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Agenda 11/10/2015 Item # 9A 11/10/2015 9.A. EXECUTIVE SUMMARY Recommendation to not adopt the Southbrooke Office Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and not to transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20140002143/CPSS- 2014-4) [Companion to Petition PUDZ-PL20140002077]. OBJECTIVE: For the Board of County Commissioners (Board) to not adopt the proposed small-scale Growth Management Plan amendment and not to approve said amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard only once by the Collier County Planning Commission (CCPC) and the Board. If approved by the Board, the petition is transmitted to the Florida Department of Economic Opportunity (DEO). If no adopted by the Board, the petition is not transmitted to the DEO. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of small-scale amendment, as identified below, followed by staff comments in[brackets]. 1. The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises +5.18 acres.] 2. The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [As of July 7, 2015, three small scale GMP amendments have been approved in calendar year 2015 for a total of 18.776 acres (0.876 + 7.9 + 10); no other small scale GMP amendments have been approved since July 7. Including the subject site, a total of three small scale GMP amendments are presently under review —comprising 22.06 acres total (5.18 + 6.96 + 9.92).] 3. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment are permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly related text change.] 4. The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] Note: Because the support materials are voluminous, and some exhibits may be oversized, the Agenda Central system does not contain all of the related documents pertaining to this GMP 1 Packet Page-33- 11/10/2015 9.A. amendment petition. The entire Executive Summary package, including all support materials, is included in the binder that is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401,Naples. This petition seeks to amend the Golden Gate Area Master Plan Element (GGAMP) of the Collier County Growth Management Plan to: a. Establish the new Southbrooke Office Subdistrict on the subject 5.18-acre site to allow up to 40,000 square feet of gross floor area for uses allowed in the C-1, Commercial Professional and General Office zoning district; b. Revise the area-wide Golden Gate Area Future Land Use Map (FLUM) to reflect this new map designation; and, c. Create the new Southbrooke Office Subdistrict inset map, part of the FLUM Series, to reflect the new designation of the subject site. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A. FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data and analysis, staff makes the following findings and conclusions. More analysis is provided in the Staff Report to the CCPC. • The Future Land Use Element (FLUE) and the GGAMP currently provide for future commercial development to accommodate the growing population in, and direct it to, Urban Designated Areas, Mixed Use and Interchange Activity Centers, and Neighborhood Centers; • The 2011 Evaluation and Appraisal Report (EAR) did not call for any amendments to this segment of the Immokalee Road corridor, and the existing GGAMP continues to reflect the adopted vision of the greater community; • The re-study of the GGAMP taking into consideration the desires of the greater community should remain paramount, and not be set aside by a single, piecemeal proposal; • The existing Future Land Use designation allows for non-commercial uses already recognized as viable transitional uses on the subject site (essential services); • The existing Future Land Use designation allows for viable residential development of one single family dwelling unit per tract (two units total), albeit at a price point reflective of the site's location. Staff does not accept the petitioner's assertion to the contrary and staff notes there are existing developed single family neighborhoods that back up to a 6-lane divided roadway — including Pebblebrooke Lakes about two miles to the east on Immokalee Road, and Regent Park about two miles to the west on Immokalee Road (other locations are identified in the CCPC Staff Report). These other locations are all urban sized lots - 1/4 to 1/3 of an acre with about 130 feet of depth - vs. the subject site comprised of two Golden Gate Estates tracts of about 2.5 acres each and 300 feet of depth; • The commercial development across Immokalee Road to the north does not render the subject site incompatible for single family development. Most of those commercial uses are office or other non-retail uses; and, those uses are oriented to the north where they access Executive Drive, not Immokalee Road. While many may find the subject site undesirable for 2 Packet Page-34- 11/10/2015 9.A. single family development, some may find it acceptable as would be reflected in the price point for this location; • This petition introduces commercial development on the south side of Immokalee Road, within the Estates designation, where none presently exists; • If this petition is approved, the parcel adjacent to the east will become eligible for Transitional Conditional Uses (conditional uses allowed in the E, Estates zoning district, e.g. church, child care, nursing home, social and fraternal organization, etc.) and more-attractive to commercial development; • The site's mid-block location introduces isolated commercial development, which is discouraged by the GMP; • Approving this single mid-block commercial property is akin to spot zoning; • Of all of the privately-initiated amendments to the GMP since its adoption in 1989, to allow commercial-only development, none are located mid-block—this would be the first one; • No infrastructure related concerns result from this amendment. Concerns related to vehicular access to Immokalee Road are worth noting, but are addressed in the companion PUD rezone petition; • No adverse environmental impacts result from this amendment; • No historic or archaeological sites are affected by this amendment; • Based on data and analysis submitted for the supply of existing and potential commercial professional and medical office development and demand within the trade area for the subject site, the additional need for commercial professional and medical office uses contemplated by this amendment to serve the surrounding residential areas has been demonstrated; • Located within Activity Center No. 4 are a number of Planned Unit Developments and commercially zoned properties, totaling approximately 1,106,400 sq. ft. commercial professional and medical office floor area and more than 188 acres — developed and undeveloped — with more than 45,380 undeveloped square feet approved for commercial development that can accommodate a portion of this identified need. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: "plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an 3 Packet Page-35- 11/10/2015 9.A. appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue." 163.3177(1)(f), FS. In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies,public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community's economy. And FLUE map amendments shall also be based upon the following analysis per Section 125.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [HFAC] GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for transmittal to the Florida DEO will commence the thirty-day (30) challenge period for any affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-one days (31) after Board adoption. