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Agenda 06/10/2014 Item # 9A 6/10/2014 9.A. • EXECUTIVE SUMMARY Recommendation to review and consider approving (adopting) a portion of the 2013 Cycle 1 of Growth Management Plan Amendments — Buckley and Naples Reserve projects. (Adoption Hearing) (Companion to PUD amendment petition PUDZ-A-PL20120002906, Buckley Mixed Use Planned Unit Development(MPUD)) OBJECTIVE: For the Board of County Commissioners (BCC) to review a portion of the 2013 cycle of amendments to the Collier County Growth Management Plan (GMP) and consider approving (adopting) said amendments for their transmittal to the Florida Department of Economic Opportunity(Buckley and Naples Reserve petitions). CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • Resolution 12-234,provides for a public petition process to amend the Collier County GMP. • For this Adoption hearing, two of the three petitions in the 2013 cycle 1 of GMP amendments are being considered, those being petition PL20120002909/CP-2013-3, Buckley, and PL20130000139/CP-2013-1,Naples Reserve. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174,F.S.,held its Transmittal hearing for the two subject petitions,being a portion of the 2013 cycle 1 of GMP amendments, on September 19, 2013. The BCC held n its transmittal hearing on November 12, 2013. The respective transmittal hearings recommendations/actions are contained in the CCPC adoption hearing Staff Report (which also addresses the other petition in the 2013 cycle 1 of GMP amendments). • The CCPC held its adoption hearing on May 1, 2014 (both petitions) and also heard petition CP-2013-3 on May 15, 2014. The staff and CCPC adoption hearing recommendations are presented further below. • The Comments Letter from the Florida Department of Economic Opportunity (DEO), dated December 18, 2013, indicated "no comment" within the Agency's authorized scope of review. Similarly, Comments Letters from the Florida Department of Transportation,Florida Department of Environmental Protection and South Florida Water Management District all indicated either"no comments"or"no concerns"within those Agencies' authorized scope of review. The Florida Department of Agriculture and Consumer Services commented that a community wildfire protection plan should be created for the project, and that project residents should be made aware of possible smoke from periodic prescribed fire at Picayune Strand State Forest. The remaining review agencies did not provide a Comments Letter. All review agency Comments Letters received are contained in the back-up materials. • This adoption hearing considers amendments to the Future Land Use Element(FLUE). Note:Because the support materials are voluminous,and some exhibits may be oversized,the Agenda Central system does not contain all of the related documents pertaining to these GMP amendment petitions. The entire Executive Summary package, including all support materials,is included in the binder that is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive,Naples,as well as in the Clerk of Courts/Minutes and Records 1 Packet Page-11- 6/10/2014 9.A. office at 3299 Tamiami Trail East, Suite 401. Or,to view back-up materials, see http://www.colliergov.net/ftp/AgendaJune 10/GrowthMgmt/7%29 PL20120002909 CP-2013- 3 Buckley Petition.pdf LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for adoption and transmittal to DEO.--HFAC FISCAL IMPACT: There will be no fiscal impacts to Collier County as a result of approving either or both petitions. GROWTH MANAGEMENT IMPACT: This is an adoption public hearing for two of the three petitions in the 2013 cycle 1 of amendments to the Collier County Growth Management Plan. Based upon statutory changes that occurred during the 2011 Florida Legislative session, these GMP amendments are presumed to be "in compliance" with applicable Florida Statutes. After adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the adoption package is complete) to review the adopted Plan amendment(s) and, should they believe the amendment(s) is not "in compliance," file a challenge [appeal] to the presumed "in compliance" determination with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of BCC adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party,then the amendment(s)will become effective. ENVIRONMENTAL ISSUES: The site of petition CP-2013-3 was previously cleared and used for agricultural purposes. The site of petition CP-2013-1 was previously partially cleared and used for agricultural purposes; native vegetation occurs primarily in the preserves identified on the PUD Master Plan, and these preserves are encumbered by an existing conservation easement, in favor of the South Florida Water Management District. HISTORICAL/ARCHAEOLOGICAL IMPACT: Neither petition site is identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability. Communications from the Florida Department of State, Division of Historical Resources, indicates no significant archaeological or historical sites recorded for or likely to be present within either petition site. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: The Staff recommendation follows each individual petition listed below. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission held its required Adoption public hearing on May 1, 2014 (CP-2013-1) and both May 1 and 15, 2014 (CP-2013-3). The CCPC recommendation follows each individual petition listed below. 1. Petition PL20130000139/CP-2013-1 is a petition submitted by iStar Development Company, SFI Naples Reserve, LLC, and Wilton Land Company, LLC, requesting amendments to the Urban Residential Fringe Subdistrict and the Density Rating System in the Future Land Use Element (FLUE) to allow the use of Transfer of Development Rights (TDR) Credits from 2 Packet Page-12- 6/10/2014 9.A. any Rural Fringe Mixed Use District (RFMUD) Sending Lands to be used in the Naples Reserve PUD. A portion of the Naples Reserve PUD is designated Urban Residential Fringe Subdistrict and a portion is designated RFMUD Receiving Lands. The FLUE presently limits the use of TDR Credits in the Urban Residential Fringe Subdistrict to those derived from RFMUD Sending Lands located within one (1) mile of the Urban Residential Fringe Subdistrict boundary. The Naples Reserve PUD is located approximately 11/2 miles east of Collier Boulevard (CR 951), and approximately '/2 mile north of US 41 East, north of the Reflection Lakes development (Walnut Lakes PUD), in Section 1, Township 51 South, Range 26 East. The purpose of the re-designation is to remove the limitation on where TDR Credits may be derived so as to allow the Naples Reserve PUD to obtain TDR Credits from distant RFMUD Sending Lands. [Coordinator: Corby Schmidt, AICP, Principal Planner] During the creation of the RFMUD GMP amendments, it was asserted by some that the [then proposed] Sending Lands located closest to the Urban Residential Fringe were of higher value, therefore should receive a higher compensation, perhaps a greater number of TDR Credits per five acres than other Sending Lands. The RFMUD GMP amendments were adopted without a different compensation ratio but the amendments did restrict the usage of TDR Credits in the Urban Residential Fringe to only those derived from Sending Lands located within one mile. Stated differently, TDR Credits derived from Sending Lands located greater than one mile from the Urban Residential Fringe cannot be used in the Urban Residential Fringe. The proposed amendment would remove that restriction but only for the Naples Reserve PUD. Staff analysis of this petition is included in the CCPC Transmittal Staff Report. Staff Recommendation: That the CCPC forward petition CP-2013-1 to the BCC with a recommendation to adopt. (In the CCPC Adoption staff report, staff erroneously recommended approval with a stipulation; at the CCPC Adoption hearing, staff changed its recommendation back to that at Transmittal hearing—approval without stipulation.) CCPC Recommendation: That the BCC adopt petition CP-2013-1 (vote: 4/3). Some CCPC members expressed the opinion that some portion of the TDR Credits for the Urban Residential Fringe portion of the project should [continue to] be required to be derived from within one mile of the Urban boundary. There was one public speaker, stating some portion of the TDR credits should [continue to] be required to be derived from within one mile of the Urban boundary. Staff Recommendation to BCC: Same as to CCPC—to adopt. 2. Petition PL20120002909/CP-2013-3 is a petition submitted by McGuire Development Company requesting amendments to the Buckley Mixed Use Subdistrict in the Future Land Use Element (FLUE) to: a) modify the intent section so as to no longer require small scale, mixed use development; b) eliminate the requirement to develop a mixed use project, i.e. no longer require development of residential uses; c) eliminate the cap on retail uses square feet/acre; d) eliminate the cap on office uses square feet/acre; e) eliminate the maximum 3 Packet Page-13- 6/10/2014 9.A. building footprint (of 15,000 square feet); f) eliminate the requirement to develop a specified portion of total square feet in multi-story buildings; g) eliminate the restriction on drive- through establishments to banks only, and add allowance for four establishments with drive- through facilities; h) eliminate the internal access requirement; i) eliminate the requirement for all sides of buildings to have a common architectural theme; j) eliminate the specified buffer requirement along Airport Road; k) eliminate the specified landscape buffer requirement along all other property lines; 1) eliminate the screening requirement for parking areas; m) add allowance for maximum of 50% of the total square feet to be within multi- tenant buildings (strip shopping centers/plazas); and, n) add correlating reduction of commercial square feet to number of residential units and vice versa. [Coordinator: Michele Mosca,AICP,Principal Planner] The results of these proposed amendments are: the site could now be developed as all residential or all commercial; if developed all commercial, it could now be all retail or all office (162,750 s.£ - the same total square feet as presently allowed but the current subdistrict text limits the amount of each type of commercial development) but there are differences in use intensity and impacts of office development vs. retail development; commercial uses could now include "big box" stores - up to 100,000 sq. ft. - and the balance (62,750 s.f.) developed as single tenant/use building; within the cap of 162,750 s.f of commercial development, a strip shopping center/plaza could be built at a maximum 81,375 s.f. based on the 50% cap, with the remaining 81,375 s.f. built in one or more single tenant buildings [note: the CCPC recommended deletion of this 50% cap — see CCPC Recommendation below]; building profiles could now be uniform (all the same story/height) rather than varying; other uses with drive-through facilities besides banks would now be allowed, and up to four of them; architectural standards and landscape buffer requirements would now be as per the Land Development Code rather than more stringent. In short, • development would be allowed similar to Activity Centers except uses limited to C-1 —C-3. There is a.difference in perspective between the petitioner and staff. The petitioner has demonstrated there is a limited supply of available vacant lands that would accommodate C-1 through C-3 uses within the site's market area but has not demonstrated a demand for such vacant lands. Staff has consistently requested the demand analysis be provided for such GMP amendments, which typically consists of population data, disposable income, etc. in order to determine supportable commercial acreage within the identified market area. Staff views the demand for additional commercial from an inventory perspective (and recognizes that variables for the commercial lands inventory include location, size, depth, zoning intensity, etc.) — is there a need/demand for more commercial in the subject area? If there isn't, then adding more commercial may negatively impact lands already designated and/or zoned for commercial. Staff does not view the demand, or lack thereof, for additional commercial as an indicator of success or failure for the subject site; that is determined by the market. In considering the appropriateness of location, staff notes this site is at a mid-block location proposing uses — including big box up to 100,000 square feet - which the GMP generally directs to Activity Centers which are located at major intersections. Additional staff analysis of this petition is included in the CCPC Transmittal Staff Report. 4 Packet Page-14- 6/10/2014 9.A. Staff Recommendation: That the CCPC forward petition CP-2013-3 to the BCC with a recommendation not to adopt. (In the CCPC Transmittal staff report, staff offered two sets of alternative subdistrict text.) CCPC Recommendation: That the BCC adopt petition CP-2013-3 (vote: 5/1), subject to the following changes to the text as approved for Transmittal to DEO: 1) delete new paragraph f. so as to no longer limit the amount of commercial development that can occur within multi-tenant buildings, e.g. shopping centers, to 50% — would allow up to the entire 162,750 s.f. to be developed as one or more shopping centers as opposed to a maximum of 81,375 s.f. in shopping centers and 81,375 s.f. in one or more single tenant/use buildings; 2) revise new paragraph g. to only allow residential uses in freestanding buildings - no longer allow mixed use (commercial and residential uses) in the same building; 3) revise new paragraph h. to make a wordsmithing change (replace "for" with "from"); 4) revise new paragraph m. to clarify only convenience stores with fuel pumps are prohibited — convenience stores without fuel pumps would be allowed; and, 5) delete new paragraph p. so as to no longer prohibit a vehicular interconnection to the south—an interconnection would not be prohibited, nor required,in this subdistrict text. Below are the actual text changes as recommended by the CCPC. (Words underlined are added,words struck are deleted—as Transmitted to DEO Words a �. :c&'_t "'t0r are added,words - ° ' �� ,. :; , s';,; are deleted—as recommended by CCPC) 12. Buckley Mixed Use Subdistrict The intent of this Subdistrict .... The development of this Subdistrict will be governed by the following criteria: 25% of the total built s.uare footagc will be devoted to ..inglc story b� il�d�in ey xi' 'r ''147 t _ w v' kg -2 2-2 --- •- - -:: . Residential uses �- ��` = ���g be inte•rated wl�- 'th _ � . commercial uses ,E � � - �= t- •__� t'����•. ""�- _ .� ..4-_ _. _ _._ _ _ _���, For each acre of land utilized for residential purposes, 7,500 square feet of commercial buildable square footage will be eliminated & i'�` the total square footage allowable. For each acre of commercial square footage built, 11 residential units will be eliminated from the maximum allowable number of residential units. gm.hls gGasoline service stations and convenience stores ��<< ��r� `. are prohibited. loin be permitted There were no public speakers. Staff Recommendation to BCC: Same as to CCPC —not to adopt (but would support adopting either of two staff alternatives contained in the CCPC Transmittal staff report on pages 16-17). 5 Packet Page-15- 6/10/2014 9.A. STAFF RECOMMENDATION: For this portion of the 2013 cycle 1 of GMP amendments, staff recommends adoption of petition CP-2013-1,Naples Reserve, and transmittal to DEO; and, not to adopt CP-2013-3, Buckley (but would support adopting either of two staff alternatives contained in the CCPC Transmittal staff report on pages 16-17). CCPC RECOMMENDATION: The Collier County Planning Commission recommends adoption of this portion of the 2013 cycle 1 of GMP amendments, and transmittal to DEO, with no changes to CP-2013-1 (vote: 4/3), and subject to the changes to CP-2013-3 as shown above (vote: 5/1). Prepared by: David Weeks, AICP, GMP Manager, Comprehensive Planning Section,Planning &Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CCPC Adoption Staff Report 2013 Cycle 1; 2) CP-2013-1 Ordinance with Exhibit "A" text; 3) CP-2013-3 Ordinance with Exhibit "A" Text; 4) Executive Summary Transmittal 2013 Cycle 1; 5) CCPC Transmittal Staff Report CP-2013-1; 6) CCPC Transmittal Staff Report CP-2013-3; 7)2013 Cycle 1 Transmittal Staff Correspondence Executive Summary.Adoption 2013 cycle]Buckley&Naples Reserve G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles&Small Scale Petitions\2013 Cycle 1-February\2013.1 BCC Adoption dw/5-15&20&28.14 • 6 Packet Page-16- 6/10/2014 9.A. COLLIER COUNTY Board of County Commissioners Item Number: 9.9.A. Item Summary: Recommendation to review and consider approving (adopting) a portion of the 2013 Cycle 1 of Growth Management Plan Amendments- Buckley and Naples Reserve projects. (Adoption Hearing) (Companion to PUD amendment petition PUDZ-A- PL20120002906, Buckley Mixed Use Planned Unit Development(MPUD)). Meeting Date: 6/10/2014 Prepared By Name: WeeksDavid Title: Manager-Planning,Comprehensive Planning 5/15/2014 6:27:52 PM Submitted by Title: Manager-Planning, Comprehensive Planning Name: WeeksDavid 5/15/2014 6:27:53 PM Approved By Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 5/19/2014 3:07:01 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 5/19/2014 3:22:21 PM Name: AshtonHeidi Title: Managing Assistant County Attorney,CAO Land Use/Transportation Date: 5/21/2014 1:53:36 PM Name: MarcellaJeanne Title:Executive Secretary,Transportation Planning ^ Date: 5/28/2014 7:59:34 AM Packet Page-17- 6/10/2014 9.A. Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 5/28/2014 2:06:43 PM Name:KlatzkowJeff Title: County Attorney, Date: 5/28/2014 3:47:23 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/29/2014 4:05:08 PM n Packet Page-18- 6/10/2014 9.A. Agenda Items 9.A, B, D .0001COlit-irm a •sedjrget-kitY STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: MAY 1, 2014 SUBJECT: 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP AND MAP SERIES NOTE: The CCPC will act as the EAC, Environmental Advisory Council, for petition CP-2013-4 only. Transmittal hearings on these amendments were held on August 7, 2013 (EAC, Environmental Advisory Council) for petition SCP-2013-4 only; September 19, 2013 (CCPC, Collier County Planning Commission) and November 12, 2013 (BCC). The respective Transmittal recommendations/actions are presented further below, following each petition number and title. Within the CCPC binder you will find the Transmittal Executive Summary from the November 12, 2013 BCC hearing and certain attachments referenced therein, the Transmittal CCPC staff report for each petition, and the Transmittal EAC staff report (for petition CP-2013-4 only), all of which provide staff's detailed analysis of each petition. REVIEW AGENCY COMMENT LETTERS After review of the Transmitted GMP amendments, the Florida Department of Economic Opportunity (DEO) rendered its Comment Letter indicating "no comment" within the Agency's authorized scope of review, as did the Florida Department of Environmental Protection, Florida Department of Transportation, and South Florida Water Management District. The Florida Department of Agriculture and Consumer Services (DACS) rendered comments within their authorized scope of review, indicating a Community Wildfire Protection Plan should be developed for the property involved in petition CP-2013-4. The remaining reviewing agencies did not provide a Comment Letter. The Comments Letters received are located within the CCPC binder. In response to the DACS Comment, staff notes the Rural Fringe Mixed Use District Receiving Lands provision in the FLUE contains a requirement for an applicant to work with the Florida Forestry Service to prepare a Wildfire Prevention and Mitigation Plan which is then submitted to the County with the proposed development order (rezone petition, site development plan, plat). The subject petition, CP-2013-4, has a companion PUD rezone petition for which the required Wildfire Prevention and Mitigation Plan was submitted. Within the CCPC binder is an Ordinance with Exhibit "A" text and/or map for each petition; those exhibits reflect the text and/or map as approved by BCC for transmittal. - 1 - STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOP77ONHEARING) Packet Page-19- 6/10/2014 9.A. Agenda Items 9.A, B, D PROPOSED AMENDMENTS A. PETITION CP-2013-1/PL-20130000139, Petition requesting amendments to the Future Land Use Element (FLUE), to: Allow the Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development to utilize Transfer of Development Rights from any lands designated as Sending Lands within the Rural Fringe Mixed Use District. The subject property, consisting of 668 acres, is located approximately 1-1/2 miles east of Collier Boulevard and one mile north of US 41 in Section 1, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Corby Schmidt, AICP, Principal Planner] This petition seeks to amend the Future Land Use Element (FLUE) text of the Growth Management Plan to introduce specific exceptions from Transfer of Development Rights (TDR) program limitations, affecting the transfer of TDR credits among properties in the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe (URF) Subdistrict. Note: A companion PUD rezone petition is scheduled for this same hearing. TRANSM ITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0). BCC ACTION: Transmitted to DEO (vote: 3/1), per CCPC recommendation. The BCC also directed the applicant to speak with Maureen Bonness about an arrangement to obtain a percentage of TDRs from within one mile of the Urban designated area (Ms. Bonness spoke at the hearing, and owns property in the Sending Lands within one mile of the Urban boundary). This direction was given with the purpose to make such an arrangement, not as part of GMP provisions, but by mutual agreement. ADOPTION STAFF RECOMMENDATION: Adopt with revisions, as depicted below. (The results of the Board- directed negotiations have not been reported to Comprehensive Planning personnel. In their absence, staff recommends including requirements for TDR acquisition by location as part of GMP provisions.) [Words underlined are added-as proposed by the applicant and approved for Transmittal; Words double underlined are added,and words double std are deleted-as recommended by staff] [Page 29] 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either "a" or "b" below: a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 -2 - STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOP7ION HEARING) Packet Page-20- 6/10/2014 9.A. Agenda Items 9.A, B, D dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East, shall not be subiect to the one mile limitation set forth above •ut ha utilize o - s -n Ifi,_D- - (30%) of TDRs from Rural Fringe Mixed Use District Sending Lands within one mile of the Urban boundas,r to achieve up to the maximum allowable density; or, **** **** **** **** **** **** **** **** **** **** **** **** B. DENSITY RATING SYSTEM: [Page 49] This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It is not applicable to the Urban areas encompassed by the Immokalee Area Master Plan, and the Golden Gate Area Master Plan; these two Elements have their own density provisions. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). **** **** **** **** **** **** **** **** **** **** **** **** 2. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. **** **** **** **** **** **** **** **** **** **** **** **** f. Transfer of Development Rights Bonus To encourage preservation/conservation of natural resources, density transfers are permitted as follows: **** **** **** **** **** **** **** **** **** **** **** **** (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one unit per gross acre, except for properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may transfer TDRs from Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South. Range 26 East, shall not be subject to the one mile limitation set forth above aod-Reki but shall utilize no less than thirty percent (30%a) of TDRs from - 3 - STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING) Packet Page-21- 6/10/2014 9.A. Agenda Items 9.A, B, D Rural Fringe Mixed Use District -.•'∎• 1• .' 11.1 •,- • - • the Urban boundary to achieve up to the maximum allowable density increase. B. PETITION CP-2013-3/PL-20120002909, Petition requesting amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to: Revise the Buckley Mixed Use Subdistrict of the Urban Mixed Use District to remove the office and retail caps and allow up to 7,500 square feet of gross floor area of commercial uses per acre or 11 residential dwelling units per acre, to make residential development optional, to prohibit commercial and residential uses on the same parcel, to limit multi-tenant commercial buildings to no more than 50% of the commercial square footage, to revise development standards including the cap on the size of the footprint of commercial buildings. The subject property consisting of 21.70 acres is located on the west side of Airport Road, approximately 330 feet north of Orange Blossom Drive in Section 2, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator.. Michele Mosca, AICP, Principal Planner] This petition seeks to amend the Future Land Use Element (FLUE)text by amending the Urban Mixed Use District, specifically the existing Buckley Mixed Use Subdistrict to remove the office and retail square feet caps; allow up to 7,500 square feet of gross floor area of commercial uses per acre or 11 residential dwelling units per acre; to make residential development optional; to prohibit commercial and residential uses on the same parcel; to limit multi-tenant commercial buildings to no more than 50% of the commercial square footage in order to provide for stand-alone commercial development; and, to revise development standards, including the elimination of the cap on the size of commercial building footprints. Note:A companion PUD rezone petition is scheduled for this same hearing. TRANSMITTAL STAFF RECOMMENDATION: Not to transmit to DEO, as submitted. Staff proposed two alternatives and recommended approval of either. CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0) subject to stipulations. These stipulations encourage rezone to be in form of a PUD; require a common theme for architecture, signage, lighting and landscaping; limits residential density to 11 DU/acre; limit commercial uses to those allowed in C- 1 to C-3; limit commercial floor area to 162,750 square feet; limit individual commercial use floor area to 100,000 square feet; limit multi-tenant buildings to 50% of the commercial floor area; encourage multi-use buildings; provide for a balance of commercial and residential uses; allow just one fast-food restaurant with a drive through facility; prohibit gas stations and convenience stores; require Type C buffers on perimeter lot lines where residential uses are adjacent; among those already recommended by staff. Additionally, the CCPC's motion expressed desire for the owner to pay his fair share towards cost of a traffic signal at project entrance, should a signal be warranted in the future— and acknowledged such a condition would be appropriate at time of rezoning. BCC ACTION: Transmitted to DEO (vote: 4/0), per CCPC recommendation. POST-TRANSMITTAL: For adoption, the petitioner requests changes to new paragraph g., as shown below. The petitioner explains: "The GMPA language for the Buckley project consisted of language under item (g) that was a hold-over from the previously approved language but is inconsistent with the stated intent of the amendment. Where item (g) as written encourages residential and commercial uses in mixed use buildings, it has been the position of the applicant that residential and commercial uses shall NOT be in the same building. In order to be consistent with what has been presented to neighbors to date, I ask that the language be modified as shown." -4- STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING Packet Page-22- 6/10/2014 9.A. Agenda Items 9.A, B, D Text as approved for transmittal by BCC, and modified by the petitioner using double underline/double 64 format: kg - _ - - - --- - ' -- - -- _ - - - - - - . Residential uses _: .=_ • . • be integrated • - --' = - -_ - _• -•- _ - - - - - - - - -- - - with commercial uses in the same building. Clean text provided for ease in reading: g. Residential uses shall not be integrated with commercial uses in the same building ADOPTION STAFF RECOMMENDATION: Not to Adopt. C. PETITION CPSP-2013-4/PL-20130000365, Petition requesting amendment to the Future Land Use Map and Map Series (FLUE), to: Change the designation of the Olde Florida Golf Club property from Rural Fringe Mixed Use District (RFMUD) Neutral Lands to Rural Fringe Mixed Use District (RFMUD) Receiving Lands. The subject property, consisting of 554± acres, is located on the north side of Vanderbilt Beach Road Extension, two miles east of Collier Boulevard in Section 31, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Corby Schmidt, AICP, Principal Planner] This petition seeks to amend the Future Land Use Map (FLUM) of the Growth Management Plan to ^ re-designate the subject site from Agricultural/Rural, Rural Fringe Mixed-Use District (RFMUD) Neutral Lands to RFMUD Receiving Lands. This re-designation would allow for an increase in residential density from 1 dwelling unit/5 acres to 1 dwelling unit/acre for non-Rural Village development, through participation in the TDR program; allow for development of a Rural Village (density of 2-3 dwelling units/acre; commercial, civic and recreational uses; greenbelt on the project perimeter), also through participation in the TDR program; and, decrease the native vegetation retention requirement from 60% to 40% of the native vegetation present on site. Note: A companion PUD rezone petition is scheduled for this same hearing. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. EAC RECOMMENDATION: Transmit to DEO (vote: 5/0). CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0). BCC ACTION: Transmitted to DEO (vote: 3/1), per CCPC recommendation. ADOPTION STAFF RECOMMENDATION: Adopt as transmitted. LEGAL CONSIDERATIONS: ^ This staff report has been approved as to form and legality by the Office of the County Attorney. -5 - STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPIIONHEARING) Packet Page-23- 6/10/2014 9.A. Agenda Items 9.A, B, D STAFF RECOMMENDATION OVERALL: That the CCPC forward one petition to the BCC with a recommendation not to adopt(CP-2013- 3); forward one petition with a recommendation to adopt as transmitted (CP-2013-4), and one petition with a recommendation to adopt as revised in this Report CP-2013-1), and to transmit both of those petitions to the Florida Department of Economic Opportunity and to reviewing agencies who provided comments. PREPARED BY: 201 rJ f 5. ffi V DATE: 10 t l CORBY SCHMIDT, AICP, PRINCIPAL C AL PLANN ER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: a r"f DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: DATE: 41' _j MIKE BOSI, AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPROVED BY: € N I den . xt;, DATE: r\ NICK CASALANGUIDA,ADIINISTRATOR-- GROWTH MANAGEMENT DIVISION 2013 Cycle 1 GMPAs - Adoption (petitions CP-2013-1/PL-2013-0000139; CPSP-2013-3/PL-2012- 0002909; CPSP-2013-4/PL-2013-0000365). Staff Report for the May 1, 2014, CCPC Meeting. NOTE: This cycle of petitions has been scheduled for the June 10, 2014, BCC Meeting. G:\CDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments12013 Cycles & Small Scale Petitions12013 Cycle 1 - February12013.1 CCPC Adoption12013.1 Cycle GMPAs_Adoption all CCPC staff rprt_final.docx • •N - 6- STAFF REPORT ON 2013 CYCLE ONE GROWTH MANAGEMENT PLAN AMENDMENTS (ADOPTION HEARING Packet Page-24- 6/10/2014 9.A. ORDINANCE NO. 14- AN ORDINANCE AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO ALLOW THE URBAN RESIDENTIAL FRINGE PORTION OF THE NAPLES RESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT TO UTILIZE TRANSFER OF DEVELOPMENT RIGHTS FROM ANY LANDS DESIGNATED AS SENDING LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT, AND PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1-1/2 MILES EAST OF COLLIER BOULEVARD AND ONE MILE NORTH OF US 41 IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 668 ACRES. [PL20130000139/CP-2013-1 WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioners, Star Development Company and Wilton Land Company LLC, have initiated this amendment to the Future Land Use Element; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 20, 2013, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and 1 Words underlined are additions;Words Statek-thr-ough S-through are deletions *** *** *** ***are a break in text PL20130000139/CP-2013-1 Rev.5/13/14 Packet Page-25- 6/10/2014 9.A. WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS,Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on May 1, 2014, and the Collier County Board of County Commissioners held on June 10, 2014; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendment to the Future Land Use Element attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DA'Z'E. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders,development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. 2 Words underlined are additions;Words struck thfeugb are deletions *** *** *** ***are a break in text PL20130000139/CP-2013-1 Rev.5113/14 Packet Page-26- 6/10/2014 9.A. PASSED AND DULY ADOP'1 ED by the Board of County Commissioners of Collier County,Florida this day of 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A 13-CMP-00903,29 3 Words underlined are additions; Words struck h are deletions ** *** ******are a break in text PL20130000139/CP-2013-1 Rev.5/13/14 Packet Page-27- 6/10/2014 9.A. PL20130000139 CP-2013-1 EXHIBIT "A" FUTURE LAND USE ELEMENT [Page 29] 2. Urban Residential Fringe Subdistrict: The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either"a" or"b" below: a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable development right) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands, except in the case of properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may achieve an additional maximum density of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District Sending Lands. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density; or, [Page 49] B. DENSITY RATING SYSTEM: This Density Rating System is only applicable to areas designated on the Future Land Use Map as: Urban, Urban Mixed Use District; and, on a very limited basis, Agricultural/Rural. It is not applicable to the Urban areas encompassed by the lmmokalee Area Master Plan, and the Golden Gate Area Master Plan; these two Elements have their own density provisions. The Density Rating System is applicable to that portion of the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus provisions for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. The final determination of permitted density via implementation of this Density Rating System is made by the Board of County Commissioners through an advertised public hearing process (rezone or Stewardship Receiving Area designation). 1 Words underlined are added;words stFUslt#rough are deleted. Row of asterisks i"""• Totes break in text. Packet Page-28- 6/10/2014 9.A. PL20130000139 CP-2013-1 2. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. f. Transfer of Development Rights Bonus To encourage preservation/conservation of natural resources, density transfers are permitted as follows: (a) From Urban designated areas into that portion of the Urban designated area subject to this Density Rating System, in accordance with the Transfer of Development Rights (TDR) provision contained in Section 2.03.07 of the Land Development Code, adopted by Ordinance No. #04-41, as amended, on June 22, 2004 and effective October 18, 2004. For projects utilizing this TDR process, density may be increased above and beyond the density otherwise allowed by the Density Rating System. (b) From Sending Lands in conjunction with qualified infill development. (c) From Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of one unit per gross acre, except for properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2 of the Density Rating System, which may transfer TDRs from Sending Lands located within one mile of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density increase of 1.3 units per gross acre. