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Agenda 02/25/2014 Item #17B2/25/2014 '71. EXECUTIVE SUMMARY Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multi - Family-12 District (RMF -12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) zoning district within the Santa Barbara Commercial Overlay District to allow up to 10,000 square feet of commercial uses for a project to be known as 7- Foodmart CPUD on property located on the east side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section 21, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. (Petition number PUDZ- PL20130001352) OBJECTIVE: To have the Board of County Commissioners (BCC) 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 the 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 Santa Barbara Commercial Overlay (SBCO) District encourages commercial development such as the proposed 7- Foodmart along the Santa Barbara Boulevard roadway corridor. The subject 1.03± acre site is currently undeveloped. The 7- Foodmart CPUD Ordinance proposes up to 10,000 square feet of commercial land uses as permitted by the Santa Barbara Commercial Overlay (SBCO) District. These land uses include C -1 (Professional and General Office), C -2 (Convenience Commercial), C -3 (Intermediate Commercial) and C -4 (General Commercial) commercial development. The Master Plan (See Attachment) depicts the general location of the building area. parking area, water management areas, dumpster area, landscape buffer areas and a sidewalk along Santa Barbara Boulevard. The Master Pian also shows a 10,000 square -foot building area and 0.31- acres of open space. The site depicts two ingress /egress points, one on Santa Barbara Boulevard and one on Tropical Way, an alley. The buildings will be a maximum of two stories and will have a zoned height of 35 feet and an actual height of 42 feet. A 15 -foot wide Type B landscape buffer will be provided along the north. east and south property lines (trees 25 feet on center and a 6 -foot hedge). A 10 -toot wide Type D iandscane buffer (trees 30 feet on center and where the parking iot abuts the street. a 3 -foot height hedge) is proposed along the Santa Barbara Boulevard right -of -way. There are a total of five deviations related to architectural fagade treatments and landscape buffering being sought as part of this CPUD rezoning petition. (For more information, please refer to the Deviations section in the Staff Report, see Attachment). Packet Page -1768- 2/25/2014 17.E. FISCAL IMPACT: The PUD rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 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 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: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The CCPC heard Petition PUDZ- PL20130001352, 7- Foodmart Commercial Planned Unit Development (CPUD), on January 2, 2013, and by a vote of 4 to 0 recommended to forward this petition to the BCC with a recommendation of approval subject to the following stipulations: 1. The sale of gasoline shall be prohibited. 2. Item C, Accessory Uses, shall be deleted from Exhibit A. 3. The reference to internal drives on the Development Standards Table shall be removed. 4. The easement line and minimum building setbacks shall be labeled on the Master Plar., 5. Deliveries to the facility shall be in box type delivery vehicles. No semitrailer deliveries are permitted. 6. There shall be no deliveries directly from the alley. 7. Deviation numbers 4 and 5 shall be rewritten as discussed at the CCPC hearing. 8. Remove Deviation 42, the buffer shall include a wall constructed of masonry or concrete at 6'. 9. Correct errors in reference to applicant on first page of staff report. 10. Lighting shall be Limited to 1 -5 -foot height except for entry lighting required by code. Lighting shall be shielded. 11. Hours of operation shall be from 6 a.m. to 11 p.m. on1N . The CCPC stipulations have been incorporated into the PUD document. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. Packet Page -1769- 2/25/2014 17.E. LEGAL CONSIDERATIONS: This is a rezone from Residential Multi- Family District (RMF- 12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development CPUD Zoning District within the Santa Barbara Commercial Overlay District. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the BCC, 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 CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 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. Consider: Conformity of the proposed CPUD 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' 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 or the sui?ject propertm and of surrounding areas to accommodate expansion,. 8. Consider: Conformity with CPUD 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. Packet Page -1770- 2/25/2014 17.B. 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 CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD 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. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...) 1) 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. Packet Page -1771- 2/25/2014 173. 25. Consider: The impact of development resulting from the proposed CPUD 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 CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC 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 reviewed and approved as to form and legality. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the BCC approve the request for Petition PUDZ- PL20130001352, 7- Foodmart Commercial Planned Unit Development (CPUD). Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments: 1) Staff Report 2) Proposed Ordinance 3) Location Map 4) Master Plan 5) Application - go to http: / /www.collier2ov. net/ ftp/ AgendaFeb2514 /GrowthMgmt /7FoodmartApplication pdf 6) NIM Notes Packet Page -1772- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 2/25/2014 17.E. Item Summary: This item requires that all participants be sworn in and ex -parte disclosure be provided by Commission members. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Multi - Family -12 District (RMF -12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) zoning district within the Santa Barbara Commercial Overlay District to allow up to 10,000 square feet of commercial uses for a project to be known as 7- Foodmart CPUD on property located on the east side of Santa Barbara Boulevard, north of Golden Gate Parkway in Section 21, Township 49 South, Range 26 East, Collier County, Florida; and by providing an effective date. (Petition number PUDZ- PL20130001352) Meeting Date: 2/25/2014 Prepared By Name: GundlachNancy Title: Planner, Principal, Comprehensive Planning 1/29/2014 1:49:10 PM Submitted by Title: Planner, Principal, Comprehensive Planning Name: GundlachNancy 1/29/2014 1:49:12 PM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 1/30/2014 6:18:00 PM Packet Page -1773- 2/25/2014 17.E. Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 1/31/2014 11:12:48 AM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 1/31/2014 3:28:34 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/12/2014 8:57:55 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 2/13/2014 4:40:32 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/13/2014 4:49:59 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/18/2014 11:10:36 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2014 11:54:37 AM Packet Page -1774- 2125/2014 I TE, Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JANUARY 2, 2014 SUBJECT: PETITION PUDZ- PL20130001352, 7- FOODMART CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT') APPLICANT /OWNER: Kelvin and Anand Deonarine Deonarine Enterprise "Inc.'' 1600 40 Terrace SW Naples, Florida 34116 REQUESTED ACTION: AGENT: Mr. Tim Hancock. AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples. Florida 34104 The petitioner requests that the Collier County Planning Commission, (CCPC) consider a rezone from a Residential Multi - Family -12 District (RMF -12) within the Santa Barbara Commercial Overlay (SBCO) District to a Commercial Planned Unit Development (CPUD) zoning district within the Santa Barbara Commercial Overlay District to allow up to 10,000 square feet of commercial uses for a project to be known as 7- Foodmart CPUD, GEOGRAPHIC LOCATION: The 1.03- acre subject property is located on the east side of Santa Barbara Boulevard. approximately 1 mile north of Golden Gate Parkway, with a physical street address of 2' )00. 2316 and 2332 Santa Barbara Boulevard. located in Section 21. Township 49 South. Range 26 East.. Collier County. Florida. (See Location Map on following page.) PURPOSE /DESCRIPTION OF PROJECT: The SBCO encourages commercial development such as the proposed 7- Foodmart along the Santa Barbara Boulevard roadway corridor. The subject 1.03 -- acre site is currently undeveloped. The 7- Foodmart CPUD Ordinance proposes up to 10,000 square feet of commercial land uses as permitted by the Santa Barbara Commercial Overlay (SBCO) District. These land uses include C -1 (Professional and General Office), C -2 (Convenience Commercial), C -3 (Intermediate Commercial) and C -4 (General Commercial) commercial development. 7- Foodmart CPUD, PUDZ- PL20130001352 January 6, 2014 Page 1 of 18 Packet Page -1775- r lae - V h ui ^ N s IL•grs _R _R 'YC YfVNNiI HIfS miri!1ioiiitwii-ij,i I z3�W I r z �n I 0 LU �< L I I I i� 2/25/2014 17.B. 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The Master Concept Plan depicts the general location of the building area, parking area, water management areas, dumpster area, landscape buffer areas and a sidewalk along Santa Barbara Boulevard. The Master Concept Plan also shows a 10,000 square -foot building area and 0.31 ± acres of open space. The site depicts two ingress /egress points, one on Santa Barbara Boulevard and one on Tropical Way, an alley. The buildings will be a maximum of two stories and will have a zoned height of 35 feet and an actual height of 42 feet. A 15 -foot wide Type B landscape buffer will be provided along the north., east and south property lines (trees 25 feet on center and a 6 -foot hedge). A 10 -foot wide Type D landscape buffer (trees 30 feet on center and where the parking lot abuts the street, a 3 -foot height hedge) is proposed along the Santa Barbara Boulevard right -of -way. There are a total of five deviations related to architectural fagade treatments and landscape buffering being sought as part of this CPUD rezoning petition. (For more information, please refer to the Deviations section of this Staff Report.) SURROUNDING LAND USE AND ZONING: North and South: vacant lot(s) and then residential dwellings, with a zoning designation of Residential Multi - Family -12 District (RMF -12) at 12 dwelling units per acre within the Santa Barbara Commercial Overlay District. East: Tropical Way, (an alley) and then multi - family dwellings and a single - family dwelling with a zoning designation of Residential Multi - Family -12 District (RMF -12) at 12 dwelling units per acre within the Santa Barbara Commercial Overlay District. West: Santa Barbara Boulevard, a 4 -lane divided right -of -way and then single - family dwellings with a zoning designation of Estates (F..). 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 4 of 18 Packet Page -1778- 2/25/2014 17.B. AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designates[ urban (Commercial District. Santa Barbara Commercial Subdistrict) on the Future Land Use Map of the Golden Gate Area Master Plan Element. This Subdistrict is intended to accommodate low intensity retail. offices. personal services and institutional uses. such as churches and day care facilities. Development within the Subdistrict is intended to serve the needs of residents within surrounding neighborhoods anc' passerby traffic. Factors to consider during review of the rezone petition are identified in italics. with Ibracitetec staff analysis] following each provision. Similar criteria exist in the Santa Barbara Commercial Overlay District of the Land Development Code. 1. Landscaping and buffering requirements. [The project is subject to the Land Development Code regulations for landscaping and buffering requirements.] 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 5 of 18 Packet Page -1779- 2/25/2014 17.E. 2. Ifater Management Provisions. [The project is subject to the Land Development Code (LDC) regulations for water management provisions.] 3. Architectural Design Standards. [The project is subject to the Land Development Code, specifically Section 5.05.08, except where provisions conflict with the goal of designing the commercial building(s) to have a residential appearance.] 4. Prohibition of automobile service stations and similar repair facilities. [The CPUD list of permitted uses does not include automobile services stations and similar repair facilities.] 5. Encouragement of shared parking and access with adjacent projects, wherever possible. [Shared access and shared parking with adjacent properties is not proposed by this project due to limited site acreage and developable building area. However, the project will reduce the number of access points onto Santa Barbara Boulevard from the presently allowed 3 access points to 1 access point onto Santa Barbara Blvd.] 6. Provisions for local street vacation or relocation, if alternate access is provided. [There is no proposed street vacation or relocation within this CPUD, as no alternate access is provided.] 7. Minimum project size of'one acre. [The subject project acreage is 1.03+ acres.] 8. Encouragement of submittal of proposed development in the form of a PUD zoning district. [The proposed project was submitted as a CPUD.] 9. Provision for sidewalks and coordination of sidewalk location between adjacent properties. [The PUD Master Concept Plan depicts a sidewalk along the frontage of the property, adjacent to Santa Barbara Boulevard.] 