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Agenda 11/10/2015 Item # 9B 11/10/2015 9.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, 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 from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 40,000 square feet of gross floor area of commercial development on a 5.19± acre parcel to be known as the 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 providing an effective date. [PUDZ- PL20140002077 — Companion to CPSS-2014-4/PL20140002143 Southbrooke Office Subdistrict, agenda item 9A]. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting a rezone from the Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the purpose of permitting office and medical office uses. The existing use is single-family residential. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The GMP is the prevailing document to support land use decisions such as this proposed CPUD application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE (Future Land Use Element) and the FLUM (Future Land Use Map) designation is a portion of the overall finding that is required. Zoning Packet Page-61- 11/10/2015 9.B. staff recommends that if the companion GMP Amendment is found consistent, that the CPUD application be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 3, 2015. The CCPC heard testimony from the Applicant's agent, the public, and County staff. During the discussion, the Applicant agreed to staffs condition that the site will be limited to one access point on Immokalee Road. In addition, the CCPC requested that restaurant and retail uses be prohibited, limited hours of operation to 6 AM until 10 PM, and increased the front yard along Autumn Oaks Lane. The CCPC voted to recommend approval of the companion Southbrooke Office Subdistrict. A motion was made by Commissioner Homiak and seconded by Commissioner Ebert to recommend approval of the CPUD with one access point on Immokalee Road. The motion passed by a vote of 6-0. LEGAL CONSIDERATIONS: This is a PUD rezone. The burden falls upon the applicant to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? Packet Page -62- 11/10/2015 9.B. 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Packet Page-63- 11/10/2015 9.B. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.Il], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approves the request for the Southbrooke CPUD, subject to the approval of the Southbrooke Office Subdistrict and also subject to the attached PUD Ordinance. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1) Ordinance 2) Staff Report 3) Correspondence http://www.eoiliercov.net/ftp/2015BCCMeetings/A g,endallov 1015/Growth Nil C7mt/Correspon dence.pdf 4) Application http:i/vvww.collierciov.net/ftp/201 SBCCMeetings./A2endallov1015/GrowthM2rnt/Appli cad o n.pdf 5) Public Notice Packet Page-64- 11/10/2015 9.B. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, 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 from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 40,000 square feet of gross floor area of commercial development on a 5.19± acre parcel to be known as the 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 providing an effective date. [PUDZ- PL20140002077-Companion to CPSS-2014-4/PL20140002143 Southbrooke Office Subdistrict, agenda item 9A]. Meeting Date: 11/10/2015 Prepared By Name: ReischlFred Title:Planner,Principal, Growth Management Department 9/14/2015 9:57:10 AM Approved By Name: BellowsRay Title: Manager-Planning,Zoning Date: 10/20/2015 4:58:31 PM Name: BosiMichael Title: Division Director-Planning and Zoning,Zoning Date: 10/21/2015 4:36:33 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 10/21/2015 4:44:10 PM Packet Page-65- 11/10/2015 9.B. Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/22/2015 2:47:17 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/26/2015 10:35:03 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 10/26/2015 11:16:50 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 4:42:20 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/29/2015 5:17:32 PM Packet Page-66- 11/10/2015 9.B. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH 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 FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 40,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT ON A 5.19± ACRE PARCEL TO BE KNOWN AS THE 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 PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Steven J. Bracci, Esquire of The Law Firm of Steven J. Bracci, PA representing HUB Condo Rentals, LLC, 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: The zoning classification of the herein described real property located in Section 29, Township 48 South, Range 26 East, Collier County, Florida, is changed from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 5.19± acre parcel to be known as the Southbrooke CPUD in accordance with Exhibits A through G attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan amendment in Ordinance No. 2015- becomes effective. [14-CPS-01402/1212066/1] 96 Page 1 Southbrooke CPUD-PUDZ-PL20140002077 Rev. 9/25/15 Packet Page -67- 11/10/2015 9.B. PASSED AND DULY ADOPTED by super-majority vote of 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: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: 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 or Deviations Exhibit F - Developer Commitments Exhibit G —Typical Cross Section [14-CPS-014021.212066/1] 96 Page 2 Southbrooke CPUD-PUDZ-PL20I40002077 Rev. 9/25/15 Packet Page-68- 11/10/2015 9.B. EXHIBIT A FOR SOUTHBROOKE CPUD PERMITTED USES I. COMMERCIAL TRACT PERMITTED USES The 5.18± acre commercial project shall be developed with a maximum of 40,000 square feet of gross commercial floor area and shall consist of a maximum of two buildings not to exceed 20,000 square feet each. Restaurant and retail uses are prohibited. No business or service shall be permitted to conduct business 24 hours per day. Business hours are permitted from 6:00 a.m. to 10:00 p.m. