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Agenda 01/12/2010 Item #17B Agenda Item No. 17B January 12, 2010 Page 1 of 73 ,'..- EXECUTIVE SUMMARY PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by Timothy Hancock, AlCP, of Davidson Engineering, Inc., is requesting a rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a maximum 25,000 square-foot commercial retail and office development to be known as Fakahatchee Plaza CPUD. The 5.46-acre subject property is located at the northwest corner of the Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6, Township 49 South, Range 28 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) render a decision on the above-referenced CPUD rezone request in view of staffs findings and the recommendations of the Collier County Planning Commission (CCPC); and to insure that the community's interests are maintained. CONSIDERATIONS: - The petitioner proposes to construct a shopping center with a maximum floor area of 25,000 square feet, which would allow uses similar to those of the C-l, C-2 and C-3 zoning districts. The CPUD's zoned building heights would be limited to a maximum of one-story and 35 feet, with actual height, including appurtenances, not to exceed one-story and 47 feet. As depicted on the conceptual Master Plan entitled "Fakahatchee Plaza CPUD Master Concept Plan," prepared by Davidson Engineering, Inc. and dated June 11, 2007, as revised through September 22, 2009, the proposed building(s) would be situated within a 2.l0-acre envelope occupying the central portion of the site. This envelope would be buffered from the adjoining Estates (E)-zoned properties to the north and west by a 25-foot wide landscape buffer, and would be further separated from the existing single-family homes there by an additional 50-foot wide buffer comprised of solely native vegetation and stormwater management detention areas, as required pursuant to the Neighborhood Center Subdistrict of the Golden Gate Area Master Plan. Since the site's original 5.46 acres would be reduced to 3.93 acres after right-of-way easements, future reservations, and compensating right-of-way have been deducted, the site's required preserve would be just 0.39-acres (3.93 acres x 10 percent), which would be provided in the northwestern corner of the native vegetation butfer. Overall, 1.18 acres (3.93 x 30 percent) would be retained as open space on the site, as requircd by the Land Development Code. Access to the site would be afforded from a right-in/right-out access point on Golden Gate Boulevard and a right-in access point on Everglades Boulevard. Potential inter-parcel connections to the abutting residential uses to the north and west would also be provided, as depicted on the Master Plan, since according to the Neighborhood Center Subdistrict, these properties would be eligible for Conditional Uses if the proposed CPUD is approved. - FISCAL IMPACT: PUDZ-2007.AR-J J 398, Fakahatchee Plaza CPUD December] 8, 2009 Pagelof6 _.._-.._----~--,.." __ _,. u,....".,...,....,..^., _ ''- _.~_~.~_N;...""_".__._ Agenda Item No. 178 January 12, 2010 Page 2 of 73 The rezoning action, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Estates Mixed Use District, Neighborhood Center Subdistrict, as identified on the Future Land Use Map (FLUM) of the GGAMP. Specifically, it is within the Everglades Boulevard and Golden Gate Boulevard Neighborhood Center. The intent of the Neighborhood Center Subdistrict is to allow for development to provide basic goods, services and amenities to Golden Gate Estates residents while maintaining the semi-rural character of the area. Relevant to this petition, the Neighborhood Center Subdistrict permits neighborhood commercial uses and Conditional Uses of the E Zoning District, subject to specific development standards. The proposal complies with all of these standards except for one, which is the limitation of drive-through facilities to banks. As noted in the CPUD document, the petitioner has included drugstores as another allowable drive-through use, justifying doing so since the CCPC determined in 2006 that a drive-through pharmacy in the Snowy Egret CPUD, another Neighborhood Center located east of Collier Boulevard, was consistent with the GGAMP's drive-through restrictions for bank facilities. Since the Board of County Commissioners (BCC) agreed with the CCPC and approved this use in the Snowy Egret CPUD, the petitioner is seeking approval for a drive-through pharmacy for the subject CPUD, which will require the BCC to make a similar finding of consistency. (Please note that the complete GMP analysis is contained in the staff report.) --"". Transportation Element: Transportation Planning staff has reviewed the Traffic Impact Statement (nS) and the CPUD document to offer a recommendation regarding Policy 5.1 of the GMP's Transportation Element. This policy (and the other applicable policies) require an analysis of rezone requests to consider their potential impacts on the transportation system; and Policy 5.1 specifically states that the County should not approve any rezone request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating conditions are approved. Transportation Department staff has reviewed the petition PUDZ-2007-AR-J 1398, Fakahatchee Plaza CPUD December 18, 2009 Page 2 of6 Agenda Item No. 176 January 12, 2010 Page 3 of 73 and the CPUD document and Master Plan for right-of-way and access issues. The applicant has incOlporated Transportation staff's revisions within the CPUD document, and Transportation Planning staffrecommends approval subject to the Transportation commitments contained in the CPUD document. GMP Conclusion: Based on the above analysis, staff concludes that this petition is consistent with the FLUM and all of the applicable provisions of the Transportation Element. However, due to the applicant's inclusion of the drive-through pharmacy, which is not permitted by the Neighborhood Center Subdistrict of the GGAMP, staff cannot find the CPUD consistent with the goals, objective and policies of the FLUE. AFFORDABLE HOUSING IMPACT: Approval of this CPUD would have no affordable housing impact since no affordable housing units are proposed. The petitioner has not offered to contribute to the local affordable housing trust fund in order to mitigate the project's impact on the need to provide affordable housing for its employees. ENVIRONMENTAL ISSUES: All environmental issues have been addressed. The applicant was not required to submit an Environment Impact Statement (EIS) for this project, nor was a hearing before the Environmental Advisory Council required, because the 5.46-acre site does not exceed the 10- acre threshold for tracts located landward of the coastal management boundary. The subject property is within Zone I of the East Golden Gate Wellfield Protection Area. As such, the storage or use of hazardous materials is strictly prohibited, and a commitment barring such substances from the site has been incorporated into Exhibit E, Section 2, item B. At the time of site development plan submittal, the applicant must demonstrate how adverse impacts from stonnwater management to native vegetation in the preserve area would be prevented, as required by the Neighborhood Center Subdistrict. ENVIRONMENTAL ADVISORY COUNCIL (EACl RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition since the small size of the site qualifies it for an EIS exemption. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This item was heard by the CCPC at their December 3, 2009 public hearing. The CCPC unanimously voted 9-0 to forward it to the Board of County Commissioners (BCe) with a recommendation of approval, subject to minor modifications to the CPUD document and other conditions, which the applicant has incorporated into the document. Because it received a unanimous approval and staff has received no letters of objection from the community, this item is being placed on the Summary Agenda. _..,"~ LEGAL CONSIDERATIONS: PUDZ-2007-AR-1l398, Fakahatchee Plaza CPUD December J 8, 2009 Pagd of 6 Agenda Item No. 176 January 12, 2010 Page 4 of 73 This is a site specific rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District. Initially, the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the BCC, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask yourself the following questions. T7Je answers assist you in making a determination for approval or not. I. 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 CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and pri vate. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ,,"~.,. 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? PUDZ-2007-AR-11398. Fakahatchee Plaza CPUD December J 8, 2009 Page 4 of6 '_",~,C' -'.... ..-~"'.. Agenda Item No. 178 January 12, 2010 Page 5 of 73 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? II. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? IS. 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 CPUD rezone on the availability of adequate public facilities and services consistent with the levels of PUDZ-2007-AR-11398, Fakahatchee Plaza CPUD December /8, 2009 Page 5 of6 Agenda Item No. 178 January 12, 2010 Page 6 of 73 service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l06, article II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Swnmary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item is legally sufficient for Board action. (STW) RECOMMENDATION: Staff recommends that the BCC approve PUDZ-2007-AR-11398, subject to the developer commitments contained in Exhibit F of the attached CPUD ordinance. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review ,,'." PUDZ-2007-AR-I1398, Fakahatchee Plaza CPUD December 18, 2009 Page 6 01'6 o,"<~._ , Agenda Item No. 17B January 12, 2010 Page 7 of 73 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 17B This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by Timothy Hancock, AICP, of Davidson Engineering, Inc. is requesting a rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a 25,000 square-foot commercial retail and office development to be known as Fakahatchee Piaza CPUD. The 5.46-acre subject property is iocated at the northwest corner of the Golden Gate Boulevard (CR 876) and Everglades Boulevard intersection in Section 6, Township 49 South, Range 28 East, Collier County, Florida. CTS 1/12/20109:00:00 AM Item Number: Item Summary: Prepared By John.David Moss Planner, Principal Date Community Development & Zoning & Land Development Review 12/18/20094:27:17 PM Environmental Services Approved By Steven Williams Assistant County Attorney Date County Attorney County Attorney 12/22/200911:09 AM ..- Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 12/22/2009 11 :12 AM Approved By Jeff Klatzkow County Attorney Date 12/23/20098:53 AM Approved By Ray Bellows Manager - Planning Date Community Development & Zoning & land Development Review 12/23/200S 1 :42 PM Environmental Services Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 12/31/20099:33 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 12/31/2009 9:42 AM ,-. Approved By Mark Isackson Management/Budget Analyst. Senior Date -,..__. , .., - "-_."-~ __~_ , 'R~___"__ .. Agenda Item No. 178 January 12, 2010 Page 8 of 73 Office of Management & Budget Office of Management & Budget 1/4/20109:49 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 1/4/20105:03 PM Agenda Item No. 178 AGE~mrM4l~10 Page 9 of 73 STAFF REPORT TO: FROM: COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 5, 2008 SUBJECT: PUDZ-2007-AR-I1398; FAKAHATCHEE PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROPERTY OWNER/AGENT: OWNER: AGENT: .- Michael Schoeller Shoesop Properties, LLC 840 Jung Blvd. West Naples, FL 34120 Tim Hancock, AICP Davidson Engineering Incorporated 2154 Trade Center Way Naples, FL 34109 REQUESTED ACTION: The applicant requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject property from the Estates (E) Zoning District, with a Wellfield Special Treatment (ST/W-I) overlay, to the Commercial Planned Unit Development (CPUD) Zoning District for a shopping center to be known as the Fakahatchee Plaza CPUD. GEOGRAPHIC LOCATION: The approximately 5.46-acre subject property occupies the northwest comer of the intersection of Golden Gate Boulevard and Everglades Boulevard, in Section 6, Township 49 South, Range 28 East, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF PROJECT: The petitioner proposes to construct a shopping center with a maximum floor area of 25,000 square feet, which would allow uses similar to those of the C-l, C-2 and C-3 zoning districts. The CPUD's zoned building heights would be limited to a maximum of one-story and 35 feet, with actual height, including appurtenances, not to exceed one-story and 47 feet. .- Fakahalchee Plaza CPUD. PUDZ-2007-AR-1 1 398 Revised 11/9/09 Page I H"._.___"__._.__,_"_.. _,,_,,__ _ .-.'''- n H n 6Z'ij'S a. H tiz <( i ~ wO .~ ~D :2: 'u 00 . "'0 . DO[J P ".J . . C; ~<:! .' Z G- o ~ 0'" p 0 . . c(]p . . 