10. Signage restrictions. [The project is subject to the Land Development Cone regulations for signage.] II. Building height limitation of two stories, not to exceed a maximum building height o4'35 feet. [The proposed zoned height is 35 feet and the proposed actual height is 47 feet. (The zoned building height is the vertical distance measured from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof.. to the deck Iine of a mansard roof and to the mean height level between eaves and ridge of gable.. hip and gambrel roofs. The actual building height is the vertical distance from the average centerline elevation of the adjacent roadways t(. the hit_ hest structure or- appurtenances.) j 12. Variance provisions are not applicable to items 4, 6, 9, and 11 above. [The applicant has not requested variances from the referenced provisions.] 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page B of 18 Packet Page -1780- 2/25/2014 17.E. FLUE Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses. (Comprehensive Planning staff leaves this determination to Zoning 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 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 setbacks, landscape buffers, etc.), building mass, building location, traffic generation /attraction, etc.). Further, the intent of the Subdistrict is to allow low intensity commercial development that is compatible with adjacent residential development. The requested deviations lessen the potential to achieve that compatibility. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The conceptual CPUD Master Plan indicates that a single access connection to Santa Barbara Boulevard, a minor arterial roadway, is proposed.) FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The proposed CPUD conceptual master plan identifies that the project will have an internal driveway that will permit vehicles to move through the site, with ingress and egress points on Santa Barbara Boulevard and Tropical Way (an alley). Due to the limited site acreage no loop road is proposed.) FLUE Policv 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 conceptual CPUD Master Plan does not include future interconnections to adjacent sites. The site layout is designed such that interconnections are precluded. FLUE Policv 7.4 The County shall encourage new developments to provide walkable communities with a blend of' densities, common open spaces, civic facilities and a range of housing prices and types. (This Policy is not applicable to the proposed commercial project.) Transportation Element: Transportation Planning staff has reviewer the petitioner's Traffic Impact Statement (TIS) and has determined that the adiacent roadway networl: has sufficient capacity to accommodate this proiect within the _5 vear planning oerioc. Therefore. Staff recommends that the subject application be found consistent with Police -5.1 of the Transportatior Element of the Growth Management Plan (GMP). The project generates a maximum potential trip generation totaling 262 new, p.m. peak hour, two -way trips. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 7 of 18 Packet Page -1781- 2/25/2014 17.6. Santa Barbara Boulevard Impacts: Link 76.0, Santa Barbara Boulevard. from Golden Gate Boulevard to Green Boulevard, is the first concurrency link impacted by this rezoning petition. When directionally distributed, there are project trips in the peak direction of Santa Barbara Boulevard totaling 67 peak directional trips. This represents a significant (but not adverse) impact of 3.19 %. Santa Barbara Boulevard currently has a remaining capacity of 867 trips, and is at LOS "C" (Level of Service "C ") according to the 2013 AUIR (.Annual Update and Inventory Report). Logan Boulevard Impacts: Link 49.0, Logan Boulevard, from Pine Ridge Road to Green Boulevard, is a second concurrency link impacted by this rezoning petition. When directionally distributed, there are project trips in the peak direction of Logan Boulevard totaling 45 peak directional trips. This represents a significant (but not adverse) impact of 2.47 %. Santa Barbara Boulevard currently has a remaining capacity of 462 trips, and is at LOS "D" (Level of Service "D ") according to the 2013 AUIR. Green Boulevard Impacts: Link 27.0. Green Boulevard, from Santa Barbara Boulevard to Collier Boulevard, is a second concurrency link impacted by this rezoning petition. When directionally distributed, there are project trips in the peak direction of Green Boulevard totaling 19 peak directional trips, which represent a significant (but not adverse) impact of 2.23 %. Santa Barbara Boulevard currently has a remaining capacity of 273 trips, and is at LOS "C" according to the 2013 AUIR. Conservation and Coastal Management Element: Environmental review staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). Based on the above analysis. Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) and the Golden Gate Area Master Plan of the Growth Management Plan (GMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specificaliN noted in LDC Subsection 10.02.13 13.5., Planning Commission Hearing and Recommendation (commonly_ referred to as the "PUD Findings "), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC. who in turn use the criteria Ul support their action on the rezoning request. An evaluation reiative to these subsections is discussed below. under the heading '`Zoninc and Land Development Reviev. Analysis." in addition. staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require Environmental Advisory Council (EAC) review., as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -I 193 of the Collier County Codes of Laws and Ordinances. A tree count and tree retention or replanting is required in accordance with LDC Section 3.05.0'.A.2. Native ?Tees; the PUD document includes language in Exhibit F: Development Commitments. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 8 of 18 Packet Page -1782- 2/25/2014 17.E. Transportation Review: Transportation Department staff has reviewed the petition and is recommending approval subject to the Transportation Commitments provided in Exhibit F of the attached PUD Ordinance. One of the Transportation Commitments is for a trip generation cap of 262 p.m. peak hour, two -way (unadjusted) trips. Another commitment is to coordinate the project with fixture Santa Barbara Boulevard improvements. Special restrictions may apply to the median opening at the driveway to this site, or the project may require a Southbound left turn lane; this will be addressed at the time of Site Development Plan (SDP) submittal. Utility Review: The Utilities Department staff has reviewed and approved the petition. Water and sewer service will be provided by the Florida Governmental Utility Authority (FGUA). Zoning and Land Development Review: As previously noted, the subject site is located in the on the east side of Santa Barbara Boulevard approximately 1 mile north of Golden Gate Parkway in the RMF -12 zoning designation within the Santa Barbara Commercial Overlay (SBCO) District. It is surrounded by residential development, the development to the north and south is vacant lots and residential development located in the RMF -12 zoning designation within Santa Barbara Commercial Overlay (SBCO) District. The development to the east is single - family and multi- family development