the DCA: "Discussions with DCA staff regarding the above Objection reveals their reading of the statutory and Rule requirement that comprehensive plan elements be consistent includes planning time frames - that all elements, plans, programs, etc. contained within the GMP must reflect the same time period. One way to resolve this Objection would be for the County to modify all such elements, plans, etc. to reflect the same time period — either by reducing all to the minimum required ten -year period, as reflected in the CIE (2007 - 2017), or by extending all to the same more distant period, such as out to 2025 or 2030. However, doing either has risks (of a non - compliance finding by DCA) if not adequately supported by appropriate data and analysis. County staff is of the opinion that there simply isn't adequate time to compile and/or create such data and analysis at this time, nor is it a prudent use of limited resources to attempt to do so. Most particularly, if the time period was advanced to 2025 or 2030, more significant data and analysis would be necessary, and one or more new policies might be needed committing to conducting future studies to assess adequacy of land availability (especially non - residential) to support the necessary future population in the County to coincide with long term transportation maps, water and wastewater plans, the RLSA program, etc. While County staff does not necessarily agree with DCA's reading of the statute and Rule, and maintains that our elements, plans, etc. are consistent with one another in that they are all based upon the same population estimates and projections, the same 2005 build -out study, etc., we recommend not engaging this issue with DCA at this time. Instead, staff recommends an alternative approach to address the Objection: simply not to adopt the proposed amendments at issue. Specifically, not adopt the changes to Transportation Element maps - and correlating text - to extend them from 2025 to 2030 and not adopt changes to the RLSA program (petition CP- 2006 -10). There is no harm in taking this non - action; the Transportation Element year changes are mere housecleaning revisions so as to reflect the latest dates contained in MPO documents, and the petitioner for CP- 2006 -10 has already requested this amendment not be adopted at this time. DCA has advised that should a future GMP amendment propose an increase in intensity or density, we should expect DCA to raise this inconsistent planning timeframe Objection again. The County will eventually need to address this issue directly - the staff recommended "not to adopt' option serves to postpone this issue to another time when it can be addressed more thoroughly." 3 P- 2008 -7 FLUE Policy to align dates Agenda item. In 2008, the County had three options: (1) Adopt the proposed amendment as Transmitted aqd see if the DCA would find it not in compliance with state law; (2) Adopt the proposed amendment as Transmitted AND adopt a new policy committing to conducting future studies to assess adequacy of land availability (especially non- residential) to support the necessary future population in the County to coincide with long term transportation maps, water and wastewater plans, the RLSA program, etc. (this second part based upon discussions with DCA staff); or, (3) not adopt the proposed amendment. The BCC chose option #3. Since the next Evaluation and Appraisal Report (EAR) is due January 1, 2011, and this 2007 -2008 cycle of GMP amendments is slated for adoption in July 2010, only about five months prior to the EAR, staff proposes the new policy 4.11 which commits to addressing this issue through the EAR and EAR -based GMP amendments processes. STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP - 2008 -7 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. PREPARED BY: DATE: David Weeks, AICP, Planning Manager Comprehensive Planning Dep rtment c REVIEWED BY: _ DATE: r ( 2 SAD Randall Cohen, AIC , Director Comprehensive Planning Department APPROVED BY: � x _ DATE: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division Petition Number: CPSP- 2008 -7 Staff Report for October 19, 2009 CPCC meeting NOTE: This petition has been scheduled for the January 19, 2010 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN CPSP- 2008 -7 Transmittal Staff Report dw 9 -22 -09 G:1Comprehensive \COMP. PLANNING GMP DATA \Comp, Plan Amendments\2007 -2008 Combined Cycle Petitions\2008 Cycle Petitions \CPSP - 2008-7 alignment of dates dw/9 -25 -09 ;.o il ORDINANCE NO. 10- 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 TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Comprehensive Planning staff initiated an amendment to the Future Land Use Element to add a new Policy 4.11, to address the alignment of dates within the various elements of the Growth Management Plan for planning time frames for the Future Land Use Map, the Rural Lands Stewardship Area Overlay Map, and Transportation Element long range maps; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment 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 amendment 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 transmittal and adoption of the Future Land Use Element, to the Growth Management Plan; and Words underlined are additions; words stmec—thr-eagh are deletions 1 Future Land Use Element Petition CPSP - 2008 -7 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 19, 2009 and October 20, 2009, and the Collier County Board of County Commissioners held on January 19, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is 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. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. Words underlined are additions; words stmek t4ough are deletions 2 Future Land Use Element Petition CPSP- 2008 -7 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA M FRED W. COYLE, CHAIRMAN Approved as to form and legal suffiency: 7 Heidi Ashton - Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words swaek through are deletions Future Land Use Element Petition CPSP - 2008 -7 EXHIBIT A FUTURE LAND USE ELEMENT CPSP- 2008 -7 [Page 15 -161 OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. [Page 18] Policy 4.11 In the next Evaluation and Appraisal Report (EAR), due January 1, 2011, Collier County will identify as an issue to be addressed, the need to align dates within the various elements of this growth manaciement plan. This will include, but may not be limited to, the planning time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps. Necessary amendments to achieve the alignment of dates will be included in the EAR -based amendments to the Plan. Words underlined are added; words 6tFuGk thmugh are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. Dade- Collier Cypress Recreation Area District e7° COyl7�lty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION Agenda IteL 1 4116 TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: OCTOBER 19, 2009 PETITION: CP- 2009 -1, DADE- COLLIER CYPRESS RECREATION AREA DISTRICT GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] Coordinator: Thomas Greenwood, AICP, Principal Planner AGENT /APPLICANT: Agent: James A. (Andy) McCall, Park Planner Miami -Dade County Park and Recreation Department 275 NW 2nd Street, 0 Floor Miami, Fl. 33128 Applicant/Owner: Miami -Dade County 111 NW 1" Street, 29th Floor Miami, Fl. 33128 GEOGRAPHIC LOCATION: The property contains approximately 1,608 acres of land located within Sections 13, 14, 15, and 16 of Township 53 South, Range 34 East. It adjoins the Miami- Dade /Collier County line north of U.S. Highway 41 and south of the runway of the Dade - Collier Training and Transition (TNT) Airport and is within the Big Cypress Area of Critical State Concern (ACSC) as illustrated below. This site comprises a portion of the 24,000 acres owned by Miami -Dade County, inclusive of the TNT Airport. The following maps illustrate the location and the proposed amendment to the Future Land Use Map [FLUM]. Dade - Collier Cypress Recreation Area District Agenda Item ISS `, §;.mel .. - i G �4�'TL7 ..a i O � � _ ■w�__1_�wi_.1_.��` 1 -_Jw�. 1 �iE. j �w� 1 fir.. 1 ���__l. are � D� mum m®er, Mmu OLIN Y E]] AWW i av i�saDUrtirsw sr� sam raw FTF -'Fi ®arm�iaw°o' - r nu s- rs�wor re°"�iis°L 2 DRAFT EXHIBIT A [FLUM AMENDMENT] C 05 ■wT �w� �w� ?ri`T fir. �r� —.rG ■w, I.. *me j .- �...a..� s =96. ! 1 -- ISS `, §;.mel .. - i G �4�'TL7 ..a i O � � _ ■w�__1_�wi_.1_.��` 1 -_Jw�. 1 �iE. j �w� 1 fir.. 1 ���__l. are � D� mum m®er, Mmu OLIN Y E]] AWW i av i�saDUrtirsw sr� sam raw FTF -'Fi ®arm�iaw°o' - r nu s- rs�wor re°"�iis°L 2 de- Collier Cypress Recreation Area District Agenda Item REOUESTED ACTION: The subject property is designated Conservation, and is in the ACSC Overlay, on the Countywide FLUM of the Collier County Growth Management Plan (GMP). Presently, there are no Districts or Subdistricts in this designation. This petition seeks to amend the Future Land Use Element (FLUE) and the FLUM of the GMP to create the "Dade - Collier Cypress Recreation Area District" within the Conservation Designation to allow for a variety of outdoor recreation activities, including trails for the operation of off-highway vehicles (OHVs)*. * An OHV is defined in Section 261.03(6) of Florida Statutes as any all terrain vehicle (ATV), or off highway motorcycle (OHM) that is used off the roads or highways of this state and that is not registered and licensed for highway use under Chapter 320 of the Florida Statutes. ATV is defined by Section 261.03 (2), F.S. as follows: (2) "ATV" means any motorized off-highway or all- terrain vehicle SO inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more non - highway tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. "; and OHM is defined in Section 261.03(5), F.S. as follows: (S) "OHM" or "off- highway motorcycle" means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped. " In addition to the FLUM amendment shown on the previous page, the proposed text amendments, shown in strike- through/underline format; are as follows. (Single underlined text is added, as proposed by the applicant. Row of asterisks denotes break in text.) Policy 1.4: [FLUE page 12] The CONSERVATION Future Land Use Designation shall include a Future Land Use District. A. DADE - COLLIER CYPRESS RECREATION AREA DISTRICT IV. CONSERVATION DESIGNATION A. Dade - Collier Cypress Recreation Area District [FLUE page 87] The Dade - Collier Cypress Recreation Area District encompasses approximately 1,608 acres of land located within Sections 13, 14 15 and 16 of Township 53 South Range 34 East, adioining the Miami- Dade /Collier County line north of U.S. Highway 41 and south of the runway of the Dade - Collier Training and Transition Airport, and within the Big Cypress Area of Area of Critical State Concern (ACSCI All lands within this District are A - Collier Cypress Recreation Area District Agenda Iten. entirely owned by Miami Dade County and includes wetlands cypress and hardwood forests and five man-made lakes. The primau purpose of this District is to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the county and the region. The uses allowed within this District with limitations specific to this District, are as follows: a. Visitors' center building — for administrative offices orientation area, meeting room and restrooms - not to exceed 2,400 square feet, b. Parking lot limited to a capacity of 80 passenger vehicles and associated trailers; c. Primitive Camping; d. Recreational vehicle camping; e. Fishing piers and docks; L Multi -use trails for edestrians and bicycles; g. Wildlife viewing_ platforms and overlooks; h. Archery range; i_ Off highway vehicles (OHV) trails; and L Other uses as allowed in the Conservation Designation. Development within this District except for trails may be concentrated on already_ disturbed area along the western portions of the site primarily in Section 16. The drainar a and storm water management systems for this District may be designed to be compatible with environmental site assessments develoornent and mitigation strategies, environmental enhancements and regulatory requirements. Site development may restore /realign existing trails previously created by swamp buggies that traverse the site primarily in an east/west direction Lake edges may be improved with a shallow littoral zone where determined appropriate. At the time of rezoning an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in F S 261 03 and 261.20 for operation of OHVs on public land These specifications may address vehicle and tire size, noise control prohibition of certain OHV types (e.g. tracked vehicles) prohibition of devices affixed to tires (e.g. tire chains). 2. An OHV igMection program and vehicle registration program. 3. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses — campsites parking areas, archery range OHV trails and trail access points pedestrian and bicycle trails, etc. 5. Development intensity. limitations — maximum number of RV and primitive camping sites cap on number of OHV users daily etc. 6. Monitoring provisions to ensure OHV compliance. ,*#0de- Collier Cypress Recreation Area District Agenda Iterr_ . - 7. Enforcement program for compliance with all site/park restrictions and limitations. 8. Specification of periods of operation especially for OHVs — daily hours of operation, periods of closure (e.g high water, fire threat hurricane threat), seasonal restrictions or closure. 9. Monitoring for detrimental impacts upon listed species 12. Restoration plan for presently disturbed portions of the site not to be utilized (e.g. most of the existing OHV trails) and creation of littoral zones for all. lakes. 11. Demonstration of compliance with the ACSC limitations (e.g. maximum site alteration of 10 %). 