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CCPC Backup Documents 01/17/2013 Rccpc MEETING BACKUP DOCUMENTS JANUARY 17, 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JANUARY 17, fTh 2013,IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM,ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES-December 6,2012 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. PUDZ-A-PL20120000726, The Top Hat Auto CPUD (Commercial Planned Unit Development), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as The Top Hat Auto CPUD, to allow �� construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator:Nancy Gundlach,AICP,RLA,Principal Planner] 1 B. PUDA-PL20120000111, Creekside Commerce Park Commercial Planned Unit Development(CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS NOTE: This item has been continued indefinitely per staff. A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] B. To have the Collier County Planning Commission (CCPC) to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners(BCC). [Coordinator: Ray Bellows,Zoning Manager] 11. NEW BUSINESS NOTE: This is a time certain for 9:00 am A. EAC Stormwater Management Report to CCPC [Coordinator: Gerald Kurtz, Principal Project Manager] B. Status Update of proposed Settlement Agreement regarding Case No.: 08-6933-CA, Hussey et at vs. Collier County et al. The Agreement is applicable to 966 acres located north of I-75, 3 miles east of Collier Blvd. (CR 951) in Sections 29, 32 and 33, T49S, R27E; and, 2,576 acres located on the east side of Immokalee Road (CR 846), 2 miles north of Oil Well Road (CR 858) in Sections 35 & 36, T47S, R27E, and Sections 1 &2,T48S, R27E. [Coordinator: David Weeks,AICP, GMP Manager] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 December 13, 2012 PU DZ -A- 20120000726 The Top Hat Auto CPUD Collier County Planning Commission Public Hearing Advertising Requirements January 17, 20,13 Please publish the following Advertisement and Map on Friday, December 28, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 + /- acre parcel to be known as, to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman .-. m C7 (,7 CD � M, rn Dm v m y AIR ORT- PULLING ROAD Q Z M m -r (n Orm O D 5U) -0a �rz Z mZ rim y N �rn oD r� rn �� z� mD M> C) ;o (1) ZN o c�� m �ZZ BUCKLEY m M O �C �—i � D z (C. R. 31) �zm OZD >r OM o O co M�X �r- rn+tp Nz 0m Dn Dx MG7 r Z z r- ,.� — M 3: N C OO �O Zm DZ �5 mz v M c z � z 0 z M Cn D Cn cn� Mz ^M N °Z m �D c7 D C7 r M m m zrrn O y Cf) cn M = co W m U) y LIVINGSTON RD C: K: y z D Co � ;u m o r n D TI O —� � *r- M M O o < Z �N�� O Z� D O) y r- M �'' rn m O cn r O M '� M �� D > �z - Z m U) �0 �m INTERSTATE-75 Acct #068779 December 17, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDZ -A- 20120000726, Top Hat Auto CPUD (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/MAP) Friday, December 28, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 December 13, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, December 28, 2012, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman 2 Orm O -u z Z m 0 N D �y � m <c N r- V) mZ m Gi CC) -.,>m y OE 2 mm m rn .- Mm Q> N O ,-ter Z U) m O� AM Z r� ym �C Dm "m y O z m> mD c)� (1) r- X--j �D m D_ Z� Z mD -<m AIR ORT- PULLING ROAD m �ZZ BUCKLEY (C.R.31) �Zm r— O 0 co X-1� X� mp 00 DC? OG7 O r � G� r v Z -=I c DZ �m mz z� �z M v� cnD cn N� Z �n y �M z N JO Z m �D Dn N rim mm O0 zm U m n co 2 D <x m N C -� N (n y LIVINGSTON RD c� �D °o M r * r- m m O � < �N�� O z ZZ �rn D —� L � XD z J --j > rn " Q r- m W m m O cn rumz) "z M `� � Z O m '� D Z� � m U) �m INTERSTATE-75 PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120000726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Or- dinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehen- sive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales facility with as- sociated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier Coun- ty, Florida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing an effective date. [Coordina- tor: Nancy Gundlach, AICP, RLA, Principal Planner] FOUNTAIN BRIGHTON VINEYARDS PARK MONTEREY GARDENS (DRI) VINEYARDS (DRI) CITRUS EMERALD LAKES GARDENS OAK B (g) GROW SIENA sAV/'H u00O��mlcv LAKES PROJECT LL / LONGNEW SLEEPY F HOLLOW TAUAN ENTLER BAPTIST CHURCH LO C AT I 0 N w _ o KEYSTONE PLACE (s) j N1LLOW PRINCESS C p a PARK PARK GOLDEN GATE ESTATES x d+ MANCHESTER UNIT 35 PWE AIR LAKES U SQUARE '� 2 7 2 11 (DM) 0, 12 ANGRERI(S) CENTRAL CYPRESS NOR- GLEN CAMBRIDGE RAGGE PINE RIDGE /. SUMMER MIND SQUARE (S) COgSRS (C.R. 898) .u{ NAPLES OLESEN GATEWAY PINE RIDGE ROAD All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presen- tation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered 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 any accommoda- tion in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee RECEN PUBLIC NOTICE JAN 0 7 201: FN4 Before the undersigned they serve as the authority, personall appeared Barbara Boyer, who on oath says that she serves a Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper l time in the issue on December 28th, 2012 Affiant further says that the said Naples Daily News is a n1 published at Naples, in said Collier County, Florida, and that newspaper has heretofore been continuously published in saa County, Florida; distributed in Collier and Lee counties of each day and has been entered as second class mail matter a office in Naples, in said Collier County, Florida, for a perio year next preceding the first publication of the attached co advertisement; and afiant further says that he has neither p PUBLIC NOTI NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida 34112, to consider: PUDZ- A- PL20120D00726, The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Or- dinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as.amended, the Collier County Land Development Code, which established the comprehen- sive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real prop- erty from the Princess Park Planned Unit Development Zoning Dis- trict to a Commercial Planned Unit Development (CPUD) Zoning Dis- trict for an 11.36 +/- acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales.facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 East, Collier County, Flor- ida; providing for repeal of Ordinance No. 84 -34, as amended, the Princess Park PUD; and providing -an effective date. [Coordinator. Nancy Gundlach, AICP, RLA, Principal Planner] promised any person, firm or corporation any discount, reba" All interested parties are invited to appear and be heard. Individual Speakers will be limited to 5 minutes on any item. Expert witnesses commission or refund for the purpose of securing this advert shall be limited to 10 minutes each. Persons who have been autho- publication in the said newspaper. (Signature of affiant, - Sworn to and subs rib before me Thi,�,%2 °d day of J uary 2013 Al' . ./ _. . (Signature of notary public) r��! CAROLpOLIDORA _yt3k= *, • *% MY COMMISSION # EE 851758 B.,I d Th. Wn.rea i s ©r( Se A9. Iq rized to represent a group or organization should limit their presen- tation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered 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 any accommoda- tion in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 F-TAIN BRIGHTON NNEYgR05 PARK GARDENS (DRI) VINEYARDS MONTEREY EMERALD '(DRI) CI TRuS LAKES 6 GgRDENS OAK 2 S&(5) DROVE SIENA B LAKES PROJECT w SLEEPY / LONGVIEW ENTER (5) IRST F HOLLOW LONE BAPTIST CHURCH LO CAT I O N w SM N� 0 V.F.W. _ (s)c KEYSTONE PLACE (S) W1LLOW PPRINCESS PARK ARK m MANCHESTER RZ GOLDEN DATE ESTATES UNIT 35 PINE AIR 7 11 LAKES U SQUARE .. - PARK 2 (DRI) CENTRAL 12 gNGILERI (S) CYPRESS N'TH GLEN CAMBRIDGE PINE RIDGE RAGCE K SUMMERWIND SQUARE IS CORS[RS ) l // (C.R. 898) NAPLES GATEWAY CLESEN PINE RIDGE ROAD promised any person, firm or corporation any discount, reba" All interested parties are invited to appear and be heard. Individual Speakers will be limited to 5 minutes on any item. Expert witnesses commission or refund for the purpose of securing this advert shall be limited to 10 minutes each. Persons who have been autho- publication in the said newspaper. (Signature of affiant, - Sworn to and subs rib before me Thi,�,%2 °d day of J uary 2013 Al' . ./ _. . (Signature of notary public) r��! CAROLpOLIDORA _yt3k= *, • *% MY COMMISSION # EE 851758 B.,I d Th. Wn.rea i s ©r( Se A9. Iq rized to represent a group or organization should limit their presen- tation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered 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 any accommoda- tion in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195043 December 28 2012 AGENDA ITEM 9-A ifie" Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 17, 2013 SUBJECT: PUDZ-A-PL2012000726, TOP HAT AUTO CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) PROPERTY OWNER& APPLICANT/AGENT: PROPERTY OWNER& APPLICANT: CONTRACT PURCHASER: Bic's Investment Corp. Top Hat Holdings LLC. 6780 Airport Pulling Road North 1471 Airport Pulling Road North Naples,FL 34109 Naples, FL 34104 AGENTS: Mr. Tim Hancock, AICP Mr. Bruce Anderson,Esquire Davidson Engineering Roetzel &Andress 3530 Kraft Road Suite 301 850 Park Shore Drive Naples, FL 34105 Trianon Centre, Third Floor Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance to change the zoning classification of the herein described real property from the Princess Park PUD (Planned Unit Development) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as the Top Hat Auto CPUD, to allow construction of an automotive sales facility with associated repair services, providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing an effective date. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 1 of 17 Fs� ifl (11111 MEI Tiori f� fHl EMI 01111111 -----) El 1:1•111 'Ur tici Nil EMI lei ma ial 75 j . All s011t . W U r aJ.A z ®=u F-- iy O ® ® ® ® N W EMI m.,16 f� a ` U LL 'a!2 ^^® p O cc a cm ff: El. (-----\ \\ iiiii:111::::::::::::::: < i CM win v 0 " G cog i a ®o° s 1 e Sm a welt • , ::::::0,,,,,:::::: 0- t d . ) 1 0 4 i '.4......: „ - 7 2A' 0 g 7. 111:::::::::::::::::::::kg _ a Y \ CL 5 wino ltlNVO (I¢' wo) moa oNmnd-iaodan a'3) ma orf'nnd-laodan ((c w s >. 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III Wag 4 g ,tD1% " 21 )i g lt2 gill ;- � 141� _ m ^• ° a id (II —�, %' 4 el 1 J I IIo , ., � � � — ill - i 1 Ol 4% to ° -- p A . _ — — Zv Qrya ❑ I N J N N j`111111 II <1 0 ■ I 6s� °11 .0 % % )1 VI liN .0-0 adOkk %.0 s'‘, 40 7 d f i g K "."1 X1111111111-- iI II iiii!o. V1 III Nlazt o . 2 to &smut\ IIIIIIV CI JjEig_ k I 1 5a '11 ' = - E I A K >- � ls °# n �I In _ I 1 , k 0. Z''A a _ N - t V,kani- g05.2.hri ,4 . loop-_0. , X n J 9z, $ i � ( _'o C1d0I 1OdZId J apnancFn MASTER PLAN GEOGRAPHIC LOCATION: The subject 11.36+/- acre Planned Unit Development is located on the east side of Airport-Pulling Road (C.R. 31), approximately 1/4 mile south of Orange Blossom Drive at 6780 Airport Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject site, originally known as Princess Park PUD, was approved in Ordinance Number 84- 34 on April 24, 1984 and amended in Ordinance Number 90-53 on June 12, 1990. (Please see Attachment A: Ordinance Number 84-34 and Ordinance Number 06-50.) The petitioner proposes a new Ordinance, the Top Hat Auto CPUD, and the repeal of Ordinance No. 84-34, as amended, the Princess Park PUD. The original Princess Park PUD was approved for indoor and outdoor recreation which includes uses such as an indoor video game room, a bumper boats pond, go-cart racing, batting cages, and a swimming pool. The maximum height of the structures in the original Princess Park PUD was 30 feet. The Princess Park PUD hours of operation are from noon to 9 p.m. on Sunday, 10 a.m. to 10 p.m. on Monday through Thursday, and 10 a.m. to midnight on Friday and Saturday. The access to the subject site for the Princess Park PUD and the proposed Top Hat PUD is from the same location on Airport Road. (Please refer to the Aerial on page 5 and Master Plan on page 3.) As noted above, the petitioner is seeking to construct a new automotive sales facility to allow for new and used automotive sales (SIC Code 5511) along with associated repair services which include: automotive exhaust system repair shops (Group 7533); tire retreading and repair shops (Group 7534); automotive glass replacement shops (Group 7536); automotive transmission repair shops (Group 7537); general automotive repair shops (Group 7538); automotive repair shops, not elsewhere classified (Group 7539); and top, body, and upholstery repair shops and paint shops (Group 7532). As stated at the NIM (Neighborhood Information Meeting), the current dealership hours are until 7 p.m. most days, 5 p.m. on Saturdays and 4 p.m. on Sundays and are expected to be similar in this new location. The proposed maximum building zoned height is 35 feet and the actual building maximum height is 47 feet. The subject site proposes a 15-foot wide Type B landscape buffer with a 6-foot height wall where it abuts the residential portions of Lone Oaks PUD. A 20-foot wide Type D landscape buffer is proposed along Airport Road, and a 10-foot wide Type A landscape buffer is proposed along the commercial zoned properties. SURROUNDING LAND USE AND ZONING: North: Commercial offices abutting the western half of the north property line, then an entrance drive and lake on 89.6 +/- acres of mixed-use development: 2+/- acres commercial and 87.6+/- acres residential with 604 multi-family dwellings, zoned Lone Oak PUD, (aka Walden Oaks). TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 4 of 17 East: Roadway, then multi-family residences on 89.6 +/- acres of mixed-use development: 2+/- acres commercial and 87.6+/- acres residential with 604 multi-family dwelling units, zoned Lone Oak PUD, (aka Walden Oaks). South: Business park offices on 11.3+/- acres commercial, zoned Willow Park PUD. West: Airport Pulling Road North (C.R. 31), a 6-lane roadway, then 404 multi-family residential units on 34 +/-acres, zoned Keystone Place PUD. T ,. 44100 ,fix 4. pa' V :r LQ4E OAK avo te• 6,4 Ville 4 f., i =:". - _ ) ., - p i ,- y rlti y ""` $.:k, SUBJECT � v PROPERT •. ._I "-= , A • — . `.•. • . ...._t.;r-.mac_ ..P HL_ R1. loom tt . am ma, 'ft T ■'i•, r- , .,, )) a-, ' E. Co16a County Progeny ARP rarscr,Naples.F L. O 48ft AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is located within the Urban designated area (Urban—Urban Mixed Use District,Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict does not allow commercial uses at this location. However, the existing Princess Park PUD, approved for amusement park use in 1984, pre-dates the 1989 adoption of the GMP and is deemed "consistent by policy." Policy 5.1 of the Future Land Use Element (FLUE) provides that the zoning of such properties may be changed so long as the new zoning district is not of a greater TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 5 of 17 intensity than the existing zoning, and provided the overall intensity of the proposed zoning district is not of a greater intensity than the existing zoning — as determined by a comparison of public facility impacts. The petitioner submitted a companion Official Interpretation (OI) petition requesting a determination of consistency with FLUE Policy 5.1 (petition CPI-PL20120001364, see Attachment C). That OI petition includes a comparative analysis of zoning districts, and public facility impacts, between the amusement park use allowed by the existing Princess Park PUD zoning and a new auto sales facility use as proposed in the subject PUDZ-A (Planned Unit Development Rezone Amendment) petition. Staff recently issued its determination finding that the OI petition is deemed consistent with FLUE Policy 5.1. FLUE Policy 5.1 states, in relevant part: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13,the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. *** *** text break *** *** *** e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. The below excerpt from the OI determination letter provides the Policy 5.1 analysis. FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of each part. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning districts - lowest zoning classification - in the Collier County Land Development Code (LDC). The existing Princess Park PUD permits specified indoor and outdoor recreation and amusement uses: • Building for office, maintenance, storage, ticket sales, snack bar, recreation room and similar uses • Mini golf course • Go cart track • Bumper boats • Batting cages • Aero-ball TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 6 of 17 • Remote control boats • Swimming pool • Outdoor skating track • Boat rental • Video games in enclosed building • Similar and compatible recreational uses approved by the Zoning Director. The LDC lists the following uses: Mini golf— permitted conditional use (CU) in C-3; Coin operated amusement devices — permitted CU in C-3, permitted by right in C-4; Amusement and recreation services, indoor - permitted by right in C-4; Amusement parks - permitted CU in C-4; Go-cart track- permitted CU in C-4. AND Motor vehicle dealers, new only-permitted by right in C-4; Motor vehicle dealers, used only -permitted CU in C-4. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district(based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? � I It is important to note that FLUE Policy 5.1e. refers to the existing zoning district, not existing development. The applicant correctly compares what is allowed to be developed under the existing Princess Park PUD zoning on the site, not the actual development that exists on site. Also, it should be noted that the existing PUD zoning includes several integrated uses, rather than the more typical independent uses. For example, the snack bar/restaurant is not freestanding, rather is within the building with arcade games - seating is shared by the snack bar and those using the games as well as other patrons and guests. The applicant provided a comparative analysis of public facility impacts indicating the following: Arterial and collector roads — reduction in weekday p.m. peak hour trip generation by 122 trips Drainage—no change Potable water and sanitary sewer—reduction in daily demand of 5,920 gallons per day Solid waste—reduction Parks and recreation—no change/no impact. Staff concurs that there is a decrease in road trips and water/sewer consumption/generation, and no increase for drainage and parks and recreation, but that solid waste generation will increase with the proposed use. However, this increase does not outweigh reductions for other public facilities. .-. Conclusion: The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 7 of 17 Relevant FLUE policies are stated below (in italics); each policy is followed by staff analysis (in bold). FLUE Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The proposed CPUD fronts, and has access to, Airport-Pulling Road (C.R. 31), an arterial road. FLUE Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The proposed CPUD Master Plan depicts a single use for this site; access throughout the site is via parking lot aisles and drives. FLUE Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. All surrounding properties are developed - Lone Oak PUD to north and east, Willow Park PUD to south-precluding interconnections. FLUE Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. This criterion is mostly not applicable. The proposed CPUD must provide no less than the minimum amount of open space as required in the Land Development Code. FLUE Policy 5.4 New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code. Please see the compatibility analysis in the Analysis section of this Staff Report: Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that there is a decrease in the p.m. peak hour trip generation. Therefore the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Staff recommends that the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Please note that the staff recommendation to find this consistent with Policy 5.1 of the Transportation Element of the GMP is based upon the comparison performed by the County Transportation Staff involving only the p.m. peak hour trip generation, as compared with the p.m. peak hour roadway capacity that is demonstrated in the AUIR (Annual Update and Inventory Report). TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 8 of 17 The a.m./peak hour trip generation and daily trip generation volumes do not require analysis to be found consistent with Policy 5.1 of the Transportation Element; rather these numbers are for operational analyses only. Airport Road Impacts: The first concurrency link on Airport Road(C.R. 31)that is impacted by this zoning amendment is Link 2.2, between Orange Blossom and Pine Ridge Road (C.R. 836). This segment of Airport Road (C.R. 31) currently has a remaining capacity of 1,103 trips, and is currently at LOS "C" (Level of Service "C") as reflected by the 2012 AUIR. Please note that Link 2.2 is within the Northwest TCMA (Transportation Concurrency Manage- ment Area). Conservation and Coastal Management Element (CCME): Environmental Services Staff reviewed this petition and determined that the proposed amendment to be consistent with the Conservation and Coastal Management Element. Based upon the above analysis of FLUE policies, and the analysis of proposed uses, Comprehensive Planning staff finds the proposed CPUD to be consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and the subject site has been cleared for agriculture since 1975, prior to any County clearing (or preservation) regulations. The proposed amendment will not have any impact on environmental issues. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Division Staff has reviewed this petition and recommends approval subject to the Development Commitment that the project access remain in its current location and subject to a continuous northbound right turn lane. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval subject to the Development Commitments contained in Exhibit "F" of the proposed CPUD document. TOP FIAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 9 of 17 Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed change is to allow construction of an automotive sales facility to allow for New and Used Automobile Sales and Service (SIC 5511). The use group is described as follows: Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. Specific uses allowed in this SIC Code classification include the following: Automobile agencies(dealers)—retail Motor vehicle dealers, new and uses cars—retail Automobiles,new and used—retail Pickups and vans,new and used--retail Cars,new and used—retail As previously stated,the petitioner is also seeking the following accessory uses: 1. Automotive Exhaust System Repair Shops (Group 7533) 2. Tire Retreading and Repair Shops (Group 7534) 3. Automotive Glass Replacement Shops (Group 7536) 4. Automotive Transmission Repair Shops (Group 7537) 5. General Automotive Repair Shops(Group 7538) 6. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 7. Top, Body, and Upholstery Repair Shops and Paint Shops(Group 7532) 8. Uses and structures that are accessory and incidental to an automotive sales facility. 9. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. One deviation from the Collier County Land Development Code (LDC) is being sought with this amendment. Please see the Deviation Discussion section of this Staff Report for further information. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 10 of 17 PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Comprehensive Planning Staff has reviewed the proposed automobile sales facility with associated repair services and has found it to be similar in impact as the current indoor and outdoor recreational theme park. The proposed project would also comply with County regulations regarding drainage, sewer, water and other utilities. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, Staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff believes that this proposed automobile facility will not be any less compatible than the current indoor and outdoor recreational theme park. The automobile facility will locate its repair services within closed buildings, which will reduce some of the site noise. The proposed automotive facility hours will begin and end earlier than the current indoor/outdoor recreational theme park. The proposed building height of 35'/47' (zoned and actual height) is higher than the current 30' height. However, the existing landscape buffering within the Walden Oaks community along with the proposed landscape buffering of the automobile facility should obscure views of the proposed automotive development from Walden Oaks. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 11 of 17 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 12 of 17 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to allow construction of an automotive sales facility with associated repair services in lieu of the current indoor and outdoor recreational theme park. 6 Whether the proposed change will adversely influence living conditions in the neighborhood As noted in the GMP Consistency Review, the overall intensity of commercial land uses allowed by the existing zoning district is not exceeded in the proposed zoning district. Therefore, Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 13 of 17 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations restrict the zoned building height to 35 feet and actual height to 47 feet. Therefore the project should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties adjacent to the subject site are already partially developed. The basic premise underlying all of the development standards in Exhibit `B" of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 14 of 17 The proposed PUD is not out of scale with the needs of the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD rezone. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the SDP (Site Development Plan) process and building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. �-. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviation is found in PUD Exhibit E. Deviation #1 seeks relief from LDC Section 5.05.08 C.9.b, "....Freestanding buildings within a PUD...." which requires all facades for a freestanding building within a PUD to be treated as a primary facade, to allow only wall planes facing Airport road to be treated as primary facades. Petitioner's Rationale: The project will be visible from Airport Road but not from any other exterior roadways. The access drive for Walden Oaks will border the north property line, but the required Type `B' buffer will visually screen the site at eye level within one year of development. The project is a single use project with multiple buildings but is not a typical `outparcel' development. Therefore, requiring all four sides of the building to meet primary façade standards TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 15 of 17 would result in significant additional expenditures for the property owner and no measurable benefit to the community. Staff Analysis and Recommendation: The LDC states that primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include, but are not limited to: arcades, display windows, entry areas, or other similar design elements. A minimum of two of seven listed design features are required on each primary façade. In addition to the primary façade requirements, the LDC requires that all facades, including those that are not primary facades, include "design treatments" (LDC Section 5.05.08.C.5.c.). Also, "blank wall" areas may not exceed 200 square feet (LDC Section 5.05.08.C.8.b.). Deviations are not being sought for the design treatments and blank wall limitations. Therefore, if the deviation is granted for those facades that do not face Airport Pulling Road, these facades will be required to feature design treatments and that blank wall areas be limited, as required by the LDC. Therefore, Planning & Zoning Review staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING(NIM): The applicant duly noticed and held the required meeting on October 16, 2012 at 5:30 p.m. at the Collier County Public Library at 2385 Orange Blossom Drive. Approximately 50-60 people from the community along with the applicant, agent and County Staff attended the meeting. For further information please see Attachment D, "Creekside Commerce Park CPUD Neighborhood Information Meeting" (NIM) synopsis prepared by the applicant. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDZ-A-PL2012000726 on January 2, 2013. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-PL2012000726 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Ordinance B. Ordinance Number 84-34 and Ordinance Number 90-53 C. Official Interpretation petition CPI-PL201200013 64 D. NIM Synopsis E. Letter of Objection F. SIC Codes TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 16 of 17 PREPARED BY: Lag 611.111/ L P� � �� NANCY G i D A H, AICP,PRINCIPAL PLANNER DATE GROWTH AGEMENT DIVISION REVIEWED BY: 12. - z-6— 12_ RAYMO,'I V. BELLOWS, ZONING MANAGER DATE GROWT MANAGEMENT DIVISION I L-2-7-0_ MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION APP ' : ' ' I BY. e l -8 -� NICK CASALANG DA,ADMINIST'i O DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 12, 2012 Board of County Commissioners Meeting TOP HAT AUTO CPUD,PUDZ-A-PL2012000726 January 2,2013 Page 17 of 17 ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR AN 11.36+/- ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84-34, AS AMENDED, THE PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-A- PL20120000726) WHEREAS,R. Bruce Anderson, Esquire of Roetzel&Andress, LPA, representing Bic's Investment Corp., petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, Collier County, Florida is changed from the Princess Park Planned Unit Development zoning district to a Commercial Planned Unit Development(CPUD) zoning district for an 11.36+/-acre parcel to be known as the Top Hat Auto CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate Top Hat Auto CPUD/PUDA-A-PL2012000726 1 of 2 Rev. 12/21/12 Attachment A zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: REPEAL OF ORDINANCE. Ordinance No. 84-34, as amended, the Princess Park PUD, is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Requested Deviations Exhibit F—List of Developer Commitments CP112-CPS-41167\22 Top Hat Auto CPUDJPUDA-A-PL2012000726 2 of 2 Rev. 12/21/12 EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a C-5 commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area(GFA). Tract A: A.Principal Uses Motor Vehicle Dealers(New and Used)(Group 5511) B. Accessory Uses 1. Automotive Exhaust System Repair Shops(Group 7533) 2. Tire Retreading and Repair Shops(Group 7534) 3. Automotive Glass Replacement Shops(Group 7536) 4. Automotive Transmission Repair Shops(Group 7537) 5. General Automotive Repair Shops(Group 7538) 6. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 7. Top,Body,and Upholstery Repair Shops and Paint Shops(Group 7532) 8. Uses and structures that are accessory and incidental to an automotive sales facility. 9. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer,and allowed within front, side and rear yard setbacks. Top Hat CPUD Revised December 3,2012 Page 1 of 6 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C-5 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 35 ft. 35 ft. • Actual: 47 ft. 47 ft. Minimum Floor Area 700 square feet(ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard(Airport 25 ft SPS Pulling Road) • Side yard 15 ft 10 ft • Rear yard 100 ft SPS • Minimum Distance 25 ft 0 ft(Principal to Between Structures accessory) • Internal Drives None None • Lake 25 ft 25 ft Top Hat CPUD Revised December 3,2012 Page 2 of 6 = 1 ^a d --■--Z—alori sa SAW 0 flip; Vi L 334 7. 3Lu Jx .—-, i 0 __ i1 Piko III �� 4 .1 lay <N PR V III 1 Zs 0 — mum i 11-2--;,_1 �� . W� W ,/_ Arm_inn,lrublii p . ! N ' Zf S - — !i0 q k (AK rz in E aiad '!� - i WW eg o/ �nl�n ■Il--m i V iI a n Ilo � ,� D r C` egol. 1= g it 4 * in 59. gi •' , ,P rj - — is j K _- .2 I �p N9N < 7 1 - `IIIIII 'f ® 1: � i , "� b. pI 4 : 4 t '1 1 uumm V l l l l 1 — 6 �-- 1- Jlllllliuv ∎ li 1 cI �� . IlIIIIIIIL _ , I. �� i " !_ ! 1 = ) Vi, PA er Aga • - 1:4e I!IIIrl I` ;,r- _ F III '.I g°�3 gg Z 1' d—x j I ` u^��°°-1.�� n 9s ' Sa - . Z CA/024 4 1210dZIId g • EXHIBIT D LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right-of-way purposes. Top Hat CPUD Revised December 3,2012 Page 4 of 6 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary façade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. • Top Hat CPUD Revised December 3,2012 Page 5 of 6 EXHIBIT F DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging systems will be used. c. The automated car wash will be 600 feet or more from the nearest existing residential unit. d. The service area will be enclosed with the exception of entry/exit doors and a small number of`quick lube' service bays. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. TRANSPORTATION a. The project access will remain in its current location and subject to the continuous northbound right turn lane;no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10-inch water main located on- site. This 10-inch main is connected (tee and valve) to an existing 16-inch water main along the west right-of-way line of the southbound Airport-Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8-inch gravity main/system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off-site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. Top Hat CPUD Revised December 3,2012 Page 6 of 6 c, c, x v ts. L - A- --- G. ORDINANCE 84- 34 ; AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- ;• PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED +: UNIT DEVELOPMENT FOR A RECREATIONAL THEME PARK KNOWN AS PRINCESS PARK, LOCATED EAST OF AIRPORT ROAD, 11/4 MILES NORTH OF PINE RIDGE ROAD; AND `' PROVIDING AN EFFECTIVE DATE: 4` , S E WHEREAS, .Frank Cardillo, petitioned the Board of County ° ,, Commissioners to change the Zoning Classification of the herein >!' described real property; . i NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: , SECTION ONE: The Zoning Classification of the herein described real property iri locrted in Section 1, Township 49 South, Range 25 East, Collier County, Florida is changed from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" ,� a t: which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 49-25-1, as described in Ordinance 82-2, is hereby amended accordingly. _ > • .. 1H r w ` 1 . , 4 v nD �' . ;V -n z..r • :• BOOK 018 PI t 302 3. _ _._ Attachment B . SECTION TWO This Ordinance shall become effective upon receipt of notice • that is has been filed with the Secretary of State. DATE: April 24, 1984 BOARD OF COUNTY COMIMISSIONERS COLLIER COUNTY, FLORIDA { K , A T,pST.V. BY: .'.( / �'•: _ • WIL4AM-.:T. REAGAN, CLERK DAVID C. B'IWN, CHAIRMAN A. i..A. 7 -� . I.14 3111 1111ED TO FORM AND EGAL SUFFICIENCY PUD Ordinance STATE OF FLORIDA ) COUNTY OF COLT IER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, do hereby certify that the foregoing is a true original of: 3 ORDINANCE N0. 84-34 . which was adopted by the Board of County Conmissioners of Collier County, Florida, during Regular Session the 24th day of April, 1984. WITNESS my hand and the official seal of the Board of Co mtv,Cent:,_ ' missioners of Collier County, Florida, this 24th day of Anril,ti 84;Y!�ci�� WILLIAM J. REAGAN, ''• -.:.!1' �j Clerk of Courts did, ,•'•Clerk - 1 This ordinance filed with rho Ex officio to Boa id of Secretory of State Office the County C.ea ssion.rsY: .. . -' Jan.day of and acknowledgement ementnt of thhot / filing received this,?�.day BY: _ _ - a of 727444e i9, • rgi;< •t:1f , ∎:, Zr,• ; %; .n L. J 'v' gY—., *v„*veer u.a • C.. i.) :0.:3•Gi o ` «! _ . BOCK 013PA:�192 -4- a, PLANNED UNIT w_VELOPMENT DOCUMENT -k . for 1 PRINCESS PARK .a '4 _ I 1�1 c.‘,7), '.3 q ! •' ' DECEMBER 1983 _i E4 3 i , t {[ i ..i Prepared By: COASTAL ENGINEERING CONSULTANTS, INC. ;,:.: 3883 Davis Boulevard , .: Post Office Box 8306 t ; Naples, Florida 33941 t (813) 774-4402 5'•l '- CEC FILE No.83.053 is :i t..i • iooK 018 r,�,r 103 f • TABLE OF CONTENTS PAGE 4. SECTION I PROJECT OWNERSHIP AND DESCRIPTION 1 1.1 Purpose 1 1.2 Legal Description 1 1.3 Property Ownership 1 1.4 General Location of Property 1 1.5 Physical Characteristics of Site1 (E i SECTION II STATEMENT OF COMPLIANCE 3 + 5 SECTION III PROJECT DEVELOPMENT DESCRIPTION 4 ‘, ! _ 3. 1 Purpose 4 3.2 General 4 3.3 Project Plan 4 Fti a SECTION IV UTILITIES 6 4. 1 Purpose 6 4.2 County Requirements 6 4.3 Water and Sewer Provisions 6 4.4 Utility Manager's Stipulations 6 4.5 Traffic Improvements 8 N 4.6 Surface Water Management 8 4.7 Solid Waste Collection 8 4.8 Electric Power Service 8 4.9 Telephone Service 8 4. 10 Easements 9 4. 11 Environmental 9 SECTION V PROJECT DEVELOPMENT STANDARD,;_ . 10 5. 1 Purpose 10 5. 2 Permitted Uses 10 5.3 Prohibited Uses 11 5.4 Maximum Height of Structures 11 5. 5 Off-Street parking 11 5.6 Hours of Operation 11 SECTION VI EXEMPTIONS FROM SUBDIVISION REGULATIONS12 6. 1 Purpose 12 6.2 No Exemptions 12 ‘''L SECTION VII DEVELOPMENT COMMITMENTS 13 7. 1 Purpose • 13 7.2 Compliance with Master Site Plan13 il t - j 6001 Q18 Pi'+r 194 III SECTION 1 PROJECT .1ERSHIP & DESCRIPTION 1.1 PURPOSE 'r The purpose of this section is to state the location and ownership of the subject property and to describe the - existing condition of the subject property which is proposed i to be developed under the project name "Princess Park". 1.2 LEGAL DESCRIPTION The north i of the south 1 of the southwest 1 of the south- west I of Section 1 , Township 49 south, range 25 east; Collier County, Florida , less the west 100 feet thereof. i 1.3 PROPERTY OWNERSHIP The property is currently under the ownership of Frank Cardillo and Constance A. Cardillo. 1 .4 GENERAL LOCATION OF PROPERTY a) The site is located on the east side of County Road 31 , ,I Airport-Pulling Road. The property lies in an area predominantly occupied by citrus orchards and nurseries . The property is bounded on the south by a golf driving range , on the west by Airport Road, to the east by a borrow pit and to the north by a single- family residence and contractor' s yard. The project site contains approximately 11.3 acres. '' The current zoning classification of the subject 1, property is agricultural (A-2) . ' 1.5 PHYSICAL CHARACTERISTICS OF THE SITE x '.,1 The project is located within County Water Management District No.7 and within the Collier County Water and Sewer District. .y The subject site is very flat with the exception of a spoil I bank along the 100' canal easement on the West property line. Elevations range from 10.5 to 11.0 except at the canal bank. The site has been used for agricultural F purposes in the past. ,t tA GA `y -I- Z 1 i SOOK U1R PI"195 it • The agronomic soils series found within the project boundary include Arzell Fine Sand (over 95% of site) and Immokalee Fine Sand (less than 5% of the site) . Soil c►,aracteristics (see Figure 1) were derived from the soil si. y of Collier County, Florida , issued by the U.S. Department of Agriculture in March, 1954. • The majority of the site is covered with Brazilian Pepper and Wax Myrtle with an understory of native grasses and ferns and a few willows. Test borings in the area show the bedrock to be at approxi- mately elevation + 1.0. • S t 1 - 2- • ?,1 y .' 100K 01R R Pict 196 • Y., SECTION II STATEMENT OF COMPLIANCE The rezoning to P.U.D. of 11.3 ac(t) located in Section 1 , T49S, R25E, Collier County, Florida , to be known as Princess Park is in compliance with the objectives stated in the • Comprehensive Plan and with the requirements of the Collier County Zoning Ordinance for the following reasons. '4 1) The project facilities and service rating is in excess of 40 points. Therefore, it is considered as having adequate community facilities and services. (See Table 1) . . 2) The comprehensive plan designates the area of Princess Park as urban. "Golf Courses, . . .Playgrounds ,. . .and other similar recreation and open space uses" are permitted non-residential land uses. 3) The property is well served by CR-31 (Airport Road) and is approximately a mile from the community commercial node at Pine Ridge Road and CR-3I. 4) The property is within the county water supply system service area. }S • S♦�� t f •� 1 Yt S • i.� -3- ROOK Q1°PIQ 197 • SECTION III PROJECT DEVELOPMENT ' .CRIPTION 3. 1 PURPOJ • The purpose of this section is to describe the general plan and development of the project, including: land uses and phasing schedule. 3.2 GENERAL • a) Regulations for development of Princess Park shall be in accordance with the contents of this document, P.U.D. zoning regulations and restrictions and other applicable sections and parts of the "Collier County Zoning Ordinance" in effect at the time this document is approved. b) Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the 9 "Collier County Zoning Ordinance" in effect at the time this document is approved. 3.3 PROJECT PLAN l a) The project master site plan is illustrated by Figures 2A and 2B. The plan of development calls for a 36-hole miniature golf course, a "mini-car" track, a bumper boat pond, a batting cage, an "aero-ball" court, a kiddie car track, a remote controlled boat pond, a lake with paddle boats , a roller skate rental facility and outdoor track around the lake, a swimming pool , a main building to house an offii.e, snack bar, park maintenance, game room, etc. , and small booths at individual amusements for ticket sales , storage, u. el maintenance, etc. y;a b) There will be no dwelling units on the 11.3 acre site. 1; ; + i c) Such easements (utility, drainage, private, semi-private) as may be deemed necessary or desirable for the service or convenience of patrons of the facilities shall be established within the project boundaries during the final design phase or prior to construction. a • f• -4- BOOK O18 wt 108 ;f . %,S d) Minor variations in locations of roads, structures, and water bodies, shall be permitted at final design to t accomodate the geometry of the facilities to be , installed. Minor variations shall be defined as being =�+ -"' within 100' of the locations shown on the master site : i plan. K. e) Princess Park will be developed in at least two phases. , The initial phase will consist of at least the a miniature golf, mini-car track, main building , and 4 lake. The sequence and timing of subsequent facilities j will be dictated by market conditions. y; 7 f) Landscaped berms and buffers meeting the requirements ti` of the zoning ordinance shall be provided and maintained. . - d 1 il ;a 8t S i, I • , . f T . t '1 r , 1 a-+ w. ; i i ', V -5- !Y • Tt . . -;; 006O r 1.90 nJ A SECTION IV UTILITIES 4.1 PURPOSE The purpose of this section is to describe the provisions for utilities for Princess Park. 4.2 COUNTY REQUIREMENTS • All utilities including telephones and electrical systems shall be installed underground; provided, however, that appurtenances to these systems which require above ground installation will be effectively screened so as not to detract from the character of the development. 4.3 WATER AND SEWER PROVISIONS T he project will be served by the City of Naples water system. Sewage will be handled by a septic tank and drainfield. Installation will comply with Chapter 1OD-6 of F.A.C. 4.4 UTILITY MANAGER' S STIPULATIONS 1) All construction plans And technical specifications for the proposed Utility Facilities must be reviewed and • approved by the Utilities Division prior to commencement of construction. 2) All on-site and off-site Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and • shall be deeded to the County Water-Sewer District, in accordance with applicable County Ordinances and Regulations . 3) All construction on the proposed sanitary sewer system shall utilize proper methods and materials to insure water tight conditions. 4) Appropriate Utility Easements dedicated to the County • Water-Sewer District must be provided for the proposed water facilities to be constructed, when they do not lie within public rights-of-way or Utility Easements. 5) Data required under County Ordinance No.80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved Health Department application for the interim septic system. -6- i3 bODK 018°ASi 200 Yr L I; , 1 6) Provide commitment letter from the City if Naples 0 regarding water service for the project. '` 7) The Owner of the project shall ent2r I.Ito a written agreement with the County Water-Sewer District at the time utility construction approval is requested, legally 3 acceptable to the County Water-Sewer District, stating that: a) The proposed on-site septic system facilities to , i be constructed as part of the proposed project must be regarded as interim; it shall be • constructed to State and. County standards and be owned, operated and maintained by the owner, his x assigns or successors until such time as the County's Central Sewer Facilities are available to service the project. b) Upon connection to the County' s Central Sewer Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim septic system facility, in accordance with State and County standards . All work related with this activity shall be performed at no cost to the County or the County Water-Sewer District. c) Connection to the County' s. Central Sewer facilities will be made by the owners, their assigns or successors at no cost to the County or f to the County Water-Sewer District within 90 days after such facilities become available. d) All construction plans and technical j.: specifications related to connections to the = County' s Central Sewer facilities will be i submitted for review and approval prior to. commencement of construction. i,: e) The owners , their assigns or successors and/or other applicants for building permits shall agree to pay all applicable system development charges at the time that Building Permits are required, ig pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit f'•. request. This requirement shall be so stated in all contractual documents between the Developers , their successors or assigns , and the purchasers of II this property. , 6 Q -7- 4 1 018 3 600K 018 Plc! 201 , la 4.5 TRAFFIC IMPROVEMENTS Subject to Collier County, Department of Transportation approval , the developer, his assigns or successors, shall provide the follow. g: a) Modifications to Airport Road at the project entrance will be as per County Engineering/ Transportation standard detail sheet for left turn storage and right turn deceleration lanes. b) Developer will provide arterial level street lighting at entrance. 4.6 SURFACE WATER MANAGEMENT a) The Surface Water Management System will be owned and maintained by "Princess Park Incorporated" , the entity created to own and manage the park. b) Water Management for the proposed project will utilize a man made lake and canal for detention of storm flows. Discharge will be into the canal along the east side of CR-31. The canal along Airport Road will not be modified with the exception of a culvert installed at the entrance road. The culvert will be of sufficient size to maintain existing flows. c) Detailed Water Management plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 4.7 SOLID WASTE COLLECTION The collection of and disposal of solid waste will be handled by the County designated franchise holder for that service. 4.8 ELECTRIC POWER SERVICE The project is within the service area of Florida Power and Light Company. 4.9 TELEPHONE SERVICE The project is within the service area of United Telephone System. -8- BOOK 018 rjct 202 • '.11: . . . 4.10 EASEMENTS Easements shall be provided for all utility services as required by subdivision regulations. — 4. 11 ENYT.::_fMENTAL CONSIDERATIONS a) '11 exotics will be removed during development per county ordinance, and the area will be maintained exotic-free. • b) Native vegetation will be the foundation of the landscaping plan which will be submitted to the county environmentalist for review. ,6 •., i R i 1 1 y t 9 s F t i i n a s i . . —9- 1 . ; . tux 018 PA.�z 203 SECTION V PROJECT DEVELOPMENT STANDARDS 5. 1 PURPOSE The purpose of this section is to set forth the reg- lations for the development of Princess Park. • 5.2 PERMITTED USES No structure or facility or part thereof shall be erected, altered, or used; or any land or water used in whole or in part, for other than the following: a) Principal Uses . 1 ) Buildings for an office , maintenance facilities , storage, ticket sales , snack bar, recreation room and similar uses. 2) Miniature Golf Course 3) Mini-Car Track 4) Bumper Boat Pond 5) Batting Cage 6) Aero-Ball Court 7) Kiddie-Car Track 8) Remote Control Boats and Pond 9) Swimming Pool 10) Outdoor Roller Skating Track ). 11 ) Boat Rental Facilities ./ I' l r 12) Any other similar and compatible recreational use ra approved by the Zoning Director. 6 i - -10- t Y. eooK 018 P! 204 4 C . b) ACCESSORY USES 1) Signs as permitted by the zoning ordinance of Collier County • 2) Walls and fences constructed of materials and i finishes architecturally compatible with the X concept of "Princess Park" or buffered and land- scaped shall be permitted subject to the A, provisions of the Collier County Zoning Ordinance and this document. I 5.3 PROHIBITED USES Video Games 5.4 MAXIMUM HEIGHT OF STRUCTURES The maximum height of all structures shall be 30 feet. # Fences will be limited in height to 8 feet, except adjacent to the driving range located south of the project, where fence height will be limited to that required to safety screen parking and recreational facilities from golf balls. 5.5 OFF-STREET PARKING Off-street parking shall be provided as directed by the Zoning Department of Collier County at the time of approval of this document and shall remain until such time as the County Zoning Director determines that parking is insufficient to accomodate further expansion, at which time such expansion must stop until additional parking is installed. { 5.6 HOURS OF OPERATION DAY HOURS OF OPERATION TRACK ONLY Sun Noon - 9:00pm 9:00pm Mon 10:00am - 10:00pm N Tues - " " • u- Thurs N - " Fri 10:00am - Midnight 10:00pm Sat 10:00am - Midnight 10:00pm I • -11- i - MX O1(7 pw 205 - "t SECTION VI • :H EXEMPTIONS FROM SUBDIVISION REGULA' :AS .,- 6.1 PURPOSE - The purpose of this section is to describe those require- :. ments of the Collier County Subdivision regulations from • which Princess Park will be exempt. 6.2 NO EXEMPTIONS y Princess Park does not come under the provisions of the ? subdivision regulations. s r 4 k 76 I! i i . F .1 ,r 1 1' i g• T 3 • 1 f Ai id 1 4 b• 'i . -12- .. tr" BOOK 018 Pict 2U6 , , t SECTION VII t - - DEVELOPMENT COMMITMENTS i 7. 1 PUR" 1E ' . The purpose of this section is to set forth the developer's t commitments concerning the development of Princess Park. - 1 7.2 COMPLIANCE WITH MASTER SITE PLAN P i If the applicants, their successors or assigns, proceed with # the proposed development, they agree: L' A) To Do So in Accordance With: , 0 1. The approved master plan of development 2. Regulations existing when the amendment rezoning 1 the land to P.U.D. is adopted. 3. Such other stipulations or modifications as may be `:� attached to the rezoning of the land to P.U.D. s, r i rl M i I r 1 I s 4 ,A • ,1 . -13- BOOK 018 rkrt 207 AF .. - TABLE 1 POINT RATING FOR -5. . PRINCESS PARK P.U.D. ACCESS Directly adjacent to existing arterial (Airport Road) • 20 pts. , 1 WATER ci r;1 Central system (Existing 16" line along Airport Road)- 15 pts. ri F. SEWER SERVICE Septic tank 2 pts. ' IA FIRE PROTECTION 1 Within fire district with level of z4 "7" or better and within 3 `4 miles of fire station ( 1.8 miles from new Pine Ridge Station) 10 pts. s SUBMISSION AS P.U.D. 5 pts. LI • . TOTAL POINTS 52 pts. a .,,f POINTS REQUIRED 40 pts. j•a a • t 1 It �i (' i. r. 1 L -14- 1 BOOK 01 F t2e T r r • ORDINANCE 90- 51 N i AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT p- fl' ORDINANCE NUMBER 84-34, WHICH ESTABLISHED THE ENEr", `��'J1 SECTIONPRINCESS FOUR, UTTILITIES,UNIT SUB BY AND u� rr.• ,,• psi•EWER PROVISIONS, BY ADDING AS AN ALTERNATE TO ! E `r:, f-' • • IC TANK SYSTEM, INTERIM SEWER SERVICE MAY BEn R •OVIDED BY THE LONE OAK FACILITY; BY AMENDING n es. - 'CTION FIVE, PROJECT DEVELOPMENT STANDARDS, m c BSECTION 5.2, PERMITTED USES, BY ADDING VIDEO r AMES IN AN ENCLOSED AREA AS A PERMITTED USE; AND k1 ,fib BY AMENDING SUBSECTION 5.3, PROHIBITED USES, BY sli*�' DELETING VIDEO GAMES; AND BY PROVIDING AN EFFECTIVE DATE. u•: WHEREAS, on April 24, 1984, the Board of County Commissioners approved Ordinance Number 84-34, which 4_ M established the Princess Park Planned Unit Development; and r Xf . WHEREAS, George Vega representing Frank Cardillo, Constance Cardillo and Stuart Kaye, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 84-34 by amending Section Five, Project Development Standards, Subsection 5.2, Permitted Uses, by #; adding video games in an enclosed area and deleting video games from Subsection 5.3, Prohibited Uses and renumbering subsections ions accordingly. , . ;:, * NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Amendments to Section 4, Utilities of • Ordinance 84-34 of Collier County, Florida. ?