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Agenda 01/08/2013 Item # 9C 1/8/2013 Item 9.C. EXECUTIVE SUMMARY Recommendation to approve a "small-scale" amendment to the Golden Gate Area Master Plan Element of the Growth Management Plan, Ordinance 89-05, as amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners (BCC) to review the proposed "small- scale" Growth Management Plan amendment and consider adoption and transmittal to the Florida Department of Economic Opportunity (DEO). CONSIDERATIONS: The subject petition is submitted as a "small-scale" comprehensive plan amendment. Per Florida Statutes, this request requires only one public hearing before the Board of County Commissioners. If approved by the BCC, the petition shall be transmitted to the Department of Economic Opportunity. Note: Because the support materials are voluminous, the Agenda Central system does not contain all of the related documents pertaining to this GMP amendment petition. The entire Executive Summary package, including all support materials, is included in the binders provided separately to the BCC for the 2012 cycle of GMP amendment petitions and the subject 2011 "small scale" GMP amendment. 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. Pursuant to Chapter 163.3187, F.S., there are limitations for this type of amendment—as identified below, followed by staff comments in[brackets]. 1. Parcel must be 10 acres or less in size [The project site is+9.64 acres]. 2. The annual cumulative acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year [In calendar year 2012, the total cumulative acreage for all small-scale development amendments, including the proposed amendment, is±19.64 acres]. 3. No text change to the goals, objectives and policies; only a site specific small-scale land use change to the future land use map shall be permitted. However, a text change related directly to, and adopted simultaneously with, a small-scale future land use map change amendment shall be allowed. [The proposed text change is directly related to, and is proposed to be adopted simultaneous with, a small-scale future land use map amendment]. 4. The subject site shall not be located within an area of critical state concern, unless the proposed amendment involves the construction of affordable housing units — subject to criteria[The subject site is not located within an area of critical state concern]. This petition seeks to: add +2.8 acres to the existing ±6.84 acre infill property located at the northwest corner of the intersection of Santa Barbara Boulevard and Golden Gate Parkway; add Packet Page -371- 1/8/2013 Item 9.C. senior housing uses; eliminate 30,000 square feet of commercial office uses; and, revise development standards. Findings and Conclusions: • The proposed request to expand the existing Subdistrict by 2.8+ acres to allow group housing uses and the retention of up to 5,000 square feet of commercial development is inconsistent with Policy 5.2.3 of the GGAMP, which prohibits new conditional (and commercial) uses on properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. However, according to the applicant, the inclusion of the 2.8+ acres is needed in order for the Group Housing development to be viable at the proposed location. Additionally, approximately 1.63 acres of the proposed addition is dedicated to water management, preserve and landscape buffer areas. Further, staff concurs with the applicant that there is a demonstrated need for the proposed group housing use within this area. • The market analysis submitted with the application indicates that the project's market area is presently underserved by as many as 442 Assisted Living Facility (ALF) and 429 Alzheimer's units; and, the projected demand will reach approximately 612 ALF and 613 Alzheimer's units by year 2015. • The proposed development of approximately 120 ALF (92) and Alzheimer's care units (28) will meet a portion of the unmet senior group housing need within the area proximate to the site, and afford area residents an opportunity to house aging family members in close proximity to their primary residences. • There are other similar-sized parcels within the project's market area; however, none are centrally located like the subject site. • The proposed facility's location proximate to existing residential will likely reduce vehicular trips on the surrounding roadways, and provide additional professional medical employment and service personnel jobs within the area. • The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. An affirmative vote of four is needed for Board approval. --HFAC GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for Transmittal to the Florida Department of Economic Opportunity will commence the thirty-day (30) challenge period for any affected person. Provided the "small-scale" development amendment is not challenged, it shall become effective thirty-one days (31) after Board adoption. ENVIRONMENTAL ISSUES: The subject site has no special environmental concerns associated with the expansion of the proposed Subdistrict. Further, as part of the process of obtaining subsequent development orders (e.g. site development plan), the retention of native vegetation shall Packet Page-372- 1/8/2013 Item 9.C. be required in accordance with the Conservation and Coastal Management Element. Additionally, a preserve management plan, including habitat management for listed species (Big Cypress fox squirrels), if required, shall be included with the Site Development Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: The subject site is not identified on the County's Historical/Archeological Probability Maps as being in an area of historical or archaeological probability, and the Florida Depai tment of State is of the opinion that the site does not appear eligible for listing on the National Register of Historic Places. STAFF RECOMMENDATION: That the CCPC forward petition CPSS-2011-2 to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard Petition CPSS-2011-2 at their November 1, 2012 meeting. The CCPC voted 7-1 to forward the subject petition to the BCC with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity, subject to limiting the total project square feet to 70,000 sq. ft., including allowing up to 5,000 sq. ft. of medical office uses. Speakers: There were two public speakers. Both speakers own residences north and east of the subject petition. These property owners expressed concern about noise, odor, intensity, increased traffic and their desire for the subject site to be limited to the existing commercial office land uses. Prepared by: Michele Mosca, AICP, Principal Planner, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CPSS-2011-2 CCPC Staff Report; and, 2) CPSS-2011-2 Ordinance with Exhibit "A"Map Executive Summary Transmittal 2011 Cycle GMPAs G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12011 SS Petitions\BCC Adoption mm/1-B-13 3 Packet Page -373- 1/8/2013 Item 9.C. COLLIER COUNTY Board of County Commissioners Item Number: 9.C. Item Summary: Recommendation to approve a "small-scale" amendment to the Golden Gate Area Master Plan Element of the Growth Management Plan, Ordinance 89-05, as amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) Meeting Date: 1/8/2013 Prepared By Name: MoscaMichele Title: Planner, Principal,Comprehensive Planning 12/13/2012 10:47:55 AM Submitted by Title: Planner,Principal,Comprehensive Planning Name: MoscaMichele 12/13/2012 10:47:57 AM Approved By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 12/20/2012 10:51:37 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/20/2012 