12. Deviation to request disturbance to areas impacted by development in the ACSC where unavoidable up to a maximum of 10% of the subject site FUTURE LAND USE MAP SERIES [FLUE page 124] Future Lands Use Map Mixed Use and Interchange Activity Center Maps Livingston Road Commercial Infill Subdistrict Map Dade - Collier Cypress Recreation Area District Map BACKGROUND AND PROJECT DESCRIPTION: This site was recommended in the Miami -Dade County Park and Recreation Department's August, 2007 study entitled, "Off- Highway Vehicle Trails Feasibility Study" [Appendix V.D.5b.1]. This Study evaluated 23 sites for potential future OHV usage and selected five sites, including the subject site for further investigation. The Study found the land surrounding the TNT Airport as the most viable long -term option of the five sites — in part because it is already owned by Miami -Dade County. Additionally, Collier County Resolution No. 09 -144 [Appendix V.D.5b.14] was approved by the Collier County Board of County Commissioners on June 9, 2009. This Resolution directs the County Manager or his Designee to "support" the establishment of this 1,608 -acre recreation area; identify the applicable planning and development approvals necessary for the development of this recreation area; and assist with coordinating input from the applicable regulatory agencies. The applicant is requesting approval to establish the "Dade- Collier Cypress Recreation Area District" (District) as a new District in the Conservation Designation of the FLUE and to show this District on the FLUM so as to allow for the development of the District. The applicant proposes the following uses within the proposed new District: visitors' center building — for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2,400 square feet; parking lot limited to a capacity of 80 passenger vehicles and associated trailers; 5 .ode- Collier Cypress Recreation Area District - Agenda Item • primitive camping (3 to 10 acres); • recreational vehicle camping (5 to 10 acres); • fishing and piers and docks (100 to 300 acres); • multi -use trails for pedestrians and bicycles; wildlife viewing platforms and overlooks (30 to 45 acres and approximately 10 miles of trails); • archery range (2 to 10 acres); • OHV usage and trails (5 to 15 acres and approximately 15 miles in trail length); and • other uses as allowed in the Conservation Designation (1218 to 1463 acres). The existing Conservation Designation allows all of the above listed uses — in context as a passive recreational use or as a component of a conservation or habitat preservation use - with the exception of the proposed OHV usage. The context is critical. For example, if an owner of 40 acres designated Conservation requested approval to allow development of a campground, the request would be rejected. Contrast this with Collier — Seminole State Park, also designated Conservation, which does allow camping and is deemed consistent with the Conservation designation. STAFF ANALYSIS: Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the "GMPA Standard Language" tab. This document addresses some items common to all petitions in this cycle — statutory data and analysis, the GMP vision, and , HB 697 — and one item common to the six petitions seeking amendments to the GGAMP. Existine Land Use Zoning, and Future Land Use Designation: Subject Site: Existing land uses on the subject site. The existing land use on the subject property is vacant or undeveloped with the site fenced on all sides, with the exception of a portion of the east boundary of the site which does not have a continuous fence. The application indicates that five man-made lakes exist which were developed in 1968 (borrow pits as part of the construction of the adjoining Dade- Collier Training and Transition Airport to the immediate north and access road to U.S. Highway 41); approximately 27 miles of unsupervised hiking/bicycling /wildlife trails; and approximately 22 miles of unsupervised OHV /swamp buggy trails. The site is generally not open to the public, except for self - described Gladesmen who operate unpermitted legacy campsites within the property, OHV riders who trespass on the property, and permitted Eco- Adventure tours operated by the Miami -Dade Park and Recreation Department. Existing zoning of the subject site: "Conservation with Area of Critical State Concern/Special Treatment Overlay "(CON - ACSC /ST). As such, all development on the subject site will be required to comply with the Area of Critical State Concern/Special Treatment Overlay of the LDC, including standards specific to site alternation, drainage, transportation, and structure installation. Existing future land use designation of the subject site: "Conservation with Area of Critical State Concern Overlay". As such, all development on the subject site will be R baae- Collier Cypress Recreation Area District - -- Agenda Item, required to comply with the Conservation and Area of Critical State Concern Overlay of the FLUE, including standards specific to site alternation, drainage, transportation, and structure installation. These same standards are found in the statutory ACSC designation. Surrounding; Lands: North: Dade- Collier Training and Transition Airport; zoned "CON - ACSC /ST" and a FLUM designation of "Conservation with ACSC Overlay ". East: Vacant lands in Miami -Dade County within the ACSC. South: Vacant lands; zoned "CON- ACSC /ST" and a FLUM designation of "Conservation with ACSC Overlay". West: Vacant lands; zoned "CON- ACSC /ST" and a FLUM designation of "Conservation with ACSC Overlay ". Comprehensive Plan Amendment data and analvsis requirement Chapter 9J -5, Florida Administrative Code, "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for comprehensive plan amendments. More specifically, Section 9J -5.005 "General Requirements" delineates criteria for plan amendments in sub - section 9J -5.005 (2) "Data and Analysis Requirements." Sub- section 9J- 5.005(2) of the Florida Administrative Code states (in italics) that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. The Department will review each comprehensive plan (amendment] for the purpose of determining whether the plan (amendment] is based on data and analyses described in this Chapter and whether data were collected and applied in a professionally acceptable manner. " It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to generate data and analysis for the applicant, rather it is staff's responsibility to review and analyze the petitioner's data and analysis for accuracy, applicability, professional acceptability, sound methodology, etc. Any outstanding deficiencies or other issues with respect to data and analyses that may remain at the time of any requisite public hearing are the responsibility of the applicant. A detailed synopsis of the adequacy of the data and analysis for the subject plan amendment is set forth below with specificity. -4c- Collier Cypress Recreation Area District Agenda Iten_— . Considerations and Appropriateness of Change: OHV usage — existing and proposed Existinz OHVs limitations within the Conservation Designation. Generally, recreational use of OHVs is presently not allowed in the Conservation Designation except on lands established for conservation/preservation purposes (e.g. state and federal parks, preserves and refuges) for which a management plan has been prepared, and publicly vetted, that includes OHV use as a component. An example would be the Big Cypress National Preserve, which allows all terrain vehicles (ATVs), swamp buggies and airboats within certain areas of the Preserve and subject to restrictions. Proposed OHVs usage within the proposed "Dade- Collier Cvpress Recreation Area District" of the Conservation Designation. This application proposes that OHVs would be allowed as a recreational use on the subject site as outlined in Appendix V.D.5b of the application entitled, "Data and Analysis for the Proposed Uses ". Reaching this site would involve an approximate 1 to 2 hour drive for most residents in Lee and Collier Counties as well as from other counties on the East Coast of Florida. Geographically, the proposed District is: • within and surrounded by environmentally sensitive areas of Collier County designated Conservation on the FLUM and located within the ACSC; • within and surrounded by the Big Cypress National Preserve; • approximately 50 miles from the Collier County coastal Urban Designation of the FLUM; and • approximately 50 miles from the Miami -Dade County and Broward County urbanized areas. A majority of users of the subject site could be expected to come from these urbanized areas, as well as from the Golden Gate Estates and Rural Fringe areas. Other existing or proposed OHV facilities. In addition to the proposed new District, the following is a current status of some of the other existing or proposed OHV facilities in South Florida: (1) Proposed Lake Trafford de- mucking site. This approximate 640 -acre site is located in the northwest comer of the Immokalee Urban Designated Area. Reaching this site is an approximate 30 to 45 minute drive time for most Lee and Collier County residents. The site is designated Low Residential Subdistrict in the Immokalee Area Master Plan. The proposed use of this site for OHVs has been publicly vetted. The site was filled in 2005 and 2006 with dredge spoils removed from Lake Trafford. South Florida Water Management District (SFWMD) is the current owner. However, under a 2003 agreement between Collier County and SFWMD, Collier County would become the owner of the site for future use as an OHV park. Recent soil tests have shown that the Lake Trafford dredge material is contaminated with arsenic and the site may not be economically feasible for the intended OHV use due to the environmental clean-up costs. At this time Collier County and SFWMD are attempting to resolve this problem and Collier County is looking at other options to satisfy the OHV park demand. Collier County recently voted to sue the SFWMD over issues related to the availability of this 640 acres. k._,ade- Collier Cypress Recreation Area District Agenda Item (2) Existing Redneck Yacht Club in Charlotte County. This 800 -acre privately -owned site is located in Punta Gorda and opened to the public in January, 2009 as a ATV park. A July 26, 2009, Naples Daily News article indicated that this site drew approximately 15,000 guests during Memorial Day weekend. In addition to ATVs, this site also accommodates hundreds of tents, pop-up campers, and recreational vehicles, providing for multi -day guest visits. According to its website, this is "Florida's Largest Off Road Park" and is for use by swamp buggies, ATV's, trucks and Jeeps. It is open on weekends only. This site is estimated to be an approximate 45 minute drive from the Collier -Lee County line at I -75. Staff acknowledges that this site, which appears to be for purely recreational use only (no apparent conservation component), is not used or operated as typically occurs for County Parks. The newspaper article noted that beer consumption by spectators and participants occurs, and a weapons search is conducted at the site entrance. (3) Existing and Proposed National Park Service OHV use in the Big Cypress National Preserve (BCNP). A National Park Service (NPS) Off Road Vehicle (ORV) proposal for the BCNP Addition (147,000 acres of land added to BCNP in 1988) is related to CP- 2009 -09 in that the BCNP lands surround the subject project site. This NPS General Management Plan would introduce up to 140 miles of ORV trails into the BCNP addition lands, which trails also would be available for hiking, bicycling, and horseback riding. The maximum of 140 additional miles of proposed ORV trails is in addition to the 400 miles of existing trails within the original BCNP lands. This General Management Plan must be approved by Congress before it becomes effective. For further information, the "Big Cypress National Preserve Addition, Draft General Management Plan/Wilderness Study /Off -Road Vehicle Management Plan/Environmental Impact Statement", which was prepared by the NPS, may be viewed in its entirety at the following web site: http: / /uarknlanning.nps.gov /document cfm ?parkID= 352 &projectld= 11164&documentID =27329 Finally, there has historically been unauthorized "free range" ATV use on lands now owned by the State of Florida and known as Picayune Strand State Forest. Such use was prohibited and halted after acquisition by the State. The intent of providing an ATV park facility in Collier County is to provide a legal opportunity for OHV owners to enjoy the use of their vehicles in a safe, managed facility. Consistency with the Conservation Designation of the FLUE A portion of the Conservation Designation of the FLUE is provided below (in italics) with staff analysis immediately following. "The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular Es ,.1e- Collier Cypress Recreation Area District Agenda Iten- attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County, which are primarily owned by the public, although private in- holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Parr Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier - Seminole State Parr Rookery Bay National Estuarine Research Reserve, Delnor- Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired by public entities or private land management or conservation groups. Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non - residential uses. The following uses are authorized in this Designation. f. Passive parks, and other passive recreational uses; **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Land Development Code (LDC), Section 1.08.02, defines "Passive Recreation" as follows: "Passive Recreation: Activities characterized by a natural resource emphasis and non - motorized activities These activities are deemed to have minimal negative impacts on natural resources; or are consistent with preservation, enhancement, restoration and maintenance goals for the purpose of habitat conservation. Examples of passive recreation include, but are not limited to, bird watching and nature study, swimming, picnicking, hiking, fishing and hunting, where appropriate. " Staff places emphasis upon the words "non- motorized activities" as the expressed intent of the Conservation Designation is to limit recreational activities to passive non- motorized recreational activities. The proposed OHV use on the subject 1,608 -acre site is a departure from the intent of the Conservation Designation. Further, the U.S. Fish and Wildlife Service's National Wetlands Inventory classifies this site as "Freshwater Forested/Shrub Wetlands ". The intent of the Conservation Designation is to, "conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. " The proposed OHV usage is unlikely to lead to the conservation and maintenance of the natural resources of Collier County. 