^: ', Section 4, Utilities, Subsection A.3, Water and Sewer of 41 - Ordinance 84-34, The Princess Park Planned Unit Development, ', r is-hereby amended to read as follows: r.: SECTION IV F° t Utilities . ,- 4.3 WATER AND SEWER PROVISIONS ii. The Project will be served by the efty-ef-Naples Collier County Water-Sewer District's water system. Sewage will be handled by septic tank and drainfield. Installation will comply with Chapter 10D-6 of F.A.C. However. as an Alternative to the adjacent interim sewer treatment facility operated by the Lone Oak Homeowners' Association. Inc. Any • such interim sewer service shall be first subject to the execution of an Agreement between the operator of the Lone Oak utility. the owners of Princess Park and Collier County Words-atrnek-through are del�eeted; words underlined are added. DUCK 'TA 234 - -- Attachment B _____ 111111 MI 111111 • , 'Which contains the terms and requirements contained in .. ,•'` '. similar standardized aareementa then entered into by the county where interim service is provided to developers by . third party providers. Anv connection to the Lone Oak sewaae. ' treatment facilitie shall not in any manner whatsoever alter ,e -. or diminish the owner's/developer obligations to connect to t� the County's central sewer system upon availability. '- SECTION TWO: Amendments to Section 5, Project Development Standards, of Ordinance 84-34 of Collier County, Florida. Section 5, Project Development Standards, Subsection 5.2 Permitted Uses, of Ordinance 84-34, the Princess Park Planned ?°* Unit Development, is hereby amended to read as follows: . A. SECTION V € . PROJECT DEVELOPMENT STANDARDS 1 • {};' :',, 5.2 PERMITTED USES ' ,tit::.- .0:• No structure or facility or part thereof shall be erected, -,(1) altered, or used; or any land or water used in whole or in , ,: part, for other than the following: x;: {= a) Principal Uses w 1) Buildings for an office, maintenance facilities, storage, ticket sales, snack bar, recreation room and similar uses. t 2) Miniature Golf Course ' `,n - 3) Mini-Car Track k. . 4) Bumper Boat Pond • i;te 5) Batting Cage - go 6) Aero-Ball Court • ' •.. 7) Kiddie-Car Track 8) Remote Control Boats and Pond ! ,: ;; 9) Swimming Pool Vr.... 10) Outdoor Roller Skating Track �" 11) Boat Rental Facilities &.: 12) Any other similar and compatible recreational use ;: approved by the Zoning Director.• 13) Video awes within an enclosed area. SECTION THREE: Amendments to Section 5, Project Development Standards, of Ordinance 84-34, of Collier i' County, Florida. I*. ;: Section 5, Project Development Standards, Subsection �� t.. 5.3, Prohibited Uses, of ordinance 84-34, the Princess Park }' Planned Unit Development, is hereby amended to read as Words-strnek-through are deleted; words underlined are added. Y MMK Jd PEI 4 j ' follows: .. • . 5.3 PROHIBITED USES I. ., ; s IVO:d:::::ae:ONFLICT AND SEVERABILITY • ; . ''.3": f',;-- In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the • .. more restrictive shall apply. If any phrase or portion of • . the Ordinance is held invalid or unconstitutional by any fr court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such lk. `-t holding shall not•affect the validity of the remaining , portion. in:ffective Date :14 *SECTIT:i::::: Secretary 111 nee shall become effective upon receipt of of State that this Ordinance has • i 1 • 1been filed with the Secretary of State. DATE: June 12, 1990 BOARD OF COUNTY COMMISSIONERS ,-■ ' COLLIER •' , FLORIDA k' elfgPr AdArir ATTEST: BY '' 41SiOtilia At 4 JAMES C. GILES, CLERK MAX A. HASS , •., C • . :, -' , ..,'„ - .':''.. •"" d - 1 ..:,. ..; - • . • • - --- - i 1 4., AS TO rbRm AND LEGAL SUFFICIENCY: i . • .1. This ordinance filed with ihs 1 , ,*-Tht.i.A...4;F-Thitytt,titt•s‘t Ss4zVay°fall, cc Off.1.0 . : , ,1 RARPFCRIE-111:„A ENT day• ..1.1 ASSl 4. .., that ' • '.' ifitAITTItO UNTY ATTORNEY and - 47 fil received • day PDA46-2 ORDINANCE AMENDMENT of/ -- • ,. . -s‘fa • . •. nb/3028 aptwook _ r4C, a , 1 !.. ,. ..., -C r .•• • A k ' . [ . t , 't '4 1 I p r;h 1 A. i., t , „. : Words-struck-through are deleted; words underlined are added. rot,. .. : .. . ... ... • -3- , l 600K 39 PVE 236 .; ...-. WM . . , . .;. • '..;. -.- - . .!.-. •- , , ,.•*;s,,I.,;,'',-, d' .-:.': .- . ' . ',.1„V,,,,,-.-: • • .-■.., A,,:47..'.7 . . ■ , ,..,. ,..,„. . ; 7 . t 1 , 1, 14,■.4. ,: •...., • f 1 . %.;.'.'• ''.., 4'.., %4 • t:■Hfre.':.-: , . .. 1 j f-.:-...4.:• • . . • , I '-i5 .: ,- '' T • , . ii 4 11 .. . TATZ 07 FLORIDA ) ..., ,.. ••:,",:;::., , . . . . i :..,.,. COUNTY OF COLLIER 1 ,• - ,,;C.; • I, JAMES C. GILES, Clerk of Courts in and for the -* 4 , 1:-....1 ..: Twentieth Judicial Circuit, Collier County, Florida, do . , .. •,,:c . hereby certify that the foregoing is a true copy of: . . ,v-,..., • . .. , Ordinance No. 90-53 . . :j. . • which was adopted by the Board of County Commissioners on r . q: -.-i.:',"' • f*---" the 12th day of June, 1990, during Regular Session. . ;,.-- WITNESS my hand and the official seal of the Board of . , t- , .i.?.;?,;;.: -.,:..• •-f,‘:. ... :.,.674-71.,.— County Commissioners of Collier County, Florida, this 20th - 1 '. County s.. • ,1Aias ,,. .. :..,: day of June, 1990. ..:-.. - r. ....,. -, .:1*•%,' JAMES C. GILES Clerk of Courts and Cr.rk - • Ex-officio to Board of , / - • • ' :. County Commissioners •!. • .. .- .• . i, • • s' ..0-,:- • .. . . 7;f.1.: - .• • : /s/Maureen Ken n .k.:: Deputy Clerk •1::::::: • , , • . a;;OK 39 PA,r 237 . ,,.=4... -N-,. • ., 7--:., -- . '..'.. , . („. ,.. lc' ' t ''' '0;' ,;:. i:::.-• i, ; - _....., . •• r, i :-,...-,-:•-• -. . ..:,, i',' r,,•1•1:f:.l.. ,-, ,",:::, '4.:-'. ' 1..;,-.,... •,- . - .:.'a . _ • — — Cottiet County Growth Management Division — Planning & Regulation Planning &Zoning Department October 31,2012 Mr. Tim Hancock,AICP Davidson Engineering,Inc. 3530 Kraft Road, Suite 301 Naples,FL 34105 RE: CPI-PL20120001364,Official Interpretation for Top Hat Auto,Request for an Official Interpretation of Policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan a/k/a Comprehensive Plan. Dear Mr. Hancock: Pursuant to Land Development Code (LDC) Section 10.02.02.F, you have asked the Planning& Zoning Director ("County Manager or his designee") to render an official interpretation pertaining to the application of Policy 5.1 of the Future Land Use Element(FLUE)of the Collier County Growth Management Plan(GMP)a/k/a Comprehensive Plan. The subject site, comprising ±11.3 acres, was rezoned to Princess Park PUD, Planned Unit Development, in 1984(Ord.No. 84-34)-under the 1983 comprehensive plan-and the PUD was amended in 1990 (Ord. No. 90-53). The PUD contains a detailed PUD Master Plan and is approved for a variety of indoor and outdoor recreational uses. The property is currently developed and is known as King Richard's Family Fun Park. Under the 1989 GMP, the site is deemed"consistent by policy"pursuant to FLUE Policy 5.9 pertaining to "improved property"— property that was zoned inconsistent with the Future Land Use Designation Description Section and Future Land Use Map but was already developed. The applicant proposes to rezone the site from the Princess Park PUD to a new PUD to allow an automotive dealership with a full range of accessory uses such as maintenance and repair of vehicles. The purpose of this request is to have staff make a formal determination that the proposed rezone is, or is not,consistent with FLUE Policy 5.1. FLUE Policy 5.1 states,in relevant part: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall Attachment C Mr.Tim Hancock October 31,2012 Page 2 of 4 intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. *** *** text break *** *** *** e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of each part. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? • This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning districts - lowest zoning classification - in the Collier County Land Development Code (LDC). The existing Princess Park PUD permits specified indoor and outdoor recreation and amusement uses: • Building for office, maintenance, storage, ticket sales, snack bar, recreation room and similar uses • Mini golf course • Go cart track • Bumper boats • Batting cages • Aero-ball • Remote control boats • Swimming pool • Outdoor skating track • Boat rental • Video games in enclosed building • Similar and compatible recreational uses approved by the Zoning Director. The LDC lists the following uses: Mini golf— permitted conditional use (CU) in C-3; Coin operated amusement devices—permitted CU in C-3, permitted by right in C-4; Amusement and recreation services,indoor-permitted by right in C-4;Amusement parks-permitted CU in C-4; Go-cart track-permitted CU in C-4. AND Motor vehicle dealers, new only - permitted by right in C-4; Motor vehicle dealers, used only - permitted CU in C-4. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II:Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district(based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? 2800 North Horseshoe Drive,Naples,FL 34104 Phone:(239)252-2400 www.collieraov.net Mr.Tim Hancock October 31,2012 Page 3 of 4 It is important to note that FLUE Policy 5.1e.refers to the existing zoning district,not existing development. The applicant correctly compares what is allowed to be developed under the existing Princess Park PUD zoning on the site,not the actual development that exists on site. Also,it should be noted that the existing PUD zoning includes several integrated uses,rather than the more typical independent uses. For example,the snack bar/restaurant is not freestanding,rather is within the building with arcade games- seating is shared by the snack bar and those using the games as well as other patrons and guests. The applicant provided a comparative analysis of public facility impacts indicating the following: Arterial and collector roads—reduction in weekday PM peak hour trip generation by 122 trips Drainage—no change Potable water and sanitary sewer—reduction in daily demand of 5,920 gallons per day Solid waste—reduction Parks and recreation—no change/no impact. Staff concurs that there is a decrease in road trips and water/sewer consumption/generation,and no increase for drainage and parks and recreation,but that solid waste generation will increase with the proposed use. However,this increase does not outweigh reductions for other public facilities. Conclusion: The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. Determination of this Request for Official Interpretation: The proposed zoning district is deemed consistent with Future Land Use Element Policy 5.1 in the Growth Management Plan. Pursuant to Division 10.02.02.F.of the LDC,this interpretation has been sent to you via certified mail,return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. 2800 North Horseshoe Drive,Naples,FL 34104 Phone:(239)252-2400 www.collieraov.net Mr.Tim Hancock October 31,2012 Page 4 of 4 Sincerely, Mike Bosi,AICP Manager, Comprehensive Planning Section Interim Director,Planning&Zoning Department Growth Management Division/Planning and Regulation Cc: Collier County Board of County Commissioners Leo Ochs,County Manager Collier County Planning Commission Nick Casalanguida,Administrator,Growth Management Division Jeff Klatzkow,County Attorney Heidi Ashton-Cicko,Assistant County Attorney 01 Determination Letter CPI-PL20120001364 Top Hat Auto G:\CDES Planning Services\Consistency Reviews\2012\OI\Top Hat Auto-Tamiami Hyundai-Princess Park PUD dw/10-31-12 2800 North Horseshoe Drive,Naples,FL 34104 Phone:(239)252-2400 www.collieroov.net DE DAVIDSON ENGINEERING MEMORANDUM TO: Nancy Gundlach,AICP, Principal Planner FROM: Tim Hancock,AICP October 16, 2012 RE: NIM Summary Notes for Top Hat PUD and GMPA A Neighborhood Information Meeting was held on Tuesday, October 16, 2012 at the Collier County Public Library at 2385 Orange Blossom Drive. The meeting was properly advertised and started at 5:30 pm. A total of 40 individuals attended, based on the attached sign in sheet. In addition,the following individuals were present: • Nancy Gundlach, Principal Planner, Collier County • Corby Schmidt, Principal Planner, Collier County • Tim Hancock,AICP,Davidson Engineering • Josh Fruth, Davidson Engineering • Tim Zellers, Applicant and Property Owner Tim Hancock opened the meeting by introducing himself, Nancy Gundlach as the County Planner and Corby Schmidt with Comprehensive Planning. Then Mr. Hancock discussed the purpose of the meeting, which was to explain the project to neighbors and to obtain input from interested parties. Both the GMPA and the PUDA were advertised to be heard at this meeting, and Mr. Hancock explained that the GMPA may be withdrawn due to it not being necessary but that the project description being provided was suitable for both applications. Mr. Hancock then proceeded with a power point presentation, describing the elements of the project. With the use of aerial exhibits, he showed the location and size of the property. He stated the purpose of the Rezone Application was to eliminate the existing, permitted uses and replace them with a single permitted use which is a new and used car automotive dealership. He then explained that the use would include accessory uses such as automotive repair and service, a parts department, vehicle storage for inventory and the like. The project entrance would remain in its current location and the project as proposed represents a reduction in traffic, water and sewer demands and other public facilities when compared with the current zoning. Mr. Hancock then showed a comparison of the existing, approved MCP and the proposed MCP, highlighting the distance between the rear property line and the nearest building being over 500'. He then showed a colored site plan as well as a building elevation from Airport Rd. 3530 Kraft Road,Suite#301 Naples,Florida 34105.Phone:239.434.6060•Fax 239.434.6084 www.davidsonenaineerinq.corn Davidson Engineering, Inc. Attachment D emphasizing that this exhibit was intended solely to identify the intended style of architecture. Exhibits were then described showing the existing buffer areas along the east and north property lines and the proposed buffers as shown on the MCP were discussed, including a 6' privacy wall where the project is adjacent to residential homes. Due to the existing site impacts, there will be no native preserve required. At the end of the presentation, Mr. Hancock again summarized the projects and the following questions were addressed: 1. Why can't we go further up the road where there is empty land, less than one mile away? It was explained that locating an automotive dealership which is a use consistent with C- 4 and C-5 zoning is not easy and it is important to locate the business in an area that is central to it's customer base. 2. What is the signage going to be like? A Pole or Ground sign in the 15"to 20'height range would be permitted as well as on- building signage consistent with the LDC. 3. Lighting-How much? How tall? No lighting will be installed around the lake. 25'is the maximum height and it must be shielded from residential areas. 4. Will there be outside speakers or paging systems? No 5. How late are you open? Current dealership hours are 7pm most days, 5pm on Saturdays and 4pm on Sundays. 6. Can car wash area be moved to where it is not quite so close to the swimming pool? The applicant indicated that they would look at this further and may consider increasing the buffering in that area. 7. Will we transfer new employees in from other dealerships or hire local people? This expansion will create approximately 70 new jobs and current employees will be moved from the existing business location with additional employees being hired locally. 8. Is the customer base moving? Yes. The population center in Collier County continues to move north and northeast. This is one contributing factor to businesses such as this moving from the East Naples area to more northern locations. 9. How bright will the lights be and will they be taller than 25'? The LDC maximum is 25 feet but the applicant will confirm this. The county requires a lighting plan which much show lumens for each fixture. The applicant will try and be as sensitive as possible while maintaining the minimum security and business needs possible. 10. Isn't lighting for residential vs commercial different? Yes, but the lighting will comply fully with the LDC requirements, using the minimum lumens necessary for operation. Shielding requirement applies. 11.A concern was stated that this is the first commercial/industrial property going in on Airport Rd. so it is changing the complexion,even as inconsistent as the recreational use is. It was said that this project is now changing the complexion of Airport Rd running north. Car dealerships like to coagulate and this opens the door for a type of development that is not favorable for residential and not favorable for the County. This resident said they would much rather have commercial shopping,keeping with the rest of Airport Rd . The applicant discussed that there is commercial development up and down Airport Rd, including Industrial development as close as 500'to the project site and that the intensity of use being proposed is equal to or less than what it is currently zoned for now. 12. One resident expressed that they didn't think the dealership would fit here and that is was going to discourage property values. They did not want it next to Walden Oaks. 13.Another resident expressed that"whatever is going to be there is way better than what is there today". They further expressed that they would it was better to be next to a dealership than a"dilapidated castle". 14.Aren't you grandfathering a legal aberration? King Richards never had a legal building permit. Will we have a problem? This was an opinion issued by a resident. The applicant has no knowledge of any permit issues and the existing improvements will be torn down subsequent to the rezoning of the land. 15. Can I give them an example of a dealership that would be similar? Can answers to questions be sent out to everyone? The application offered to meet with a designated group of homeowners, but will also attempt to communicate any answers to questions posed with individuals who provided information on the sign in sheet. Mr. Hancock also offered his business cards to anyone who would like to contact him directly with questions. 16. How far along is the project? Has it closed? The project is probably about 3-4 months from public hearings and the property is under contract but has not closed. 17. Is there a representative from King Richards? The applicant indicated that they were not aware that anyone from King Richards was in attendance. 18. Would you see the cars? Yes, display vehicles would be visible from Airport Road 19. King Richards has been there for 20 years,they have not maintained their fence, it is a disaster,tremendous noise when you are at the pool. The noise levels will go down dramatically and the fencing will be repaired and maintained 20. An adjacent property owner indicated that they work every day right next door and welcome the project because all they hear is go-karts all day long. They stated they thought this was a good project and a good fit and they supported it. 21. One resident expressed that they would not want to tell people `I live next to King Richards',nor would they want to say that they live next to a car dealership. They expressed concern that the area would become a magnet for car dealerships and they would prefer to have the residential. Mr.Hancock then thanked everyone and the meeting concluded at approximately 6:25pm October 20,2012 �� Ms. Nancy Gundlach, Principal Planner Collier County Growth Management Division Planning& Regulation Zoning 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Re-zoning King Richard's Park Dear Ms. Gundlach: This letter is written on behalf of the three (3) under-signed property owners in the Walden Oaks development. All three of us are strongly opposed to the property being turned into a car dealership. We are aware that there are many parcels of undeveloped land in the Orange Blossom — Airport vicinity. However,there is no need for these parcels to be zoned for commercial or retail uses. As you know, there has been an increasing amount of residential development in this area over the past 10 years. Interest in residential ownership has evolved with developments at Tiburon, the Baptist school, the new government building, and the splendid new Collier County library. Additionally, residences in this area have easy access to — without interference from -- the major retail developments on Vanderbilt, Pine Ridge, and Naples Blvd. Our neighborhood does not need more retail or commercial business. We beg you to continue zoning this area for predominantly residential purposes — to continue to create a peaceful "neighborhood" section of Collier County. We are middle-income owners and would welcome more middle-income residences for teachers, medical workers and first responders. As a planner,you must be able to foresee the"snowballing"danger that a car dealership could have on our area: that is, as soon as one dealership is in place, there will be another and another. We are fearful that our beautifully-landscaped Airport Boulevard will wind up looking like U.S. 4.1 in Fort Myers, and that our property values will plummet. As long-time owners of Walden Oaks' homes, we are aware of King Richard's desire to sell. However, as the Naples Area Board of Realtors points out in today's Naples Daily News, "the coming months will be a good season for sales. . . . The Naples area has just moved from a buyer's market to a buyers' and sellers' market with tremendous opportunities for both." In short, this is far from being the last opportunity for King Richards to find a buyer that will be a suitable fit for Walden Oaks' residents. A car dealership is just NOT the right fit for us! `Ei�z'abeth M. Lynn, Ph.D. 6519 Ilex Circle (239)254-1955 XR/1,14/(--E_ I "`T; / ,, Danuta G. Feller 6517 Ilex Circle @Alt_ Marguerite Black . 6510 Ilex Circle n (239)566-9923 Attachment.E it 321 rI Major Group 55.—AUTOMOTIVE DEALERS AND GASOLINE ! SERVICE STATIONS The Major Group as a Whole This major group includes retail dealers selling new and used automobiles, boats, recre- ational vehicles,utility trailers,and motorcycles including mopeds;those selling new automo- bile parts and accessories; and gasoline service stations. Automobile repair shops maintained by establishments engaged in the sale of new automobiles are also included. Establishments r j' primarily engaged in selling used automobile parts are classified in Wholesale Trade, Indus- try 5015. Industry Industry No. No. ' 551 MOTOR VEHICLE DEALERS(NEW AND USED) 5511 Motor Vehicle Dealers(New and Used) Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts, tires, batteries, and auto- I: motive accessories. These establishments also frequently sell pickups and vans ;j ? at retail. Automobile agencies(dealers)—retail Motor vehicle dealers, new and used (' Automobiles,new and used—retail cars—retail it Cars,new and used—retail Pickups and vans,new and used—retail I 552 MOTOR VEHICLE DEALERS(USED ONLY) 5521 Motor Vehicle Dealers(Used Only) Establishments primarily engaged in the retail sale of used cars only, with no sales of new automobiles. These establishments also frequently sell used pickups and vans at retail. Antique autos—retail Pickups and vans,used only—retail Automobiles,used cars only—retail Motor vehicle dealers,used cars only— retail 553 AUTO AND HOME SUPPLY STORES I'I 5531 Auto and Home Supply Stores Establishments primarily engaged in the retail sale of new automobile tires, batteries,and other automobile parts and accessories. Such establishments fre- I� quently sell a substantial amount of home appliances, radios, and television sets. Establishments dealing primarily in used parts are classified in Whole- sale Trade, Industry 5015. Establishments primarily engaged in both selling and installing such automotive parts as transmissions, mufflers,brake linings, and glass are classified in Services,Industry Group 753. Automobile accessory dealers—retail Speed shops—retail I I. Automobile air-conditioning equipment, Tire dealers,automotive—retail sale and installation—retail Tire,battery, and accessory dealers— Automobile ': parts dealers—retail retail Battery dealers,automobile—retail i • • • Attachment F• • ' 372 STANDARD INDUSTRIAL CLASSIFICATION I Industry Group industry 751 AUTOMOTIVE RENTAL AND LEASING,WITHOUT DRIVERS—Con. 7519 Utility Trailer and Recreational Vehicle Rental—Con. I Mobile home rental,except on site Trailer rental Ij Motor home rental Utility trailer rental 1 Popup camper rental i 752 AUTOMOBILE PARKING 7521 Automobile Parking 11 I I Establishments primarily engaged in the temporary parking of automobiles, usually on an hourly, daily, or monthly contract or fee basis. Establishments 1 ii ' i primarily engaged in extended or dead storage of automobiles are classified in ;' i Transportation,Industry 4226. '' Garages,automobile parking Parking structures Parking lots Tow-in parking lots II . f 753 AUTOMOTIVE REPAIR SHOPS I A j' 7532 Top,Body,and Upholstery Repair Shops and Paint Shops ,111 (, Establishments primarily engaged in the repair of automotive tops, bodies,. 1 I • and interiors,or automotive painting and refinishing.Also included in this in- a ,l dustry are establishments primarily engaged in customizing automobiles, trucks, and vans except on a factory basis. Establishments primarily engaged in customizing automobiles, trucks, and vans on a factory basis are classified ■ ;'4. : in Manufacturing,Industry Group 371. Antique and classic automobile restore- Automotive trim shops r; d�,I Bump shops(automotive repair) ;I� lien i Automotive body shops Collision shops,automotive I I Customizing automobiles, trucks or l Automotive interior shops I! vans:except on a factory basis Automotive paint shops rsl',:1 Automotive tops(canvas or plastic),in- Upholstery repair,automotive ,'( 1 stallation,repair,or sales and instal- Van conversions, except on a factory j;.11., 1 lation basis • r'' 1 7533 Automotive Exhaust System Repair Shops 1 Establishments primarily engaged in the installation,repair, or sale and in- 3' 1 stallation of automotive exhaust systems. The sale of mufflers, tailpipes, and ' I'1 catalytic converters is considered to be incidental to the installation of these c. t I i products. ', :i Catalytic converters,automotive:instal- Exhaust system services,automotive lation repair,or sales and iastalla- Muffiers, automotive: installation, I tion repair,or sales and installation 1 I "I L 7534 Tire Retreading and Repair Shops 1 "I I ', Establishments primarily engaged in repairing and retreading automotive ., ' r tires. Establishments classified here may either retread customers' tires or re- , 3}} tread tires for sale or exchange to the user or the trade. ,,, { Rebuilding and retreading tires for the lire repair shops Tire studding and restudding trade i 4II Retreading tires Vulcanizing tires and tubes Tire recapping I i, t r r1 1 'Ii. I py ;• (F , �`' 3g r • 373 SERVICES i Industry ' No. AUTOMOTIVE REPAIR SHOPS—Con. 7536 Automotive Glass Replacement Shops engaged Establishments primarily e ed in the installation, repair, or sales and installation of automotive glass. The sale of the glass is considered incidental to the replacement. 