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the BCC not adopt and transmit this small-scale GMP amendment to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard this petition at their September 3, 2015 meeting. The CCPC voted unanimously to forward the subject petition to the Board with a recommendation to adopt and transmit to the Florida 4 Packet Page-36- 11/10/2015 9.A. Department of Economic Opportunity, with a minor text change which is reflected in the proposed ordinance. There were two speakers at the CCPC meeting; one spoke in favor of the petition; the other, representing the Oakes Estates Neighborhood Association, the residential neighborhood to the south, east and west, expressed non-objection to the petition and thanked the petitioner for working with the neighborhood to address their concerns. That Association also provided a letter of non-objection. Prepared by: Corby Schmidt,AICP, Principal Planner, and David Weeks,AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department Attachments: ]) CCPC Adoption Staff Report 2) Ordinance and Exhibit "A"text and maps 3) Project application and documentation - available at: http://www.colliergov.net/ftp/2015BCCMeeti ngs/AgendaOct1315/Growth Mgmt/CPSS- 2014-4 Southbrooke%20Subdistrict Petition.pdf 4) Public Notice (2) 5 Packet Page-37- 11/10/2015 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to not adopt the Southbrooke Office Subdistrict small- scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and not to transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20140002143/CPSS-2014-4) [Companion to Petition PUDZ-PL20140002077). Meeting Date: 11/10/2015 Prepared By Name: KendallMarcia Title: Planner, Senior, Growth Management Department 9/11/2015 1:26:26 PM Submitted by Title: Planner, Principal, Growth Management Department Name: SchmidtCorby 9/11/2015 1:26:27 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 2:35:17 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 2:36:08 PM Name: BosiMichael Title: Division Director-Planning and Zoning, Growth Management Department Date: 9/15/2015 3:03:13 PM Name: WeeksDavid Title: Manager-Planning,Comprehensive Planning Date: 10/20/2015 5:00:15 PM Packet Page-38- 11/10/2015 9.A. Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/21/2015 5:01:11 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/22/2015 8:45:53 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 1 0/23/2015 9:34:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 4:02:49 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/29/2015 5:10:33 PM Packet Page-39- 11/10/2015 9.A. .1** STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: September 3, 2015 (continued from August 6) SUBJECT: PETITION CPSS-2014-4/ PL-2014-0002143, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (ADOPTION HEARING) ELEMENT: GOLDEN GATE AREA MASTER PLAN (GGAMP) APPLICANT/OWNER/AGENTS: Thomas H. Dahbura D. Wayne Arnold HUB Condo Rentals, LLC Q. Grady Minor&Associates, PA 18223 Shawley Drive 3800 Via Del Rey Hagerstown, Maryland 21740 Bonita Springs, Florida 34134 Steven J.Bracci, PA 9015 Strada Steil Court, Suite 102 Naples, FL 34109 GEOGRAPHIC LOCATION: The ±5.18 acre subject property is located mid-block, on the south side of Immokalee Road (CR 846) and north side of Autumn Oaks Lane, approximately 0.7 mile east of I- 75, and comprised of Tracts 51 and 70 of Golden Gate Estates Unit 97, in Section 29, Township 48 South, Range 26 East. REQUESTED ACTION: Amendment to the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan and to the GGAMP Future Land Use Map and Map Series, to establish the Southbrooke Office Subdistrict in the Estates - Commercial District for up to 40,000 square feet of gross floor area for uses allowed in the C-1, Commercial Professional and General Office zoning district, affecting fewer than ten (10) acres. The proposed GGAMP map amendment is accompanied by new Subdistrict text, as follows: B. Estates - Commercial District *** *** *** *** *** text break *** *** *** *** *** 7. Southbrooke Office Subdistrict The Southbrooke Office Subdistrict is approximately five (5) acres and is located approximately 1/4 mile east of Oakes Boulevard on the south side of Immokalee Road. The intent of the subdistrict is to permit general office, medical office, and business service uses generally consistent with those uses permissible by right, or as conditional use in the C-1 commercial professional and general office zoning district. This subdistrict will serve as a transitional use from the general commercial uses found on the north side of Immokalee Road and the 6-lane Immokalee Road arterial roadway, to the low density, large-lot Estates residential area south of the subdistrict. Development within the subdistrict is encouraged to be rezoned as a PUD in order to provide greater specificity of permitted land uses, development standards and any necessary operational characteristics. A maximum of 40,000 square feet of commercial development shall be permitted. All buildings will be limited to single-story, and shall be constructed in a common architectural theme. A - 1 - Packet Page-40- 11/10/2015 9.A. minimum 30' wide vegetated buffer shall be provided adjacent to Autumn Oaks Lane, which shall consist of retained native vegetation. Access to the subdistrict shall only be from Immokalee Road. PURPOSE/DESCRIPTION OF PROJECT: To re-designate the property from the Residential Estates Subdistrict in the Estates - Mixed Use District, to the Southbrooke Office Subdistrict in the Estates - Commercial District. A companion petition [PUDZ-PL-2014-0002077] would rezone the ±5.18 acre property from the Estates zoning district to the Southbrooke Office PUD. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Property: The subject ±5.18 acres is currently zoned E, Estates District and undeveloped. The present Future Land Use designation of Estates - Mixed Use District, Residential Estates Subdistrict as identified on the GGAMP Future Land Use Map allows single-family residences, and limited non-residential uses (e.g. community facilities, essential services, etc.). Surrounding Lands: North of the Subject Property: Across Immokalee Road, a 6-lane divided arterial roadway, and an east-west drainage canal, is land currently zoned Quail II PUD and developed commercially [allowing for C-3 uses] with an automobile service station, bagel place, walk-in medical clinic, specialty medical providers and labs, dental offices, real estate offices, child daycare facility, home care services provider, and other similar uses located along Executive Drive. Approximately 89,598 commercial sq. ft. are developed of the 184,000 sq. ft. approved. Further to the north are residential portions of Quail II where 512 residences are approved for development. The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. West of the Subject Property: Land is currently zoned E, Estates and developed with a water management feature. Further to the west are places of worship and vacant Estates parcels. The Future Land Use designation is Estates - Mixed Use District, Residential Estates Subdistrict on the Future Land Use Map. The "1-75 and Immokalee Road Interchange Activity Center" lies less than one-half mile west. South of the Subject Property: Across Autumn Oaks Lane, a 2-lane undivided local road, land is currently zoned E, Estates where single-family residences and residential lots, as parts of the Golden Gate Estates subdivision are found. The Future Land Use designation is Estates - Mixed Use District, Residential Estates Subdistrict on the Future Land Use Map. East of the Subject Property: Land is currently zoned E, Estates and undeveloped. Further to the east are places of worship (including one providing a child care and preschool educational "academy", and elementary school, and another providing accessory classrooms), and North Naples Fire Station 42. The Future Land Use designation is Estates - Mixed Use District, Residential Estates Subdistrict on the Future Land Use Map. In summary, along with the commercial development on the north side of Immokalee Road, the current zoning and, existing and planned land uses in the area immediately surrounding the