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Architectural services (8712). 5. Auditing (8721). 6. Bookkeeping services (8721). 7. Business consulting services (8748). 8. Business credit institutions (6153-6159). 9. Commercial art and graphic design (7336). 10. Computer programming, data processing and other services (7371 - 7376, 7379). 11. Credit reporting services (7323). 12. Debt counseling (7299, no other miscellaneous services) 13. Direct mail advertising services (7331). 14. Engineering services (8711). 15. Health services, offices and clinics (8011-8049, 8071, 8092 and 8099). 16. Home health care services (8082). 17. Insurance carriers, agents and brokers (6311-6399, 6411). 18. Landscape architects, consulting and planning (0781). 19. Legal services (8111). 20. Loan brokers (6163). 21. Management services (8741 & 8742). 22. Mortgage bankers and loan correspondents (6162). 23. Personal credit institutions (6141). 24. Photographic studios, portrait (7221). 25. Public relations services (8743). Southbrooke CPUD Revised 09/25/2015 Packet Page -69- 11/10/2015 9.B. 26. Real Estate (6531-6552). 27. Secretarial and court reporting services (7338). 28. Security and commodity brokers, dealer, exchanges and services (6211-6289). 29. Tax return preparation services (7291). 30. Travel agencies (4724, no other transportation services). 31. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. II. PRESERVE TRACT USES No building or structure or part thereof, shall be erected altered or used, or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Preserves B. Accessory Uses: 1. Uses permitted within preserves per the LDC. 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or Hearing Examiner determines to be compatible in the Preserve Tracts. Southbrooke CPUD Revised 09/25/2015 Packet Page -70- 11/10/2015 9.B. EXHIBIT B FOR SOUTHBROOKE CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM_LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Immokalee Road 25 feet. SPS Autumn Oaks Lane 69 feet. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10 Ft. SPS Rear 15 Ft. SPS Side 10 Ft. SPS Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 30 Ft. 10 Ft. MAXIMUM HEIGHT Zoned 25 Ft.* 25 Ft.* Actual 35Ft. 25 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS FLOOR AREA 40,000 Sq. Ft. N/A SPS =same as principal structure * Limited to one story. Southbrooke CPUD Revised 09/25/2015 Packet Page-71- NI.C,0,C.�u„Mal.,11■•7,...n ,va x,.,on..•,,rtme,.,.._■ss....o..._ 11/1 0/2015 9.B. il i - o Y N z-1111011C =_ < i ' w v 5 o o X Z o O a W W W Q z D 0 CC CC CC aaa Vl wVl W ONQ 4L4144 w K Q H an > I vi;Y Q;Q 0p W O ozo n N Y ,LI K o w w K QaK Ni a Z 2 • < Up-, \ �a N o W > , w F (not' -.p 2 2 p \ w peO�¢ ¢nz ¢va Z w a wa o 0 6> z w 0 2 2 F 2vi U Zoo O J z O n w w� ~O F ray I a'? NIDE T N IS_CABE BVFEEli— Q ?o� s e. I I C `JNIOV01 1 it: 8 F III. 5 cc Cilil I I I 1 1` I 91 I I I ' 4 I `o Cs I I ± 1 'w•.1 i �_ ; a r o cE f 1 F. J JI c I I w� H _ H w � •• • •1 dI P a. gal I I a Qy (-�a 2 1 �`' �I wz 1.'a 6oP o ¢� i= J� w . fin,• w "ns ncc z ap I I U ,-- / c� .'.V ∎ w o0 C/) f ¢ a a p— z z w ��a ado a I I Z . U,,` w Z U U Q �' 4 I< O � NN W Oi I I wl 2 I rw- . 'J. A� I = i d g § j.Mal 2 ! I a. o o1' w'. IO 2I U U 1.' .:�` z P. ,, I 0. O¢ �1� _ �•'� 11� O r rwz I 1 �� U Uw C7�� :�iit 1 }.'.'.'� I o• �¢ zu 1 _,I J 1 f o a• p aU Q 1 1 ir H QJ �o €: /• All r• xj QW}}p $ F • W a N 1 = W a W a I I y , I to as IOW RRR!8 I I I ,-- oN�O�oI 1 i oz;ra �3N i000a I '�\ .'•'•'I a2acc ww,j Q w uiO 1-ww � F p• w y a J 10'WIDE TYPE'B'LANDSCAPE BUFFER I-8-45' Z„�o w w N ?C9aW Ow 1 a�F2 <H0 Ce lLy J_ wul - b{-wH �Z,. a J O 0 a S o w a s a w)- Z Ct Q] ~ W�X2 Ww= F- > = U Wa W w K¢H z o w �F ow OYVia wpOU O 0PW 0o0 ZZag y=<o u�wW F- N0C� 5W Z<w¢ w=)-LL Q uiz in d a12a`i�E,9g LI1 u><M i»O=i w�X •- to I-Oa�r I-2aw W '- O N ei Z Packet Page -72- 11/10/2015 9.B. EXHIBIT D FOR SOUTHBROOKE CPUD LEGAL DESCRIPTION TRACTS 51 AND 70, GOLDEN GATE ESTATES, UNIT NO. 97, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 7, PAGES 95 AND 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50 FEET THEREOF. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225,827 SQUARE FEET OR 5.18 ACRES OF LAND. Southbrooke CPUD Revised 09/25/2015 Packet Page -73- 11/10/2015 9.B. EXHIBIT E FOR SOUTHBROOKE CPUD LIST OF DEVIATIONS 1. From LDC Section 6.06.02, Sidewalks, Bike Lane and Pathway Requirements, which requires a development to construct a sidewalk on adjacent local streets to provide no sidewalk or sidewalk connection to Autumn Oaks Lane. 2. From LDC Section 4.06.02, Buffer Requirements, which requires a commercial development abutting an Estates zoned property to provide a 15' wide, Type B buffer, to permit a 10'wide, Type B buffer, on the west boundary of the subject site. II Southbrooke CPUD Revised 09/25/2015 Packet Page-74- 11/10/2015 9.B. EXHIBIT F FOR SOUTHBROOKE CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Southbrooke CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. ENVIRONMENTAL A minimum of 0.47 acres (4.74 x .10 = 0.47) of native vegetation are required to be retained as preserve for the PUD. B. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Southbrooke Partners LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. LANDSCAPING The owner shall install a minimum 6-foot high masonry or precast wall adjacent to the southernmost parking area and extending north along the eastern property line as depicted on Exhibit C. The water management area south of the wall shall include supplemental Bald Cypress tree plantings (10' — 12' height at time of planting), alternating between landscape clusters and open space to provide additional project screening. The preserve area shall be supplemented with vegetation necessary to achieve 80 percent opacity within 12 months of planting at a minimum height of 6 feet. Additionally where exotic vegetation is to be removed from the preserve the owner shall include shrub-like native species, such as Wax Myrtle, Cocoplum, Green buttonwood, Sabal palms, Myrsine, and/or Live Oak plants, in order to increase opacity. A typical cross section is attached as Exhibit G. Southbrooke CPUD Revised 09/25/2015 Packet Page-75- 11/10/2015 9.B. D. TRANSPORTATION 1. The Owner, or its successors and assigns, shall construct a right ingress turn lane at the site's access point on Immokalee Road, which may be placed in the County right of way. A right of way permit will be required and the turn lane and all other improvements will be designed and constructed pursuant to County standards. If the County needs additional right of way now or in the future to accommodate any future turn lane, curbing, traffic signs, street lights, transit stops, sidewalk, drainage and utility improvements determined needed by County including slope and clear zones, owner or its successors and assigns, will convey to County road right of way up to the width and size of the County right of way used by Owner for its right ingress turn lane. Owner or its successors and assigns, will convey the road right of way to County at no cost to County within 60 days of County's written request, free and clear of all liens and encumbrances. County may make more than one request for right of way and owner shall convey the requested right of way to compensate for Owner's use of the County's right of way. Owner, or its successors and assigns, shall have the option to construct a retaining wall, subject to the County's approval of the design and placement, on Owner's property outside of the existing road right of way with handrails to reduce the size of the right of way needed by County. 2. Ingress/egress is permitted only from and to Immokalee Road. 3. Only one access point to Immokalee Road shall be permitted. E. OTHER 1. A minimum 6' high (above parking lot grade) staggered, concrete decorative wall immediately adjacent to parking lot, extending along the south and east borders of the project shall be installed as depicted on the conceptual Master Plan. 2. Buildings shall be single story with Galvalume or tile roof(no asphalt shingle). 3. Lighting standards will be required at time of SDP approval and shall demonstrate that fixture heights for parking areas shall be limited to 15 feet in height and shall be shielded to protect neighboring residential properties from direct glare. 4. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5. All other applicable state or federal permits must be obtained before commencement of the development. Southbrooke CPUD Revised 09/25/2015 Packet Page -76- 11/10/2015 9.B. EXHIBIT G FOR SOUTHBROOKE CPUD 1 t W J I F-- O • � •w O O N II o uOw z c2 w o _. wl Z ; o .¢�I o ¢ - W' b - N11 A1213dO21d ¢ ¢ O Z I- N •Z w w w ¢ H- z ,11 ... In C Lu ZW /�/ j} < LZ N C ,'II, F— }' n- IJJ ~<— w rP ;sl, L'n OG tLQ2 Z (/7 Y w z >.-Z 5 __ A 'r LL,�' .)�0 "11II S. % z� 7,3,--Q w t l-, z O>O°- ZLCU H O O�w~ w • QZW^ o ,,W¢ U WF¢-20 °. Qum W uuv� N �¢¢ V) >w_,LI- Q W w F--_1 C co LIJ -— / =°CW O �Zw C;--I ti Q¢ _< Ec� w 1w- CL > C Q 0 Z Packet Page -77- 11/10/2015 9.B. AGENDA :1E11+1 7_n Co fe*r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 6, 2015 SUBJECT: PUDZ-PL20140002077: SOUTHBROOKE CPUD [COMPANION TO CPSS-2014-4/PL20140002143 SOUTHBROOKE OFFICE SUBDISTRICT] PROPERTY OWNER,APPLICANT &AGENT: Owner/Applicant: Agents: HUB Condo Rentals,LLC D. Wayne Arnold,AICP 18223 Shawley Drive Q. Grady Minor&Associates,P.A. Hagerstown, MD 21740 3800 Via del Rey Bonita Springs,FL 34134 Contract for Purchase: Southbrooke Partners, LLC Steven J. Bracci, Esq. 13180 Livingston Road, Suite 204 Steven J. Bracci, P.A. Naples,FL 34109 9015 Strada Steil Court Naples, FL 34109 REQUESTED ACTION: The applicant requests a Commercial Planned Unit Development (CPUD) on land that is currently zoned Estates (E). Since the Future Land Use Map (FLUM) indicates that the subject site is governed by the Golden Gate Area Master Plan(GGAMP), an amendment to the GGAMP is required and will be heard as a companion item. GEOGRAPHIC LOCATION: The subject property is 5.18± acres in size and is located on the south side of Immokalee Road (CR 846) approximately 360 feet east of Valewood Drive. The property extends south to Autumn Oaks Lane. (Please see the Location Map on the next page.) PURPOSE AND DESCRIPTION OF PROJECT: The proposed CPUD would permit general office, medical office and business service uses and a preserve with a minimum area of 0.47 acre. Southbrooke PUD, PUDZ-PL20140002077 August 6,2015 CCPC Page 1 of 15 Packet Page -78- 11/10/2015 9.B. A a tl,,R ' c r _ ._ � Po' I # Ai I*riolow• A E — — illir Alf&* alkillik_.,11115..2,111111211W r2 1.7i OM6 N113NNn y`'�NIY461313 A ��C11 A©'7.P. .. . sCM IS 686 a 8® te R < o h i I'! w G�i g ?" . 