1:17:50 PM Name: WeeksDavid Title: Manager-Planning,Comprehensive Planning Date: 12/20/2012 1:27:30 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 12/20/2012 4:48:12 PM Packet Page -374- 1/8/2013 Item 9.C. Name: AshtonHeidi ' Title: Section Chief/Land Use-Transportation,County Attor Date: 12/27/2012 9:34:39 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 12/27/2012 10:33:19 AM Name: KlatzkowJeff Title: County Attorney Date: 12/27/2012 10:38:35 AM Name: OchsLeo Title: County Manager Date: 12/31/2012 10:34:34 AM Packet Page -375- 1/8/2013 Item 9.C. Agenda Item YA yirntY STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 20, 2012 RE: PETITION CPSS-2011-2, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Joseph A. Rosin Naples Venture II, LLC and Naples Venture III, LLC 4951 Tamiami Trail North, Suite 11 Naples, FL 34103 Owners: Naples Venture II, LLC 4951 Tamiami Trail North, Suite 11 Naples, FL 34103 (Tract 112, Unit 30, GGE) Marvin E. Smith 5715 Golden Gate Parkway Naples, FL 34116 (E. 180 ft. of Tract 98, Unit 30, GGE) I. GEOGRAPHIC LOCATION: The subject properties, comprising 9.64+ acres, are located in Golden Gate Estates at the northwest corner of the Santa Barbara Boulevard/Golden Gate Parkway intersection, in Section Packet Page-376- 1/8/2013 Item 9.C. Agenda Item 9A 29, Township 49 South, Range 26 East, located within the Golden Gate Planning Community. _ ,,.., ,...,.., ildier ,... 1.1,- ' ' '1" a „ kr- 4, ----1, , ' --■.- , ' 7 t, 47 g1 ID r1 i troposgd + ----CPUD Project Site -* cottkAtts g i . SANTA 0,77BARA OLDEN GATE PARKWAY b 1-, t? _ 7 cL143 . 1 ..._. r u ,. 115 — - f II. REQUESTED ACTION: The applicant seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land Use Map and the Golden Gate Estates Commercial Infill Subdistrict Map by: 1. Expanding the Golden Gate Estates Commercial Infill Subdistrict within the Estates - Commercial District by 2.8+ acres and providing for the proposed land use and development standards changes; 2. Amending Policy 5.2.3 to allow the subject request — the expansion of the Golden Gate Estates Commercial Infill Subdistrict by 2.8+ acres; 3. Amending the Conditional Uses Subdistrict, Golden Gate Parkway and Collier Boulevard Special Provisions Section, to provide for an exception for the subject Subdistrict; and 4. Revising the Future Land Use Map and the Golden Gate Estates Commercial Infill Subdistrict Map—to depict the expansion area and change in Subdistrict name. The proposed amended Subdistrict text is as follows: (Single underline text is added, single stFiketlar-e4.944 text is deleted — as proposed by the petitioner and as modified by staff. Staff and the petitioner are in agreement with the proposed text changes to the Subdistrict, with the exception of the double underlined and double strike tl4rosisisjii text within provisions f)4. and f) 8. 2. ESTATES DESIGNATION B. Estates —Commercial District 5. Golden Gate Estates Commercial and Institutional Infill Subdistrict [revised text, page 46) This Subdistrict consists of two infill areas. The two areas are located at the northwest ,*4 corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial and Institutional In-fill Subdistrict (see Packet Page-377- 1/8/2013 Item 9.C. Agenda Item 9A Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial and Institutional Infill Subdistrict Map) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91- 102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this Subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard (properties include the East 180 feet of Tract 98, Unit 30 and Tract 112, Unit 30, Golden Gate Estates), less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: 12. Permitted tland uses shall be fectricted-#a of+ses--enly limited to Group Housing for seniors, including Independent Living Units, Assisted Living Units, Continuing Care Retirement Communities, Skilled Nursing Facilities, and similar uses, not to exceed a maximum F.A.R. of 0.45: and medical office use, not to exceed 5,000 square feet. 23. All principal structures shall be required to have a minimum setback of ene-hundred {100)fifty (50)feet from the project's northern and southern boundary. - -- -- -- - -, - -- - •• - --_-. Buffers: the following minimum proiect buffers, as set forth in Section 4.06.02 of the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect (as of the date of adoption of this amendmentl, shall be provided. West: 25' wide type C. North: 25' wide type C. East: 25' wide type D. South: 25' wide type D. 3 Packet Page-378- 1/8/2013 Item 9.C. • Agenda Item 9A 4. Native vegetation shall be retained within the project buffers on the northern and western project boundaries, a except as may be necessary for exotic vegetation removal, and for constru ction of the privacy wall_Bjj Rewheiami supplemental plantings required by the Land Development Code shall be native species. The northern buffer adjacent to the southern boundary of Tract 111, Golden Gate Estates, Unit 30, may also be utilized for the native vegetation preservation requirements for the project and shall include a concrete or pre-cast concrete privacy wall at a minimum of 6 feet in height, which shall be located on the southern boundary of the buffer/preserve. No setback from the buffer/preserve shall be required for this wall. The North 330 feet of Tract 98, Unit 30, GGE, shall be limited to native preserve and water management areas, except that a vehicular drive and/or wall may be located within this area. Native vegetation preservation areas may be utilized for water management purposes, when it can be demonstrated that the use for water management will not be harmful to the native vegetation, as provided for in Policy 6.1.1 of the Conservation and Coastal Management Element. A -. . _ _ - - _ - - ' - - - - - - - - -- - -- - - -- ' - - - --- -- • -- --- - - - •- -- - - 58. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 69. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35)feet. 74-0. All lighting facilities shall be architecturally designed, and limited to a height of twenty-five (25) fee-, Such lighting facilities shall be and shielded from neighboring residential land uses. 844. There shall be no ingress or egress on Santa Barbara Boulevard. However, this shall not preclude future access to Santa Barbara Boulevard via a frontage road or access easement • - • , •f - b'-� -. 4 Packet Page -379- 1/8/2013 Item 9.C. Agenua item urn The proposed change to the Policy 5.2.3 is as follows: Policy 5.2.3: [revised text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not apply to the Golden Gate Estates Commercial and Institutional Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. The proposed change to the Conditional Uses Subdistrict, Golden Gate Parkway and Collier Boulevard Special Provisions as follows: b) Golden Gate Parkway and Collier Boulevard Special Provisions [revised text, page 32] +r** ,e,o-e,r *,►*,riei.+.*,t,k**+r,r*r,e,rr r,r,k******Text Break • Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. • Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. This provision shall not be construed to affect the area described in Paragraph a), above. III. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting approval to expand the Golden Gate Estates Commercial Infill Subdistrict by 2.8+ acres; revise the Subdistrict name to "Golden Gate Estates Commercial and Institutional Infill Subdistrict"; allow Group Housing for seniors, including: Independent Living Units, Assisted Living Units, Continuing Care Retirement Communities, Skilled Nursing Facilities, and similar uses — not to exceed a maximum F.A.R. of 0.45; allow medical office use — not to exceed 5,000 square feet ;and, modify development standards. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject request includes 2 parcels in Unit 30, Golden Gate Estates: • Tract 112 is approximately 6.84 acres and undeveloped; zoned PUD (Colonnades at Santa Barbara Commercial Planned Unit Development) with an approval for up to 27,000 square feet of office development, with a Corridor Management Overlay (CMO) on a portion of the site; and designated Estates — Commercial District, Golden Gate Estates Commercial Infill Subdistrict on the GGAMP Future Land Use Map. 5 Packet Page -380- 1/8/2013 Item 9.C. Ayw iva !Mil! Vr • Tracts 98 is approximately 2.8+ acres and developed with a single-family home; zoned E, Estates, with a CMO on a portion of Tract 98; and designated Estates Mixed Use District, Residential Estates Subdistrict on the GGAMP Future Land Use Map. Surrounding Land Uses: North: Developed, single family residences; zoned E, Estates; and designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. South: Across Golden Gate Parkway, developed, single family residences and a church; zoned E, Estates, with a CMO on a portion of the properties, and with a Provisional Use for a church; and, designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. West: Developed, single family residence; zoned E, Estates, with a CMO on a portion of the property; and designated Residential Estates Subdistrict on the GGAMP Future Land Use Map. East: Across Santa Barbara Boulevard, developed, shopping center; zoned C-4, General Commercial; designated Urban — Mixed Use District, Urban Residential Subdistrict; and residential multi-family units, zoned RMF-6 and RMF-12, Residential Multi- family (6 and 12 units/acre); and designated Urban — Mixed Use District, Urban Residential Subdistrict. V. BACKGROUND AND ANALYSIS: 1) Background: • Previous Site Approvals/Denials — In 1999, a portion (6.84+ ac.) of the site was the subject of a Growth Management Plan amendment (GMPA) request (Petition CP-99-2) for retail and office uses; the BCC did not approve the petition. In 2000, a revised version of the 1999 petition, with additional retail uses, was submitted (Petition CP-2000-7); the BCC approved the petition, but limited development to office uses only. (This 6.84+ acre parcel is presently zoned PUD, Colonades at Santa Barbara.) In 2005, the project site (plus Tracts 111 and the West 150 feet of Tract 98, Unit 30, GGE) was the subject of a GMPA request (Petition CP- 2005-5) to expand the Subdistrict by 11.6± acres, to allow up to 115,000 square feet of intermediate commercial and general office uses and allow residential uses at 15 dwelling units per acre; the BCC did not approve the petition. • Golden Gate Area Master Plan (GGAMP) — Locational criteria limiting commercial and conditional use development in the Estates designation were established with the adoption of the GGAMP in the Growth Management Plan in 1991: GGAMP— 1991 • Commercial development was limited to Estates Neighborhood Centers, site-specific commercial subdistricts, and existing commercially zoned lands. • Conditional use development, except essential services, was limited to Estates Neighborhood Centers, infill development on Golden Gate Parkway and on the west side of C.R. 951, and transitional areas— adjacent to certain non-residential uses. 6 Packet Page -381- 1/8/2013 Item 9.C. Agenda Item 9A 1-75 Interchange and surrounding land uses • Resulting from the State's approval to fund and construct the 1-75 Interchange at Golden Gate Parkway, the Board of County Commissioners (BCC) approved Resolution 2001- 56 establishing an Ad Hoc Advisory Committee to provide recommendations on the appearance and landscaping of the interchange. The Committee was specifically tasked with creating an "overlay" district for the interchange to, minimize impacts to property owners, preserve the residential character of the area, and establish landscaping provisions consistent with creating a "gateway" into Naples and Golden Gate. GGAMP Re-study Committee — GGAMP Policy 5.2.3 and revisions to the Estates, Conditional Uses Subdistrict: • The GGAMP Re-study Committee was formed, in part, to study the land use needs of the Golden Gate Community, such as commercial, community facility and institutional uses. County staff worked with the Committee to identify appropriate areas to locate new commercial development and conditional uses within the Estates and Golden Gate City. Committee recommendations to the BCC included added provisions for conditional use development, expansion and creation of Neighborhood Centers within the Estates, and the expansion and creation of commercial/mixed-use subdistricts within Golden Gate City. The Re-study Committee also identified areas that were inappropriate for new commercial and conditional use development. One such area identified by the Committee was the Golden Gate Parkway corridor, between Livingston Road and Santa Barbara Boulevard. In 2003, the Re-study Committee met with "I-75/Golden Gate Parkway" Ad hoc Committee members to discuss desired land uses for the area surrounding the interchange. As a result, the Re-study Committee recommended to the BCC provisions that would prohibit new commercial and conditional use development along Golden Gate Parkway in the Estates. Committee recommendations for expanded commercial and conditional use opportunities and the restriction of these uses in certain areas governed by the Master Plan were adopted by the BCC in 2003 and 2004, as part of the Phased Re-study Amendments to the GGAMP. GGAMP—Present • Commercial development is limited to Neighborhood Centers, site-specific commercial subdistricts, and existing commercially zoned properties. • Conditional use development, except essential services and model homes, is limited to Estates Neighborhood Centers, infill development on the west side of C.R. 951 and transitional areas — adjacent to certain non-residential uses or adjacent to Neighborhood Centers, and two site-specific locations — one on the west side of C.R. 951 and one on the south side of Golden Gate Parkway. 7 Packet Page-382- 1/8/2013 Item 9.C. Agenda Item 9A 2) Environmental Impacts: The environmental report prepared by Boylan Environmental Consultants, Inc. and submitted with this petition, dated April 20, 2011, indicates the following: • The subject site consists of a residential use, pine flatwoods, Brazillian Pepper, drained Cypress wetlands, and disturbed lands. Vegetation on site includes slash pine (Pinus elliottii), cypress trees (Taxodium distichum), Dahoon holly, and cabbage palms (Sabal palmetto). The properties contain hydric and non-hydric soils. • The subject site does not exhibit wetland characteristics. No hydrologic indicators were present onsite. • The listed species survey conducted concluded that there were five potential Big Cypress Fox Squirrel day beds observed onsite. Prior to site clearing, the site will be resurveyed for stick nests to determine if Big Cypress Fox Squirrels are actively nesting on the property. If determined to be actively nesting, no clearing or construction shall occur within 125 feet of the tree or distance approved by the Florida Wildlife Commission (FWC) guidelines until the nesting is deemed completed and approved by the FWC or County staff. A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report and provided the following comments: • No special environmental concerns are associated with the establishment of the Subdistrict on the proposed site. • Native vegetation retention shall be determined at the time the property is rezoned, in accordance with the Conservation and Coastal Management Element. Additionally, a preserve management plan, including habitat management for listed species (Big Cypress fox squirrels), if required, shall be included with the Site Development Plan. Historical and Archeological Impacts: • The Florida Master Site File lists no previously recorded cultural resources in Section 29, Township 49 South, Range 26 East, Collier County, Florida. Additionally, because of the project location and/or nature it is unlikely that any such [historic or archaeological] sites will be affected. The Florida Department of State is of the opinion that the proposed project will have no effect on historic properties listed, or eligible for listing, in the National Register of Historic Places. 