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'--"--- Agenda Item No. 17B January 12, 2010 Page 12 of 73 As depicted on the conceptual Master Plan on the preceding page, entitled "Pakahatchee Plaza CPUD Master Concept Plan," prepared by Davidson Engineering, Inc. and dated June 11,2007, as revised through September 22,2009, the proposed building(s) would be situated within a 2.l0-acre envelope occupying the central portion of the site. This envelope would be buffered from the adjoining Estates (E)-zoned properties to the north and west by a 25-foot wide landscape buffer, and would be further separated from the existing single-family homes there by an additional 50-foot wide buffer comprised of solely native vegetation and storm water management detention areas, as required pursuant to the Neighborhood Center Subdistrict of the GGAMP. Since the site's original 5.46 acres would be reduced to 3.93 acres after right-of-way easements, future reservations, and compensating right-of- way have been deducted, the site's required preserve would be just 0.39-acres (3.93 acres x 10 percent), which would be provided in the northwestern comer of the native vegetation buffer. Overall, 1.18 acres (3.93 x 30 percent) would be retained as open space on the site, as required by the LDC. Access to the site would be afforded from a right-inlright-out access point on Golden Gate Boulevard and a right-in access point on Everglades Boulevard. Potential inter-parcel connections to the abutting residential uses to the north and west would also be provided, as depicted on the Master Plan, since according to the Neighborhood Center Subdistrict, these properties would be eligible for Conditional Uses ifthe proposed CPUD is approved. AERIAL VIEW OF SUBJECT PROPERTY Fakahatchee Plaza CPUD, PUDZ-2007-AR- J 1398 Revised J 1/9/09 Page 2 Agenda Item No. 178 January 12, 2010 Page 13 0173 ~ SURROUNDING LAND USES AND WNING: North: East: Single-family residence of the E zoning district with a ST/W-l overlay Everglades Boulevard, then the undeveloped Big Bear Plaza CPUD, approved for 0.36 acres of commercial development consistent with the C- I through C- 3 zoning districts; with an STfW-I and W-2 overlay Golden Gate Boulevard, then vacant land with an E Zoning District and a ST fW -I overlay Single-family residence of the E zoning district with an ST/W-l overlay South: West: GROWTH MANAGEMENT PLAN CONSISTENCY -...., Future Land Use Element (FLUE): The subject property is designated Estates Mixed Use District, Neighborhood Center Subdistrict, as identified on the Future Land Use Map (FLUM) of the GGAMP. Specifically, it is within the Everglades Boulevard and Golden Gate Boulevard Neighborhood Center. The intent of the Neighborhood Center Subdistrict is to allow for development to provide basic goods, services and amenities to Golden Gate Estates residents while maintaining the semi-rural character of the area. Relevant to this petition, the Neighborhood Center Subdistrict permits neighborhood commercial uses and Conditional Uses of the E Zoning District, subject to the specific development standards italicized below, followed by staff's comments in bold font: Neighborhood Center Criteria: · Commercial uses shall be limited to intermediate commercial so as 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), except as prohibited below. The proposed principal uses, listed in Exhibit A to the CPUD documents, are limited to the C-l, C-2 or C-3 zoning districts. Parcels immediately adjacent to commercial zoning within the Neighborhood Centers located at the intersections of..Golden Gate Boulevard and Evr;rgiades Boulevard...may qualifY for Conditional Uses under the transitional conditional use provision of the Conditional Uses Subdistrict of this Master Plan Element. As previously noted, the E-zoned parcels adjacent to the north and west of the proposed CPUD would be eligible for E-zoning Conditional Uses if the CPUD is approved. . A single project shall utilize no more than 50 percent of the total allowed commercial acreage. This percentage may be increased at the discretion of the Board of County Commissioners. -,'-"" Fakahatchee Plaza CPUD, PUDZ-2007-AR-I1398 Revised 11/9/09 Page 3 --,-~.._".. ----.- Agenda Item No. 17B January 12, 2010 Page 14 of 73 Although this petition requests commercial zoning for the eutire northwestern quadrant of the Neighborhood Center, it represents less than 50 percent of the entire Neighborhood Center. . The project shall make provisions for shared parking arrangements with adjoining developments. Both of the adjacent parcels contain a single-family dwelling. Therefore, shared parking is not needed or even appropriate. . Access points shall be limited to one per 180 feet commencing from the right-ol-way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed. The PUD Master Plan depicts two access points, both in compliance with this restriction. Additionally, this criterion has heen addressed in Exhibit B of the CPUD document, Commercial Development Standards, Section 3, Transportation, item A. . Driveways and curb cuts shall be consolidated with adjoining developments. whenever possible. If the CPUD is approved and an abutting parcel obtains Conditional Use approval, such shared access would be appropriate. Therefore, the PUD Master Plan depicts future interconnections to both of these properties. . Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment. except when the roadway median between the two parcels has no opening. This criterion has been addressed in Exhibit B, Section 3, item A. . Projects shall provide a 25-foot wide landscape buffer abutting the external right-ol-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center. and a double hedgerow at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year. A minimum of 50 percent of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. The language of this criterion has been incorporated into Exhibit B, Section 2, Buffering and Environmental, item A. Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 4 Agenda Item No. 17B January 12, 2010 Page 15 of 73 . All buildings shall have tile rooft, 'Old Style Florida' metal rooft, or decorative parapet walls above the roofline. The buildings shall beflnished in light, subdued colors, exceptfor decorative trim. This criterion has been provided for in Exhibit B, Section 1, Architectural, item B. . Building heights shall be limited to one (1) story, with a maximum height ofthirty-flve (35) feet. This provision only applies east of Collier Boulevard. This criterion has been provided for in the table in Exhibit B, Development Standards. . All lighting facilities shall be architecturally designed, and shall be limited to a height of twenty-flve (25) feet. Such lightingfacilities shall be shielded from neighboring residential land uses. This criterion has been provided for in Exhibit B, Section 1, item I. . Commercial uses shall encourage pedestrian traffic through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate the placement of sidewalks so that a continuous pathway through the Neighborhood Center is created This criterion has been provided for in Exhibit B, Section 1, item C. .'~ . All buildings and projects within any single specific quadrant of the subdistrict shall utilize a common architectural theme. This theme shall be applicable to both building design and . slgnage. This criterion bas been provided for in Exhibit B, Section 1, item A. . No building footprint shall exceed 5,000 square feet, unless the project is submitted in the form of a PUD. Walkways or courtyards shall connect adjacent buildings. This provision only applies east of Collier Boulevard. This project was submitted as a CPUD and the connection provision is provided for in Exhibit B, Section 1, item D. ,,_.. . Drive-through establishments shall be limited to banks, with no more than three lanes; the drive-through areas shall be architecturally integrated with the rest of the building. This provision only applies east of Collier Boulevard In Exhibit B, Section 1, item E, the petitioner has added "drugstores" as another allowable drive-through use. The petitioner's justification is that the CCPC determined in 2006 that a drive-through pharmacy in the Snowy Egret CPUD, another Neighborhood Center located east of Collier Boulevard, was consistent with the GGAMP's drive-through restrictions for bank facilities, which the Board of County Commissioners (BCC) agreed with and approved. As such, the petitioner is Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 5 " -- -, Agenda Item No. 178 January 12, 2010 Page 16 of 73 seeking approval for a drive-through pharmacy for the subject CrUD, which will require the BCC to make a similar finding of consistency. However, unless such detcrmination is made, staff has included a condition of approval limiting drive- through uses to banks only. , Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height, Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). . This criterion has been provided for in Exhibit B, Section 1, item G. . Projects directly abutting residential property (property zoned Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) fret wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with subsection 3.9.5.5.6 [now Section 3.05.07 H} of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be re-vegetated to meet subsection 3.9.5.5.6 [now Section 3.05.07.H] of the LDC (native vegetation replanting requirements). Additionally, in O/'der to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven' that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be usedfor water management. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. These criteria have becn provided for in Exhibit B, Section 2, item B. Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 6 - . . ,. Agenda Item No. 17B January 12, 2010 Page 17 of 73 Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall provide a functional public open space component. Such public open space shall be developed as green space within a pedestrian-accessible courtyard, as per Section 2.4.5.4 [now Section 4.06.03 B.3l of the Collier County Land Development Code, as in effect at the time of PUD approval, This criterion has been provided for in Exhibit B, Section I, item H. The following principal permitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non-crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens All 13 of these uses have been prohibited in Exhibit A. GGAMP Policy 5.1.1 states: If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated This criterion has been incorporated into Exhibit E, Section 5, item A. __ Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 7 --.-, .~.-. ., .-_.--- _..__w~ ' Agenda Item No. 17B January 12, 2010 Page 18 of 73 FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. The compatibility analysis is described in detail in the Analysis portion of this report, beginning on the following page. Based upon the above analysis, the proposed rezone may not be deemed consistent with the GGAMP solely due to the petitioner's inclusion of a drive-through pharmacy in the CPUD. However, the CCPC should be aware that a drive-through pharmacy has been approved for another CPUD in the Neighborhood Center Subdistrict, despite this subdistrict's restriction to drive- through banks only. Transportation Element: Transportation Planning staff has reviewed the Traffic Impact Statement (TIS) and the CPUD document to offer a recommendation regarding Policy 5.1 of the GMP's Transportation Element. This policy (and the other applicable policies) require an analysis of rezone requests to consider their potential impacts on the transportation system; and Policy 5.1 specifically states that the County should not approve any rezone request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating conditions are approved. Golden Gate Boulevard Impacts: The first concurrency link that would be impacted by the project is Golden Gate Boulevard from Wilson Boulevard to Everglades Boulevard (Link 123). The project would generate 20 PM peak hour, peak direction trips on this link, which represent a significant 1.98 percent impact on the roadway. Currently this segment of Golden Gate Boulevard is failing, with a remaining capacity of -53 trips, and as reflected in the Draft 2009 AUIR, is operating at a LOS of "F". However, mitigation has been proposed by the applicant that would allow considerable network . Improvements. No subsequent link of Golden Gate Boulevard would be significantly impacted. Everglades Boulevard Impacts: The next concurrency link that would be impacted by the project is Everglades Boulevard from Golden Gate Boulevard to Oil Well Road (Link 135). The project would generate 20 PM peak hour, peak direction trips on this link, which represents a significant 2.22 percent impact on the roadway. Currently this segment of Everglades Boulevard has a remaining capacity of 594 trips and, as reflected in the Draft 2009 AUIR, is operating at a LOS of "C." No subsequent link of Everglades Boulevard is significantly impacted. GMP Conclusion: Based on the above analysis, staff concludes that this petition is consistent with the FLUM and all of the applicable provisions of the Transportation Element. However, due to the applicant's inclusion of the drive-through pharmacy, which is not permitted by the Neighborhood Center Subdistrict of the GGAMP, staff cannot find the CPUD consistent with the goals, objective and policies ofthe FLUE. Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 8 Agenda Item No. 176 January 12, 2010 Page 19 of 73 ,;' . ANALYSIS: Staffhas completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 1O.02.l3.B.5, Planning Commission Recommendation ("PUD Findings"), and Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report ("Zoning Findings"), which establish the legal bases to support the CCPC's recommendation. The BCC, in turn, use these same criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Analysis.;. All envirorunental issues have been addressed. The applicant was not required to submit an Environment Impact Statement (EIS) for this project, nor was a hearing before the Envirorunental Advisory Council required, because the 5.46-acre site does not exceed the IO-acre threshold for tracts located landward of the coastal management boundary. As previously stated, the subject property is within Zone I of the East Golden Gate Wellfield Protection Area As such, the storage or use of hazardous materials is strictly prohibited, and a commitment barring such substances from the site has been incorporated into Exhibit E, Section 2, item B. At the time of site development plan submittal, the applicant must demonstrate how adverse impacts from stonnwater management to native vegetation in the preserve area would be prevented, as required by the Neighborhood Center Subdistrict. .- Transportation Analysis: Transportation Department staff has reviewed the petition and the CPUD document and Master Plan for right-of-way and access issues. The applicant has incorporated Transportation staffs revisions within the CPUD document, and Transportation Planning staff recommends approval subject to the Transportation commitments contained in the CPUD document. Utility Review: This project does not impact the utilities provision. Per the 2008 Water and Wastewater Master Plan Update, the property is not located within the Collier County Water- Sewer District nor is it part of any other existing Utilities District. As the development is within the Golden Gate Estates Area, it is located in the City of Naples East Golden Gate Wellfield and Collier County Potential Wellfield. Therefore, the rules and regulations for the protection of wellfields would need to be followed. Emergency Management: The Fakahatchee Plaza CPUD is not located within a hurricane surge zone, nor does it propose residential development. As such, the Emergency Management Department has no objection to its approval. Zoning Review: LDC Subsection 1O.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" -- Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 9 -- , -'-.-'- .".--...~ --..-.-...