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit Development located in Section 1, Township 51 South, Range 26 East,shall not be subject to the one mile limitation set forth above and may utilize TDRs from any lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density increase. In no case shall density be transferred into the Coastal High Hazard Area from outside the Coastal High Hazard Area. 2 Words underlined are added; words struck ough are deleted. Row of asterisks ; cotes break in text. Packet Page-29- 6/10/2014 9.A. ORDINANCE NO. 14- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE THE BUCKLEY MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO REMOVE THE OFFICE AND RETAIL CAPS AND ALLOW UP TO 7,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES PER ACRE OR 11 RESIDENTIAL DWELLING UNITS PER ACRE, TO MAKE RESIDENTIAL DEVELOPMENT OPTIONAL,TO PROHIBIT COMMERCIAL AND RESIDENTIAL USES ON THE SAME PARCEL,TO LIMIT MULTI- TENANT COMMERCIAL BUILDINGS TO NO MORE THAN 50% OF THE COMMERCIAL SQUARE FOOTAGE, TO REVISE DEVELOPMENT STANDARDS INCLUDING THE CAP ON THE SIZE OF THE FOOTPRINT OF COMMERCIAL BUILDINGS, AND PROVIDING FOR TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD AND APPROXIMATELY 330 FEET NORTH OF ORANGE BLOSSOM DRIVE IN SECTION 2,TOWNSHIP 49 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.70 ACRES. [PL20120002909/CP-2013-3] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Petitioner, McGuire Development Company has initiated this amendment to the Future Land Use element; and t Words underlined are additions;Words surueli-difett41 are deletions *** *** ******are a break in text PL20120002909/GP-2013-3 Rev. 5/15/14 Packet Page-30- 6/10/2014 9.A. WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 20, 2013, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on May 1, 2014 and May 15,2014, and the Collier County Board of County Commissioners held on June 10, 2014; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DAVE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order 2 Words underlined are additions;Words struck gh are deletions *** *** *** ***are a break in text PL20120002909/CP-20I3-3 Rev.5/15/14 Packet Page-31- 6/10/2014 9.A. determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A 13-CMP-00901\27 3 Words underlined are additions;Words struek- ough are deletions *** *** *** ***are a break in text PL20 I 20002909/CP-2013-3 Rev.5/15/14 Packet Page-32- 6/10/2014 9.A. Exhibit A CP-2013-3 I. URBAN DESIGNATION [Page 40] A. Urban Mixed Use District 12. Buckley Mixed Use Subdistrict The intent of this Subdistrict, which comprises 21.7 acres, is to allow for limited small-scale retail, office and residential uses while =- -. .'2 -- - allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this Subdistrict is intended to promote small scale convenience and intermediate commercial development mixed use development with to serve existing and future residential development in the immediate area. This Subdistrict - ------ _ _ - - ''e - _ _ _ - -. _ - - - - --- - - e' - - will serve to reduce existing trip lengths for small scale convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. --- "` 2- • - - --- ---- --. The Subdistrict shall be developed with a common theme for architecture, signage, lighting and landscaping. c. Retail Commercial uses will be capped at a maximum of 37249 162.750 square feet of gross floor area e" -_ _ _ - _ _ _ .'e - - -; - - ' ' - - Residential uses are allowed at a density of 11 dwelling units per acre, calculated based upon the entire Subdistrict acreage, yielding a maximum of 239 dwelling units. fe. Maximum lot coverage for buildings is capped at 35% for the total project. g. - - °• - - -- - --- . - - - - - l + g • - _ -- = :- = = - - - - - - -- -e- e - -- - e - - - - - _ - - - - • - --- - f. - ._-- - - - - -- - ' - - - - . Residential uses shall not be integrated with commercial uses in the same building.• -- - - - -° = For each acre of land utilized for residential 1 [Single underline text is added;single strike gh text is deleted—approved by CCPC 5/15/141 Packet Page-33- 6/10/2014 9.A. purposes, 7,500 square feet of commercial buildable square footage will be eliminated from the total square footage allowable. For each acre of commercial square footage built, 11 residential units will be eliminated from the maximum allowable number of residential units. nah. Pedestrian connections are encouraged to all perimeter properties. Pl. - - - -- - - • - -_-- Individual commercial users shall be limited to a maximum gross floor area of 100,000 4 88D square feet. Common stairs, ej. No building shall exceed three stories in height with no allowance for under building parking. pk. Drive-through establishments will shall be limited to a maximum of four. Only one of these drive-through establishments shall be allowed for a fast-food restaurant, and no drive-through establishment shall have banks-with-no more than three drive- through lanes_;these All drive-through lanes must be architecturally integrated into the main building. el. We gGasoline service stations and convenience stores with fuel pumps are prohibited. wilt-be-permitted. cm.All buildings will shall be connected with pedestrian pathways features. Sn. -- - - -- -- - ' • - - '--• - - "et- . - Road. A twenty-foot wide Type C landscape buffer shall be required along all other perimeter property lines adjacent to residential use. adjacent to this Subdistrict. 2 [Single,underline text is added;single stfilie-thigh text is deleted—approved by CCPC 5/15/14] Packet Page-34- 6/10/2014 9.A. EXECUTIVE SUMMARY Recommendation to consider approving the 2013 Cycle 1 of Growth Management Plan Amendments for transmittal to the Florida Department of Economic Opportunity for review and Comments response. (Transmittal Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2013 cycle 1 of amendments to the Collier County Growth Management Plan (GMP) and consider approving said amendments for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. • The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for the 2013 cycle 1 petitions on September 19, 2013 (petitions CP-2013-1, CP-2013-3 and CP-2013-4). • This Transmittal hearing for the 2013 cycle 1 considers amendments to the Future Land Use Element and Future Land Use Map. Note: Because the support materials are voluminous, and some exhibits are oversized, the Agenda Central system does not contain all of the related documents pertaining to these GMP amendment petitions. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC specifically for the 2013 cycle 1 of GMP amendment petitions. The complete binder is available for review in the Comprehensive Planning Section office at 2800 North Horseshoe Drive, Naples, as well as in the Clerk of Courts/Minutes and Records office at 3299 Tamiami Trail East, Suite 401. Or, see http://www.colliergov.net/index.aspx?page=2460. Petition PL20130000139/CP-2013-1 is a petition submitted by iStar Development Company, SFI Naples Reserve, LLC, and Wilton Land Company, LLC, requesting amendments to the Urban Residential Fringe Subdistrict and the Density Rating System in the Future Land Use Element (FLUE) to allow the use of Transfer of Development Rights (TDR) Credits from any Rural Fringe Mixed Use District (RFMUD) Sending Lands to be used in the Naples Reserve PUD. A portion of the Naples Reserve PUD is designated Urban Residential Fringe Subdistrict and a portion is designated RFMUD Receiving Lands. The FLUE presently limits the use of TDR Credits in the Urban Residential Fringe Subdistrict to those derived from RFMUD Sending Lands located within one (1) mile of the Urban Residential Fringe Subdistrict boundary. The Naples Reserve PUD is located approximately 11/2 miles east of Collier Boulevard (CR 951), and approximately 1/2 mile north of US 41 East, north of the Reflection Lakes development (Walnut Lakes PUD), in Section 1, Township 51 South, Range 26 East. The purpose of the re-designation is to remove the limitation on where TDR Credits may be derived so as to allow the Naples Reserve PUD to obtain TDR Credits from distant RFMUD Sending Lands. During the creation of the RFMUD GMP amendments, it was asserted by some that the [then proposed] Sending Lands located closest to the Urban Residential Fringe were of higher value, 1 Packet Page-35- 6/10/2014 9.A. therefore should receive a higher compensation, perhaps a greater number of TDR Credits per five acres than other Sending Lands. The RFMUD GMP amendments were adopted without a different compensation ratio but the amendments did restrict the usage of TDR Credits in the Urban Residential Fringe to only those derived from Sending Lands located within one mile. Stated differently, TDR Credits derived from Sending Lands located greater than one mile from the Urban Residential Fringe cannot be used in the Urban Residential Fringe. The proposed amendment would remove that restriction but only for the Naples Reserve PUD. Staff analysis of this petition is included in the CCPC Staff Report. Petition PL20120002909/CP-2013-3 is a petition submitted by McGuire Development Company requesting amendments to the Buckley Mixed Use Subdistrict in the Future Land Use Element (FLUE) to: a) modify the intent section so as to no longer require small scale, mixed use development; b) eliminate the requirement to develop a mixed use project, i.e. no longer require development of residential uses; c) eliminate the cap on retail uses square feet/acre; d) eliminate the cap on office uses square feet/acre; e) eliminate the maximum building footprint (of 15,000 square feet); f) eliminate the requirement to develop a specified portion of total square feet in multi-story buildings; g) eliminate the restriction on drive-through establishments to banks only, and add allowance for four establishments with drive-through facilities; h) eliminate the internal access requirement; i) eliminate the requirement for all sides of buildings to have a common architectural theme; j) eliminate the specified buffer requirement along Airport Road; k) eliminate the specified landscape buffer requirement along all other property lines; 1) eliminate the screening requirement for parking areas; m) add allowance for maximum of 50% of the total square feet to be within multi-tenant buildings (shopping centers/plazas); and, n) add correlating reduction of commercial square feet to number of residential units and visa versa. The result of these proposed amendments is that the site could now be developed as all residential or all commercial; if developed all commercial, it could now be all retail or all office; commercial uses could now include "big box" stores (up to 100,000 sq. ft.) and shopping centers/plazas; building profiles could now be uniform (all the same story/height) rather than varying; other uses with drive-through facilities besides banks would now be allowed, and up to four of them; architectural standards and landscape buffer requirements would now be as per the Land Development Code rather than more stringent. In short, development would be allowed similar to Activity Centers except uses limited to C-1 —C-3. At the CCPC hearing, the petition agents asserted numerous errors in the CCPC staff report pertaining to available commercial inventory, and a petition consultant spoke about local market conditions. Upon staff and CCPC request, the agents agreed to provide the information and statements they provided to the CCPC in written form. The agents have submitted a petition supplement (Memorandum dated October 3, 2013) which reflects the substance of their comments at the CCPC meeting. It includes parameters for site selection and analysis. There is a difference in perspective between the petitioner and staff. The petitioner has demonstrated there is a limited supply of available vacant lands that would accommodate C-1 through C-3 uses within the site's market area but has not demonstrated a demand for such vacant lands. Staff has consistently requested the demand analysis be provided for such GMP amendments, which typically consists of population data, disposable income, etc. in order to 2 Packet Page-36- 6/10/2014 9.A. �-. determine supportable commercial acreage within the identified market area. Staff views the demand for additional commercial from an inventory perspective (and recognizes that variables for the commercial lands inventory include location, size, depth, zoning intensity, etc.) —is there a need/demand for more commercial in the subject area? If there isn't, then adding more commercial may negatively impact lands already designated and/or zoned for commercial. Staff does not view the demand, or lack thereof, for additional commercial as an indicator of success or failure for the subject site; that is determined by the market. In considering the appropriateness of location, staff notes this site is at a mid-block location proposing uses—including big box up to 100,000 square feet - which the GMP generally directs to Activity Centers which are located at major intersections. Additional staff analysis of this petition is included in the CCPC Staff Report. Petition PL20130000365/CP-2013-4 is a petition submitted by Olde Florida Golf Club, Inc. requesting an amendment to the Future Land Use Map to change the designation of the Olde Florida Golf Club property from Rural Fringe Mixed Use District Neutral Lands to Rural Fringe Mixed Use District Receiving Lands. The Olde Florida Golf Club comprises 553.7 acres and is located on the north side [at the easterly terminus] of Vanderbilt Beach Road, two miles east of Collier Boulevard(CR 951), in Section 31, Township 48 South, Range 27 East. With this re-designation, the property would be allowed all uses and densities, and be subject to all development standards, of the Receiving Lands designation, including use of TDR Credits to increase the maximum density from presently allowed 1 dwelling unit/5 acres to 1 dwelling �-. unit/acre. If this GMP amendment is adopted, then the property will need to be rezoned from the RFMUO Neutral Lands zoning overlay to the RFMUO Receiving Lands zoning overlay. Staff analysis of this petition is included in the CCPC Staff Report. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these three amendments. Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed for transmittal to DEO. --HFAC GROWTH MANAGEMENT IMPACT: Approval of these proposed amendments by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the Department's thirty-day (30) review process and ultimately return these amendments to the Planning Commission and the Board for final Adoption hearings to be held in 2014. ENVIRONMENTAL ISSUES: The site of petition CP-2013-4 contains State and County jurisdictional wetlands (previously deemed U.S. Army Corps of Engineers jurisdictional wetlands), and listed plant and/or animal species may occur on site. An existing conservation easement(s) encompasses some or all of these wetlands. -Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal environmental protection regulations, including applicable 3 Packet Page-37- 6/10/2014 9.A. portions of the Conservation and Coastal Management Element of the Growth Management Plan, and the Land Development Code. HISTORICAL/ARCHAEOLOGICAL IMPACT: Petition CP-2013-4 contains one identified archaeological site. As part of the process of obtaining subsequent development orders (e.g. site development plan), the site will be subject to all applicable local, state and federal protection regulations relevant to historical and archeological sites. STAFF RECOMMENDATION: That the CCPC forward petitions CP-2013-1 and CP-2013-4 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity, and that the CCPC forward petition CP-2013-3 to the Board with a recommendation not to approve, as submitted, for transmittal to the Florida Department of Economic Opportunity but to approve one of two alternatives provided in the CCPC Staff Report. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC forwarded petition CP-2013-1 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 6/0). There was one public speaker, opposed to this petition due to affect upon owners of Sending Lands within one mile of the Urban Residential Fringe Subdistrict. The CCPC forwarded petition CP-2013-3 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity(vote: 6/0), subject to changes to: (a) cap individual user size at 100,000 square feet; (b) limit to one fast food restaurant with drive through facility; (c) prohibit convenience store use; (d) reduce residential density to a maximum of 11 units/acre; and, (e) incorporate select text changes from staff's Alternative #1 text in the CCPC staff report. The CCPC's motion is reflected in the Resolution Exhibit A text for this petition. Additionally, the CCPC's motion expressed desire for the owner to pay his fair share towards cost of a traffic signal at project entrance, should a signal be warranted in the future — and acknowledged such a condition would be appropriate at time of rezoning. Note: A PUD amendment petition for the Buckley PUD is presently under review and is anticipated to be heard on the same schedule as the Adoption hearings for this GMP amendment petition. There were two public speakers,both in support. The CCPC forwarded petition CP-2013-4 to the Board with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity (vote: 6/0). There were two public speakers - one in support, and one expressing concerns about impact upon wildlife in the area. Prepared By: David Weeks, AICP, GMP Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CP-2013-1 CCPC Staff Report; 2) CP-2013-1 Resolution with Exhibit"A"text; 3) CP-2013-3 Memorandum(petition supplement) dated October 3, 2013; 4) CP-2013-3 CCPC Staff Report; 5) CP-2013-3 Resolution with Exhibit"A"text; 6) CP-2013-4 CCPC Staff Report; 7) CP-2013-4 Resolution with Exhibit"A"map Executive Summary Transmittal 2013 Cycle I GMPAs4-Final G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles&Small Scale Petitions\2013 Cycle 1—February dw/10-29-13 �� 4 Packet Page-38- 6/10/2014 9.A. