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Agenda 09/09-10/2008 Item # 8E N~Ge~~EM ~& ~ "~:.' ," '-', ,:...' L,~' V_. ....,., EXECUTIVE SUMMARY "J I D.(2 101- PUDZ-2006-AR-I0875, KRG 951 and 41, LLC, represented by Q. Grady Minor, is requesting a PUD Rezone from the Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and Artesa Pointe PUD zoning districts to the Commercial Planned Unit Development (CPUD) zoning district for the Tamiami Crossing CPUD, which would allow a maximum of 235,000 square feet of commercial uses. The 25.45-acre subject property is located east of Collier Boulevard (CR 951) just south of Tamiami Trail (US 41), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. COMPANION ITEM: PUDA-2007-AR-11734 OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject property from the Rural Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and Artesa Pointe PUD zoning districts to the Commercial Planned Unit Development (CPUD) zoning district for a development to be known as the Tamiami Crossing CPUD. 1-- CONSIDERATIONS: On the Future Land Use Map and Map Series of the Growth Management Plan (GMP), the subject property is designated both Mixed Use Activity Center Subdistrict (Activity Center No. 18) and Henderson Creek Mixed Use Subdistrict. On April 22, 2008, the BCC approved a Small- Scale GMP amendment (CPSS-06-01), which incorporated a 7.3-acre parcel at the extreme southeastern comer of the property, designated Urban Coastal Fringe Subdistrict, into Activity Center No. 18. As a result of this amendment, the entire site was converted to Mixed Use Activity Center No. 18, except for 0.88 acres along the southernmost property boundary, which still remains part of the Henderson Creek Mixed Use Subdistrict and is the subject of a second companion item, PUDA-2007-AR-11734, described below. As described in the companion item to this rezone petition (pUDA-2007-AR-11734, the "Artesa Pointe PUDA"), the petitioner proposes to remove 0.88 acres from the Artesa Pointe PUD (shown in hatch marks on the proposed Conceptual Master Plans) to incorporate this acreage into the proposed Tamiami Crossing CPUD, as stated above. Since the Henderson Creek Subdistrict in which the 0.88 acres is located is limited to a maximum of 325,000 square feet of commercial uses and the approved Artesa Pointe PUD already allows this maximum 325,000 square feet, no commercial development would be eligible for this acreage. Instead, the area would only qualify for use as a surface parking lot to meet the parking demands of the CPUD (as noted on the Master Plans). -- The Land Development Code (LDC) Section 2.03.06.C.3, Commercial Planned Unit Development District, provides for CPUDs to include the entire range of uses permitted in the General Commercial (C-l) through the Heavy Commercial (C-5) zoning districts. The proposed Page 1019 _r---.,-._.:..._~.__ , ....\...;._.\.JJ .."rt:~ ' No._ ~ 8:-! -'" ;; SEP () tI 20;)r;; Pi}=. f:).. -0+ I . -~.~ -- CPUD, if approved, would allow for 235,000 square feet of general commercial and retail uses consistent with these districts. The petitioner had originally submitted one Master Plan for staff to review (plan A, Exhibit C-1 of the PUD documents attached to the Ordinance). However, in order to address concerns expressed about the project, now proposes a second option (Plan B, Exhibit C-2 of the PUD documents). Only one of these options would the developer be allowed to select and pursue. Plan A would propose to locate a large big-box retailer adjacent to US 41, with parking to the west of the building, adjacent to CR 951. If this option were pursued, the developer would be required to maintain a zoned building height of 29 feet (32 actual feet) along any portion of the building within 200 feet of the US 41 right-of-way line, exclusive of any architectural tower e1ement(s). Such towers would be permitted a zoned height of 35 feet and an actual height of 38 feet. Signage would be prohibited on the proposed tower element(s). Plan B, if pursued, would allocate the square footage proposed for the large retail building depicted in Plan A between two separate parcels, with parking located between them. All building heights would remain at the maximum zoned height of 35 feet (actual height of 40 feet). Whichever option is ultimately pursued, the project would have two access points from Collier Boulevard and three from US 41. As shown in Exhibit E of the PUD documents, the applicant is requesting four deviations from the design standards of the Land Development Code and has provided justification to support them. Staff has analyzed these deviations and provides the following analyses and recommendations: Deviation 1 seeks relief from the requirement of LDC Section 4.06.02, which requires a landscape buffer between platted commercial building lots, for the portion of the site immediately north of Tract A on both Master Plan A and B. According to the petitioner, the purpose of this deviation is to permit a travel aisle in this location to facilitate the circulation of traffic on the site. Because the applicant has committed to providing more than enough plant material to compensate for this lost buffer within the enhanced landscaping buffers committed to along Collier Boulevard and the Tamiami Trail (to screen the site from these roadways, as depicted in Exhibit G of the Ordinance), staff recommends approval of this deviation. Deviation 2 seeks relief from LDC Section 5.06.04.C.l, which permits a maximum of two 80-square-foot on-premises pole or monument signs per public street frontage, as the petitioner would like to penuit an on-premises pole or monument sign at each of the site's three accesses