3) Transportation Element/Traffic Impacts: A Project Manager with the Collier County Transportation Planning Section reviewed the Transportation Impact Statement (TIS) and TIS Addendum, and provided the following comments: • Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) addendum and has determined that the proposed Growth Management Plan Amendment proposes a less intense use than what is currently allowed by the Growth Management Plan. As such, the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period, and the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) without mitigation. 8 Packet Page -383- 1/8/2013 Item 9.C. Agenda Item 9A • Golden Gate Parkway Impacts: The first concurrency link that is impacted by this project is link 21, Golden Gate Parkway, between Santa Barbara Boulevard and 1-75. The project generates 31 PM peak hour, peak direction trips, which represents a 0.8% impact. This segment of Golden Gate Parkway currently has a remaining capacity of 1,882 trips, and is currently at LOS "C" as reflected by the 2011 AUIR. This roadway segment is located within the East Central TCMA, in which 90% of the lane miles currently meet the minimum standard. There are no subsequent links significantly impacted. 4) Additional Public Facilities Impacts: • Water and Wastewater: The subject project will be served by Florida Government Utility Authority. The anticipated demand for potable water and wastewater for the project is 14,685 gallons per day. • Solid Waste: The service provider is Collier County Solid Waste Management. The 2011 AUIR identifies that the County has sufficient landfill capacity up to the year 2041 for the required lined cell capacity. The project construction time line is approximately 12 to18 months. • Drainage: The Subdistrict is located in Flood Zone X. Future development is expected to comply with the SFWMD and/or Collier County rules and regulations that assure controlled accommodation of storm water events by both on-site and off-site improvements. • Parks and Recreational Facilities: No adverse impact to park facilities is expected as a result of this project. • Schools: There will be no students generated from the proposed development. • EMS, Fire, Police and County Jail: The subject project is located within the Golden Gate Fire District. The nearest fire station and EMS services and sheriffs substation are located on Golden Gate Parkway, approximately one mile east of the project site. The expansion of the Subdistrict with the proposed group housing units is anticipated to have minimal impacts on these safety services and jail facilities. 5) Appropriateness of Change, Justification, Needs Analysis, and Compatibility: • Appropriateness of Change: Estates designated properties located along collector and arterial roadways are increasingly being targeted for non-residential development — commercial, community facilities and institutional uses. County staff regularly receives inquiries about changing the Growth Management Plan to allow these land uses on properties located within the Estates Mixed Use District, Estates Residential Subdistrict — primarily intended for low density residential development. As demand for these non-residential uses increases, local government must be responsive to the community's needs while preserving the community's overall vision as expressed through the Golden Gate Area Master Plan (GGAMP). Relevant to the subject Petition, the I- 75 Interchange at Golden Gate Parkway was, in part, approved and constructed to alleviate traffic congestion at other interchanges in the County. The resulting impacts from the approval — noise, increased traffic volumes, right-of-way acquisition, and potential commercialization of Golden Gate Parkway — was realized immediately by surrounding residents. The Board of County Commissioners (BCC) responded by establishing a committee to provide recommendations on the appearance and landscaping of the interchange with the intent of preserving the residential character of the area and minimizing 9 Packet Page -384- 1/8/2013 Item 9.C. Agenda Item 9A impacts to property owners. Additionally, County staff worked with the community via the GGAMP Re-study Committee to recommend provisions be added to the Plan to prohibit the approval of any new commercial zoning and conditional uses along Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. The BCC approved these prohibitions in 2004. Although these prohibitive provisions exist in the GGAMP, staff acknowledges that it would be appropriate to consider any unforeseen changes in conditions that have occurred since 2004 that would warrant a modification of, or exception to, Policy 5.2.3 and/or the Conditional Uses Subdistrict of the Estates—Mixed Use District. Subsequent to the adoption of the referenced prohibitive provisions, the Board of County Commissioners, in 2007, approved a Growth Management Plan amendment (GMPA) that allowed the David Lawrence Center (located along Golden Gate Parkway, approximately % mile west of the subject site) to expand their site by approximately 5 acres; add new institutional uses and associated medical offices; and expand the existing institutional uses and community facility uses. The petitioner provided data and analysis to demonstrate need for those uses at that location. Similar to the above referenced GMPA approval, the petitioner for the subject GMPA has provided a statement of justification and a needs analysis to demonstrate that the proposed Assisted Living Facility and Alzheimer's Care Units are warranted at the subject location. • Justification: Justification for the proposed amendment is located within the Explanation/Justification for Proposed Amendment document and Exhibit V.D., Market Feasibility Study, as provided by the applicant/agent. The applicant's justification is summarized below (Numbers 1 — 4) in italicized text, followed by staff comments within brackets: 1) The proposed land use change from office uses to Group Housing for seniors [and up to 5,000 square feet of office uses], including the addition of approximately 2.8 acres, will result in an overall lessening in intensity of development. [Generally, a group housing use for seniors is considered a less intense use than commercial development within the standard zoning land use hierarchy. However, a project should be further evaluated for public facility impacts and compatibility with surrounding land uses in order to determine the overall increase or decrease in a project's intensity. The public facilities analysis completed for the subject GMPA, comparing the existing land uses (approved for office development but not built) to those proposed, identifies that the group housing use will require a greater demand on water and sewer services (project is served by Florida Governmental Utility Authority), a decrease in solid waste generation, and a decrease in traffic generation. Finally, the compatibility assessment of the existing and proposed uses with the surrounding land uses reveals the following. a. Noise: (1) Office development (existing) — Hours of operation for typical office use are from 8:00 a.m. to 5:00 p.m., Monday through Friday/Saturday; minimal activity occurs outside those hours. Traffic volumes may peak during various intervals throughout the day. (2) Group Housing (proposed) — Hours of operation are 24 hours a day, 7 days per week. Traffic is limited to employees, guests, deliveries to the facility and those seeking services within the facility. Generally, such institutional uses are viewed as being residential in nature. Though traffic volume is less, some traffic noise would be experienced during the day and nighttime hours. 