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SURROUNDING LAND USE AND ZONING: North: Immokalee Road ROW; across which are commercial buildings, zoned Quail II PUD East: Undeveloped land, zoned E South: Autumn Oaks Lane ROW; across which are single family homes,zoned E West: Collier County storm water pond, zoned E . , '. - , s�p,�y{ +. .. ai.Vr ''.' ."�r :=+-.,�. ".s "L 4`i"'-9`°� g?..3 �b c Sit x �` r % p', ns.,_ —.cy * tnm ... • T. t,.. °-,a t,. T. !, a }� r n: k Y:: ' - t :} nr a _ f {_.- 1 f1 Ci A~ 7-4-,'- , , 5 R, qjt r. ite '; & 1. ;-r, 1 ,-, "...-1*,)',:;',, R. 6 ,,t 1 ,,. S "+..ro' ' r,- 'S-41 *�4 .« kvP y��Y sS? , , �x� zl:'11`''4'.,*" ; fee i � 'rt4. �. rr a aka ' ( v- F 4. Aerial Photo(CCPA)� . �� ��� - � ' GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: FUTURE LAND USE ELEMENT (FLUE): The subject property is designated Estates Designation, Estates – Mixed Use District, Residential Estates Subdistrict, as depicted on the FLUM and addressed in the GGAMP of the Collier County Growth Management Plan(GMP). This petition relies on a companion GMP amendment to provisions in the GGAMP to achieve consistency. That amendment [ref. CPSS-2014-4/PL20140002143] establishes 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. The provisions of the Southbrooke Office Subdistrict proposed in the companion GMP amendment are listed below, followed by staff analysis [in bold text]. Southbrooke PUD,PUDZ-PL20140002077 August 6,2015 CCPC Page 3 of 15 Packet Page-80- 11/10/2015 9.B. • Main Subdistrict provisions state "The intent of the subdistrict is to permit general office, medical office and business service uses generally consistent with those use permissible by right, or as a conditional use in the C-1... district." [All of the principal uses listed in PUD Exhibit A, Permitted Uses, subsection I, as either permitted [principal] or conditional • uses in the C-1 zoning district.] • Main Subdistrict provisions further state "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". [The uses proposed (permitted [principal] and conditional uses in the C-1 zoning district) are transitional — they are less intense than those existing and allowed across Immokalee Road to the north but more intense than those allowed across Autumn Oaks Lane to the south.] • Main Subdistrict provisions further state "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." [This is an application to rezone from the Estates District to the Southbrooke Office Commercial Planned Unit Development(CPUD).] • Main Subdistrict provisions further state "A maximum of 40,000 square feet of commercial development shall be permitted." [Exhibit A, Permitted Uses, subsection I, limits commercial development to 40,000 square feet.] • Main Subdistrict provisions further state "All buildings will be limited to single-story, and shall be constructed in a common architectural theme." [Exhibit B, Development Standards, lists building height as 25 feet (zoned) but does not explicitly state that buildings are limited to one story. The GGAMP encourages retaining semi-rural character. A Review 1 response indicates semi-rural character will be retained with a project that will be single story with a unified architectural theme, has a 0.2 FAR and an enhanced landscape area and preserve adjacent to Autumn Oaks Lane. Provisions for the enhanced landscape area and preserve are found in Exhibit F, Partial Site Section, and may be consistent with Subdistrict provisions. PUD Exhibits do not include the FAR limitation. This provision lacks specificity and does not identify the semi-rural architectural theme or how semi-rural character will be retained through development and design standards. Revise PUD documents to be consistent with similarly-approved provisions for PUDs in the Golden Gate Estates Area where this applies. (Staff suggests adding a subsection "C"under Exhibit A, Permitted Uses, section I, for "Operational Standards". This is typically where to identify the unified architectural style for buildings and lighting; and, specify hours of operation for different uses, deliveries and outdoor activities. The Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida provides information on the style intended for this area)] • Main Subdistrict provisions further state "A minimum 30' wide vegetated buffer shall be provided adjacent to Autumn Oaks lane, which shall consist of retained native vegetation." [Provisions for retaining native vegetation and adding supplemental plantings sufficient Southbrooke PUD,PUDZ-PL20140002077 Page 4 of 15 August 6,2015 CCPC Packet Page -81- 11/10/2015 9.B. to meet this requirement are found in Exhibit C, PUD Master Plan, Exhibit E, List of Developer Commitments, sections A and C, and illustrated in Exhibit F, Partial Site Section. Comprehensive Planning staff defers to Environmental Review and Zoning Services staffs to determine consistency with this requirement.] • Main Subdistrict provisions further state "Access to the subdistrict shall only be from Immokalee Road." [Exhibit C, PUD Master Plan, depicts access on Immokalee Road only.] FLUE Policy 5.4 requires new developments to be compatible with, and complementary to, the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses and use intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities, development standards (building heights,hours of operation, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. Staff would also note the blanke t statemen t regarding hours of operation ("no business or service shall be permitted to conduct business 24 hours per day") is vague and that perhaps PUD documents should be revised to be consistent with similarly-approved provisions for PUDs where such limitations apply. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis [in bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. 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. [This site fronts both Immokalee Road (CR 846) and Autumn Oaks Lane. Exhibit C, PUD Master Plan, depicts two, direct right-in, right-out accesses to Immokalee Road, classified as a major arterial road in the Transportation Element. No vehicular connection points are proposed onto Autumn Oaks Lane(a local road).] 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. [Exhibit C,PUD Master Plan,does not depict any internal accesses or roads. The small site provides only traffic circulation and parking areas. All vehicular traffic accesses Immokalee Road from two right-in/right-out street accesses.] Southbrooke PUD, PUDZ-PL20140002077 August 6,2015 CCPC Page 5 of 15 Packet Page-82- 11/10/2015 9.B. 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. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Exhibit C, PUD Master Plan, depicts interconnection with the abutting property to the east of the subject site as a "potential interconnection", and is consistent with this Policy. Connection with abutting property located to the west is not proposed. Designated preserve area and a water management area lie on that abutting property, making connection infeasible there] 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. [With regard to walkable communities, the application appears to propose internal sidewalks and access to the sidewalk along Immokalee Road only. No sidewalk is proposed to be constructed along the subject property's side of Autumn Oaks Lane and, no access to such a sidewalk. There is an existing sidewalk along the south side of Immokalee Road, along the west side of Oakes Blvd. connecting Immokalee Road with Vanderbilt Beach Road two miles to the south, along the north side of Autumn Oaks Lane (in front of the first two tracts) from Oakes Blvd. east to Valewood Drive, and along the east side of Valewood Drive connecting Autumn Oakes Lane with Immokalee Road. Thus, bike/pedestrian traffic from residential development in Golden Gate Estates between Immokalee Rd. and Vanderbilt Beach Road could access the subject site via local streets (without sidewalks) to the Oakes Blvd. sidewalk to the Immokalee Road sidewalk to the subject site, or from Oakes Blvd. sidewalk to Autumn Oaks Lane sidewalk to Valewood Drive sidewalk to Immokalee Road sidewalk to the subject site. The two subject parcels are the 4th and 5th tracts lying east of Oakes Blvd. There is no sidewalk along Autumn Oakes Lane east of Valewood Drive. If a sidewalk were provided along the frontage of the County-owned parcel at the northeast corner of Autumn Oaks Lane and Valewood Drive and along the subject site's frontage, then bike/pedestrian traffic could have convenient access from the subject site to Oakes Blvd. without travelling along Immokalee Road. A potential vehicular interconnection is proposed to the east but not non-vehicular. A number of proposed design characteristics effectively block PUD access/use from the residential area to the south — or make it unnecessarily more difficult. Exhibit C, PUD Master Plan, or other PUD materials do not provide for non-vehicular interconnection with Autumn Oaks Lane -- even though the opportunity is present. Non-vehicular interconnection is possible and feasible to (a sidewalk or to Autumn Oaks Lane)the south. The lack of pedestrian and bicycle interconnection exacerbates problems associated with underdeveloped interconnectivity, and perpetuates a development style not encouraged by the County. Revise PUD Exhibit F to add an effective commitment to provide pedestrian/bicycle interconnection to east and depict it on Exhibit C. Southbrooke PUD, PUDZ-PL20140002077 Page 6 of 15 August 6,2015 CCPC Packet Page-83- 11/10/2015 9.B. Regarding common open spaces, the PUD proposes preserve area in excess of that required by the LDC,landscape buffers,and water management area. With regard to civic facilities — none are specifically proposed. Application materials explain civic facilities will be addressed at the time of SDP, but no civic facilities are identified as permitted uses in PUD exhibits themselves.] REVIEW OF PUD DOCUMENT Staff recommendations: • Exhibit A, Permitted Uses: Add operational standards to identify the unified architectural style for buildings and lighting, etc.; and, define hours of operation for different uses, deliveries and outdoor activities, etc. • Exhibit B, Development Standards: Indicate a Floor Area Ratio and, add standards providing for the semi-rural character through a unified architectural style for buildings and lighting, etc. • Exhibit C, PUD Master Plan: Add labeling for arrow symbols on the boundary between easterly adjoining site to indicate potential future vehicular and future non-vehicular interconnection. • Exhibit E, Developer Commitments: Add a commitment that at the time of the first Site Development Plan, for providing, to the maximum extent feasible, vehicular and non- vehicular interconnectivity between the easterly adjoining site. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect with the easterly adjoining site. Based upon the above analysis, the proposed Planned Unit Development may NOT be deemed consistent with the FLUE and GGAMP. However, this petition may be deemed consistent if the above requested changes are made and the companion GMP amendment is approved. Please note this PUD amendment petition is contingent upon approval of the companion GMPA petition CPSS-2014-4/PL20140002143. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. A minimum of ten percent(0.47 acres) of the native vegetation is required to be retained for the PUD. Although not requested by the applicant, the preserve, because of its size, would qualify for off-site retention of native vegetation in accordance with the LDC. The preservation standards pursuant to CCME Policy 6.1.1 are based on the portion of the site not within dedicated public Right-of-Way (ROW). The portion of the site within dedicated public ROW is excluded pursuant to Sub-Policy 6.1.1 (11). CCME Sub-Policy 6.1.1 (11) reads as follows: Southbrooke PUD, PUDZ-PL20140002077 August 6,2015 CCPC Page 7 of 15 Packet Page -84- 11/10/2015 9.B. (11) Right of Way acquisitions by any governmental entity for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area, shall be exempt from mitigation requirements. The preserve requirement for this site is calculated as follows. Total site 5.18 acres Public road ROW 0.44 acres Net site area 4.74 acres Required preserve 0.47 acres (4.74 acres x .10 =0.47 acres) ANALYSIS: Environmental Analysis: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The subject property is small, approximately 5.18 acres in size and bordered to the north by a major roadway, Immokalee Road. 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. The proposed preserve, as shown on the PUD master plan, meets the minimum width requirements for preserves in the LDC (LDC 3.05.07 H.l.b) and will provide a forested connection between the existing water management area to the west and undeveloped parcel to the east. The preserve, as shown on the PUD master plan, is also located adjacent to single family Estates zoned lots to the south, a less intense use than that to the north along Immokalee Road. The project does not require Environmental Advisory Council (EAC) review since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Analysis: Transportation Planning Staff recommends approval of the project subject to the following conditions: 1) Exhibit C,Master Plan—Remove the access point on the westerly end of site, as the proposed connection is inconsistent with Sections 3.09.2.1 (one connection per road frontage) and 3.10.1 (660 ft. connection spacing requirement to avoid potential safety, operational and/or weaving hazards) of the County's Access Management Plans; and, 2) Exhibit F, List of Developer Commitments — insert commitment to require right-of-way dedication for turn lanes. Zoning Analysis: Zoning Staff reviewed the application and suggested several modifications, which were incorporated into the CPUD document. Deviation Discussion: The petitioner is seeking approval of two deviations from the requirements of the LDC. The deviations are listed in the PUD document. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: Southbrooke PUD, PUDZ-PL20140002077 Page 8 of 15 August 6,2015 CCPC Packet Page-85- 11/10/2015 9.B. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs. . . . may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. . . . Deviation 1 — A deviation from LDC Section 6.06.02, Sidewalks, Bike Lane and Pathway Requirements,to provide no sidewalk or sidewalk connection to Autumn Oaks Lane. Petitioner's Rationale: This deviation is warranted because no vehicular or pedestrian access is being provided to Autumn Oaks Lane. Further, residents in attendance at the NIM requested that no sidewalk or sidewalk connection be provided on Autumn Oaks Lane. Staff Analysis and Recommendation: At the NIM, the Staff representative asked the I' attendees if they preferred a pedestrian connection to the project. The consensus was for no connection; no one spoke in favor of a connection. Deviation 2 —A deviation from LDC Section 4.06.02,Buffer Requirements, to provide a 10-foot Type B buffer adjacent to an Estates zoned parcel. Petitioner's Rationale: This deviation is warranted due to the public use of the Estates zoned property. Where a commercial development abuts a public use, a 10-foot wide, Type A buffer is required. The abutting property, while zoned Estates, is owned by Collier County and utilized as a public use for water management related to the recent Immokalee Road improvements. No residential development will occur on this parcel due to the ownership and the retention pond that exists on site. Providing a wider and more dense landscape buffer to the water management lake is unnecessary and would provide no benefit to either property or the general public. The subject property as designed is limited to office type uses only and will not have outdoor storage or any other component necessitating the buffer requirement as if it abuts a residential use. Staff Analysis and Recommendation: The west property line is adjacent to property zoned E, but is owned by Collier County and contains a storm water pond. Staff agrees that providing a Type B buffer in a reduced (10-foot) width is justified. FINDINGS OF FACT: PUP Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): 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. Southbrooke PUD, PUDZ-PL20140002077 August 6,2015 CCPC Page 9 of 15 Packet Page -86- 11/10/2015 9.B. Staff has reviewed the proposed PUD and believes that the potential change in use will not have a major effect on surrounding properties and infrastructure. 2, Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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. Evidence of unified control was submitted with the application. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. Staff has reviewed this petition and is of the opinion that this petition, with the recommended changes, may be found consistent with the proposed Southbrooke Office Subdistrict. 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 proposed RPUD is located on a six-lane arterial road. With the proposed buffers and preserve, Staff finds the proposed use to be compatible with the surrounding uses, subject to the recommended changes. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The LDC requires 30 percent open space for commercial PUDs. This requirement will be required to be provided during Site Development Plan review. (A deviation was not requested.) 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Staff's review indicates that available improvements and facilities will be adequate. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed CPUD is constrained by the Southbrooke Office Subdistrict and therefore, will not expand. 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 proposed CPUD is consistent with PUD regulations, except for the two proposed deviations, and seeks to meet a desired purpose of providing low-intensity commercial uses. Rezone Findings: LDC Subsection 10.02.08.E states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Southbrooke PUD, PUDZ-PL20140002077 Page 10 of 15 August 6,2015 CCPC Packet Page-87- 11/10/2015 9.B. 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, &policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff analysis, with recommended changes, recommends that this petition be deemed consistent with the proposed Southbrooke Office Subdistrict. 2. The existing land use pattern; The subject parcel abuts a 6-lane arterial road and may not be considered appropriate for residential development. Landscape buffering and a preserve may help ameliorate the impact on the neighborhood. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts,. Commercial zoning exists on the north side of Immokalee Road. In addition, if the Southbrooke Office Subdistrict is approved,it will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The companion petition for the Southbrooke Office Subdistrict will determine district boundaries. This CPUD is entirely within that subdistrict. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The plat of Golden Gate Estates Unit 97, which includes the subject site, indicates that the Immokalee Road ROW was 100 feet in width at that time. To widen the ROW to the current 150 feet, the County took the north 50 feet from the lots abutting ImmokaIee Road, including the subject site. There are no single family homes constructed along the north boundary of Unit 97, only conditional and institutional uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Landscape buffering and a preserve may help ameliorate the impact of a commercial use adjacent to residential uses. 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 CPUD will have access from ImmokaIee Road only. Autumn Woods Lane will have no access to the commercial use,vehicular or pedestrian. 8. Whether the proposed change will create a drainage problem; Southbrooke PUD, PUDZ-PL20140002077 Page 11 of 15 August 6,2015 CCPC Packet Page-88- 11/10/2015 9.B. The proposed CPUD will require a permit from the South Florida Water Management District and therefore,will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The maximum building height is limited to a single story at 25 feet (zoned), 35 feet (actual). The neighboring Estates lots are capped at 30 feet, so the proposed change will not seriously reduce light and air to the adjacent areas. 10. Whether the proposed change will 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 many 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; Landscape buffering and a preserve may help ameliorate the impact of a commercial use adjacent to improving or developing residential uses. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed CPUD, with recommended changes, complies with the proposed amendment to the GMP 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 subject property could be developed within the parameters of the E zoning district; however, the petitioner believes that, abutting a six-lane arterial road, the site would better support a commercial use. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed one story, 40,000 square-foot development will not be out of scale with the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other areas in the County that are zoned for commercial uses; however, the applicant believes that the subject site, abutting Immokalee Road, is appropriate for the proposed uses. Southbrooke PUD,PUDZ-PL20140002077 Page 12 of 15 August 6,2015 CCPC Packet Page-89- 11/10/2015 9.B. 