10 ire- Collier Cypress Recreation Area District Agenda Item The Conservation Designation includes private in- holdings and privately owned conservation areas, in addition to the publicly owned lands. The establishment of the "Dade- Collier Cypress Recreation Area District" and related OHV usage may lead to other future private or public petitions for the establishment of other similar uses within the Conservation Designation. Based upon application materials, there is no question the site has been impacted from past and present activities. Borrow pits exist on the site from past excavation activities related to the construction of the adjacent runway and access road; the runway, access road and U.S. 41 have, in some way, impacted natural drainage on the site; and, unauthorized ORV use on the site has created trails across the site. However, despite these impacts, the site remains a viable, functioning wetland (93% of site is wetlands). Ceasing unauthorized ORV use on the site through education and/or enforcement will allow the trail areas to naturally, over time, become re- established with wetland vegetation. The petitioner suggests, in part, that these trails impacts are the reason this petition should be approved. In summary, the introduction of OHV uses into this 1,608 -acres site within the Conservation Designation will result in the following: • a significant increase of site - specific traffic, both from licensed passenger vehicles and OHVs, and related environmental costs; • extended travel times from population centers and related environmental impacts to reach this site; and • environmental impacts upon these "Freshwater Forested/Shrub Wetlands ". Accordingly, this petition is found to be contrary to the intent of the existing Conservation Designation and may be found inconsistent with that Designation. Consistency with 2008 Legislation - HB 697 [Greenhouse Gas Emissions — "GHG "l This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008. Some key phrases in the legislation include: "discouragement of urban sprawl'; "greenhouse gas reduction strategies"; "transportation strategies to address reduction in greenhouse gas emissions from the transportation sector." Among other things, it requires certain amendments to the Growth Management Plan (future land use element and map, housing element, transportation element, conservation and coastal management element) which would be initiated by Collier County. However, in the interim (and perhaps beyond), each GMP amendment petition should include data and analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas emissions. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance with this legislation. Below are excerpts from "The Role of Local Land Use and Transportation Planning in Reducing GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom Pelham, Esq., AICP. This helps to explain the rationale for the legislation and what DCA expects in reviewing GMP amendments. I. Introduction: The Problem 11 4e- Collier Cypress Recreation Area District Agenda Iten, A. About 36% of carbon dioxide emissions in Florida are produced by the Transportation Sector. B. Of these emissions, about 83% come from vehicular travel. C. A key factor is the extent of the vehicle miles traveled (VMT). D. DOT projects that by 2050 VMT will increase 173% based on current trends. E. We must reduce VMT in order to reduce GHG from the Transportation Sector. F. Local Land Use and Transportation Planning will play a critical role in reducing VMT. II. HB 697: Enhanced Local Planning to Reduce VMT and GHG A. HB 697 Amended Ch. 163, F.S., to Establish New Local Planning Requirements. B. Future Land Use Element — based on data and studies that demonstrate: 1. Discouragement of urban sprawl; 2. Energy efficient land use patterns that account for existing and future electric power generation and transmission systems; 3. Greenhouse gas reduction strategies. III. When Must Governments Comply with the New Requirements? A. The New Requirements Went into Effect on July 1, 2008, when HB 697 Became Law. B. DCA will apply the New Requirements to Plan Amendments Transmitted After July 1, 2008, for ORC Review as follows: 1. FLUM Amendments must be Supported by Data and Analysis Relating to Urban Sprawl, Energy Efficient Land Use Patterns and GHG Reduction Strategies. 2. FLUE Text Amendments with Significant Potential to Impact Development Patterns Must Comply with the New Data and Analysis Requirements. 3. Major Textual Amendments to Transportation/Traffic Elements and Large FLUM Amendments must Address new GHG Reduction Requirements. C. Local Governments must comply with all New Requirements NO Later Than DUE DATE of EAR -Based Amendments. IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and GHG? [a list was provided of a dozen resources] V. This literature discusses transportation and land use planning strategies to reduce VMT and GHG. A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their Cars). B. Planning for Alternative Modes of Travel — Walking, bicycling and transit. C. Planning for More Compact Mixed -Use Development 1. A mix of residential, commercial, and recreational uses in close proximity to Employment Centers. 2. Encourages Walking and Bicycling. 12 ade- Collier Cypress Recreation Area District Agenda Item 3. Supports Transit. 4. Reduces Number and Length of Automobile Trips. D. Planning for Higher Densities in Appropriate Places 1. Higher Density Development has Smaller Carbon Footprint. 2. A Blended Average Density of 7 units/acre is Sufficient. 3. Transit - Oriented Development — Cluster Higher Density Around Transit Stops. Staff advised the applicant of the need to provide data and analysis regarding the quantification of the amount of GHG emissions which would result from the development of this proposed park site. The applicant, in a July 10, 2009 letter immediately following the application cover letter, has addressed Florida House Bill 697 as it would relate to CP- 2009 -01. The applicant did not quantify the amount of GHG emissions which might occur because of this project. Rather, the applicant states that the site's location and the limited number of annual visitors will result in a small impact on the creation of GHG and that the GHG emissions impact within and near the subject site will be largely offset by the number of lives that are saved by the reduction in the use of dangerous, illegal, and unmanaged recreation sites. No data and analysis was provided to demonstrate how this project discourages urban sprawl and reduces GHG emissions. Accordingly, the DCA may well raise issues regarding this requirement within the Objections, Recommendations, and Comments Report if this project is transmitted to the DCA with the current applicant response to HB 697. Consistency with the "T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act" Act This Act was signed into law in 2002 with the intent to "create new opportunities for OHV users (specifically ATV and OHM users) while safeguarding the integrity of Florida's natural resources ". This Act is referenced on page 22 of Appendix V.D.5b.1 of this application entitled Park and Recreation Department Off-Highway Vehicle Trails Feasibility Study for Miami Dade County_ August, 2007 (Study). Page 20 of this Study states that, "The other sites [other than the subject site] offer potential opportunities for permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami -Dade County, share many physical characteristics with the preceding [the subject site] while having fewer environmental constraints, but are less suitable overall because of their ownership composition. " Based upon staff review of this application and this Study, there is insufficient evidence presented to document that the proposed project will "safeguard the integrity of Florida's natural resources" as is the intent of the Act. Further, this site is the most environmentally sensitive site of the top contending sites analyzed within this Study. Staff concludes that the on -going site specific environmental impacts associated with the OHV use of the subject 1,608 -acre site, as well as environmental impacts associated with motorized travel to the subject site by potential OHV users, will be greater than the alternative use of either the Homestead Speedway or FRS Holdings site for OHV use 13 a _- Collier Cypress Recreation Area District Agenda Item _ located in Miami - Dade -County. - In summary, the proposed -OHV site may not be consistent with the intent of the T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act in that this site's use for OHV activities may fail to "safeguard the integrity of Florida's natural resources" by introducing this more intensive active recreational activity into the Conservation Designation. However, an August 26, 2009 letter to Miami -Dade County Parks and Recreation Department staff from the Florida Department of Agriculture and Consumer Services finds, "Petition Number CP 2009 -01 to be consistent with the intent of the T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act." [see Exhibit V.D.5b /15] Consistency with Policy 1.1.1 of the Recreation and Open Space Element (ROSE) of the GMP Policy 1.1.1 of the ROSE is shown in its entirety in italics below. "Policy 1.1.1: Collier County hereby adopts the following level of service standards for facilities and land owned by the County or available to the general public: LEVEL OF SERVICE STANDARD: A. 1.2882 acres of community park land /1, 000 population (unincorporated) B. 2.9412 acres of regional park land11, 000 population C. Recreation facilities — Facilities in place, which have a value (as M defined) of at least $270.00 per capita of population. A Construction Cost Index (CCI) adjustment will be used to determine the construction cost of facilities planned. The CCI that will be used will be the prior year of the County's fiscal year budget. Value will be arrived at using the per unit values for each facility type available in the County, as set forth in the Annual Update and Inventory Report (AUIR), applying the values to the number of each facility type, adding up all values and dividing the total by the County population. 2. Where recreation facilities provided by other governmental bodies or the private sector are available through arrangement with the County to the public on a convenient basis, they shall be considered in measuring in- place facility value. " In as much as the "Dade - Collier Cypress Recreation Area District" would be open to public use, it may augment existing recreational lands and facilities owned by Collier County and help support the County's efforts to meet its adopted LOSS for regional park land, irrespective of the approximate 50 -mile drive from the Collier County Urban Designated Area. However, the application indicates that the facility will be closed during peak wet season and peak dry season in conformance with an adaptive comprehensive management plan to be approved at the time of rezone. IF the subject site 14 .Made- Collier Cypress Recreation Area District Agenda Item would count toward attaining the LOSS for regional park land during these limited times of the year, this project may be found consistent and supportive of Policy 1.1.1 of the ROSE. Consistency with Policy 1.1.4 of the ROSE of the GMP Policy 1. 1.4 of the ROSE is shown in its entirety in italics below. "Policy 1.1.4. "Acquire suitable lands for new park sites in areas where major population growth is expected. " Although Collier County is not acquiring a park site as part of this project, Collier County Resolution 2009 -144 (Appendix V.D.5b.14 of this application) states that Collier County "supports" the establishment of the "Dade- Collier Cypress Recreation Area Recreation District ". With respect to Policy 1.1.4 of the ROSE of the GMP, this site was acquired by Miami -Dade County in the early 1960s for airport purposes. Its location is not in an area where major population growth is expected, due to the development limitations inherent in the surrounding Federal and State land ownerships and the limitations on development placed by the Conservation Designation. To the extent that Policy 1. 1.4 applies to this project, this project may be found inconsistent with Policy 1.1.4 of the ROSE. Consistency with Policy 1.4.2 of the ROSE of the GMP An excerpt of Policy 1.4.2 of the ROSE is shown in italics below. "Policy 1.4.2 "Continue to develop and implement a formal program for coordinating County programs with other government agencies. Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within, or adjacent to, Collier County. Said governmental entities shall include, but not necessarily be limited to: U.S. Department of Commerce, The National Oceanic and Atmospheric Administration U.S. Department of the Interior, The National Park Service The Florida Department of Environmental Protection, Division of Recreation and Parks Florida Department of Agriculture and Consumer Services, Division of Forestry Lee County, Florida Hendry County, Florida Broward County, Florida Dade County, Florida To the extent that this application involves coordination between Miami -Dade County and Collier County in the development of the recreational activities and facilities envisioned in the proposed "Dade- Collier Cypress Recreation Area District", it may be found consistent with and supportive of Policy 1.4.2 of the ROSE. 15 - `ade- Collier Cypress Recreation Area District Agenda Item Consistency with Policy 1.8 of the Economic Element of the GMP Policy 1.8 of the Economic Element is shown in its entirety in italics below. "Policy 1.8: Collier County will encourage the preservation of sensitive natural resources, including beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other unique natural resources. " The establishment of the proposed 1,608 -acre "Dade - Collier Cypress Recreation Area District" would result in the introduction of a significant increase in annual visitors and OHV enthusiasts into this area. This is in contrast to the existing limited number of unauthorized trespassers who currently occasionally use this area for OHV use and other uses. The projected environmental impact is detailed in the "Environmental Impacts" section of this report which follows. Accordingly, the development of this environmentally sensitive site as a formal OHV park may be found inconsistent with Policy 1.8 of the Economic Element of the GMP due to the negative environmental impacts. Consistency with Objective 7 of the Future Land Use Element of the GMP Objective 7 of the Future Land Use Element of the GMP is shown in its entirety in italics below. "OBJECTIVE 7 In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. " **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The intent of Objective 7 is ensure "smart growth" during the development and redevelopment of specific urban portions of Collier County. No Policies exist under Objective 7 relating to the development of the proposed 1,608 -acre Dade - Collier Cypress Recreation Area. However, within the "Natural Lands" section of the Dover, Kohl & Partners publication, the following is stated in reference to the Big Cypress National Preserve and other publicly owned preserves which, in their entirety, comprise approximately 66% of the area of Collier County: "The parks and wildlife refuges were designated to restore the Everglades ecosystem, protect water quality and aquifer recharge, and protect listed species, such as the Florida panther (Fells concolor coryi), Florida black bear (Ursus americanus floridanus), and other species, which utilize this region for their migrations and home ranges. " Because the development of the proposed Dade - Collier Cypress Recreation Area will cause a substantial increase in the number of on -road and off -road motor vehicles within this relatively small environmentally sensitive area, Staff concludes that such proposed usage is not consistent with the conservation purposes of the publicly owned preserves located in Collier County. 