mid-block subject property are primarily suburban- and estate-type residences or residential lots in all directions. STAFF ANALYSIS: Background and Considerations: The Estates designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Residential density is limited to a maximum of one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses. Multiple family dwelling units, duplexes, and other structures containing two or more principal dwellings, are prohibited in all Districts and Subdistricts in this Designation. -2- Packet Page-41- 11/10/2015 9.A. Generally, the Estates Designation also accommodates future non-residential uses, including: • Conditional uses and essential services as defined in the Land Development Code, except as prohibited in the Neighborhood Center Subdistrict. Also, refer to the various nonresidential uses allowed in the Conditional Uses Subdistrict. • Parks, open space and recreational uses. • Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance No. 04-41, adopted June 22, 2004, effective October 18, 2004) and consistent with locational requirements in Florida Statutes. Group Housing includes the following type facilities: • Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. • Group Care Facility, • Care Units, • Adult Congregate Living Facilities, and • Nursing Homes. • Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. The existing Future Land Use designation allows for viable residential and the above non-residential uses on the subject site. Most of the uses allowed by conditional use would also require a GMP amendment at the subject site's location. Application materials however, do not suggest that these non-commercial uses were taken into consideration in the analysis of the site. When the GMP was adopted in 1989, it established the Mixed Use Activity Center Subdistrict (MUAC), the Commercial Under Criteria [infill] provision, and the PUD Neighborhood Commercial Subdistrict in the Future Land Use Element (FLUE) as the only provisions to allow establishment of new commercial zoning. The MUAC states, in part: "The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community." MUACs are located at the intersection of two arterial roads or an arterial road and a collector road. Coinciding with the MUAC concept, FLUE Policy 3.1 included the provision to establish a zoning reevaluation program for the purpose of evaluating properties whose existing zoning was inconsistent with the FLUE and FLUM (Future Land Use Map) and the properties were unimproved. Relevant to this petition, the overall objective was to rezone the inconsistently zoned and unimproved commercial properties to zoning districts consistent with the FLUE so as to eliminate strip and isolated commercial zoning while directing most new commercial zoning to MUACs. [emphasis added] With the exception of private sector initiated GMP amendments that established site-specific commercial subdistricts, broad provisions for commercial-only development (as opposed to mixed use) have not changed significantly since 1989: MUACs at 1-75 interchanges are now labeled Interchange Activity Centers, all MUACs have become boundary-specific, and some Activity Center boundaries were expanded and some contracted; the Commercial Under Criteria provision was replaced with a new infill subdistrict (Office and Infill Commercial); and, the PUD Neighborhood Commercial Subdistrict was modified and re-named PUD Neighborhood Village Center Subdistrict. When the Golden Gate Area Master Plan Element (GGAMP) was adopted in 1991, it established within the Estates designation (as opposed to the Urban designation for Golden Gate City and Rural Settlement Area designation for the present day area zoned Orangetree PUD and Orange Blossom Ranch PUD) the Neighborhood Center Subdistrict, Randall Boulevard Commercial Subdistrict, Pine -3- Packet Page-42- 11/10/2015 9.A. Ridge Road Mixed Use District, and Estates Commercial Infill Subdistrict as the only provisions to allow establishment of new commercial zoning. Neighborhood Centers are located at the intersection of two collector roads or higher classification. With the exception of private sector initiated GMP amendments that established, or expanded, site-specific commercial subdistricts, broad provisions for commercial-only development have not changed significantly since 1991: a new Commercial Western Estates Infill Subdistrict was established - but will not be developed as the site is now owned by Collier County. In summary, the FLUE and GGAMP still direct most new commercial development toward Activity Centers and Neighborhood Centers. Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically Section 163.3177(6) (a) 2.A-j, listed below. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. In addition to the requirements enumerated above, it is recognized that community desires may be considered (e.g. if the community has an articulated vision for a particular area as to the type of development desired, such as within a Community Redevelopment Area), and if existing incompatibilities are present (e.g. presently allowed uses would be incompatible with surrounding uses and conditions). It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a GMP amendment, then present and defend, as necessary, that data and analysis. Application's Justifications for Proposed Amendment: (Refer to Explanation/Justification for Proposed Amendment) The justifications asserted in the application's supplemental information for the proposed amendment are: • The site is not well suited to agricultural uses; • The site is not well suited to residential development due to its shallow depth adjacent to an arterial roadway; • The site is well suited to office development due to its access and exposure to an arterial roadway; -4- Packet Page-43- 11/10/2015 9.A. • Residential development is not evident along this segment of Immokalee Road; Examples of uses along this corridor include churches, a fire station and a County Water retention area; and, • A companion PUD project will provide native vegetation preservation in excess of the minimum required, in an effort to further the rural character encouraged by the GGAMP. Assessment of the application's justifications finds them to be mainly unsupportive or not applicable toward the proposed amendment, as follows: Agricultural uses are not planned at this location; Access and exposure to Immokalee Road make the site comparably-well suited for other residential and non- residential uses; Institutional and other non-residential uses evident along this segment of Immokalee Road lend support to developing other similar, limited uses already recognized as viable transitional uses and allowed by this land use designation (i.e. essential services) - not to establishing new commercial land uses not now allowed; and, efforts to reflect the semi-rural character of the Estates are expected from all such project proposals. As to residential suitability, staff acknowledges the depth of the two subject parcels (±300 feet) is far less than the typical Golden Gate Estates tract (660 feet), and the location on a 6-lane divided arterial road. However, staff notes there are numerous examples of single family dwellings located on such roadways - including urban size lots much smaller than the subject parcels which are ±2.25 acres in size. Some examples include: A) 13 lots in Regent Park PUD, located between Airport Road and Livingston Road, on the south side of 6-lane, divided Immokalee Road; B) 20 lots in Pebblebrooke Lakes Phase Three subdivision (Richland PUD), located between Gulf Coast High School and Collier Blvd., on the south side of 6-lane, divided Immokalee Road; C) 30 lots within Naples Twin Lakes First Addition, Morning Side, Sorrento Gardens Unit 3, and Hill Top subdivisions, located between Pine Ridge Road and Solana Road, on the west side of 6-lane, divided Goodlette Road - including one lot that also backs