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. This project will undergo evaluation relative to all federal, state, and local development regulations during the SDP or Plat approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate q public facilities and services consistent with.the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. li• This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 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. HISTORIC/ARCHAEOLOGICAL REVIEW: The project site was reviewed and contains no historic/archaeological probability areas. ENVIRONMENTAL ADVISORY COUNCIL (EAC)REVIEW: The CCPC sitting as the EAC is not required to hear this petition. NEIGHBORHOOD INFORMATION MEETING(MM): A NIM was held on March 10, 2015 at 6:00 PM at the North Naples Baptist Church, 1811 Oakes Boulevard. Fourteen neighbors signed-in for the project. A NIM summary and sign-in sheet are attached. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was submitted to the Office of the County Attorney for review on July 14, 2015. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDZ-PL20140002077 to the BCC with a recommendation of denial unless the following changes are incorporated into the CPUD: 1. Amend the PUD document as follows: a. Exhibit A, Permitted Uses: Southbrooke PUD, PUDZ-PL20140002077 Page 13 of 15 August 6,2015 CCPC Packet Page-90- 11/10/2015 9.B. i. Add operational standards to identify the unified architectural style for buildings and lighting, etc. ii. Define hours of operation for different uses, deliveries and outdoor activities, etc. b. Exhibit B,Development Standards: 1. Indicate a Floor Area Ratio. ii. Add standards providing for the semi-rural character through a unified architectural style for buildings and lighting, etc. c. Exhibit C,PUD Master Plan: i. Add labeling for arrow symbols on the boundary between easterly adjoining site to indicate potential future vehicular and future non-vehicular interconnection. ii. remove the access point on the westerly end of site on Immokalee Road, as the proposed connection is inconsistent with Sections 3.09.2.1 (one connection per road frontage) and 3.10.1 (660 ft. connection spacing requirement to avoid potential safety, operational and/or weaving hazards) of the County's Access Management Plans d. Exhibit F,Developer Commitments: i. Add a commitment that"at the time of the first Site Development Plan,the owner shall provide a vehicular and non-vehicular interconnection between the subject site and the easterly adjoining site. This commitment will indicate that the owner shall provide to staff all correspondence between the parties so as to document efforts to interconnect with the easterly adjoining site. ii. Add commitment: a right turn lane with compensating right-of-way is required. Attachments: 1.Draft Ordinance with PUD Document 2.NIM Summary 3. Correspondence 4. Application 5. Traffic Impact Statement Southbrooke PUD, PUDZ-PL20140002077 Page 14 of 15 August 6,2015 CCPC Packet Page-91- 11/10/2015 9.B. PREPARED BY: C . F'+/ I1REISCHL, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYM10 D V. BELLOWS,ZONING MANAGER DATE ZONIN DIVISION r '7 tea - t 5 MIKE BOSI,AICP,DIRECTOR DATE i' ZONING DIVISION APPROVED BY: A / „,, -.7 ES FRENCH, ' EPUTY DEPARTMENT HEAD DATE GMWTI ANAGEMENT DEPARTMENT I ol,/jgr ,,A/A ---- 7 AV ,. WILKISON, P.E. DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT HEAD Tentatively scheduled for the September 8, 2015 BCC Meeting Southbrooke PUD, PUDZ-PL20140002077 Page 15 of 15 August 6, 2015 CCPC Packet Page -92- 1 11/10/2015 9.B. PUBLIC NOTICE PUBLIC NOTICE PUBLI+C NOTICE NOTICE OF PUBLIC HEARING I 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 4 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 P, MAP AND MAP SERIES BY ADDING THE SOUTHBROOKE OFFICE SUBDISTRICT TO THE ESTATES- C 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 rD DISTRICT.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD EAST Cl 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 a:, THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND sai PROVIDING FOR AN EFFECTIVE DATE. [PL20140002143/CPSS-2014-4] ` • & Q AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA n AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND LAS DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE rD UNINCORPORATED AREA or 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 70 ALLOW UP TO 40,000 SQUARE FEET OF GROSS 9 FLOOR AREA OF COMMERCIAL DEVELOPMENT ON A 5.19t ACRE PARCEL TO BE KNOWN AS THE U1 SOUTHBROOKE CPUD;LOCATED ON THE SOUTH.SIDE OF IMMOKALEE ROAD,EAST OF VALEWOOD V DRIVE IN SECTION 29,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;AND BY z PROVIDING AN EFFECTIVE DATE.[PUDZ-PL20140002077] > m DA VINCI. . ESTATES IN rn - OLDE CYPRESS . M (/) WAIL LONCSMORE OLDE CYPRESS PELICAN • m L, rr II LAKE (DRI [] 'STRAND f, 21 Z D CARLTON 0290 ^ x �_ 20 r LAKES 19 r� u PROJECT w 3 z EBOLI POAZH9POOI:E arm - LOCATION`- mm J I\ _ ��.,5 zw �� NAPLES-IMMOK�I_EE RD. �J LP i 5 ff (C.R.846) 0 0 • UYINCSTON LAKES I 29 8 THE J MAL18U GOLDEN GATE ESTATES 28 i BDSLEY 3 LANE UNIT 97 < RICAS GREENS GE O BREEZEWOOD 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 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-93- October 21.2015 •