16 ,ade- Collier Cypress Recreation Area District Agenda Item Consistency with Level of Services Standards (LOSS) contained in the Annual Update and Inventory Report The proposed project will not be able to comply with and meet certain LOSS standards, as contained in the Annual Update and Inventory Report (AUIR) related to public safety in the use of this site as an OHV facility specifically, as described specifically as follows: a. Emergency Management Services (EMS) (Appendix V.E.3). This project is located approximately 50 miles from the closest EMS Station 61, located at 201 Buckner Avenue in Everglades City. Due to the increased potential for serious injury involving the use of OHVs and other active recreational activities proposed on this site, excellent EMS is crucial to the safe operation of this site as an active recreational facility. The EMS LOSS specified in the 2008 AUIR is 12 minutes of travel time for rural areas 90% of the time, requiring 1 unit per 16,400 people. The travel time to the project site would be approximately 50 minutes by vehicle and a lesser amount if a helicopter is used and would far exceed the adopted EMS LOSS and is inconsistent with the AUIR. However, the applicant verified the availability of a helipad at the adjoining TNT Airport Facility for the landing of emergency medical responders to the site when needed. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginal, and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services are available from the project site to summon EMS for emergency services in a potential life - saving timely manner. b. Fire Protection. (Appendix V.E.3) This project is located within the Ochopee Fire District Boundary and approximately 50 miles from the Ochopee Fire Station No. 60, located at 201 Buckner Avenue in Everglades City. The Ochopee Fire Department LOSS specified in the 2008 AUIR is 4 minutes per 1.5 mile radius from the fire station. The travel time to the project site would be approximately 50 minutes and would far exceed the Fire Protection LOSS and is inconsistent with the AUIR. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginal, and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services are available from the project site to summon fire protection services in a potential life - saving timely manner. c. Law Enforcement. (Appendix V.E.3) This project site is located within the Collier County Sheriff's Office District 7 service area (Everglades) approximately 43 miles from its 32020 East Tamiami Trail location, which is east of Ochopee and near the intersection of East Tamiami Trail with SR -29. The LOSS standard for Law Enforcement in the AUIR is based upon 1.96 officers/1,000 population and not based upon response time. The applicant verified that wired and internet service capabilities exist at the adjoining TNT Airport Facility, but also acknowledges that cell phone reception is marginal, and is mainly dependent on the reception availability of each network. Due to the proposed concentration of OHV usage on this site, the applicant should verify that suitable wireless services 17 `` :de- Collier Cypress Recreation Area District Agenda Item are available from the project site to summon law enforcement services in a potential life - saving timely manner. Environmental Impacts: Staff requested a detailed desktop analysis of non -tidal ACSC lands within the Conservation designation as shown on the Future Land Use map as a comparison for why this site is the most feasible for the proposed use and how this site is different from other Conservation designated in order to clearly show that the proposed use is appropriate. The applicant has declined to provide staff with this data and analysis. The environmental report prepared by Miller Legg and submitted with this petition, dated July 2009, indicates the following: The project site includes mixed wetlands hardwood; dwarf cypress; cypress; cypress /mixed hardwoods; wetland scrub; freshwater marsh, disturbed; exposed rock with marsh grasses; borrow areas; and fill areas. Besides the borrow pits and fill areas, which account for approximately 7 percent of the site, the entire site is wetlands. The summary table of listed species known to inhabit the site, or similar habitats as found on site, indicates that there are thirteen potential state and federal listed animal species and eight potential protected plant species that could be found on or utilizing the site. The site lies within primary panther habitat and the far most western portion lies within primary bear habitat with the remainder of the site lying in secondary bear habitat. A detailed listed species survey will be required at the time of the rezone. The project site shows disturbance in the form of numerous unpermitted OHV trails which cross the property in all directions and also unpermitted camp sites. No information has been submitted as to the frequency of their use. Appendix V.D.5b indicates that approximately 27 miles of hiking/bicycling /wildlife trails and 22 miles of OHV trails exist on the subject site. The applicant proposes to keep or create 10 miles hiking/bicycling/wildlife trails and 15 miles of OHV trails. The 15 miles of proposed "hardened" OHV trails would be 5'— 12' in width with the remaining 7 miles of existing OHV trails to be restored to their natural condition. Some of the proposed trails may be realigned to restore natural sheet flow to the area. However, the drainage plan indicates the perimeter of the property would be graded, potentially limiting sheet flow across the site from surrounding areas. This plan also indicates the existing borrow pits may be used for storm water management, which would require underground piping and dry retention for pretreatment resulting in further wetland impacts. The stormwater management system will be finalized before the final development plans are approved. A hydrologist with Big Cypress National Park has indicated the site is flooded most of the year. Approximately the western third and the north half of the site, which is 18 ,.Fade- Collier Cypress Recreation Area District Agenda Item predominately dwarf cypress, is flooded from June through January and the rest of the site is flooded from June through March. The Florida Fish and Wildlife Commission (FWC) maintains a Wildlife Management Area on and surrounding the site and has submitted preliminary informal comments that have been attached to this staff report (see Attachment 1). The petitioner has not submitted adequate data to support the proposed uses. Therefore the Engineering and Environmental Services Department staff cannot support the petition and recommends that this application not be transmitted to the Department of Community Affairs. IF the petition is forwarded with a recommendation to transmit, the Engineering and Environmental Services Department staff recommends changes to the originally proposed language in the application as shown in Attachment 3. Historical and Archaelogical Impacts: The Collier County Historic and/or Archeological Sites Probability file indicates no historical/archeological sites on the subject property (Appendix V.C.3a). Further, the Florida Master Site File lists no previously recorded cultural resources on the subject site (Appendix V.C.3b). However, one previously recorded site lies in the west portion of Section 16 which is outside the subject property. Further, several identified archaeological sites lie outside of and generally south of the subject property. Traffic Capacity /Traffic Circulation Analysis and Impacts: Transportation Element: Transportation Planning Department staff has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). US -41 ( Tamiami Trail East) pacts: The first concurrency link that is impacted by this project is Link 97, Tamiami Trail East, between SR -29 and the Dade - Collier County line. The project generates 11 PM peak hour, peak direction trips on this link, which represents a 1.26% (insignificant) impact on this roadway. This segment of Tamiami Trail East currently has a remaining capacity of 631 trips, and is currently shown at LOS "B" in the 2008 AUIR. No subsequent links of Tamiami Trail East are significantly impacted; as such, the 2 %- 2%-3% analysis was terminated at the first concurrency segment. Please note that peak event operational traffic has not been analyzed for this project, rather only a capacity - related review was performed as part of the required Transportation Element Policy 5.1 review. The peak event traffic will be necessary to review at the time of initial SDP approval for operational requirements, such as turn lanes 19 le- Collier Cypress Recreation Area District Agenda Item at the project entrance. Staff recommends that an SDP, SIP, or other appropriate submittal type be made a stipulation of Staff s recommendation of approval for this GMP Amendment. Public Facilities Impacts. Regarding communications capabilities to the subject project site, the airport has an FAA - certified telecommunications, data, electronics, and navigation system on site. Wired telephone and internet services have been verified as existing in the airport's control room. Accordingly, wired communications to the project site are feasible. However, in a letter dated July 8, 2009 from Milian, Swain &Associates, Inc. to the Comprehensive Planning Department staff, it was stated that, "It is true that cell phone reception is marginal, and is mainly dependent on the reception availability of each network." Accordingly, any emergency responses to events within the 1,608 -acre project site would be severely hampered IF cell phone service is limited or non - existent. The applicant prepared public facility impact analyses as part of this petition. Below is a summary of these analyses along with staff comments. Potable Water. (Appendix V.E.Ia). The subject site is located approximately 43 miles east of the existing and future area serviced by Collier County Public Utilities Division; will not be served by the Collier County Public Utilities Division; will not impact the capacity of the existing public water distribution/transmission and treatment system; and, thus, is exempt from the LOSS of the Capital Improvements Element of the GMP. The applicant indicates that potable water and site fire protection for the development may consist of on -site well(s) with approved purification system(s) designed, permitted, constructed, monitored and maintained in conformance with county /state health department standards, the National Fire Protection Association and South Florida Water Management District Water Use Permit(s). This project will have no impact on the Collier County Public Utilities Division. Sanitary Sewer. (Appendix V.E.lb). The subject site is located approximately 43 miles east of the existing and future area serviced by Collier County Public Utilities Division; will not be served by the Collier County Public Utilities Division; will not impact the capacity of the existing public/transmission/pumping and treatment system; and, thus, is exempt from the LOSS requirements of the Capital Improvements Element of the GMP. The applicant indicates that the sanitary sewer system for the new development may consist of an on -site septic tank/drain field system(s) strategically located within the proposed development and designed per F.A.C. requirements, considering required setbacks from potable water wells and environmentally sensitive (wetlands) areas. This project will have no impact on the Collier County Public Utilities Division. Drainage. (Appendix V.E.Id). The subject property is in a semi - natural state which includes wetlands, cypress and hardwoods. However, five man-made quarry lakes were excavated in 1968 to provide fill for the construction of the airport and access road from U.S. Highway 41. The project is located in the Collier County — Gator Hook Strand Basin and within the Big Cypress Watershed Basin. The drainage Level 20 Dade- Collier Cypress Recreation Area District Agenda Item of Service for the project must comply with the goals, objectives and policies of Chapter 6 of the Land Development Code and the GMP (Future Land Use, Public Facilities Element- Drainage Sub - element and the Conservation and Coastal Management Elements). Additionally, the project is located within the Big Cypress ACSC and, thus, subject to review by the Florida Department of Community Affairs. Further, as the project is greater than 40 acres in area and impacts existing wetlands with the Big Cypress Watershed Basis, the Big Cypress Basin Board and the South Florida Water Management District will have jurisdiction over review and approval of the design, permitting and implementation of drainage/storm water management systems at this site. This project will require documentation of compliance with all applicable laws and regulations at the time of any rezone and/or site development plan review. • Solid Waste. (Appendix V.E.le). This project is projected to generate approximately 184 pounds of solid waste/day or 36 tons per year and is located well outside of the Collier County Solid Waste Management Department waste collection area. The applicant anticipates that collection and disposal of solid waste and recyclables generated from proposed development activities will be conducted by a private solid waste hauler under contract with the property owner with the closest solid waste recycling facility to the project site located at the Carnestown Recycling Center in Everglades City. The applicant indicates that Center does not have the capacity to service the project site and that the Collier County Landfill and the Immokalee Transfer Station were identified for alternative solid waste disposal sites. This project will require documentation of compliance with all applicable laws and regulations at the time of any re -zone and/or site development plan review. • Parks. A June 2, 2009, letter from the Collier County Parks and Recreation Department to the Miami -Dade County Parks and Recreation Department (see Appendix V.D.5b.2) indicates that Collier County has been actively searching for suitable park land to offer recreation and OHV activities, including the 640 -acre South Florida Water Management District site at Lake Trafford, and references the Collier County Board of County Commissioners' (BCC) Resolution No 2009 -144 (Appendix V.D.5b.14) which supports the development of the subject project on the 1,608 -acre site owned by Miami -Dade County. According to the Collier County Parks and Recreation Department, Collier County's current role with Miami -Dade County will be limited to support of this GMPA as outlined in Resolution 2009 -144. A future Cooperative Agreement between Collier County and Miami -Dade County may be developed and may include, but not be limited to, the encouragement and support of the usage of the Dade - Collier Cypress Recreation Area by Collier County residents as well as other cooperative commitments as approved by the BCC. FINDINGS AND CONCLUSIONS: The subject 1,608 -acre project site is part under public ownership and earmarked purposes. The following are findings and analyses of this GMPA request: of the approximate 66% of Collier County for public conservation and preservation conclusions as a result of the reviews and 21 �.e- Collier Cypress Recreation Area District Agenda Iterr 1. Impact on environmentally sensitive area. This proposed project is located within the Conservation Designation, the Big Cypress Area of Critical State Concern, and the Big Cypress National Preserve. The U.S. Fish and Wildlife Service's FWS National Wetlands Inventory classifies this site as "Freshwater Forested/Shrub Wetlands". A hydrologist with Big Cypress National Park has indicated the site is flooded most of the year. The applicant's FLUCCS data indicates 93% of the site is wetland habitat. This project will cause negative environmental impacts upon this site and surrounding areas due to substantial increases in visitors, RVs, OHVs and other motorized vehicles associated with the organized expansion and use of this site for both passive and active (OHVs) recreational pursuits. 