1. Glass replacement and repair,automo- */' tive ' 7537 -Automotive Transmission Repair Shops :; Establishments primarily engaged in the installation, repair, or sales and installation of automotive transmissions.The sale of transmissions and related 't parts is considered incidental to the installation or repair of these products. ,. I 41 Automatic transmission repair,automo- Transmissions,automotive:installation, s i the repair,or sale and installation I Transmission repair,automotive j 1 7538 General Automotive Repair Shops 1 `4; Establishments primarily engaged in general automotive repair. Establish- t ments primarily engaged in industrial truck repair are classified in Industry i 7699. Automotive repair shops,general Garages,general automotive repair and service Diesel engine repair,automotive service Mserr cepair,automotive Engine repair,automotive Truck engine repair,except industrial Engine repair.truck:except industrial ." 7539 Automotive Repair Shops,Not Elsewhere Classified Establishments primarily engaged in specialized automotive repair,not else- , where classified, such as fuel service(carburetor repair),brake relining,front- end and wheel alignment, and radiator repair. Establishments primarily en- i! gaged in automotive welding are classified in Industry 7692. ;t' Frame repair shops,automotive I. Air-conditioner tome v repair,automotive Front end repair,automotive t Automotive springs, rebuilding and .` repair Fuel system conversion,automotive r, Axle straightening,automotive Fuel system repair,automotive Brake linings,sale and installation Generator and starter repair,automo- live F ve Brake repairing,automotive Carburetor repair Radiator repair shops,automotive Electrical service, automotive (battery Wheel alignment,automotive and ignition repair) €' 754 AUTOMOTIVE SERVICES,EXCEPT REPAIR i; 'j 7542 Carwashes a 34 Establishments primarily engaged in washing, waxing, and polishing motor vehicles, or in furnishing facilities for the self-service washing of motor vehi- m des. I t Bus washing Laundries,automotive z Carwashes Truck washing Washing and polishing,automotive IF Cleaning ut and Polishing(detailing)contract or Waxing and polishing,automotive autos for dealers on a contract or fee basis �■„,‘ Detailing(cleaning and polishing)new i autos for dealers on a contract or fee I I basis i is ii 1 4. (PLEASE PRINT CLE x ARLY) Agenda Item # MEETING DATE / Ci ( rcle Meeting Type) iegutai Special Workshop Budget AGENDA ITEM TITLE 0 ; -- NAME f= � �'7/4 ADDRESS / f . — , Representing/Petitioner: /), , , ,_. r - �!' !-'„ -fit ..3 . Other: COLLIER COUNTY ORDINANCE N0. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES TH AT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED T0, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE TO ADDRESS ONLY THE CHAIR E BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD-):::1" (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE l / (Circle Meeting Type) egufflr Special Worksho p Budget et AGENDA ITEM TITLE C NAME � j� 2 /3„/z6--74 1, ADDRESS illy/,-� �f.PGGz Representing/Petitioner: 4//j&>./��5' Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARbO PRINT CLEARLY(PLEASE CLEARLY) Agenda Item #g MEETING DATE / —/ (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE k 2-3 S NAME j 1�r 4 /j ADDRESS 2? 3/L ' ( �cc. A(I t - 5 Other: Representing/Petitioner: / ,�� , � � D -> s� l� COLLIER COUNTY ORDINANCE NO 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS - SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR NCO PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD T (PLEASE PRINT CLEARLY) Agenda Item ## 5 MEETING DATE / 3 (Circle Meeting Type) Regular Special 9 p al Workshop Budget AGENDA ITEM TITLE k f LJ G (L.IC j 41? C�S 7 , NAME )Jo / G;�� /1r/h471 ADDRESS �� vtic U/� /17/vi trio //_ 3V/6 Representing/Petitioner: �� 10e4+ Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # I MEETING DATE / (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE NAME %, ±,.fY .T ADDRESS Represen mg/Petitioner: I`� i Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD PRINT CLEARLY A Item # A (PLEASE CLEARLY) Agenda 9 � MEETING DATE _3 (Circle Meeting Type Regull Special Workshop Budget � J�/ AGENDA ITEM TITLE fr j'4� ,)6-74 , x'14/ NAME DA //) ,��2Z L% �L C ADDRESS ��; : y am✓ f /� ' Representing/Petitioner: f��/�z% o-.r/ 44-X5' *A- Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD PUBLIC NOTICE PUBLIC NOTICE 1. NAPLES DAILY NEWS (( Friday,December 28,2012 (( 11A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- R Her County Planning Commission(CCPC)at 9:00 A.M.,Thursday, January 17,2013 in the Board of County Commissioners Meeting / 6 Room,Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples,Florida 34112,to consider: PUDZ-A-PL20120000726,The Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Or- dinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No.2004-41,as amended,the Collier County Land Development Code,which established the comprehen- sive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real prop- erty from the Princess Park Planned Unit Development Zoning Dis- trict to a Commercial Planned Unit Development(CPUD)Zoning Dis- trict for an 11.36+/-acre parcel to be known as Top Hat Auto CPUD to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1,Township 49 South,Range 25 East,Collier County, Flor- ida; providing for repeal of Ordinance No. 84-34, as amended,the Princess Park PUD; and providing an effective date. [Coordinator: Nancy rGundlach,AICP,RLA,Principal Planner] EWpRTINN BRIGHTON VIN�DR RDS VINEYARDS MONTEREY GARDENS - ) MGR) EMERALD CTRUS LAKES x GAIRDENS OAK (5) GROVE 6 2 cw '7&11" t 1$11211 1 l_ PROJECT IN SLEEPY \ it CENiERES IRST HOLLOW .ym�NN o DAPTST LO CATION CHURCH i = v W KEYSTONE PLACCE, O (S) oa PRINCESS PARK , ARK ¢ 6 OGADEN GATE ESTATES `? MANCNESTE-R-N— 8 UNIT 35 PINE AIR SQUARE 11 (SRI) uPARK 12 ANGILERI(5) CENTRAL CYPRESS pRTN GLEN CAMBRIDGE RAGCE PINE RIpGE 8 / SUMMER88ND SQVARE (5) CO{SERS a L1J / NAPLES ll)) (CR.886) GATEWAY CLESEry PINE RIDGE ROAD All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presen- tation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday,January 17,2013,in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter con- sidered 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 any accommoda- tion in order to participate in this 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 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County,Florida Melissa Keene,Chairman No.231195043 December 28.2052 iii 9 A ....; Irr et 1 . t r , 4,... . 1.• ..,4 Iii".:'. ?,1, 0 ' 1 , ..A. .. ,.. .0.• . , , rk, .. ., ,, • .: I. , , , ., ,,,,,, . ,___". -., : i!, . ,_ ___, , z z i ' =1 0 ,. s'. .4: :: - '.,... ' + tif . . -2' '-,z..'• 4, et i D -,-.. a ._ 4 tt; ' ', ' !' . . %irk, , 'T I, M ti It At• Ai . k*A\11.., . a .• Z ^ - '"_,..s _• . • r r' lr•r l . � rn GI . : 'a. 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F_ kW z ET Z a M 4) 2:::::::::2 5 U) a o m 0 .....MMMMM E 0 g A a Vra =a s a cm 0 g . 02I.0 0.17,72 b a rtau=ge-iiat = =at =021— . amem Zaa.c . 00E ,tro — 41,0m= a- -EzEr. , -- a * -- = 0. 0790750* 2 2112M<ICW=Wal> gr.4,011 673 In In In In eV WI In In WU y- In *1 yi 46 Mi It 0 g' 2 g -. ---.. -1 g= ■S 0 to I 0 0 0 I zmzxxi4 ,It w- i- a—ws Z ft =- h .. ............ 0. 9 D.General Commercial District(C-4).The general commerci.i I district(C4)is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of --... scale,coupled with the type of activity.The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services,including entertainment and recreational attractions.,at a larger scale than the C-1 through C-3 districts.As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district The outside storage of merchandise and equipment is prohibited.except to the extent that it is associated with the commercial activity conducted on-site such as,but not limited to,automobile sales,marine vessels,and the renting and leasing of equipment.Activity centers are suitable locations for the uses pennitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GIVIP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses,as defined with a number from the Standard Industrial Classification Manual (1987),or as otherwise provided for within this section are permissible by right,or as accessory or conditional uses within the general commercial district(C4). 16. Automotive vehicle and equipment dealers(5511 and 5599,new vehicles only). c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district(C-4), subject to the standards and procedures established in section 10.08.00 4. Automotive dealers and gasoline service stations(5521, 5551, 5561,5599 outdoor display permitted). E. Heavy Commercial District(C-5). In addition to the uses provided in the C4 zoning district,the heavy commercial district(C-5)allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business.The C-5 district permits heavy commercial services such as full-service automotive repair,and establishments primarily engaged in construction and specialized trade activities such as contractor offices,plumbing, heating and air conditioning services,and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened.The C-5 district is permitted in accordance with the locational criteria for uses and the goals,objectives,and policies as identified in the future land use element of the Collier County GMP. 1.The following uses,as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right,or as accessory or conditional uses within the heavy commercial distinct(C-5). 112. Motor vehicle dealers,new and used(5511,5521) 18. Automotive repair services(7532—7539). --. 35. Carwashes(7542),provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. EXHIBIT C: ii9A MASTER PLAN ' 5 . �o1 4 — z- 4 ., , ,,,, : ! ,_,• u 0 0 !k ppzz t N K <u00 5 g $i= s -iii /g El!l ,$fi,,lp'.' S33J5Wdl_43d1.1 0051_ __ ssq��GD 3: --......' 8, il iiv„ 1 it1 T il ii 4$. ! b< coo moon 11 No zh' !?-° '1'pi —_� #g , igil tl—_I I N gR,— WI o, Osa ti � —i - N � [01? . poi A' II++._#[1:f : aia- ,�.... — I Onau Qt 0 1 F _ , ,-1z 0 E ma i / ;: < % ■ 11 III I < a9gN 0 d Ili I O . II 1 ; o I I 0 d qg ,, 1 { p[ '.."1 Illilillli I\.1 lq\L■ ill II II — Ng I IL]NL kn - o/ '1111111 -1 1„ E I E f Jo a ado 1?:1o&id 0 N 4 ii I • Top Hat CRUD Revised December 3, 2012 Page 3 of 6 EXHIBIT D LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right-of-way purposes. Top Hat CPUD Revised December 3,2012 Page 4 of 6 December 13, 2012 January 1/, 1013 PUDA- PL20120000111 Creekside Commerce Park CPUD Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday. December 28, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches Iona in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326 - 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDA- PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2006 -50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial /Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman TAMIAMI TRAIL (U.S. 41) F pDr � �n v Z J of D Z Cu r mN N _ -F RANK ROAD <<.. m _0 --i z vi cn 0 _;u z -V D nn Km Km rn;rl. 00 mm � Z rn 0 O O= Z N rN OmC m � �o zD� :U �m Dmf 0 m � G7 N m n n�0 Z zmm � mmz (C.R.31) � AIRPORT - PULLING RD. m� � m0D M r rn rn D rn x G7 � Z N � PELICAN MARSH (DRI) z �D O-0 Dr m ocn ��o �o vNm N co N cr rn m m mm0 ZDr mrir X =� U) o v zD Dm= U) \ O C7 < rn N O D CA Z Z r -0 O :10 00 :A L 0 m 0 N m -Ph. To D D �r r 00 me Z� cn = co LIVINGST izm >mn z zoo P ; ;K --E G7 � Z N � PELICAN MARSH (DRI) z �D O-0 Dr m ocn ��o �o vNm N co N cr rn m m mm0 ZDr mrir X =� U) o v zD Dm= U) \ O C7 < rn N O D CA Z Z r -0 O :10 00 :A L 0 m 0 N m -Ph. To D D �r r 00 me Z� cn = co LIVINGST mm0 ZDr mrir X =� U) o v zD Dm= U) \ O C7 < rn N O D CA Z Z r -0 O :10 00 :A L 0 m 0 N m -Ph. To D D �r r 00 me Z� cn = co LIVINGST r -0 O :10 00 :A L 0 m 0 N m -Ph. To D D �r r 00 me Z� cn = co LIVINGST LIVINGST Acct #068779 December 14, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA- PL20120000111, Creekside Commerce Park CPUD (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/MAP) Friday, December 28, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 December 13, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, December 28, 2012, and furnish proof of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500140024 Account Number: 068779 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M., Thursday, January 17, 2013 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: PUDA- PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2006 -50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial /Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Busines District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 105 acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] (insert map) All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. 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. Written comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman I TAMIAMI TRAIL (U.S.41) of Z <0 r mw N N � J K:-0 vD m r �= z -F ROAD 1 5 --1 1 1) / co K m -0 -1 z L/ Fri � Z rn O N v� Z N rN O�C rn � �� ZD� �rn Dmm v m � O N z zmm � mrnz (C.R.31) � AIRPORT- PULLING RD. m�� m0D � r rn rn N � Cn PELICAN MARSH (DRI) OD � �D -0zD O Or- U)D ( M X0 �o N N >Im � 00 N N �rn r r m — — F � Z rn O N v� Z N rN O�C rn � �� ZD� �rn Dmm v m � O N z zmm � mrnz (C.R.31) � AIRPORT- PULLING RD. m�� m0D � r rn rn N � Cn PELICAN MARSH (DRI) m m O z D r mgr � =tn o�� vi O rn � W z O 0 0 :mA L O m Z C7 C7 OD K� Z (n 0 N rn �r v r Zo cn = CO LIVINGS �zm rmn m Mi -D;o >m ;u 0 7s, M m m O z D r mgr � =tn o�� vi O rn � W z O 0 0 :mA L O m Z C7 C7 OD K� Z (n 0 N rn �r v r Zo cn = CO LIVINGS 0 N rn �r v r Zo cn = CO LIVINGS LIVINGS PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florida, to consider: PUDA- PL20120000111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordi- nance Number 2006 -50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Sec- tion III, Industrial /Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maxi- mum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement com- munity and intermediate care facilities as additional uses, establish- ing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 feet ac- tual height for the CPUD property located in Section 27, Township 48 South, Range 25 East,Collier County, Florida, consisting of 105 acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presenta- tion to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land De- velopment Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier Coun- ty 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195042 December 28. 2012 MADEIRA NDRTH 23 NAP ES 24 22 M7R MEDICAL Coro°' cEN ER sw PROE. PROJECT x LLOUCHeY TRACT 22 (DR0 PAN TH VETERAN'S LOCATION GARDENS NAPLES- IMMOKALEE PARK 2 ROAD (C.R. 848) CCMMONS ORANA A KSI GREEN TREE lip SHOPP SURREY CENTER ARK PLACE CONVALESCENT iIMMOKALE E ROAD REGENT PARK PARK TA NAPLES DAILY N ENS � P AN'S RK MEDICAL MEDICAL (S) � CENTER 4 CE ER 2I n 27 ¢' 4' STONEBRIDCE 25 $c. PELICAN MARSH CRE T LAKE r (DRI) ¢, ESTATE All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presenta- tion to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land De- velopment Review prior to Thursday, January 17, 2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier Coun- ty 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No. 231195042 December 28. 2012 NAPLES DAILY NEWS Published Daily Naples, FL 34110 R EC F Affidavit of Publication JAN 0 State of Florida F I Counties of Collier and Lee Before the undersigned they serve as the authority, person, appeared Barbara Boyer, who on oath says that she serves Sales Coordinator of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florio distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on December 28th, 2012 Affiant further says that the said Naples Daily News is a ne published at Naples, in said Collier County, Florida, and that newspaper has heretofore been continuously published in sail County, Florida; distributed in Collier and Lee counties of Fl each day and has been entered as second class mail matter at office in Naples, in said Collier County, Florida, for a period year next preceding the first publication of the attached cop; advertisement; and affiant further says that he has neither pai promised any person, firm or corporation any discount, rebat commission or refund for the purpose of securing this adverti publication in the said spaper. (Signature of affiant) Sw rn to and subsc 'b d before me T 2 nd day of Jan ar , 013 (Signature of notary public) CAROLpOLIDORA Sin My COMMISSION # EE 851758 EXPIRES: November 28, 2014 '? R 1F6S' Bonded -fbru Fkhard insurance Agency PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby gwen that a public hearing will be held by the Col- lier County Planning Commission (CCPC) at 9:00 A.M.. Thursday, January 17, 2013, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, Florica, to consider: PUDA- PL2012000D111, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordi- nance Number 2006 -50, the Creekside Commerce Park Commercial Planned Unit Deveopment (CPUD), as amended, by amending Sec- tion III, Industrial /Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care reirement community and intermediate care facilities as additional uses,establishing a floor area ratio of .6 for the additional uses, and revisingthe development standards to increase the maxi- mum height for parcels east of Goodlette -Frank Road to 75 feet zoned height and 85 fee, actual height; by amending Section IV, Business District, to includehotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement com- munity and intermediate care facilities as additional uses, establish- ing a floor area rato of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-7rank Road to 75 feet zoned height and 85 feet ac- tual height for the CPUD property located in Section 27, Township 48 South, Range 25 East,Collier County, Florida, consisting of 105 acres; and by providing in effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] All interested parles are invited to appear and be heard. Individual speakers will be Imited to 5 minutes on any item. Expert witnesses shall be limited tc 10 minutes each. Persons who have been autho- rized to representa group or organization should limit their presenta- tion to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 Jays prior to the respective public hearing. Written comments must to filed with the Department of Zoning and Land De- velopment Review prior to Thursday, January 17, 2013, in order to be considered at tie public hearing. All materials used in presentation 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. If a person decide; to appeal any decision made by the Collier Coun- ty 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 persoi with a disability who needs any accommodation in order to participaie in this proceeding, you are entitled, at no cost to you, to the provison of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No 2 31 1 95042 December 28. 2012 MADEIRA � NORTH 23 C LIER NAPLES 24 22 HiAL1H MEDICAL ' COLLIER TRACT 22 p CNTER . F PROJECT VALLOL)GHBY H A GARDENS '(pq1) PAR VETERAN'S LOCATION z NAPLES -IMMOK LEE ROAD (C.R. $46) PARK COMMONS GREEN GRANA A CR KID SHOPP 5 PA TREE SURREY CENTER ZIMMOKALE REGENT LA` CONVALESCENT ROAD PARK NAPLES VE RAN'S P RK NORTHSIDE _ CENTER ` DAILY NE- Y CE TER MEDICAL (S) d, 27 - 26 O U 8 �� 4y 1 STONEBRIDGE 25 - - 1. $� PELICAN Q CRESC T MARSH (DRI, QO LANE ESTATE All interested parles are invited to appear and be heard. Individual speakers will be Imited to 5 minutes on any item. Expert witnesses shall be limited tc 10 minutes each. Persons who have been autho- rized to representa group or organization should limit their presenta- tion to ten minutes. Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 Jays prior to the respective public hearing. Written comments must to filed with the Department of Zoning and Land De- velopment Review prior to Thursday, January 17, 2013, in order to be considered at tie public hearing. All materials used in presentation 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. If a person decide; to appeal any decision made by the Collier Coun- ty 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 persoi with a disability who needs any accommodation in order to participaie in this proceeding, you are entitled, at no cost to you, to the provison of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County, Florida Melissa Keene, Chairman No 2 31 1 95042 December 28. 2012 AGENDA ITEM 9-B Co er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: JANUARY 17, 2013 SUBJECT: PUDA-PL20120000111, CREEKSIDE COMMERCE PARK CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) APPLICANT: AGENT: Creekside West, Inc. and Creekside Mr. D. Wayne Arnold East, Inc. Q. Grady Minor&Associates, P.A. 2600 Golden Gate Parkway 3800 Via Del Rey Naples, FL 34105 Bonita Springs, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by amending Section III, Industrial/Commerce District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District, to include hotel, motel, senior housing including independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities as additional uses, establishing a floor area ratio of.6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD; and by providing an effective date. GEOGRAPHIC LOCATION: .-. The subject 105± acre PUD (Planned Unit Development) is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (See the location map on the following page.) CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 1 of 17 0A,w ■----'1 "mis or 'jai /4 -g Wrill iiirml I�:,. `III W o �' o ; �; I° , ` , if,,, ,..; I a II,`, WINO �► �L IV r---witoyer ,:!,!1, ,I,:::::,,,,::.::::... ...........-.. W11, I / 7 ' •t to ;i, _, a , .:.:.:]mv: iiii:iR :::::::::::::::::::: V -FRANK ROAD O.R.0.51 4111,41. 1 Z 41111k0_ 1.1 .011 1 i ::::::::::!;::.: ..... „.:::::::::::::;:iiii: *461 *\ Z ' All" 'll cc 111:1:. ,L 4" N t , ft 01 s: •.......„.:.:.'#e 411: S 111111111111 i ii O •VAIIII PP : ! '!"'z'!!!!!::: :' •V *,:1111 9 . , . 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DM@ R Rm e�rs yr =Mine COKYERCB PARR ELP[ED Q.GR9DY 1@1DB rwn- S PI �,mid a QEALi9LE e V+ _ 'CONCEPTUAL MASTER PLAN PURPOSE/DESCRIPTION OF PROJECT: The Creekside Commerce Park CPUD project was approved in Ordinance Number 06-50 on October 24, 2006. (Please see Attachment B: Ordinance number 06-50.) The petitioner is seeking to add additional land uses to PUD Section III, Industrial/Commerce District and to PUD Section IV, Business District: hotel, motel (SIC Code 7011), independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care (SIC Code 8052). The petitioner also seeks a deviation from the Floor Area Ratio (FAR) standard of .45 for ALF (Adult Living Facility) to .60, and to revise the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property. The Project provides for the following amendments to PUD Section 3 "Industrial/Commerce District"and PUD Section 4 "Business District:" • Add new land uses: hotel, motel (SIC Code 7011), group housing and intermediate care facilities (SIC Code 8052). • A Floor Area Ratio (FAR) of.60 for group housing and intermediate care facilities (SIC Code 8052). • A maximum of 240 rooms for the hotel/motel. • A maximum of 400 beds for the for elderly group housing, limited to assisted living facilities (ALF), independent living units, skilled nursing units, continuing care retirement communities; health services,medical clinics and offices (SIC Code 8011-8049, 8052). • A maximum zoned building height of 75 feet for buildings east of Goodlette-Frank Road. In addition,the following operational requirements have been added for the group housing: • 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. The petitioner seeks to amend Ordinance number 06-50 to allow the changes noted previously. There are no changes to the boundaries of the Preserve Tracts. The Project does not propose to increase the approved density. The density is up to 620,000 square feet of gross floor area of industrial/commerce uses on tracts designated as "I/C" and up to 190,000 square feet of floor area CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 4 of 17 on tracts designated as `B." The project is further limited to 400 medical related beds and a FAR of.60, and up to 240 hotel/motel rooms. SURROUNDING LAND USE AND ZONING: North: Immokalee Road then (Collier's Reserve), 506± acres of mixed-use: 61.4± acres commercial, 385 residential units, .87 units per acre, zoned Collier Tract 22 PUD; and a 61± acre professional health center (North Collier Hospital) zoned Collier Health Center PUD, East: Collier County Utilities Division Water Plant, zoned Industrial; a 17.74± acre commercial and medical park, zoned Southwest Professional Health Park PUD, South: 2,104± acres of mixed-use: 80± acres commercial/industrial, 8,600 residential units, 4.26 units per acre,zoned Pelican Marsh DRI (Development of Regional Impact), West: 35.24± acre business park, zoned The Naples Daily News BPUD (Business Park Planned Unit Development). oe"' - :` ,yam ^- gRor x s ,, 4' _4 � fi'' 4 U1P L ' y- . € ' 1 •‘•% r. r y?." IP. 1/- O".. !• _ At Q 1, ` ',11., 4��,r r ' ,, I k 1 1 st' i 'F ri cRE£;SIDEWAY 'tt _ t -Z- 4 v Q j '�# SUBJECT � , r 1 i PROPERTY I' �; - r I . , i "a�"'i s ' 1r-4.;I .rr. _ a, _l c v� .; GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. The existing PUD, which allows a variety of commercial and industrial uses, was approved in 1997 by Ordinance No. 97-51; FLUE consistency for that approval is contained in the Statement of Compliance. The PUD was amended in 2006 by Ordinance No. 06-50 to subtract 3.11+/- acres at the northwest corner of the PUD so that it may be incorporated into the existing Naples Daily News Business Park PUD. Such amendment was deemed consistent with the FLUE by certain policies under Objective 5, and via the provision allowing medical offices and other similar uses within 1/4 mile of a major medical facility such as North Collier Hospital. In regard to the subject PUD amendment petition, no changes to the 1/4 mile restriction for medical facilities are being proposed for the additional uses as part of this amendment petition. One additional medical related use is proposed (intermediate care), and it is limited in the PUD amendment to within the 1/4 mile distance from the North Collier Hospital tract (in the Collier Health Center PUD). The proposed group housing uses (assisted living facility, etc.) are specifically allowed in the existing Future Land Use designation. In regard to the proposed Hotel/Motel use, it is not allowed by the existing Future Land Use designation. However, the existing PUD was approved based upon a prior FLUE provision and is .