10 Packet Page-385- 1/8/2013 Item 9.C. Agenda Item 9A b. Light/glare: (1) Office development (existing)— Since hours of operation are typically during day light hours, most lighting would be for security purposes, i.e. lights around perimeter of building and some parking lot lighting. (2) Group Housing (proposed) — In addition to security, parking lot, and perimeter building lighting, some lighting/glare from vehicle traffic would occur during nighttime hours. c. Buffering: (1) Office development (existing) — The northern property line buffering varies from 35 feet to 75 feet; western property line buffering is 35 feet; and the buffering along Santa Barbara Blvd. and Golden Gate Parkway frontage is 25 feet. (2) Group Housing (proposed) — All property line buffering is 25 feet, except that the north and west buffers require additional plantings. d. Setbacks: (1) Office development (existing) — Building setback requirements are 100 feet from the northern property line and 40 feet from Golden Gate Parkway. (2) Group Housing (proposed) — Building setback requirement is 50 feet from the northern and southern property lines. e. Building mass: (1) Office development (existing) — Limited to 1-story and a maximum of 35-feet, and up to 35,000 square feet of developable space on 6.84+ acres. (2) Group Housing (proposed) — Limited to 1-story and a maximum of 35-feet, and up to 5,000 square feet of office development, 120 ALF/Alzheimer's units for a total square footage of 69,500 on 9.64+ acres. f. Aesthetic considerations: (1) Office development (existing) — Development must adhere to the County's Architectural Guidelines. The existing development (approved but not built) is required to provide a minimum 500 sq. ft. of park area with patio and benches. (2) Group Housing (proposed) — Proposed project will provide preserve area in northwest portion of the site. 2) The property addition (2.8± acre tract) is unique in that it is the only Estates zoned property adjacent to commercially zoned property on Golden Gate Parkway. [The applicant's statement is correct; however, the current commercial designation on the property was approved through a Comprehensive Plan change in the year 2000, which resulted in the current condition. Regardless, the expansion of the existing site to include the requested acreage would provide a viable site for the development of the proposed Group Housing use. Further, the approval of this proposed use would provide a complimentary institutional use adjacent to residential development, and may also discourage the expansion of additional non-residential uses immediately north and west of the subject site.] 3) The property is proximate to its targeted demographic, area hospitals and major transportation routes. [The subject site is located proximate to 1-75 (approximately 1- mile), which provides convenient access to area hospitals — North Collier Hospital, and Physicians Regional Hospital (both the Pine Ridge and Collier Blvd. locations). Additionally, based on the applicant's needs analysis the aging population (65+) within the market area is estimated at 27,065 and anticipated to exceed 31,000 by year 2015. 4) There is current and future demand for group housing uses in central Collier County and within the Golden Gate area. [As noted in the applicant's Needs Analysis document, the 11 Packet Page-386- Agenaa 1/8/2013 item y Item 9.C. area is currently underserved by as many as 442 ALF units and 429 Alzheimer's care units. • Needs Analysis: The market feasibility/needs study submitted by the petitioner in support of the proposed amendment was prepared by Province Valuation Group. Below is a summary of the preparer's findings and conclusions in italicized text, followed by staff comments within brackets. • Competing ALF and Alzheimer's care facilities within the project's market area (The table below reflects the applicant's data as consolidated by staff): ASSITED LIVING ALZHEIMER'S Care Units Units 26 45 15 8 33 137 190 74 [The table above identifies the four competing assisted living/Alzheimer's care facilities within the project's market area. The total available units have been adjusted to account for occupancy rates and rollover rates. The total adjusted supply of potential units within the petitioner's market area • 190 assisted living units and 74 Alzheimer's care units.] • Demonstrated need over the planning period (The tables below reflect the applicant's data as consolidated by staff): 65-74 75-84 85+ Total 65-74 75-84 85+ Total 14,264 9,761 3,040 27,065 17,052 10,375 3,637 31,064 230 724 954 245 866 1,110 °!-_- 74 ___ 74 32 32 64 32 32 64 198 692 890 213 834 1,047 51% 47.4% -- 61% 58% -,� 101 328 429 130 483 613 12 Packet Page-387- 1/8/2013 Item 9.C. Agenda Item 9A 65-74 75-84 —85+ Total 65-74 75-84 85+ Total 14,264 9,761 3,040 27,065 17,052 10,375 3,637 31,064 686 856 244 244 442 612 [The tables above identify the current and projected demand for assisted living/Alzheimer's care units within the project's market area. The targeted age for the ALF units is 65+ and 75+ for the Alzheimer's care units and the income qualifications were set at $35,000/year and $50,000/year for ALF and Alzheimer's care units respectively. The data and analysis contained within the market study for the proposed Group Housing use, specifically Assisted Living Facility (ALF) Units and Alzheimer's Care Units, indicate that the project's market area is presently underserved by as many as 442 ALF and 429 Alzheimer's units; and the projected demand will be approximately 612 ALF and 613 Alzheimer's units by year 2015. Further, other similar competing facilities located within the project's market area are currently operating, on average, at 90% capacity. Based on the provided data, it appears that demand exceeds supply in this area. Additionally, in 2012, GIS staff inventoried properties similar in size to the project acreage, within the same market area, to determine if other properties could accommodate a similar facility without an amendment to the Golden Gate Area Master Plan. Staff determined that there were approximately 9 potential qualifying properties. However, these properties were not centrally located within the defined market area, as is the subject site, and did not have similar roadway access. The map on page 14, prepared by the GIS staff in 2011, depicts all existing and proposed/approved, not yet built, ALFs (PUD zoning only) in western Collier County, including Ave Maria. Based on the review of this map, and review of approved conditional uses for ALF use, it appears that there are no approved ALFs located within the Golden Gate Urban area or elsewhere within the immediate vicinity of the project site.] 13 Packet Page-388- Co er county EXISTING & PENDING ALF PROJECT� �t8�2013Item 9.C. 