- Agenda Item No. 178 January 12, 2010 Page 20 of 73 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The GMP designates the property a Neighborhood Center Subdistrict of the GGAMP, which areas have been designed to concentrate commercial and conditional uses where traffic impacts can be accommodated. The CPUD's proposed uses would be suitable because of the GMP's contemplation of such areas for the provision of basic goods, services and amenities for residents of the Estates. In addition, the site could accommodate the traffic generated by these uses because of its location at the intersection of Golden Gate Boulevard and Everglades Boulevard, both rural major collectors. The CPUD also incorporates specific development requirements, as outlined in the Neighborhood Center Subdistrict provisions, to ensure the development's compatibility with the existing pattern of development relative to the characteristics of the land, surrounding areas, traffic, access, drainage, sewer, and water. Therefore, the site is physically suitable for the proposed development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts. or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the CPUD document makes appropriate stipulations for the provision of necessary infrastructure. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Based upon the requirements of the Neighborhood Center Subdistrict and Comprehensive Planning staff's analysis, the proposed CPUD may be deemed consistent with the GMP except for its proposal to allow a drive-through pharmacy. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, As depicted on the CPUD Master Plan included at the beginning of this report (and in Exhibit C to the CPUD docnment), the proposed uses would be separated from the single- family homes to the north and west by a 25-foot wide enhanced Type C buffer (as described in Exhibit B, item B) coupled with a minimum SO-foot wide buffer of retained native vegetation. To the east, and south, along Everglades Boulevard and Golden Gate Boulevard, respectively, the enhanced Type C buffer would also be provided. All of these Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 10 Agenda Item No. 176 January 12, 2010 Page 21 of 73 ,- proposed buffers would be consistent with the Neighborhood Center Subdistrict provisions and would exceed the requirements of the LDC. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. According to the Master Plan, 30 percent of the site's total area remaining after the conveyance of right-of-way, representing 1.18 acres, would be retained as open space, which meets the minimum open space requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. No level of service deficiencies currently affect this site and the Developer Commitments contained in Exhibit E would provide for the adequate provision of necessary infrastructure to meet concurrency requirements at the time of site development plan (SDP) approval. Therefore, the timing of development would not be an issue if the proposed rezoning were approved. 7. The ability of the subject property and of surrounding areas to accommodate expansion. -"--.. Consistent with the intent of the Neighborhood Center Subdistrict, the site is neither designed nor intended to provide for expansion. Nevertheless, approval of this petition should not adversely impact the ability of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The project's development standards are contained in Exhibit B of the CPUD document. Although LDC Section 2.03.06.C.3 permits CPUDs to include the entire range of uses permitted in the General Commercial (C-I) through the Heavy Commercial (C-S) zoning districts, the provisions of the Neighborhood Center Subdistrict restrict these uses to only those that are allowed by the C-! through C-3 zoning districts. As such, the C-2 zoning district has been used as a benchmark to evaluate the proposed development standards against the standards of the most similar conventional zoning district. As illustrated in the following table, tbe proposed CPUD standards are consistent with the C-2 zoning district. - Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised lJ/9/09 Page II --...--- -.~-_.- -- ..--.---'" Agenda Item No. 178 January 12, 2010 Page 22 of 73 Proposed Development Standards for Principal Structures vs. C-2 Standards of LDC 10,000 sq. ft. I 00 feet 15,000 sq. ft. 150 feet external internal 25 feet 25 feet nla 15 feet 15 feet 7.5 feet 50% of zoned building heights, minimum 15 feet 25 feet 15 feet 15 feet 50% of zoned building heights, minimum 15 feet 1 storey and 35 feet (zoned) 47 feet (actual) 35 feet LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners.. . shall show that the planning commission has studied and considered proposed change in relation to the following when applicable:" 1. Whether the proposed change will be consistent with the goals, objectives. & policies of the Future Land Use Map and the elements of the Growth MalUlgement Plan. As noted on page eight of this report, except for the inclusion of a drive-through phannacy in the list of permitted uses, Comprehensive Planning staff has found the CPUD to be consistent with the Future Land Use Map (FLUM) and the other applicable provisions of the GMP. Furthermore, the property is designated as a Neighborhood Center Subdistrict, whose specific development requirements outlined in the GGAMP have been appropriately referenced in the PUD document to assure their compliance. 2. The existing land use pattern; The subject property is located at the crossroads of Golden Gate Boulevard and Everglades Boulevard, an intersection in which all four quadrants are classified as a Neighborhood Center Subdistrict by the GGAMP. Except for the property in the northeastern corner of the intersection, which is zoned Big Bear Plaza CPUD and approved for commercial uses consistent with the C-! through C-3 zoning districts, the properties surrounding the subject site are zoned E and are either developed with single- family homes or undeveloped lots. In light of this land use pattern, the proposed CPUD would be appropriate for this location. Fakahatchee Plaza CPUD. PUDZ-2007-AR-1 1398 Revised 11/9/09 Page /2 Agenda Item No. 176 January 12, 2010 Page 23 of 73 -. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Approval of this CPUD would not create an isolated district as the proposed CPUD fulfills the intent of the Neighborhood Center Subdistrict of the GMP, which is to locate commercial uses that can provide basic goods, services and amenities to Golden Gate Estates residents while still maintaining the semi-rural character of the area. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposedfor change. The aerial photograph on page two of this report highlights the boundary of the subject property and demonstrates that it is logically drawn consistent with the Neighborhood Center Subdistrict. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. As contemplated by the GGAMP of the GMP, an increased population in the Estates- designated area of the County, which is typically far from the Urban-designated area, has created a need for basic commercial goods and services closer to Estates residents. The proposed CPUD would meet the needs of this population by rezoning E-designated property to CPUD in order to permit basic commercial uses ranging from C-t to C-3 in intensity. Furthermore, the Neighborhood Center Subdistrict encourages rezones the form of a PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed CPUD would not adversely affect living conditions in the neighborhood. Incorporated into the proposed CPUD document are the applicable provisions of the Neighborhood Center Subdistrict of the GMP, which were designed to assure that the commercial development anticipated for the subject site would respect the location's semi-rural nature. For example, an effective 75-foot buffer would be required to separate the proposed uses from adjoining residential ones; a rural, "Old-Florida" architectural style would be required, including complementary signage and street lights; allowable uses would be limited to intermediate commercial and potentially noxious uses would be prohibited; and access points would be restricted. Additionally, staff has recommended a condition of approval limiting the hours of operation on the site from 6 a.m. to 11 p.m., as was approved for the Big Bear CPUD across Everglades Boulevard, to prevent potential incompatibilities with adjoin residential uses. The development of the project would also have to be in compliance with applicable concurrency management regulations at the time development approvals were sought. Therefore, the proposed uses would not only be compatible with the surrounding neighborhood, but would enhance living conditions by providing much needed commercial services and amenities. .-. Fakahatchee Plaza CPUD, PUDZ-2007-AR-J J 398 Revised 11/9109 Page 13 ~., ,~ "'--'''-~-~-'- --.,- -- --_.---~ Agenda Item No. 178 January 12, 2010 Page 24 of 73 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. because of peak volumes or projected types of vehicular trifflc, including activity during construction phases of the development, or otherwise affect public safety. As previously noted, the proposed CPUD was reviewed by Transportation Planning staff, who has ensured that the language incorporated into Exhibit E of the CPUD document is appropriate mitigation for potential traffic impacts. In conformance with Policy 5.1 of the Transportation Element of the GMP, no significant level of service impacts would result from this project. Rather, the provision of goods and services in the Estates-designated area will reduce the average trip length for these residents. For these reasons, the proposed CPUD would not excessively increase traffic congestion or otherwise create adverse traffic impacts. 8. Whether the proposed change will create a drainage problem; The proposed change would not create surface water problems since the CPUD document incorporates appropriate language to insure suitable drainage on the site, such as the provision of 0.61 acres for stormwater management and the utilization of the 75-foot-wide buffer area for stormwater detention. The project would also be reviewed and approved by the County's Stormwater Engineering staff and the South Florida Water Management District at the time of site development plan review. Therefore, no drainage problems would result from the proposed development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed CPUD would not impact light and air on adjacent properties since ample setbacks have been provided for the building envelope from the property's boundaries as a result ofthe intense buffering requirements ofthe subdistrict. J O. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon a variety of circumstances that are external to the subject property (since property valuation is affected by a host of factors other than zoning). However, given the proposed development standards, no diminution of property values would be anticipated. J J. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed development fulfills tbe planning objectives of the GGAMP, so it is improbable tbat it would be a deterrent to tbe improvement of adjacent property in accordance with the existing regulations. It sbould also be noted that development of the Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 14 Agenda Item No. 178 January 12, 2010 Page 25 of 73 subject property would make the two adjacent residential properties eligible for Conditional Uses pursuant to the transitional Conditional Use provisions of the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; As previously stated, the proposed CPUD complies with the Neighborhood Center Subdistrict of the GGAMP and, with the developer's commitments contained in Exhibit E, would also be consistent with the applicable regulations of the LDC. Furthermore, land use applications are subject to a public hearing process to insure that they do not constitute a grant of special privilege and that they are compatible with other properties in the vicinity. 13. Whether there are substantial reasons why the property cannot be used in accordance with .. . eXlstzng zomng; E-zoning is no longer the most appropriate for this location. Because the property is at the intersection of two major rural collectors, it is more suitable for the intermediate commercial uses needed by the area's burgeoning population. Moreover, the Neighborhood Center Subdistrict of the GGAMP designates this area for the proposed uses. ","" 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As previously stated, the commercial uses of proposed CPUD are needed by the community, as reflected in the area's designation as a Neighborhood Center Subdistrict. As acknowledged in criterion six above, the specific language of this subdistrict has been incorporated in the CPUD document to ensure the project's compatibility with its surroundings. Furthermore, zoned building height would be limited to one-story, with a maximum height of 35 feet, which conforms to the neighborhood. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are potentially other sites already zoned to accommodate the proposed development; however this is not the determining factor when evaluating the appropriateness of a rezoning decision. The proposed CPUD was reviewed and deemed compliant with the GMP and the provisions of the LDC, subject to approval of the requested deviations. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification, ~- Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 15 ~,. - ...-'.' .,'.-,.,-.-. ..... ._.'- "'__m._ ___.._._.'M_" ,._,,__.__ Agenda Item No. 17B January 12, 2010 Page 26 of 73 Any development on the site would require some site alteration. However, with the proposed development, one acre (18 percent of the site) would remain vegetated or replanted with native flora. 17, The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. As noted, the proposed CrUD petition has been reviewed by the Transportation Planning Department and the Utilities Department, both of which have recommended approval of the project, finding that it would not have an adverse impact on the levels of service for public facilities. NEIGHBORHOOD INFORMATION MEETING (NIMl;, The applicant duly noticed and held the required meeting on November 14,2007 at 6:00 p.m. at the Golden Gate Estates Branch Library. Thirteen people from the community attended, as well as Fred Hood, AICP, and Tim Hancock, AICP, of Davidson Engineering, and County staff. Mr. Hood explained the objective of the CPUD rezone by stating the following: . 