-. now deemed consistent by FLUE Policy 5.12. Accordingly, FLUE Policy 5.1 is applicable in evaluating the proposed hotel/motel use. It states, in relevant part: "Policy 5.1: All rezoning must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district." *** *** text break *** *** *** "e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district." FLUE Policy 5.1 contains a two-part test. Below is Staff's analysis and determination of each part. In comparing zoning district intensity, it is necessary to determine the lowest intensity zoning district(s) in the LDC (Land Development Code) allowing the existing uses in the PUD to the lowest intensity zoning district in the LDC allowing the proposed hotel/motel use. The existing CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 6 of 17 PUD allows some uses only found in the C-5(Heavy Commercial), BP(Business Park), and I (Industrial), zoning districts. The proposed hotel/motel use is allowed by conditional use in the C- 4 (General Commercial) zoning district when the site is located outside of an Activity Center, as is the case here. Commercial zoning districts in the LDC are viewed as increasing in intensity from C-1 (Commercial Professional and General Office), as lowest intensity to C-5 as highest intensity. Further, the "I" zoning district is viewed as higher intensity than the commercial zoning districts. Conclusion: The new zoning district (proposed use) is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district. In comparing public facility impacts to determine overall intensity, it is necessary to have a comparative analysis of impacts from uses allowed in the existing zoning district and the proposed use upon facilities (usually viewed as category A public facilities) - arterial and collector roads, potable water and sanitary sewer (wastewater), drainage, solid waste, and parks and recreation facilities. The applicant provided such a comparative analysis of public facility impacts: drainage facilities — which are the same; roads, water, sewer and solid waste — which are reduced; and, parks and recreation facilities—which are increased. Conclusion: Staff concurs with the applicant's assertions and concludes that the overall impacts upon public facilities are not exceeded in the new zoning district. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Immokalee Road (CR 846) Impacts: The first concurrency link on Immokalee Road (CR 846) that is impacted by this zoning amendment is Link 41.1, between Goodlette-Frank Road (CR 851) and Tamiami Trial (US-41). The proposed amendment generates 46 additional p.m. peak hour, peak direction trips, which represents a 1.48% impact on Immokalee Road (CR 846). This segment of Immokalee Road (CR 846) currently has a remaining capacity of 1,260 trips, and is currently at LOS "C" (Level of Service "C") as reflected by the 2012 AUIR(Annual Update and Inventory Report). Please note that Link 41.1 is within the Northwest TCMA (Transportation Concurrency Manage- ment Area). No subsequent links of Immokalee Road (CR 846) require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Goodlette-Frank Road(CR 851)Impacts: The first concurrency link on Goodlette-Frank Road (CR 851) that is impacted by this zoning amendment is Link 23.0, between Immokalee Road (CR 846) and Vanderbilt Beach Road. The proposed amendment generates 51 additional p.m. peak hour, peak direction trips, which represents a (significant) 5.10% impact on Immokalee Road (CR 846). The impact is significant .-. (i.e. greater than 2%) but is not found to be adverse. This segment of Goodlette-Frank Road (CR CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 7 of 17 851) currently has a remaining capacity of 151 trips, and is currently at LOS "D" as reflected by the 2012 AUIR. Please note that Link 23.0 is within the Northwest TCMA. No subsequent links of Goodlette-Frank Road (CR 851) require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Tamiami Trail (US-41)Impacts: The first concurrency link on Tamiami Trail (US-41) that is impacted by this zoning amendment is Link 100.0, between Immokalee Road (CR 846) and Vanderbilt Beach Road. The proposed amendment generates 9 additional p.m. peak hour, peak direction trips, which represents a 0.29% impact on Tamiami Trail (US-41). This segment of Tamiami Trail (US-41) currently has a remaining capacity of 861 trips, and is currently at LOS "C" as reflected by the 2012 AUIR. Please note that Link 100.0 is within the Northwest TCMA. No subsequent links of US-41 require analysis per the 2%-2%-3% criteria listed in the Transportation Element. Conservation and Coastal Management Element (CCME): Environmental Services Staff reviewed this petition and determined that the proposed amendment to be consistent with the Conservation and Coastal Management Element(CCME). Based upon the above analysis, Comprehensive Planning staff finds the proposed petition request consistent with the FLUE. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and determined that the proposed amendment will not have any impact on environmental issues. Similarly, the Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. Transportation Review: Transportation Division staff has reviewed this petition and recommends approval. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 8 of 17 Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed change as noted previously, is to add additional land uses to PUD Section III, Industrial/Commerce District and to PUD Section IV, Business District: hotel, motel (SIC Code 7011); Intermediate Care Facilities (SIC Code 8052), group housing for the elderly limited to Assisted Living Facilities, independent living units, skilled nursing units and continuing care retirement communities. The petitioner also seeks to establish a floor area ratio of .6 for these group housing and intermediate care facilities, and to revise the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height for the CPUD property. The specific revisions are listed below along with some Staff Comments written in italics to offer clarification: 1. Add new land uses: hotel, motel (SIC Code 7011), group housing and intermediate care facilities(SIC Code 8052). Staff comment: Acknowledged and accepted as the primary purpose of this PUD amendment is to add the additional land uses. 2. A Floor Area Ratio (FAR) of.60 for group housing and intermediate care facilities (SIC Code 8052)). Staff comment: Acknowledged and accepted. The Collier County Land Development Code (LDC) allows for a FAR of.45. However, it is customary for ALF's (assisted living facilities) such as this to request a.60 FAR. 3. A maximum of 240 rooms for the hotel/motel. Staff comment: Acknowledged and accepted. 4. A maximum of 400 beds for the for elderly group housing, limited to assisted living facilities (ALF), independent living units, skilled nursing units, continuing care retirement communities; health services, medical clinics and offices (SIC Code 8011-8049, 8052). Staff comment: Acknowledged and accepted. 5. A maximum zoned building height of 75 feet for buildings east of Goodlette-Frank Road. Staff comment: Acknowledged and accepted. The previous PUD ordinance allowed a building height of 50 feet for buildings within '/ mile of the hospital property boundary. However, the Collier Health Center PUD located to the north of the Creekside Commerce Park CPUD allows a building height of 80-100 feet and the Naples Daily News BPUD allows a height of 75 feet. Therefore, the 75 foot building height at Creekside Commerce Park CPUD is appropriate. 6. In addition,the following operational requirements have been added to the group housing: (i). The facility shall be for residents 55 years of age and older. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 9 of 17 (ii). There shall be on-site dining for the residents. (iii). Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. (iv). There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. (v). A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. (vi). Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. (vii). Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. The petitioner seeks to amend Ordinance number 06-50 to allow the changes noted previously. There are no changes to the boundaries of the Preserve Tracts. The Project does not propose to increase the approved density or intensity. Staff comment: Acknowledged and accepted. The operational requirements stated above are typical of other PUD's that have been previously approved throughout Collier County. This PUD amendment does not propose any changes that would affect environmental, buffer, or .-. drainage issues. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Creekside Commerce Park is an established business park which has been developed with a variety of light industrial, commercial and office uses. The proposed assisted living, intermediate health care and hotel uses are compatible with the existing development within the Creekside Commerce Park. The proposed land uses are also compatible with the neighboring North Collier Hospital use to the north of the subject site and with the medical offices and ALF to the east of the subject site. The project would also be required to comply with County regulations regarding drainage, sewer,water and other utilities. Therefore, the site is suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 10 of 17 Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility, both internally and externally, with the proposed land uses of assisted living, intermediate health care and hotel uses. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Currently, the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 11 of 17 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one deviation to allow a higher FAR of.60 in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The districts are existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add hotel, motel, CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 12 of 17 independent living, assisted living, skilled nursing, continuing care retirement community and intermediate care facilities. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element(FLUE) of the GMP. In addition,the PUD document provides assurances that the site improvements will include adequate landscaping,setbacks and buffering for the development. The proposed assisted living, intermediate health care and hotel uses are compatible with the existing hospital development to the north of the subject site and with the medical offices and ALF to the east of the subject site. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the residential sites are subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations dictate that tall structures (zoned building height is 75 feet for parcels east of Goodlette-Frank Road) shall have a corresponding 50-foot setback. Therefore, the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site,development plan approval process and/or CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 13 of 17 subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a PUD amendment. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUP document would require site alteration and the subject site will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 14 of 17 The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviations are found in PUD sections 3.5 and 4.5. Deviation #1 seeks relief from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group care uses, including the intermediate care facility. Petitioner's Rationale: The FAR is based on all building areas associated with the group care use. Modern care facilities contain larger units, and are more highly amenitized and include significant areas devoted to indoor recreational facilities such as fitness facilities, multiple dining options, theaters, and salons. The proposed FAR of.6 has been approved in numerous other PUDs, as the .45 standard in the LDC has been recognized as an outdated development standard for these facilities. Staff Analysis and Recommendation: Planning & Zoning Review staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on September 5, 2012 at 5:30 p.m. at the Hampton Inn Naples. Approximately 13 people from the community along with the applicant, agent and County Staff attended the meeting. For further information please see Attachment C, "Creekside Commerce Park CPUD Neighborhood Information Meeting" (NIM) synopsis prepared by the applicant. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA-PL20120000111 on January 2, 2013. CREEKSIDE COMMERCE PARK CPUD, PUDA-PL20120000111 January 2,2013 Page 15 of 17 RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20120000111 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Ordinance B. Ordinance number 2006-50 C. NIM Synopsis D. SIC Codes 7011 and 8052 CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 16 of 17 PREPARED BY: ti ALA. &ALAI t I 1Peo. (C 2010 NANCY � , CH, AICP,PRINCIPAL PLANNER DATE GROWTH AGEMENT DIVISION REVIEWED BY: IL' 19- IL RAYM D V. BELLOWS, ZONING MANAGER DATE GROW MANAGEMENT DIVISION el? IZ MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DIVISION A" = • ED BY: 3 NI CASALANGUI A , 49 ierRA R DATE GROWTH MANAGEMENT DIVISION Tentatively scheduled for the March 12, 2013, Board of County Commissioners Meeting CREEKSIDE COMMERCE PARK CPUD,PUDA-PL20120000111 January 2,2013 Page 17 of 17 ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY AMENDING SECTION III, INDUSTRIAL/ COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING,ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY AMENDING SECTION IV, BUSINESS DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development(the"PUD"); and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich &Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside West, Inc. and Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD to allow for additional uses and to increase the floor area ratio of the aforementioned real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Creekside Commerce Center PUD 1 of 2 PUDA-PL20120000111—Rev. 1/7/13 Attachment A SECTION ONE: Amendment to Section III, Industrial/Commercial District of the CPUD Document of Ordinance No.2006-50 Section III, Industrial/Commercial District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit"A",attached hereto and incorporated herein by reference. SECTION TWO: Amendment to Section IV, Business District of the CPUD Document of Ordinance No.2006-50 Section IV, Business District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit`B",attached hereto and incorporated herein by reference. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK. COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Section III, Industrial/Commerce District Exhibit B—Section IV,Business District CP\12-CPS-O1179\62 .-.� Creekside Commerce Center PUD 2 of 2 PUDA-PL20120000111 —Rev. 1/7/13 Exhibit A SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"I/C". 3.2 GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care(SIC Code 8052),and hotel/motel uses(SIC Code 7011)are in addition to the IC gross square footage figures. The overall floor area ratio (FAR) for the IC designated ' eas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel,group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6.(Refer to Section 3.5,Deviations) 33 PERMTl°1'ED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors(Groups 1521-1542),except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services(Groups 7311-7313,7319, 7322,7323, 7331-7338,7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies)model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; Amended PUD(revisionl rev3 1-3-2013).doc 3-1 January 3,2013 automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) • 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk,uncompounded; barbituric acid and derivatives: bulk,uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; Amended PUD(revision1 rev3 1-3-2013).doc 3-2 January 3,2013 atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings(Groups 9111-9199,9221,9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661)_ 417. Hotels/Motels (Group 7011), not to exceed a maximum of 240 rooms for the entire PUD. �-. 418. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers';ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) -18:19. Leather and Leather Products(Groups 3131-3199) 4-9-.-20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods:Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20.21. Membership Organizations(Groups 8611-8631) 21.22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur shipping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, Amended PUD(revision'rev3 1-3-2013)_doc 3-3 January 3,2013 I- tarring,tanning,bleaching and dyeing;plumes,feather,tear gas devices and equipment;veils made of heir) 22.23. Motion Picture Production(Groups 7812-7819) 23-24. Motor Freight Transportation(Groups 4214,4215) 24:25. Packing and Crating(Group 4783) 25.26. Paper and Allied Products(Groups 2652-2657,2673-2679) 2627. Personal Services(Groups 7213,7216,7219,7221) 27,28. Physical Fitness Facilities(Group 7991) 28:29. Plastic Materials and Synthetics(Groups 2833,2834) 29.30. Printing,Publishing and Allied Industries(Groups 2711-2791) 30:31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies(Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 3 4-32. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088,3089) 32,33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 333.34. United States Postal Service(Group 4311) 3435. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 3-5:36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale;oil burners-wholesale) 36.37. Wholesale Trade-Nondurable Goods(Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and Amended PUD(revisionl rev3 1-3-2013).doc 3-4 January 3,2013 vegetable-wholesale;ice,manufactured or natural-wholesale,leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 3-7,38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units,skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2.4.3.B.1 and 4.3.B.3. 4.2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 2,3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 3,4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Amended PUD(revision'rcv3 1-3-2013).doc 3-5 January 3,2013 Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Amended PUD(revisionl rev3 1-3-2013).doc 3-6 January 3,2013 Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0')to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tThirty=f Five fFeet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet(75').actual height eight-five feet(85'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as,but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the TIC District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively,said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards Amended PUD(rcvisiont rev3 1-3-2013).doc 3-7 January 3,2013 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment,maintenance,and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations,Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.S DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. Amended PUD(revisionl rev3 1-3-2013).doc 3-8 January 3,2013 Exhibit B SECTION W BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan-as"B". 4.2 GENERAL DESCRIPTION Areas designated as"B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052), and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. The overall floor area ratio (FAR) for the B designated business land ucesareas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6. (Refer to Section 4.5.Deviations) 43 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Auto and Home Supply Stores(Group 5531) 2. Building Contractors(Groups 1521-1542),except for general contractors for mobile home repair on site,modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 3. Business Services(Groups 7311-7313,7319, 7322, 7323,7331-7338,7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies)model registries; labor pools;manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract Amended HID(revisionl rev3 1-3-2013).doc 4-1 January 3,2013 it conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 4. Child Day Care Services(Group 8351) 5. Convenience Store(Group 5411)and Gasoline Filling Station(Group 5541) only one(1)allowed. 6. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 7. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 8. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk,uncompounded; barbituric acid and derivatives: bulk,uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 9. Eating Places (Group 5812) not including fast food and drive-thru restaurants 10. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 12. Government Offices/Buildings(Groups 9111-9199, 9221,9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 42-:13. Hotels /Motels (Group 7011); not to exceed a maximum of 240 rooms for the entire PUD. -1-3:14. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399);Real Estate(Groups Amended PUD(revisionl rev3 1-3-2013).doc 4-2 January 3,2013 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 4-4:15. Physical Fitness Facilities(Group 7991) 4-5:16. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units,skilled nursing units and continuing care retirement communities. A maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 4-2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 23. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 3:4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4:5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. Amended PUD(revision'rev3 1-3-2013).doc 4-3 January 3,2013 D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may beprovided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS - A. Minimum Lot Area 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Amended PUD(revision1 rev3 1-3-2013).doc 4-4 January 3,2013 Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet(0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard: Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet(3')for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of fifty feet(50') • •..:•... - -xcept that no structure shall be greater than thirty- five feet (35'), on property west of the Pine Ridge Drainage Easement. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet (75'), actual height eight-five feet(85'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio fFAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. Amended POD(revisionl rcv3 1-3-2013).doc 4-5 January 3,2013 850 PARK SHORE DRIVE j T r c TRIANON CENTRE-THIRD FLOOR �/ t L �_ il 39.649.2708 DatEcr 239.649.6200 MAN A LEGAL PROFESSIONAL ASSOCIATION 239.261.3659FAx banderson@ralaw.com September 15, 2006 - VIA HAND DELIVERY AND E-MAIL ,.. . . Mr. James V.Mudd, County Manager Collier County Government 3301 East Tamiami Trail Naples,FL 34112 Re: Request to Reconsider—Naples Daily News PUD (PUDZ-2005-AR-8833) and Creekside Commerce Park PUD Amendment(PUDA-2005-AR-8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 242 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 242 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions,please do not hesitate to contact me. Sincerely, R.Bruce Anderson For the Firm RBA: CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON,D.C. TALLAHAssEE FORT Mss NAPLES 508302.11187E_00Us www.ralaw.com Mr. James Mudd,et. al. September 15,2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr. Paul Marinelli Mr. John Fish Mr. Wayne Arnold Mr. Joseph Schmitt Mr.Mike DeRuntz David C.Weigel,Esq. Marjorie Student-Stirling,Esq. 508302.111878.0005 /N-4• 5., 6�8 go W �t� u, ORDINANCE NO.06- 50 i, >�$ r'•r' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 97-5I AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the heiiein"Y7 described real property,known as petition PUDA-2005-A-R-8832; ,; . . ~ NOW, THEREFORE, BE IT ORDAINED BY the BOARD or COUNTY,; COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; _ I SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 97-51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 06-41, adopted on September 12, 2006, by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page 1 of$2 Attachment B SECTION THREE: This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County,Florida, y this � � day of C C it•(j( ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA • ' ' •, tx cis..:•Deputy Clerk FRANK HALAS,CHAIRMAN Approved as to form and legal sufficiency • Marjorie M.Student-Stirling Assistant County Attorney purm-nos.AR-8832/m,o/sp This ordinance filed with the Secretory of State,s Office the 31 day of (: Ctbio z (o and aclvtowledgem of that fill received this 3 cloy of 7� toL x Deputy cr.,* Page 2 oft CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 • Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane, Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 3'd Floor Naples,Florida 34103 Amended PUD(ciean).DOC TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) Amended PUD(clean).DOC 1 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(clean).DOC ii SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Amended PUD(clean).DOC 111 SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. L2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; 6)South 89°48'33"Fast 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 2l°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(clean).DOC 1-1 8/22/2006 thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"Fast 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R.846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26"East. Amended PUB(clean).DOC 1-2 8/22/2006 LESS A PORTION OF TRACTS"R"AND"L1"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN SOUTH 89°45'00"EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L 1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS. ■•• 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership,or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development,County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD(clean).DOC 1-3 8/22/2006 D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft.Drum and Malabar fine sand,and Satellite fine sand Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of .