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"* v N.nrRme PrMnr.N 155.. „t!.0., , 14 • Existing ALF Facilities jo� S. e `\'ma y- ,� "p ,�,"�yc' �.Approved PUD with ALF Use - l -%`-� ': s'r�'` � ""�"`"�'m ,i MINE °3 .�. _ RY -yy.- . as.ay..Ltl/wEi ,17 i.s Fmt PUD Currentty Under Review Yr ,-- , r' """G1tlr"""OM` Si a.s with ALF USE ) ,� ( v u uw PU0aiw rw 2m as +� im a Ate'Sn J -''f -i h lL< _Y =ow Tr..11.G t,0 i.e.• Major Roads ��y I o Erne i«R C FAR. ° \\ ,00 D.e. �y. c E"F wizen u..n'LC - Y I ''�l� Ou1!FM1IO EW b.e.pe�w..0 \ ..w'.s..•r a, ,,'j t2 , 6 �' . '" , �� �`tF 'sl.lr.iwC� awa.2EOR.a.o«..a.Ev`°°. y ..�M+jes rtxx F 'tie r Lne.e... mD i.e. g fasauFF6Ea.6w�s-ivcr k 1":„.. .i.,4,15,45-L� 1 r l TM uwi... 12 i.e. f t{1 Tnwiiy vr.OI MTI.. ,50 i.w :< cm->: RrFi�on3 t ,c::•-::::,,. 7- -Tn Pw"'I• 50 i.r'Aeoa�.i Packet Page-389- 1/8/2013 Item 9.C. Agenda Item 9A • Existing and potential office square feet proximate to subject site: As previously noted, a portion of the subject site (6.84+ acres) is zoned and designated for up to 35,000 square feet of office space (C-1 intensity). Staff previously inventoried the existing and potential supply of office square feet located in the Golden Gate Urban area, within the vicinity of the subject site. The inventory includes an estimated 975,000 square feet of existing and potential office space within the general area of the subject site. Of this, approximately 700,000 sq. ft. is designated and/or zoned to allow office uses, including potential acreage within the Santa Barbara Commercial Subdistrict (22± acres) and the Downtown Center Commercial Subdistrict (52+ acres); and, southeast of the site, across Santa Barbara Boulevard, is the Golden Gate Parkway Professional Office Commercial Subdistrict with a potential net supply of approximately 275,000 sq. ft. of office space. Based on staffs analysis, it appears that there is an adequate supply/opportunity for office development proximate to the subject site. However, based on the project submittal and staff review, there is an unmet need for group housing uses for the aging population within the project's defined market area. • Project Compatibility: The four quadrants at the intersection of the Golden Gate Parkway and Santa Barbara Boulevard are zoned and/or designated for non-residential development. The northeast quadrant is designated Urban; zoned C-4, general commercial; and is developed with a shopping center, consisting of neighborhood commercial uses. The southeast quadrant is designated Urban — Golden Gate Parkway Professional Office Commercial Subdistrict - limited to office development; undeveloped (and is County-owned). The southwest quadrant is designated Estates with a Provisional Use; zoned E, Estates; and is developed with a church and private school with related facilities. The northwest quadrant (the 6.8-acre parcel that is part of this petition) is designated Golden Gate Estates Commercial Infill Subdistrict; zoned CPUD, Commercial Planned Unit Development, approved for office uses only; and is undeveloped. The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. The subject property is currently, and will remain after construction, buffered from the adjacent residential development north and west of the site, and along Golden Gate Parkway and Santa Barbara Boulevard. Additionally, the proposed group housing facility will be sized to an appropriate scale — limited to one-story (35 feet), with a floor area ratio of 0.22 (based on the conceptual plan and square feet identified within the market feasibility study) — ensuring that offsite impacts (i.e. noise, visual, etc.) are negligible. VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The Neighborhood Information Meeting (NIM) was held on May 1, 2012, after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. Approximately 9 people attended the NIM, held at the Golden Gate Community Center, located at 4701 Golden Gate Parkway. 15 Packet Page -390- 1/8/2013 Item 9.C. Agenda Item 9A • The following is a synopsis of the meeting: D. Wayne Arnold, agent for the applicant opened the meeting at 5:40 p.m. Representatives for the project in attendance were Richard Yovanovich with Coleman, Yovanovich and Koester, P.A., Brandt Henning and Rey Pezeshkan with PK Studios, Anthony Mansolillo representing Naples Venture II and III, LLC. Michele Mosca representing Collier County also attended. A sign-in sheet was provided at the entrance of the meeting room. At the time the meeting began, seven members of the public were in attendance. Six of those individuals signed in. Mr. Arnold began the information meeting by introducing the Owner/Developer representatives and County Staff. He then explained the Comprehensive Plan Amendment Petition request and described that the developer was proposing an amendment to the Golden Gate Master Plan to add a 2.8± acre parcel and amend the permitted uses to permit a variety of senior housing types and medical office uses. Mr. Arnold displayed a conceptual color rendering of the proposed development and proceeded to describe the exhibit. He then explained the history of the site and described the location, type and size of the buffers and where the access point would be located. The Comprehensive Plan process was explained and the tentative hearing dates were provided to the meeting attendees. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding the maximum height of the structures, total square footage of building and total number of units. Mr. Arnold explained that the proposed development would consist of a total of 120 beds with a 5,000 square foot inpatient/outpatient rehabilitation center with a maximum height of 2 stories at 35 feet. Adjacent property owners to the north expressed concern over the building square footage and the height of the proposed buildings. There was a lengthy discussion between the owners and project representatives which culminated in all parties agreeing to have a follow- up meeting to discuss their concerns and to determine whether site and building changes could be made to address their concerns. Mr. Arnold invited anyone with further questions to call his office or to contact Ms. Mosca. Copies of the strikethrough and underline version of the proposed language changes were offered and distributed to the meeting attendees. The meeting was adjourned at approximately 6:10 p.m. [Synopsis prepared by the Applicant and supplemented by M. Mosca, Principal Planner] VII. FINDING AND CONCLUSIONS: • The proposed request to expand the existing Subdistrict by 2.8± acres to allow group housing uses and the retention of up 5,000 square feet of commercial development is inconsistent with Policy 5.2.3 of the GGAMP, which prohibits new conditional (and commercial) uses on properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. However, according to the applicant the inclusion of the 2.8+ acres is needed in order for the Group Housing development to be viable at the proposed location. Additionally, approximately 1.63 acres of the subject tract is dedicated to water management, preserve and landscape buffer areas. Further, staff concurs with the applicant that there is a demonstrated need for the proposed group housing use within this area. • The market analysis submitted with the application indicates that the project's market area is presently underserved by as many as 442 ALF and 429 Alzheimer's units; and the projected demand will reach approximately 612 ALF and 613 Alzheimer's units by year 2015. 