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 19, 2013 RE: PETITION CP-2013-1 /PL-2013-0000139, Growth Management Plan Amendment (TRANSMITTAL HEARING) APPLICANTS/OWNERS/AGENTS: iStar Development Company Wilton Land Company, LLC Donald E. Mears, Jr., Vice President David Torres, President 3232 West Lake Mary Boulevard, Suite 1410 3921 Prospect Avenue, Lake Mary, Florida 32746 Naples, Florida 34104 SFI Naples Reserve, LLC c/o iStar Financial, Inc. 1114 Avenue of the Americas, 39th Floor • New York, New York 10036 Robert j. Muihere, FAICP. Richard D. Yovanovich, Esq. Hole Montes, Inc. Coleman, Yovanovich & Koester, P.A. 950 Encore Way 4001 Tamiami Trail North, Suite 300 Naples, Florida 34110 Naples, Florida 34103 GEOGRAPHIC LOCATION: The proposed amendments to the Future Land Use Element introduce text-based exceptions from certain Transfer of Development Rights limitations, but are not site specific. However, text amendments relate to two identifiable geographic areas of origin and destination: those Rural Fringe Mixed Use District (RFMUD) Sending Lands located beyond one (1) mile from the Urban Residential Fringe Subdistrict (URF), and; that portion of the URF located in Section 1, Township 51 South, Range 26 East - commonly known as the Naples Reserve Residential Planned Unit Development (PUD). This PUD is located approximately 1% miles east of Collier Boulevard (CR 951), and approximately V mile north of US 41 East, north of the Reflection Lakes development (Walnut Lakes PUD). REQUESTED ACTION: This petition seeks to amend the Future Land Use Element (FLUE) text of the Growth Management Plan to introduce specific exceptions from Transfer of Development Rights (TDR) program limitations, affecting the transfer of TDR credits among properties in the Rural Fringe Mixed Use District (RFMUD) and the Urban Residential Fringe (URF) Subdistrict. - 1 - CP-2013-1/PL20130000139 2013-1, iStar Development:allowing TDR transfers into Naples Reserve RPUD Packet Page-39- 6/10/2014 9.A. Presently, properties located within the URF may only receive TDR credits from the RFMUD Sending Lands located within 1 mile of the URF boundary. Stated differently, TDR credits may be transferred from any RFMUD Sending Lands to any RFMUD Receiving Lands and Urban area receiving lands except that TDR credits from Sending Lands beyond 1 mile of the URF boundary cannot be transferred into the URF. This amendment would allow the transfer of TDR credits originating more distant than one (1) mile from the URF boundary for use in [the URF portion of] the Naples Reserve PUD. Adoption of these amendments would grant new rights to the co-applicant's property to utilize TDRs from distant RFMUD Sending Lands. (CP-2013-1 Resolution Exhibit A reflects the petitioner's proposed text changes) SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Note: For purposes unique to this application, there are two geographic areas- those RFMUD Sending Lands located beyond one mile from the Urban Residential Fringe (URF), with origination TDRs, and the Naples Reserve Residential PUD, the TDR destination. Subject !TDR origination! RFMUD Sending Lands: The subject Sending Lands area is zoned A-RFMUO, Sending Lands (Rural Agricultural District, Rural Fringe Mixed Use-Sending Lands Overlay) and some portions contain one or more of the MHO, Mobile Home Overlay, NBMO, North Belle Meade Overlay, and NRPA, Natural Resources Protection Area Overlay; and, the area is designated Agricultural/Rural, Rural Fringe Mixed Use District, Sending Lands (and some portions are within one or more of the North Belle Meade Overlay and the Natural Resource Protection Area Overlay on the Future Land Use Map. These lands are largely undeveloped. Residential density is permitted at 1 dwelling unit per 40 acres or legal non- conforming lot/parcel of record. Permitted non-residential uses are limited to: agricultural uses, consistent with the Florida Right to Farm Act; habitat preservation and conservation uses; passive parks and other passive recreational uses; sporting and recreational camps; limited essential services; and oil extraction and related processing. Subiect [TDR destination] Residential PUD Site: The subject site is zoned Naples Reserve RPUD and designated partly Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands and partly Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict (URF) on the Future Land Use Map. The ±688 acre subject site is undeveloped and the PUD provides for a maximum gross density of 1.67 dwelling units per acre. Surrounding Lands: North of the [TDR destination] Naples Reserve RPUD: Land to the north of the subject RPUD is zoned A-RFMUO, Sending Lands and within the NRPA Overlay, and designated Agricultural/Rural, Rural Fringe Mixed Use District, Sending Lands, overlaid by the Belle Meade Natural Resource Protection Area (NRPA) on the Future Land Use Map. These lands lie inside the Picayune Strand State Forest and are owned by the State of Florida. Public lands are not part of the TDR program. West of the(TDR destination]Naples Reserve RPUD: Land to the west of the subject RPUD is zoned Winding Cypress PUD/DRI (Development of Regional Impact) and partially developed as Verona Walk. The Future Land Use designation is Urban Mixed Use District, Urban Residential Fringe Subdistrict and Urban Residential Subdistrict. -2 - CP-2013-1/PL20130000139 2013-1, iStar Development: aIInwinn TnR trancfars into Naples Reserve RPUD Packet Page-40- 6/10/2014 9.A. South of the [TDR destination] Naples Reserve RPUD: Land to the south of the subject RPUD is zoned Walnut Lakes PUD and developed as Reflection Lakes of Naples; and, undeveloped land zoned A, Rural Agricultural. These lands are designated Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. East of the [TDR destination] Naples Reserve RPUD: Across Greenway Road, land to the east of the subject RPUD is in agricultural use. The zoning district is A-RFMUO, Receiving Lands and designated Agricultural/Rural, Rural Fringe Mixed Use District, Receiving Lands on the Future Land Use Map. In summary, the existing land uses in the area immediately surrounding or directly opposite the subject RPUD are predominately rural non-residential in nature to the north and east, and residential to the west and south. STAFF ANALYSIS: Background and Considerations - History of the Rural Fringe GMP Amendments: The Governor and Cabinet issued a Final Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996 Evaluation and Appraisal Report (EAR). The Final Order required the County to conduct a Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the County, and then adopt measures to protect natural resources such as wetlands, wildlife and their habitats, and prevent the premature conversion of unique agricultural lands to other uses. This was to be accomplished while directing incompatible land uses away from these sensitive lands by employing creative land planning techniques. The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the County divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Rural Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District (RFMUD) was established. The RFMUD represents a transitional area between Golden Gate Estates and the County's urban area, and between the urban area and vast agricultural lands and agricultural operations farther to the east. The RFMUD consists of approximately 73,222 acres and is divided into three distinct designations: Sending Lands (±41,535 acres originally; ± 41,414 acres now), Receiving Lands a 22,020 acres originally; ± 22,373 acres now), and Neutral Lands (± 9,667 acres originally; ± 9,427 acres now). Allowable uses, density, and preservation standards vary by designation. Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The preservation standard for non-NRPA Sending Lands is eighty percent (80%) of the native vegetation on site while the standard for NRPA Sending Lands is ninety percent (90%). Density is limited to 1 dwelling unit per 40 acres or 1 dwelling unit per legal non-conforming lot/parcel of record (created on or before June 22, 1999). Transfer of development rights from Sending Lands may occur at a rate of 1 dwelling unit per five acres (0.2 du/ac.) or 1 dwelling unit per legal non-conforming lot/ parcel of record. Permitted non-residential uses are limited to: agricultural uses, consistent with the Florida Right to Farm Act; habitat preservation and conservation uses; passive parks and other passive recreational uses; sporting and recreational camps; limited essential services; and oil extraction and related processing. Receiving Lands are those lands identified as being the most appropriate for development and to which residential units may be received from areas designated as Sending. Lands. The - 3 - CP-2013-1/PL20130000139 2013-1, iStar Development: aiIrwinr,rnP tra„cfrs into Naples Reserve RPUD Packet Page-41- 6/10/2014 9.A. preservation standard for Receiving Lands, except for the North Belle Meade Overlay, is forty percent (40%) of the native vegetation present, not to exceed twenty-five percent (25%) of the total site area to be preserved. The base residential density (non-Rural Village development) is 1 dwelling unit per 5 acres (0.2 du/ac.) or 1 dwelling unit per legal non-conforming lot/parcel of record. The maximum density achievable for non-Rural Village development is 1 dwelling unit per acre, through the Transfer of Development Rights (TDRs). The minimum and maximum density for Rural Village development within Receiving Lands is 2 and 3 dwelling units per acre, respectively, except that the minimum density for Rural Village development on Receiving Lands within the North Belle Meade Overlay is 1.5 dwelling units per acre. Permitted non-residential uses are primarily the same as those uses permitted in the agricultural zoning district prior to the Final Order(e.g. full range of agricultural uses, community facilities, recreational uses, etc.). Neutral Lands are those lands suitable for semi-rural residential development. Generally, Neutral lands have a higher ratio of native vegetation than lands designated as Receiving Lands, but do not have values approaching those in the Sending Lands. The preservation standard for Neutral Lands is sixty percent (60%) of the native vegetation present, not to exceed forty-five percent (45%) of the total site area to be preserved. The maximum residential density is limited to 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record. These lands are "neutral" to the TDR program and do not generate or receive residential density. Permitted non-residential uses are primarily the same as the uses permitted in the agricultural zoning district prior to the Final Order (e.g. full range of agricultural uses, community facilities, recreational uses, etc.). The consultant who assisted in development of the RFMUD TDR program found a correlation between the proximity of properties lying east of CR 951 and their land values. The higher transitional/residential densities allowed in the Urban Residential Fringe affected these nearer lands with higher property values while more-distant Sending Lands - which are less dense, further removed from urban services, less acceptable, and so forth - revealed notably lower n values. This geographical relationship was recognized and specific limitations established to bolster TDR values for the more proximate lands, and provided special arrangements for the transfer, redemption and use of TDRs. The consultant also directly addressed the TDR program, and predicted the haste which requests to change the program to benefit only a few, or single, landowners would appear. The County was cautioned to keep the TDR program intact [for a substantial period of time]. Changes weaken the program, diminish TDR values and discourage the viability of long-term continuing participation. How TDRs are Expected to Transfer Into Naples Reserve: A number of TDRs are expected to originate from Hacienda Lakes PUD/DRI land. To date, Sending Lands located in the easternmost part of the Hacienda Lakes PUD/DRI have produced ±190 [base & Early Entry bonus]TDR credits from ±475 acres. Development Standards found in the standing Naples Reserve PUD Ordinance indicate, "There shall be no more than 1,154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density." ...with Planning provision "B" stating, -4- CP-2013-1/PL20130000139 2013-1, iStar Development:aIInwinn Tnrr trancffrs into Naples Reserve RPUD Packet Page-42- 6/10/2014 9.A. "In order to increase the residential density allowed in the Urban Mixed Use District, Residential Fringe Subdistrict and the Agricultural/Rural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR credits shall be severed from qualifying Sending Lands, of which a minimum of 311 TDR credits shall be severed from [qualified] Sending Lands within one mile of the Urban Area." The clear implication is that the remaining 301 TDR credits may be obtained from [qualified] Sending Lands located within one mile OR beyond one mile from the Urban Area [unqualified], as the origination TDRs pertinent to this application - despite such a transfer from beyond one mile being inconsistent with the FLUE provision for the URF. Approximately 190 of these TDR credits originate from Hacienda Lakes' Sending Lands - leaving 111 to be obtained from other [qualified and/or unqualified]Sending Lands. [See calculations below.] 1154 maximum DUs in Naples Reserve ** - 612 minimum TDR credits to be severed/transferred from RFMU Sending Lands** 542 intrinsic DU density 311 = minimum TDR credits to be severed/transferred from [qualified] Sending Lands within one mile of Urban Area [attributable to the '612'figure above] ** 301 = remaining TDR credits to be severed/transferred from [qualified and/or unqualified] Sending Lands within one mile of Urban Area or beyond one mile of the Urban Area [attributable to the '612'figure] - 190 = TDR credits severed/to be transferred from Hacienda Lakes' [unqualified] Sending Lands beyond one mile of Urban Area [attributable to the '301' .-� figure] *** = 111 = TDR credits to be severed/transferred from other Sending Lands located within one mile or beyond one mile from Urban Area [attributable to the '301'figure] Of all Sending Lands, only those located within one mile of the Urban area qualify to transfer TDR credits into the Urban Residential Fringe (URF). 1804 estimated TDR total in [qualified]Sending Lands within one mile of the Urban Area * - 721 TDR credits from [qualified]Sending Lands within one mile of Urban Area already committed to URF use * = 1083 TDR credits in [qualified]Sending Lands within one mile of Urban Area remaining for URF use * For the Urban Residential Fringe (URF) lands, only a portion of them can make use of the TDR credits available from [qualified]Sending Lands. 3249 approximate URF acres eligible for TDR use (w/ an equivalent TDR count- potential TDR credit demand in URF) * - 1083 TDR credits in [qualified] Sending Lands within one mile of Urban Area remaining for URF use (potential TDR credit supply for URF)* = 2166 approximate potential unmet need of TDR credits for URF use (potential TDR credit demand in URF unmet by Sending Lands within 1 mile of URF boundary) * -5 — CP-2013-1/PL20130000139 2013-1, iStar Development:aIInwinn TnR trancfars into Naples Reserve RPUD Packet Page-43- 6/10/2014 9.A. Sources: * Petitioner provided figures. ** Naples Reserve PUD Ordinance derived figures. *** Staff provided figures. The petitioner's eligible acreage, thus potential demand for TDR credits, in the URF includes Winding Cypress PUD/DRI. Staff believes Winding Cypress should be excluded. It is presently approved for 2,300 DUs (1.19 DU/A) and 796 acres of preserve. A PUD amendment presently under review would increase this to 2,854 DUs (1.48 DU/A) and 840 acres of preserve. Phase I of Winding Cypress (Veronawalk) has been platted, infrastructure put in place, and DUs at or near build out. Phase II, the balance of the PUD, will contain fewer DUs than Phase I due to environmental constraints. Almost all of the Preserve is located in Phase II; there is limited land available for residential development. The below figures reflect staffs exclusion of Winding Cypress PUD/DRI. 2,177 potential TDR credits demand in URF 1.083 TDR credits in Sending Lands within 1 mile of URF 1,034 approximate unmet need of TDR credits for URF use This potential need for 2,166 TDR credits (petitioner's figure) or 1,034 TDR credits (staff's figure) in the URF would go unmet due to the existing prohibition on transferring TDR credits from Sending Lands beyond one mile of the URF boundary. The subject GMP amendment would satisfy a portion of that potential unmet need for TDR credits. On the other hand, this amendment could potentially devalue TDR credits generated from Sending Lands within one mile of the URF by increasing the eligible supply - all Sending Lands would become eligible to transfer TDR credits to the Naples Reserve PUD, not just those within one mile of the URF boundary. According to application materials, the co-applicant of this petition is the original owner of Hacienda Lakes PUD/DRI, maintains ownership of TDR credits from Hacienda Lakes, and will sell 406 TDR credits to the Naples Reserve developer if this amendment is successful. Accordingly, this amendment could be viewed as self-serving. Nonetheless, it may further the success of the TDR program and protection of Sending Lands. Environmental Impacts: Collier County Department of Natural Resources personnel reviewed this petition and provided the following analysis: The majority of the land within Naples Reserve PUD was previously cleared for agricultural purposes prior to approval of the rezone to PUD. Native vegetation occurs primarily in the preserves on site. There is also in an existing conservation easement, in favor of the South Florida Water Management District (SFWMD), over the preserves. An updated listed species survey was recently provided with the subdivision plat/plans for the project, currently under review with the County. Listed species documented on site were all associated with the agricultural ditches and the borrow pond on site, and consist of American alligator, several species of wading bird and snail kite. None of these species were found to be nesting on the subject property. A letter provided with the original PUD rezone, from the Florida Department of State, Division of Historical Resources, indicates no significant archaeological or historical sites recorded for or likely to be present within the project area. The letter also states that because of the project - 6 - CP-2013-1/PL20130000139 2013-1, iStar Development:allnwinn Tr)R rrancf'rs into Naples Reserve RPUD Packet Page-44- 6/10/2014 9.A. location and/or nature it is unlikely that any such sites will be affected. The project will be subject to the usual requirement for accidental discovery of archaeological or historical sites as required by Conservation and Coastal Management Element (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). The proposed GMP amendment for transfer of TDRs to allow Naples Reserve to achieve its maximum allowable density will have no affect on the requirements of the (CCME). The percent requirements of preserves will also not change. [Stephen Lenberger, Senior Environmental Specialist] Historical and Archaeological Impacts: The historical and archaeological characteristics inherent to the subject property are addressed in the Naples Reserve PUD. The transfer of TDRs from beyond one mile from the Urban Area does not in itself impact the site and further analysis is unnecessary. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: The traffic capacity and /traffic circulation characteristics associated with developing the subject property are addressed in the Naples Reserve PUD. The transfer of TDRs from beyond one mile from the Urban Area does not in itself impact these traffic characteristics and further analysis is unnecessary. Public Facilities Impact: The public facilities services needed to develop the subject property are addressed in the Naples Reserve PUD. The transfer of TDRs from beyond one mile from the Urban Area does not in itself impact these services and further analysis is unnecessary. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Thursday, August 22, 2013, 5:30 p.m. at the Collier County South Regional Library, Meeting Rm. "B", located at 8065 Lely Cultural Parkway, Naples. Two people other than the applicant's team and County staff attended - and heard the following information: The applicant's agent provided a full description of the proposed amendment to the group, including how the transfer of TDR credits will be allowed to the Naples Reserve PUD located in the Urban Residential Fringe (URF)from Rural Fringe Mixed Used District Sending Lands. No one in attendance expressed opposition to the changes. The meeting was completed by 5:40 p.m. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS: The following findings and conclusions result from the reviews and analyses of this request: • Impact upon the TDR program could be noteworthy. A number of TDR credits originally intended for use in areas of designated Receiving Lands will be redirected to the Urban Residential Fringe-a reallocation of TDR credits. • This GMP amendment could potentially devalue TDR credits generated from Sending Lands within one mile of the URF. -7 - CP-2013-1/P120130000139 2013-1, iStar Development: alinwinn T()R trancfars into Naples Reserve RPUD Packet Page-45- 6/10/2014 9.A. • This GMP amendment would satisfy a portion of the potential unmet need in the Urban Residential Fringe for TDR credits. • Though this amendment could be viewed as self-serving, it may further the success of the TDR program and protection of Sending Lands. • Correlating amendments to the Naples Reserve PUD may be submitted subsequent to, or concurrent with the Adoption phase of this GMPA application. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. [HFACJ STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CP-2013-1 to the Board of County Commissioners with a recommendation to approve this petition for transmittal to the Florida Department of Economic Opportunity. PREPARED BY: . ._.... f 1r / CORBY SCHMIDT,AICP, PRINCIPAL PLANNER - COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: , ( s ,! DATE: ' �; s . - �\ DAVID WEEKS,AICP, GROWTH MANAGEMENT PLAN MANAGER COMPREHENSIVE PLANNING SECTION, PLANNING AND ZONING DEPARTMENT REVIEWED BY: • —ter = DATE: ) MIKE BOSI,AICP, DIRECTOR, PLANNING AND ZONING DEPARTMENT APPR• ED BY: • dor lJ i Lam' DATE: ( 3 �IJ V'9'C A S A UI r' AD RATOR G'-OWTH MANAGEMENT DIVISION PETITION NO.: CP-2013-1 /PL-2013-0000139 Staff Report for the September 19, 2013, CCPC Meeting. NOTE: This petition has been scheduled for the November 12, 2013, BCC Meeting. — 8 - CP-2013-1/PL20130000139 2013-1, iStar Development: allnwinn TDR trancffrs into Naples Reserve RPUD Packet Page-46- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 19, 2013 RE: PETITION NO. PL20120002909/CP-2013-3, BUCKLEY MIXED USE SUBDISTRICT—GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMITTAL HEARING) AGENTS/APPLICANT/OWNER: Agent: Tim Hancock,AICP Davidson Engineering 4365 Radio Road, Suite 201 Naples, Florida 34103 Agent: R. Bruce Anderson, Esq. Roetzel &Andress Law Firm 850 Park Shore Drive, Third Floor Naples, Florida 34104 Applicant: McGuire Development Company 560 Delaware Avenue Buffalo, New York 14202 Owner: Airport Pulling Orange Blossom, LLC 560 Delaware Avenue Buffalo, New York 14202 GEOGRAPHIC LOCATION: The subject site contains approximately 21.7 acres and is located at 7501 Airport Road (CR 31), on the west side of Airport Road, north of Orange Blossom Drive, approximately .23 miles south of Vanderbilt Beach Road (and approximately 1.55 miles north of Pine Ridge Road), in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (See aerial map on the following page.) - 1 - Packet Page-47- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item r. A ;I t r. n "P'-'s k t ik, `r ' 2 y• i r i .' r -"-.;fii .5 , {��" 'f F - +11 t-.i"--r 2E=' +f . 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' .ate b.w.. 1 ..ff- REQUESTED ACTION: This petition seeks to amend the Future Land Use Element (FLUE) text by amending the Urban Mixed Use District, specifically the existing Buckley Mixed Use Subdistrict to remove the office and retail square feet caps; allow up to 7,500 square feet of gross floor area of commercial uses per acre or 15 residential dwelling units per acre; to make residential development optional; to prohibit commercial and residential uses on the same parcel; to limit multi-tenant commercial buildings to no more than 50% of the commercial square footage in order to provide for stand-alone commercial development; and, to revise development standards, including the elimination of the cap on the size of commercial building footprints. The petitioner's proposed text changes, shown in strike-through/underline format (words underlined are added, words struck through are deleted.), are as follows [This text is reflected in the Resolution Exhibit A; staff-recommended alternative text is located at the end of this Report]: Proposed Future Land Use Element Text Amendment: [page 41] C. Urban Mixed Use District 12. Buckley Mixed Use Subdistrict The intent of this Subdistrict is to allow for limited small scale retail, office and residential uses while -- - .-- -- -- - - .- -- allowing for the development of a mixed-use development. The Activity Centers to the North and South provide for large-scale commercial uses, while this Subdistrict is intended to promote small scale convenience and intermediate commercial development mix, ,use =raj.; • - _-•- - - - - •e.- to serve existing and future residential development in the immed area. This Subdistrict is intended to be an example for future mixed use nodes, providing - --- - - ---- - - -: will serve to reduce existing trip lengths for small ccalc convenience and intermediate commercial services. Commercial uses for the purpose of this section are limited to those allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. -2- Packet Page-48- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item b. A unified planned development with common architectural theme, which utilizes shared parking and cross accesses. - c. Retail Commercial uses will be capped at a maximum of 372-58 7.500 square feet per acre for the total project. e. Residential development for multi-family dwelling units will be subject to a maximum of 15 dwelling units per acre for the total project. f. Maximum lot coverage for buildings is capped at 35% for the total project. g. No more than -°. _ - - - - -- ' -- --- --50% of the commercial square footage may be constructed as multi-tenant buildings. j. All four sides of each building must be utilized in a common architectural theme.•- "e-• - -- - - -- -- -- - - --- -°• - •- - - . -e - - - - - • e-• . - e- . - -- -e e- - - -- - - - - - --- --- - - - . ... - -- - uses. I. Residential units may be located throughout the Subdistrict, as stand-alone development. m. Integration of residential and office or retail uses in the same building is encouraged. A - .--• --- ---••-- -.- For each acre of land utilized for residential purposes, 7,500 square feet of commercial buildable square footage will be eliminated for the total square footage allowable. For each acre of commercial square footage built, 15 residential units will be eliminated from the maximum allowable number of residential units. n. Pedestrian connections are encouraged to all perimeter properties. e. - -- - - -- - - - - -- ... - -- -. p. No building shall exceed three stories in height with no allowance for under building parking. q. Drive-through establishments will be limited to a maximum of 4. Blaanks with shall have no more than three drive-through lanes; these drive-through lanes must be architecturally integrated into the main building. r. No gasoline service stations will be permitted s. All buildings will be connected with pedestrian features. t. _ -- _•e -- -- ` -- - -- -- --- t w e n t y--foot wide Type C landscape buffer shall be required along all ether perimeter property lines adjacent to residential use. u. Parking areas must be screened from Airport Pulling Road and from any properties adjacent to this Subdistrict. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE MAP DESIGNATION: Subject Site: The subject site is zoned PUD, Buckley Mixed Use Planned Unit Development zoning district, and designated Urban (Urban Mixed Use District, Buckley Mixed Use Subdistrict) on the Future Land Use Map of the Growth Management Plan. The subject site is vacant and mostly cleared. The existing Subdistrict requires integrated residential and commercial mixed use development; allows a maximum density of up to 15 dwelling units per acre; allows up to 3,250 sq. ft. per acre or up to 70,525 sq. ft. of retail uses and up to 4,250 sq. ft. per acre or up to 92,225 sq. ft. of office uses; and contains specific project development standards. -3 - Packet Page -49- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Surrounding Lands: North: Brighton Gardens PUD; assisted living facility development; Urban Mixed Use District, Urban Residential Subdistrict West: Emerald Lakes PUD; single-family residential development; Urban Mixed Use District, Urban Residential Subdistrict South: A, Rural Agricultural zoning district, with a Conditional Use for essential service uses; Collier County Headquarters Library and other governmental uses; Urban Mixed Use District, Urban Residential Subdistrict East: Across Airport Rd. (C.R.31), Lakeside of Naples at Citrus Gardens PUD; and, A, Rural Agricultural zoning district, with a Conditional Use for a church; single-family residential development and St. Katherine's Greek Orthodox Church; Urban Mixed Use District, Urban Residential Subdistrict In summary, the current zoning and existing and planned land uses in the immediate area surrounding the subject property are residential, institutional and community facility uses. BACKGROUND and PROJECT DESCRIPTION: Establishment of the Buckley Mixed Use Subdistrict (GMP amendment — CP-2001-2, adopted 5/14/02 by Ord. No. 2002-24) Prior to the establishment of the Buckley Mixed Use Subdistrict, the subject property was zoned Agricultural and used as a plant nursery. The property at that time was eligible for up to 3 dwelling units per acre (without density bonuses) and a variety of community facility uses and institutional uses, e.g., child care facilities, churches and places of worship, assisted living facilities, adult care facilities, nursing homes, social and fraternal organizations; public and private schools; recreation and open space uses; a variety of agricultural uses; and, essential services. In 2001, the property owner submitted a Growth Management Plan amendment application for a residential and commercial integrated mixed use project. The owner established specific development criteria, a residential density cap of 15 dwelling units per acre, and retail and office caps to ensure the development of a traditional mixed use project on the site. County staff recommended approval of the Subdistrict to the Board of County Commissioners, despite the substantial supply of commercial acreage within the nearby Activity Centers and within other commercial Subdistricts proximate to the subject site, based solely on the premise that the project would provide a bona fide mixed use development that was consistent with County residents' vision for `new' development as detailed in the County's Community Character Plan. The Board of County Commissioners subsequently approved the Subdistrict as a live-work-play development which promotes walkability, provides for housing opportunities at various price points, and includes provisions for small-scale neighborhood-serving commercial at a pedestrian scale. Proposed Project The proposed amendment to the Buckley Mixed Use Subdistrict changes the project entirely from its original form. Foremost, the amendment eliminates the required residential and commercial mixed use component from the Subdistrict by making residential development on the site optional, and eliminates the various design elements integral to developing a mixed use project. The proposed project promotes strip and/or big-box shopping center development — typically characterized by oversized parking lots, excessive signage, and total dependence on the automobile for access and circulation. - -4- Packet Page -50- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item The table below provides a summary of the existing and proposed Subdistrict regulations. Buckley Mixed Use Existing Proposed Subdistrict Regulations Regulations Density 326 units (15 DU/A) 326 units (15 DU/A) Integrated Residential & Commercial Development Required Eliminated Residential Development Required Optional Zoning Intensity C-1, C-2, C-3 C-1, C-2, C-3 Retail sq. ft. CAP 3,250 sq. ft./ac. or 70,525 sq. ft. Eliminated Office sq. ft. CAP 4,250 sq. ft./ac. or 92,225 sq. ft. Eliminated Total Commercial Sq. Ft. 162,750 sq. ft. 162,750 sq. ft. Development Standards 75% of the total built sq. ft. must Multi-story buildings be multi-story buildings Eliminated Access must be interior to the Primary Retail and Commercial site; secondary accesses Eliminated Entrances required for buildings fronting Airport Road. Building Height 3-stories 3-stories Maximum Building Footprint 15,000 sq. ft. Eliminated All sides must have common Eliminated — Now subject to Building (Sides) architectural theme LDC requirements Drive-through Establishments Banks only Maximum of 4 drive-through establishments Landscape buffer along Airport Eliminated — Now subject to Road 20 ft., Type D buffer LDC requirements Buffering along perimeter Eliminated — Now subject to property lines, except Airport Rd. 20 ft., Type C buffer LDC requirements Screening of parking areas Required (Airport Rd. and from Eliminated — Now subject to properties adj. to Subdistrict) LDC requirements Mixed-use projects, including the traditional residential over commercial development, and those with office over retail and stand-alone residential on the same site, provide a desirable lifestyle for residents. These developments promote active living, provide housing opportunities at varying price points, provide accessibility to shopping and leisure activities without the dependence on automobiles, and provide a focal point and sense of place for its residents. There are many examples of mixed use developments working throughout the country. Locally, there are varying types of mixed use developments — town centers (Village Walk), village centers (Island Walk and Verona Walk), main streets (5th Ave. South and 3rd Street South) and mixed use residential over commercial (Mercato, Bayfront, and Ave Maria). These sites are larger than the proposed subject site; however, the mixed-use concept can be creatively applied to infill properties such as the approved Buckley Mixed Use Subdistrict (refer to the approved Buckley Mixed Use PUD building sketch and conceptual master plan on page 7). -5- Packet Page-51- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Examples of Local Mixed-Use Development Mercato, Naples 3�d Street South (retail/office), Naples • �Lw ,.,: 1i r r ; a f• F , . . T.. ' - ' . 1,„r i .,-;:tIvik.,4,..,'a . - . • - ' r 4-:''.- ''. ' .. ....„ .,,. . ,. ..„ ... ,.. ... . . , „,„ . , Mixed Use-Mercato,Digital Image.FL Commercial.Mon.26 August 2013. Mixed Use-3 <Ilcommercial.com> rd,Digital Image.Voices.yahoo.Mon.26 August 2013.<voicesyahoo,com> Coconut Point, Estero Bayfront, Naples <,.:w .. -ice._ ..„,:^—... y, 4 i 't I l M w a r f 6 �_. r.:* , Mixed Use-Coconut Point,Digital image.Sellingestero.Mon.26 August 2013. Mixed Use-Bayfront,Digital image.Loopnet.Web,26 2013.<loopnet com> <sellingestero.com> Ave Maria, Naples Lt `. -” �.' ,� t _ e ����w.� � '.04'� .t,1, .� r:tf:� �� Ill' � � {—...'.: -. .1. . , ,,....1jr: ..: 14,va.,,.., . tri. , Mixed Use—Ave Maria Naples.Digital image.The Va/ent nes Projects.Mon 26 August 2013.<thevalent nesweb.com projects/avemaria.php> - 6- Packet Page-52- CP-2013-3, Buckley Mixed Use Subdistrict Age 6/10/2014 9.A. Approved Buckley PUD P /..., R( -47*- rlfr7....- -47- 41?--'' 'eir)..--1110,1 i 1 , 1LJJ : ; f rnF U 3 t ,..... ,i, . ....„,„,,:..„,f,„;:_ir ....4„4,...„:„±„. ...1 , I f _Aillit _.� 1 ,, t tx * S 111.1 .; :.0, milk s s ! 1 _._.. .� I ANN . I il ,i -.tz 1.