-� Regional Impact (DRI), pursuant to Chapter 380.06,Florida Statutes, 1997,in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(clean).DOC 1-4 8/22/2006 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies,and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B(WMB&P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of n the Collier County Land Development Code(LDC). 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance,and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(clean).DOC 2-1 8/22/2006 E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD(clean).DOC 2-2 8/22/2006 to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections,and need for barriers. n b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet(5') in height shall be separated from developed areas by fencing,excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). Amended PUD(clean).DOC 2-3 8/22/2006 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping,decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices,construction offices,and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD(clean).DOC 2-4 8/22,2006 1) Reconfiguration of lakes,ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval,however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD(clean).DOC 2-5 8/22/2006 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized,notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD(clean).DOC 2-6 B/22/2006 G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned,operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement(TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD(clean).DOC 2-7 8/22/2006 B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD(clean).DOC 2-8 8/22/2006 classical principles of design and avoid cliches, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping,and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AM)WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. Amended PUD(clean).DOC 2-9 8/22/2006 2) Adjacent to Business District type uses within the Business District,trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (0.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20'-0",measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (VC) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements,hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District,trees will be native,xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' 0.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD(clean).DOC 2-10 8/22/2006 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the TIC District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any UC construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one(1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any UC construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative"A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. Amended PUD(clean).DOC 2-11 8/22/2006 F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers,information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD(clean).DOC 2-12 8/2212006 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (l) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD(clean).DOC 2-13 8!22/2006 f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park,in addition to the user signs as permitted herein,they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Amended PUD(clean).DOC 2-14 8/22/2006 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 13. C.2. hereof. Amended PUD(clean).DOC 2-15 8/22,2006 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as "1/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6±net acres. The floor area ratio(FAR)for the designated industrial land uses shall not exceed.35. 33 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with Amended PUD(clean).DOC 3-1 8/22/2006 transportation; scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland. derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) Amended PUD(clean).DOC 3-2 8;22/2006 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 18. Leather and Leather Products(Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, .-. 3845-3873) 20. Membership Organizations(Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs:bleaching,blending,curring,scraping,and tanning;feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production(Groups 7812-7819) 23. Motor Freight Transportation(Groups 4214,4215) 24. Packing and Crating(Group 4783) 25. Paper and Allied Products (Groups 2652-2657,2673-2679) 26. Personal Services(Groups 7213,7216,7219,7221) 27. Physical Fitness Facilities(Group 7991) 28. Plastic Materials and Synthetics(Groups 2833,2834) 29. Printing,Publishing and Allied Industries(Groups 2711-2791) Amended PUD(clean).DOC 3-3 8/22/2006 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 31. Rubber and Miscellaneous Plastic Products(Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment(Group 3732,except for boats,fiberglass:building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33. United States Postal Service(Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber:rough,dressed, and finished-wholesale;batteries,except automotive- wholesale;storage batteries, industrial-wholesale;unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 3-4 8/22/2006 1. Health Services,medical clinics and offices(Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers,satellite dishes,antennas,etc. Amended PUD(clean).DOC 3-5 8/22/2006 E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel n, Amended PUD(clean).DOC 3-6 8/22/2006 boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations,Title 40)and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD(clean).DOC 3-7 8/22/2006 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed.35. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis;solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) Amended PUD(clean).DOC 4-1 8/22/2006 4. Convenience Store (Group 5411) and Gasoline Filling Station(Group 5541) only one(1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives; opium derivatives) 8. Eating Places(Group 5812)not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 13. Physical Fitness Facilities(Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 4-2 8/22/2006 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services,Medical Clinics and Offices(Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at'top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Amended PUD(clean).DOC 4-3 8/22/2006 a) Fifty feet(50') for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof Said fence, wall or landscaped screen shall be opaque in design. Amended PUD(clean).DOC 4-4 8/22/2006 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 53 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part, for other than the following: A. Permitted Principal Uses and Structures ■•• 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended PUD(clean).DOC 5-1 8/22!2006 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD(clean).DOC 5-2 8/22/2006 t oiaWOMMIM i M-2., re!!!!:PETTeri J Jy I r<Q 46 �L 3r WZ < < t < yb fi W iS 'i it it u R - 8 7� `IV Y • S 1'. o Z <° ,Ii=lijl+eft °•} r 4 11 r - 1 ii illbL s f 1 ire II Olt 1 AP�; < . l it ... � � ig G E E e 3.5 2 . yam i it C=Q ..ti � �g f Is, rill: 4 LI li a of ii � " __ — —_—_ -_ —,.. — — ; i ; 4, I • < f E 1i ; li lig 0 r.•tt(-,.::, .. ......_<,...1 a 1 1... 1 I is,:t . i ! , 2 .--..- E . ...: 0 04 1 ,1 ::ili illi ____-_ }}lam..► *J' w1+ ''f•'7`�AN $01 10_,M - d f 1 00 ;PI _ ��SYaity �tt�_ • --- 3 4 f 1` �� U1 I� z ,4-c--- 1:: < - 1 11 bi 3 .,j,„ li F5 rn it i 1 li UN ' Y t el 1111 ( _r 4 ' II 1. t t 1 ..ck,T_ la Ma Hipi, I j 11;1 ,...„_<I a-(L) - WM Mid' _ i'-'.F .. 0\____j iii . i AN ,._E] 2'6- mil um =I no) / 1 I n 9s � p L 4 < 4 &T VA STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2006-50 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2006 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners - , AJLU \.. By: Teresa Dillard, Deputy Clerk. Creekside Commerce Park PUD Petition PUDA-PL2012-0111 Neighborhood Information Meeting September 5, 2012, 5:30 p.m. Richard Yovanovich, agent for the applicant opened the meeting at 5:40 p.m. and introduced himself, Wayne Arnold and Sharon Umpenhour with Q. Grady Minor and Associates, P.A., representing the owner/developer and Nancy Gundlach representing Collier County Growth Management. Fourteen members from the public where in attendance and a sign-in sheet was provided. Mr. Yovanovich began the information meeting by introducing and explaining the project as it exists and then proceeded to explain the proposed petition request. He explained that three new uses were proposed including Senior Group Housing, Intermediate Care Facility and Hotel/Motel. He also explained that a building height increase was being sought on the parcels located east of Goodlette-Frank Road. An aerial photograph of the PUD was displayed along with the existing Master Plan for reference. Mr. Yovanovich discussed the proposed uses and height change in detail. He pointed out the existing land uses and comparable building heights within and surrounding the PUD. Referring to the aerial exhibit Mr. Yovanovich showed which parcels within the PUD would be affected by the proposed uses and height changes and explained that the number of beds for group housing and intermediate care would be capped at 400 and the number of hotel/motel units would be capped at 240 units. Mr. Yovanovich concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding hearing dates, setbacks, size of vacant parcels, access locations to east parcel, whether there was an interested party for the vacant property, and who would be developing or selling vacant parcels. Mr. Yovanovich and Mr. Arnold addressed the attendee's questions. A gentleman asked about the level of service of Immokalee Road and Goodlette-Frank Road. Mr. Arnold offered to provide him with a copy of the Traffic Impact Statement that was included with the application provided to the County. One member of the public expressed their opinion regarding using the height of the hospital and the Naples Daily News building to justify the proposed 75'. Another member of the audience indicated the proposed uses being good for the area since they are a low generator of traffic and that they would like to see development on the parcel east of Goodlette-Frank Road. Mr. Yovanovich offered to provide any additional information if requested and to contact, Nancy Gundlach, Wayne Arnold or himself if anyone had further questions. The meeting was adjourned at approximately 6:05 p.m. Attachment C , , , , ,. , 354 1.-- Major Group 70.—HOTELS, ROOMING HOUSES, CAMPS, AND OTHER LODGING PLACES • The Major Group as a Whole This major group includes commercial and noncommercial establishments engaged in furnishing lodging, or lodging and meals, and camping space and camping facilities. Industry Group Industry No. No. ■ ; 701 HOTELS AND MOTELS 7011 ' otels and Motels 11, Commercial establishments, known to the public as hotels, motor hotels, i l 1 motels, or tourist courts, primarily engaged in providing lodging, or lodging { and meals, for the general public. Hotels which are operated by membership organizations and open to the general public are included in this industry. I' i • Hotels operated by organizations for their members only are classified in In- dustry 7041. Apartment hotels are classified in Real Estate, Industry 6513; 1!' rooming and boarding houses are classified in Industry 7021; and sporting and 0, recreational camps are classified in Industry 7032. lj A Auto courts Motels �E ` R Bed and breakfast inns Recreational hotels I 1 • Cabins and cottages Resort hotels !J; • Casino hotels Seasonal hotels } Hostels Ski lodges and resorts � ! Hotels,except residential Tourist cabins Inns,furnishing food and lodging Tourist courts ! 702 ROOMING AND BOARDING HOUSES :4 Li 7021 Rooming and Boarding Houses I. • , Establishments primarily engaged in renting rooms, with or without board, ',1'i . on a fee basis. Rental of apartments, apartment hotels, and other housing . l units are classified in Real Estate, Industry Group 651. Rooming and boarding 1',11 houses operated by membership organizations for their members only are clas- !i� I sified in Industry 7041. Homes for the aged, for children, and for the handi- capped capped that also provide additional services, other than nursing care, are clas- ; 1 sified in Industry 8361, and homes that provide nursing care are classified in Industry Group 805. t ;l!;.! Boarding houses,except organization Rental of furnished rooms l'i Dormitories,commercially operated Rooming houses,except organization �. Lodging houses,except organization Yy �� 703 CAMPS AND RECREATIONAL VEHICLE PARKS I' ;ip, 7032 Sporting and Recreational Camps f; Establishments primarily engaged in operating sporting and recreational camps, such as boys' and girls' camps, and fishing and hunting camps. Estab- lishments primarily engaged in operating sports instructional camps, such as ■ L baseball, basketball, football, or karate camps, and those operating day camps are classified in Industry 7999. IBoys'camps Hunting camps 1 Camps,sporting and recreational Nudist camps E Dude ranches Summer camps,except day and sports Fishing camps instructional ? I Girls'camps l } i A _ • Attachment D Pi SERVICES 387 Industry f. Group Industry No. No. 805 NURSING„ D PERSONAL CARE FACILITIES—Con. 8051 Skilled Nursing Care Facilities f Establishments primarily engaged in providing inpatient nursing and reha- bilitative services to patients who require continuous health care,but not hos- i pital services. Care must be ordered by and under the direction of a physician. E The staff must include a licensed nurse on duty continuously with a minimum 1 of one full-time registered nurse on duty during each day shift. Included are establishments certified to deliver skilled nursing care under the Medicare I and Medicaid programs. Convalescent homes with continuous Mental retardation hospitals nursing care Nursing homes,skilled Extended care facilities i 8052 Intermediate Care Facilities Establishments primarily engaged in providing inpatient nursing and reha- bilitative services, but not on a continuous basis. Staffing must include 24- '.1 hour per day personnel with a licensed nurse on duty full-time during each day shift. At least once a week, consultation from a registered nurse on the delivery of care is required. Included are facilities certified to deliver interme- ;,i diate care under the Medicaid program. Intermediate care facilities Nursing homes,intermediate care 8059 Nursing and Personal Care Facilities,Not Elsewhere Classified ;' Establishments primarily engaged in providing some nursing and/or health- .y. related care to patients who do not require the degree of care and treatment that a skilled or intermediate care facility is designed to provide. Patients in :111 .these facilities, because of their mental or physical condition, require some y nursing care, including the administering of medications and treatments or the supervision of self-administered medications in accordance with a physi- ; cian's orders. Establishments primarily engaged in providing day-to-day per- _ sonal care without supervision of the delivery of health services prescribed by l a physician are classified in Industry 8361. # Convalescent homes for psychiatric pa- Nursing homes except skilled and in- dents,with health care termediate care facilities l{ Convalescent homes with health care Personal care facilities with health care i Domiciliary care with health care Personal care homes with health care Ii Homes for the mentally retarded with Psychiatric patient's convalescent health care,except skilled and inter- homes t mediate care facilities Rest homes with health care '91 >f 806 HOSPITALS This group includes establishments primarily engaged in providing diagnos- a. tic services, extensive medical treatment including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities 'l i i- ` to provide complete health care. Convalescent homes with extended care facili- f. ties, sometimes referred to as convalescent hospitals, are classified in Industry it 8051. • i___ ' 1 t COLLIER'S RESERVE RECOMMENDATIONS PACKET JOHNSSINCE 1946 .ENGINEERING TO: Nancy Gundlach DATE: January 9,2013 Collier's Reserve Recommendations for FROM: Laura DeJohn RE: Creekside Commerce Park CPUDA Per our phone call yesterday, thank you for the opportunity to submit the attached preliminary information on behalf of Collier's Reserve related to the Creekside Commerce Park PUDA (PL20120000111) scheduled for Collier County Planning Commission consideration on January 17, 2013. This preliminary information is subject to change as a result of expected coordination with the applicant prior to the scheduled hearing. The attached material is the result of preliminary analysis performed to date to assess the building heights, setbacks, and relationships along the corridor of Immokalee Road in the vicinity of Creekside Commerce Park and Collier's Reserve from U.S.41 on the west to the eastern limit of the subject property(Creekside Commerce Park CPUD)on the east. Our preliminary analysis shows that this area is characterized by a suburban development pattern. The predominant building type is one- to three-story buildings typically set back from Immokalee Road between 27'-265', with the exceptions of the special purpose buildings(Naples Daily News and North Collier Hospital) with building elements that reach 75-100 feet in height; those elements being setback over 200' from the Immokalee Road corridor, providing visual relief and compatible scale for the traveling public and neighbors who experience the corridor. To discern the context of the built environment along the corridor, the attached exhibit titled Immokalee Road Building Height to Width Ratios depicts the relationship of the building heights and distances that buildings facing one another are apart along the corridor. This is a methodology commonly applied to urban corridors to determine appropriate pedestrian scale. In truly urban settings, the building height to corridor width ratio (width being measured from the face of two opposing buildings across the street from each other) is typically 1:2, so that a 40' tall building is separated from the building it faces across the street by 80' (usually characterized by a 60' right-of-way with an additional 10' planter or furnishing zone). We applied this measurement system to define the typical height-to-width ratio along Immokalee Road in the vicinity of Creekside Commerce Park.I The resulting typical height-to-width ratios along this segment of Immokalee Road are not near an urban standard, and much more suburban in nature, with ratios ranging from 1:17 where the Walgreens faces the Riverchase Shopping Center to 1:4 for the buildings occupying the northwest and southwest quadrants of the Goodlette Road/Immokalee Road intersection. The prevailing building height-to-width relationships along the corridor are in the range of 1:6 to 1:12. Demonstrating this, the portion of the Naples Daily News building nearest Immokalee Road yields a ratio of approximately 1:12, while the setback ' Building heights were assumed according to observed stories,i.e.,observed one-story buildings were estimated at 30',and according to maximums provided in PUD regulations for observed multi-story buildings. 2350 Stanford Court•Naples,Florida 34112 (239)434-0333•Fax(239)434-9320 Ms.Nancy Gundlach January 9,2013 Page 2 afforded to the taller portion of the Naples Daily News building yields a ratio of approximately 1:6, thus the taller height with greater setback renders the building consistent with other buildings along the street. The requested PUD Amendment seeks to increase building height from 50' up to 85' (actual height), with an unchanged minimum setback along Immokalee Road of 50'. The recommended height and setback relationship recommended by Collier's Reserve is to observe a ratio of 1:6 facing Immokalee Road, which is consistent with the prevailing building height-to-width relationships along the corridor. This ratio translates to a 42' building height limit at the minimum 50' setback, and a"wedding cake"-effect setback envelope at a horizontal setback of 6 feet to every 1 foot of vertical height above 42', as depicted in the attached exhibit titled "Creekside East 1:6 Building Height to Width Ratio." This building height/setback request along with landscape buffer recommendations are provided in the attached Proposed PUD Ordinance with Collier's Reserve recommendations in track changes format. We look forward to the opportunity to discuss this further with you and the applicant in advance of the January 17 hearing. Exhibit 1: Immokalee Road Aerial with Photos Exhibit 2: Inventory of approved PUD development standards along Immokalee Road Exhibit 3: Immokalee Road Building Height to Width Ratios Exhibit 4: Creekside East 1:6 Building Height to Width Ratio(Recommended by Collier's Reserve) Exhibit 5: Proposed PUD Ordinance with Collier's Reserve recommendations in track changes 0 rl�l, _ �_�}! M{; s _ gyp . �.� �'` •�c �." 7 �t k".I ra' �', �d �ri� _- ..:._ U,S:41(TAMIAMITRAILN)" _ y; . s - p. M yqS ,yam ( �q ' '!. > '� h - t 1.': s .,q'24 IJrT'I' i C'�S! ,/yIi '''''''..1:4'TM�Y'w,... . ;,. '1 py; , . `.1"r .' .. N 46-- .• �I v 1 � 1 - .. ,.`iii� I�I� .. .. - .' I v � ,lartilit. _ � 1-ate" ~ . 1f $.` .,».:.,, r ,ak 0. . ' •� s- S {jcy } L '.' ._,,,,,,,r i , tr .,,. 13. , .= , -, : ��fi n , ' ,fl£ , tiii • � t IT ,. a 4.' , - ,, ; Ili'►"..Aug s �,' a 7 1--3 ( 1:177,15r. . 111111-* i" „ r f �-S lyl .I 1 1! -,r ..r :f<a ' 'f su ..•4 -� ,f r71„y. 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'u `'VIM' iC T7 r ey ' N �.Z I ` k 1�V�,« A{ '-f• s,7r',,, zr;; , „ .1 a, : I' ,,,,w4r,nig l L....: A, \ ,B� -s �� '1 D < 1 r.. ^+.a-, , to• , 4- C /pit►f . �y ''r. _ ,y 'a.^ '�_"�'+"�'•'.E. ±i;f. : ky, d .. r 'i'. 1 #A, z '.,; • Immokalee Road Corridor PUD Development Standards Landscape buffer along Building Setback Ord.U PUD Name FLU Designation Immokalee Rd along Immokalee Rd Max.Height Notes Retail Buildings:2 stories, 50' Office Buildings:4 stories,60' Urban Commercial, 20'min.width,1 tree per 01-17 Granada Shoppes Mixed Use Activity 40' 25' Center Hotel:60' Architectural features: 75',except that architectural features on the hotel buidling shall not exceed 73' 50';For that portion of 75'zoned height and a buidling exceeding actual height measured 25'min.width,with 50'in height,that from required min.flood Urban Mixed Use,Urban additional trees along portion shall maintain 06-49 Naples Daily News Residential elevation. No Immokalee Road a min.setback at a No lighting or encroachments above na si e o the ratio of 2 horizontal 75, signage feet for each 1 foot of 75-foot portion vertical height of the building. 20'min.width,1 tree per 25',plus a continuous 24" 50'for buildings up to high shrub hedge 35'in height. 3 stories over parking to Three additional feet a maximum of 50'for for every 1 foot of buildings within 1/4 mile Outside storage or display building height over of the hospital property shall be screened from 35'adjoining boundary except that no external public roads with a residential districts. structure shall be greater Urban Mixed Use District, fence at least 7'in height than 35'on property 06-50 Creekside Commerce Park Urban Residential above ground level,or west of the Pine Ridge landscaping equivalent or Drainage Easement combination thereof.Said fence,wall or landscaped screen shall be opaque. Same as above for west of Goodlette Road. Creekside Commerce Park- Urban Mixed Use,Urban For parcels east of 13-xx same as above same as above Goodlette Road: PROPOSED East of Goodlette Residential Zoned height:75' j Actual height: 85' Max.building height of buildings fronting Immokalee Rd is 1st story:50' per LDC(20'min.width,1 measured from the ROW Urban Mixed Use District, tree per 30',double line. The max.building 2nd story:50' 96-81 SW Professional Health Park Urban Residential staggered hedge row 3rd story:75' height Is 45'provided 4th story:100' maintained at 36"high) that a 1:2 building setback slope line is maintained starting with the 2nd story. 50',except that per LDC(15'min.width,1 accessory structures 35'for principal Urban Mixed Use District, tree per 30',double exceeding a height of structures 50'for 01-22 Veterans Park Center Urban Residential staggered hedge row 35'shall have min. accessory structures maintained at 36"high) setbacks of 75'from all PUD boundaries per LDC(15'min.width,1 tree per 30',double 25'plus 1'for each 45' 01-23 Veterans Park Commons Urban Mixed Use District, staggered hedge row foot of building height Urban Residential maintained at 36"high) over 35' per LDC(15'min.width,1 98 67 Surrey Place Convalescent/The Urban Mixed Use District, tree per 30',double 70' Aristocrat Urban Residential staggered hedge row 40',not to exceed 3 maintained at 36"high) stories for Tract B 30'for Parcels 1,2,3,4, (Parcels 1,6, Urban Mixed Use District, 20'min.width,1 tree per 25, 10 50'for Parcels and 7 have 95-45 North Naples Medical Urban Residential 25' 5,6,7,8,9 with 10'under frontage on building parking allowed Immokalee Rd) 5 stories not to exceed per LDC(20'min.width,1 80'for the hospital (Phases III&IV Urban Mixed Use District, tree per 30',double structure(Zone B,Phases have frontage 88-40 Collier Health Center 30 I,II,III) 100' on Immokalee Urban Residential staggered hedge row ) maintained at 36"high) for the medical/clinical Rd) outpatient structure (Zone B,Phase IV) 80'for all other buildings Urban Mixed Use, 5 stories or 50'for Commercial Activity shopping center 91-21 Collier Tract 22 Center near US 41; 15'min.width 25' 8 stories or 80'for all otherwise Urban other uses Residential COLLIER'S RESERVE ASSOCIATION,INC. Johnson Engineering,Inc. 1/3/2013 C \ H 1 1 W H J L I I i 1 U.S.41(TAMIAMI TRAIL N) 2. 0 J0' \II 14 ) 105. % / A m D n D s 5� n6 _ z O r,31 F. °° _q.1_... 0 • N O y K Ji• m m o F.Q Z a - NZ o n W o D m °'z... o �� ■ ... I bir i I X3-0-y _ m _ ill O -0 y p {m N iAIA • 4 U jpor o F * 0 Z m 11114$$ Id 0 n o ma, 1 :", 'pp I . 0 O r'-' � �m S� , o• 0 VI O Imo' 0 IIII r T< LTI ✓ r--• � I _,,,, • d ao CO<<'ERSRESERVE N D: m 30' O O M . 