16 Packet Page-391- 1/8/2013 Item 9.C. Agenda Item 9A • The proposed development of approximately 120 ALF (98) and Alzheimer's care units (28) will meet a portion of the unmet senior group housing need within the area proximate to the site, and afford area residents an opportunity to house aging family members in close proximity to their primary residences. • There are other similar-sized parcels within the project's market area, however none are centrally located like the subject site. • The proposed facility's location proximate to existing residential will likely reduce vehicular trips on the surrounding roadways, and provide additional professional medical employment and service personnel jobs within the area. • The proposed group housing use is generally residential in nature, complimentary to the surrounding residential development, and does not generate significant traffic. VIII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CPSS-2011-2 to the Board of County Commissioners with a recommendation to approve for adoption and transmit to the Florida Department of Economic Opportunity. Prepared By: � ' Date: chele R. Mica,Al P, Principal Planner Compreh ` Planning Section, Land Development Services Department :12) Reviewed By Date: 47/7//2 David Weeks,'AICP, Growth Management Plan Managfer Comprehensive Planning Section, Land Development Services Department Reviewed By: Date: Michael Bosi,AICP, Interim Planning and Zoning Director Land-Development Sery„iQes Department / / - 1 7 Approved By: . ' Date: Nic asalangu da,idmin sfrator Growth Management Division Petition Number: CPSS-2011-2 Staff Report for September 20, 2012 CPCC meeting NOTE: This petition has been scheduled for the November 13, 2012 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, CHAIRMAN 17 Packet Page -392- 1/8/2013 Item 9.C. ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED .AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE NAME TO GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL SUBDISTRICT, BY ADDING 2.8 ACRES TO THE EXISTING 6.8 f ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; BY ADDING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff requested amendments to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map series; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and CPSS-2011-2\Golden Gate Estates Commercial Page 1 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words sea gh have been deleted; * * * indicates break in pages Packet Page-393- 1/8/2013 Item 9.C. WHEREAS, the Collier County Planning Commission (CCPC) on November 1, 2012 considered the proposed amendments to the Growth Management Plan and recommended approval of said amendments to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendments to the Future Land Use Element of the Growth Management Plan on January 8, 2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Plan Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text and map amendment is attached hereto as Exhibit"A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. CPSS-2011-2\Golden Gate Estates Commercial Page 2 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words stab have been deleted; * * * indicates break in pages Packet Page -394- 1/8/2013 Item 9.C. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2013. p . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk GEORGIA A.HILLER,ESQ. Chairwoman Approved as to form and legal sufficiency: ,A(;-L-V.1" Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Amended Text and Maps CP\12-CMP-00846\22 CPSS-2011-2\Golden Gate Estates Commercial Page 3 of 3 and Institutional Infill District Rev. 12/13/12 Words underlined are added;words struck through have been deleted; * * * indicates break in pages Packet Page -395- 1/8/2013 Item 9.C. Exhibit A CPSS-2011-2 2. ESTATES DESIGNATION B. Estates—Commercial District 5. Golden Gate Estates Commercial and Institutional Infill Subdistrict [revised text, page 46] This Subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in proximity to the Estates Commercial and Institutional In-fill Subdistrict (see Golden Gate Urban Commercial Infill Subdistrict and Golden Gate Estates Commercial and Institutional Infill Subdistrict Map) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C-1, C-2, or C-3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91- 102), adopted October 30, 1991. b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). c) Projects within this Subdistrict shall make provisions for shared parking arrangements with adjoining commercial developments when appropriate. d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments. e) Access to projects shall not be permitted from Collier Boulevard. f) Any project located within this Subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard (properties include the East 180 feet of Tract 98, Unit 30 and Tract 112, Unit 30, Golden Gate Estates), less and except an easement for Santa Barbara Boulevard right-of-way, shall be subject to the following additional development restrictions: 12. Permitted bland uses shall be restricted-to effices-ems limited to medical office uses and Group Housing for seniors. Group Housing for seniors may include independent living (Words underlined are added, words struck-trough are deleted) Packet Page-396- 1/8/2013 Item 9.C. units, assisted living units, continuing care retirement communities, skilled nursing facilities, and similar uses. Medical office uses shall not exceed 5,000 square feet and total building area shall not exceed 70,000 square feet. 23. All principal structures shall be required to have a minimum setback of one-teed (100)fifty (50)feet from the project's northern and southern boundary. - -- -- _-- - -- - -- - - =-. Buffers: the following minimum project buffers, as set forth in Section 4.06.02 of the Collier County Land Development Code, Ordinance No. 04-41, as amended, in effect as of the date of adoption of this amendment, shall be provided. West: 25' wide type C. North: 25'wide type C. East: 25' wide type D. South: 25' wide type D. 4. Native vegetation shall be retained within the project buffers on the northern and western project boundaries, where feasible. Required supplemental plantings shall be native species. The northern buffer adjacent to the southern boundary of Tract 111, Golden Gate Estates, Unit 30, may also be utilized for the native vegetation preservation requirements for the project and shall include a concrete or pre-cast concrete privacy wall at a minimum of 6 feet in height, which shall be located on the southern boundary of the buffer/preserve. No setback from the buffer/preserve shall be required for this wall. The North 330 feet of Tract 98, Unit 30, GGE, shall be limited to native preserve and water management areas, except that a vehicular drive and/or wall may be located within this area. Native vegetation preservation areas may be utilized for water management purposes, when it can be demonstrated that the use for water management will not be harmful to the native vegetation, as provided for in Policy 6.1.1 of the Conservation and Coastal Management Element. - - • - - - - (Words underlined are added, words str-tiek-thfaugh are deleted) 2 Packet Page -397- 1/8/2013 Item 9.0. 