located in the RMF -12 zoning designation within the Santa Barbara Commercial Overlay (SBCO) District. The development to the west and across Santa Barbara Boulevard is single - family residences in the Estates (E) zoning district. The 7- Foodmart CPUD is buffered from the residential development by a 15 -foot wide landscape buffer along the north, east and south property lines. A 6 -foot high wall is required between the commercial development where it abuts existing residential development across the alley and to the east. The petitioner is seeking a deviation from this requirement. Please refer to the Deviation section of this Staff Report for additional information. A 15 -foot wide landscape buffer is required along Santa Barbara Boulevard. The petitioner is requesting a deviation from this requirement to provide a 10 -foot wide buffer. For further discussion of the Deviation, see the Deviation section of the Staff Report. This rezone petition requests a total of 10,000 square feet of commercial land uses in the C -1 through C -4 zoning districts and as provided for in the SBCO Zoning Overlay. The maximum zoned height proposed for this CPUD is 35 feet or 42 feet actual height and a maximum of two stories. The site depicts two ingress /egress points. one on Santa Barbara Boulevard and one on Tropical Way, an alley. There are three other deviations related to architectural fagade treatments being sought as part of this CPUD rezoning petition. For more information, please refer to the Deviations section of this Staff Report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states. "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable. (Staffs responses to these criteria are provided in non -bold font): 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 9 of 18 Packet Page -1783- 2/25/2014 17.E. L Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) and Golden Gate Area Master Plan of the Growth Management Plan (GMP). 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential with some vacant lots. There is residential zoning within a Commercial overlay to the north, south and east. To the west is a single- family in the Estates zoning designation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed 7- Foodmart CPUD is located within the "Urban (Commercial District, Santa Barbara Commercial Subdistrict) on the Future Land Use Map of the - Golden Gate Area Master Plan Element. In addition, the PUD includes standards for buffering and building height, setback, and architectural design that have been provided to ensure the project is compatible with the adjoining land uses. Therefore, staff is of the opinion that the proposed CPUD will not result in an isolated district unrelated to nearby districts along the Santa Barbara corridor. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed PUD district boundaries are Logically drawn and conform to the "Urban (Commercial District, Santa Barbara Commercial Subdistrict) on the Future Land Use Map of the Golden Gate Area Master Plan Element. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends. changing market conditions. and the development of the surrounding area. suppon the proposed PUD. This site is designated for a mix of commercial uses that are specified. w=ithin the parameters of the LDC's "Santa Barbara Commercial Overlay District "' and the applicant intends to develop the property within the parameters of the "Santa Barbara Commercial Overlay District.- 6. Whether the proposed change will adverseii influence living conditions in the neighborhood:. IA7hiie the proposed commercial development is different from the surrounding residential development, the landscape buffering and architectural standards will help blend the proposed commercial development into the neighborhood. Furthermore, Santa Barbara Boulevard is a 4 -lane arterial road and the proposed commercial development is more appropriate along an arterial roadway than residential development. In addition, there are many neighboring Golden Gate City 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 10 of 18 Packet Page -1784- 2/25/2014 17.B. residents without automobiles who walk and benefit from commercial development such as this that is located nearby. 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. Evaluation of this project took into account the requirement for consistency with the applicable policies of the Traffic Element of the GMP and the project was found consistent with those policies. Additionally, the transportation commitments are contained in Exhibit "F" of the PUD document. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination by law is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Property to the east and west of the subject site are already developed. The property (lots) to the north and south of the subject site are partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application. when combined with the site development plan approva process and/o subdivision process. gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed rezone to CPUD is in compliance with the GMP. The GMP is a public policy statement supporting zoning actions when they are consistent with said plan. In light of this fact, the proposed CPUD does not constitute a grant of special privilege. Consistency with the GMP is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 11 of 18 Packet Page -1785- 2/25/2014 '17. E. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the site development plan process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and of jectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that i responsible for jurisdictional eiements of the GMP as part of the rezoning process. and that staff ha; concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. -f c, be determined by the BC °L ciuring its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria." (Staff's responses to these criteria are provided in non -bold font): 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 12 of 18 Packet Page -1786- 2/25/2014 17.B. 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. As previously stated, the property is designated for commercial uses as identified by the Urban (Commercial District, Santa Barbara Commercial Subdistrict) on the Future Land Use Map of the Golden Gate Area Master Plan Element. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GNIP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The development standards. landscaping and buffering requirements contained in the PUD document are designed to make the proposed uses compatible with the adiacent uses. Staff believes that this petition is compatible, with the existin- iand uses and with the existing undeveloped land. Additionally. the Development Commitments contained in the PUD document provide additional requirements the developer will have to fulfill. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 13 of 18 Packet Page -1787- 2/25/2014 17.6. The timing or sequence of development in light of concurrence requirements does not appear to be a significant problem for this project based upon the transportation commitments contained in the PUD document. In addition, the project's development must be in compliance with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking 5 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the 5 deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived and will not have a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviations are "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 5 deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and provides the analysis and recommendations below: Deviation # 1 seeks relief from LDC Section 5.05.08 C.9.b., "Freestanding Building within a PUD," which requires all facades for freestanding structures within a PUD to be treated as a primary facade, except for secondary facades. to require only the facade facing Santa Barbara Boulevard to be treated as a priman- facade. Petitioner's Rationaic. The applicant states that the justification for this deviation_ is that the nroiec; will be visible from Santa Barbara Boulevard but not from any othe. _ exterior roadways. ne required Type "B" buffers on the north and south and the Type "B" to the east along the alley will visually screen the site at eye level within one year of development. Therefore, requiring all four side of the building to meet primary facade standards would result in significant additional expenditures for the property owner and no measurable benefit to the community. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 14 of 18 Packet Page -1788- 2/25/2014 17.B. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 2 seeks relief from LDC section 5.03.02 H., "Wall Requirement between Residential and Non - residential Development," which requires a masonry wall, concrete or pre - fabricated concrete wall and/or fence to be constructed on a non - residential property when it lies contiguous to or opposite a residentially zoned district, to instead allow a Type "B" buffer inclusive of a 6 -foot high hedge consistent with LDC section 4.06.02 C.2. where residential zoning occurs on the perimeter of the subject property. Petitioner's Rationale: The applicant states that the justification for this deviation is that due to the small scale nature of the project and the Type "B" buffer requirements on three sides of the property, the provision of a masonry wall may be excessive in this case. Furthermore, the presence of the Tropical Way alley on the Eastern boundary of the proposed development serves as additional buffering by increasing the distance from the project to the nearest residential structure. The required Type `B" buffers on the north, south and the east along the alley, will visually screen the site at eye level within one year of development. Requiring a masonry wall would result in significant additional expenditures for the property owner and no measurable benefit to the community. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is `Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 3 seeks relief from LDC section 4.06.02 C_4., ".Alternative D Landscape Buffer." which requires a 15 -foot wide Type "D" landscape buffer when the ultimate right -of -way is 100 or more feet. to instead nrovide a 10 -foot wide Type "D" buffer along, Santa Barbara Boulevard. Petitioner's Rationale: The applicant states that the justification for this deviation is that due to the shallow depth and nature of the project, the provision of a 15 -foot wide Type "D" landscape buffer would further diminish the developable area and circulation of the proposed development. The adiacent right -of -way width is 150 feet. Requiring a 15 -foot width would result in significant loss of developable area and therefore income producing square footage . for the pronem- owner while offering no additional and measurable benefit to the community-. The alternative proposed buffer width will consist of the same plant material and spacing requirements per the LDC. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.51., the petitioner has demonstrated that 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 15 of 18 Packet Page -1789- 2/25/2014 17.E. the deviation is `;justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 4 seeks relief from LDC section 4.06.02 C.2., "Alternative B Landscape Buffer." which requires a 15 -foot wide Type "B " landscape buffer, to instead provide a 5 -foot wide buffer with the same planting materials on the west side of the dumpster enclosure, as shown on the Master Plan. Petitioner's Rationale: The applicant states that the justification for this deviation is that due to the shallow depth and nature of the project, in order for trash pick -up to occur along Tropical Way, which is typical in this area, requires that this deviation be approved. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 5 seeks relief from LDC section 5.03.04.A.2., "Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area," to instead provide that the dumpster enclosure be allowed to minimally encroach. into the landscape buffer along Tropical Way (alley) as shown on the Master Plan. Petitioner's Rationale: The applicant states that the justification for this deviation is that due to the shallow depth and nature of the project, in order for trash pick -up to occur along Tropical Way, which is typical in this area, requires that this deviation be approved. Staff` Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that" in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated tha, the deviation is "justified as meeting public purposes to a degree at least equivalent to literal appiication of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent /applicant duly noticed and held the required NIM on October 10. 2013. For further information., please see .Attachment B: "Neighborhood Information Ivieeting Summary Notes•. COUNTY ATTORNEY OFFICE RE`'IEW: The County Attorney Office has reviewed the staff report for Petition PUDZ- PL20130001352 revised on December 13. 2013. 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 16 of 18 Packet Page -1790- 2/25/2014 1 i . B . RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ- PL20130001352 to the Board of County Commissioners with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Neighborhood Information Notes 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 17 of 18 Packet Page -1791- PREPARED BY: ,Yww& aA4A& NANCY G D A H, AICP, PRINCIPAL PLANNER GROWTH EMENT DIVISION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY NICK C. , S ALAN A, AD INISTRATOR GROWTH MANAGEMENT DIVISION 7- Foodmart CPUD, PUDZ- PL20130001352 December 17, 2013 Page 18 of 18 Packet Page -1792- PAO DATE / 1 - 1. - t - DATE DATE 2/25/2014 17.E. 2/25/201,4 17.E. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI - FAMILY-12 DISTRICT (RMF -12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS 7- FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ- PL20130001352) WHEREAS, Tim Hancock of Davidson Engineering, Inc. representing the petitioner, Deonarine Enterprise "Inc. ", petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 21, Township 49 South. Range 26 East, Collier County, Florida is changed from a Residential Multi - Family -12 Districi (RMF -12) within the Santa Barbara Commercial Overlay District to a Commercial Planned Unit Development (CPUD) within the Santa Barbara Commercial Overlay District for a project to be known as 7- Foodmart CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps. as described in Ordinance No. 2004 -41. as amended. the Collier County Land Development Code. is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 7- FOODMART - PUDZ- PL20130001352 Pale 1 oft Rev. 1/07/14 Packet Page -1793- 2125/2014 17.E. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Deviations Exhibit F — Development Commitments CP',13 -CPS - ©125 \43. 7- FOODMART - PUDZ- PL20130001352 Rey. 1/07/14 Page 2 of 2 Packet Page -1794- TOM HENNING, Chairman 2/25/2014 17.E, EXHIBIT A PERMITTED USES: The 7- Foodmart Commercial Planned Unit Development (CPUD) is allowed a maximum of 10,000 square feet of gross floor area of limited commercial uses consisting of retail, service and /or office uses. Permitted 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 primary uses: A. Principal Uses 1. Accounting (8721). 2. .Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Amusement and recreation services (7999, bicycle and moped rental only). 5. Animal specialty services, except veterinary (0752, dog grooming and pedigree record services only) excluding outside kenneling. 6. Apparel and accessory stores (156 11 1- 5699). 7. Architectural services (8712). 8. Auditing (8721). 9. Auto and home supply stores (5531). 10. Banks, credit unions and trusts (6011-6099). 1 I. Barber shops (7241). 12. Beauty shops (7231). 13. Bookkeeping services (872 1 1. 14. Business associations (8611). 15. Business consulting services (8748). u;nr Page 2 of 11 2 i- Packet Page -1795- 2/25/2014 17. B . 16. Business credit institutions (6153- 6159). 17. Child day care services (8351). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography (7335). 21. Computer and computer software stores (5734). 22. Computer programming, data processing and other services (7371- 7379). 23. Credit reporting services (7323). 24. Dance studios, schools and halls, (7911). 25. Department stores (531 1 }. 26. Direct mail advertising services (7331). 27. Drug stores (5912). 28. Eating places (5812, except contract feeding, dinner theaters, food service - institutional, industrial feeding). 29. Educational services. 30. Electrical and electronic repair shops. miscellaneous (7629 - except aircraft, business and office machines, large appliances. and white goods such as refrigerators and washing machines). 31. Enaineerina services (871 1). 32. Federal and federally- sponsored credit agencies (61 1 1). 33. Food stores (541 1 - except supermarkets. 5421- 5499). 34. Funeral service (7261 S. Garment pressing, and agents for ial.nndries and drvcieaners (7212 ). 36. General merchandise stores (5331- 5399). 37. Glass stores (5231), �'1,j} s �cati Uli-IG ^t Packet Page -1796- "ag(' I of, t i 2/2512014 17. B . 38. Group care facilities (category i and 1_I. except for homeless shelters); care units, except for homeless shelters; nursing homes: assisted living facilities pursuant to F.S. § 400.402 and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4 -193 F.A.C.; all subject to section 5.05.04 of the LDC 39. Hardware stores (5251). 40. Health services, offices and clinics (8011 -8049) 41. Home furniture and furnishings stores (5713- 5719). 42. Home health care services (8082). 43. Insurance carriers, agents and brokers (6311 -6399, 6411). 44. Labor unions (8631). 45. Landscape architects. consulting and planning (0781). 46. Laundries and dry cleaning (7215). 47. Legal services (8111). 48. Loan brokers (6163). 49. Management services (8741, 8742). 50. Membership organizations, miscellaneous (8699). 51. Mortgage bankers and loan correspondents (6162). 52. Museums and art galleries (8412). 53. Musical instrument stores (5736 ). 54. Paint stores (5231). 55. Personal credit institutions (6141). 56. Personnel supple services (7361 736-3). 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios (7221). Packet Page -1797- Pa e3of1 2/25/2014 17.B. 60. Physical fitness facilities (7991). 61. Political organizations (8651). 62. Professional membership organizations (8621). 63. Public administration (9111- 9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). 64. Public relations services (8743). 65. Radio, television and consumer electronics stores (5731). 66. Radio, television and publishers advertising representatives (7313). 67. Real estate (6521 - 6541). 68. Record and prerecorded tape stores (5735). 69. Religious organizations (8661). 70. Retail services. miscellaneous (5912, 5942 -5961, 5992 - 5999). 71. Retail nurseries, lawn and garden supply stores (5261). 72. Secretarial and court reporting services (7338). 73. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 74. Shoe repair shops and shoeshine parlors (7251). 75. Social services. individual and family (8322 - activity centers. elderly or handicapped; adult day care center.-'; and, day care centers. adult and handicapped only). 76. Social services. not elsewhere classified (8399). 77. Surveying services (8713). 78. Tax return preparation services (7291 ). 71. United State Postal Service (4:;1 1 except major distribution center.; 80. Veterinary services (0742 veterinarian's office only. excluding outdoor kenneling.) 8I. Videotape rental (7841. excluding adult oriented stores.) 82. Wallpaper stores (523 I). Packet Page -1798- Page Al of 11 2/25/2014 17.E. 83. Watch, clock and jewelry repair (7631). 84. Any other principal use which is comparable in nature with the foregoing Iist of permitted principal uses. as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Prohibited Uses 1. Gasoline service stations (5541) or any gasoline sales. Packet Page -1799- 2/25/2014 17.E. EXHIBIT B DEVELOPMENT STANDARDS: TABLE I COMMERCIAL DEVELOPMENT STANDARDS Table I below sets forth the development standards for commercial land uses within the proposed Commercial Planned Unit Development (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C -2 zoning. Note: Permanent accessory structures. such as dumpster enclosures. shall not be pennitted in the orainage and uwwi easemem. Ii said easement ceases to exist, setbacilr will occur from the right -r -wa... alley or adjacent property lint. S.P.S = Same and Principal Structure Packet Page -1800- f'a-c 6 of, 11 PRINCIPAL USE ACCESSORY USE MINIMUM LOT AREA 43,560 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM FLOOR AREA 1,000 square feet (ground N/A floor) MAXIMUM FLOOR AREA RATIO N/A PUD SETBACK REQUIREMENTS MINIMUM BUILDING SETBACK 25 feet S.P.S. (FROM SANTA BARBARA BOULEVARD) MINIMUM BUILDING SETBACK (FROM NORTH BOUNDARY & SOUTH 15 feet 10 feet BOUNDARY) MINIMUM BUILDING SETBACK 15 feet 10 feet (FROM TROPICAL WAYALLEY) MINIMUM DISTANCE BETWEEN 0 feet (principal to I STRUCTURES 10 feet accessory) MAXIMUM BUILDING HEIGHT • Zoned: 35 feet /2- stories 25 feet. • Actual: 42 feet /2- stories 32 feet Note: Permanent accessory structures. such as dumpster enclosures. shall not be pennitted in the orainage and uwwi easemem. Ii said easement ceases to exist, setbacilr will occur from the right -r -wa... alley or adjacent property lint. 