25,000 square-feet of commercial was proposed; . Uses consistent with the C-I through C-3 zoning districts were being sought; . A minimum 25-foot landscape buffer would be provided around the site; . A 75-foot wide buffer with a meandering berm would be provided adjacent to residential uses; . Maximum building height would be 35 feet; . Only two points of access would be provided. Golden Gate Boulevard would be right- in/right-out and Everglades Boulevard would be right-in only; . Right-of-way would be set aside for road widening; and . The CPUD would provide needed retail and/or office space. Mr. Tim Nance of the Golden Gate Estates Area Civic Association said that the applicants could gamer the support of the Civic Association if lighting were carefully examined and designed so as not to impact adjacent residential uses, Another audience member expressed concern about a "domino effect" if the property were rezoned. Mr. Hancock explained that the Neighborhood Center Subdistrict provided for the proposed uses and that adjacent residential land could not just be converted to commercial. Another person wanted to know what commercial uses would be opening on the site. Mr. Hancock replied that no business had signed a letter of intent at this time but added that they would like to see a small restaurant, dry cleaners and other uses of that nature. Mr. Hancock assured attendees that there would be no fast-food restaurant, and that the only drive- through uses would be a bank and a pharmacy. He also said that no gas station would be permitted Fakahatchee PICl2a CPUD, PUDZ-2007-AR-11398 Revised 1119109 Page /6 Agenda Item No. 17B January 12, 2010 Page 27 of 73 .<~' because of the site's wellfield location. Finally, he committed to a building height of one-story and 35 feet zoned, with an actual height of 47 feet. No opposition to the rezone was expressed and the meeting concluded at 7:00 p.m. Because of the long length oftime between the original NIM and the project's CCPC hearing date, the applicant held a second NIM on September 24, 2009 at 5:30 p.m. at Golden Gate Fire Station No. 71. Only two people from the community attended (who had also attended the first NIM), as well as Mr. Hancock and County staff. Mr. Hancock re-described the project and both of the citizens expressed their support, saying that commercial uses were needed. They also wanted to know the feasibility of the adjoining properties becoming commercial; and if there would be fast-food restaurants, Mr. Hancock explained that the GMP would not allow the expansion of commercial to those properties or drive-through, fast-food restaurants. The meeting adjourned at 5:50 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed and approved this staff report on November 16,2009. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2007-AR-I1398 to the Board of County Commissioners (BCe) with a recommendation of approval, subject to the stipulations below, which have been incorporated into Exhibit F of the CPUD document: 1. Irrespective of that stated in Exhibit B.I, Architectural, item E, no drive-through pharmacies shall be permitted (unless recommended for approval by the CCPC as for the Snowy Egret CPUD). 2. The hours of operation on the site for all non-essential services shall be limited to 6 a.m. to II p.m. - Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 17 -..-.-.'-"-'-.-'" ''''_._~'.~+ ,-_._._-~~.,_._."."-., Agenda Item No. 178 January 12, 2010 Page 28 of 73 PREPARED BY: JO - AVID S,AlCP,PRlNCIPALPLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: II-I?-b! RAYMO D V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW '?no I SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW C) DATE APPROVED BY: /I/t?fri ( I DATE S PH K. SCHMITT ADMINISTRATOR ITY DEVELOPMENT & ENVIRONMENTAL RVICES DIVISION Tentatively scheduled for the January 12,2010 Board OfCOlll1ty Commissioners Meeting COLLIER COUNT PLANNING COMMISSION: ~ (1 b P. STRAIN, CHAIRMAN DATE Fakahatchee Plaza CPUD, PUDZ-2007-AR-11398 Revised 11/9/09 Page 18 . -- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLWGOV.NEI <. . Agenda Item No. 178 January 12, 2010 Page 29 of 73 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 , "';0',,'. ' .. '. . ApPLICATION FcHfPUBjjCHEARiNGFQR: . "" ,',' ,',.'- """-'" ".,'" d AMENDMENT TO PUD (PUDA)' . . 'IZlPUD REZc)NE (puDtr.. -. '.[] . PUD TO PUP REZONE (PUDZ-A) ",,' , .- " ...' -' ., .' .' -, :. '- -.' - ' .' -- .' .", " - ". ' ',' '-', - - ~ -'''' :.' ',. ':,' - - ''''-, ' , .' - ,. ". " ' , ",' "" "'-, , "','.; .' .,..,....,. ,-"':',' .' -",',-' - ,- ,--, ';'. .' -..... ",:'.,,'::',,"" '- -',"':'. PUDZ-2007-AR-11398 REV: 1 Project: 2006120042 Date: 3/14/07 DUE: 4/11/07 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESS.ED ASSIGNED PLANNER - , ,"",.,-"-",;,,:,,..:.,"" ,', ,- ;,' .,;:' ":. ",,' ...... ....... . .. .. , '- :' . .' "-' ',' ,,' APPLICANT INFORMATION . ,.... "--" .'.. ,','., - ,- ,- ,..' .", ',' :".:.,' .' '.. '. ' .. . . .', , " ' .' ", "., , "','- .-~.. . NAME OF APPLlCANT(S) SHO,E$OP PROPE~J:IES. LLC ADDRESS 840 JUNG BLVD WEST CITY.l!IAPLES TELEPHONE #....I23ill5S-S.Hl CELL # ....1239)777-480;1 E-MAIL ADDRESS: - STATE FL ZIP 34120 FAX # ..J23914SS-736S TELEPHONE #....I2~;.3916.. _' CELL # E-MAIL ADDRESS:DAVIt!SO~G.COM NAME OF AGENT JIM HANCOCK. A~Ay'IDSO~RlflIG.II\IC. ADDRESS WAY CITY NAPLES STATE.J'l ZIP 34109 FAX # ....I~39tS97-S19S / / . BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUI YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH ESE REGULATIONS. .~_., Application For Public Hearing For PUD Rezone 1122107 " '-"~"'- Agenda Item No. 178 January 12, 2010 Page 30 of 73 .,'. ':., ,~. ': .' .' ,- ." '-' ,'- .' 'M;SOCIA.'n. Q~'TS" :' .'. . :":'" : "'. "" ' .'.' "UJ."I"'", -~ '''''.~ .' " -.....,-.... ...' -..-...,.:...,.....:...,....."..:;" '.'."-',-,-.,"-.- ,.,,;,.-- ,'-.',-;;:." -,.",., '-'" "',: ," . -,.'- ,- '-',;:':.;.:',: .. , '. " -'-'C',,"__".'," ,>."'" Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION. MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION. MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION. MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION. MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION. GOLDE~ GATE ESArES AREA CIVIC ASSOCI~TION MAILING ADDRESS 233S TAMIAMI1]lAIUIORTH SYIIE 308 CITY NAPLES STATE.-fLZIP 34102 - Application For Pu.bl1c Hearing For PUD Rezone 1/22107 ~,.~.. Agenda Item No. 178 January 12, 2010 Pa e 31 of 73 , ,... . . ,.... ," ~.. '.... ",'" ,".... ...-, ....." ,',' "., ,. ".." ,. .,. . "........ . ,,,,,,.--- ,...-......". ""','~'..' ...., -,'" --. ,', .,. '," ,., ,.. -. """ ." ,,,. ... "., .' "--' .."."- ,,'u,," "'. "'< ..'- ,', ,.-., .,..., t'''''''''''''- .~."".. ,.... "'",., ',.., "C" ..~ ", . .... . . ...' .'. 'n"d .. .. '''fm'te' --' 'lIi"f;'''''''''''' .U.....' "',,, . , . , ,. . IS O~'.Aores' orJna on" , ,',' .,' ' , .. :'-" ',.'(,' :,,'. "., .." ''" '., ... .'. '.,;,~",,-' ,; ." . .', .- \:IU,It."'"; - . . .... . " . :,'.",,' " -' ".: .-~. ,.-- . - '." .' .....; ," "," <.'" ,,":".. '-'...: , ,', .c':" ','. ' "': .' ,-.". '..... ,'" '" .,", .. ...... _ ":. .. . . '.C. '. 'c, ".'. u ..' ... .' ... ','. .;: .' ,,' ",.... .. '_," ".__ "". ,,'_ ,_. , ',.' ,....:,:,-.",> :- <'!x";.' I:'->:~~,:;:,,:.::1M}'::~_:xe'::.-:~{1~:,'-!;:;::;,:'I\':;(5:, '. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirely, tenancy in common, or loint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). .. Name and Address . Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership Michael SchoeUer 840 JII..!IS! 8Jvd Hlulles. F.l.H120 100% - c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name 'and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 1/22/07 - --_..- " .~' ,,~"_....... Agenda Item No. 176 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,JR~j~ ~i~~ of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or portners. Name and Address Percentage of Ownership - Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Application For Public Hearing For PUD Rezone 1/22/07 g. Date subject properly acquired 0 leased 0 Term of lease Agenda Item No. 17B January 12, 2010 Ppge 33 of 73 yrs./mos. If, Petitioner has option to buy, indicate the following: Dale of option: Date option terminateS': Anticipated closing date . or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the dale of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. >,., c'- ",';):,'-:,-,:" ':':"~~:;<:i~::f\~~Y<',';:,' '. PROp.....,..... WI' A '-'TONe '-:'-" ,/~':,j~":~;-~:,.\~,>,-",.;,~,.;,I.~.. _',,,,, ,.,." , "'- ....... - ",;:;,:~<":~-ii::'\~'!+>:~,:,::,,:\ _ :::. ~<~::i:i:;::,)~::f~'~~1~:;;r>;:~'- ;<~~::_;:~ Detailed l!ll:al descril!tion ofJhe l!!:!!JIertY covered bJ: the all.l!Jlcation: (If space is inodequate, attoch on separate page.) If request Involves change to more than one zoning district, includeseporate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. ."-. SectionfT ownship /Range Lot, 1 28 6 / 49 S / 28 E Block, Subdivision. ~ Gate_Estates. U,,1I76 Property 1.0.#, 406290oo00t Plat Book Page #, - Metes & Bounds Description: 1I!.ACT 128. GOIJm:ol GAIUliTATES UltII..NO. 76 A$ !l.ECORP~D It!! PLAT BOOK 5. P_AQW 3. AND 14 P CO LIE FLO THE BO A OFA 238.1I00SQUARUliiET OR 5.46 ACRES OF LAtm SUBJEg: TO EASEMENTS. RESTRICTIONS AND &ESERV A tlONS OF RECORQ, Size of Im!Ile~: 680 ft. X 350 ft. = Total Sq. Ft. :!: 2311.000 Acres 5.~ Address/l!:eneralJocation of subject m:!!Pertyl Northwest cClmer lit Golden Gale .l!lvd E and Everlllades Blvd N, ,,- PUD District (LDe 2.03.06), 0 Residential 0 Community Facilities o Commercial 0 Industrial Application For Public Hearing For PUD Rezone 1/22/07 .-.-.. "_ "__......_ n.-._ -.._~-_.- ,'.'..' ,.",' Agenda Item No. 178 Page 34- of 73 ...., "-'.,' .'.', "", ADJACENt.ZONINGAND:L~ USE """..' Zoning land use N "E" Sin9l!.Eami!y Home S "E" Vacant E "CPUO" -Yllcant W "E" Single Family Home Does the owner of the subject property own property contiguou5 to the 5ubject property? If 50, give . complete legal description of entire contiguous property. (If 5pace is inadequate, attach on separate page). NO. Sectio nIT ownship IRange lot: Block. I I Subdivision. Plat Book Page #. Property 1.0.#: Metes & Bounds Description: ........ . ,-."\::.,., '. ,'.-.. - ",c.',; . REZONE REQUEST '. ".,',' _..,'.,..-',;.....,-, -;'..', . .,-.., I ..,,' . This application is requesting a rezone from the"E" zoning district(s) to the"CPUO" zoning district(s). Present Use of the Property. . Vacant - Proposed Use (or range of uses) of the property: Original PUO Name: Comm!rcial/RetgjJ Ordinance No.: I -.:----....;.. .'. ,,' :".-.. ..C,' ,....-... 'EV ALUATiONCRiTERIA .' . , '.........,....,., ,.......'........-.,... ..........,... .. ..... '. 'j ,., ,. ",c:,:",:.:,::.:,,~ ":',i, :""_(~:,_:~,;::,,,:;:,.,";::'y-,~, Pursuant to Section 1 0.02.13 of the Collier County land Development Code, staff's analysis and recommendation to' the Planning Commission, and the Planning Commission's' recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD ~,ezonl' Considerations {lDC Section 10.02.13.ll} 1. The suitability of the area for the type and paltern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Application For Public Hearing For POO Rezone 1/22/07 ,.....,. ,,- Agenda Item No. 178 January 12, 2010 Page 35 of 73 Response: This petition seeks to convert 5.46 acres of land zoned Esta~!ijE} to Commercial PUD for the develo/J.ment of a commercial center. The ~dY Is bounde,d bv: Golden Gate Souleyard to the "south and Everglades Boulevard to the east. Access to tf!lt site will be throlJ1l.h both G~/f!en Gate Boulevard and EvelJdpdes Boulevard. The adiacent p~rtIes to the north and the west are occupied bv: !!!l!l1.e familY dwellings. The lUSlPosed ~ will comRfy wIth all buffer mgulrements 'set forth' In the CollIer Countv Land Deve/oRment Code. While pent,nfl water and sewer servIces do not exist in thIs area, th/{l subleet ersw.e~ part of a Nelghborl]ood Cen~r Whllf,h antic/~s the t'tPe of deve/opmeQ,l RlRPosed. Based upOn these factors th.!.R!!}POsed f]!!}ject I~ compatible wIth the !!!lacent P.!RR~rfles. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other i.nstruments, 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 a"orney. Response: The land Is owned b.y the Qet/tloner. AQY common areas withIn the e.!RJect. Includ~OJl all preserve are~s. will be Owlled and maintained bl( the e.rol2.ertv. owner. or subs/{lguent /H9PI{lrtv oW'1er or designated a~.lpoclat/on(~ 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. - Response: The lZlRP-osed Pro~ Is consistent with the Collier County Growth Management Plan (GMPl and the Golden Gate Area Master Plan (I:!GAMP) through the !f!lJlicat/on of the development standards contained in this CPUD. Th~.2!!2Poser!. l1l!li~ iscon,{l/stent with the foUowlnuner;ific ll2licies and oblectlves: Policy 1.1.2 of the GGAMP: The sub[ect e.!RPertv Is designated Estates-Mixed Use Dilp.t.rict."A.nd Neighborhood Cen~r Subdi:fitrict ~e;- the Future Land US!1 Element IF.LUE.) a.Qd the coun~ide Future Lf.nd Utj,e MaillF.L.U.M.l Policy 5.4 of the GMP: The 1URP0sed development Is coml1!!t/ble with ang c~mp'limentary to slJrrouncl,lng land uses In t!llt the lURPertv is within the Neighborhood Center D!strlct and will be deve/oDed per the Intended us,es anticlD!lted In th/{l GGAMP. Furthermot:8 the Q!!lP.ertles surrounding the sub~ l'.arc~ to the south and ,ast a(V vacant whlie the ~rties to the north and I1!,est are develol2.ed as a sln~faml!y home', These residential p~rtles will be .'iHlflcie.nt/y buffered as l1er the LDC. GMP anr! GGAMP. . ,'" Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) Is f.vrthe;.f!3d by the water management design of the P.J:9Ject which ut/lizes vegetated a!!1~ll for water management. As a_.~sult. the cumulative imp.l~cts of run-off are reduced and water qualitlt. trea,tlJ}pnt Is improved. T,h/{l.R!9.lect development is planned to ~ro~t the functionlnQ of natural draina~ features a(ld natural Qroundwater aquifer rechame areas as described in Q!}jectlve 1.5 of the Drainage Sub-Element of the Public Fa"cllitles Element, The eWect sh~!1 be In comeliance with Objective 3.1 of the Con~flrvatlon and Coastal Management Element of the Growth Manallement Plan. Application For Public Hearing For PUD Rezone 1/22107 ._.-,,-,,~'-~^ -~-,--,..- Agenda Item No. 17B January 12, 2010 Page 36 of 73 4. The internal and external compatibility of proposed uses, which conditions may include restridlons on location of improvements, restrictions on design, and buHerlng and screening requirements. Response: The et:S1Posed PUD compIles wIth the buffering reoulrements for Neighborhood Centers set forth In the Go{tjen Gilts Area Master I>lan. Thfl.l1f:Rposed PUD also complies wIth th.~ bufferIng ~_qulrements of the Collier Coun(v Land Development Code. The ~osed uses, setbeck lJMIulrements and maxlmul1! bullJ!lP.S height are consistent with existing and gotenfitY adjacent land uses. 5. The adequacy 01 usable open space areas in existence and as proposed to serve the development. Response: The subject properlv Is currentlv undevelop'~d. The p.I9posed i2Wect will meet or exceed the ~gulred open spJlce for a ,commerclal,~UD. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The p.!J1iect will comelY with the County Adequate f'.ubllc Facilities orrflnance where applicable. The site will be served b.v well and septic. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Response: Ror,1lJ. for expansion Is_not a consldfjratlon as the.f2!!lPOlifld PUD will fUllv utilize the subject f1!!2Jle!Jy. FI!.~ure conditional uses may ultlma~v be authorized on !!Sfiacent e!!Y'ertlfll! II] accordance with th, GMP. GGAMP and LDC. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modificatloris of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. - Response: The e!!Y'osed PUD compile:; with all appllcablll regulations set forth In the Collier County Land Development Code for a commercial developmeqt. No devlatlons.!rom the f-PP are requ~ted. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities hove' adopted such restrictions. You may wish to contact the civic or property,owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. previous land use Jllllitionl on the subject llli!perty; To your knowledge, has a public hearing been held on this property within the last year? 0 Yes [8J No If so, what was the nature of that hearing? Application For Public Hearing For pun Rezone] /22/07 - -- - Agenda Item No. 178 January 12, 2010 Page 37 of 73 NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application Is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to sUJ2l2.ly nec~sQry information to cOlJtinue proClmmg...Qr otherwf~e act~pur~ull th.e rezonln,gJQr a-Pllr.!od of six @ months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the proiect will be subject to the then current code. (LDe Section 1 O.03.05.Q.) Application For Public Hearing For POO Rezone 1/22/07 - '-._---".,.._- ~._--".._-,,_._._----- ,-- Agenda Item No. 178 January 12, 2010 Page 38 of 73 STATEMENT OF UTILITY PROVISIONS , FOR PUD REZONE REQUEST '. , "":>"',:,' . . .,.. .. .. ....,.. '.: .. .:' A~PLlCANfINFORMATION ".' '.... : . .' ,.. '," ,- ,".. .'..,.,.-.............,..."....., '.,',,-." --'.," .. .. "', .t.:..:;.,;,..,,:.: ": .'.""- -",\'..:" ,.' - " NAME OF APPLlCANT(S): ShoelfoP ProReI1les. LLC. ADDRESS: 840 Jung f30ulevard West CITY: Naples STATE: FL TELEPHONE #: (239) 455-5541 CELL # E-MAIL ADDRESS: ZIP: FAX#, 34120 ( 239 ) 455-7365 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): No street address. I.... ", . '. ';;':;'.'..':"',':':-',/;'::,-" -,", , ....,' " ,.' .." ,'-',', <. .,."...,..'.....,."..,.......!..,..,..:.......'.,._ ,',c.' """." -,. .-':'., '.". .....'.., '.," LEGAL DESCRIPTION. . . . "'-' ".. "0'- . .>';0;-,". . , - , "', :~. '.::,' - ..... I ,....,. SectionfTownship/Range: 13/48S/25E Lot: Plat Book 5 Block: Subdivision: Page #: 13& 14 Property I.D.#, 00151240007 & 00150680008 Metes & Bounds Description: - TRACT 128. GOLDEN GATE ESTATES UNIT NO. 76 AS RECORDED IN PLAT BOOK 5. PAGES 13 AND 11- OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA THE ABOVE DESCRIBES AN AREA OF APPROXIMA TEL Y 238.800 SQUARE FEET OR 5.46 ACRES OF LAND SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVA TlONS OF RECORD. . I ,... . TYPE OF SEWAGE DISPOSAL" TO BE PROYIDED (Check applicable system): . . .. I '. ...., . '. COUNTY UTILITY SYSTEM a. CITY UTIlITY SYSTEM b . FRANCHISED UTILITY SYSTEM PROVIDE NAME d'. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM o o o o [gJ Application For Public Hearing For PUD Rezone J/22/07 .'C, ,,"-'" """., .'.i'- a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o o o 181 TQTAI. POPULATION TO BE SERVED, N/A PEAk AND AVERA~EbAIi.:YDEMANDSj , ...... , ".'".. ',' ,..' .-,......., '.",",' " ... " " - " .... ..., -- ",' , . ~ ' A. WATER-PEAK: 5.160 GPO B. SEWER-PEAK: 5.160 GPO AVERAGE DAilY: AVERAGE DAilY: 1,290 GPO 1.290 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A NARRAi'I'v"E"SfATENlENTi Provide a brief and concise narrative statement and schematic ....'-,.,..,--.- .. ... ....., ,',' ""',...'- drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional . engmeer. RESPONSE: The sewa9!!..produced on-site shall be tre.,tfld thrl?l!gh a Rrlvate ~tlc field system, -,-.".---.' ",'-'."'.'.'"."'.','. .-,'" '-- .", ........--.--.'....,.,.-, '."" ,"".'." ....-.. .,-'.--.,-'''..'.. <:OlLIE!lCO!,JNTYI./TO!ITV'DEi)ICATIONSTATi:MENTi If the profect is located within the ,,- , . .- services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the profect area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building' permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. RESPONSE: NIA. STA'rEMENToF AVAILA$ILlTY CAPACITY FRONl-OTHERPROVIDERS, 'Unless waived or ' '.. '''','' '''_',' '. --d." ,.... .........,... '. ....; " ", _ .."." ,. ." otherwise provided for at the pre-application meeting, if the profect is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. - RESPONSE: N/A. Application For Public Hearing For PUD Rezone 1/22/07 , ~ From:Davidson Engineering 239 597 5195 02/14/2OD7 18: 19 Age~p\ IlO2I1i1ti1 January 12, 2010 Page 40 of 73 . . .' .' '. '. .".<l> ~tr of- <;l..VL~/lLc We/l, I 5 /I being flrst duly sworn, depose and say that well amlare the owners of ,t/:::[., LLC. the property de~fbed herein and which Is the subJect matter of the proposed hearing, that all the answers to the' questIons In this application; including the disclosure of Interest Infarmotion, .011 sketches, data, and other supplementary matter ottached to and mode a port of thls appllcqtlon, are honest and true to the best of our knowledge and belief. We/' understand that the infarmatlan req....Sfed on thl. applicatlOl1 must be complete and accurate and that the cantent of this fol'll'l. whether computer g""erOted or. County prlnted' shall not be altered. Public hearings will not be advertised until this . application i. deemed complete, and all required infarmatlon has been submitted. . As property owner Well further authorize rim Hancock:. Alep to act a. our/my representative in any mCrtiers regordlng this Petition. SlgnaMe of Property Owner Signature of Property Owner . . Typed or Printed Name of Owner - - . The foregoing lns1Tument \Va. ac:knowledged !:>&fore me thl. .I f -: day of Fe t...,;:;;, , . 2007, by ~ . I ~(.,..>.. U <.r. who is personally known to me or has produce - as identification. State of Florida County of Collier /" - (519 re of Natary Public - State af Florida) . NOlp.~.y J'lIHUC.gl~m OF FLORIDA 'l,:r'.it Ci"3ig D.llJume ~; fli'd ' , 'ion #00415758 (Print, Type, or Stamp Comnf . U;;dxpircs: MAY 22, 2009 Name of Notary Public) Bonded Thrn AUnDue Bonding Co., 10" . Applio&tian For Public Hearing For PUn R...... 1122107 '~-. . - - ,",.'- From:Davidson Engineering 239 597 6195 02/14/2007 16: 20 AgenllaB81tP.IflD3JiiliS January 12, 2010 Page 41 of 73 COVENANT OF UNIFIED CONTROL . The UDdmsigned do hIlreby _ or ~ that 'We are 1l!o fee simple titleboldeB and 0_ ofrecord ofproperty wmmoDlykuownaa <>1,,, Jd LJI>i41..<jl)()/y>c> I . " (8_ ~ and City, StDIe and ZIp Code) and lega!Jy described In Exlu'bit A allDched bCreto. .. The property described henoin is the subjjt; of ait appIi~ f~r ~t::::fCi#, planned unit develDplllOllt (CPUD) ~ WebcrebydeslgDalll {1M '(J:1)rT:C~ . f/j)j(ji) . .' : Iogalrepresentalivethereof, as the legal repreoen1a1iws of UIe property and as such, these iDdlviduals are auIh...;....! 10 legally bind all own... uf the property In UIe C01I1'SO of soc:kiD& the __s!llUy approvals to develop. Thls authorio/ includas, but is not IlmiIl:d to.1Ire hiring and au1horizallcin of ogcntB to assist in !be preparation of applklatkm&, plamo, mrveyo, and studies neces...'Y 10 obtain ..."';"g approVlll on the si,te. . These representatives will ~ the only entity 11) llI1IborIze development activity on 1he property until such lime as a new or am...ded COVllllllllt of.unified conttol is delivered to Collier County. . - . The 1lIl.llemigned recogni~ the fullowing and will be guided accordingly in the pursuit of development of the project: . 1. The propeny wi1I be developed and used in conformity with the approved mastet plan inchnlll1i all cCllldi1i<ms placed . on 1he developo,,-"l and. all CO.....,.tm_ IIf!Rlld to by the applicant In conoectlon with the pl.'.had unit development . ICZOIIlIIg. 2. The legal represeotelive ideutlfied herelD is respl>IlIIible illr compliance with all terms, cODditioDl, safeguards, and stipulatioDa made at !be lime of approval of the master plan, """" If the prope'o/ is oubscqllllDl:ly sold In whole or in part, unless and unitl a new or BmOllded oo".,..ont ofnnilied contlul is delivered to and recorded by CoIIIcr County. 3. . A departure lmm the provislOllS of the approved piaDs or a lidIurc to comply with any requlremeul&, conditions, or safilguards provided ti:>r in !be pl.~ad unit developmeut pro<:eS& will coDSti1u1e a violation of1ln> Land Develllpment Codl'. . . . 4. All Ierms and conditions of UIe planned unit developn...nt approval will be incorpomted Into 00""""_ and restrictions which run with the land So ..to provide notice to subsequent owners that all dcv<:mpnleJ1t activ/tr witbin the plRnned unit development nmst be consistent with thOle te._ and conditions, . s. .so long .. 1bis coveoant is in furce, Collier County can, upon UIe discovety of noncompliAnce with 1he 'NmO, safegwuda, and conditiollS of lIIll pl""""oi unit development, seck cqollllble mlief as neoea!llUy 10 compel C01IlpH._. The County wtll not issue permita, cetIificatl:s, or li....... to occupy or use any part of1ln> plll11lled unit ~ent . and lIIll County may stop DDBO' cODStnwtion activity unUlthe prQjoct is brougbt into oompIiance with all tc....... <!& lenncd lIIlit develoPment. " A,:tel \c h 0 e{(e /' Vl.6-I'( . Printed Name . I Owner I'rintod NIIDlJl STATE OF FLORIDA) COUNTY OF COLLIER) . Sworn to (or a1llrmed) and subscribed before me Ibis /)" day of h t '---7 . 200.7 by M(c~./ ~(." aU' who is petBOnaIlyknownto me or haB produced . as idCl!lffication. ~ No . AppIi=tion For Publio RP.APi,..For PUD R~e Ih:2/fJ7 (Name typed, printed or stamped) (Serial Number, ifany) NOTf,l\Y PU1JLlC.STATE Of FLORIDA "':fl, ,,):,i i2rf.l3.g Dr Blume At~h Counuis,ion # DD41S7S8 ~.~I' Expires: MAY 22, 2009 ~,q~tll;t.d TWU AflllrHie ntl8.d..tH.g CC)'I 14'" I I __ ,_.w,."_,,~____,__ ",~._~.___..,~..,...~...., _'" "u pUD AMENE>~ENT (~UPA) . pUDRE:z9NE (PUD2:).. PUll 10 pUD REZONE (pUDZ-A) APpLlc:ATIQ,N SUBMITTAL CHECKLIST Agenda Item No. 178 Pagel 42 of 7 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS v.s~ ..ji..;i..'tD" -":'&"R'.dO" ',' iDE" '-Q' ,. '"I'R"-'E'.'.'E- ..'i;rJt',(>:,,_~;,,_'~-.~;~l.';'.'.,i: ::;>':'.:.~;":''':' ~'.'!:''''.' .':' :..,..:,., ,";i':,;;.!>,<'_' '!. '.-;~,.,,:,; -"><:""-;;;'::.'\'";"\':;:\~'~!"'~'I.:',,,, 'J"-;_".!,-"i;,,,,--_:.::~~:;:i ~(.:I:~.)III .,:'" ''.lA, .' ", , ""." ,m .nt''''::~':::,',~~;f.J~':~;'''lifr%;.,J}~!~;~:7~'t' _';'~~',: ;'~t::f";;:\;d:';::,~:;:: '~;!';\~':~:'k';'j,~~~@\:,.1;~\::,:;;\,.;;~~~;;:ir~";i!l~;l;!~~t': I Addilional .el if localed In lhe Bay.hore/Galeway Triangle Redevelopment Area) C~es of detailed description of why amendment Is necessary Compleled Application with II.. of Permitted Uses; Development Standards Table; List of proposed deviations from the lDC (if any); List of Developer Commitments (download a licalion from website for current form) Pre.~lcatlon meetlno notes ruo Con~al Master Plan 24" x 36" and One 8 Y2'~ x 11" co~ Revised PUD Conce tual Master Plan 24" x 36"and One 8 y," x 11" copy Original PUD document/ordinance and Moster Plan 24" x 36" - ONLY IF AMENDING THE PUD Revised PUD ~icatlon with c:ha~es crossed thru & underlined Revised PUD a /icatlon w amended Title oage w lord #'" lDC lO.02.13.A.2 ;:,..,'~i-'-~'-:rI'.~i~~:;;::"-7f' ~i~'~t~;EI'J"""d':ft':"~';'~'''''' :i' :"~;\'m;"C": iiiJ";-".i::,r-:::l'J,,~:; ,v.~,~".',:. /,~; ,', c':" ':.:,' i';'i,'~':'/); i".,t':;;i.iF'!"<'l"i,,"I,-,,':'~,;:,:,>:L,'" __ ,r,,'~::;'~~:;;'.~ ~~,:"';':" ~ ,_:'~,: '. oftl. ',;0 ','Ioe ',T,fjIi DWln":~cl-\"~':": ,:!:,:;~',:":,,,:o ~;;) ,",." ',:~ "\:'~1,r; '.~ ;,:;::-'/,/:__,c,::,::r :."',."^,'_',~i~"';-f:":';~~'~'C,.'l~<"..:,\,,:,-'oi:'::"',,'1: 'r: i:"~>:' ~, .:; :;.'j"" '--':'~ ":1.">;;":").",.,:"~,I"",,,-,,,,,,,,~-,,~,:,~'i''"" ,Il\l!",,: ":';"':'..,~::,<-",,":-: ,,:' ,(,;,'- ,.,"'; ~(r' ",'6:," I ""C,',' " ';~-': ".':.____.,,--,~'. ,:, i,:~' "',:..',':':(:'r!;~',,,,;,~,,,,,, -<:,,.;.:.,~,,~ ;:,;:":t,:\"N,"':",'..t<'_::!.~,, Deeds/legal's & Survey (If boundary of original PUD Is amended) list identifying Owner & all parties of corporation Owner/Affidavit signed & notarized Covenant of Unified Control Completed Addressing checkl~t "-.,,,,...,~ '-'''-''''~''''''''^ ,n.,,'_'"'' '. "".'-'''_','.,c",~'. "'"'.' '<, " ,"-,.'," ...".,__' "',,,;,,,, _.. ,"' ~~-b",-, _" ."' _-"""'''''''''' "... ,,", '",'"' " ",~" ,',' ....".." ',__ ''''''', _ '"., ".., .~.~, t'oo' '''''Of' '~'h'"fO'II'''-'l''''''''''''''''' ........... ".,.. ....... ,.... "." "",' ,... . ,".,. ",-- e& e. ow.' ,.'",,"".. "''''''''''''''''-''''''/.'''~I''':'''' """''''''''''','';'' ",-,~" ,'," ,'_'......">.~. 'n'_,'"" '.'. ..: ,.' '. :'" ',; , ."""',:-,..,,~.- --~,.".' ',' ,--,,' "'." ,-...,' "'.'" ;; .-..,,',,',,;'0: ", .,,'''' ,,",,/;'.::"-:'.',,,'.- .~, ,; .",' ,., __~" ,>,',:. _.";,' "--""":;"'.'.-".:'"..,,,,,,', ,,:\'-"'" :,~_"",,,;: ,';_, ",.., -, ,.'" - .'" "', '---, ''-' " ,.- "", '" " ",',' '-'" "";' ">:.":,..~~.;.~-,,,",,.~,~:J:. "",,','! :';",',:":,,";,,.',,;.-~ ,,,,,,--n""):i"~'~'_i-'"'' :'.'c\,~ir:~,",,:, .,)".>" .';"Jr;",',;,-" -'"-,, ',.,,-'; ::.", ""i""",.-,it;,, "-" "''-:''~''~';'.l,.'l;,.,l,.'"'(~",,,,::\..,~-,,<,,.\,,.,,',:,\x-,',,--,-'.!r,"':":;'" Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption ~stjflcation Historical Surveyor waiver request Utility Provisions Statement w/sketches Architectural rendering of proposed structures Survey, signed & sealed Traffic Impact Statement (TIS) or waiver Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' ~ Electronic copy of alf documents in Word format and plans (CDRom or Diskette) letter of No Objection from the U.S. Postal Service If lo.gled in RFMU IR~ral Frln,ge Mixed Us~lli""iving Land Ar~gi Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 39-690~3500 for information regarding "W: ir I1ltigatl Preventi Plan". lDC Section 2,03.08.A.2.a.(b)1.c. t 7/3107 Appricant/ Agenf Signature Dote Application For Public Hearing For PUD Rezone 1/22107 #OF COPIES 24 24 24 24 24 24 24 24 2 2 2 2 2 4 4 4 4 4 7 s 1 1 REQUIRED X X X X X X X X X X X X X X NOT REQUIRED X X x X X X X X X .-. Agenda Item No. 17B January 12, 2010 PUDZ-ZOO7-AR-11398 REV: 6 Page 43 of 73 FAKAHATCHEE PLAZA CPUO Project: 2006120042 Oat.: 10/5/09 DUE: 11/2/09 Fakahatchee Plaza Transportation Impact Statement Prepared For Michael Schoeller 840 Jung Boulevard West Naples, FL 34120 ,,~.