56. All buildings shall have tile or metal roofs, or decorative parapet walls above the roofline, and buildings shall be finished in light subdued colors except for decorative trim. 68. Building heights shall be limited to one (1)-story and a maximum of thirty-five (35)feet. 748. All lighting facilities shall be architecturally designed, and limited to a height of twenty-five (25) feet, and shielded from neighboring residential land uses. 844. There shall be no ingress or egress on Santa Barbara Boulevard. However, this shall not preclude future access to Santa Barbara Boulevard via frontage road or access easement. Policy 5.2.3: [revised text, page 12] Recognizing the existing residential nature of the land uses surrounding the planned 1-75 interchange at Golden Gate Parkway, as well as the restrictions on conditional uses of the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, there shall be no further commercial zoning for properties abutting Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard. No new commercial uses shall be permitted on properties abutting streets accessing Golden Gate Parkway within the above-defined segment. This policy shall not apply to the Golden Gate Estates Commercial and Institutional Infill Subdistrict, which is located at the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. b) Golden Gate Parkway and Collier Boulevard Special Provisions [revised text, page 32] • Recognizing the existing residential nature of the land uses surrounding the 1-75 interchange at Golden Gate Parkway, there shall be no further conditional uses for properties abutting Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, except as permitted within the Golden Gate Parkway institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. • Further, no properties abutting streets accessing Golden Gate Parkway, between Livingston Road and Santa Barbara Boulevard, shall be approved for conditional uses except as permitted within the Golden Gate Parkway Institutional Subdistrict; the Golden Gate Estates Commercial and Institutional Infill Subdistrict; and, except as provided in subparagraph 1., below; and, except for essential services, as described in paragraph a), above. This provision shall not be construed to affect the area described in Paragraph a), above. (Words underlined are added, words struck are deleted) 3 Packet Page-398- 1/8/2013 Item 9.0. EXHIBIT A PETITION CPSS-2011-2 • .400§3,- I LEGEND I RCN ANNOVLONALARINAL ONINNLATIOY ■LEBBILIBIERBSIIIIR i ........' '. ....- ...............'..... GOLDEN GATE AREA El................4.4....4.4..4, ED..........,,,,,,,„,......., ==.4.^°".=4;:::::.".%:::•.I. FUTURE LAND USE MAP G ...... SINDIE.......,LANNL, ......1 ...m...- 1.7. "htnar.444.7••°"......•L ..............,. , t...., '...•"...... M a."Vic:ZonsaMmirr.4747.°''' WUOKALNE ROAD TB am..raulamwesve.41.4.4....... i "'"'"' CO cur.s=1=3.4121&?.••• 0 NU''''''.....7.•,...° WIIIMO exw seam I - 0. WITLA, ROAD I 1 < ,,< < ,...golsw.l.mat ROAD ' 1•400DALI,, BOOLEVARD i , 1 VANDERBILT MIAOW ROAD ' gl a g OOLDEN OATS .- ROULISVABE 0 , IA .* g ". E vorrrE BND I .§. g 2 ! piNX WSW., ..... EIMNIBIGT OM , r _ e * . . 6 e , g VI e 14 L" 14 I 2 ; 4\i..................................L.).................„rx.a,A.m.„ 2 1 2 0 a it 44 - DAVIS DOMMVAIRD --- ------- 1 11, 5 — g - •=______ E. A 14 g \ 1 - , OOLOEN SAIL ILUTURE LAND USA MAP ', - L.. .., _.,... ...._ - , - ---- ....- ............... ii4 _ ..61.IJ2 - 17M3.1.1 Si 111. SCALE ...........I- room - 007011.1 214 20... OW NO.40.-T Ammo= - AMIN,r ill.MP. 111"1.0ftICA,orms../ ttgll OM.411..1.17 I Et 26 E I It 27 E I 2 28 E I /JAW (Words underlined are added, words struck through are deleted) 4 Packet Page -399- 1/8/2013 Item 9.C. ...i...I A Pft.11 1 1 1C3P4 ISAIMAA1711-2 11OLDNIN GATE URBAN Calkehnetcatu, INIVILL SUIMISTRICT AND (101.0BLI AT BirTAT ZEI 00111101.1BCCAL MW DIBTrIIITIONAL LINFILLr atiarsliankm 1,0 CIENAARIII CZKErrir.IrLONMA II IIMI illt ME Mir -Mgr B 1 h 1 a L. as- • si 5 Int P ii il 1 If _Mill Eli, It • , 1111111d= - il 11 11 I ir --101:[171.1 IIIIII:"—H ti ' I IEh t__1 1 2 IL= ii ,_.........— ,..— 111 . I slim - -... I inimit , , ,, . I _ malt-or li iiii.i. _Allium.441. _ \ :%, le----I" . - I I glimiligi6,- -#111414*VONINI - kill' '''t '''' '. -gt MIMI ili' - '.' ' A0.7 ( •.‘ , : -- — —mei 2 =-7 =1--•■•••••■1 -1\; _: , =...'-".'..=)■•••••••■-d i - , „....,L 1 ...... (\101- ,-- , 11-'1• 400.--%,.._ - • -- li - -- - Kg 1 v. • .1•1 _i I------illIll1111MMPI MIMI I ima in 177. L ill :31 I III - I 1=F IF Imrimr litillik NI : , NS lig Elm-=I t kw=sor most sm, .....mill 0 lit 11111011111-•IN Mb 111111MILION1111111 --II =:,= 0 a ■ .11 (Words underlined are added, words staw*-44r-aug44 are deleted) 5 Packet Page-400- 1/8/2013 Item 9.C. 12A Wednesday,December 19,2012 NAPLtn uMILY Ivtw PUBLIC NOTICE PUBLIC:NOTICE PUBLIC NOTICE NOTICE OF .PU.BLIC HEARING' • . NOTICE OF INTENT:TO CONSIDER AN ORDINANCE - Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on Tues- day,January 08,2013 in the Board of County Commissioners Chamber,Third Floor, Collier County Government Center,3299 E.Tamiami-Trail,Naples,to consider the Transmittal of the following County Ordinance,for an Adoption amendment to the Collier County Growth Management Plan:•The meeting will commence at 9:00 A.M. • The purpose of the hearing is to consider a recommendation on an amendment'to the Golden Gate Area Master Plan • • Element and Golden Gate Area Master Plan Map and Map Series;for transmittal to the Florida Department of Economic Opportunity. The ORDINANCE title is as follows: ORDINANCE NO.13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMEND- ING ORDINANCE NO.89-05,AS AMENDED,THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY,FLORIDA SPECIFICALLY AMENDING THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE GOLDEN GATE ESTATES COMMERCIAL INFILL SUBDISTRICT BY CHANGING THE NAME TO GOLDEN GATE ESTATES COMMERCIAL AND INSTITUTIONAL SUBDISTRICT,BY ADDING 2.8 ACRES TO THE EXISTING 6.8 a ACRE INFILL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY IN SECTION 29,TOWNSHIP 49 SOUTH,— RANGE 26 EAST;BY ADDING GROUP HOUSING FOR SENIORS AND REVISING STANDARDS;AND FURTHER- MORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. • PL20110000769/CPSS-2011-2,A Petition requesting a Small Scale Amendment to the Golden Gate Area Master Plan end the Golden Gate Area Master Plan Future Land Use Mao and Mao Series by amending the'Golden Gate Estates Commercial Infill Subdistrict",to add a 2.8 a acre parcel of land;add Senior Housing,including Independent Living Units,Assisted Living Facilities,Congregate Care Facilities,Continuing Care Retirement Communities,Skilled Nursing Facilities and similar uses,not to exceed a maximum F.A.R.of 0.45;retain medical office use,not to exceed a maximum of 5,000 square feet;revise setback and buffering standards;remove requirement for an outdoor patio;and revise the Subdistrict name to"Golden Gate Estates Commercial and Institutional Infill Subdistrict. The subject property is ' located in the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard,in Section 29,Township 49 South,Range 26 East,Collier County,Florida.[Coordinator.Michele Mosca,AICP,Principal Planner] . 9 4M' 4Y COIIIEr Florida a \\\\\ \• u� u - tw -- Iom.. 7 „ • All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amend- ment will be made available for inspection at the Planning and Zoning Department,Comprehensive Planning Section, 2800 N.Horseshoe Dr.,Naples,FL between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,suite 401,Collier County Government Center,East Naples,one week prior-to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,January 08,2013,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and • evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Manage- ment Department,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS-COLLIER COUNTY,FLORIDA GEORGIA A.HILLER,ESQ.,CHAIRWOMAN • `` DWIGHT E.BROCK,CLERK By: Martha Vergara-Deputy Clerk(SEAL) No.231195041 December 19.2012 • • . . fr • • ---- Packet Page -401- _ -