Agenda 04/10/2018 Item #17A04/10/2018
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 04-20, as amended, the Calusa Island Village Planned
Unit Development (PUD), to allow up to two single -family dwelling units as an alternative to
commercial and multi-family development in the Commercial/Mixed Use Area of the PUD; and
providing for an effective date, for property located on the south side of Goodland Drive (C.R. 892),
approximately one half mile south of San Marco Road (C.R. 92), in Section 18, Township 52 South,
Range 27 East, Collier County, Florida [PUDA-PL20160000087].
OBJECTIVE: To have the Board of County Commissioners (Board) approve an ordinance amending
Ordinance Number 04-20, as amended, the Calusa Island Village Planned Unit Development (PUD), to
approve an amendment to the PUD.
CONSIDERATIONS: The petitioner requests that the Board of County Commissioners approve an
Amendment to the Calusa Island Village PUD, Ordinance No. 04-20, as amended, to allow up to two
single-family dwelling units as an alternative to commercial and multi-family development in the
Commercial/Mixed Use Area of the PUD. The proposed Amendment would add single-family residential
uses as an alternative to the commercial and multi-family uses in the commercial/mixed use tract.
FISCAL IMPACT: The PUD application by and of itself will have no fiscal impact on Collier County.
There is no guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD Amendment is approved, a portion of the land could be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of
Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency
management, the developer of every local development order approved by Collier County is required to
pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with
Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of
a building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that impact fees and taxes collected were not included in t he criteria used by staff and the
CCPC analyze this petition.
GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is
designated Urban, Urban Mixed-Use District, Urban Coastal Fringe Subdistrict, and is within the Coastal
High Hazard Area Overlay, as depicted on the Future Land Use Map and described in the Future Land Use
Element FLUE of the Collier County Growth Management Plan. Also, the site is identified on the “consistent-
by-policy” maps, which are part of the Future Land Use Map series. The proposed PUD amendment has
been deemed consistent with the GMP.
Transportation Element: Transportation Planning staff has evaluated the proposed Amendment and has
found it consistent with the Transportation Element.
Conservation and Coastal Management (CCME) Element: The proposed Amendment to the PUD will
have no effect on the requirement on the CCME.
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Legal Considerations: This is an amendment to the existing Calusa Island Village PUD (Ordinance No.
04-20, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is
consistent with all of the criteria set forth below. The burden then shifts to the Board of County
Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discr iminatory or
unreasonable. This would be accomplished by finding that the amendment does not meet one or more of
the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the
Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
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12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone on the
availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of
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four for Board approval (SAS)
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition PUDA-PL20160000087 on February 15, 2018, and the motion for approval was
unanimously approved (6/0). The motion of approval included no commitments.
RECOMMENDATION: To approve the request for PUDA-PL20160000087 Calusa Island Village
PUD, and approve an Ordinance amending Ordinance No. 04-20, as amended.
Prepared by: Mike Bosi, Director, Zoning Division
ATTACHMENT(S)
1. [Linked] Calusa Island Village PUD Staff report, back-up and application (PDF)
2. Calusa Island Village Ordinance - 022018 (PDF)
3. legal ad - agenda ID# 5124 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 5124
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance Number 04-20, as amended, the Calusa Island Village
Planned Unit Development (PUD), to allow up to two single-family dwelling units as an alternative to
commercial and multi-family development in the Commercial/Mixed Use Area of the PUD; and
providing for an effective date, for property located on the south side of Goodland Drive (C.R. 892),
approximately one half mile south of San Marco Road (C.R. 92), in Section 18, Township 52 South,
Range 27 East, Collier County, Florida [PUDA-PL20160000087].
Meeting Date: 04/10/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
03/14/2018 8:06 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
03/14/2018 8:06 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/14/2018 8:41 AM
Growth Management Department James French Deputy Department Head Review Completed 03/14/2018 7:52 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/15/2018 10:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/16/2018 1:45 PM
County Attorney's Office Scott Stone Additional Reviewer Completed 03/19/2018 4:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 11:18 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/27/2018 9:19 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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Packet Pg. 1112 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1113 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1114 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1115 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1116 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1117 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1118 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1119 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1120 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
17.A.2Packet Pg. 1121Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1122 Attachment: Calusa Island Village Ordinance - 022018 (5124 : Calusa Island Village PUD Amendment)
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Packet Pg. 1123 Attachment: legal ad - agenda ID# 5124 (5124 : Calusa Island Village PUD Amendment)
AGENDA ITEM 9-A