- Prepared by Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, F10rida 34105 February 2007 May 22, 2007 June 11, 2007 October 25, 2007 June 9, 2008 July 25, 2008 August 12, 2008 October 31, 2008 December, 12 2008 July 27, 2009 September 18, 2009 ,.-'-' .,,~"~.. . '" --._~"-' . .~.,.,.__. __~ ,.~ m__.'____ Agenda Item No. 17B January 12, 2010 Page 44 of 73 Exhibit 1 r~ "'~"Cl.vJt'S,."._o , :I 1 ',' 11 , 0' --- _. -- J' . ... .,' Ii ,'if l!~ ,if N 'i , .~ ;2 ',. t"lt 1&[ ,lQ , i! I 1. . 6th lIVe N,e -. , , 4th Ave Ne -.- ,,'.,. '. , , , '.' , - -.-. w._._. , , n. , I .. , I j, ."..-' i , I', ' ;' , I i, I . , , , 2nd"'ve 1'1 Site .~- '" ... ...-...-- ._..-'""~ .-- -'- --- - ,,," ,~ Ie iW I , I 1 I I I IN .~ Ie IW , I , , , I i !, 'N' I...., i::ll !~, i~i .''''l i " ~ I 21111 "'ve s. ,-_., """"'"'_"H"_' on .... '............_.,...'..,,"__H',.. , . i >......,...... Golden Gale Blvd E _.____ ,.... _.....M_ .-----. -...........-, Golden Gate Blvd E , ,....-..- .."..,...- -_'.--.._". . , , , I " ;1 i' ., , I I ' II' 2OIl7 MopQu..t, 100, ! I ,-, I . ~ ) , ~ I ! ;' , , I , I I " , I I , . 4th ....e So. . i '[ ~ ,[ "lJ) 6th ....e 50 I I I , , I , 1 . , , e2007Nl'.VTeQ General The Proposed Pharmacy jRetail project is located at the northwest corner of Golden Gate Boulevard and Everglades Boulevard and totals 5.46 acres. More specifically the subject property lies within Section 5, Township 49 South, Range 28 East and is identified as Tract 178 in Unit 76, Golden Gates Estates. (See "Exhibit 1" Location Map). Existing Conditions The site is currently vacant without any permanent improvements on-site. The subject property is currently zoned as E - Estates. Proposed Improvements For purposes of rezoning this parcel, we shall evaluate the permitted land uses, listed in the PUD document, which will have the highest impact to the surrounding roadway network. Of the permitted uses listed, the size of the establishment was determined through analyzing the 2 Agenda Item No. 176 January 12, 2010 Page 45 of 73 limiting factors associated with the use: required parking, septic system size and the developable area of the site. Ultimately, the number of PM peak hour trips will be limited as shown below. .. Note, Fast food drive-through lanes are not permitted by the GMP. Fuel pumps are not pennitted due to proximity issues with the well water. Establishments are not pennitted to be open 24 hours a day by the PUD document. Trip Generation Trip generation rates are per the Institute of Transportation Engineers publication, Trip Generation Eighth Edition. Limitation on the Maximum Number of Allowable Trips Created by this development: Table 1 Table 1. Trip Limitation .. Calculated Traffic Entering Exiting Daily Traffic = N/A N/A N/A AM Peak Hour Traffic=134 67<50%) 67(50%) PM Peak Hour Traffic=134 6,(50%) 67(50%) Note: 1his en ex! Ilt 0% 0% lis I eneral. but It Is the most teringf ling sP (5 /5 ) II , reasonable way to cJisboibute and analyze the traffic for consistency purposes. It Is not possible to 1ImIt the dally trips at this point In time nor does It carry any importance to do so. The Trip Limitation above was derived using a combination of Shopping Center (LUC 820) and Convenience Market (Open 15-16hrs) (LUC 852); seen in the following tables. Note that this breakdown is for demonstrational purposes and the final combination of uses and square footages may vary as long as the ultimate sum of the PM Peak Hour trips remains less than the Trip Limitation listed above. Table Ia. GonvenienceMarket (LUG 852) X = 2.4 (1,000 sf Gross Floor Area) Calculated Traffic Equation Entering Exiting Daily Traffic = N/A T= N/A N/A N/A AM Peak Hour Traffic=74 T = 31.02(X) 37(50%) 37(50%) PM Peak Hour Traffic=83 T = 34.5700 41(49%) 42(51%) hm>ly 1>0% Pass-By AM Peak Hour Traffic=37 74*(1-50%) 19 18 PM Peak Hour Traffic=42 83*(1-50%) 21 21 Table lb. Shopping Genter (LUG 820) X = 8.6 (1,000 sf Gross Leasable Area) _. Calculated Traffic Equation Entering Exiting Daily Traffic = 1,378 Ln(T) = 0.65 Ln(X)+5.83 689(50%) 689(50%) AM Peak Hour Traffic=36 Ln(T) = 0.59 Ln(X)+2.32 22(61%) 14(39%) PM Peak Hour Traffic=123 Ln(T) = 0.67 Ln(X)+3.37 60(49%) 63(51%) hm>ly 21>% Pass-By AM Peak Hour Traffic=27 36*(1-25%) 16 11 PM Peak Hour Traffic=92 123*(1-25%) 45 47 3 ,_._- ------- ._~-"-....,_..."."-,._- " ,,,.-~_._-'-" Agenda Item No. 178 January 12, 2010 Page 46 of 73 Total Tablelc. Tablela+Tablelb LUCB 2 & LUCB20 Calculated Traffic Entering Exiting Daily Traffic = NjA NjA NjA AM Peak Hour Traffic=64 35 29 PM Peak Hour Traffic=134 66 68 Note: The . dis . te showing an entering/exiting split of (50%/50%). This split is general, but it is the most reasonable way to distribute and analyze the traffic for eonsistency purposes. The actual enter/exit percentages will vary on the actual proposed development, which will be handled at the time ofSDP application. 1st Link Distribution "",,,,-,., hIM.p,.l... ReI OIIW.URd - - I - - -- - -- 95 -- - ....... 30% 15% ... - 25% - - . -- - 4 Agenda Item No. 17B January 12, 2010 Page 47 of 73 ,.. AM Peak Hour Distribution 4TH AV NE "U > - CD en Q,) "U - 0) ... Q,) > UJ .~." U~TURN AVAILAI3LE 950' TO THI' WE lIT WITH GCllDEN GATE BLVD. IMPROVI'MI'NT 2ND AV NE RIGHT,IN Golden Gate Blvd ......10 10'" 1~ t ~ 17 BLACK' I'NTERlNG MOVI'MI'NTS GRAY. EXITING MOvEMI'I~TS 2ND AV ~E - 5 ______n__> , ,~ _.._...~ . Agenda Item No. 17B January 12, 2010 Page 48 of 73 PM Peak Hour Distribution -0 > - CD 4TH AV NE - ~ Q) > W ..... 20 20 ur 2ND AV NE U-TURN AVAILABLE 950' TO THE WEST WITH GOLDEN GATE BLVD. IMPROVEMENTS RIGHT-IN Golden Gate Blvd .,0 101IlI(loo. ',7 t t17 BLACK. ENTERING MOVEMENTS GRAY < EXI:r1NG ~10VEMENTS 6 ..~., Agenda Item No. 176 January 12, 2010 Page 49 of 73 Site Access and Build-out The site will have access from both Everglades Blvd. and Golden Gate Blvd. Both of the access points will only offer right turns in. The site can only be exited via a right turn onto Golden Gate Blvd. Golden Gate Blvd. The proposed rlght-in/right-out along Golden Gate Blvd. meets criteria set forth in the Collier County Access Management Policy, Resolution No. 01-247. Table 2 of Section 3.09.04 defines the design standards for corner clearances for isolated corner properties (230'). The proposed entrance is shown 291' from the intersection, which is greater than the minimum distance shown in Table 2. The driveway has been pushed as far west as possible. The turn lane shown on the plans is all that is possible due to the constraints of an isolated comer property. Everglades Blvd. The proposed right-in along Everglades Blvd. is required to be a distance of 75' from the intersection in this scenario. The entrance will be via the westernmost of the dual right southbound turn lanes on Everglades Blvd, proposed by Stanley Consultants as part of the Golden Gate Blvd. improvement project. The proposed year of build out is 2012. Traffic Impact Consistency Analysis Table 4. Impacted Segments-First Link ID# Segment Service BT TB PT RC LOS Volume w/PT 123 Golden Gate Blvd. 1,010 1,162 5 20 -177 F Wilson to E. of Ever lades 124 Golden Gate Blvd. 1,162* N/A F* E. of Ever des to DeSoto 1,010 0 10 135 Everglades 900 330 7 20 543 C Golden Gate Blvd. to Oil Well 134 Everglades 900 336 0 17 547 C 1- to Golden Gate Blvd. . BT= Background Traffic (Existing) . TB= Trip Bank . RC= Remaining Capacity . PT= Project Trips . LOS= Level of Service .._. _.. "These numbers are in the ADIR, but have not been measured. They have been projected based on the adjacent link. Percent Impact Table 5. % Impact to Concurrency Links Segment ID# 123 135 134 %Impact 20/1,010 = 1.98% 20/900 = 2.22% 17/900 = 1.89% All of these impacts are less than 2% impact, except the impact to link #135. Therefore, we must analyze the second/next impacted segment to be consistent with the GMP and TIS guidelines. 7 _......_~-- - 1 _"......_....' Agenda Item No. 17B January 12, 2010 Page 50 of 73 2nd Link Distribution -.. -"'.. -.". ...,..... ..,......"e -~.'!I ~ fi5 ".....~. --. L~O% I! .. "0 - - 1 I .>>"",M 20% - 011 Well .. ~ -~ _'M. ~ 40% 1tI'r...... f' Traffic to/from t" Link (Link #136) '" liT ~ 1Il'W....oa: _'JIll! -.. .......... -- ~...., 2nd Link AM Peak Hour Distribution -.. -.. ....-.... .........IIl. .........., -.. ~ 40% lD 8 Entering .. 20% "0 8 Exiting .. 4 Entering - 4 Exiting .. . Oil We .. . -.. UllI.v1ll' 5l ill 40% ~m'.~. f' 8 Eutering 1+ '" Traffic to/from I" Link (Link #136) ~ c 8 Exiting 20 Entering , ~ 20 Exiting 2>'fi"'~ III .-....... -- -- 8 .- -.., Agenda Item No. 17B January 12, 2010 Page 51 of 73 2nd Link PM Peak Hour Distribution -"'. -.. -.. ...""vle -. '""W. 40% 8 Entering 8 Exiting 20% 4 Eutering 4 Exiting <II ~ .. ~ 5\ 111 12 V> ~ -.. .... 40% 8 Entering 8 Exiting ..nJl''''. Traffic to/from I" Link (Link #136) 20 Entering 20 Exiting .... ..-. -- ~I\'" Table 6. Impacted SegmentS-2nd Link ID# Segment Service BT TB PT RC LOS Volume wjPT 119 Oil Well Road 1,010 525 139 8 338 C Immokalee Rd. to Ever lades Blvd. 120 Oil Well Road 1,010 337 0 4 669 C Ever lades Blvd. to DeSoto 136 Everglades Blvd. 900 389 12 8 491 C Oil Well Rd. to Immokalee Rd. . BT= Background Traffic (Existing) . TB= Trip Bank . RC= Remaining Capacity . PT= Project Trips . LOS= Level of Service -,'-'- "These numbers are in the AUIR, but are a fabrication, because they have not been accurately recorded. Percent Impact Table 7. % Impact to Concurrency - 2nd Links Segment ID# 119 120 136 %Impact 8/1,010 = 0.79% 4/1,010 = 0.40% 8/900 = 0.79% All of these impacts are less than 2% impact. Therefore, no further consistency analysis is required to be consistent with the GMP and TIS guidelines. . 9 "._-~- ~ . --- ' Agenda Item No. 178 January 12, 2010 Page 52 of 73 Historical Growth Rate Table 6. 5 - Year Historical Growth Rate 2004 2005 2006 2007 5-yr Avg. Hist. 2008 Growth Collier Coun AUIR Se ent AUIR AUIR AUIR AUIR AUIR Rate Golden Gate Blvd. 740 920 1.330 1,320 1,162 14.04% Wilson to E. of Ever lades Everglades ** 370 520 480 330 0.53% Golden Gate Blvd. to Oil Well Everglades " 300 330 420 336 3.79% 1-71; to Golden Gate Blvd. Oil Well Road 330 480 550 550 525 13.87% Immokalee Rd. to Ever lades Blvd. Oil Well Road 330 320 350 410 337 1.42% Ever lades Blvd. to DeSoto Everglades Blvd. .. 290 430 460 389 13.27% Oil Well Rd. to Immokalee Rd. 'Note: 5-Yr Avg. historic growth rate calculated using Collier County 2004-2008 AUIR. There is na accurately recorded data fm' the roadway segment of Golden gate Blvd. from Everglades to DeSoto, so there is no reason to calculate a historical growth rate. 'k*There was no data available for this roadway segment in 2004. Table 7. 2014 Horizon Background Traffic (5 Year Horizon) Peak Direction/Hour 2008 AUIR 5-yr Avg. 2008 2012 + Hist. AUIR 2009 2010 2011 (Project Collier County AUIR Segment Growth Trips 2013 2014 Total Rate Included) Golden Gate Blvd. 14.04% 1,162 1,325 1,511 1.723 1,985(20) 2,261 2,576 Wilson to E. of Ever lades Everglades 2.00%' 330 337 343 350 377(20) 384 392 Golden Gate Blvd. to Oil Well Everglades 3.79% 336 349 362 376 407{ 17) 422 437 1- to Golden Gate Blvd. Oil Well Road 3.35%" 525 543 561 579 607(8) 627 649 lmmokalee Rd. to Ever lades Blvd, Oil Well Road 2.00%' 344 351 358 365 376(4) 384 348 EverJrlades Blvd. to DeSoto , Everglades Blvd. 13.27% 389 441 499 565 647(8) 733 830 Oil Well Rd. to Immokalee Rd, *Note: These growth rates were under 2%. so the standard minimum growth rate of 2% was applied. ~Note: This is the 4.year average historical growth rate, see explanation below. Golden Gate Blvd, from Wilson Blvd. to East of Everglades Blvd, is currently failing. However, Collier County Transportation is designing the expansion of the roads to 4 lanes from Wilson Blvd. to De Soto Blvd. The 90% plans were received in July 2008. The construction is tentatively scheduled to start in 2013. These improvements will greatly increase the capacity of 10 "" Agenda Item No. 178 January 12, 2010 Page 53 of 73 the roadway and alleviate the congestion. All other segments will still function at an acceptable LOS within the 5 year window with the addition of our projects traffic. The one exception to this is Oil Well Road (from Immokalee Rd. to Everglades Blvd.), which is showing a5-year historical growth rate of 13.87%-which would incline the roadway segment to fail by 2014. This growth rate is not indicative of the current traffic trend of the last four years. The background traffic from 2004 is an outlier which will be displaced by the 2009 background traffic, when calculating a more current & relevant 5-year historical background traffic. The latest 4-year average historical growth rate for this roadway segment is 3.35%. This is a much better representation of the growth rate on this roadway segment and was used to project the background traffic growth out to 2014. Turn Lane Analysis Golden Gate Blvd Due to the fact that Golden Gate Blvd is being expanded to a four lane divided road, a right turn lane from Golden Gate Blvd will be necessary. The future design speed on GGB will be 45 mph. A right turn lane 185' in total length is required with no additional storage queue required since there is no stop condition. Due to the fact that this site is an isolated corner property, the right turn lane along Golden Gate Blvd will be accomplished by extending the three-lane, westbound section of GGB leaving the intersection about 130'. This will provide the entrance with a sufficient right turn lane. ,,~-- Everglades Blvd Due to the fact that Golden Gate Blvd is being expanded to a four lane divided road, improvements will be made to the intersection with Everglades Blvd. The section of Everglades Blvd in front of the project site will be improved and divided so a right turn lane from Everglades Blvd will be necessary. The future design speed on Everglades Blvd will be 45 mph. A 18S' right turn lane is required by FDOT with no additional storage queue required since there is no stop condition. The county has plans to add dual right, southbound turn lanes in front of this project site along Everglades Blvd. After discussion with Collier County, it has been decided that the right turn lane for the project site will be shared with Collier County's dual right turn lanes. The required 18S' of turn lane can be achieved utilizing the dual right turn lanes already designed by Stanley Consultants. Both proposed access points have been shown to Stanley Consultants and they have no problem with the proposed access on Golden Gate Blvd. They had suggested to Davidson Engineering to eliminate the dual right turn lane extension on Everglades BLVD., as it is not necessary according to the Collier County Access Management Policy. Both of these turn lane/access points can be seen on the attached Master Plan. Conclusion Golden Gate Boulevard is currently failing. The proposed project will have an impact to all roadway segments involved consistent with the GMP. The expansion of Golden Gate Blvd will help to ease traffic on the rest of these smaller roadways because the newly expanded roadway will be more attractive to drivers. Additionally, the growth rates used to calculate the future LOS for Everglades Blvd. were quite high. These rates have already begun to plateau and some have begun to fall as well. This project did not meet consistency requirements on one of the first "- roadway links, so the second roadway link was also analyzed, meeting the consistency requirements. Therefore, this project will have a nominal impact on the roadway system. II .