____ ........4-T1 , ----- to _ 3 Ji MP i iL =-.y i - ,. ; 1 4 `II ,416Z7 i_ M _,Sim • d1°4*'. -7- Packet Page-53- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item STAFF ANALYSIS: Appropriateness of Change If approved as submitted, this Growth Management Plan amendment will potentially result in the introduction of varying types of commercial development—big-box, fast-food, 24-hour convenience, etc., and other activities — to an area not contemplated for these uses. Consequently, the proposed amendment has the potential for impacting the stability of residential and other established uses within the immediate area. The suitability of the proposed Growth Management Plan amendment to accommodate the petition's request is to be established through an evaluation of relevant and appropriate data for population growth, commercial inventory, infrastructure development, and other considerations in the surrounding area. The compatibility of potential big-box development, fast-food restaurants, 24-hour convenience commercial development, etc. with its surrounding land uses will need to be addressed in the consideration of the companion Planned Unit Development (PUD) amendment request. Density Allowances pursuant to the Future Land Use Element(FLUE) Density Bonus Provisions Base Density(applicable to subject site) • Urban Mixed Use District, Residential Subdistrict— Up to 4 dwelling units per acre Bonus Densities • Activity Center— Up to 16 dwelling units per acre • Proximity to a Mixed Use Activity Center or Interchange Activity Center (Residential Density Band) — Up to 3 additional dwelling units per acre • Affordable Housing — Up to 8 additional dwelling units per acre • Roadway Access — Up to 1 additional dwelling unit per acre • Residential Infill development— Up to 3 additional dwelling units per acre • Conversion of Commercial Zoning — Up to 16 dwelling units per acre • Transfer of Development Rights—variable unit count • Transportation Concurrency Management Area — Up to 3 dwelling units per acre The proposed amendment to the Buckley Mixed Use Subdistrict allows for the retention of the project's residential density of up to 15 dwelling units per acre without developing a mixed use project or complying with the various FLUE density bonus provisions identified above. It should be noted that the density approved for this mixed use development was deemed compatible with other densities in the area; however, those projects with similar high densities complied with the provisions of the FLUE (density bonuses or clustering). Commercial Development and Analysis Commercial development is not planned or approved adjacent to the subject site. However, there is a substantial amount of commercial development planned or developed within a 1-mile and 2-mile radius from the subject site. The subject project is located within the segment of Airport Road (CR 31) between Vanderbilt Beach Road and Pine Ridge Road (CR 896), anchored at each of these intersections by Mixed Use Activity Center Commercial Subdistricts. The Activity Centers (see red squares on page 9 map) were comprehensively planned to provide sufficient commercial development opportunities. These planned locations are purposely sized and spatially arranged to encourage and support the business environment and to discourage and avoid over commercialization and strip development throughout the County. - 8- Packet Page-54- 6/10/2014 9.A. CP-2013 3, Buckley Mixed Use Subdistrict Agenda Item Activity Centers Proximate to the Subject Site li{ � ,,,.„4111 a Raw r'� M_4 ass! -' c�<; s',. aqui r4.-7; 0."14g I—, 010.„.,,,,wr- '.,.,,,..-;-„ti„:,_ ,� _ i ids ` ,{•.. s ..:it, �„-. ',- � .r � .', r-21,—.4k—'"', ,, 10,„siti gm— ,:„._,.j, r.16,47, iN,,,EF4,. ai... 3.t 'i a r oman a x l r � a �� ..,.--."'''..41"**g.,01".".. ,"e , . ,..,, ..,„:„ ,..,...i., ...., lat, ..,r0r..416.- :•---..,--?—;I i.-',;-'t ''' 1,‘"4 ' '''.(fialliirit:.`alakitTeN.,.4";—:"41T..-7,„.... ., r'-', Won 0 R� ° a w ie a k i. . . . ce r _�� a i- ' c^ , ter fn .1 ,, d-0,e" ApK.6' * c 15:4-0-'; 1 --- 4 1 t EiN441='-'-21.:- - .;''.. ": 4::',1Z- ' P 411:'?T''''---infit0., _„..woomma..im..: ._., _firt,„,„,,,,,,,,,,,„„ , --„..„.„, ,-i_ ..-:,,,..,...., mriRterigtroriimIt....-4- 1 Activity Center # 11 (Airport Rd. and Vanderbilt Beach Rd.): The mid-point of this Activity Center is located approximately % mile north of the subject site (refer to green area on above map) and the closest commercial zoning and development is ±500 feet north of the Subdistrict. The Center consists of / approximately 188 acres and is permitted for up to ±1,249,600 square feet of commercial development. The range of uses includes, but is not limited to: restaurants, retail, and office — situated on stand-alone sites and within the traditional shopping center configuration. Below is a summary of developed and undeveloped commercial acreage within Activity Center 11: ® Southwest Quadrant of Airport Rd. &Vanderbilt Beach Rd. —Walgreen's PUD (15.68 ac./156,800 sq. ft, with 78,904 sq. ft. undeveloped); Fountain Park PUD (10.14 ac./71,400 sq. ft.); and, Venetian Plaza PUD (6.02 ac./90,000 sq. ft., with 15,000 sq. ft. undeveloped) Northwest and Northeast Quadrants of Airport Rd. Vanderbilt Beach Rd. — Pelican Marsh PUD/DR( (80 ac./331,400 sq. ft.) • Southeast Quadrant of Airport Rd. & Vanderbilt Beach Rd. — Vineyards PUD (75.86 ac./600,000 sq. ft, with approximately 82% of sq. ft. developed.) Activity Center# 13 (Airport-Pulling Rd. and Pine Ridge Rd.): The mid-point of this Activity Center is located approximately 1-mile south of the subject site (refer to green area on above map) and the closest commercial zoning and development is +2/3 mile south of the Subdistrict. The Center consists of 306 acres and is permitted for up to ±2,275,017 square feet of commercial development. The range of uses includes, but is not limited to: Big box development such as "category killers" (PetCo, Sports Authority, Bed, Bath and Beyond, Toys R Us, Staples and more), grocers, restaurants, general retail, and office—situated on stand-atone sites and within the traditional shopping center configuration. —9- Packet Page-55- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Below is a summary of developed and undeveloped commercial acreage within Activity Center 13: • Southwest Quadrant of Airport Pulling Rd. & Pine Ridge Rd. – Falls PUD (32.50 ac./280,000 sq. — ft.) • Southeast Quadrant of Airport Pulling Rd. & Pine Ridge Rd. – Carillon PUD (24.01 ac./319,000 sq. ft., with 16,641 sq. ft. undeveloped) • Northwest and Northeast Quadrants of Airport Pulling Rd. & Pine Ridge Rd. – Pine Air Lakes PUD/DRI (148.99 ac./1,075,000 sq. ft., with 308,453 sq. ft. undeveloped); and approximately 100 acres of non-PUD commercial zoning and with over 601,017 sq. ft. of commercial development within these two quadrants. Commercial Subdistricts outside of Activity Centers 11 & 13: In addition to the commercial acreage within Activity Centers 11 and 13, there are other site-specific commercial subdistricts located proximate to the subject site that provide commercial development opportunities. These include, but are not limited to, the following: • Orange Blossom Mixed Use Subdistrict – Longview Center PUD (14.75 acres/143,500 sq. ft of commercial) located across Airport-Pulling Rd., and southeast of the subject site– Undeveloped • Orange Blossom/Airport Crossroads Commercial Subdistrict – Two 5-acre parcels (10 acres/74,000 sq. ft. of C-1 commercial and other uses) located across Orange Blossom Dr., south of the subject site– Undeveloped (except existing Italian American clubhouse facility) The above-listed commercial sites (Activity Center and non-Activity Center) provide a total of over 3,742,117 square feet of commercial use opportunities in all commercial category ranges, including but not limited to, professional and general office, convenience, intermediate or neighborhood serving, general or community serving, and, etc. Buckley Mixed Use Subdistrict Amendment: The proposed changes to this Subdistrict could — potentially add up to 162,700 sq. ft. of community serving commercial land uses, including big-box development (e.g. large scale sporting goods, auto supply, office supply, pet supply, discount supermarket, etc.), 24-hour convenience and/or strip-style neighborhood shopping, banks, fast-food restaurants, etc., in an area already saturated with these same uses, and on a transitional infill site suitable for lower intensity commercial development. Conversely, development of a mixed use project would provide housing opportunities at varying price points, shopping and employment opportunities for the residents within the community, and provide a development that is complimentary and of a scale consistent with the surrounding land uses – Emerald Lakes single-family development (west of site), Brighton Gardens assisted living facility (north of site), County Library and other government services (south of site), and residential development across Airport-Pulling Road (Lakeside and the future development of the Orange Blossom Mixed Use Subdistrict). Staff Summarization of the Data Submitted in Support of the GMPA Request The GMPA application package includes the narrative (dated August 9, 2013) in response to staff's request for data and analysis, Exhibit Q "Commercial Properties," and Exhibit R, a Bergstrom Center report titled Survey of Emerging Market Conditions, to support their requested amendment. The commercial support documentation submitted with this GMP amendment petition does not describe a "market area," but instead consists of a listing of vacant commercial lands within a 3-mile radial distance from the subject site that would potentially accommodate stand-alone or "pad ready" commercial development, similar to what is being proposed by the subject Growth Management Plan Amendment. The table on page 11 is a summary of those commercial lands that may be suitable for national retailers (see Exhibit "S" of the GMPA submittal for retailer listing) potentially looking to enter the Collier County commercial market. - 10- Packet Page -56- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Undeveloped properties within 2-miles Undeveloped properties within 3-miles Zoning Location Acreage Zoning Location Acreage CPUD Pine Air Lakes 1.09 CPUD Creekside 1.33 CPUD Pine Air Lakes 8.89 CPUD Creekside 1.61 CPUD Pine Air Lakes 4.68 CPUD Creekside 2.04 CPUD Pine Air Lakes 11.36 CPUD Creekside 21.94 CPUD Cambridge Sq. 10.56 CPUD Gasper Station 12.07 MPUD Bradford Sq. 9.04 CPUD Clesen 4.19 _ PUD P. Ridge Commons 3.94 CPUD Pine View 5.65 MPUD Malibu Lakes 1.50 PUD P.R. Corners 4.22 PUD Angileri 2.24 PUD Ragge 3.60 PUD Naples Gateway 1.85 PUD P.R. Center West 4.15 C-4 Naples Twin Lakes 1.32 49.56 acres or 67.71 ac. or the the equivalent of equivalent of TOTAL 371,700 sq.ft. TOTAL 507,825 sq.ft. (assuming 7,500 ` (assuming 7,500 sq. ft./ac.) sq. ft./ac.) Note: This listing does not include stand-alone properties within the 3-mile radius of the subject site that are built, but vacant (such as available building space in Galleria located in the northwest quadrant of Vanderbilt Beach Rd./Airport Rd., and in Pine Air Lakes PUD/DRI); nor does the listing include commercial lands that have the potential to be redeveloped with stand-alone commercial uses, e.g. acreage within the Activity Centers. The applicant's "Commercial Properties" listing indicates that there is approximately 49.56 acres of vacant commercial land with the potential for up to 371,000 square feet of stand-alone commercial development within 2-miles of the subject site, and another 67.71 acres of vacant commercial land with the potential for up to 507,825 square feet for stand-alone commercial development within 3-miles of the subject site. The total acreage and potential square feet for stand-alone commercial development is 117.27 acres and 879,525 square feet, respectively. This potential developable square feet, combined with the projected commercial square feet within the Activity Centers and commercial subdistricts, provides ample commercial opportunities proximate to the surrounding residential areas for all commercial categories in both stand-alone and shopping center configurations. The Bergstrom Center Report generally describes the outlook on the residential and commercial markets within the southwest coast of Florida as positive and further describes that these markets are trending upwards. However, this information is not specific to the Naples' area market or the subject site. Information from local sources, such as the Naples Area Board of Realtors, confirm that residential inventory in the Naples area is decreasing while demand is strong, and interest in multi-family (apartments) is increasing. Additionally, office and retail rents are on the rise due to vacant inventory slowly being absorbed. However, demand for new commercial development will continue to be slow, except for the occasional end-user. Finally, all market sectors appear to be improving as the health of the local economy improves. - 11 - Packet Page-57- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Environmental Impacts: The subject property was previously cleared and used for row crops in 1975, according to an aerial on — the Property Appraiser's website. As a result, the property qualifies for an agricultural clearing permit exemption pursuant to Section 10.02.06 D.1.f. of the Land Development Code. Native vegetation present on-site would not be required to be retained. Given the location and present condition of the property, listed species would not likely occur on site. Base on these findings, the subject proposal was found to be consistent with the applicable provision of the Conservation and Coastal Management Element. Historical and Archaeological Impacts: Historic, archaeological or other cultural resources have not been identified as being present on the subject property, based on a review of the Florida Master Site File by the Division of Historical Resources of the Florida Department of State. The Master Site File is the State of Florida's official inventory of historical and cultural resources. The project will be subject to the accidental discovery of archaeological or historical sites, as required by Policy 11.1.3. of the Conservation and Coastal Management Element and Section 2.03.07 E of the Land Development Code. Traffic Capacity/Traffic Circulation Analysis and Impact: A Traffic Impact Statement, dated July 12, 2013, was prepared by Trebilcock Consulting Solutions and submitted with this petition. Transportation Planners with the County's Transportation Planning Section reviewed the impact analysis and provided the following comments: The analysis provides a comparison between the existing development allowed within the approved Subdistrict and the proposed land uses allowed by the Comprehensive Plan amendment. Based on the analysis, staff determined that there is the possibility for an increase in total net new trips of 58. Directionally distributed there would be approximately 17 additional trips in any given direction, which would have an insignificant impact on the adjacent roadway network. As a result, there are no anticipated adverse impacts to the existing level of service on Airport Road or Orange Blossom Drive expected to occur with the approval of this Plan amendment. It should be noted that project impacts will be analyzed again for consistency with the Comprehensive Plan at the time of request for zoning change, and concurrency and operational impacts will be evaluated at the time of request for local development orders (SDP, Plat, etc.). Public Facilities Impacts: The petitioner prepared Public Facilities calculations, which were submitted with this petition. In summary, the proposed project (based on the land uses identified below) results in a reduction of impacts on certain Category A public facilities (potable water, sanitary sewer, drainage, and solid waste), while potentially resulting in an increase in vehicle trips on adjacent roadways (refer to TIS and transportation summary above). Existing Subdistrict Proposed Subdistrict Land Use Water/Sewer Solid Waste Land Use Water/Sewer Solid Waste (Total GPD) (Total lbs.) (Total GPD) (Total lbs.) Neighborhood Neighborhood Shopping Center 7,053 430,233 Shopping Center 12,275 779,275 (70,530 sq. ft.) (122,750 sq. ft.) Restaurant Restaurant (150 seats) 6,000 Not provided (150 seats) 6,000 Not provided Office—Low Rise Office—Low Rise (46,113 sq.ft.) 6,917 170,618 (15,000 sq. ft.) 2,250 74,000 - 12- Packet Page -58- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Office—Medical Office—Medical (46,112 sq. ft.) 11,210 188,137 (20,000 sq. ft.) 5,015 61,200 Residential (326 DUs) 97,800 1,349,314 Total 128,980 2,138,302 Total 25,540 914,475 OR Residential (326 DUs) 97,800 1,349,314 Total 97,800 1,349,314 NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS: The Neighborhood Information Meeting (NIM) required by Land Development Code Section 10.03.05 F was [duly advertised, noticed and] held on July 30, 2013, in the Sugden Room of the North County Library Headquarters, located at 2385 Orange Blossom Drive. Approximately 21 persons other than the applicant's team and County staff attended the NIM, and heard the following information: Tim Hancock, the applicant's agent, provided a full description of the proposed development to the group gathered, including discussion about the maximum residential density of 15 dwelling units per acre and the commercial cap of 7,500 sq. ft. per acre. Mr. Hancock described the differences between the existing Growth Management Plan Subdistrict and the proposed Subdistrict. The public speakers' questions are noted in italicized text, followed by the agent's [Tim Hancock] responses in bold text. Question#1. How many stories will the building be? Two stories are being proposed from the currently approved three stories, however that change is not part of the growth management plan amendment and will occur during the zoning process. Question #2. How far will the setback be from Airport Pulling Road? Toys R Us was built so close to Airport Pulling Road and had to provide plants and trees to soften the look. The growth management plan does not deal with setback requirements and this will be addressed during the zoning process. He explained that the minimum setback requirement is 25 feet and current architectural standards and the land development code would apply to this project. Question #3. What will the traffic impact be on Orange Blossom and Airport Pulling Road? Collier County Transportation issued a traffic study and our property at the Naples Italian American Club was required to expand the left turn lane. The uses being proposed are equal to or less intense than what is currently approved. Tim explained that the Naples Italian America Club could contact him after the meeting or the County Transportation department to discuss questions regarding their development contribution agreement. Question #4. If the proposed changes are approved will there only be commercial or could there also be residential? It is possible for both residential and commercial but they would have to be on separate parcels and there is the possibility for 100% residential. Question#5. Would a big box store be allowed? There is no size limitation but that larger stores like Home Depot or Target are nearly impossible on a site of this size and configuration. Tim pointed out that the majority of big box stores prefer to be at a signalized major intersection which this property will not have. Question #6. We have 15-20 houses in the back of Emerald Lakes, how far are they going back with this property. How much room are they going to leave for the people back there? They could end up with dumpsters or big lights at the back of their houses. - 13- Packet Page-59- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item The current zoning for this property requires a 100 foot setback and that no one can be closer than 100 feet to the rear property line. The setback requirement will be determined at the time of zoning and there is no intention of putting the building closer than 100 feet of the property line. In reference to the second part of the question, the PUD does not currently