up to an FPL substation and another that also abuts a retail center; D) 16 lots within Northgate Village Units Two and Three, located between Goodlette Road and Forest Lakes Blvd., on the south side of Pine Ridge Road -all of which are opposite developed properties zoned commercial on the north side of Pine Ridge Road including fire station, funeral home, offices, retail, self-storage, car wash; and, E) Numerous single family lots/parcels along 1-75 including in Golden Gate Estates between Pine Ridge Road and Golden Gate Canal, within Berkshire Lakes PUD between Golden Gate Canal and Santa Barbara Blvd. Additionally, along Oil Well Road in Golden Gate Estates, between Desoto Blvd. and Orange Blossom Ranch PUD, there are 63 privately owned tracts (as small as 0.8 acres but mostly 1.7 acres) zoned E, Estates, of which 14 contain a single family dwelling unit. Oil Well Road varies from 2 lanes to 6 lanes in this area. Further, desirability and acceptability is subjective-what one person finds desirable and/or acceptable, another person may not. Desirability, or relative lack thereof, impacts price point (think of the real estate mantra: location, location, location). Nonetheless, this application for a GMP amendment provides data and analysis in support of commercial office development. Detailed analyses are provided further below. Commercial Development: The segment of Immokalee Road between I-75/Northbrooke Drive and Collier Boulevard (CR 951) is anchored at each of these intersections by Mixed Use Activity Center (MUAC) Subdistricts. The MUACs in Collier County are comprehensively planned to provide ample commercial development opportunities. These planned locations are purposely sized and spatially arranged to encourage and support a healthy business environment Countywide and, to discourage and avoid over commercialization and strip development. The subject property lies within a few hundred feet of Mixed Use Activity Center No. 4. • Activity Center No. 4 comprises 59 acres in the northeast quadrant of the Immokalee Road - 1-75 interchange, and is zoned for 270,000 sq. ft. of commercial uses, in the Northbrooke Plaza MPUD, with a private university, an automobile service station, restaurants, private school, walk-in veterinary clinic, specialty medical providers and labs, dental offices, personal service providers, and other similar uses located along International Drive, Northbrooke Plaza Drive and other local -5- Packet Page-44- 11/10/2015 9.A. streets. This quadrant has more than 18,000 undeveloped yet developable sq. ft. on approximately 10 acres available for Mixed Use Activity Center Uses. • Activity Center No. 4 comprises 49.2 acres in the southeast quadrant of the Immokalee Road - I- 75 interchange, and is zoned for 330,000 sq. ft. of commercial uses and developed as the Malibu Lake PUD (now including Brentwood and Crestwood PUDs), with a Super Target, restaurants, multiple retail establishments, branch banks, and other similar uses located along Tarpon Bay Boulevard and local streets. This quadrant has more than 58,210 undeveloped yet developable sq. ft. on approximately 1.5 acres (net) available for Mixed Use Activity Center Uses. However, staff acknowledges the available 1.5 acres cannot accommodate this entire available square feet figure; instead, perhaps actual potential development may be a "rule of thumb" figure of 10,000 sq. ftiacre yielding an undeveloped yet developable sq. ft. figure of 15,000 sq. ft. • Activity Center No. 4 comprises 40 acres in the northwest quadrant of the Immokalee Road - 1-75 interchange, and is zoned for 200,000 sq. ft. of commercial uses, as part of Pelican Strand PUD/DRI, with an automobile service station, fast food restaurant, professional services offices, specialty medical providers and labs, grocery store, branch banks, and other similar uses located along Strand Boulevard and Tavilla Circle. This quadrant is fully developed with Mixed Use Activity Center Uses. • Activity Center No. 4 comprises 40 acres in the southwest quadrant of the Immokalee Road - 1-75 interchange, and is zoned for 250,000 sq. ft. of commercial uses and developed as the Donovan Center, and other PUDs, with a WalMart Super Center and a cellular phone service provider located along Juliet Boulevard and local streets. This quadrant has approximately 12,382 undeveloped yet developable sq. ft. on 2.05 acres (net) available for Mixed Use Activity Center Uses. Additional commercial development [that provides additional opportunities for office uses] is evident outside Activity Center No. 4, including the following approved projects: ♦ Olde Cypress commercial component (12.5 acres/165,000 sq. ft. of commercial) in the Olde Cypress DRI [approximately 3 mile east at Immokalee Road-Preserve Lane intersection] ♦ Quail II commercial component (184,000 sq. ft. of commercial) in the Quail II PUD [immediately north via Executive Drive]. The above-listed sites are located within the Support Area described in the needs analysis submitted with this petition, and currently provide a total of nearly 349,000 sq. ft. of commercial space - while more than 45,380 square feet already approved for commercial development have vet to be developed. Sources: March, 2015 Planned Unit Development(PUD) Master List (prepared and maintained by the Collier County Transportation Planning Section) and the Collier County Interactive Growth Model (CIGM). This subject property is regulated by provisions of both the Golden Gate Area Master Plan (GGAMP) and the Future Land Use Element (FLUE) of the Growth Management Plan. FLUE provisions direct new commercial development into areas designated for commercial land uses - 'Mixed Use Activity Centers', 'Mixed Use Subdistricts' and 'Commercial Subdistricts'. Similarly, GGAMP provisions direct new commercial development into areas designated for commercial land uses - 'Urban Designated Areas' and 'Neighborhood Centers'. All of these areas designated for commercial land uses by the GGAMP and FLUE are counted toward the inventory of land available for development, even if they are not yet zoned commercial. Generally, commercial development within a community can be categorized as strip commercial development, neighborhood commercial, community commercial, regional commercial, and so forth. Based on specific studies and/or demographic data for an area, such as population, income, -6- Packet Page-45- 11/10/2015 9.A. household size, percentage of income spent on retail goods, etc., an analyst is able to estimate supportable commercial square feet for professional and general offices for that geography by shopping center type. Collier County provides for commercial opportunities in numerous neighborhood, community and regional centers, but does not support any strip development. Commercial Demand Analysis: (Refer to Attachment "VD." Commercial Needs Analysis) The firm of MJT Realty Economic Advisors, Inc. conducted a Commercial Needs Analysis dated November 14, 2014 with an amended date of February 4, 2015, identifying the market conditions within a 5-minute and 10-minute drive time from the subject site. This analysis provided an assessment of the professional and medical office needs for the existing and projected population within the site's "trade area". Comprehensive Planning Department staff utilized the Subdistrict's Support Area as described in the Commercial Needs Analysis submitted with this petition and available County resources to conduct a thorough evaluation of the CPSS-2014-4 proposal, with the following results: Section 3.0, Overview of Needs Analysis The Analysis provides a geographic Trade Area that is not the typical radial measurement or a road mileage distance mirroring expected traffic patterns. This Trade Area represents vehicular travel times, and is divided between 5-minute and 10-minute drive times, as follows: • The 5-minute drive time Trade Area is approximately 5.5 miles long