--.-,.. "___.___"'__'._C_.=_ .~. _. ._.___,.,_",_ . Naples Daily News. Sunday, December 27, 2009 . 21D Agenda Item No. 178 January 12, 2010 Page 54 of 73 ..._^'^.^_.w_"",....m..'__.._..,__.,~'~,~,,~._O.._,_~,,~M*^"' "'.__ _^.'WN._'~_M.~'~.~_.,..w.^'^",~~'_.',N'.Yk^.,.~.^_,,_._~. ~__, _'M"'''_~''''_' .....,_..__~.... ~"..'~_~"," ....,..w"... ". "_"_~~~",~_,_._..-__~,.,~.',."..."_"''',~_,,,,._..._~.,~~'~,,^__ ..' "'"_..~,.,,,.,_ ._,,_,_,_~ __._,w,_~_~_._~_~_.^".,...._,,_._..."__.~q,_.__~,.~__~_______._~,-.._~'~_M_, .~~<~.~..w_._,,,.~_.,.,_n_~m~~._.__~_'m.m~ . . NOTICE OF INTENT TO CONSIDER OROINANCE Notice is hereby given that on TUESDAY, JANUARY 12. 2010. in the Board~ room, 3rd Floor. Administration BuildIng! Collier County Government Cen- ter. 330). East Tamiami Trail. Naples. FlorIda, the Board of County Commls- , sloners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 ,A.M.' The title .of the proposed Ordinance Is as fol-' lows: 'C AN ORDINANCE OF THE BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENOING OROINANCE NUMBER 2004.41, AS AMENOEO, THE COLLIER COUNTY LANO OEVELOPMENT COOE WHICH INCLUDES THE COMPREHENSIVE 20NING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIOA. BY AMENDING THE APPROPRIATE ZONING..' ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE ,.' HEREIN OESCRIBEO REAL PROPERTY FROM AN ESTATES (E) ZONING .015.. TRICT TO A COMMERCIAL PLANNED UNIT OEVELOPMENT (CPUO) ZONING' DISTRICT TO BE KNOWN AS THE FAKAHATCHEE PLAZA CPUO. THE PROPER. TY IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE BOULEVARD (CR 876) ANO EVERGLAOES BOULEVARD, IN SECTION 6. TOWNSHIP 49 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 5.46+/. ACRES; ANO BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ-2007-AR-11398, Shoesop Properties, LLC, represented by Timothy Hancock, Ale?, of Davidson Engineering, Inc., is requesting a re- zone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a 25,000 square-foot commercial retail and, office development to be known as Fakahatchee Plaza CPUD. The S.4G-acre subject property is located at the northwest comer of the Golden Gate BOulevard (CR 876) and Everglades Boulevard intersection in Section 6, Township 49 South, Range 28 East, Collier County, Florida:. ,- Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to, at- tend and be heard. ' NOTE; All persons wishing to speak on any apenda item must, register, with the County administrator prior to presentation of the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on any - item. The selection of an individual to speak on behalf of an organization - or group is encouraged. If recognized. by the Chair,man, a spokesperson, for a group or organization may be allotted 10 minutes to speak on an item. . , Persons wishing to have written or graphic materials included In the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate Count~ staff a minimum of seven days prior to the public hearing. All material used- In presentations before the Board will' become a permanent part of the record. ' Any person who decides to ai!peal a decision of the Board will need a re- cord of the proceedings pertaming thereto and therefore, ma)! need to en- sure that a verbatim record of the proceedings Is made, wh,ch- record in~ eludes the testimony and evidence upon which the appeal is based. ' If you are a person with a disability who .needs any accommodation in or- der to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Fa- cilities Management Department, located at 3301 Tamiami Trail East, Build- ing W, Naples, Florida 34112, (239}252.8380. Assisted listening devices ,for the he",ring impaired are available In the county Commissioners' Office. SOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIOA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CL:ERK By: Teresa Polaski, Deputy Clerk (SEAL) ~ ..December 27. 2009 I t/llWlllWi. . ., ., " Agenda Item No. 176 January 12, 2010 Page 55 of 73 -- ORDINANCE NO. lO- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE FAKAHATCHEE PLAZA CPUD. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GOLDEN GATE BOULEVARD (CR 876) AND EVERGLADES BOULEVARD, IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 5.46+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. .- WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Shoesop Properties, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 6, Township 49 South, Range 28 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District to be known as the Fakahatchee Plaza CPUD in accordance with Exhibits A through E, attached d~' Fakahatchee Plaza CPUD, AR-11398 Rev. ]2/21/09 Page lof2 ---,._."_._._--,~.- .___. ,_. __."_'~'e_," ...~~ Agenda Item No. 176 January 12, 2010 Page 56 of 73 hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney 12.1-1.0'\ $0(',", Exhibit A - Permitted Uses Exhibit B - Commercial Development Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - Developer Commitments CPI07 -CPS-00634\62 Fakahatchee Plaza CPUD, AR-11398 Rev. 12/21/09 Page 2 of2 Agenda Item No, 17B January 12, 2010 Page 57 of 73 _. EXHIBIT A PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: PRINCIPAL USES: 1. Accident and Health Insurance (Group 6321). 2. Accounting, auditing and bookkeeping services (Group 8721). 3. Adjustment and Collection Services (Group 7322). 4. Administration of Educational Programs (Group 9411). 5. Administration of General Economic Programs (Group 9611). 6. Administration of Housing Programs (Group 9531). 7. Administration of Public Health Programs (Group 9431). 8. Administration of Social, Human Resource and Income Maintenance Programs (Group 9441). -p"'" 9. Administration of Urban Planning and Conununity and Rural Development (Group 9532). 10. Administration of Veterans' Affairs, Except Health and Insurance (Group 9451). 11. Advertising Agencies (Group 7311). 12. Air and Water Resource and Solid Waste Management (Group 9511). 13. Architectural Services (Group 8712). 14. Auto and home supply stores (Group 5531). 15. Automotive services (Group 7549), except any wrecker (towing) service. 16. Barber shops (Group 7241), except barber schools. 17. Beauty shops (Group 7231), except beauty schools. ,-~',. 18. Book Stores (Group 5942). 1 Fakahatchee Plaza CPUD Revised: December 29. 2009 --.__.~,_._-- -.---.+" - - '.-..-" ._-~---_. -. Agenda Item No. 178 January 12, 2010 Page 58 of 73 19. Business Associations (Group 8611). 20. Business Consulting Services (Group 8748), 21. Business Services, Not Elsewhere Classified (Group 7389), except auctioneering services, automobile recovery services, automobile repossession services, batik work (hand-printing on textiles), bottle exchanges, bronzing, cloth cuttinglbolting or winding, contractors' disbursement control, assembling and packaging of cosmetic kits, cotton inspection service, cotton sampler service, telephone directories' distribution, drive-away automobile service, exhibit building, filling (aerosol) pressure containers, field warehousing, fire extinguisher service, float decoration, folding and refolding service, gas system conversion, bottle or can labeling, merchandise liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline and power-line inspection service, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery service, sponging textiles, swimming pool cleaning and maintenance, tape slitting, textile designers, textile folding, tobacco sheeting service, window trimming service, and yacht brokers. 22. Camera and Photographic Supply Stores (Group 5946). 23. Candy, Nut, and Confectionery Stores (Group 5441). 24. Child day care services (Group 8351). 25. Children's and Infants' Wear Stores (Group 5641). 26. Civic, Social, and Fraternal Associations (Group 8641). 27. Coin-Operated Laundries and Dry-cleaning (Group 7215). 28. Commercial Art and Graphic Design (Group 7336). 29. Commercial Photography (Group 7335) 30. Commodity Contracts Brokers and Dealers (Group 6221), 31. Computer and Computer Software Stores (Group 5734) 32. Computer Facilities Management Systems (Group 7376). 33. Computer Integrated Systems Design (Group 7373), Fakahatchee Piaza CPUD Revised: December 29,2009 2 Agenda Item No. 17B January 12, 2010 Page 59 of 73 ,.-- 34. Computer Maintenance and Repair (Group 7378). 35. Computer Processing and Data Preparation and Processing Services (Group 7374). 36. Computer Programming Services (Group 7371). 37. Computer Related Services, Not Elsewhere Classified (Group 7379). 38. Computer Rental and Leasing (Group 7377). 39. Credit Reporting Services (Group 7323). 40. Dairy Products Stores (Group 5451). 41. Direct Mail Advertising Services (Group 7331). 42. Direct Selling Establishments (Group 5963). 43. Drapery, Curtain, And Upholstery Stores (Group 5714). 44. Drug Stores and Proprietary Stores (Group 5912). --" 45. Dry-cleaning Plants, Except Rug Cleaning (Group 7216), non-industrial dry cleaning only. 46. Eating places (Group 5812 only) with 6,000 square feet or less in gross floor area in the principal structure (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of the Land Development Code). 47. Electrical and Electronic Repair Shops (Group 7629). 48. Employment Agencies (Group 7361). 49. Engineering Services (Group 8711). 50. Executive and Legislative Offices Combined (Group 9131). 51. Executive Offices (Group 9111). 52. Family Clothing Stores (Group 5651). 53. Federal and Federally-Sponsored Credit Agencies (Group 6111). -- 54. Fire, Marine, and Casualty Insurance (Group 6331). 3 Fakahatchee Plaza CPUD Revised: December 29, 2009 -,--......,.-.-- '. ,--~".._, -"--"- Agenda Item No. 176 January 12, 2010 Page 60 of 73 55. Floor Covering Stores (Group 5713). 56. Florists (Group 5992), not to exceed 5,000 square feet. 57. Fruit and Vegetable Markets (Group 5431). 58. Furniture Stores (Group 5712). 59. Garment Pressing, and Agents for Laundries and Dryc1eaners (Group 7212). 60. General Government (Group 9199). 61. General merchandise stores (Group 5399). 62. Gift, Novelty, and Souvenir Shops (Group 5947). 63. Grocery Stores (Group 5411), Convenience Markets will only be permitted to operate at a maximum of 16 hours per day subject to LUC 852 of the 1TE, Seventh Edition, Volume 3 of 3. 64. Hardware stores (Group 5251). 65. Help Supply Services (Group 7363). 66. Hobby, Toy, and Game Shops (Group 5945). 67. Home Health Care Services (Group 8082). 68. Hospital and Medical Service Plans (Group 6324). 69. Household Appliance Stores (Group 5722). 70. Individual and Family Social Services (Group 8322), elderly or handicapped activity centers, adult day care centers, and adult and handicapped day care centers only. 71. Infonnation Retrieval Services (Group 7375). 72. Insurance Agents, Brokers, and Service (Group 6411). 73. Insurance Carriers (Group 6399). 74. Investment Advice (Group 6282). 75. Jewelry Stores (Group 5944). 4 Fakahatchee Plaza CPUD Revised: December 29, 2009 Agenda Item No. 178 January 12, 2010 Page 61 of 73 76. Labor Unions and Similar Labor Organizations (Group 8631). 77. Land, Mineral, Wildlife, and Forest Conservation (Group 9512). 78. Landscape Counseling and Planning (Group 0781). 79. Legal services (Group 8111). 80. Legislative Bodies (Group 9121). 81. Life Insurance (Group 6311). 82. Loan Brokers (Group 6163). 83. Luggage and Leather Goods Stores (Group 5948). 84. Management Consulting Services (Group 8742). 85. Management Services (Group 8741). 86. Meat and Fish (Seafood) Markets, Including Freezer Provisioners (Group 5421). ,.~~ 87. Membership Organizations (Group 8699). 88. Men's and Boys' Clothing and Accessory Stores (Group 5611). 89. Miscellaneous Apparel and Accessory Stores (Group 5699). 90. Miscellaneous business Credit Institutions (Group 6159). 91. Miscellaneous Food Stores (Group 5499). 92. Miscellaneous Home Furnishings Stores (Group 5719). 93. Miscellaneous Personal Services (Group 7299), babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only. 94. Miscellaneous Retail Stores (Group 5999), not to exceed 5,000 square feet and no adult-oriented businesses. 95. Mortgage Bankers and Loan Correspondents (Group 6162). ,-'~- 96. Musewns and art galleries (Group 8412). 5 Fakahatchee Plaza CPUD Revised: December 29, 2009 -~--__,._'^__.,~, ... w......_.__ - Agenda Item No. 178 January 12, 2010 Page 62 of 73 97. Musical Instrument Stores (Group 5736). 98. News Dealers and Newsstands (Group 5994), not to exceed 5,000 square feet. 99. Offices and Clinics and Doctors of Osteopathy (Group 8031). 100. Offices and Clinics of Chiropractors (Group 8041). 101. Offices and Clinics of Dentists (Group 8021). 102. Offices and Clinics of Doctors of Medicine (Group 80 II). 103. Offices and Clinics of Health and Practitioners, Not Elsewhere Classified (Group 8049). 104. Offices and Clinics of Optometrists (Group 8042). 105. Offices and Clinics of Podiatrists (Group 8043). 106. Optical Goods Stores (Group 5995), not to exceed 5,000 square feet. 107. Paint, glass and wallpaper stores (Group 5231). 108. Pension, Health, and Welfare Funds (Group 6371). 109, Personal Credit Institutions (Group 6141). 110. Photocopying and Duplicating Services (Group 7334). Ill. Photofinishing Laboratories (Group 7384). 112. Photographic studios (Group 7221). 113. Physical fitness facilities (Group 7991). 114. Political Organizations (Group 8651). 115. Prepackaged Software (Group 7372). 116. Professional Membership Organizations (Group 8621). 117. Public Finance, Taxation, and Monetary Policy (Group 9311). 118. Public Order and Safety, Not Elsewhere Classified (Group 9229). 6 Fakahatchee Plaza CPUD Revised: December 29,2009 Agenda Item No. 17B January 12,2010 Page 63 of 73 119. Public Relations Services (Group 8743). 120. Radio, Television and Consumer Electronics Stores (Group 5731). 121. Real Estate Agents and Managers (Group 6531). 122. Record and Prerecorded Tape Stores (Group 5735). 123. Regulation and Administration of Communications, Electric, Gas, and Other Utilities (Group 9631). 124. Regulation and Administration of Transportation Programs (Group 9621). 125. Regulation of Agricultural Marketing and Commodities (Group 9641). 126. Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors (Group 9651). 127. Religious Organizations (Group 8661). 