2. Impacts of other alternative sites for OHV usage. This application does not address other competing alternative sites for OHV usage, both existing and planned. Thus, this application has failed to show a compelling need to introduce OHVs and related RV and motorized passenger traffic into the subject environmentally sensitive site. The following OHV facilities are located in less environmentally sensitive areas: the existing privately owned and operated Redneck Yacht Club in Punta Gorda in Charlotte County; the proposed Lake Trafford de- mucking site in Collier County; and the NPS -proposed 140 miles of OHV trails within the "addition lands" of the BCNP off I -75 and SR 29 in addition to the existing 400 miles of OHV trails located in the original BCNP. Additionally, in Miami -Dade County, the Lands East of Homestead Speedway and the FRS Holdings sites were identified in the Park and Recreation Department Off - Highway Vehicle Trails Feasibility Study for Miami -Dade County', August, 2007 (Study) as potential OHV sites. These sites, along with the 1,608 -acre subject site in Collier County, were referred to in this Study as follows: "The other sites [other than the subject 1,608 -acre site] offer potential opportunities for permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami -Dade County, share many physical characteristics with the preceding [the subject site] while having fewer environmental constraints, but are less suitable overall because of their ownership composition. " Further, the subject site is the most environmentally sensitive site of the top contending sites analyzed within this Study. There is insufficient evidence presented in this GMPA application documenting that the proposed project will "safeguard the integrity of Florida's natural resources" which is the stated intent of the T. Mark Schmidt Off - Highway Vehicle Safety and Recreation Act. 3. Inconsistency with the existing Conservation Designation prohibition of recreational uses involving motorized vehicles. The LDC defines "passive recreation" as recreational uses not involving the use of motorized vehicles. This project would introduce a yet- to -be- determined additional number of OHVs into this proposed 1,608 -acre park. Accordingly, the proposed OHV usage may be found inconsistent with the existing Conservation Designation. 22 -jade- Collier Cypress Recreation Area District -- Agenda Item 4. House Bill 697. This application does not quantify and address greenhouse gas emissions (required by HB 697) which would occur as a result of this project. 5. Inconsistency with Policy 1.1.4 of the ROSE of the GMP. This project could be found inconsistent with this Policy in that this remote site is located in an area where major population growth is neither expected nor permitted. 6. Inconsistency with Policy 1.8 of the Economic Element of the GMP. This project may be found inconsistent with this Policy in that this project will have a negative impact on the environment. 7. Inconsistency with Dover Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida. This proposed GMPA and resulting 1,608 -acre project is in conflict with the following passage of this publication in which reference is made to the approximate 66% of Collier County set aside for conservation and preservation purposes through public ownership or permanent land use limitations: "The parks and wildlife refuges were designated to restore the Everglades ecosystem, protect water quality and aquifer recharge, and protect listed species, such as the Florida panther (Felis concolor coryi), Florida black bear (Ursus americanus floridanus), and other species, which utilize this region for their migrations and home ranges. " The introduction of large numbers of motorized vehicles, both OHVs and highway permitted vehicles (i.e. RVs, automobiles, and small trucks), and related park users are indicators that this project would not carry out the conservation and preservation purposes as stated above. Inconsistency with established emergency response times levels of service. Documentation within this GMPA application and staff analysis clearly establishes that emergency response times of 30 minutes or more to the subject site by Collier emergency responders could be expected. This response time substantially exceeds the Level of Service for these emergency services. Response times could be further lengthened due to documented marginal cell phone service, resulting in further possible delays in initial contacts with emergency responders. 9. Future similar GMPA applications. A substantial demand for OHV usage in all of South Florida is established within the application documents. The approval of this GMPA request could lead to requests for future similar GMPAs on other private and publicly owned environmentally sensitive lands within Conservation Designation. The approval of this GMPA and other possible similar future GMPAs could, collectively, diminish the intent and purpose of the Conservation Designation in Collier County. 23 r Collier Cypress Recreation Area District _ ___ _ _ - Agenda Item NEIGHBORHOOD INFORMATION MEETING (NM NOTES: The NIM, as required by LDC Section 10.03.05, was conducted on August 3, 2009 at the Oasis Visitors' Center — Big Cypress National Preserve located north of Mile Marker 55 on U.S. Highway 41/Tamiami Trail after the agent/applicant duly noticed and advertised the meeting. A total of 13 people attended this NIM and the following is a synopsis of this NIM: [Synopsis prepared by Thomas Greenwood, AICP, Principal Planner] • Remarks concerns. and questions vetted: 1. The question of being able to access adequate medical attention was responded to by stating that the availability of cell phones, 800 mhz radios and medical kits on- site will allow timely access to medical attention. It was stated that the Ochopee fire station response time to the subject site is approximately 30 minutes. • Major issues /contentions: none • Positive comments /approvals: 1. The location of this park and its remoteness from emergency services is superior to being in the middle of the Big Cypress National Preserve. 2. A person stated that he is not an "OHV guy" but supports the other proposed uses of the site. • Agent/applicant/developer statements of commitment: 1. OHVs will be limited to ATVs and motocross. Swamp buggies will not be allowed. 2. The park will be closed during dry and wet seasons. 3. Approximately one half of the existing OHV trails will be removed and the remaining trails will be hardened for use for OHVs, hikers, and bicyclists and only about 1/10 of I% of the 1,608 -acre site will be devoted to trails. 4. Collier County and Miami -Dade County have each approved resolutions indicating an interest in developing this site as a park for OHV use in order to reduce the amount of OHV trespassing, loss of life, wildfires and damage to natural and agricultural areas and as a functional replacement for the 2005 closure of the Picayune Strand which was previously used by OHV riders. 5. Users of the OHV trails will need to show proof of OHV registration with the State of Florida and pay a fee. 6. The old trails, not proposed for use, will be removed before the OHV trails are open for public use. Conclusion time of NIM: Approximately 7:55 P.M. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard and vetted this application on September 2, 2009 for approximately two hours. Entered into the record were emails and letters shown as Attachment 2, which express opposition and cautionary concerns relative to this application for a GMPA. A series of letters and memos in support of the application and project were entered into the EAC record and are included within Exhibit V.D.5b.15 of the application. Wayne 24 tee- Collier Cypress Recreation Area District Agenda Item Jenkins was the only public speaker, and introduced himself as the President of the Collier County Sportsman and Conservation Club and a member of the BCNP advisory committee for OHVs. Mr. Jenkins spoke personally in support of this GMPA, stating that there is an increasing need for OHV facilities; that there are very few places set aside for legal use of OHVs; that the BCNP limits OHV permits to 2,000 per year; that there is a need for a managed facility; and that the subject site has already been disturbed and that OHV use has occurred there since the 1950's. By a 3 -2 vote, the EAC recommended to the Planning Commission and the Board of County Commissioners to transmit this GMPA application to the DCA with some modification to the proposed FLUE text language, as shown in Attachment 3. EAC members voting with the majority cited the following in support of their positions: • There is a need for additional legally operated OHV facilities in Collier County and there is currently no publicly owned site within the County. • The operation of the subject site as an OHV facility would likely reduce the illegal use of OHVs on other properties, including environmentally sensitive lands and farmlands. • The Lake Trafford property and Pepper Ranch properties in Collier County are not likely locations for OHV usage. • The benefits provided by OHV usage on the subject site outweigh the negative impacts. • If OHV use on the subject site has been done illegally over the past 50 years, the approval of this GMPA would make the use legal and allow for a managed site for OHV usage. EAC members voting in opposition to the majority cited the following in support of their positions: • The site is located in the ACSC and has a Conservation Designation on the FLUM and intended to be preserved in its present natural state. • The intent of the Conservation Designation is to limit recreational uses to passive recreational activities. Motorized vehicles for recreational uses are strictly prohibited. • Ninety -three percent (93 %) of the site has been designated wetlands. The dry and wet seasons prohibition of use of the site (according to the applicant) would likely result in the site being closed more than half the year. • Data and analysis provided was insufficient to show the impact on endangered and threatened species and green house gases. Data and analysis to show how this site is different from nearby non -tidal ACSC lands within the Conservation Designation on the FLUM was not provided (as requested by staff). • The applicant failed to address emissions generated by long drives from the Florida East Coast to access the site. • The application and the resulting project would not safeguard natural resources. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the County Attorney. M sue- Collier Cypress Recreation Area District Agenda Item - STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition No. CP- 2009 -1 to the Board of County Commissioners with a recommendation not to Transmit this application to the Florida Department of Community Affairs. IF the CCPC chooses to recommend transmittal, staff recommends the following revisions to the applicant's proposed District text language (for proper code language, format, clarity, etc.): Note: Single underline text is new text proposed by the applicant; double underline text is staff - proposed additional text and double is staff - proposed deleted text. IV. CONSERVATION DESIGNATION [FLUE page 86] ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** [3`d paragraph] Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non - residential uses. The following uses are authorized in this Designation: A but may not bg permitted in all Districts.. and may be subject to specific criteria conditions and development standards than those listed below, ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** A. Dade - Collier Cypress Recreation Area District [FLUE page 87] The Dade Collier Cypress Recreation Area District encompasses approximately 1,608 acres of land located within Sections 13 14 15 and 16 of Township 53 South, Range 34 East adjoining the Miami-Dade/Collier County line north of U.S. Highway 41 and south of the runway of the Dade Collier Training and Transition Airport and within the Big Cypress Area of Critical State Concern (ACSC) All lands within this District are entirely owned by Miami -Dade Count and ineludes ' e wetlands cypress and hardwood forests and five man-made lakes. The primary purpose of this District is to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the county and the region. The uses allowed within this District with limitations specific to this Distri ct rovi there is a prohibition from operation during the peak wet season and the peak dry season in conformance with an approve adaptive comprehensive management plan as set torte herein to be approved at the time of rezone, are as follows: a. Visitors' center building — for administrative offices orientation area, meeting room and restrooms - not to exceed 2,400 square feet; M c e- Collier Cypress Recreation Area District Agenda Item b. Parking lot -.not o exceed f SO passenger vehicles and associated trailers: c. Primitive Camping - not to exceed 10 acres: d. Recreational vehicle camping - not to exceed 10 acres: e. Fishing piers and docks - f. Multi -use trails for pedestrians and bicycles =, wildlife viewing platforms and overlooks — not to exceed 45 acres and 10 miles of trails g. Archery_range — not to exceed 10 acresl: h. Off highway vehicles (OHV) — not to exceed 15 acres and 15 miles of trail length s anctlimited to use on improved trails: and i. Other uses as allowed in the Conservation Designation. Development within this District, except for trails, ff** shall be concentrated oo withi already disturbed areas *loge N ifilin the western portions of the site primarily in Section 16. All development shall comply with the Area of Critical State Concern Overlay standards, except for section 1. Site Alteration, standard d, which prohibits destruction or alternation of mangrove trees salt march grasses and all wetland plants listed by the Florida Department of Environmental Regulation_ in Chapter 17 -301, Florida Administrative Code as amended The drainage and storm water management systems for this District shall be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory requirements. Site development ffw shall restorelrealign existing trails previously created by swamp buggies that traverse the site primarily in an east/west direction Lake edges shall be improved with a shallow littoral zone where determined appropriate. At the time of rezoning, an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public land. These specifications shall address vehicle and tire size, noise control, prohibition of certain OHV types (e.g. tracked vehicles) prohibition of devices affixed to tires (e.g. tire chains). OHVs for this site shall be limited to ATVs and motocross vehicles. Swamp buggies are prohibited. 