centered along the 1-75 corridor, by approximately 5.5 miles wide centered along the Immokalee Road corridor. • The 10-minute drive time Trade Area is approximately 15 miles long centered along the 1-75 corridor, by approximately 9.5 miles wide centered along the Immokalee Road corridor. Section 4.0, Demand for Professional and Medical Office Space Year 2030 build-out population in the 5-minute drive time Trade Area is projected to be 20,115; while build-out population in the 10-minute drive time Trade Area is projected to be 116,220. These 5-minute drive time and 10-minute drive time Trade Area populations will support 3,068 office employees and 20,540 office employees by 2030, respectively. In turn, the amount of office space needed to accommodate office employees in the 5-minute drive time and entire 10-minute drive time Trade Areas is projected to be 460,145 sq. ft. and 3,081,027 sq. ft. by 2030, respectively. Section 5.0, Supply of Professional and Medical Office Space The existing supply of professional and medical office square feet is 261,370 sq. ft. within the 5- minute drive time and 1,510,767 sq. ft. within the entire 10-minute drive time. Another undeveloped 14.5 acres zoned for comparable office uses in the Trade Area provide approximately 109,000 sq. ft. of potential professional and medical office space. More than 61 undeveloped acres designated for comparable land uses in the Trade Area potentially provide another 521,255 sq. ft. of professional and medical office space to be developed by 2030. Together, the potential and existing supply of professional and medical office can be projected to be 302,689 sq. ft. within the 5-minute drive time and 2,141,022 sq. ft. within the entire 10-minute drive time by 2030, respectively. Section 6.0, Calculation of Net Need and Conclusions The Commercial Needs Analysis found that the professional and medical office square feet demand that can be supported by the area's population projected in 2020 is 88,577 sq. ft. within the 5-minute drive time and 418,468 sq. ft. within the entire 10-minute drive time [157,456 sq. ft. and 940,005 sq. ft. in 2030, respectively]. Commercial Needs Analysis concludes there is a demand for professional and medical offices within the 5-minute and 10-minute drive-time trade areas. -7- Packet Page-46- 11/10/2015 9.A. Staff Assessment: The petition has not demonstrated that incompatibilities exist on the subject site such that a change to the Future land use designation In is needed, or that there is an established community desire or vision for the subject site to be developed as proposed (historically acceptable considerations by the state land planning agency). The petition does show, however, the subject site's present designation presents incompatibilities such that a change to the future land use designation is reasonable, and that there is an established community acceptance of the subject site being developed as proposed. Accordingly, the Commercial Needs Analysis may lend support to only the first part of a key consideration - is there a need for a future land use map change to increase the amount of commercial allowed in this area, and if so, is this the appropriate location to fulfill that need? Appropriateness of the Site and the Change: The proposed amendment introduces an additional amount of commercial development, uses and activities to existing land zoned for residential use. FLUE and GGAMP provisions primarily direct new commercial development into Mixed Use Activity Centers and Neighborhood Centers. The County's most recent Evaluation and Appraisal Report (EAR) [2011] did not call for any amendments to this segment of the Immokalee Road corridor. Thus, existing GGAMP Policies and provisions continue to reflect the adopted vision of the greater community - consistent with past recommendations on GGAMP GMPAs. Staff acknowledges that the BCC gave direction in February 2015 to initiate a re-study of the GGAMP which would be expected to include this Immokalee Road corridor. Until the GGAMP re-study is completed, it is appropriate to uphold the existing GGAMP and not approve individual, piecemeal proposals. If the amendment is approved, then the abutting parcel to the east, zoned "E, Estates" will become eligible for Transitional Conditional Uses and more-attractive for commercial development. Also, approval of this amendment may be an impetus for the owners of the other undeveloped properties on Immokalee Road within this portion of Golden Gate Estates to seek an amendment for commercial development. The undeveloped parcels affected by this change in eligibility are illustrated in the map exhibit attached to this Report. This scenario is characteristic of the incremental encroachment of isolated commercial zoning into non-commercial areas. Thus, approval of this petition may ultimately lead to an increase in the amount of commercial development. FLUE and GGAMP provisions direct new commercial development into Urban Designated Areas, Mixed Use Activity Centers and Neighborhood Centers. The County's ability to manage growth in accordance with its adopted Growth Management Plan is tested by requests to expand or allow commercial development outside Neighborhood Centers, Mixed Use Activity Centers and other planned locations. These planned locations are purposely sized, spatially arranged and separated to encourage and support a healthy business environment County-wide and, discourage and avoid over commercialization, strip development, and the introduction of urban-type uses into a non-urban area. Preference is typically given to commercial expansion adjacent to Neighborhood Centers, Mixed Use Activity Centers and other commercial designations when additional demand can be demonstrated. By approving this single mid-block commercial property, the County yields its capacity to manage growth, only to support the incremental encroachment of isolated commercial development akin to spot zoning. Identification and Analysis of the Pertinent Small-Scale GMPA Criteria in Florida Statutes Chapter 163.3187: Process for adoption of small-scale comprehensive plan amendment. (1) A small scale development amendment may be adopted under the following conditions: -8- Packet Page-47- 11/10/2015 9.A. (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises ±5.18 acres.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [As of July 7, 2015, three small scale GMP amendments have been approved in calendar year 2015 for a total of 18.776 acres (0.876 + 7.9 + 10). Including the subject site, a total of three small scale GMP amendments are presently under review - comprising 22.06 acres total(5.18+ 6.96 + 9.92).] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment are permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (2) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if the amendment is approved.] Environmental Impacts: Boylan Environmental Consultants, Inc. submitted an environmental report. Collier County Department of Natural Resources personnel reviewed this report and provided the following analysis: Native habitats on site consist solely of pine/cypress/cabbage palm, with no listed wildlife species observed on the subject property by the environmental consultant for the project. Approximately 4.74 acres of potential jurisdictional wetlands occur on site. Also on site are approximately 0.44 acres of disturbed land within public road Right-of-Way (ROW). The proposed change in land use will require preserves to be established pursuant to Conservation and Coastal Management Element (CCME) Policy 6.1.1. In accordance with LDC section 3.05.07 H.1.a, identification of preserves will occur at time of PUD. CCME Policies 6.2.1 and 6.2.2 require boundaries of jurisdictional wetlands pursuant to Section 373.019 Florida Statutes to be verified by jurisdictional field delineation at the time of Environmental Resource Permitting. The subject property is not located within a County wellfield protection zone. [Stephen Lenberger, Senior Environmental Specialist Surface Water& Environmental Planning Section] Historical and Archaeological Impacts: Development of the site is subject to CCME Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. A letter provided from the Florida Department of State, Florida Master Site File states that the proposed undertaking is not likely to have an effect on historic properties. The letter also includes an unexpected discovery contingency clause similar to that of the County. [Stephen Lenberger, Senior Environmental Specialist Surface Water& Environmental Planning Section] -9- Packet Page-48- 11/10/2015 9.A. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: JMB Transportation Engineering, Inc. submitted a traffic impact statement, dated November 25, 2014. Transportation Planning staff reviewed the Traffic Impact Statement provided with this application and 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 deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan without mitigation. Staff however notes that the companion PUD petition for this project contains a recommended condition of approval to remove the western most access because it does not meet minimum separation distance requirements of the County Access Management Handbook, Resolution 13-257. [Mike Sawyer, Project Manager Transportation Planning Section] Public Facilities Impact: • Water: The subject project will be served by Collier County potable water services and lies in the North Water Service Area. The anticipated demand for potable water for the project is 9,000 gallons per day. Collier County has sufficient capacity to provide water services. • Wastewater: The subject project will be served by Collier County wastewater collection and treatment services and lies in the North County Water Reclamation Service Area. The anticipated demand for wastewater collection and treatment for the project is estimated at 7,800 gallons per day. Collier County has sufficient capacity to provide wastewater services. • Solid Waste: The solid waste disposal service provider is Collier County Solid Waste Management. The 2014 AUIR identifies that the County has sufficient landfill capacity up to the year 2070 for the required lined cell capacity. • Stormwater Management: The 2014 AUIR does not identify any stormwater management improvement projects in the vicinity of the subject property. Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of stormwater events by both on-site and off-site improvements. • Park and Recreational Facilities: There will be no adverse impacts to park facilities from the proposed commercial development. • Schools: There will be no adverse impacts to public school facilities from the proposed commercial development. • EMS and Fire: The subject property is located within the North Naples Fire Control and Rescue District. EMS services are provided by Collier County. The North Naples Fire Control and Rescue District Station 42 is located at 7010 Immokalee Road. The proposed commercial development is anticipated to have no significant impacts on these safety services. The substantive review of application materials was performed by the Public Utilities Planning & Project Management Dept. and their personnel had no further substantive comments or objections to the proposed amendment. [Kris Van Lengen, Principal Project Manager Public Utilities Planning & Project Management Dept.] NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Tuesday, March 10, 2015, 6:00 p.m. at the North Naples Baptist Church, located at 1811 Oakes Boulevard, Naples. Eleven people other than the application team and County staff attended -and heard the following information: - 10- Packet Page -49- 11/10/2015 9.A. The agent representing this application (Wayne Arnold) provided a full description of the proposed changes to the group, including how the two companion requests (GMPA/PUDZ) cover potential future uses - professional and medical office uses allowed by the C-1 (Commercial Professional and General Office) zoning district. Some of the features specific to the project site were discussed, including how a wall constructed along the south side of the property next to vehicular activity and parking areas will be extended up the east and west sides in order to further shield traffic lights from the Autumn Oaks neighbors; single- story office buildings, additional landscaping and limited business hours. At least one speaker thought commercial activities interrupted the development pattern on this side of Immokalee Road, as this proposal could predictably lead to more unwanted strip commercial development. The proposed office complex does not fit with the churches and community uses, and the County should take a stronger stand on protecting these existing uses. Discussion took place about the need for more office space in the area. The agent explained how the Immokalee Road corridor is dominated by retail commercial development, and how this site provides another opportunity to offer commercial office space. A speaker pointed out that approximately twenty (20) acres is available for offices near the hospital. More discussion surrounded traffic, lighting and noise concerns, as the clearing of properties located along Immokalee Road has increasing these impacts on residents. The sources of these impacts now lie on or across Immokalee Road. But allowing them to move across Immokalee Road, closer the residential neighbors amplifies these impacts, is unwelcome. Attendees also discussed their lack of support for vehicular and non-vehicular access to the site from Autumn Oaks Lane. More discussion surrounded traffic concerns, as the subject property's location along Immokalee Road would allow at most, a westbound left turn onto the property and a separate right-in right-out access point to accommodate all traffic. Discussion took place about whether these office spaces would be rentals or condominiums, and how the Oaks Estates Neighborhood Association could be involved with steering the architectural design, buffering and landscaping for the project. The agent assured attendees that they will be kept apprised through the Neighborhood Association, and reiterated how the subject site is located in an urbanized part of the County while still governed by the Golden Gate [Estates]Area Master Plan. The meeting was completed by 6:35 p.m. Post-NIM Information: The Oaks Estates Neighborhood Association has provided a letter of non-opposition to the companion PUD. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: • The FLUE and the GGAMP currently provide for future commercial development to accommodate the growing population in, and direct it to, Urban Designated Areas, Mixed Use Activity Centers and Neighborhood Centers. • Based on data and analysis submitted for the supply of existing and potential commercial professional and medical office development and demand within the trade area for the subject site, the additional need for commercial professional and medical office uses contemplated by this amendment to serve the surrounding residential areas has been demonstrated. • Located within Activity Center No. 4 are a number of Planned Unit Developments and commercially zoned properties, totaling approximately 1,106,400 sq. ft. commercial professional and medical office floor area and more than 188 acres - developed and undeveloped -with more than 45,380 undeveloped square feet approved for commercial development that can accommodate a portion of this need. - 11 - Packet Page-50- 11/10/2015 9.A. • CPSS-2014-4 extends the encroachment of non-residential uses eastward from Activity Center No. 4 to develop commercial professional and medical office uses mid-block. • The existing Future Land Use designation allows for non-commercial uses already recognized as viable transitional uses on the subject site. • The 2011 