128. Retail Bakeries (Group 5461). 129. Retail nursenes, lawn and garden supply stores (Group 5261). -- 130. Secretarial and Court Reporting Services (Group 7338). 131. Security and Commodity Exchanges (Group 6231). 132. Security Brokers, Dealers, and Flotation Companies (Group 6211). 133. Services Allied With the Exchange of Securities or Commodities (Group 6289). 134. Sewing, Needlework, and Piece Goods Stores (Group 5949). 135. Shoe repair shops and shoeshine parlors (Group 7251). 136. Shoe Stores (Group 5661). 137. Short-Term Business Credit Institutions, Except Agricultural (Group 6153). 138. Space and Research and Technology (Group 9661). 139. Sporting Goods Stores and Bicycle Shops (Group 5941). ,-'- 7 Fakahatchee Plaza CPUD Revised: December 29, 2009 ,..- '-'.,,-,',.--.-, --~-~.~~._. .... - --.---.-.----..-,-,...---.-'.'- Agenda Item No. 17B January 12, 2010 Page 64 of 73 140. Stationery Stores (Group 5943). 141. Surety Insurance (Group 6351). 142. Surveying Services (Group 8713). 143. Tax Return Preparation Services (Group 7291). 144. Title Abstract Offices (Group 6541). 145. Title Insurance (Group 6361). 146. Tobacco Stores and Stands (Group 5993), not to exceed 5,000 square feet. 147. Transportation services (Group 4724), travel agencies only. 148. United States Postal Service (Group 4311 except major distribution centers). 149. Used Merchandise Stores (Group 5932). 150. Veterinary services (Groups 0742, 0752 excluding outside kenneling). 151. Videotape rental (Group 7841), limited to 1,800 square feet of gross floor area and no adult-oriented businesses. 152. Watch, Clock, and Jewelry Repair (Group 7631). 153. Women's Accessory and Specialty Stores (Group 5632). 154. Women's Clothing Stores (Group 5621). 155. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC. CONDITIONAL USES: The following uses are permissible as conditional uses, subject to the standards and procedures established in the LDC: I. Churches and places of worship. 8 Fakahatchee Plaza CPUD Revised: December 29,2009 Agenda Item No. 17B January 12, 2010 Page 65 of 73 M PROHIBITED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the following: I. Correctional institutions (Group 9223). 2. Crematories (Group 7261) (Does not include non- crematory Funeral Parlors). 3. Drinking places (5813) and Liquor stores (Group 5921). 4. Elementary and secondary schools (Group 8211), colleges (Group 8221), junior colleges (Group 8222). 5. General hospitals (Group 8062), psychiatric hospitals (Group 8063), and specialty hospitals (Group 8069). 6. Homeless shelters and soup kitchens (Group 8361). 7. Libraries (Group 8231). 8. Mail order houses (Group 5961). - 9. Merchandising machine operators (Group 5962). 10. NEC Recreational Shooting Ranges, waterslides, etc. (Group 7999) 11. Power laundries (Group 7211). 12. Radio, TV representatives (Group 7313) and direct mail advertising services (Group 7331). 13. Waste management (Group 9511). 14. Fast Food Restaurants with Drive Thru 15. Gas Stations ..'- 9 Fakahatchee Plaza CPUD Revised: December 29, 2009 .,_ ____...... ~'_'_'_'__"_..o<~_,' . _,__._...~.., ... _ '"'_' _.___ Agenda Item No. 17B January 12, 2010 Page 66 of 73 EXHIBIT B COMMERCIAL DEVELOPMENT STANDARDS " PRINCU'.ALUSES,(',. 10,000 square feet MINIMUM LOT WIDTH 100 feet Front EXTERNAL f INTERNAL ......c:;I..i..:,:.:;i::.:::::,L..:j'i::',,::,....;.::,:..::_.::c:.", . "",-'-''':::''.:',-"' :> i::;':::'i;':' "j)~i:: ~!,.- , :;::: ii:,:: .. ' '"-' :.;. I" , ',':." "''':'''-:';';; 'i.!-:ji;'X::," ;;-;>;},:~: MINn. "'TIM YARD S ',. .-.- .liVJ.;U..- ',', " .- ::.",:1 ':.';','_,': '. ii:,.;." :,;;0; j- :: ::0.,' '"_,, ~'''i i: :..j: :ii.",,':: -: -, . ':-:-,,1 ",,:.',:",'L..'.,::"," '_"', ,:.1" ':::-!.,:.I::I::, :::,," ','''''..._:..",'.>i':i:'::-', ""',""".,_, ::"'i:"- -j':i'i:',' :-' "-'-c._" 25 feet f 25 feet Rear WAf 15 feet Side 15 feet f 7.5 feet MIN. DISTANCE BETWEEN STRUCTURES The greater of 15 feet or Yz the sum of zoned buiJdin hei ht zoned: I story and 35 feet actual: I story and 47 feet MAXIMUM HEIGHT MINIMUM FLOOR AREA 700 square feet MAXIMUM BUILDING AREA 25,000 square-foot Gross Floor Area (OF A) foot rint GENERAL: Except as providedfor herein, all criteria setforth above shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. 1. ARCHITECTURAL A. All buildings and projects within the PUD shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. B. All buildings shall have tile roofs or "Old Style Florida" metal roofs. The buildings shall have an "Old Florida" architectural style and be finished in light, subdued colors, except for decorative trim. C. Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center is created. D. Adjacent buildings within the Fakahatchee Plaza CPUD shall be connected with walkways or courtyards. Fakahatchee Plaza CPUD Revised: December 29, 2009 to Agenda Item No. 176 January 12, 2010 Page 67 of 73 - E. Drive-through establishments shall be limited to banks and drugstores, with no more than 3 lanes; the drive-through areas shall be architecturally integrated with the rest of the building. Any drive through facilities shall be oriented away from the single-family homes to the north and west unless these homes are buffered by an intervening building on the CPUD site. F. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). G. A functional public open-space component shall be provided. Such public open spaces shall be developed as green space within a pedestrian-accessible courtyard, as per Section 5.05.08 C.9.d.i of the Collier COlmty Land Development Code, as in effect at the time of PUD approval. H. All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 2. BUFFERING AND ENVIRONMENTAL .,""., A. A 25-foot wide landscape buffer shall be provided abutting the external right-of- way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native tress must be retained within this 25-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed in necessary to reach an external outfall. _. B. Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with subsection 3.05.07 H. of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be re-vegetated to meet subsection 3.05.07 H. 11 Fakahatchee Plaza CPUD Revised: December 29, 2009 -,.- "m_____~_._.. '."k _._"_."._,_._-"._.~...".- ..,.-.-...---, , ~ Agenda Item No. 178 January 12, 2010 Page 68 of 73 of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. C. Along the Western side of the project a 5 foot fence or wall shall be constructed to buffer the adjacent residential property. The fence or wall shall be located within the required 25 foot landscape buffer. To accommodate the fence or wall along the length of the western property line, the access drive to Golden Gate Blvd. shall be no closer than 10 feet from the western property line. Adjacent to the access drive, a minimum Type' A' buffer shall be installed on the residential side of the fence or wall. 3. TRANSPORTATION A. Driveways shall align with driveway access on opposing parcels, except when the roadway median between the two parcels has no opening, or does not provide for a through movement. 12 Fakahatchee Plaza CPUD Revised: December 29,2009 ,~,. . != 5q~ ~ . d nu I ~ .. ........ .. .. · ~ !i I I ~ ;iil~; J . < I ~ ~ !i ~ ~ =~ .~ ; ; 1111 I~III ;1 i i i<1 jll! ~~ I II 1;~fll~!;lii imillilltlllllilil " "I !I >- ...J - '" "c( z"- Z':j 0" NZ (/)U; W t-O c(w t-Il- (/)0 W...J ~ W o / . I . .loO'iIIET...-..,."... _'nON_. w...,lIIU...<oH'GIl..IT...... -- -p;~'I;>~,1;l;:. !Jl.~'I II II ~~~~~<f~~};1~t~1ft>~ . ~ . i' ~~I ~.:-.:~.v;;~5,:.<r~y/.f~{l~(~ ~'*'r. . I . ::..<.>91 '!)~~~9';i:~~~~..f-~/~.>4 l. J :~~Id ~t '2~:Z-==....W<Z.~~T- --- m -------- I""'';'-:;'~ -ll"~ ~.t,.. , aJITUl ~~~~~ r------------------1---------------1 ' li'i:~?,j'l<..~,~.,...}l I r--' f?;~,..,,;~V........~ I I ,,...{j' ~?~~... I : -;:ij-l,i.~-j,; I I m~, I I ~ ~ I ' ~k':6"'~ I ! ~~;~ I ! l~~;~~~ l [ ~~ ~ n i ~ ~_ ' h sh hi ~ i 51 I ! [ ~~ _ I I !~ zii l!i < ZW - : l l!;E ~hi'~ ~ ~> 2<3 I! ~ I jB ffif3;n I ::;; O::!l: ::;;0 - 0 C(... b I~~ ~ ~ (/)0 00 Uj :::J'""':z ! ;e'" .. .;,.." a - r l Iii ~ I,' , ~ ~ ~ It... ~ _ I I ... 1: - I I i~~ !!i I ~i'l [ ! I~i U I rU ~ d~ ;5 d !~ : <l I I~~ ~m ~~ il ~ il!i Ii il il i . . - . . " . . , , , il r" I I I I , , , , : ------- , ~.", GOLDEN GATE BOULEVARD {/'\l'f\.IIlE:COIIDIT1t'Mi1ll<<'l'M'f) Janua . Pag . 76 ~,;W 19'50 , . , c.l J Zil I I -- , oX W~ ~i- alil[ 0 ffi~il .... .- z~1 .c ~I i .- .s: >< Cl iici w -ia~ ~ ~ ~f z~ Cl!l!i!~ -\- ",A,U 6z W~ Nc( 0- o w:; t g~ a~ CL -- ~c u oE ~I ~I ~I 1;1 Uj ~ . . ~~l<l i1i)_~ !l! ;1;,., ~~ 18 ~ml!~~ D<..t~ %$ ~ <h !Ei ..."."..OI_~..___.,." ._".........__._T .' --. -----,-"....--'. ",. Agenda Item No. 176 January 12, 2010 Page 70 of 73 EXHIBIT D LEGAL DESCRIPTION SECTION: 6, TOWNSHIP: 49 SOUTH. RANGE: 28 EAST TRACT 128, GOLDEN GATE ESTATES UNIT NO. 76 AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THE ABOVE DESCRlBES AN AREA OF APPROXIMA TEL Y 238,800 SQUARE FEET OR 5.46 ACRES OF LAND SUBJECT TO EASEMENTS, RESTRlCTIONS AND RESERVATIONS OF RECORD. 14 Fakahatchee Plaza CPUD Revised: December 29, 2009 Agenda Item No. 17B January 12, 2010 Page 71 of 73 ." EXHIBIT E DEVELOPER COMMITMENTS 1. PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 2. ENVIRONMENTAL L The minimum native preservation requirement shall be 0.39 acres (3.93 acres x 10% = 0.39 acres to be preserved). iL The subject property is located within the ST-Wl wellfield zone. The storage and use of hR7.Rrdous materials shall be strictly prohibited. 3. TRANSPORTATION -,',-, A. The property owner within 30 days of the approval of this rezone shall convey to Collier County lands described in Exhibit C attached hereto. The property owner shall be entitled to receive cash compensation or Transportation impact fee credits from Collier County not to exceed $30,000. The form of compensation shall be at the discretion of Collier County. Cash compensation or written confirmation of impact fee credit shall be issued by the County within 180 days of the acceptance of lands described in Exhibit C. Said conveyance and acceptance by Collier County of the described lands incorporates the following supporting points: L) This conveyance positively addressed the potential for incongruity as stated in the Future Land Use Element under D. Special Issues which references the importance of reserving adequate right-of-way at the time of zoning. This conveyance ensures available right-of-way for planned capacity improvements at the intersection of Everglades Boulevard and Golden Gate Boulevard to accommodate a four-lane Everglades Boulevard and six-lane Golden Gate Boulevard. (Any future right of way taking(s) at this location shall be recognized as a separate action and shall not be subject to the limitations of this document.) "'~-- ii.) The value of the lands conveyed is recognized to be in excess of the compensation by cash or impact fee credit. Such value is required to provide adequate mitigation for future transportation impacts resulting from the project, limited to the land uses and intensity provided for in this rezone and the accompanying TIS dated September 2009. This mitigation satisfies consistency requirements of Policy 5.1 of the Transportation Element of the Growth Management Plan for the density/intensity proposed by this zoning change. 15 Fabhat.chee Plaza CPUD Revised: December 29, 2009 _ _"__"__'___._~_'O___"_.""_'m"H'_"""'__"<'__"'_.' -~ "._._"._----,---,,~.," Agenda Item No. 178 January 12, 2010 Page 72 of 73 iii.) All compensating right of way required in accordance with Section 6.06.01.H.3 of the Land Development Code (as amended) is included in the lands described in Exhibit C. No additional compensating right of way will be required at the time of Development Order application. The acreage of this compensating right of way shall not be creditable towards impact fee credits, and shall not be compensated by the County. iv.) Developer shall convey the parcel described in Exhibit C (the "Parcel") to County in fee simple, free and clear of all liens and encumbrances. Developer will provide the Office of the County Attorney with the executed statutory warranty deed, suitable for recording, within ninety (90) days of the County's request for conveyance. Upon receipt, the County shall record the statutory warranty deed in the Public Records of the County. All costs of recording and conveyance shall be paid by Developer. County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible for all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work. If required by the County Attorney, Developer will promptly provide either an attorney's opinion, or a corporate affidavit, identifying the record owner of this parcel, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on this parcel. The opinion or affidavit will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance, and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. B. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation for the proposed uses stated in the September 2009 Traffic Impact Study (134 PM Peak Hour, two-way trips). Staff reserves the ability to limit square footage or the number of units during any subsequent development order based on the trip generation limit. Any future occupant change that increases trip generation per ITE trip generation guidelines will require Transportation review and may not be allowed, if the total proposed trips exceed the maximum impact listed in this condition. 4. UTILITIES The project shall utilize well and septic systems until central water and sewer are available. Fakahatchee Plaza CPUD Revised: December 29, 2009 16 Agenda Item No. 178 January 12, 2010 Page 73 of 73 ",", 5. LIGHTING A. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. I. Where required, the street lamp shall be of the high pressure sodium type and be a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. 2. Parking lot lamps shall be low-pressure sodium type lamps or as specified in item iii) below and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. Lighting design shall be such that light intrusion into the native vegetation areas adjacent to residential lots is minimized. 3. Exterior lighting shall be limited as follows to decrease the ambient light intrusion on adjacent properties and the Estates in general: ,.._' i. All outside lights shall be limited to 250 watts HID or IWTIens equivalent except for code required life/safety lighting such as exit signs, stairwell and landing lighting, etc. ii. All exterior lamps must be full shielded. iii. All landscape lighting must be fully shielded and no landscape up- lighting shall be permitted. 6. OTHER Hours of operation for all uses with the exception of Public ()rder and Safety' Facilities shall be limited to 6am to lOpm. ,~,~ 17 Fakahatchee Plaza CPUD Revised: December 29, 2009