along its US 41 frontage, having a maximum cumulative area of 160 square feet. The applicant has invoked the safe and efficient travel of the development's users as justification for this deviation. LDC Section 5.06.04.C. states that shopping centers having frontage of 150 feet or more on a public street shall be permitted one pole or ground sign measuring 80 square feet, if located along an arterial roadway; and that an additional sign may be permitted provided there is a minimum 1,000-foot separation between the two signs. The provision further states that, "[i]n no case shall the number of pole or ground signs exceed two per street frontage." Page 2 019 ,.. AGE~ -:-,~'---, No. . ~IL.l.j , SEP ().j Pg 3 i:l+ I D Although the subject property's entire US 41 frontage measures approximately 2,200 feet, which would result in the three signs proposed by the applicant only being 739 feet and 860 feet apart (see the monument signs' locations on the Conceptual Master Plans) instead ofthe 1,000 feet required, staff supports the proposed deviation since the proposed cumulative area of the signage would be the equivalent of two signs at 80 square feet each, which is the maximum signage area pennitted by the LDC. Deviation 3 seeks relief from Subsection 5.05.08E.jor Master PlanA only. This subsection permits no more than 50 percent of the required parking for interior lots to be located between the primary fa(:ade of a building and its abutting street. The applicant would like to permit 100 percent of the required parking between the proposed big-box's primary fa(:ade and the Collier Boulevard frontage, justifying doing so because of the irregular shape of the parcel. Architectural Review staff supports this deviation, subject to the applicant's enhanced landscape buffer commitment depicted in Exhibit G, which would serve to soften the impact of the resultant expanse of parking by greatly diminishing its view from Collier Boulevard, ( Deviation 4 seeks relief from Section 5.03.02.E., which requires a masonry wall between commercial and residential properties, Because the RSF-3 abutting the northwest border of the site is actually occupied by an Embarq station that is surrounded by other commercial uses; and the residential uses of Artesa Pointe to the south would be separated from the CPUD by a collector roadway and the subject site's preserve/water management area, it is staff s opinion that Type B landscape buffers alone at these interfaces would be sufficient to mitigate any conflicts. As such, staff supports this waiver. FISCAL IMP ACT: The rezoning action, in and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the CPUD is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the GMP's Capital Improvement Element (CIE) as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section ] 0.02.07(C) of the Land Development Code, fifty percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Page 3 of9 '~-----,--> ,\~1_-'_)___" -, No. ._, ...,1.", -J; &- SEP 0 9 2008 Pg~-t JS? Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are 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): As previously stated, except for the 0.88 acres designated Henderson Creek Mixed Use Subdistrict, the entire subject property is now designated Mixed Use Activity Center Subdistrict (Activity Center No. 18) in the FLUE and on the Future Land Use Map (FLUM) and Map Series. The Artesa Pointe PUD comprises all of the Henderson Creek Subdistrict, and the companion item to this rezone (PUDA-2007-AR-1l734) seeks an amendment to remove the aforementioned 0.88 acres from its boundaries. As the Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial uses (as is the Artesa Pointe PUD), if the 0.88 acres were incorporated into the proposed Tamiami Crossing CPUD, it would still remain within the Henderson Creek Subdistrict and, therefore, would not be eligible for commercial development. As such, the applicant has included a note on the Conceptual Master Plans stating that no buildings would be constructed on this acreage. ( The Mixed Use Activity Center Subdistrict is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated in order to avoid strip and disorganized patterns of commercial development and to create focal points within the community. (The list of factors to consider during review of such a rezone petition have been analyzed by staff on pages four and five of the original staff report, followed by all other applicable FLUE policies.) FLUE Conclusion: Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the FLUE. Conservation & Coastal Management Element: As outlined on pages six and seven of the staff report, this project is consistent with all of the applicable policies and objectives of the Conservation and Coastal Management Element of the GMP. Transportation Element: The petitioner is part of a US-41 consortium that has entered into a Developer Contribution Agreement (DCA) to fund and construct roadway improvements to the intersection of US-41/CR-951 and a portion of US-4 I east of the intersection. The consortium has until October 31,2008 to post a bond or amend the agreement. The DCA terms withhold issuance of the certificates of occupancy until the bond is posted and subsequent milestones are met. Compliance with the tenns of the DCA satisfies the transportation element of the GMP. Should the petitioner, as part of the consortium, fail to post the bond or amend the agreement by October 31,2008, the county would suspend all development orders until roadway concurrency has been satisfied. GMP Conclusion: The Growth Management Plan is the prevailing document supporting land use decisions such as the proposed CPUD. Staff is required