limit the location of dumpsters and will be further addressed during the zoning process. The lighting requirements will also be addressed during the zoning process. The growth management plan amendment does not address those requirements. The next neighborhood information meeting being held for the zoning process will address those items and will be held approximately around November to December of this year. Question#7. Do you have commercial buildings committed to the project? There are a couple of prospects but there are currently no letters of intent or commitments. Question#8. Do you have any idea what the square footage will be of the individual residential units? It is not the intent to build residential units but if maximum density were built the approximate square footage would be 1,000 -1,200 s.f. Question#9. You say maximum commercial is going to be a C-3? Yes, the proposed land uses are consistent with C-1 thru C-3 zoning. Tim further explained that there are 5 commercial zoned categories, C-1 being the least intensive and C-5 being almost industrial. C-3 is intermediate and allows for retail and office such as restaurants and banks, and C-4 is more typical of a shopping center. Question #10. Those three arrows that are there, those are the access and whatever that other word is? The only reason Lakeside is concerned about this is that this is our only way out, we only have one entrance, one exit, most other places have at least two and have tried to get a traffic light in the past. Those are consistent with what is currently approved and explained the location of the main access points. Tim agreed that a traffic light would be preferred and explained that because the access is divided the projects turning movements would not affect Lakeside's left in turning movements nor cause any additional back up or make it unsafe. A traffic signal at the entrance however, is very -- unlikely. Tim stated that at the time of zoning they will propose an interconnection to the library and having this interconnection could keep people going to the library off the intersection. Due to security reasons interconnection to the assisted living facility are not allowed. Question #11. I live right on Milpond Circle across the street from the Buckley property, when you say 25 feet do you mean from the street? Clarified the 25 feet he was referring to is the setback from Airport Pulling Road could be as close to as 25 feet. The total distance from homes to buildings across the lake would be approximately 200 feet and this will be clearly identified during the zoning process. [Tim again reviewed the Exhibits and the proposed Development Plan.] Question#12. That set back is from the right of way not the edge of the road. That is correct,from the edge of the right of way,the setback is another 25 feet beyond that. Question#13. If the master plan is successful when do you intend the start of construction? The growth management plan process would need to be completed along with the zoning and platting of the property. Once the property has been platted construction of the infrastructure, water, sewer and internal roadways could commence with the earliest being the first or second quarter of next year. The building would commence at best, in approximately a year to 18 months. Question #14. You can't really start anything without commitment from the people moving in there, whether commercial or residential, can you? The intent is to put the infrastructure in allowing the property to be "developer ready" as soon as possible. - 14- Packet Page-60- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item Question #15. I do not have a question but you eloquently said at the last meeting "something is going to be built here" and what you are building there and are proposing to build there is the least offensive to everybody....is that not correct? Yes, ideally, we all want to live next to a park, but what is being proposed is less intensive than what is currently approved. Tim again referred to exhibits showing the currently approved development and what could be built vs.the proposed development. Question#16. Will the parking be facing Airport Pulling Road? The development has not reached the point of the parking design but generally speaking, the parking will surround the building. Because of the 100 foot setback there will be some parking in the rear but most commercial businesses want to have some parking between the road and their business to show activity and livelihood. Question#17. Will the fagade of the building be facing Airport Pulling Road? The design intent is to have access from the rear of the property and the building facade to primarily face Airport Pulling Road and explained again that this would be further discussed during the zoning process. Question#18. The architectural ordinance states that the nice face of the building has to face the road. Correct and because Airport Pulling Road is a collector or arterial road, the building has to meet architectural standards along Airport Pulling Road. Tim further explained these are considered outparcels with other sides being secondary facades. All four facades of the building will have a degree of architecture but the primary façade has to be the one facing Airport Pulling Road. The agent encouraged representatives from the public to contact him with any additional questions or concerns. The meeting was completed by 6:15 p.m. [Synopsis prepared by T. Hamlin, Senior Project Manager with Davidson Engineenng, with edits provided by M. Mosca,AICP, Principal Planner, Comprehensive Planning Section] FINDINGS AND CONCLUSIONS: The following are findings and conclusions as a result of the review and evaluation of this GMPA request: • The subject property was originally approved for mixed use development only — not stand-alone commercial and residential development. The approved density of up to 15 dwelling units per acre was approved in order to incentivize the development of a traditional residential over commercial mixed use project. Additionally, the square feet caps placed on office (92,225 sq.ft.) and retail (70,525 sq.ft.) development along with the stringent development standards approved for the Subdistrict further ensured the development of a mixed use, pedestrian scale project with low intensity commercial uses. • Based on the total existing and potential commercial development within a 3-mile radius of the subject site, there is no additional need for the proposed commercial uses contemplated by this amendment to serve the surrounding residential areas. In addition to commercial opportunities within the Activity Centers, there are over 117 acres of vacant, documented commercial lands available for the stand-alone/pad ready commercial uses proposed. Further, existing commercial acreage is adequate to meet the demand for all types of commercial development, including those proposed by the subject amendment. • The petition's data and analysis attempts to substantiate the need for stand-alone or "pad ready" development for potential national retailers wanting to enter the Collier County commercial market, but fails to do so. - 15- Packet Page-61- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item • Any expansion of commercial development should be driven by the policies and provisions of the — Future Land Use Element, not by speculative development attempting to meet a perceived demand. • Local indicators suggest that new commercial development will continue to be slow within the County, except for the occasional end-user. • Local indicators suggest that residential inventory is decreasing while demand is strong, and interest in multi-family (apartments) is increasing. • As a result of this amendment, there are no significant impacts to public facilities, as defined in the Capital Improvement Element, with respect to Transportation, Potable Water, Sanitary Sewer, Stormwater Drainage and Solid Waste facilities. Staff finds that the data and analysis for the subject Growth Management Plan amendment does not support the proposed changes to eliminate the mixed use development requirement within the Subdistrict and replace it with a high density residential option and/or big-box and/or stand-alone commercial and/or strip-style commercial development. LEGAL CONSIDERATIONS: This Staff Report has been reviewed by the County Attorney's Office and is legally sufficient. /HFAC) STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP-2012-2, as — submitted, to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity. However, staff would recommend transmittal of either of the following two alternatives: ALTERNATIVE 1: MIXED USE 12. Buckley Mixed Use Subdistrict The intent of this Subdistrict, which comprises approximately 21.7 acres, is to provide for a mixed-use development consisting of residential uses and limited small-scale retail, office and personal service uses, built at a pedestrian scale and with pedestrian orientation. The allowable commercial uses are intended to serve existing and future residential development in the immediate area thereby reducing existing trip lengths for small-scale commercial services. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. Residential uses are allowed at a density of 10 dwelling units per acre, calculated based upon the entire Subdistrict acreage, yielding a maximum of 217 dwelling units. c. Commercial uses are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts, except as further restricted herein. d. Commercial uses shall be capped at a maximum of 162,750 square feet of gross floor area. e. Individual commercial users shall not exceed a maximum gross floor area of 15,000 square feet. f. Drive-through establishments shall be limited to a maximum of two, and no such establishment shall have more than three drive-through lanes. All drive-through lanes shall be architecturally integrated into the main building. g. Gasoline service stations, convenience stores, and fast food restaurants are prohibited. - 16- Packet Page -62- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item h. A residential component equal to at least 25% of the allowable maximum density (i.e. 54 dwelling units) must be constructed before completion of an aggregate total of 40,000 square feet of retail, office or personal service uses. i. Residential uses may be in stand-alone buildings or may be integrated into mixed use buildings with commercial uses. Integration of residential and office, retail or personal service uses in the same building is encouraged. j. The Subdistrict shall be developed with a common theme for architecture, signage, lighting and landscaping. k. All buildings shall be connected with pedestrian pathways. I. Pedestrian connections are encouraged to all perimeter properties. ALTERNATIVE 2: RESIDENTIAL/COMMUNITY FACILITY 12. Buckley Subdistrict The intent of this Subdistrict, which comprises approximately 21.7 acres, is to allow for medium density residential development and the non-residential uses as generally allowed in the Urban designation. The development of this Subdistrict will be governed by the following criteria: a. Rezoning is encouraged to be in the form of a PUD. b. The base density allowed is seven (7) dwelling units per acre, by right, calculated based upon the entire Subdistrict acreage, yielding a maximum of 152 dwelling units. c. Other than the base density, the Density Rating System shall be applicable. d. All residential unit types are allowed except mobile homes. e. Non-residential uses are allowed as generally provided for in the Urban designation, e.g. community facilities, essential services, parks, recreation and open space, etc. f. Pedestrian connections are encouraged to all perimeter properties. However, IF the CCPC should determine that this petition, as submitted, provides appropriate data and analysis that warrant a recommendation to approve for transmittal, staff recommends minor modifications to the proposed Subdistrict language as shown below. (Note: single underline text is added, and single ctrike through text is deleted, as proposed by petitioner; double underline text is added, and double s t4r4skogli text is deleted, as proposed by staff.) • In the intent (first) paragraph, insert text (Commercial uses for the purpose of this section are limited to those permitted and conditional uses allowed in the C-1, C-2 and C-3 Zoning Districts except as noted below.) • In existing paragraph g., insert text (No more than -°: e -- - __ __ - __ -e- e- e- - -e - -e - - -- - 50% (up to 81,375 so. ft.1 of the commercial square footage may be constructed as multi-tenant buildings.) • Re-letter paragraphs as necessary to correlate with paragraph deletions. - 17- Packet Page -63- 6/10/2014 9.A. CP-2013-3, Buckley Mixed Use Subdistrict Agenda Item PREPARED BY: �.---U. , r �,-�-1 DATE: e `3 ele R. Mosca,A1CP,�rincipal'Planner Comprehensive/Panning Section Planning and Zoning Department REVIEWED BY: -4- , --Id)- "" DATE: `� David Weeks,AICP, GMP Manager Comprehensive Planning Section Planning and Zoning Department pia - .---7 t REVIEWED BY: ! '` '' ""�_—__` DATE: 9 _ ' Michael Bosi, AICP, Director Planning and Zoning Department Growth Management Division APPROVED BY: .F' ' ,,- ----- DATE: c salanci , mis r ----Growth Management Division PETITION NO. CP-2013-3 NOTE: This petition has been scheduled for the November 12, 2013 BCC Meeting. - 18- Packet Page-64- 6/10/2014 9.A. Comprehensive Planning Memorandum April 12,2013 Sent Via E-Mail Mr.R. Bruce Anderson, Esq. Roetzel and Andress Law Firm 850 Park Shore Drive Naples, FL 34103 and Mr.Tim Hancock Davidson Engineering, Inc. 3530 Kraft Road,Suite 301 Naples,FL 34105 RE Sufficiency Review of Growth Management Plan Amendment Petition PL20120002909/CP- 2013-3, a Growth Management Plan amendment to the Future Land Use Element(Buckley Mixed Use Subdistrict) of the Growth Management Plan to allow for the removal of the physically integrated residential/commercial component, removal of certain development standards, and the addition of up to 3 new drive-through uses. Dear Mr.Anderson and Mr. Hancock: Pursuant to Paragraph B.2. of Resolution #12-234, this letter is to inform you that the referenced application is not sufficient. Below is the list of deficiencies that need to be corrected/addressed. APPLICATION AND EXHIBITS: Each deficiency below corresponds to the application numbers and letters. Generally Revise all text/exhibits/maps to include page numbers I.A. Provide disclosure of interest and authorization documentation for the McGuire Development Company II.D. Provide disclosure of interest and authorization documentation for Celtic Capital 1I.D. Provide documentation that authorizes F.James McGuire to act on behalf of the Airport Pulling Orange Blossom, LLC III.H. Revise to read,"Urban (Urban Mixed Use District, Buckley Mixed Use Subdistrict)" V.A.1 Revise to read, "Please see Exhibit "D" (Location Map) and Exhibit "F" (Zoning Map)" Q Packet Page -65- 6/10/2014 9.A. Sufficiency/Substantive Adoption Memorandum CP-2013-3 Page 2 of 4 V.A.3 Revise to read, "Please see Exhibit "F" (Zoning Map) and Item III.G. of this l` application" V.C.2 Insert reference to Exhibit"H" (Historical and Archaeological Probability) V.D.4 The proposed change in project scale (from a pedestrian oriented -work, five, play-mixed use development) may potentially increase intensify on the site. As a result, provide a quantitative analysis comparing the existing Subdistrict build- out scenario to the proposed build-out scenarios (commercial only project and commercial w/proposed residential unit reduction) V.EI.c Revise Exhibit reference to read, "See Exhibit "N" for the Traffic Impact Statement" V.E.1.d Drainage:Revise narrative to include level of service standard V.E.1.e Solid Waste: Include calculations for existing and proposed conditions (cy/yr) and document proposed change. V.E.1.f Parks:Community and Regional-Provide calculations for existing conditions (326 residential) and proposed conditions (15 residential), and document proposed change. V.E3 Schools,Sheriff, Fire Protection and EMS Services • Schools: Provide public school locations/addresses intended to serve project - elementary, middle and high - provide calculations (based on student generation rates) for existing conditions (326 residential) and proposed conditions (15 residential),and document proposed change. • Sheriff Services: Provide substation location/address intended to serve project, provide calculations for existing conditions and proposed conditions, and document proposed change. • Fire Protection and EMS Services: Provide facility location/address intended to serve project,and provide applicable calculations for proposed conditions. V.F.3 Insert "N/A" and delete reference to "Airport Pulling Rd." as the Traffic Congestion Boundary was eliminated with the adoption of the recent EAR-based amendments to the Future Land Use Element/map Exhibit C Subdistrict Texf Please note that text modifications will be proposed by staff as part of the substantive review of the petition Exhibit I Proximity to Public Services Map: Revise map & map legend to differentiate between public and private schools, and revise map/legend to reflect correct locations of fire,sheriff and EMS facilities (e.g. Pine Ridge, east of Goodlette Rd.is a fire station, not sheriff facility) • 2 G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles& Small Scale Petriions\2013 Cycle I-February\CP-2013-3,Buckley Mixed Use Subdistrict\Sufficiency Reviews\PL20120002909 CP-20133,Sufficiency Letter.docx 410 Packet Page-66- 6/10/2014 9.A. Sufficiency/Substantive Adoption Memorandum CP-2013-3 Page 3of4 • Exhibit 0 Public Facilities • • • Potable Water Include calculations for existing conditions (70,525 sf.shopping center, 46,113 sf. medical-dental office, 46,112 general office bldg. and 326 residential-gpd) and document proposed change. • Sanitary Sewer. Include calculations for existing conditions (70,525 sf.shopping center, 46,113 sf. medical-dental office, 46,112 sf. general office bldg. and 326 residential-gpd) and document proposed change. • Schools: Provide public school locations/addresses intended to serve project - elementary, middle and high - provide calculations (based on student generation rates) for existing conditions (326 residential) and proposed conditions (15 residential), and document proposed change. Data and analysis to support the suitability of land for the proposed use: The existing Buckley Mixed Use Subdistrict was approved to be developed as a pedestrian-friendly, small scale, mixed use development. The development criteria and mix of land uses established within the Subdistrict were specific to achieving the goal of creating a pedestrian oriented,live/work/play community. The proposed amendment changes the original intent, character and design/scale of the approved project.As a result, the following data and analysis should be provided to determine the suitability of the site for the proposed request. • Explain and document how the site is or is not viable as a residential only project • Explain and document how the site is or is not viable for community facility uses and other uses generally allowed in the Urban Mixed Use designation • Provide a market study to justify a commercial only development (since the proposed amendment does not require mixed use development and changes the intent,scale,dev.criteria, etc.) Additional Staff Comments Stephen Lenberaer, Senior Environmental Specialist, Surface Water and Environmental Planning: According to the 1975 aerial on the Property Appraisers website, the subject property was entirely cleared and in agricultural use (row crops) in 1975. The property would therefore qualify for,an exemption for agricultural clearing permit pursuant to 10.02.06 D.1.f LDC. Therefore no native vegetation, if present, would be required to be retained on-site. The property was later converted to a plant nursery. Given the location and present condition of the subject property,listed species are not likely to occur on site. The letter received from the Florida Master Site File, lists no previously recorded historic structures for the subject property. The project would be subject to the accidental discovery of archaeological or historical sites, as required by Conservation and Coastal Management Bement (CCME) Policy 11.1.3. The provision is also included in Subsection 2.03.07 E of the Land Development Code(LDC). 