2. An OHV inspection program and vehicle registration program. 3. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses — campsites, parking areas archery range, OHV trails and trail access points, pedestrian and bicycle trails etc. 5. Development intensity limitations — maximum number of RV and primitive camping sites, cap on number of OHV users daily etc. 6. Monitoring_ provisions to ensure OHV compliance. 7. Enforcement program for compliance with all site/park restrictions and limitations. 27 Collier Cypress Recreation Area District — - — - — ` Agenda Itenf s 8. Specification of periods of operation especially for OHVs — daily hours of operation periods of closure (e high water, fire threat, hurricane threat), seasonal restrictions or closure. 9. Monitoring for detrimental impacts upon listed species. 10. Restoration plan for presently disturbed portions of the site not to be utilized (e jz most of the existing OHV trails) and creation of littoral zones for all lakes 11. Demonstration of compliance with the ACSC limitations (e.g. maximum site alteration of 10%) except for Section I. d., as provided above. pavia6a) to mooted bwo \PREPARED BY: c DATE: THOMAS GREENWOOD, AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: Gf DATE: DAVID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT `I- zq_o9 T RE D Y: DATE: -Z �- 0 RANDY C N, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: DATE: K. SCHMITT, ADMINISTRATOR NITY DEVELOPMENT AND NMENTAL SERVICES DIVISION 28 °ode- Collier Cypress Recreation Area District Agenda Item PETITION NO. CP- 2009 -01 Staff Report for the October 19, 2009, CCPC Meeting. NOTE: This petition has been scheduled for the January 19, 2010, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN 29 ode- Collier Cypress Recreation Area District — - Agenda Item - - ATTACHMENT 1 mail rom adBaictareag or da sh �. i text ssi9 Please note that FFWCC is a partner with property owner and Jetport Conservation and Recreation Club, and we support both historical and future appropriate recreation and conservation of the Jetport area. Please note that at this time we are interested in what is proposed, and can provide specific comment(s) when more information becomes available. In the interim, some potential issues fish, wildlife and recreation might include: PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL COMMENTS • Traditionally, hunting within the proposed recreation area was limited and occurred mainly north of the airport, but impacts to recreational hunting and wildlife habitat might occur from increased disturbance (i.e. vehicle/human activity) in the project area. In particular, deer and snipe hunting, as well as wading bird, black bear and panther foraging. • Soils in the Jetport area are very shallow /sensitive to disturbance, and the stability of proposed trail system is of concern due to potential for increased erosion and loss of wildlife habitat. • Our office partners with the Jetport Conservation and Recreation Club on a number of natural resource management projects such as exotic plant control, and there is concern that increased activity in the area might increase the spread of exotic plants and animals in the area. • The Jetport area is a remote location with numerous existing trails north of the proposed recreation area without gates or fences restricting access, and there is concern that people will not stay within designated areas. • Big Cypress Preserve issue permits to use off -road vehicles within the area, and there is concern that people will enter BCP without appropriate authorization. Please keep our office in mind during further outreach and consultation. Thanks, Tad Bartareau, Fisheries and Wildlife Biologist II Florida Fish and Wildlife Conservation Commission 566 Commercial Blvd. Naples, FL 34104 -1709 Phone: (239) 643 -4220 Cell: (239) 253 -5752 Fax: (239) 643 -0385 Tad.Bartareauaa MyFWC.com 30 i -de- Collier Cypress Recreation Area District Agenda Item ATTACHMENT 2 -IN COLLIER COUNTY FLORIDA- • ENVIRONMENTAL ADVISORY COUNCIL MEETING: SEPTEMBER 2, 2009 • COLLIER COUNTY PLANNING COMMISSION TRANSMITTAL HEARING: OCTOBER 19, 2009 • COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTAL HEARING: JANUARY 19 /FEBRUARY 2, 2010 JULY 30, 2009 EMAIL FROM TED BARTAUREAU TO LAUR ROYS OF THE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT From: Bartareau, Tad [ mailto:tad.bartareau @MyFWC.com] Sent: Thursday, July 30, 2009 1:02 PM To: RoysLaura Cc: GreenwoodThomas Subject: RE: Dade - Collier Cypress Recreation Area District Hi Laura, The Big Cypress Wildlife Management Area is outside the fenced airport area, and includes all of the proposed recreation district. The attached regulations for current hunt season illustrate the WMA management units and outline hunting and recreation regulations. Please note that FFWCC is a partner with property owner and Jetport Conservation and Recreation Club, and we support both historical and future appropriate recreation and conservation of the Jetport area. Please note that at this time we are interested in what is proposed, and can provide specific comment(s) when more information becomes available. In the interim, some potential issues fish, wildlife and recreation might include: PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL COMMENTS • Traditionally, hunting within the proposed recreation area was limited and occurred mainly north of the airport, but impacts to recreational hunting and wildlife habitat might occur from increased disturbance (i.e. vehicle /human activity) in the project area. In particular, deer and snipe hunting, as well as wading bird, black bear and panther foraging. • Soils in the Jetport area are very shallow /sensitive to disturbance, and the stability of proposed trail system is of concern due to potential for increased erosion and loss of wildlife habitat. • Our office partner with the Jetport Conservation and Recreation Club on a number of natural resource management projects such as exotic plant control, and there is concern that increased activity in the area might increase the spread of exotic plants and animals in the area. • The Jetport area is a remote location with numerous existing trails north of the proposed recreation area without gates or fences restricting access, and there is concern that people will not stay within designated areas. • Big Cypress Preserve issue permits to use off -road vehicles within the area, and there is concern that people will enter BCP without appropriate authorization. 31 ode- Collier Cypress Recreation Area District Agenda Iterr. Attachment 2, page 2 Please keep our office in mind during further outreach and consultation. Thanks, TB August 13, 2009 EMAIL FROM BRAD CORNELL TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT From: Brad Cornell [ mailto :millercornell @mindspring.com] Sent: Thursday, August 13, 2009 1:11 PM To: GreenwoodThomas Subject: GMPA CP- 2009 -01 Dade - Collier Cypress Recreation Area Hi Tom, I wonder if you could share with me the details of this GMPA and any staff report drafts that have been prepared for committee reviews. I have serious concerns about the compatibility of this proposed land use with the surrounding conservation lands. Thanks, Brad August 20, 2009 EMAIL FROM JULIE HUNAN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT I am vehemently opposed to the creation of a recreation area in panther habitat. We, as humans, have ENOUGH areas to recreate. Contrast this fact to the complete lack of habitat the panthers have currently. It is unthinkable to take away even more from the panthers. This would be completely immoral. Sincerely, Julie Hanan Lutz, FL ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** August 20, 2009 EMAIL FROM CAROLE BASKIN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT From: Carole Baskin [ mailto :savethebigcats @gmail.com] Sent: Thursday, August 20, 2009 1:23 PM To: GreenwoodThomas Subject: No motorized vehicles Dear Thomas Greenwood, Big Cat Rescue represents more than 70,000 animal loving supporters and we oppose ANY further development within Florida Panther habitat. We strongly oppose the use of motorized vehicles in our parks as well. Such use destroys not only the habitat for the animals who call our wild areas home, but also destroys the enjoyment of visitors who have come to experience nature. For the cats, 32 ..je- Collier Cypress Recreation Area District Agenda Item Attachment 2, page 3 Carole Baskin, CEO of Big Cat Rescue an Educational Sanctuary home to more than 100 big cats 12802 Easy Street Tampa, FL 33625 813.493.4564 fax 885.4457 August 20, 2009 EMAIL FROM CHRISTI PORCH TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Hello Mr. Greenwood I am contacting you to implore you to reconsider creating yet another recreation area within Big Cypress National Preserve. Too many of our endangered Florida panthers live in this area. These animals do not have enough land as it is and what land is there is keeps being encroached on by human development. I have lived in Florida all my life j45 years) and it is really disgusting how the state has been continually decimated with development and urban sprawl. People do not have a right to destroy all of the state's natural areas. Motorized vehicles traipsing thought the woods in sensitive areas like the Big Cypress National Preserve where these animals live does not help preserve the species. It is a disgrace. Please do not destroy more land to build another recreation area in the "Jetport" region of Big Cypress National Preserve. Have a heart for the panthers that still remain. Don't they deserve a place to live too? They were here first. Christi R. Porch Director of Sales Hampton Inn & Suites Tampa North Ph (813) 903 -6007 Fx (813) 977 -3343 www.tampanorthsuites.hamptoninn.com ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** AUGUST 20, 2009 EMAIL FROM ALYCE MCCATHRAN TO TOM GREENWOOD IN COMPREHENSIVE PLANNING DEPARTMENT Dear Sir: As a permanent Florida resident, I am writing to voice my concerns over destroying more of our wildlife's habitat for unnecessary use by humans. We have enough recreational areas, etc., which cost money to build and then to maintain. With every area of our State and local governments crying poor - mouth and cutting budgets, why would we plan to spend money on such a frivolity? The Florida panther is already close to being an endangered specie, and the Everglades are even becoming endangered. I would urge you to not approve this plan. Thank you for your consideration. Alyce McCathran 33 wll 'e- Collier Cypress Recreation Area District Agenda Item' Attachment 2, page 4 6513 Bimini Court Apollo Beach, Fl. 33572 (813) 645 -5141 AUGUST 20, 2009 EMAIL FROM M. LUBEL TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Thanks for your incisive analysis and comment on this ill- advised application. While I will not be able to appear for comment at the September 2nd meeting, I would like to provide my thoughts for decision makers. Is there a way to do that by e-mail, phone or in writing? I will also be contacting Miami -Dade County Parks to voice my concerns. AUGUST 20, 2009 EMAIL FROM JAMAKA N. PETZAK TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Dear Mr. Greenwood: As a lifelong advocate for felidae of all species, I wish to add my voice to those opposing any and all development within the habitat of the last remaining populations of extremely rare and endangered Florida Panthers. There is simply no valid reason why development should take place within this environment. Extinction is forever. The last numbers of these magnificent cats stand on the brink, and are being lost to human encroachment as i write. Development simply cannot take precedence over these beautiful and unique felines. sincerely, jamaka N Petzak imuhiacatC@att.net ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** AUGUST 20, 2009 EMAIL FROM PAMELA RODRIGUEZ TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Dear Sir, What will humans think of next!! Instead of encroaching on the habitat of the Florida Panther, shouldn't we be trying to protect it ? ?? Allowing motorized vehicles in the park is an awful idea. Please Sir, reconsider this destructive plan, instead spend the time, and money on educating the public on how we can protect our wildlife which is disappearing at an alarming rate. Yours truly, Pamela Rodriguez. AUGUST 21, 2009 EMAIL FROM MERRILL KRAMER TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Dear Mr. Greenwood: 34 lie- Collier Cypress Recreation Area District Agenda Item Attachment 2, page 5 I strongly oppose the creation of a recreation area in the "Jetport" region of Big Cypress National Preserve. The recreation area will authorize the use of motorized vehicles on designated trails and the construction of a visitor's center. This area is within panther habitat. As you know, the species is already horribly threatened by encroachment into their shrinking habitat. This will only encourage their extinction and degradation. Don't we as humans have enough areas to recreate while panthers don't even have enough land to live? Merrill Kramer — Clearwater, FL "Saving one animal may not change the world... But surely, for that one animal, Life will change forever..." Big Cat Rescue needs your help in feeding previously abused big cats who are now living their lives in a protective sanctuary! Help feed these cats every day with a simple click, at no cost to you. Click on bone or visit http://www.BiRCatRescue.orp,/Icare.htm today! FEE[ A IG CAT Moil Dear Mr. Greenwood, Please consider the