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PI s0' O r r 51 Pci K 0 -,.N 6 rri m in Cin rn 0 O T7 85' ° 42' Y -L- 0 H O 0 ' Z 1 1 z ' n 1 1 Crl 1• N_ 1� m �-- 4 I � O 60' .1 1 1 1 H 1 7: 1 z � ; m 0 N rn �...,__. rn 70 M z -I ItiL-1 O --r 85'Z 42'G7_uzN `\1 mm1 mWN�q 00°w p. 1 colCA0 1 CA CA 0 o(N-1 N 1C” 1 1 1 1 1 z g 1; N 1 tit lrnty ` 11 o 1 � Z rile L N t) rri 70 No - tg ' rn O 0 N Z O m rt) o Na Ut n ^ z 1 CI N ^ yy ri1 - O H 0 P■ ORDINANCE NO.13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY AMENDING SECTION III, INDUSTRIAL/ COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIO HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVIN SKILLED NURSING, CONTINUING CARE RETIREM COMMUNITY AND INTERMEDIATE CARE FACILITIE ADDITIONAL USES, ESTABLISHING A FLOOR AREA RA OF .6 FOR THE ADDITIONAL USES, AND REVIS� Xi HE DEVELOPMENT STANDARDS TO INCREASE TH., —_MUM HEIGHT FOR PARCELS EAST OF GOODLETTE-F' t,> ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTH �� EIGHT; BY AMENDING SECTION IV, BUSINESS DISTRha;'TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED JURSING, CONTINUING CARE RETIREMENT COMMUNITY A INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES; ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING •1 THE DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND'85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LO,. 'ED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25�EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105CRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, o �c<tober 24, 2006, the Board of County Commissioners approved Ordinance Number 2 0 6-50, the Creekside Commerce Park Commercial Planned Unit Development(tb UD");and `` 41 AS Richard D. Yovanovich, Esquire of Coleman, Yovanovich&Koester, P.A., and D ,ayne Arnold of Q. Grady Minor & Associates representing Creekside West, Inc. and Creekside East, Inc.,petitioned the Board of County Commissioners to amend the CPUD to ai ow additional uses and to increase the floor area ratio of the aforementioned real property. 4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Creekside Commerce Center PUD 1 of 2 PUDA-PL20120000111—Rev.1/7/13 �1 SECTION ONE: Amendment to Section III,Industrial/Commercial District of the CPUD Document of Ordinance No.2006-50 Section III,Industrial/Commercial District of Collier County Ordinance No.2006-50 is hereby amended to read as follows: See Exhibit"A",attached hereto and incorporated herein by reference. SECTION TWO: Amendment to Section IV,Business District of the CPUD Document of Ordinance No.2006-50 Section IV, Business District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: See Exhibit"B",attached hereto and incorporated herein by reference. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County �� Commissioners of Collier County,Florida,this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A.HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: Heidi Ashton-Cicko ; \`3 Managing Assistant County Attorney Attachments: Exhibit A—Section III,Industrial/Commerce District Exhibit B—Section IV,Business District CP\12-CPS-01179\62 Creekside Commerce Center PUD 2 of 2 PUDA-PL20120000111—Rev.1/7/13 Exhibit A SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"I/C". 3.2 GENERAL DESCRIPTION Areas designated as "VC" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care (SIC Code 8052), and hotel/motel uses(SIC Code 7011)are in addition to the IC gross square footage figures.The overall floor area ratio(FAR)for the IC designated industrial land usesareas shall not exceed.35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel,group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6.(Refer to Section 3.5,Deviations) 3.3 PERMITTED USES AND STRUCTURES No building or structure,or part thereof,shall be erected,altered or used,or land used,in whole or part,for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services(Groups 7311-7313,7319,7322,7323,7331-7338,7352, 7359-7389 except for industrial truck rental and leasing;plants,live:rental and leasing;toilets,portable:rental and leasing;employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service;automobile repossession service;bartering services for Amended PUD(revision)rev3 1-3-2013).doc 3-1 January 49 2013 businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis;tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting,television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives;opium derivatives) 11. Educational Services(Groups 8249-8299 except construction equipment operation schools;truck driving schools;automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,3613,3624,3625,3631,3641-3676,3678,3679,3694,3695,3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers,reactor; Amended PUD(revision)rev3 I-3-2013).doc 3-2 January 39 2013 atom smashers(particle accelerators;electron beam metal cutting,forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452,3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224- 9229,9311,9451,9511-9532,9611,9631-9660_ 417.Hotels/Motels(Group 7011), not to exceed a maximum of 240 rooms for the entire PUD, subject to a maximum actual height of fifty(50')feet and the enhanced landscape buffering requirements of Section 3.4.E.I. X18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553- �� 3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 4 19.Leather and Leather Products(Groups 3131-3199) 4-9:20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843,3845-3873) 20721.Membership Organizations(Groups 8611-8631) 2-1-22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating- for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing;plumes, feather;tear gas devices and equipment; veils made of hair) Amended PUD(revisionlrev3 1-3-2013).doc 3-3 January 9,2013 1 22:23.Motion Picture Production(Groups 7812-7819) 224. Motor Freight Transportation (Groups 4214, 4215) 24.25. Packing and Crating(Group 4783) 24-25.Packing and Crating(Group 4783) 23:26.Paper and Allied Products(Groups 2652-2657,2673-2679) 2627. Personal Services(Groups 7213, 7216, 7219, 7221) 27,28.Physical Fitness Facilities(Group 7991) 2809.Plastic Materials and Synthetics(Groups 2833,2834) (- 29:30.Printing,Publishing and Allied Industries(Groups 2711--27 331.Professional Offices:including but not limited to,Travel cies(Group 4724); Insurance Agencies (Group 6411); Insurance Carriers roups 6311- 6399); Real Estate(Groups 6512,6514,6517,6519,6531;6544 6552,) 3-102.Rubber and Miscellaneous Plastic Products(Groups 3021,3085,3086, 3088,3089) 3-2,33.Transportation Equipment(Group 3732, except for boats, fiberglass: P".■ building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 3334.United States Postal Service(Group 4311) 3405- Warehousing/and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 3306. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074,5078,5091,5092,5094-5099 except for fencing,wood-wholesale; ber: rough, dressed, and finished-wholesale; batteries, except automotive- wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers,power: industrial-wholesale;boilers,steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- '', wholesale) 3637. Wholesale Trade-Nondurable Goods(Groups 5111-5143, 5145, 5147-5149, ` r 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish,tropical-wholesale;furs,dressed-wholesale;greases,animal and Amended PUD(revision)rev3 1-3-2013).doc 3-4 January 9,2013 — - - vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 37,38.Any other use or service which is comparable in nature with the foregoing. ctatcmcnt of the District and which the Community Development and District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2.4.3.B.1 and 4.3.B.3 subject to a maximum actual height of fifty(50')feet and enhanced landscape buffering shall be provided according to Section 3.4.E.1. -2_Health Services,medical clinics and offices(Groups 8011-8049 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 23. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 3.1 Any other use or service which is comparable in nature with the and purpose statement of the District and which the Community C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Amended POD(resisionl rev3 1-3-2013).doc 3-5 January 39 2013 Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies~ music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area:20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: Comment[Al]:1/C District does not abut 1. Front Yard,adjacent to lImmokalee Road!or Goodlette-Frank Road:Fifty Immokalee Road,so it's recommended strike to feet(50')for any portion of a building that is 50'in height or less: for portions Immokalee Road of buildings exceeding 50'in height,that portion shall maintain a minimum setback at a ratio of 2 horizontal feet for each 1 foot of vertical height. 2. Front Yard,Internal:Thirty feet(30') 3. Side Yard:Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront:Zero feet(0')to bulkhead or rip-rap at top of bank,otherwise twenty feet (20') Amended PUD(revision]rev3 1-3-2013).doc 3-6 January 9,2013 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD:Fifty feet(50'), subject to the Front Yard requirement identified in 3.4.C.1 above. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tThirty-ff Five fFeet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas,etc. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet(75), actual height eight-five feet(85')subject to additional front yard setback requirements identified in 34.C;1 above for any portion of the building that exceeds 50'in height,except where a maximum actual height is stated for a specific use. E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof.Said fence,wall or landscaped screen shall be opaque in design.All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. E.I To mitigate the impacts of the surrounding roadways on the residents within the group housing facility described in 3.3.B.1 and on the hotel guests within the fotellmotel identified in 3.3.A.17 and to enhance the living environment of residents and experience of hotel guests.enhanced landscape buffers along Immokalee Road and Goodlette Frank Road will be provided. The enhanced buffer along Immokalee Road will incorporate the existingmairenative vegetation to the greatest extent possible within a 40-foot wide buffer area,to provide at a minimum the equivalent of 1 tree per 20 linear feet and understory or shrubs equivalent to 75%opaque screening of at least 6 feet in vertical height. The enhanced buffer along Goodlette Frank Road will incorporate the existing mature native vegetation to the greatest extent possible within a 30-foot wide buffer area,to provide at a minimum the equivalent of 1 tree per 20 linear feet. &F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block,brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited;as well as exposed metal siding on any building west of Goodlette Frank Road. F-G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8.of the LDC. G--.-H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof,alternatively,said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road,provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. IJanuary 31 2013 Amended PUD(revision]rev3 1-3-_013).dce 3-7 5. Section 2.8.3.5.12. I. Loading Areas:Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise:Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property.Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions /"■ without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of.6 for group housing uses,including the intermediate care facility. IAmended PUD(revisionl rev3 1-3-2013).doc 3-8 January 19 2013 Exhibit B SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as"B"on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres.Intermediate care facilities (SIC Code 8052), and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. The overall floor area ratio(FAR) for the B designated business land uscaareas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities(SIC Code 8052)shall not exceed.6.Refer to Section 4.5,Deviations) 4.3 PERMITTED USES AND STRUCTURES No building or structure,or part thereof,shall be erected,altered or used,or land used, in whole or part,for other than the following: A. Permitted Principal Uses and Structures: 1. Auto and Home Supply Stores(Group 5531),provided that minor automotive repair is subject to the standards of Land Development Code Section 5.05.05 applicable to automobile service stations. 2. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction.- 3. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, Amended PUD(revision'rev3 1-3-2013).doe 4-1 January 39 2013 live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems,contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis;tobacco sheeting service on a contract or fee basis) 4. Child Day Care Services(Group 8351) 5. Convenience Store(Group 5411)and Gasoline Filling Station(Group 5541)only one (1)allowed. 6. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service,radio broadcasting,television broadcasting,radar or telephone service. 7. Depository and Non-Depository Institutions(Groups 6011-6163)including automatic teller machines 8. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives;codeine and derivatives;gland derivatives:bulk,uncompounded;mercury chlorides,U.S.P;mercury compounds,medicinal:organic and inorganic;morphine and derivatives;opium derivatives) 9. Eating Places (Group 5812)not including fast food and drive-thru restaurants 10. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories,commercial research;automobile proving and testing grounds;metallurgical testing laboratories;pollution testing,except automotive emissions testing;radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 12. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311, 9451,9511-9532,9611,9631-9661) 4-2-13.Hotels/Motels(Group 7011);not to exceed a maximum of 240 rooms for the entire PUD,subiect to a maximum actual height of fifty(50') feet and the enhanced landscape buffering provisions of Section 4.4.G. 4-3.14. Professional Offices:Travel Agencies(Group 4724);Insurance Agencies(Group 6411); Amended PUD(revisionl rev3 1-3-2013).doc 4-2 January 39 2013 �� Insurance Carriers(Groups 6311-6399);Real Estate(Groups 6512-6515, 6517,6519,6531,6541,6552,6553);Holding and Other , Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 44.15. Physical Fitness Facilities(Group 7991) 4-5x.16. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units,skilled nursing units and continuing care retirement communities. A maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2. 4.3.B.1 and 4.3.B.3, subject to a maximum actual height of fifty(50')feet and enhanced landscape buffering shall be provided per Section 4.4.G. -1,2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 2-3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 beds shall be permitted for the uses listed in Sections 3.3.B.1,3.3.B.2,4.3.B.1 and 4.3.B.3. 3,4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4.5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. Amended PUD(revisionl rev3 1-3-2013).doe 4-3 January 39 2013 D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subiect to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site.Exercise and other fitness /*".■ programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area:20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: I. Front Yard,Immokalee and Goodlette-Frank Roads:Fifty feet(50')for any portion of a building that is 42'in height or less; for portions of buildings exceeding 42' in height,that portion shall maintain a minimum setback at a ratio of 6 horizontal feet for each 1 foot of vertical height. 2. Front Yard,Internal Roads:Thirty feet(30') 3. Side Yard: Ten feet(10') Amended PUP(revision)rev3 1-3-2013).doc 4-4 January 32 2013 Five feet(5')to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront:Zero feet(0')to bulkhead or rip-rap at top of bank,otherwise twenty feet (20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet(3')for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road, tThree stories over parking to a maximum of fifty feet(50') : = ' _ °i'- beuy-except that no structure shall be greater than thirty-five feet(35');on property west of the Pine Ridge Drainage Easement. For parcels east of Goodlette-Frank Road: zoned height seventy-five feet (75'), actual height eight-five feet (85'), subject to additional front yard setbacks identified in 4.4.C.1 above,and additional setbacks from perimeter boundary of PUD identified in 4.4.C.6 above for any portion of the building that exceeds 35'in height adjoining residential districts,except where a maximum actual height'is stated for a specific use. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8.Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. FTC. To mitigate the impacts to the surrounding roadways on the residents within the facility and to enhance the living environment of residents, enhanced landscape buffers along Immokalee Road and Goodlette Frank Road will be provided. The enhanced buffer along Immokalee Road will incorporate the existing mature native vegetation to the greatest extent possible within a 40-foot wide buffer area,to provide at a minimum the equivalent of 1 tree;per.20 linear feet and understory or shrubs or other opaque screening of at least 6 feet in vertical height. The enhanced buffer along Goodlette Frank Road will incorporate the existing mature native vegetation to the greatest extent possible within a 30-foot wide buffer area,to provide at a minimum the equivalent of 1 tree per 20 linear feet. 4.5 DEVELOPMENT STANDARDS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR)for group housing uses,to permit an FAR of.6 for group housing uses,including the intermediate care facility. NAPLES/514133v.1 1/8/2013 3.53 pm NAPLES/614155,1B 1/9/2013 4.10 pm Amended PUD(revision]rev3 1-3-2013).doc 4-5 January 39 2013 (PLEASE PRINT CLEARLY) Agenda Item # 9 -0 MEETING DATE O 1 ( ' (Circle Meeting Typ Regular i Special Workshop Budget AGENDA ITEM TITLE C' e L 1C-S1L6 L' CO /i C-.c c� � ,� ?Cr') -- ¢6L 2- o/ a e'v NAME 4..G! w9k.6 i, -C,/5: V- - ADDRESS 1 3/S- /?Ls,1l N 6-Fc f'J L v y - I" i(' �--- Representing/Petitioner: Other: /?E/4/A/ 7°A-1 L=5 67 f/G COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY-- COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # 3 MEETING DATE ' -" 1 � `- (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE C `€ e 4S )G�(C- Vin cre r r U NAME ...CI-W(4(4. De--51A-v) ADDRESS ' 2 c S 04-- Representing/Petitioner: ` i0(i \-:HS RCS--e►'v Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR CO PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # q/-6 MEETING DATE �! (Circl Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE Pik-1 r fL-- 7o d NAME 4tQ-f+ 13,04 TWA.— ADDRESS ! 3/ / 1 • a A -a 4- Representing/Petitioner: Other: n11 6ia,< /cv COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY- -^ COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. %C.) YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # c-)), , MEETING DATE cy�, J 1 I� �J (Circle Meeting Type) egular Special Workshop Budget AGENDA ITEM TITLE plc" �� '� NAME 1 `J\) \* ADDRESS yoctt---v__ Representing/Petitioner: c QSQJP ( ,\ \"('1c Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WT LERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR W PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD r r_ (PLEASE PRINT CLEARLY) Agenda Item # (1 MEETING DATE C � ' i 1 \ .A -1) (Circle Meeting Type) Regular Special Workshop Budget rTh AGENDA ITEM TITLE Cxii _ �.ti_ c 5;- 1, C ! - � I NAME c,.X(1.1t : t0I'L /∎... ADDRESS 12)'? f1; c.v� ick - kra n 14 3 L j Representing/Petitioner: Other: j� ,�. .. , f L\r�.'a ----- COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES Q RES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR LU PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # 5 MEETING DATE 0. \1 '1 'j 1 , Lot (Circle Meeting Type) Rem Special Workshop Budget AGENDA ITEM TITLE CA..t..z ,.. L Cil7cJ - ,_; a - PL, Z .D I ;` NAME )id 4 1 l �". t2 ADDRESS I '') (`v k„.I/"t c" (i,;• k Representing/petitioner: Other: COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24 REQUIRES SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE I / /-7 (Circle Meeting Type Special Workshop Budget AGENDA ITEM TITLE 1 e��G`� ( c-�' NAME ('C>'V ' . ((` ADDRESS ( �f SI 6 `l i'�v 47 - `v1/--e Representing/Petitioner: Other: Co) ((re- S Aare `v COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT CLEARLY) Agenda Item # MEETING DATE / / i F (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE // , , 4 NAME �, ; , J )`A "(1•" ! ADDRESS I ri Representing/Petitioner: _.C4Y; r . .' ,�_ � Other: _A,�+ _4,_4 COLLIER COUNTY ORDINANCE NO.` 003-53, A AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS - SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD •--' -.1 V. L i e✓ ..�'� —"'LI I _ I (I L ✓; r` 4-L. PUBLIC NOTICE PUBLIC NOTICE NAPLES DAILY NEWS (( Friday,December 28,2012 K 11A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Col- lier County Planning Commission(CCPC)at 9:00 A.M.,Thursday, January 17, 2013, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples,Florida,to consider: PUDA-PL201 200001 1 1, Creekside Commerce Park Commercial Planned Unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordi- nance Number 2006-50,the Creekside Commerce Park Commercial Planned Unit Development(CPUD),as amended,by amending Sec- tion III, Industrial/Commerce District,to include hotel, motel, senior housing including independent living,assisted living,skilled nursing, continuing care retirement community and intermediate care facilities as additional uses,establishing a floor area ratio of.6 for the additional uses,and revising the development standards to increase the maxi- mum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet actual height; by amending Section IV, Business District,to include hotel,motel,senior housing including independent living,assisted living,skilled nursing,continuing care retirement com- munity and intermediate care facilities as additional uses,establish- ing a floor area ratio of .6 for the additional uses, and revising the development standards to increase the maximum height for parcels east of Goodlette-Frank Road to 75 feet zoned height and 85 feet ac- tual height for the CPUD property located in Section 27,Township 48 South,Range 25 East,Collier County,Florida,consisting of 105 acres; and by providing an effective date.[Coordinator:Nancy Gundlach, AICP,RLA,Principal Planner] LJ MADEIRA = C NORTH 23 sO COLDER NAPLES 24 22 MEDICAL Z HEALTH /� 6 TRPCTE23 CENTER HEALTHR PROJECT GARDENSBY 5 (DRI) PARK 1 NAPLES-IMMOKALEE\��, VETERAN 5 LO C AT O N ROAD (C.R.BOB) S COMMONS GREEN K GRANA EE SHOPP Epik SURREY CENTER L•/IMMOKALEE RECENT Z4a CONVALESCENT $ ROAD PARK t uE RAN'S CENTER !-y APLES - P,RK NORTHSIDE { OAILY NENS ' m CE TER MEDICAL(S) 4 26 4a• 27 4w. STONEBRIDGE 25 m W U Q S6 $� PELICAN JO f (CRESCENT S pRH (DRI) � 1 ESTATE All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been autho- rized to represent a group or organization should limit their presenta- tion to ten minutes.Persons wishing to have written or graphic materi- als included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. Written comments must be filed with the Department of Zoning and Land De- velopment Review prior to Thursday,January 17,2013, in order to be considered at the public hearing. All materials used in presentation 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. If a person decides to appeal any decision made by the Collier Coun- ty 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 any accommodation in order to participate in this 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 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Collier County,Florida Melissa Keene,Chairman 1 No.231195042 December 28,2012 AGENDA ITEM 10-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—PLANNING &ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING& REGULATION HEARING DATE: JANUARY 17, 2013 SUBJECT: REVIEW OF STAFF CLARIFICATIONS REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners (BCC). CONSIDERATIONS: On September 25, 2012, the BCC directed the County Manager to bring to the CCPC all written staff clarifications of the Land Development Code (LDC) for their review and comment. Staff Clarifications (SC) are those memorandums that have been written by the Planning & Zoning Director to provide guidance to staff when there are questions about the application of an LDC provision. These SC memorandums date back to 1997. These SCs have also been displayed on Zoning's website for several years. Pursuant to BCC direction, staff will evaluate past SCs to determine which ones have not been superseded by subsequent code amendments and will present all current SCs to the CCPC and to the Board for review and comment. On November 1, 2012, the CCPC recommended approval of the schedule for the CCPC and BCC review all the SCs associated with the LDC. Staff has reviewed the SCs for applicability according to the approved schedule. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: There is no GMP impact for this item. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for the CCPC review of Staff clarification memorandums on o, 2012. RECOMMENDATION: Recommendation for the Collier County Planning Commission to forward a recommendation to the BCC to accept the following Staff Clarifications: • SC-2007-01, Elevated Pad Mounted Air Conditioning Units • SC-2006-05, Fuel Tanks in RSF & E Zoning Districts • SC-2006-02, Golden Gate Estates Easements • SC-2005-02, Clubhouse Parking • SC-2004-05, Building Height Limitations, Exceptions • SC-2004-04, Accessory Structures, Maximum Lot Coverage 1 January 17,2013 CCPC-Revised: 12/12/12 PREPARED BY: • /2-/Z_. I Z RAYM' D V. B4C_ , ZONIRtTMANAGER DATE DEPAR MENT OF PLANNING AND ZONING REVIEWED BY: �2- IT- ft MIKE BOSI, AICP, INTERIM DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING APPROVED BY: N ' C• ALANGU TA, : 1., • TO' DATE GROWTH MANAGEMENT DI SION Tentatively scheduled for the February 12, 2013 Board of County Commissioners Meeting Attachments: 1. SC-2007-01, Elevated Pad Mounted Air Conditioning Units 2. SC-2006-05, Fuel Tanks in RSF & E Zoning Districts 3. SC-2006-02, Golden Gate Estates Easements 4. SC-2005-02, Clubhouse Parking 5. SC-2004-05, Building Height Limitations, Exceptions 6. SC-2004-04, Accessory Structures, Maximum Lot Coverage January 17, 2013 CCPC- Revised: 12/12/12 ATTACHMENT 1 �-. COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION:SC-07-01 DATE:18 June 2007 LDC SECTION:4.02.01.D SUBJECT:Elevated pad mounted Air Conditioning Units INITIATED:BY:Staff BACKGROUND/CONSIDERATIONS:LDC Section 4.02.01.D.6 states that wall-mounted A/C units may protrude two feet into a required yard. Section 4.02.01.D.9 states that pad-mounted A/C units are permitted in required yards. "Pad-mounted"has historically been interpreted by the Zoning Department as meaning mounted on the ground. DETERMINATION (CLARIFICATION):There has been some confusion related to the application of the aforementioned Land Development Code citation when issuing Building permits. It appears that the rule applying air conditioner encroachments has apparently been applied to allow A/C units placed on elevated pads to protrude well in excess of the two feet allowed by LDC Section 4.02.01.D.6.A/C units mounted on elevated pads would have the same impact as a wall mounted A/C unit however because the practice is common in coastal VE areas which require the units to meet flood elevation,up to at least 14 feet(VE 14)in some areas,it appears as if the rule allowing unlimited encroachment has also been applied to elevated pad mounted A/C units. In order to resolve this discrepancy it is my decision to treat these elevated units as"pad-mounted" regardless of the type of supporting structure however,I am limiting the extent of the encroachment to that which maintains the required separation distance between structures. A Land Development Code amendment will be prepared to incorporate this provision. In the interim,units meeting this limitation will be allowed to exist and new units which don't violate the building separation requirements may be permitted. AUTHOR:Susan M.Istenes,Director,Department of Zoning&Land Development Review VALIDATED:Mike Sawyer,Project Manager and Ray Bellows,Zoning Manager,Department of Planning&Zoning cc:Joseph Schmitt,CDES Administrator Bob Dunn,Acting Building Director ATTACHMENT 2 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION " ZONING &LAND DEVELOPMENT STAFF CLARIFICATION: SC-06-05 DATE: 3 January 2007 LDC SECTION: 1.08.02 (Definitions), 2.04.00 2.03.00 (Permissible, Conditional and Accessory Uses in Zoning Districts), 5.02.00 (Home Occupations) SUBJECT: High-capacity Fuel Tanks in Residential, Single-family and Estates Zoning Districts INITIATED BY: Staff, based on request for clarification by Code Enforcement Investigator BACKGROUND/CONSIDERATIONS: Code Enforcement has reported a number of complaints regarding high-capacity (500-plus gallon) gasoline and diesel fuel tanks being used in Estates zoning to support certain commercial businesses, such as hauling, lawn maintenance, excavation, and landscaping, being operated legally or illegally on the property. While home occupations are permitted by Section 5.02.00, this section also says that the home occupation shall be clearly incidental to the use of the home for dwelling purposes and shall not change the character of the dwelling. Additionally, Subsection H states that "no on-premise use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation." This section would apply to towed fuel tanks or fuel tank trucks having a fuel capacity of greater than 250 gallons. Such commercial vehicles would be prohibited regardless of whether the owner possessed a valid home occupational license since the use would not be typically associated with a single-family home. Section 1.08.02 defines an accessory use or structure as a use or structure located on the same lot or parcel and incidental or subordinate to the principal use or structure. In discussing the situation with the Building Director, the Engineering Review Manager, and representatives of the Fire Department, Environmental Services Department and Pollution Control Department, it is the consensus that high- capacity fuel tanks, both above and below ground, constitute an unacceptable and unnecessary hazard within Single-family and Estates zoning districts, in particular in Golden Gate Estates, where storage of large amounts of combustible liquid could pose a additional threat to an area already highly vulnerable to brush fires. High-capacity fuel tanks must be emptied regularly to avoid ATTACHMENT 2 contamination by rust particles, dirt, and water and can become varnished or gummy, clogging fuel lines and pumps, and there is no need for regular consumption of a high volume of fuel in connection with day-to-day activity associated with a single-family home.. For the purposes of this Staff Clarification, "high-capacity tank" is defined as any tank or container holding in excess of 250 gallons of fuel. This amount should be sufficient to power lawn tractors, lawn mowers, chainsaws, or other small motors typically used in a single-family home. Fuel tanks providing heating oil to homes, gasoline or diesel fuel to emergency generators, and propane tanks are exempt from the provisions of this Staff Clarification; although all state and local permitting requirements will apply. DETERMINATION (CLARIFICATION): It is the Zoning Director's determination that a high-capacity above ground or below-ground fuel tank is not a typical accessory use or structure incidental or subordinate to the principal use of a single-family home. Furthermore, the fact that the Code allows home occupations employing heavy vehicles and equipment powered by gasoline and diesel fuel does not justify the storage of large amounts of fuel in support of the home occupation. Such stockpiling would not be incidental to the use of the home and would be in violation of Subsection H, which addresses the storage of hazardous materials. AUTHOR: Susan M. Istenes, Director, Department of Zoning & Land Development Review VALIDATED BY: Kay Deselem, Principal Planner & Ray Bellows, Zoning Manager, Department of Planning&Zoning cc: Bill Hammond, Building Director Bill Lorenz, Environmental Services Director Ray Smith, Pollution Control Director Michelle Arnold, Code Enforcement Director Stan Chrznowski, Engineering Review Manager Ed Riley, Fire Code Official Susan O'Farrell, Environmental Investigator Zoning Department staff Building and Permitting Department Staff ATTACHMENT 3 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING & LAND DEVELOPMENT STAFF CLARIFICATION: SC-06-02 DATE: July 21, 2006 LDC SECTION: Division 6.3 Definitions (LDC Ord. 91-102) SUBJECT: Partial revision of definition of Yard, Front, relating to setbacks from access easements in Golden Gate Estates; the original language addressing this issue was inadvertently omitted from Ordinance 04-41 INITIATED BY: Staff BACKGROUND/CONSIDERATIONS: The language in LDC Ord. 91-102 was confusing in stating that access easements serving three or less lots of record "shall not constitute a front yard for the purposes of establishing building setback lines." This statement defeats the purpose of establishing access easements creating street frontage for one or two of the lots involved, which is to create a front yard for setback purposes. The original intent of the language was to prevent the establishment of new front yards on adjacent lots abutting the newly-created easement. In addition, the original language referred to bisecting and perimeter easements which have since been vacated. The proposed revised language clarifies the situation and eliminates the reference to bisecting and perimeter easements. DETERMINATION (CLARIFICATION): The LDC will be amended to revise the language as follows: "In the Golden Gate Estates Subdivision, access easements which are created to provide street frontage for three or fewer reconfigured or replatted lots, will constitute a front yard for the purposes of establishing building setback lines only for those lots on which the easement lies and not for any other lots abutting the easement." AUTHOR: Susan Murray, AICP, Director, Department of Zoning & Land Development Review VALIDATED BY: Nancy Gundlach, Principal Planner and Ray Bellows, Zoning Manager, Department of Planning& Zoning cc: Tom Kuck, Director, Engineering Services John Houldsworth, Senior Engineer David Weeks, Manager, Growth Management Bill Hammond, Building Director ATTACHMENT 4 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION: SC-2005-02 DATE:26 April 2005 LDC SECTION:2.05.04 SUBJECT:Calculation of parking for clubhouses INITIATED BY:Staff BACKGROUND/CONSIDERATIONS:BACKGROUND/CONSIDERATIONS: Section 4.05.04-Table 17(Parking Space Requirements) addresses the number of parking spaces required for a clubhouse that is associated with a golf course but does not address parking for a neighborhood clubhouse associated with a multi-family development;it addresses parking within a multifamily development for recreational facilities,but not for the clubhouse often associated with these facilities. This language is confusing and review of approved site plans shows that it has been subject to varying interpretations,resulting in an inconsistent application of the Code. In determining the number of parking spaces required,the Code lists a variety of uses typically associated with a golf course which may be located within the clubhouse or a separate structure;however,these uses are merely examples of uses associated with a golf course and not exclusive for consideration of required parking. 1. Under golf course,the code states that the parking requirement is"1 per 200 square feet for office/lobby/pro shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas" and than goes on to address exterior recreation. 2. Under multi family dwellings,the code states that"where small-scale recreation facilities are accessory to a single-family or multi-family project and intended only for the residents of this project,exclusive of golf courses/clubhouses,the recreation facilities may be computed at 50 percent of normal requirement where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities." DETERMINATION (CLARIFICATION):Effective this date,it is my determination that,for clubhouses associated with a golf course,which typically contain an office,lobby,pro shop, meeting room areas and lounge or dining room,the parking should be calculated utilizing all the square footage within the exterior walls. For clubhouses associated with multifamily developments,the parking should be calculated separately for the recreational facilities as specified in the Code,and separately for the clubhouse using the same method as for golf course clubhouses. AUTHOR:Joyce Ernst,Department of Zoning&Land Development Review VALIDATED BY:John Kelly,Planner and Ray Bellows,Zoning Manager,Department of Planning&Zoning cc:Staff Clarification file ATTACHMENT 5 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-05 DATE:November 10,2004 LDC SECTION: 1.09.02(Definitions:Building,zoned height of) SUBJECT:Exemptions from Building Height Limitations INITIATED BY:Zoning Department Staff BACKGROUND/CONSIDERATIONS:The following language is contained within the definition of zoned building height referred to above: "Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings." The Code does not further define "recreational space and accessory facilities," and a request for clarification of this language,with regard to the intent of the Code,has been received. DETERMINATION(CLARIFICATION): It is my determination that the language in question was intended to allow accessory uses which would not have the visual effect of increased building height,and refers to unenclosed,unroofed,and unairconditioned space for recreational use. This would include such uses as tennis courts, sun decks, running tracks, gym and exercise equipment,and swimming pools or spas which are not raised above rooftop level. The reference to accessory facilities would consist of those exceptions to height limitation identified in LDC Section 4.02.01.D.1 as infrastructure in support of the building, including structures which do not consist of air-conditioned, habitable space, such as those used to house equipment (pumps, condensers,generators,elevators,etc.). AUTHOR: Ross Gochenaur (for Susan Murray, AICP, Director, Department of Zoning & Land Development Review) VALIDATED BY:Fred Reischl,Senior Planner and Ray Bellows,Zoning Manager,Department of Planning&Zoning cc:Project planners Michael R. Fernandez,AICP,President,PDI ATTACHMENT 6 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION#SC 2004-04 DATE:July 26,2004 LDC SECTION:Division 2.6(Accessory Structures)and Division 6.3(Definitions) SUBJECT:Applicability of Maximum Lot Coverage for Accessory Structures INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: During review of a Site Development Plan for a multi- family project, staff was asked to clarify whether the limitations regarding size of accessory buildings - a maximum lot area in square feet that could be occupied by accessory buildings - would apply to an attached one-story structure providing parking for the residents of a multi- family high-rise tower. DETERMINATION(CLARIFICATION): It is my determination that a one-story parking structure attached to a multi-family tower would be considered part of the principal structure, and that the area occupied by the parking structure would not be used in the calculation of lot coverage by accessory structures. In Division 6.3, the definition of "Accessory Use or Structure" states that "Where a building is attached to a principal building, it shall be considered a part thereof, and not an accessory building,except as provided in Division 2.6..." Section 2.6.2.1. (Location of Accessory Buildings and Structures) states that '...in order to determine yard requirements,the term"accessory structure" shall include detached and attached accessory use structures of buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building.' Section 2.6.2.3. (Limitations as to Size of Accessory buildings and Structures) states that "Accessory buildings shall not occupy an area greater than five percent of the total lot area in all residential zoning districts, or occupy an area greater than 40 percent of any building envelope...whichever is the lesser..." It is my opinion that there is no exception in the language of Division 2.6 to indicate that a parking structure attached to a multi-family high-rise tower would not be considered part of the principal structure and therefore be exempt from accessory structure lot coverage requirements. AUTHOR:Susan Murray,AICP,Director,Department of Zoning&Land Development Review) VALIDATED BY:Mike Sawyer,Project Manager and Ray Bellows,Zoning Manager, Department of Planning&Zoning cc:Patrick White,Assistant County Attorney ---. Staff Clarification file AGENDA ITEM 11-A TRANSMITTAL MEMORANDUM DATE: October 3,2012 TO: Collier County Board of County Commissioners (BCC) Collier County Planning Commission(CCPC) FROM: Andrew Dickman,Chair Collier County Environmental Advisory Council(EAC) RE: Stormwater Management Pursuant to Section 2-1193(a) of the Collier County Code of Ordinances, the EAC is authorized to "Ident , study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County." The EAC seeks to raise awareness to environmental issues that should be assessed more thoroughly and evaluated in comparison with abutting counties listed below that may impact Collier County. The EAC hopes this memorandum will stimulate additional public debate and inspire new policy. Please find attached our summary report in connection with stormwater management and land use planning. The EAC's recommendations are: 1. Prepare a Collier County Low Impact Development Manual and then adopt Land Development Codes to implement innovative, cost neutral, onsite stormwater management. 2. Require onsite stormwater management, such as retention areas, for new construction in older subdivisions without treatment systems, rather than spending public funds on expensive swales and canals. 3. Adopt and implement growth management strategies, including incentives to direct new development into existing urban areas where stormwater management infrastructure is already in place. 4. Divide County into"drainage districts" and charge a stormwater user fee according to impact within these districts. 5. Protect natural groundwater recharge areas by preserving natural sheet flow, particularly in areas of projected high growth rates. 6. Work with the Water Management District to identify and implement strategies for reducing nutrient pollution from agricultural operations (citrus and row crops) keeping harmful nutrients out of existing stormwater management systems. The EAC strongly requests consideration and action on these recommendations, as part of the non-structural Wastershed Management Plan initiatives. STORMWATER MANAGEMENT Pollution discharge into natural water systems is a nationwide and local concern. "The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." Clean Water Act, 33 U.S.C. §1251 et seq. (1972) Introduction (applied irrigation and precipitation). When we water our yards, water our landscaping, and water our agriculture, or during rainfall, any water that isn't absorbed into the ground must flow somewhere depending on the nature of the watershed topography and existing man-made infrastructure. This "runoff' typically collects and transports one or more types of pollutants. How we manage runoff has dire public health and environmental consequences. Prior to intensified urbanization, surface waters flowed through wetlands in Collier County and into four primary estuaries.' Intense development over the past 70 years, including the extensive canal construction has substantially altered natural drainage patterns into these estuaries. Now all but the Ten Thousand Islands estuary are impaired with at least one type of dangerous pollutant directly linked to urbanization. Collier County Watershed Management Plan The Watershed Management Plan (WMP)2 was developed to protect water resource quality and quantity within each drainage area or watershed and the related receiving estuaries. The WMP identifies serious environmental and public health issues including: . 1) Excessive fresh water discharges from canals (including ground water discharges) especially to Naples Bay; 2) Limited conveyance capacities of various canals in the system for large storm events; 3) Pollutant loading associated with development may degrade water quality due to pollutant loading associated with development and agriculture; and 4) Aquifer impacts due to canal discharge, reduced ground water recharge, and potable and agricultural withdrawal demands. Correcting these issues unequivocally depends on our present and future decisions managing stormwater and irrigation runoff. Wiggins Pass,Naples Bay, Rookery Bay, and Ten Thousand Islands (north to south). However, there are other smaller and important estuaries along our coastline that require equal protection. 2 Prepared by Collier County Stormwater and Environmental Planning Section and Atkins North America, finalized November 2011 and accepted by the BCC on December 13, 2011. The WMP is online at www.colliergov.net/Index.aspx?page=2302. 1 Growth Management. The WMP links land use with pollution in the"down stream" estuaries that are vital to this community. Collier's population increased 32.5% between 2000 and 2010. Florida's rate was 17.6%. Collier's 2010 total population is estimated at 285,000, and population growth is projected to be 334,000 in the year 2020, or a 17.2% increase. Florida's projected growth rate is 10%.3 Looking within Collier County, population growth directly impacts specific watersheds and receiving estuaries. Growth management planning is essential to accommodate new development because appropriate future land use is the key to, among other things, restoring and then protecting our estuaries from anthropogenic impacts. Planning Community; 2010 2020 Change Growth Rate NN-North Naples 55,041 59,559 4,518 8.2% SN-South Naples 28,689 36,416 7,727 26.9% CN-Central Naples 18,845 19,668 823 4.4% EN-East Naples 22,320 22,602 282 1.3% �-. GG-Golden Gate 44,925 47,265 2,340 5.2% UE-Urban Estates 38,658 44,074 5,416 14.0% RE-Rural Estates 34,739 36,069 1,330 3.8% M-Marco 1,219 1,240 21 1.7% RF-Royal Fakapalm 11,797 19,610 7,813 66.2% C -Corkscrew 4,550 21,368 16,818 369.6% I -Immokalee 24,154 26,317 2,163 9.0% BC-Big Cypress 233 268 35 15.0% Intra County and Regional Coordination. Collier County is diverse. With urbanized, rural fringe, rural, agricultural, and conservation areas. We have both incorporated cities and unincorporated areas. Growth management and stormwater management coordination is imperative. Uncoordinated decisions in one area likely will impact other areas. Preparation for population growth countywide within planning areas is vital. Understanding how other counties in our region accommodate development and manage stonnwater is a necessity. The following 3 Source: Florida Bureau of Business and Economic Research (medium estimates.) Source: Collier County Growth Management Division (medium estimates.) 2 provides a snapshot of regional stormwater strategies and offers recommendations for Collier County. The WMP was developed to satisfy a Growth Management Plan commitment to assess and protect water resources. The project was funded in 2007. Atkins (formerly PBSJ) was hired in 2009 to update the Big Cypress Basin hydrologic / hydraulic model, and develop the WMP. They reviewed existing reports, evaluated existing water resource conditions and developed alternatives to restore or mitigate identified problems. The WMP in and of itself is not intended to be regulatory. The WMP recommended initiatives may lead to regulations and/or regulatory policies. The recommendations serve as a guide in developing policies, programs, ordinances or regulations to restore and protect Collier water resources. Collier County The WMP demonstrated that Collier County's major problem with water quality is nutrient pollution. A recently prepared nutrient budget for Collier County demonstrated that the major sources of Phosphorous pollution are citrus, high density residential housing and field crops. in that order. For Nitrogen, the major contributors are citrus, field crops and residential-low density housing. The contributions to nutrient pollution from agriculture are more than twice that of urban contributions. Collier County recently enacted a Fertilizer Ordinance designed to reduce contributions in the urban area, but steps are also needed to reduce contributions from agriculture. A comparison of Lee's GMP and land development regulations with those of Collier County regarding stormwater strategies suggests that both counties seem to be complying with applicable regulations. How each county funds stormwater management is different. Lee County is divided into "drainage districts" and charges a stormwater tax according to impact within these Lee County districts. It should be noted that Sarasota County also charges a stormwater tax countywide. It appears eight to 10 Florida counties have taxes in place dedicated to improving and managing stormwater. South Florida Water Management District was instrumental in determining the drainage districts and appropriate taxes for Lee County. Map series, quality and timeliness in Charlotte County is outstanding. The maps clearly show re-charge areas. In an effort to preserve floodplain areas, wetlands and aquifer re-charge areas, Charlotte County Charlotte limits development in those impacted areas. Charlotte County development in western part of the county concentrates on urban revitalization and infill encouraging development where stormwater management is already in place. Compromises in Miami-Dade stormwater system and aging infrastructure problems related to the stormwater system have been identified by the South Florida Regional Planning Council. The Everglades Plan to restore water flow will have a minor impact on the Big Cypress area in Collier County. Miami-Dade County Southeast Florida is focusing on very expensive and retroactive `fixes' for their stormwater and related infrastructure problems. As Collier County urbanizes, policies must prevent stormwater issues rather than "fixing"them after the fact. Monroe County requires that new single family and duplex homes located in subdivisions that do not have an existing stormwater management system must provide an on site stormwater management plan. Alterations of existing facilities which result in an increase in impervious area also fall under this requirement. Monroe County has an abundance of existing subdivisions which have not been built out. Most of these subdivisions were designed Monroe County prior to requirements for including stormwater treatment systems. As these subdivisions are built out there would be tendencies for the quantity of stormwater coming off them to increase while the quality deteriorates. The requirement for all new development to provide for stormwater treatment tends to reduce this problem. A similar requirement in Collier County would tend to reduce the trend in some of the existing large subdivisions that have many vacant lots to have increasing problems with flooding and deteriorating water quality at no significant cost to the County. 4 The Sarasota Stormwater Management Plan illustrates the County's uses of multiple infrastructure for stormwater management: soft drainage approach, natural drainage ways, man made lakes, canals, road swales, and larger drainage pipes. Sarasota uses flooding protocols throughout the county. The County uses side berms to allow greater flows during flood event. Sarasota County Sarasota employs multiple flood control methods: larger lakes for better storage, over bank spillways, weir outflow structures, man made canals, larger road swales configured as a pan bottom, and canal flow structures. Sarasota has identified the following strategies for future improvements: reducing flow restrictions construction of new canals, and replace bridges that restrict flow. Recommendations. 1. Prepare a Collier County Low Impact Development Manual and then adopt Land Development Codes to implement innovative, cost neutral, onsite stormwater management. 2. Require onsite stormwater management, such as retention areas, for new construction in older subdivisions without treatment systems, rather than spending public funds on expensive swales and canals. 3. Adopt and implement growth management strategies, including incentives to direct new development into existing urban areas where stormwater management infrastructure is already in place. 4. Divide County into "drainage districts" and charge a stormwater user fee according to impact within these districts. 5. Protect natural groundwater recharge areas by preserving natural sheet flow, particularly in areas of projected high growth rates. 6. Work with the Water Management District to identify and implement strategies for reducing nutrient pollution from agricultural operations (citrus and row crops) keeping harmful nutrients out of existing stormwater management systems. 5