3 G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles& Small Scale Petitions\2013 Cycle 1-February\CP-2013 ,Buckley Moved Use Subdistrict\Sufficiency Reviews\PL20120002909_CP-2013-3,Sufficiency Letter.docx • Packet Page-67- 6/10/2014 9.A. Sufficiency/Substantive Adoption Memorandum CP-20 73-3 Page 4 of 4 Given the above, the proposed GMP amendment will have no affect on the Policies of the Conservation and Coastal Management Dement and therefore can be found to be consistent with the CCME. John Podczerwinsky,Dev.Review Project Manager,Transportation Planning Section: The Traffic Impact Study, dated 2/22/13,is sufficient for staff review. Aaron Cromer,Principal Project Manager,Public Utilities Engineering: Public Utilities staff has no issues with the application at this time. The original application is available for pick-up. Once the petition has been modified to address the above items, please re-submit the original plus four copies, all properly assembled, for a second sufficiency/substantive review. Resolution #12-234 provides 30 days (May 13, 2013) for you to respond to this letter with supplemental data. Should you have questions and/or wish to schedule a meeting with staff to discuss the sufficiency comments, please contact me at 239.252.2466 or via email at michelemosca @collieraov.net. Regards, •ichele R��•sca,MCP Oft Principal anner cc: Michael Bosi, AICP,Interim Planning and Zoning Director David Weeks,AICP,Growth Management Plan Manager,Comprehensive Planning Section CP-2013-3 File 4 G:\IDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2013 Cycles& Small Scale Petitions\2013 Cycle 1-February\CP-2013-3,Buckley Mixed Use Subdistrict\Sufficiency Reviews\PL20120002909_CP-2013-3,Sufficiency Letter.docx 410 Packet Page-68- 6/10/2014 9.A. . Co1��er Ca1•s.H.-t '4.`1 Comprehensive Planning Memorandum July 22,2013 Sent Via E-Mail Mr.R. Bruce Anderson, Esq. Roetzel and Andress Law Firm 850 Park Shore Drive Naples, FL 34103 and Mr.Tim Hancock Davidson Engineering,Inc. 3530 Kraft Road,Suite 301 Naples, FL 34105 RE: Substantive Review of Growth Management Plan Amendment Petition PL20120002909/CP-2013-3, a Growth Management Plan amendment to the Future Land Use 411- Element (Buckley Mixed Use Subdistrict) of the Growth Management Plan to eliminate the physical integration of residential development within commercial buildings; establish a ratio of 15 residential units or 7,500 square feet of commercial activity for each acre of land in the Subdistrict and prohibit the development of both uses on the same parcel; revise certain development standards; limit multi-tenant commercial buildings to no more than 50 percent of the built square footage; eliminate the maximum size of the footprint for commercial buildings; and, combine the existing office (4,250 sq. ft.) and retail (3,250 sq. ft.) square feet per acre-cap to allow for up to 7,500 sq. ft. per acre or up to 162,750 sq. ft. of Commercial Professional /General Office (C-1), Commercial Convenience (C-2) and Commercial Intermediate (C-3) uses. Dear Mr.Anderson and Mr. Hancock: The purpose of this letter is to inform you that the following substantive items should be addressed prior to staff's analysis and formulation of a recommendation fo the Collier County Planning Commission. DATA AND ANALYSIS TO SUPPORT THE SUITABILITY OF LAND FOR THE PROPOSED USE: Staff's initial Sufficiency comments and data request are noted below in bold text, followed by the agent's response in italicized text, and further followed by staff's second /follow-up request for supporting data in bracketed [bold] text,which is based on the May 14, 2013 meeting with both of you and the June 18, 2013 responses from Tim. The existing Buckley Mixed Use Subdistrict was approved for a pedestrian-friendly, small scale, mixed use residential/commercial project. The development criteria and mix of land uses • Packet Page -69- 6/10/2014 9.A. Substantive Transmittal Memorandum CP-2013-3 Page 2 of 4 established within the Subdistrict were specific to achieving the goal of creating a pedestrian oriented,live/work/play community. The proposed amendment changes the original intent, character and design/scale of the approved project. As a result,the following data and analysis should be provided to determine the suitability of the site for the proposed request. (1) Staffs request, dated April 12,2013: Explain and document how the site is or is not viable as a residential only project. Applicant's response, dated June 18, 2013: The property dimensions, having a significant amount of frontage on Airport Road with a minimal amount of depth (500') make the site difficult from a site development perspective to create a high qualify residential development in this location. Conversely, the site dimensions lend themselves very well to commercial development. A low density residential project in this area would be unable to buffer itself adequately and would represent a substantial devaluation in comparison to the existing approved level of development. [Staffs follow-up request Provide justification for a high density residential only development on the subject site, as the proposed Subdistrict allows for up to 15 dwelling units per acre, and is not limited to low density residential as noted within the June 18, 2013 response.] (2) Staff's request, dated April 12, 2013: Explain and document how the site is or is not viable for community facility uses and other uses generally allowed in the Urban Mixed Use designation Applicant's response, dated June 18, 2013: While the site could physically accommodate some Community Facility Uses such as a church or an assisted living facility, both uses would represent a devaluation in comparison to the existing,approved level of development. What distinguishes the proposed plan of development from the existing one is the opportunity to respond to the current market conditions which supports commercial land uses That cater to 'end users' as opposed to retail space in a traditional shopping center. Requiring that the property be developed for only CF type uses would significantly limit the potential development scenarios well beyond what is already permitted on the site. [Staffs follow-up request Quantify the "devaluation" resulting from the development of a community facility use or other uses allowed in the Urban Mixed Use designation in comparison to the existing approved uses within the Subdistrict, i.e. if the existing Subdistrict uses, development standards, and commercial sq. ft. allocations are not currently viable on the site, then quantify how a potentially viable CF use results in a "devaluation."] 2 G:\CDESPL-1\COMPRE-1\COMPPL-1\COMPPL-1\2013CY-1\2013CY-1\CP-201-2\SUESTA-1\PL20120002909 CP-2013- 3,Sufficiency_Substantive Review Letter.docx • Packet Page-70- 6/10/2014 9.A. Substantive Transmittal Memorandum CP-2013-3 Page 3 of 4 (3) Staff's request, dated April 12, 2013: Provide a market study to justify a commercial only development(since the proposed amendment does not require mixed use development and changes the intent, scale, development criteria, etc.) Applicant's response, dated June 18 2073: In lieu of a market study, the applicant has chosen to limit the commercial development opportunities by requiring that nor more than 50% of the developed commercial square footage be located within multi-tenant space. Unlike traditional shopping centers which have current vacancies in the immediate area, there is a lack of supply of 'pad ready'development for newcomers to the commercial market. For example, within one mile of the subject property (please see Exhibit `Q'Commercial and PUD properties map), there are no undeveloped parcels available that would allow for stand-alone commercial development of C-3 or C-4 intensity. Few opportunities exist even extending out to three miles from the subject property and no such undeveloped parcels exist currently along the Airport Road corridor. Many national retailers look to either own or enter a long term land lease in order to establish new locations. While ample opportunities may exist with respect to potential sites for churches, ALF's and residential-only projects in the immediate area, a lack of pad-ready commercial sites exists. [Staff's follow-up request: (1) provide a market study to demonstrate the need for up to an additional 92,225 sq. ft. of retail uses within the surrounding area (retail uses are presently capped at 70,525 sq. ft. in the approved Subdistrict); (2) provide a listing of national retailers with a commercial intensity of no greater than the County's C-2 and C-3 commercial zoning districts that are stand-alone developments; (3) substantiate the assertion that there is a "lack of pad-ready commercial sites" and "lack of supply of`pad ready' development for newcomers to the commercial market" i.e. if there's a lack of supply then there's an associated demand figure - accordingly, please provide the demand figure and supporting data specifically for these types of uses; and, (4) revise Exhibit "Q" to include all vacant commercial sites within the 1 to 3-mile radial distance from the subject site-for example, staff has identified that the Pine Ridge Commons site was not included within the Exhibit.] Additional Staff Comments: John Podczerwinsky,Dev. Review Project Manager,Transportation Planning Section: Review has not yet been completed as of the date of this letter. Kris VanLenaen, Principal Project Manager, Public Utilities Engineering: The subject property is located within the Collier County Water Sewer District. These services are available in sufficient quantity and at a location to accommodate development. Moreover,the change in the intensity of uses as allowable through this Growth Plan Amendment does not create a significant impact to either the water or the wastewater system. 3 G:\CDESPL-1\COMPRE-1\COMPPL-1\COMPPL-1\2013CY-1\2013CY-1\CP-201-2\SUBSTA-1\PL20120002909 CP-2013- 3,Sufficiency Substantive Review Letter.docx S Packet Page-71- 6/10/2014 9.A. Substantive Transmittal Memorandum CP-2013-3 Page 4 of 4 -- After the petition has been modified to address the above items, please re-submit two copies, all properly assembled, for a final substantive review. The resubmittal must be received no later than August 9. 2013 in order to meet the current hearing schedule deadlines. Should you have questions and/or wish to schedule a meeting to discuss staff comments, please contact me at 239.252.2466 or via email at michelemosca @colfieroov.net. Regards, .-0- ele i o _ _ / Princi.. Planner c v. Michael Bosi,AICP, Planning and Zoning Director David Weeks,AICP, Growth Management Plan Manager,Comprehensive Planning Section CP-2013-3 File 4 G,\CDESPL-1\COMPRE-1\COMPPL-1\COMPPL-1\2013CY-1\2013CY-1\CP-201-2\SUBSTA-1\PL20120002909_CP-2013- 3,Suffidency_Substantive Review Lefter.docx • Packet Page-72- 6/10/2014 9.A. NAPLES DAILY NEWS K Wednesday,May 21,2014•19A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCE • Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tuesday,June 10,2014 in the Board of County Commissioners Chambers,Third Floor,Collier County Government Center,3299 Tamiami Trail East,Naples,FL.The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity (DEO), the transmittal of an adoption amendment of the 2013 Cycle 1 Growth Management Plan Future Land Use Element and the Future Land Use Map and Mao Series(FLUE/FLUM).The ORDINANCE title is as follows: ORDINANCE 14- AN ORDINANCE AMENDING ORDINANCE 89-05,AS AMENDED,THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO ALLOW THE URBAN RESIDENTIAL FRINGE PORTION OF THE NAPLES RESERVE RESIDENTIAL PLANNED UNIT DEVELOPMENT TO UTILIZE TRANSFER OF DEVELOPMENT RIGHTS FROM ANY LANDS DESIGNATED AS SENDING LANDS WITHIN THE RURAL FRINGE MIXED USE DISTRICT,AND PROVIDING FOR TRANSMITTAL OF THE ADOPTION AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1-1/2 MILES EAST OF COLLIER BOULEVARD AND ONE MILE NORTH OF US 41-IN SECTION 1,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, CONSISTING OF 668 ACRES.[PL20130000139/CP-2013-1] • 35 30 CRS 31 32 PROJECT LOCATION .Root z B 5 • • • m.c \ ru�rz 11eFY11K MRS 6 I 4505 l,Y C1f♦3K RTAT[5 tai\ All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday • through Friday.Furthermore,materials will be made available for inspection at the Collier County Clerk's Of• fice,Fourth Floor,Collier County Government Center,3299 Tamiami Trail East,Suite 401,Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Com- prehensive Planning Section of the Planning&Zoning Department.Written comments filed with the Clerk to the Board's Office prior to Tuesday,June 10,2014,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 Commissicaers • 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 proceed-. ing,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 hear- ing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) No.231130877 Mavzi•z Packet Page-73- ma 6/10/2014 9.A. • • 'NAPLES DAILY NEWS ( Wednesday,.May 21,2014 a 19A • PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE ' NOTICE OF PUBLIC HEARING AND 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,June 10,2014 in the Board of County Commissioners Chambers,Third Floor,Collier'County Government Center,3299 Tamiami Trail East,Naples,FL.The meeting will commence at 9:00 A.M. The purpose of the hearing Is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity(DEO),the transmittal of adoption amendments of the 2013 Cycle 1 Growth Management • Plan Future Land Use Element and the Future Land Use Map and Map Series(FLUE/FLUM),and to consider a recommendation to adopt changes to the Buckley Mixed Use Planned Unit Development(MPUD).The.ORDINANCE titles are as follows: ORDINANCE NO.14- AN ORDINANCE AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH.MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE THE BUCKLEY MIXED USE SUBDISTRICT OF THE URBAN MIXED USE DISTRICT TO REMOVE THE OFFICE AND RETAIL CAPS AND ALLOW UP TO 7,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES PER ACRE OR 11 RESIDENTIAL DWELLING UNITS PER ACRE,TO MAKE RESIDENTIAL DEVELOPMENT OPTIONAL,TO PROHIBIT COMMERCIAL AND RESIDENTIAL USES ON THE SAME PARCEL,TO UMIT MULTI-TENANT COMMERCIAL BUILDINGS TO NO MORE THAN 50%OF THE COMMERCIAL SQUARE FOOTAGE,TO REVISE DEVELOPMENT STANDARDS INCLUDING THE CAP ON THE SIZE OF THE FOOTPRINT OF COMMERCIAL BUILDINGS,AND PROVIDING FOR TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD AND APPROXIMATELY 330 FEET NORTH OF ORANGE BLOSSOM DRIVE IN SECTION 2,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 21.70 ACRES. [PL20120002909/CP-2013-3] AND: • ORDINANCE NO.14- . 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 ESTABUSHED 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 PROJECT PREVIOUSLY KNOWN AS THE BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT(MPUD)TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WHICH WILL CONTINUE TO BE KNOWN AS THE BUCKLEY PUD,TO ALLOW A MAXIMUM OF 239 RESIDENTIAL UNITS,WITH NO REQUIREMENT FOR WORKFORCE HOUSING UNITS AND UP TO A MAXIMUM OF 162,750 SQUARE FEET OF GROSS FLOOR SPACE OF RETAIL,OFFICE AND SERVICES USES,INCLUDING PERMISSIBLE AND CONDITIONAL USES IN THE C-1,C-2 AND C-3 ZONING DISTRICTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST QUADRANT OF THE INTERSECTION OF AIRPORT-PULUNG ROAD(CR 31)AND ORANGE BLOSSOM DRIVE IN SECTION 2,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 21.7+/-ACRES;PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 05-05,THE FORMER BUCKLEY MPUD;AND BY PROVIDING AN EFFECTIVE DATE. [(PUDZ- A-PL20120002906] PELICAN < BRA pals . MARSH pp PELICAN - tORI) o"i NABS -.. 35 Mel) 'i $ 31 YMLONEENB 36 y NLWRRE 7.L O PELICAN l LAKES T . MARKER LIKE . MElA4 VENETIAN W 8W=. A•_- VANDERBILT BEACH ROAD I . •I MNEYARDS `°'A'' 3 m .- PROJECT ` AROE 'Neu=LOCATION LIEAD ra ';TRUS S • LAMES r „E,�Ca"sN 2 SE ' oacNN p„T E ' • � " SIENA , . rAa LANES a .. SLEEPY • u n e LO NAMEEW FIRST BAPTIST NOLLOM Bart W t� LONE CMIROI Y�R. - - . OAK KEYSTONE PLACE RLLLOw MARK All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Or., Naples,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,Collier County Government Center,3299 Tamiami Trail East,Suite 401,Naples,FL,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the - Comprehensive Planning Section of the Planning&Zoning Department Written comments filed with the Clerk to the Board's Office orbit)Tuesday,June 10;2014,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'Coltier 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 COLUER COUNTY,FLORIDA TOM HENNING,CHAIRMAN . ' -• •DWIGHT E.BROCK,CLERK .• By: Ann Jennejohn Deputy Clerk(SEAL) - - • No.402148051 Miry 21.2014 - • Packet Page-74- • . ::,.: . .. .