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EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. 1. Deviation #1 seeks relief from LDC Section 5.05.08 C.9.b., "Freestanding Building within a PUD," which requires all facades for freestanding structures within a PUD to be treated as a primary facade, except for secondary facades, to require only the fagade facing Santa Barbara Boulevard to be treated as a primary fagade. 2. Deviation #2 seeks relief from LDC section 5.03.02 H., "Wall Requirement between Residential and Non - residential Development," which requires a masonry wall, concrete or pre - fabricated concrete wall and /or fence to be constructed on a non- residential property when it lies contiguous to or opposite a residentially zoned district, to instead allow a Type "B" buffer inclusive of a 6 -foot high hedge consistent with LDC section 4.06.02 C.2. where residential zoning occurs on the north and south perimeter boundaries of the subject property. 3. Deviation 43 seeks relief from LDC section 4.06.02 C.4., "Alternative D Landscape Buffer," which requires a 15 -foot wide Type "D" landscape buffer when the ultimate right -of -way is 100 or more feet, to instead provide a 10 -foot wide Type "D" buffer along Santa Barbara Boulevard. 4. Deviation #4 seeks relief from LDC section 4.06.02 C.2., "Alternative B Landscape Buffer ", as well as LDC section 5.03.04 A.2., specifying dumpster enclosures not to encroach into the required landscape buffer area, to instead allow the dumpster enclosure to be located as shown on the MCP and to provide a 5 -foot wide buffer with the same planting materials required of a Type 'B' Buffer on the west side of the dumpster enclosure, as also shown on the Master Plan. Packet Page -1803- 2/25/2014 17.B. EXHIBIT F DEVELOPMENT COMMITMENTS: PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. ENVIRONMENTAL Subject to a native vegetation tree survey performed on the subject property, 37 trees were found to be consistent with native vegetation requirements. 10% of said trees shall be retained. relocated or provided on site per Section 3.05.07.A.2 of the LDC as part of the required perimeter landscaping or elsewhere on -site. OUTDOOR LIGHTING All outdoor lighting shall be limited to 15 feet in height except for code required arterial level street lighting at the project entrance on Santa Barbara Boulevard. All lighting shall be designed to shield streets and all adjacent properties from direct glare and excessive tight. TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: The developer will restrict the Santa Barbara Boulevard driveway to preclude trucks from entering or exiting. All trucks, including waste management and delivery trucks, shall be guided to use the service alley behind the development as a primary means of accessing the site. Signage at the entrance on Santa Barbara Boulevard will be installed directing deliveries to Tropical Way. Deliveries will be made by vehicles no larger than a `box truck'. Full size Tractor Trailers shall not make business deliveries via Tropical Way. No vehicles shall park on Tropical Way to make deliveries. At the time of PUD approval, the future of Santa Barbara Boulevard is planned by the County to be four lanes, and the potential for a full or directional median opening is not currently determined. The owner acknowledges that installation of a full or directional median opening -, serving this development or the installation of a raised median shall be a; the sole discretion of Collier County for the future design. If the developer elects to Pursue a full or directional median opening during the future four -lane design. then tn-t Developer- agrees to do so at his own risk and cost (costs shall include design, permitting. and if approved by Collier County, construction). If a Southbound left turn lane is constructed by the County to serve this development, the owner agrees to reimburse the County for the aforementioned design, permitting, and construction costs at an equal value to what the County has paid for these services. J"! Packet Page -1804- 2/25/2014 1 .6. 3. Should the developer wish to retain the existing median opening with intent to serve his site, then the design and construction a southbound left turn lane shall be at the expense of the developer. If the left turn lane is not desired and or required by the developer at this time, then signs and /or median restrictions prohibiting the Southbound left -turn movements shall be installed in the right -of -way per MUTCD and FDOT standards to promote safe traffic movements as part of the first SDP application on this site. 4. Notwithstanding the commitments in paragraph 2 and 3, the County reserves the right to close or modify the median openings at any time in its sole discretion. 5. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed the summarized PM Peak Hour, two way trips as shown below: a. For a maximum of 10,000 SF, 262 PM Peak Hour, two way trips. MISCELLANEOUS 1. Hours of operation shall be limited to 6am to I I pm. 2. The required privacy wall adjacent to residential zoning shall be 6 feet in height. SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET PROVISION 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 Deonarine Enterprise, "Inc." 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. /1 Omer and Developer sell off tracts, the Managing Entity shall provide written notice to Count\ that includes an acknowledgement of the commitments required by the PUD by the new owner and the ne4N owner's aureement to comply xvith the Commitments through the Managing Entity.. but the Managing Emitv shall not be relieved or its responsibility under this Section. When the PUD are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 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Q � G Lu LL O° 0 U° o a I a Z I w ❑ I J �LL ❑ wz W N 2m ¢ ❑ -w I og 3 w m m a w _ U O � ❑ I p I �g mOc ❑ QWw .gm0 s❑w I III,, 7 U m W W J Z 2 q i< w w w w LL, m z° a p G l 1N3W3`JVNVW K LL LL � Q¢ III' Q> W O W O N O Q Q O Z LL O W m jm ZOmOOU w cvd❑0H a W ¢ 5¢`DwQ 00 <oOiow ¢omU C>, ¢ a o m 0 0 U° o° ❑ O m H U U m U z Q a N Q v m❑ W m Y p m w m oii?