Evaluation and Appraisal Report (EAR) did not call for any amendments to this segment of the Immokalee Road corridor, and the existing GGAMP continues to reflect the adopted vision of the greater community. • The re-study of the GGAMP taking into consideration the desires of the greater community should remain paramount, and not be set aside by a single, piecemeal proposal. • No infrastructure related concerns result from this amendment. Concerns related to vehicular access to Immokalee Road however, are worth noting. • No adverse environmental impacts result from this amendment. • No historic or archaeological sites are affected by this amendment. • If this petition is approved, the property adjacent to the east will become eligible for Transitional Conditional Uses and more-attractive to commercial development. • The site's mid-block location introduces isolated commercial development, which is discouraged by the GMP. • Approving this single mid-block commercial property is akin to spot zoning. LEGAL CONSIDERATIONS: The criteria for land use map amendments are in Section 163.3177(6)(a)2. and 8., Florida Statutes. This staff report was reviewed by the County Attorney's Office on May 29, 2015. [HFAC] STAFF RECOMMENDATION: It appears that the need for professional and medical office space can be demonstrated. But FLUE and GGAMP provisions primarily direct new commercial development to Mixed Use Activity Centers or Neighborhood Centers, and this is not the appropriate location to fulfill that need. There are the greater concerns of undesirable incremental encroachment of isolated commercial zoning into non- commercial areas and preventable strip development. There are also the concerns over introducing urban-type uses into a non-urban area, and the request not being consistent with the vision of GGAMP to consider. Given these concerns, staff recommends that the Collier County Planning Commission forward Petition CPSS-2014-4 to the Board of County Commissioners with a recommendation not to approve for adoption and transmittal to the Florida Department of Economic Opportunity. [REMAINER OF PAGE INTENTIONALLY LEFT BLANK] - 12- Packet Page-51- 11/10/2015 9.A. PREPARED BY: -7, DATE- . ) CORBY SCHMICk AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION REVIEWED BY: DATE: DAVID WEEKS,AICP, GROWTH MANAGEMENT MANAGER COMPREHENSIVE PLANNING SECTION, ZONING DIVISION REVIEWED BY: DATE: P- I - f MIKE BOSI,AICP, DIRECTOR, ZONING DIVISION APP RC} ED BY: DATE- 29- /5"— 5 F .N -11, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT pPRovetizyi 4 7 c--- - - DATE / DAVID S. WILKISON, P.E., DEPARTMENT HEAD : OS GROWTH MANAGEMENT DEPARTMENT PETITION NO.: CPSS-2014-4 I PL-2014-0002143 Staff Report for the September 3, 2015, CCPC Meeting. NOTE: This petition has been scheduled for the October 13, 2015, BCC Meeting - 13- Packet Page -52- 11/10/2015 9.A. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SOUTHBROOKE OFFICE SUBDISTRICT TO THE ESTATES-COMMERCIAL DISTRICT TO ALLOW A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA FOR USES ALLOWED IN THE C-1 COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD EAST OF VALEWOOD DRIVE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 5.19 ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140002143/ CPSS-2014-4] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Hub Condo Rentals LLC requested an amendment to the Golden Gate Area Master Plan Element and Golden Gate Area Future Land Use Map and Map Series to create the Southbrooke Office Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and [15-CMP-00952/1210162/1] 54 1 of3 Southbrooke Small Scale GMP Amendment PL20140002143/CPSS-2014-4—9/17/15 e Words underlined are added,words struck have been deleted. Packet Page -53- 11/10/2015 9.A. WHEREAS, the Collier County Planning Commission (CCPC) on September 3, 2015 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on November 10, 2015; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Golden Gate Area Master Plan Element and Golden Gate Area Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit"A"and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [15-CMP-00952/1210162/1] 54 2 of3 Southbrooke Small Scale GMP Amendment PL20140002143/CPSS-2014-4—9/17/15 Words underlined are added,words struck ough have been deleted. Packet Page-54- 11/10/2015 9.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko, to Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment [15-CM P-009521121016211] 54 3 of 3 Southbrooke Small Scale GMP Amendment PL20140002143/CPSS-2014-4—9/17/15 Words underlined are added,words stru have been deleted. Packet Page -55- 11/10/2015 9.A. PL20140002143 CPSS-2014-4 EXHIBIT"A" GOLDEN GATE AREA MASTER PLAN ELEMENT Policy 1.1.2: [Page 4] The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: er}# teat 4*#Y ref* tfrr rr*Y ##}a *wM r*a# eaaa *aat trtr B. ESTATES—COMMERCIAL DISTRICT se. set. wet* tee. cc.. 5. Golden Gate Estates Commercial Infill Subdistrict 6. Estates Shopping Center Subdistrict 7. Southbrooke Office Subdistrict 7. Southbrooke Office Subdistrict [Page 44] The Southbrooke Office Subdistrict is approximately five (5) acres and is located approximately Y. mile east of Oakes Boulevard on the south side of Immokalee Road. The intent of the Subdistrict is to permit general office, medical office, and business service uses generally consistent with those uses permissible by right, or as a conditional use in the C-1 Commercial Professional and General Office zoning district. Development within the Subdistrict is encouraged to be rezoned as a PUD in order to provide greater specificity of permitted land uses, development standards and any necessary operational characteristics. A maximum of 40,000 square feet of commercial development shall be permitted. All buildings will be limited to single-story. and shall be constructed in a common architectural theme. A minimum 30 feet in width vegetated buffer shall be provided adjacent to Autumn Oaks Lane, which shall consist of retained native vegetation. Access to the Subdistrict shall only be from Immokalee Road. tee. ♦err w*aw area era# re}w #are raa* *era **** tee* tees FUTURE LAND USE MAP SERIES [Page 46] tee. .fee tsar tee* Y*wr w**! ***t w!#r #}Yr see} aww* *raw Estates Shopping Center Subdistrict Estates Shopping Center Subdistrict Conceptual Plan Southbrooke Office Subdistrict Page I of 3 I ' Packet Page -56- EXHIBIT"A" PETITION PL2014000_. .-.-.1/10/2015 9.A. SOUTHBROOKE OFFICE SUBDISTRICT uk 01 Collier County, Florida IMMOKALEE ROAD Irk SUBJECT SITE ,'4 CPSS-2014-4 VANDERBILT BEACH ROAD 7 .. /,, ,o . . . :..L. ... , X ON re, • I 4/ PINE RIDGE :• " .`D 1 r 1 „, r n A el // I- o I- U t-- lii cc I rr co ir ' A. ,..„ . I 1 1 / LEGEND GOLDEN GATE OFFICE ROOKS Q OFFICE I / ESTATES SUBDISTRICT PREPARED BY: GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT NTS FILE: CPSS-2014-4A.DWG DATE: 5-2015 Packet Page-57-0 --15--40.117r T-___. EXHIBIT "A" PETITION PL201400021 11/10/2015 9.A. LEGEND URSAN DESI I,LAI_ N_ ESTATES DESIGNATION AGNICULTIWAL/RtNiAL pE{1G11ATM3N _ Y10m 4!mn8Or �w6M MTAUpr AAU ac%. ���,�-' oWe4.1�` ❑4 �WLA 9IRIC '' SP OVERLAYS CIALFAT GOLDEN GATE AREA (10000w UN.4wA4wP ITAMT.r {—I SPECIAL FEATURED naeRrAAL Nw2rcT U AYiP4arlom 08108 9PAVm�c+ �Q'f' i ®-.PM R9 ®„ „4,� ® k 9 ,_ ��� 9� FUTURE LAND USE MAP o14809 .M. R , NoNYINACI.11119<T F 4R1A".�9A I a - J EEMMA"°REUSE°COIYAOM*"49TMST 0........ARw M>®us' "',01r IMMOKALEE ROAD .. .WA9n4 , i N® m 0R4 rN :R 44A.199R�E,�911 T_ .A,L 9,..,RI Z:',7 4 A PNT RA 90M9 s9LR77 AM YA"o uC IEYOIAAd K9PO1mON NLRB T M oAdtw WlE AN[A YABRR KAA. I OIL WELL ROAD E m t y/@5 4. 'Mil IMMOKALEE ROAD .� '+z "' RANDALL. BOULEVARD SUBJECT SITE p E5 CPSS•2011-6 m .. . VANDERBILT .. BEACH ROAD .-q -. -S it., ,, a ; GOLDEN GATE sr.r,,.. BOULEVARD `.t PINE RI DOE RD. ! e WHITE BLVD. p - f�Je 6 CO A m a >m I > i F z .I . o .. m Z O.G.jPKWY. . 1 A <s _ A — _ . w w • > p lA'TERSTgT w E_y3 m S .84 q _.