opinions of those, who like myself, are opposed to ANY further development within the habitat of the critically endangered Florida Panther. This unique native animal is on the verge of extinction and holds the designation of "critically endangered ", with only about lee individuals remaining mostly in southern Florida. The most important factor to prevent extinction is the protection of sufficient habitat for the Panther to live undisturbed and make a living. Florida has not set aside protected habitat to date, therefore each individual decision such as the one you are currently considering are pivotal. Florida has numerous parks, recreational areas and opportunities which already are among the best in the country. The Florida Panther needs all available undisturbed habitat much more than we need another recreational area for human use. Please decline further development and the use of 35 wde- Collier Cypress Recreation Area District - - _- _- Agenda IteL_- cza Attachment 2, page 6 motorized vehicles in any of the remaining wild lands under your --- - - - - jurisdiction. Sincerely, Beth Kamhi, DC bethldc0earthlink.net 23110 State Rd 54 #146 Lutz, F1 33549 978- 985 -6595 August 21, 2009 EMAIL FROM DEBORAH ALBERT [debalbe@yahoo.com] TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** AUGUST 24, 2009 EMAIL FROM EMAIL ADDRESS: LUBELM@AOL.COM TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT I am writing to express my strong opposition to this misguided application and to urge that it be denied at the September 2nd meeting. The staff report to the EAC details 36 '+ode- Collier Cypress Recreation Area District Agenda Iterr. Attachment 2, page 7 numerous reasons for the denial of this application including the likelihood of negative impacts to water flow, endangered or threatened animal and plant species, solitude of the nature experience as well as general and environmental impact. These reasons alone should be sufficient for denial. I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an ORV permit issued by Big Cypress and use same in the Bear Island area. The creation of a visitor center along with an 80 car parking lot is unnecessary and duplicates the services offered at the Oasis Visitor Center a few miles to the west. The creation of OHV or ORV trails in this area will serve to degrade the nature experience presently available. In my years of experience hiking and biking in the Big Cypress, I can assure you that those activities are not compatible with ORV use unless one enjoys swallowing large quantities of road dust. The noise generated by these vehicles devalues the outdoor experience for those who enjoy the serenity of a walk unaffected by the same type of motorized noise one can hear while driving on US 41. This area is prime panther and bear habitat. The panther is a federally protected endangered species living in an Area of Critical State Concern. It is a conservation area and ORV or OHV usage is not compatible with the protection of this species. It should also be remembered that Big Cypress offers a huge amount of acreage available to the ORV user. The Preserve issues 2000 ORV permits a year and is presently considering making the Addition Lands available for an additional 700 permit users. The trails available in the Big Cypress are in close proximity to the jetport area and are already established. The good, if any exists in this proposal, is far exceeded by negative environmental impact it will cause. AUGUST 30, 2009 EMAIL FROM EMAIL ADDRESS: LUBELMQAOL.COM TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT I am writing to urge the Dade County Parks Department to withdraw its ill conceived plan for the "Dade - Collier Cypress Recreation Area District" pending for consideration in Collier County. This proposal is costly, environmentally harmful, and duplicates services and activities already available either on site or in close proximity to the project area. This proposal to build a visitors' center building, an 80 car parking lot, fishing piers and docks, an archery range as well as OHV trails in a conservation area of " critical state concern is simply unnecessary. The bulk of the proposal is window dressing to its primary purpose of providing OHV trails for riders who are presently trespassing on wetlands and agricultural areas in south Dade. This conclusion is referenced in both the petition and its attached materials. It is not my assertion. The conceived project is simply unnecessary. Miles and miles of existing OHV trails already exist in the Big Cypress National Preserve, a few miles west of the proposed site. 37 le- Collier Cypress Recreation Area District - Agenda Item Attachment 2, page 8 Additionally, the Preserve is anticipating the opening of additional OHV trails in its Addition Lands. OHV usage presently is not permitted at the proposed site. Fishing, hiking and biking are already permitted at the proposed site and additionally are activities widely available throughout the Big Cypress National Preserve. The proposed development site is within an environmentally sensitive area in Collier county. The area includes primary habitat for the Florida panther, a federally protected endangered species. It is also within primary and secondary habitat for the Florida black bear, also a protected species. OHV usage within this area will degrade the habitat and is inconsistent with the requirements of the Endangered Species Act. The petition offers no information with regard to the provision of law enforcement. Whose responsibility will this be? Has that entity agreed to carry this burden? There is no information with regard to the number of OHV permits that will be issued nor any study presented with regard to the environmental impact of the proposal. Trespassing, which already exists in south Dade, will likely continue and proliferate from the development site into the Big Cypress Preserve, What entity will provide law enforcement to limit these intrusions. Since fishing, hiking and biking already exist at he site, the only real rationale for this costly proposal is to create an outlet for Dade County OHV usage. This plan negatively impacts wetlands, the Florida panther and black bear as well as other threatened and endangered plant and animal species. Certainly we can find less environmentally sensitive lands to accommodate OHV trails and an archery range. Please pass these comments to all interested decision makers. AUGUST 24, 2009 EMAIL FROM KEN SHAPIRO TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Mr. Greenwood, I concur completely with the views expressed below. Moreover, I find it truly appalling that Government officials would even be seriously considering a plan that, like this one, calls for the destruction of at least 7 acres of wilderness wetlands. This is a very bad idea and should be rejected. Please do not let this plan go forward. Ken Shapiro - - - -- Original Message---- - From: lubelm(tr�,aol.com To: ThomassgreenwoodOcolliergov.net Sent: Mon, Aug 24, 2009 1:28 pm Subject: Petition No: CP- 2009 -01 Dade - Collier Cypress Recreation Area District I am writing to express my strong opposition to this misguided application and to urge that it be denied at the September 2nd meeting. The staff report to the EAC details 38 de- Collier Cypress Recreation Area District Agenda Item Attachment 2, page 9 numerous reasons for the denial of this application including the likelihood of negative impacts to water flow, endangered or threatened animal and plant species, solitude of the nature experience as well as general and environmental impact. These reasons alone should be sufficient for denial. I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an ORV permit issued by Big Cypress and use same in the Bear Island area. The creation of a visitor center along with an 80 car parking lot is unnecessary and duplicates the services offered at the Oasis Visitor Center a few miles to the west. The creation of OHV or ORV trails in this area will serve to degrade the nature experience presently available. In my years of experience hiking and biking in the Big Cypress, I can assure you that those activities are not compatible with ORV use unless one enjoys swallowing large quantities of road dust. The noise generated by these vehicles devalues the outdoor experience for those who enjoy the serenity of a walk unaffected by the same type of motorized noise one can hear while driving on US 41. This area is prime panther and bear habitat. The panther is a federally protected endangered species living in an Area of Critical State Concern. It is a conservation area and ORV or OHV usage is not compatible with the protection of this species. It should also be remembered that Big Cypress offers a huge amount of acreage available to the ORV user. The Preserve issues 2000 ORV permits a year and is presently considering making the Addition Lands available for an additional 700 permit users. The trails available in the Big Cypress are in close proximity to the jetport area and are already established. The good, if any exists in this proposal, is far exceeded by negative environmental impact it will cause. AUGUST 24, 2009 EMAIL FROM JAMES WOODWARD TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Mr. Greenwood: I understand you are soliciting comments regarding Dade County's request to develop a 2.5 square mile area north of US41 and south of the Dade - Collier Jetport runway for recreational use, including ATV trails, camping, support buildings and parking lots. My wife and I are frequent hikers in the Everglades. We neither own, nor want, an ATV. In fact, the reason we go to the Everglades is to escape the noise of "civilization." We have the pleasure of knowing Sam Vinikoff, an Everglades artist of considerable stature. Sam has painted the Big Cypress for a significant part of his almost 90 years and several of his paintings are on display in the Oasis Visitors' Center in the Big Cypress. I am pleased to own a painting that Sam did of precisely the area that Dade County wants to turn into a playground for jet skis on wheels. Q ' die- Collier Cypress Recreation Area District Agenda Item - -- Attachment 2, page 10 The point is, notwithstanding the occasional takeoff and landing at this site, it remains, for reasons I can't understand, a relatively unspoiled and tranquil spot. To allow the type of development proposed runs counter to all attempts to keep the Big Cypress a refuge from noise, pollution and crowds. Storks, herons, egrets, deer and other wildlife abound at this location. ATVs are a poor replacement for native wildlife. We ask that Dade County's request be denied. Please be kind enough to forward these comments to those making the decision. Thank you. James and Nicole Woodard 2701 S. Bayshore Dr., Suite 402 Coconut Grove, FL 33133 305.856.4559 AUGUST 25, 2009 EMAIL FROM ROSE FLYNN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT PLEASE CONVEY MY WISH THAT THE BOARD DENY THIS APPLICATION AT THE SEPTEMBER 2ND MEETING AS IT IS A THREAT TO ENDANGERED ANIMAL AND PLANT SPECIES IN THE BIG CYPRESS AS WELL AS WETLAND DESTRUCTION AS IT WILL IMPACT THE WATER FLOW. THERE ARE MANY MORE REASONS AS OUTLINED BY THE STAFF REPORT THAT I'M SURE YOU ARE FAMILIAR WITH.I AM A HIKER AND BIG FAN OF THE ENTIRE AREA WITH GEAT RESPECT FOR THE WILDERNESS AREA AS WELL AS THE PEOPLE WHO INHABIT IT. I BELIEVE THERE IS ALREADY ACCESS IN THE WAY OF OHVS AND ORVS SUFFICIENT FOR MOTORIZED ENJOYMENT. AS A HIKER I AM MORE INTUNE TO THE SOUNDS OF THE BIRDS, INSECTS, ANIMALS, WIND AND TREES THAT MAKE THIS AREA SO BEAUTIFUL AND TRANQUIL. TO CLOG IT WITH ANOTHER VISTOR CENTERS, GARAGE AND STILL MORE MOTORIZED VEHICLE TRAFFIC IS UNNECESSARY AND A SHAME. PLEASE, LET MY VOICE BE HEARD. ROSE FLYNN AUGUST 27, 2009 EMAIL FROM CAROL GARVIN TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Mr. Greenwood: This letter is regarding Dade County's request to develop a 2.5 square mile area north of US41 and south of the Dade - Collier Jetport runway for recreational use, including ATV trails, camping, support buildings and parking lots. I do not understand why every square inch of wild space seems better used if it is developed. This may come as a surprise to you but there are actually people who go to the Everglades is to escape the chaos of civilization. They don't want to be around nitwits racing around on ATVs, like their hair was on fire. What is 40 We- Collier Cypress Recreation Area District Agenda Iter " Attachment 2, page 11 wrong with using something as it is. Using it for takeoffs and landings is invasion enough. In a time when global warming is such a hot issue I am disappointed that you think the destruction of this tranquil green space is an improvement. And how long do you think the native wildlife will last with an invasion of this sort? Do the right thing and deny Miami -Dade County's request. This is one bit of green space that should be left as is. Thank you for your time and kindly convey this message to those making the decision. A taxpayer and property owner, Carol Garvin 1815 Tigertail Coconut Grove, FI 33133 305 444 471 7 SEPTEMBER 1, 2009 EMAIL FROM EMAIL ADDRESS: LUBELM(a-),AOL.COM TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT Mr. McCall, thank you for the courtesy of your reply and your effort to alleviate my concerns. Unfortunately, I remain unpersuaded that this plan is anything other than an expensive, dressed up OHV theme park. First, you indicate that you have been asked for many years for a wilderness park, Well, anyone with open eyes knows that two very large wilderness parks, Big Cypress and Everglades, already exist in this very area and provide the same outdoor experiences incorporated in your proposal. Second, despite your claim that this plan offers an improvement over existing use, you fail to address the inevitable destruction of existing wetlands at this site. You further fail to address the costly remediation efforts that will be necessary to deal with stormwater runoff as well as the pollution caused by vehicular traffic using your 80 car parking lot. The use of retention ponds will only finther degrade this site. Third, despite your assertion that you have every intention to "limit programmatic access to areas frequented by bears and panther populations" you offer absolutely no plan to do that. In fact, since you have indicated that law enforcement will be the responsibility of Collier County, you have made this issue their problem rather than your concern. Just how you intend to protect the threatened and endangered species from negative impact by miles of OHV trails seems to be missing from your petition or e- mails. Maybe you are hoping the y will just keep out of the way of OHV users. 