to make a finding of consistency or inconsistency with the overall GMP as part of its recommendation of approval, approval with conditions, or denial of a rezoning petition. Staff believes this petition is consistent with the FLUM and the FLUE as indicated above, contingent upon approval of the companion Small Page 4 of 9 . I N~Gt:;J'jl#~i;~:':~' Po SE50~r~J Scale Comprehensive Plan Amendment; and with the GMP, including the CCME and Transportation Element, as noted. Based upon the above analysis, staff concludes the proposed uses may be deemed consistent with the goals, objective and policies of the overall GMP. AFFORDABLE HOUSING IMPACT: This petition contains no provisions to address the affordable-workforce housing demands that the proposed CPUD might create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the application and the CPUD document. As depicted on the CPUD Master Plans, the applicant has provided the required 3.43 acres of native vegetation on the site, and has committed to supplying an analysis demonstrating that post- development pollutant loading will be less than or equal to predevelopment loading, prior to final site plan/construction plan approval, as requested by staff. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was heard by the EAC on March 5, 2008, and received a unanimous vote (8-0) to recommend approval, subject to the following condition: · Stormwater management control elevation discharge shall be 4.9 feet NGVD or above. The applicant has incorporated this condition into Exhibit F, 8.3. ofthe PUD document, and has added "as required by South Florida Water Management District," as requested by the Collier County Planning Commission at their July] 7,2008 hearing. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on March 20, 2008, and voted 6-3 to forward it to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following revisions to the CPUD document: 1. The prohibition of tattooing establishments (Group 7299); 2. Front yard setback requirements from Tamiami Trail (US 41) East and Collier Boulevard (CR 951) to be one-foot for every two feet of zoned building height, but not less than 25 feet; 3. Accessory use setbacks to be the same as for the principal structure; 4. To apply the deviation from Subsection 4.06.02, Table 2.4 of the LDC, which requires landscaping buffers between separately platted commercial lots, only to the area immediately north of Tract A; 5. To provide a covered pedestrian walkway, as described in Subsection 2.D.2 of Exhibit F of the CPUD document; 6. The provision of stormwater management discharge at 4.9 feet NGVD or above; and Page Sof9 N~Gl::~~~,:1 ..::' I I SEP C D ryOfiM ! Pg l.c 0 + I 010 7. To provide an analysis demonstrating that post-development pollutant loading will be less than or equal to predevelopment loading in general accordance with the Harvey Harper methodology for review and approval by County Environmental staff at the time of Site Development Plan review. Opposition to the project by the CCPC was centered on its perceived failure to comply with I, 6, 7, 10, 12, 14 and 17 of the Rezone Findings contained in Attachment A to the staff report; and its perceived inconsistency with 1,3,6,7 and 8 of the PUD Findings contained in Attachment B to the staff report. However, on June 5, 2008, the applicant requested that the item be continued from its scheduled BCC hearing in order to make revisions to address concerns; and that the item be re-heard by the CCPC at their July 17, 2008 hearing. The applicant's resubmitted proposal incorporated all seven of the CCPC's recommended changes, as noted above, as well as a reduction in zoned height for all buildings from 60 feet to 35 feet, and actual height from 65 feet to 40 feet. In addition, it included a commitment to provide early, 19th century Old Florida style architecture, while proposing an alternative Conceptual Master Plan (plan B, included as Exhibit C-2 of the PUD document), thereby pennitting two options for development of the site. As shown, Plan B would allocate the square footage proposed for the large retail building depicted in Tract C in Conceptual Master Plan A (Exhibit C-l of the PUD document) between two separate parcels, with parking located between them. Accordingly, it would also make redundant the need for Deviation C (contained in Exhibit E of the PUD document), which permits 100 percent of the required parking to be located adjacent to Collier Boulevard (CR 951). Alternatively, if a big-box retailer were found for the site and Plan A was implemented, the developer would be required to maintain a further reduced zoned building height of29 feet (32 actual feet) along any portion of the building within 200 feet of the US 41 right-of-way line. The only exception would be for an architectural tower element, which would be permitted a maximum zoned height of 3 5 feet and 38 actual feet. Signage would be prohibited on any proposed tower element. As noted the attached Supplemental Staff Report, the CCPC re-heard the petition at their July 17, 2008 meeting and, this time, unanimously voted (6-0) to forward it to the BCC with a recommendation of approval, subject to minor revisions to the CPUD document that have been incorporated into the attached ordinance. Because this item received a unanimous recommendation of approval and no letters of objection were received from the community, it has been placed on the BCC's Summary Agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from an "A" Agriculture Zoning District, a C-2 Commercial Convenience Zoning District, a C-4 General Commercial Zoning District and a 0.88-acre portion of the Artesa Pointe PUD to the Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as Tamiami Crossing CPUD. Site specific rezones are quasi- judicial in nature. As such 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 Page 6 of 9 ; J;0:::~\:~.lI\ ~ ' ,"\ j 'No. C-<. , I SEP 0 S - 20.""' I pg7 0 ~ ~"1} 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. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. ( , 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability 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 detennination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. WiU the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? Page 7 019 20. 21. 22. 23. 24. 25. 11. NJ-\l;Jt..j\.lU~;~~-:,~ , "- o. "tl:.. '.. J SEP 0 i? ?W~ b-J-- IU an I - Pg Would the requested CPUD Rezone result in the possible creation 0 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 vehicwar traffic, including activity during construction phases of the development, or otherwise affect public sqfety? 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? Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Are there substantial reasons why the property cannot ("reasonably") be used In accordance with existing zoning? (a "core" question...) Is the change suggested out of scale with the needs of the neighborhood or the county? Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, article II], as amended. Page 8 019 '<~.._- /; N~~=- ~E?"-' SEP oj, ,I -"FJL~.9L_~f-~19t.- ~-'. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item is legally sufficient for Board action. (MMSS) RECOMMENDATION: Staff recommends that the BCC approve PUDZ-2006-AR-I0875, subject to the minor revisions to the PUD documents as recommended by the CCPC, which have been incorporated by staff into the attached ordinance. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning & Land Development Review Page 9 of 9 0(,: c/q/q/[8 NAo GENOA ITEM . () l;" - SEP 0 fi 20flH Pg 10 ,f-IOt- At the petitioner's request, this item is continued from the July 22, 2008 BCe meeting and is further continued to the September 9, 2008 BCC meeting. This item must be heard AFTER PUDA- 2007-AR-11734 and requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-10875, Q Grady Minor, representing KRG 951 and 41, LLC, has submitted a PUD rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit Development (CPUD) zoning district. This is to allow development of commercial land uses with a maximum of 235,000 square feet. The property consists of +/- 25.45 acres and is located in Section 3, Township 51 South, Range 26 East, Collier County, Florida (Companion item to PUDA-2007-AR-11734). Prepared By: Depariment Date County Attorney 8/26120082:56:15 PM Approved By: Department Approval Date Zoning and Land Development Approved 9/2/2008 10:03 AM Review Approved By: Department Approval Date Transportation Approved 9/2/2008 10:39 AM Planning Approved By: Department Approval Date County Attorney Approved 9/2/2008 4:25 PM Approved By: Department Approval Date County Attorney Approved 9/2/2008 4:25 PM Approved By: Department Approval Date CDES Approved 9/2/20084:32 PM Approved By: Department Approval Office of Management Approved and Budget Approved By: Department Approval County Attorney Approved Approved By: Department Approval CDES Approved Approved By: Department Approval Office of Management Approved and Budget Approved By: Department Approval County Approved Manager's Office Date 9/31200811:14 AM Date 9/2/2008 4:25 PM Date 9/2/2008 4:32 PM Date 9/3/2008 11 '14 AM Date 9/3/200812:59 PM ATTACHMENT&:. Name" Description Cl Einal I;X[;.c_UTIVE SJ"JMMA8Y 19-2- 08l-doc D EU_QZ-2006-AR-1087Q.. Tamiami Crossina CPUD,odf D t<1lm9.QILQ.Q1 D$J,!Q.Q.J;1.Qf Cl e[1y~taff rw-29f D tis,odf CI tam ord.odf Executive Summary Original Staff Report Application Supplemental Staff Report EAC Staff Report TIS Ordinance Type" Executive Summary Staff Report Application Staff Report Backup Material BaCkup Material Ordinance Pg: b+ I (:) Co~r County s~ A ~EfE;"~ SEP ~ E:: "I'i' ~ ",. T.'..:.I Pg f~ 0+' ID STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEAlUNG DATE: MARCH 20, 2008 SUBJECT: PUDZ-2006-AR-I0875, TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) COMPANION ITEMS: PUDA-2007-AR-1l734 AND CPSS-06-0l APPLICANT: John A. Kite and Alvin E. Kite, Jr. KRG951 and 41, LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204-3565 AGENTS: D. Wayne Arnold, AICP Q. Grady Minor and Associates 3800 Via del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esquire Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail, Suite 300 Naples, FL 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application to rezone the subject property from the Rural Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and Artesa Pointe PUD zoning districts to the Commercial Planned Unit Development (CPUD) zoning district for a development to be known as the Tamiami Crossing CPUD, which would allow a maximum of 235,000 square feet of commercial uses. GEOGRAPHIC LOCATION: The 25.45-acre subject property is located in the southeastern quadrant of the Tamiami Trail (US-4I) and Collier Boulevard (CR-951) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (see the location map on the following page). PUDZ-2006-AR-10875. Tamiami Crossing I:~ NAGEN[)f\ ii 1::1\; 0::_ ~t= Ii i:lU' n.~ :.;:. J3 4l~/Pl- .. i Il. <( ~ C) Z Z o N , O~ ~a . on .... '" o ~ 19t -'YS DI/V~n.ou YJrrm , 0: <: , '" o o N , N C a. .. Z o !:: I- W a. Il. <( ~ tiz W2 "">t( 00 g:g "IIi . z o I- 4: () o -' % -~"""" ~'"' .1 I l !i' , . . I . l , . O ZU>Z : ~~- :! 5~@ gu) ~:J~ f-~ o"'tO tnUJ ~~g: tritn 00 =>0: I-:::!:D::: VJ5 1-::>0 ~f3 id~ffi 0" ;a~z :i:~ ~<~ ii!~ \1:iii! :J:::E <(>w ~ffi UJ~lf.I ZQ. !;iD:...J ~t :!