�¢� o w O O Q >< Q Q Z z a Z It U U m 0> m O< O o < 5L) >P= Z U a w C U w OmaJ L U) 4 tq Oz ¢a iJ w W Fx- W J W N Z auk Z Z z Z =m W 2 Nnm¢ O O W a O zZ d w 2000 Z Co V) z z N ❑ 5 5 O x �% LL J J p W 7 L C1 i a > > > m a > O F W K m W a K j ; 2/25/2014 17.B. DAVIDSON E N G I N E E R I N G MEMORANDUM TO: Nancy Gundlach, Principal Planner FROM: Tim Hancock, AICP October 10, 2013 RE: 7- Foodmart PUDZ- PL20130001352 Neighborhood Information Meeting Summary Notes A Neighborhood Information Meeting was held on Monday, October 7', 2013 at the Golden Gate Community Center. The meeting was properly advertised in the Naples Daily News and started at 5:30 pm. A total of 9 interested parties attended, please see the attached sign in sheet. In addition, the following individuals associated with the review and presentation of the project were present: • Nancy Gundlach, Collier County • Tim Hancock, Davidson Engineering, Inc. • Frederick Hood, Davidson Engineering, Inc. • Anand Deonarine, Deonarine Enterprise, Inc. Tim Hancock introduced himself, Fred Hood and Anand Deonarine. Tim opened the meeting, discussing the requirement of the neighborhood information meeting and explained why property owners were notified. He indicated the purpose of the meeting, which was to explain the project to neighbors and to obtain input from interested parties and answer any questions they may have. Tim used an Aerial Exhibit to show the project's location and size. He discussed the property's future land use designation and zoning that the subject property is in. Tim informed attendee's that the property is governed by the Golden Gate Area Master Plar_ (GGAMP) where it has the future land use designation of Santa Barbara Commercial Subdistrict. He then gave details and history on the Santa Barbara Commercial Subdistrict. Tim also explained the Growth Management Plan and Land Development Code. A list of permitted uses, proposed within the 7- Foodmart PUD, was then handed out. 4365 Radio Road, Suite #201 • Naples. Florida 34104 - Phone: 239.434.6060 - Fax: 239.434.6084 www. d . Packet Page - 1808 - a . co m Davidson Engineering, Inc. 2/25/2014 177.E. Using a Site Plan Exhibit, Tim went over the proposed building layout and size. He discussed the proposed dumpster location and explained that the alley in the rear of the site would be used for all dumpster pick -up and service trucks. Tim pointed out the location of the on -site stormwater management areas using the Site Plan Exhibit. Tim then discussed land uses and indicated that a food store and butcher shop are being proposed. He also let attendee's know that a gas station was not an permitted use. Tim explained why a Planned Unit Development (PUD) was needed for the property. Tim went over the four (4) deviations being requesting within the PUD. 1. Asking that only the fagade facing Santa Barbara Blvd be treated as a primary fagade, meaning it has to have all the windows and entry statements that are required, but the sides of the building do not. 2. Deviation #2 would allow for a 6 -foot hedge along the rear alleyway instead of going through the expense of a wall which would be redundant located right behind the building. 3. Deviation #3 asks to reduce the width of the buffer along Santa Barbara from 15 feet to 10 feet due to the shallow nature of these lots. The plantings will remain the same, but the width will be a little less. 4. Deviation 4 would allow for a 5' planted buffer around the west side of the dumpster enclosure since it fronts on the alley where the rear 15' buffer normally would be. Tim then discussed site lighting being more restrictive in the PUD, a 2 -story (35') maximum building height, and a somewhat residential appearance from Santa Barbara Blvd. He then closed the meeting and asked for any additional questions. Question #1: What is the logic on the deviation of the appearance of the building? Why can't they comply with all of the regular rules? Response: There are sides of the building that don 't face the roadway. The side that faces the roadway will have a primary facade. The other sides will have what's called a secondary fagade, which still have architectural elements just not as many as what will be on the primary facade. We can look into see if we are missing anything and take care of it if we do. Question #2: Will you be putting in a turn lane northbound on Santa Barbara Response: The County has requirements and the size and use determine that. A 10, 000 sq ft food store probably won't trigger the need for one. As properties develop on these small lots in the area, there will be a problem. A typical turn lane is 185' and there is no ability to do that. This is one of the reasons we are taking truck traffic in the rear. Packet Page -1809- 2/25/2014 17.E. Question #3: Can customers access store from the rear? Response: Yes and customers will also be walking to the store on foot. Question #4: I understand the road will be six -lanes in the future. Did you take this into consideration? Response: Yes, but there is no time table on that happening even within the next five years. The plans have been put on the shelf and there is no funding. The site will also construct a sidewalk and then will be able to connect to adjacent sites in the future (uses exhibit to show sidewalk location). Question #5: A typical 7 -11 type of store is only 5 -7,000 sq ft. Is anything else proposed? Will levels 1 and 2 of the 2 -store building both be 10,000 sq ft? Response: This will be a neighborhood food store with a proposed deli and butcher shop. There may be an office. A list of permitted uses are within the PUD. The building is limited to 10, 000 sq ft gross floor area. Question #6: Will it affect property taxes? Response: It should not have any effect on property taxes. This site has been designated for commercial uses since 1999. A market study was done on a 17 acre commercial site and there were no significant impacts on taxes. Please contact the Property Appraisers website to get more information because this is just an opinion. Question #7: Will gas be involved. Response: No. Gas stations are a prohibited use. The meeting was adjourned at approximately 6:00 pm. End of memo. Packet Page -1810- 2/25/2014 17.B. NAPLES DAILY NEWS K Wednesday, February 5, 2014 (( 97D Nticc nIC IARSTINA M under r, NOTICE OF PUBLIC HEARING Notice is hereby given that on TUESDAY, February 25, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trait, Naples, Florida, the Board of County Commissioners will consider the enactment of .a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLDER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL MULTI - FAMILY -12 DISTRICT (RMF -12) WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN THE SANTA BARBARA COMMERCIAL OVERLAY DISTRICT TO ALLOW UP TO 10,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS THE 7- FOODMART CPUD ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA' BOULEVARD, NORTH OF GOLDEN GATE PARKWAY IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA;. AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ- PL20130001352) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes or, any item. The selection of ar: individual to speak on behalf of an organization or group k encouragec. h recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of g the Proceedings is made, which record includes the testimom anc evidence upon which the appeal is based. If you are P person with a disability who needs any accommodation it,. order tc participate in this proceeding, you are entitiee, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Manademen'. Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8360. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK ?By_ Martha Vergara, Deputy-Clerk (SEAL) February 5. 2014 No. 2014839 Packet Page -1811-