41 I le- Collier Cypress Recreation Area District Agenda Iterr Attachment 2, page 12 My objections to this plan go well beyond those noted both here and in my earlier e-mail. I remain convinced that a less environmentally sensitive area closer to Dade's potential users could be found. Please remember that your proposed site is a 50 -70 mile one way trip from most area in Dade County. - - - -- Original Message---- - From: McCall, James A (MDPR) <JAMCCAL@miamidade.gov> To: lubelm @aol.com Cc: Kardys, Jack (MDPR) <Kardys@miamidade.gov >; Gregg, W. Howard (MDPR) <HGREGG @miamidade.gov> Sent: Tue, Sep 1, 2009 10:31 am Subject: Dade - Collier Cypress Recreation Area - Response Dear Mr. Lubel: After speaking at length with you on August 25, 2009, I received your formal comment on this Department's Dade - Collier Cypress Recreation Area proposal on August 30, 2009. While I thought your letter was well intentioned and supported our provision of recreational uses on the property, a number of your OHV concerns warranted a clarification or correction. I wanted to reassure you that this project is not an excuse to provide OHV trails in sensitive natural areas. Rather, it is part of a larger effort, related to our Open Space Master Plan, to increase the array of park and open space areas that provide a variety of recreational opportunities. Since we have been asked for many years for a wilderness park, having wilderness types of recreation, we thought it necessary to include recreational motorized trail use as one part of a wilderness experience. Because we are both a conservation and recreation agency, however, we always believed that any OHV use should consume only a small portion of any park property. In this case, OHV use is limited to 0.5% of the property. Further, the State Off - Highway Vehicle Advisory Committee administered by the Division of Forestry considers South Florida the highest priority need area for OHV recreation areas. The land underlying the proposed Recreation Area has been assigned to Aviation purposes since it was acquired by the FAA as an airport in 1965. Ancillary to its Aviation use, the land has been permitted for hunting, swamp buggy trails, legacy Glades campsites and subsurface mineral exploration for oil and gas, all of which are permissible in this area. Under our proposal, this Department believes that a transition of 1,600 -acres from aviation to park land, relocation of hunting, elimination of swamp buggies and a relocation of campsites will be a major public improvement. The preliminary plans for the Recreation Area, within our petition, illustrate that virtually all development is proposed to take place on already impacted westernmost fill pads, borrow lakes and existing trails. Moreover, there is every intention to reduce/mitigate the number of existing trails on the property, eliminate motorized trails within or through 42 V-4-de-Collier Cypress Recreation Area District Agenda Iterr. Attachment 2, page 13 upland hammocks and cypress domes, and limit programmatic access to areas frequented by bears and panther populations. Field analyses and telephone discussions with US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission staff have already confirmed that the population of these species is not likely impacted by our plans. Should this project proceed to site planning and zoning, we will have to provide further evidence of our position in the form of an environmental assessment. And lastly, there is the issue of law enforcement. The jurisdiction for this property is Collier County. Collier County has been part of the planning process and has evidenced strong support for it since OHV use here will reduce the impacts of its elsewhere in the County. Sincerely, James A. (Andy) McCall, CMS Park Planner II Miami -Dade County Park and Recreation 275 NW 2nd Street, Suite 416 Miami, FL 33128 Phone: 305.755.7993 www.miamidade.gQv/parks "Delivering Excellence Every Day" 43 %ie- Collier Cypress Recreation Area District Agenda Item _ Attachment 3 If the petition is forwarded with a recommendation to transmit, the Engineering and Environmental Services Department staff recommends the following changes to the proposed text: (Petitioner's text is underlined; staff - recommended additions are in red double underline and deletions are in ; row of asterisks denotes text break. Staff comments are shown in bold italics.) IV. Conservation Designation A. Dade- Collier Cypress Recreation Area District [FLUE page 87] [4fl' paragraph] Development within this District, except for trails, may be concentrated on already disturbed area along the western portions of the site, primarily in Section 16. This District will be ex =pt from PQlicy_V.A.l.d of the FLU. Section _IL:. IraDlementation Strategy. in that it will not be required to protect all w_ e_ tlan_ d plants as described by thi s_.section. The 10% ACSC site a t!=hon limit will still an$ W [5a` paragraph] The drainage and storm water management systems for this District owy hall be designed to be compatible with environmental site assessments, development and mitigation strategies, environmental enhancements and regulatory reauirements. Site development ma [6'h paragraph] At the time of rezoning, an adaptive comprehensive management elan shall be provided that includes: 1. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public land. OHVs for this site shall be limited to ATV_ s and _ d motocross vehicles. Swamp buggies are prohibited. The applicant has stated in the Neighborhood Information Meeting and the application these limits to OHV use, which should be added to the text *La A 004 This section is not necessary. 10% site alteration is already allowed, and compliance will be demonstrated as stated in #11. 44 ORDINANCE NO. 10- 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 TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVER-ABILITY 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 Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, James A. (Andy) McCall, Miami -Dade County Park and Recreation Department requested an amendment to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, to allow various recreational uses, including camping and off - highway vehicle trails, for property located on the north side of U.S. 41 at Collier -Dade County line, in Sections 13, 1.4, 15 and 16, Township 53 South, Range 34 East, consisting of 1,608± acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element and Future Land Use Map and Map series, 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 amendment to the Growth Management Plan; and Words underlined are additions; words stmek direagh are deletions Future Land Use Element Petition CP- 2009 -1 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 transmittal and adoption of the Future Land Use Element and Future Land Use Map and Map Series to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on October 19, 2009 and October 20, 2009, and the Collier County Board of County Commissioners held on January 19, 2010; and 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 AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element and Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment 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. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No Words underlined are additions; words straek tti y-oug are deletions 2 Future Land Use Element Petition CP- 2009 -1 development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3`a Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA I: FRED W. COYLE, CHAIRMAN Approved as to form and legal suffiency: Heidi Ashton - Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words stmele through are deletions 3 Future Land Use Element Petition CP- 2009 -1 EXHIBIT A FUTURE LAND USE ELEMENT CP- 2009 -1 Policy 1.4: [FLUE page 12] The CONSERVATION Future Land Use Designation shall include a Future Land Use District. A. DADE- COLLIER CYPRESS RECREATION AREA DISTRICT IV. CONSERVATION DESIGNATION [FLUE page 86] [3rd paragraph] Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non - residential uses. The following uses are authorized in this Designation, but may not be permitted in all Districts and may be subject to specific criteria conditions. and development standards than those listed below. A. Dade - Collier Cypress Recreation Area District [FLUE page 87] The Dade - Collier Cypress Recreation Area District encompasses approximately 1,608 acres of land located within Sections 13, 14 15 and 16 of Township 53 South Range 34 East adioining the Miami- Dade /Collier County line north of U.S. Highway 41 and south of the runway of the Dade - Collier Training and Transition Airport and within the Big Cypress Area of Critical State Concern (ACSC). All lands within this District are entirely owned by Miami Dade County and include wetlands, cypress and hardwood forests and five man -made lakes The primary purpose of this District is to enhance the existing natural resources while providing for an appropriate level of recreational uses beneficial to the county and the region The uses allowed within this District with limitations specific to this District are as follows: a. Visitors' center building — for administrative offices orientation area meeting room and restrooms - not to exceed 2,400 square feet; b. Parking lot - not to exceed 80 passenger vehicles and associated trailers; c. Primitive Camping - not to exceed 10 acres; d. Recreational vehicle camping - not to exceed 10 acres: e. Fishing piers and docks - not to exceed 300 acres; f. Multi -use trails for pedestrians and bicycles= wildlife viewing platforms and overlooks — not to exceed 45 acres and 10 miles of trails: Q. Archery range — not to exceed 10 acres); Words underlined are added; words stFusk threugh are deleted. Row of asterisks ( * *' * ** ' * *) denotes break in text. CP- 2009 -1 h Off highway vehicles (OHV) — not to exceed 15 acres and 15 miles of trail length and limited to use on improved trails; and i Other uses as allowed in the Conservation Designation. Development within this District except for trails shall be concentrated within already disturbed area within the western portions of the site primarily in Section 16. All development shall comply with the Area of Critical State Concern Overlay standards except for Section 1. Site Alteration, standard d which prohibits destruction or alteration of mangrove trees, salt marsh grasses, and all wetland plants listed by the Florida Department of Environmental Regulation in Chapter 17- 301 Florida Administrative Code, as amended. The drainage and storm water management systems for this District shall be designed to be compatible with environmental site assessments development and mitigation strategies, environmental enhancements and regulatory requirements. Site development shall restore /realign existing trails previously created by swamp buggies that traverse the site primarily in an east/west direction Lake edges may be improved with a shallow littoral zone where determined appropriate. At the time of rezoning an adaptive comprehensive management plan shall be provided that includes: 1. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on public land These specifications shall address vehicle and tire size, noise control, prohibition of certain OHV types (e.g. tracked vehicles) prohibition of devices affixed to tires (e.g. tire chains) OHV's for this site shall be limited to ATVs and motocross vehicles. Swamp buggies are prohibited. 2. An OHV inspection program and vehicle registration program. 3. Provisions to demarcate site boundaries. 4. Definitive location of all proposed uses — campsites parking areas, archery range, OHV trails and trail access points pedestrian and bicycle trails, etc. 5. Development intensity limitations — maximum number of RV and primitive camping sites cap on number of OHV users daily. etc. 6. Monitoring provisions to ensure OHV compliance. 7. Enforcement program for compliance with all site /park restrictions and limitations. 8. Specification of periods of operation especially for OHVs — daily hours of operation, periods of closure (e.g. high water, fire threat hurricane threat), seasonal restrictions or closure. 9. Monitoring for detrimental impacts upon listed species. 10. Restoration plan for presently disturbed portions of the site not to be utilized (e.g. most of the existing OHV trails) and creation of littoral zones for all lakes where deemed appropriate. 11. Demonstration of compliance with the ACSC limitations (e.g. maximum site alteration of 10 %) except for Section 1.d. , as provided above. Collier County residents shall have the same rights of usage within this District as Miami -Dade County residents. Words underlined are added; words GtFuGk thFeugh are deleted. Row of asterisks ( "* x ** ` * *) denotes break in text. CP- 2009 -1 FUTURE LAND USE MAP SERIES [FLUE page 124] Future Land Use Map Mixed Use & Interchange Activity Center Maps Livingston Road/Eatonwood Lane Commercial Inf ill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Dade - Collier Cypress Recreation Area District Map Exhibit A CP- 2009 -1 revised per CCPC recommendation — david 12 -10 -09 G: \Comprehensive \COMP. PLANNING GMP DATA \Comp. Plan Amendments\2009 Cycle Petitions \CP - 2009 -1 Dade - Collier Cypress Recreation Area \Exhibit A CP- 2009 -01 Words underlined are added; words '3tFUek thl:eugI4 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. EX. "A" R 25 E R 20 E j R 27 E R 28 E R 29 E R 30 E 2006 — 2016 FUTURE LAND USE MAP y Collier County Florida s � DETAILS OF THE RLSA OVERLAY AREA ARE SHOWN . TITLEDi ON THE FUTURE LAND USE `COLLIER COUNTY RURAL 8 AGR CULTURAL 13 IMM AIiE F AREA ASSESSMENT STEWARDSHIP OVERLAY MAP` y SWAMP SANCTUARY a CREW NRPA m aEk _ \ R 9A pp fi I I° Ol I FL__ I coLO[x FLORIDA PANTHER -- NORTH NATIONAL MLDLIFE BELLE MEADS REFUGE NRPA O.n, xm tsLEU) p BELLE MEADS FAKAHATCHEE STRAND y I 2 • STATE q PRESERVE ------------ I COWER - SEMMOLE 0 � STATE - y E y cw.,. ow, L7Tr N OF y MARCO ` � ISLAN f �% A • PETITIOI - 2009 -01 E R 32 E R 33 E R 34 E URBAN DESIGNATION �� tNe IsMtElwr wreACSU ❑ R wul sETnxvuExT AREA ds,wcT ❑ a�x �o�w = adx R�. ■ :M—n —.. —T ■ R R „R� x,s,arn OREaownM xxaTr sums 10 cmw—u .'s^`^Tr -- v�smm cnd+ /t I'm "weois:wcr . 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D. zooz_,R) (amn xo. � x)a2 zwx - EEeRUAxr n, zws w - sDtE)Ele t0. SRS ca .mcu tae ne.oiw 1Bnp1)to xaw BIG CYPRESS , NAT)ONAL wmm- PRESERVE V V CAPE ROMAN* -'"CAI irtOJS , A*�'ATIC PRESER , y 'A—AI LL .m+EO ccx¢ M-w -"o� Nmcmns�eNTAi s-Rxcm DMSw 1 oe /zom � ca- zcoo -moxc _ J R 25 E j R 26 E R 27 E R 28 E R 29 E R 30 E R 31 E R 32 E R 33 E SUBJECT ,dANa IZA w°' SITE.��. N CP- 2009 -01 y i 1 a m u a R 34 E lBIT A DADE- COLLIER CYPRESS RECREATION AREA DISTRICT COLLIER COUNTY, FLORIDA O� PREPARED BY: GIS /CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: CP- 2009- 01A.DWG DATE: 6/2009 PETITIC P- 2009 -01A LEGEND DADE — COLLIER CYPRESS score RECREATION AREA DISTRICT 0 600FT 12WFT