~~ <i!ffi ~~U)d ~~ g:o..z9 tho ~~Q~ uJ- ~o.\il- 8~ ~~~~ (/)z t3~~:; ;Q Gw ~ 5~ ~~~~ o..u; UUl~~ .. ~ g ~ ~ Z 0 ~ t-~ ~~~~ Z .-' oJ zw OU> 1=" "'0 ~~ il!~ ,,~ :8'" ciU WZ IO ~ffi 00 offi i"I Uw "I I'r- U>Z 15" Ut: W~ "'0 ~W ~~ IU U>O U>~ ~~ti 0"''' 5~~ "'r-O o~"l zO", M J'I'I"'-~..'-'" '.., l\ll . .~,_.,..-~ III Ih" 'L ,11. il h i i , ;,! 21 11 '1 ; I ., 11.1"' '. /1 . ; ( ;, I , ! "' ~ +, ~ :;\ N " i >- ~ ~ " "' w w r- r- "' "' '" 8r- iitll "'~ ~~ "a ""' "' ~ ~ u: " VI ~ ~ ~ ~ z ~ <( z U) g ~ ~ ~ ~ ..... m w ;t w ;; ~ w o 81i'!l6& Pg V x< " WO , ~ ~ ~i ~ u ~ '" 5 e:: U "' ~" <1~ I. ." 111// ~ I . i./ ~!' ,! .'.;' vi I .,/.:"." i"l ," g ! ~il! I 011' 'I ~ii!.III z'I" ! ~ll ~i: I' ~. ~g; o . 8 . .. i:l ~ ; ~ . 0, .--- ," " - !i1 .. ~ ~ \.. . :!P.l <> a ~ ~ ~ @~ ,. Hi --I ~ i ~ e PURPOSEffiESCRIPTION OF PROJECT: I N~~EN..6~'\ . . SEP (1.~ "fir, 'J __!"II !<)i:lf-/b - On the Future Land Use Map and Map Series of the Growth Management Plan (GMP), the subject property is designated both Mixed Use Activity Center Subdistrict (Activity Center No. 18), Urban Coastal Fringe Subdistrict, and Henderson Creek Mixed Use Subdistrict. A companion item to this rezone petition has been submitted to the Comprehensive Planning Department for a Small Scale GMP Amendment (CPSS-06-0I) to incorporate a 7.3-acre parcel at the extreme southeastern corner of the property, designated Urban Coastal Fringe Subdistrict, into Activity Center No. 18. If approved, the entire site would then be designated Mixed Use Activity Center No. 18 except for 0.88 acres along the southernmost propelty boundary, which would remain palt of the Henderson Creek Mixed Use Subdistrict and which is the subject of a second companion item, PUDA-2007-AR-II734, described below. PUDA-2007-AR-II734 (the "Artesa Pointe PUDA"), proposes to remove 0.88 acres from the Artesa Pointe PUD to incorporate this acreage into the proposed Tamiami Crossing CPUD, as previously stated (this area is shown in hatch mal'ks on the preceding page). As the Henderson Creek Subdistrict in which the 0.88 acres is located is limited to a maximum of 325,000 square feet of commercial-and the approved Altesa Pointe POD already allows this maximum 325,000 square feet-no commercial development would be eligible for this acreage. Instead, this area would only qualify for use as a sW'face parking lot to meet the parking demands of the CPUD (as noted on the Master Plan). LDC Section 2.03.06.C.3, Commercial Planned Unit Development District, provides for CPUDs to include the entire range of uses permitted in the General Commercial (C-I) through the Heavy Commercial (C-5) zoning districts. The proposed CPUD, if approved, would allow for 235,000 square feet of general commercial and retail uses consistent with these districts. A maximum zoned height of 60 feet would be permitted for the principal PUDZ-2006-AR-I0875, Tamiami Crossing 2 NAGENDA rrEM D. OF f "SEt ~ ';JIO~ structures, with actual height, including appurtenances, permitted a maximum height of 67 eeL ,"", The project is bordered by US 41 to the north and CR 951 to the west. The Mastel' Plan indicates that the project would have two access points from Collier Boulevard and three from US 41. SURROUNDING LAND USE AND ZONING: West: US 41, then a CVS Pharmacy, undeveloped land and commercial uses; zoned Conunercial Convenience (C-2), General Conunercial (C-4) and Heavy Commercial (C-5) State-owned conservation land; zoned Rural Agricultural (A) Wal-Mart and Habitat for Humanity single-family residences; zoned Artesa Pointe PUD Shell gas station and Circle-K, then CR-951 and commercial uses; zoned C-4, Residential Single Family (RSF-3) (an Embarq telecommunications station) and Eagle Creek PUD North: East: South: GMP CONSISTENCY: As previously stated, the subject prope:ty is designated Mixed Use Activity Center Subdistrict (Activity Center No. 18), Urban Coastal Fringe Subdistrict, and Henderson Creek Mixed Use Subdistrict in the Future Land Use Element and on the Future Land Use Map and Map Series. This area includes 1018.15 acres of A, C-2, and C-4 zoned properties. A petition for 107.3 acres, cUlTentIy zoned A and designated Urban Coastal Fringe Subdistrict, has been submitted to the Comprehensive Planning Depa:tment for a Small Scale Growth Management Plan Amendment to incorporate the acreage into Activity Center No.18. This CPUD rezone is therefore contingent upon approval of that GMP amendment; and if approved, the entire site would be designated Mixed Use Activity Center Subdistrict except for the aforementioned 0.88 acres, which would remain under the Henderson Creek Mixed Use Subdistrict designation. Artesa Pointe PUD presently comprises all of the Henderson Creek Subdistrict, and the companion item to this rezone (PUDA-2007-AR-11734) seeks an amendment to remove 0.88 acres from its boundaries. As the Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial uses (as is the Artesa Pointe PUD), if the 0.88 acres were incorporated into the proposed Tamiami Crossing CPUD, it would still remain within the Henderson Creek Subdistrict and, therefore, would not be eligible for commercial development. The Mixed Use Activity Center Subdistrict is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated in order to avoid strip and disorganized patterns of conunercial development and to create focal points within the commw1ity. Factors to consider during review of a rezone petition are as follows: PUDZ-2006-AR-10875, Tamiami Crossil1g 3 AGE~i~ ,~~310 :jPn;.J "Rezones within Mixed Use Activity Centers are encouraged to be in tlte form of a Planned Unit Development. Tltere sltall be no minimum acreage limitation for suclt Planned Unit