�.....� _____.____._.�_ DAVIS BOULEVARD°' ---'--'- S.R.84 A ---- w T l. GOLDEN GATE ___._-__..____ __.___._- ._._ FUTURE LAND USE MAP - ---__r _�.____— _.._.__.. ADOPTED - FEBRUARY,1891 AMCNDLD - DECEMBER 1,2007 --___,__._-,___- ._,_- ORO.NO 2007-T2 ._ n C. _._„-,._ AMENDED - MAY 19.1991 ,-- AMENDED - 0200BER 14.2008 — _> -__-.� AMENDED - MAY 25,1993 ORD.NO.2008-59 -- - AMBip08 - JULY 27.1993 AMENDED - JULY 26.2010 -- `,,] "' " diQ.NO.2010-31 - _._.__- ---_ I5 AMENDED - APRIL 12,1994 AMENDED - JULY 2B,2010 mM._ ,�.m ��-�- ANENOED - MARCH 14,1445 070 NO.2010-32 - - -'"" 49 AMENDED - SEPTEMBER 14,2011 _ F AMENDED - OCTOBER 27,1997 ORO.NO.201,_29 --T — _ -- J AMEN0E0 - APRIL 14,1908 -___. ._--—'+°° 1 ME 09151i00D - FEBRUARY 23.1999— AMENOEO p.- MAY 2000 "-'— ! ' AMENDED - MARCH 13,2001 2 AMENDED - MAY 14,2002 0401108 - 5001E14SER 10.2003 SCALE ONO.NO 2003-44 I AMENDED - OCTODER 24.2004 , ONO.N0.2004-71 0 I MI. 2 MI, 3 MI, 4 NI. 5 All ANEN0E0 - JANUARY 25,2005 -.. ORO.NO 2005-3 00EPAREO BY PS/CAD 020018(1 SEC70N i AA7NOF0 - JANUARY 25.2087 pi(MTN MANAGEMENT 0EPARTMENT O0D.NO.2007-i9 % DATE:5/2015 OLE 01'55-2014-40N5 I R26E I R 27F R28E Packet Page -58- Page _0 Q 11/10/2015 9.A. . PUBLIC NOTICE PUBLIC NOTICE PI1'BLIC'NOTICE NOTICE OF PUBLIC HEARING NOTICE ir' INTEN" T^ CONSIDER ORDINANCES l+lotice is hereby given that theColGer County Board of County Commissioners will hold a public hearing on `Tuesday,Noarember10,2015,commencing at 9:00 a.m. in the Board of County Commissioners chamber, Third Floor,Collier County Government Center,3299 E.Tamiemi Trait,Naples,FL. I The purpose off the hearing•istoconsider ° ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ' " AMENDING ORDINANCE.NO '89-05,AS AMENDED,THE COLDER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SP CIFICALLY AMENDING Ti=IE-GOLDEN GATE AREA MASTER PLATT ELEMENT AND GOLDEN GATE FUTURE LAND USE ,' ' MAPAND MAP SERIES BY ADDING THE SOUTHBROOKE OFFICE SUBDISTRICT TO THE ESTATES- COMMERCIAL DISTRICT TO ALLOW A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA'.. FOR USES ALLOWED,IN THE C-1 COMMERCIAL PROFESSIONAL AND GE ERAL OFFICE ZONING DISTRICT:THE SUBJECT PROPERTYISLOCAf ED.ON"THE SOUTH SIDE OFiMMOKALEE ROAD EAST " OF,YALEWOOD DRIVE IN.SECTiON 29,TOWNSHIP,48 SOUTH,RANGE 26 `"CONSISTING OF 6.19 `. ACRES,'AND"FURTHERMORE,',RECOMMENDING• 1NSMITTAL OF THE ADOP'T'ED AMENDMENT TO THE FLORIDA DEPARTMENT C)F ECONOMIC:OPPORTUNITY;.PROVIDING FOR SEVERABILITY AND ' PROVIDING f.OR AN EFFECTIVE DATE..(PL201400021+431 CPSS-2014-41' AN ORDINANCE"OF THE'BOARD"OF COUNTY"COMMISSIONERS OF COL L,ER COUNTY, FLORIDA 44-'1,/4,' li?IENDING ORDINANCE.t NUMBER':2004-4:1,c AS- AMENDED, THE COLLIERR COUNTY LAND i ` DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING EGULATIONS FOR THE , UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA BY AMENDINGTH APPROPRIATE ZOtliN G '„ ATLAS FOR MAPSBY`CHANGING�THE ZONING'CLASSIFICATION OF,TiEHEREINDESCRIBED . REND:P!WPERTY,FROMB AN ESTATES(E) ZONING DISTRICT`TO A COMM RCIAL PLANNED`UNIT PE �,OPMENT (C,PUD),ZONING DISTRiCTr;TO ALLO1N UP-:TO 40,000 SQ U ARE,FEET-""°r;-3!1,04.S'"•.1 i s; L 'O 1 AREA OF pt;Imm RCiAI.DEVELOPMENT ON.A 5,19*.ARE PARCEL ,O,BE,`KI CIWN AS 1.0 E 'S'`t,THBiiobKCE CPIUD,`LOCATED OI'THE SOUTH SiDE OF IMMOKALEE RO EAST`yr'VALEtA qOD $' ; -.DRIVE IN SECTION 29,TOWNSHIP 40",SOUTH,°RANGE`2.6 EAST,COLLIER COI�NTYI FLOR1bA,ANODBY ` PROVIDING AN EFFECTIVE DATE.[PUDZ-PL20140002077i " pA wwa ,n :EO DES ESc.. PELICAN z , OOAIL LON SORE owE CYPRESS OARLTON 0RI} ^ 4 4 . 20. L 111 �i . l„wrs 19 w +., ' , °, N S� PROJECT E NoRnleaocxcE I LOCATION EQOU i PLAZA • .' �---.- •I f�" EN NAPLES-1MMO ' I a f 1(C.R.84E) uKes 29 �' ° uAUflU G9LOEN 0Aa ESTATES 28' T 3f EKE , t 87 <I RfGAS RITAGE �REEws RREEZEw000 l All interested parties are invited to appear and be'heard, Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Sectipn,2800 N.Horseshoe Dr., Naples,FL,between the hours of 8:00 A.M.and 5:00 P.M,Monday through Friday Furthermore the materials will be made available for inspection at the Collier County Clerk's,Office, Fourth Floor,Suite#401,Collier County Government:Center,East Naples,one week priotto the scheduled hearin ,Any questions pertaining " . -"to tne-documents°should be directed to the GMD Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior.to Tuesday, November0 2015•will be read and considered at the public hearing. till person decides to appeal'?any decision made by the Collier County Board of e'unty Commissioners with, ,"respect to any matter considered at such meeting or hearing,he will need a reco4'd,'f that proceeding,and for such purpose he may need to ensure that a verbatimrecord of the proceedings is •e,which record includes the testimony and evidence upon which the appeal is-to be base . 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. Pieaseicontact the Collier County., Facilities Management Department,located at 3335'Tamiami"Trail East,Suite Naples,FL 3,4112.-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.. r BOARD OF COUN1YCOMMISSIONERS ' COWER COUNTY,FLORIDA TIM DANCE.,CHAIRMAN DWIGHT E."BROCK,CLERK By. Teresa Cannon Deputy Clerk(SEAL) 1. N .",.., Packet Page -59- , No,744387. . - g October 21 ,2015 : " 11/10/2015 9.A. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE ,/� NOTICE OF PUBLIC HEARING n NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier.County Board of County Commissioners will hold a public hearing on Tuesday,November 10,2015,commencing at 9:00 a.m.,in the Board of County Commissioners chamber, Third Floor,Collier County Government Center,3299 E.Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING N THE GOLDEN GATE AREA MASTER PLAN ELEMENT AND GOLDEN GATE AREA FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SOUTHBROOKE OFFICE SUBDISTRICT TO THE ESTATES- ' COMMERCIAL DISTRICT TO ALLOW A MAXIMUM OF 40,000 SQUARE FEET OF GROSS FLOOR AREA • FOR USES ALLOWED IN THE C-1 COMMERCIAL PROFESSIONAL AND GENERAL OFFICE ZONING rp DISTRICT.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD EAST OF VALEWOOD DRIVE IN SECTION 29,TOWNSHIP 48 SOUTH,RANGE 26 EAST,CONSISTING OF 5.19 rD ACRES;AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO N THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND pQ) PROVIDING FOR AN EFFECTIVE DATE. [PL20140002143/CPSS-2014-41 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND t3 DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE • rD UNINCORPORATED AREA OF'COLLIER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE ZONING N ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES,(E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT •N DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 40,000 SQUARE FEET OF GROSS 0 FLOOR AREA OF COMMERCIAL DEVELOPMENT ON A 5.191 ACRE PARCEL TO BE KNOWN AS THE (IT SOUTHBROOKE CPUD;LOCATED ON THE SOUTH•SIDE OF IMMOKALEE ROAD,EAST OF VALEWOOD DRIVE IN SECTION 29,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;AND BY Z PROVIDING AN EFFECTIVE DATE.(PUDZ-PL20140002077) -o DA WO r °d ESTATES IN m o OLDS CYPRESS Ln op PELICAN • yr OUA0. LONCSHORE ' OLDE CYPRESS 'STRAND F M LAKE (DRI) • CARLTON (DRr) Z 20 21 LAKES 19 w i ug _ PROJECT Z w NORTHRPOCYE ttr— LOCATION m EBOLI `z_ PLAZa C / NAPL ESIMMOK?1E RD. U) pp (C.R-846) \ri UNNGSTON O 1 LAKES jI 29 m THE / GOLDEN GATE ESTATES - 28 BOSLEY 3 LAKE UNIT 97 Q HERITAGE 0o RIGAS GREENS BREEZEWOOD All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr., Naples,FL.,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite #401, Collier County Government Center,East Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday, November 10, 2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners 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. BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY,FLORIDA TIM NANCE.,CHAIRMAN DWIGHT E.BROCK,CLERK • By: Teresa Cannon Deputy Clerk(SEAL) ' No.744367 Packet Page-60- October 21.2015 •