Developments except requests for rezoning must meet tire requirements for rezoning in the Land Development Code." The project was submitted as a Commercial Planned Unit Development. "Tire amount, type and location of existing zoned commercial land, and developed commercial uses, witltin the Mixed Use Activity Center and within two road miles of Mixed Use Activity Center. " The proposed development is located within Activity Center No. 18. The area within the proposed CPUD is currently vacant. The propeliy is zoned C-2, C-4 and A, and is compatible with the sUl'I'ounding zoning within the Activity Center boundaries (more specific commercial analysis was submitted with the GMP amendment petition). The surrounding area within a two-mile radius consists of C-2, C-4, PUD, A, and residential uses. "Market demand and service area for tlte proposed commercial land uses to be used as a guide to explore tlte feasibility of the requested land uses." No market study was submitted with this application. However, as stated, the site is presently zoned C-2, C-4 and A. FUliher, the CPUD document proposes retail, office, professional and business service uses that are compatible with the existing commercial zoning in Activity No. 18 and within a two road-mile area. (As noted above, a more specific commercial analysis was submitted with the GMP amendment petition.) "Existing patterns of land use witltin the Mixed Use Activity Center and within two radial miles." There is a variety of existing land uses within Activity Center No. 18 and within two radial miles, including commercial, residential single-family, residential multi-family and mixed-use PUDs. "Adequacy of infrastructure capacity, particularly roads." The project proposes access to US 41 and Collier Boulevard. Transportation Planning Department has reviewed this petition for adequate road capacity and has recommended approval, subject to the developer commitments contained in Exhibit F. "Compatibility of tile proposed development witll, and adequacy of buffering for, adjoining properties." Compatibility is required by FLUE Policy 5.4. Comprehensive Planning staff defers a compatibility detennination to the Depaliment of Zoning and Land Development Review staff as part of their review of this petition in its entirety. "Natural or man-made constraints." Staff is not aware of any physical constraints to the development of this property. "Rezoning criteria identified in tile Land Development Code." This criterion is reviewed by Zoning and Land Development Review staff in the "Zoning Review" pOliion of this repOli. "Conformance witlt Access Management Plan provisions for Mixed Use Activity Centers contained in tlte Land Development Code. " Transportation Planning staff has reviewed the PUDZ-2006-AR-J0875. Tamiaml Crossing 4 '~I"'~ ''10 ... vUA ~-:-:::-~. '~~il'.;' 'Ln.D~ SfP1ln ; I Pg- I~' :jl~ petition for compliance with access requirements, and necessary provisions have been included -= in Exhibit F ofthe CPUD Document, "Coordinate traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point location and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and extemal vehicular Ilnd pedestrian interconnections." A Traffic Impact Analysis was conducted, and the petition has undergone a detailed traffic review by the Transportation Plalming Depaltment. "Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and future adjacent projects." The project proposes two vehicular and pedestrian interconnects to the Altesa Pointe PUD located along the project's southwestern and southeastern boundaries. "Conformance with architectural design standards as identified in tlie Land Development Code." Specific architectural design provisions of the LDC shall apply, However, staff leaves the detelmination to the Zoning alId Land Development Review Depaltment as part of their review. Policy 5.4: Requires new developments to be compatible with the surrounding land area. Comprehensive Planning staff leaves this determination to Zoning and Land Development Review staff as palt of their review of the petition in its entirety; however, would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or neal'by properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc. Policy 7.1: The County shall encourage developers and propcrty owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code, Along US 41, a principal arterial highway, the conceptual CPUD Master Plan depicts two right-inlright-outs and one full access (the southernmost); and along CR 951, a minor mterial highway, it shows two right-in/right-outs. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and to minimize the need for traffic signals. A loop road is not depicted on the conceptual CPUD Master Plan due to the unusual shape of the site; however, the Master Plan depicts parking lot aisles that do connect US-41 and Collier Bouleval'd. PUDZ-2006-AR-I0875, Tamiami Crossing 5 Ii N/'~cNG01-~I' O. ~ _ I I pgl~it I~l-f -.'. .! \ , \ Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Although the conceptual CPUD Master Plan allows for two potential vehicular and pedestrian interconnects between the proposed Tamiami Crossings CPUD and the Artesa Pointe PUD, the interconnections themselves should be absolute and expected to be part of the SDP 01' plat. (To address this issue, a developer commitment has been included in Exhibit F, 2.F.7., requiring two vehicular and pedestrian intercOlmections to the south.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Being a CPUD, there are no residential densities; however, the development standards and conditions are consistent with other similar Iypes of commercial planned unit developments. FLUE CONCLUSION: Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the Future Land Use Element (FLUE). Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish this, Policy 2.2.2 asselts, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas, a lake and wetlands to provide water quality retention and peak flow attenuation during storm events. Pursuant to Objective 2.4 and Policies 2.4.1, a copy of the Environmental Impact Statement will be provided to staff and the Rookery Bay National Estuarine Research Reserve for their review. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: . Greater than fifteen percent of the existing native vegetation will be retained on-site as preserve and will be protected by a pennanent conservation mechanism to prohibit fUlther development. Selection of preserves are consistent with the criteria listed in Policy 6.1.1. PUDZ-2006-AR-10875, Tamlami Crossing 6 N~~\ i7EF- E;-W t) '-e. pg_Sf: '?f-lL_ . In accordance with Policies 6.1.1 (6) and 6.1.4, habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, as required by Policy 6.2.6. . Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1. 7 and the LDC. . The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. . Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order petmitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. . In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are identified in the PUD document and are in accordance with the uses identified in Policy 6.2.5. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. . Wildlife surveys for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. GMP Conclusion: The Growth Management Plan is the prevailing document sUPPOlting land use decisions such as the proposed CPUD. Staff is required to make a finding of consistency or inconsistency with the overall GMP as part of its recommendation of approval, approval with conditions, or denial of a rezoning petition. Staff believes this petition is consistent with the FLUM and the FLUE as indicated above, contingent upon approval of the companion Small Scale Comprehensive Plan Amendment; and with the GMP, including the CCME and Transportation Element, as noted. Based upon the above analysis, staff concludes the proposed uses may be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition and the LDC criteria PUDZ-2006-AR-I0875, Tamlami C/'Ossing 7 I ,I .Ill +-j"-1 Q ,_1'\1 .~_ ~ ~~---.._.-."...~-~._-~ AGENW\ ITEM- No. <6b SEP c');- ,/\1;)'-,:; upon which a recommendation must be based, specifically noted in Sections 10.02.13.B.5. and 1O.03.05.H, which establish factual bases to suppott a recommendation. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents, and have been attached to the staffreport as Exhibits A and B. In addition to Ihese documents, staff offers the following analysis: Environmental Review: Environmental Services staff has reviewed the application and the CPUD document to address environmental concerns. The applicant has committed to providing 3.43 acres of native vegetation on the site; however, has not provided staff with the commitment to supply an analysis demonstrating that post-development pollutant loading will be less Ihan or equal to predevelopment loading, prior to final site plan/construction plan approval. As such, this commitment has been included by staff as a condition of approval. This petition was required to have a hearing before the Environmental Advisory Council (EAC) on March 5, 2008. The outcome of that hearing is described in the EAC portion of this staff repOlt, below. TransTJortation Review: Transportation Depaltment staff has reviewed the petition and the applicant has incorporated Transportation staffs revisions within the CPUD document. The US 41 consottium Developer's Contribution Agreement to provide capacity improvements for the project has been approved by the BCC, and the Consortium is actively pursuing their required project bond, which is yet to be posted. As such, TranspOltation Planning staff is recommending approval of the petition, subject to the transpOltation-related commitments contained in the CPUD document, and will withhold all Certificates of Occupancy until the necessary bond is posted. Utilitv Review: The project's location is within the Collier County Water and Sewer District Service Area. The project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division. Per the County's GIS, there are an existing 20-inch water main and a 12-inch force main along Collier Boulevard, as well as a l6-inch water main and al6-inch force main along the Tamiami Trail. Emerzencv Manazement: The Tamiami Crossing CPUD is located in a CAT 1 Hurricane Surge Zone and requires evacuation during many hurricane events. However, this is a commercial project with no residential units proposed; therefore, the Emergency Management Department has no issues with this CPUD. Zoninf! Review: As depicted on the CPUD Master Plan, included as Exhibit C of the CPUD documents, the site is generally bifurcated, having commercial uses on one side and a preserve/stol1TIWater management area on the other. As a result of this design approach, compatibility with surrounding parcels is achieved since the proposed commercial uses al'e adjacent to existing commercially-zoned properties (except for one parcel zoned RSF-3, but which is occupied by an Embarq telecommunications station); and the proposed preserve and water management area appropriately abut the preserve area and residential uses of the of the A.1tesa Pointe PUD and adjacent State-owned A-zoned land. The subject site would be buffered from the commercial uses to the north by US 41 and a 20-foot wide Type D landscape buffer, as required by the LDC for all commercial uses adjacent to rights-of-way. The State-owned PUDZ-2006-AR-J0875, Tamiaml Crossing 8 r AGEN(!JI ITEM - I b+:J~2-' _c.___,,;;,;,,~:::...,_,: SEP ~,&>vR~ conservation land to the east would be adequately separated from the CPUD by a ten-foot wide Type A buffer. AID-foot wide buffer is proposed along the entire shared length of the Artesa Pointe boundary to the south. This buffer is proposed to be a Type D where it abuts the project's southernmost entrance at Collier Boulevard, along the project's interface with A1iesa Pointe's commercial uses; and a Type A at the project's interface with A1.tesa Pointe's nature preserve/water management area. The buffer would also be Type A along the subject propeliy's 3.43-acre native preserve, and would increase to a Type B buffer where the project's water management area abuts the residential uses of Artesa Pointe. To the west, the subject propeliy would be separated from other commercial uses along CR 951 by a I O-foot wide Type A buffer. However, because the aforementioned Embarq station is actually located on a parcel zoned RSF-3, a Type B buffer would be provided as required by the LDC. According to LDC Section 5.03.02.E., a masonry wall should also be provided at each of the property's interfaces with the two adjacent residentially-zoned properties. However, the applicant has requested a waiver of this requirement, described in the "Deviations" section of this repOli, below. The CPUD's development standards are contained in Exhibit B, Table 1. of the CPUD document. As the uses proposed for the Tamiami Crossing CPUD are consistent with those permitted in the C-l through the C-5 zoning districts, the C-3 zoning district was used in the table below as a benchmark to evaluate the proposed development standards against the LDC's standards. As shown in the table, the CPUD would provide appropriate setbacks from its Proposed Development Standards for Principal Structures vs. C-3 Standards ofLDC PUDZ-2006-AR-I0875, Tamiaml Crossing 75 feet 75 feet 25 feet 25 feet 15 feet 25 feet 25 feet 50% of building height; but ;:25 feet " 50% of building height; but;:15 feet 50% of building height; but ;:25 feet " 10 feet 15 feet 10 feet 25 feet The greater of 10 feet or the sum of building hei hts Zoned 60 feet; actual 65 feet 1,000 sq. ft. per subdivided lot 235,000 sq. ft. none " " 25 reet none 50 feet 700 sq. ft. (ground floor) none 9 I N~GEN~~i,:';' ... SCp".. 'inrl" J- IUC .' . 'I" d~ o+/IJ ! ----5L..,~~~,~':~~~=:~"..:.:..=.:..._... ,'~ abutting roadways and uses. (It should be noted that although setbacks from Artesa Pointe are proposed to be only 15 feet, Enviromnental Services staff has verified that tbat project's platted preserve area commences ten feet from its boundary line. Thus, the 25-foot setback requirement of the LDC for principle structures from preserve areas would be respected.) Maximum zoned building height for both retail and office buildings would be 50 feet, with the actual building height not to exceed 65 feet. Overall, the proposed development standards for principal structures meet the standards of the C-3 zoning district. Along the project's Collier Boulevard frontage, the applicant has provided a commilment (in Exhibit F, section 0.2.) stating that the Type D buffer shown would be supplemented to the extent depicted in Exhibit 0, entitled "Enhanced Landscape Buffer." The purpose of tllis enhanced buffer is to mitigate the impact of the applicant's requested deviation (No.3), which will be discussed in detail in the "Deviations" portion of this report, below. As shown in this exhibit, the Type D buffer has been augmented to provide one additional canopy tree every 30 feet, with all canopy trees in the buffer measuring six feet taller than normally required at the time of planting. In addition, the sabal ("cabbage") palms in the buffer are proposed to be staggered from 12 to 18 feet in height rather than simply ten feet in height as required by the LDC. Finally, a royal palm will be installed on either side of the cabbage palm clusters to further enhance the buffer. Overall, 7.36 acres, 01' 30 percent of the site's area, would be retained as open space-the minimum required by LDC Section 4.07.02.0., Design Standards -of which 15 percent would be held in the aforemenlioned 3.43-acre preserve. As illustrated in the following table, accessory structures would require front Ylll'ds to be a minimum of zero feet. Staff does not support this setback since "accessory snuctures" per the LDC include parking structmes, which would not be appropriately located abutting internal roadways. Therefore, a condition of approval has been included requiring setbacks to be Proposed Development Standards for Accessory Structures vs. C-3 Standards of LDC 10 feet 10 feet 10 feet parking structures 35 feet; utility buildings 10 feet; all others: S.P.s. 10 feet if parking structure, 1 foot pel' every foot of building height; all others: ] 0 feet none 10 feet 25 feet PUDZ-2006-AR-I0875, Tamiami Crossing 10 I____ - NAGEND(1L"";;-- - o. __~ .l;:rVj SEe () G, . '/flfl-:;j Yg~ t.f -~-!l(j --.;;:::~'.......... - , ~ consistent with those of the principal structure, as normally required by the LDC. Rear and side yards would be set back a minimum of ten feet, with ten-foot setbacks from preserve areas. Distances between accessory structures would be at least ten feet; and the structures maximum permitted height would be 25 feet. These standards, as shown in the table below, are either equal to or slightly less than those required by the C-3 zoning district. Deviations: In Exhibit E of the CPUD document, the petitioner seeks approval of three deviations from the design standards of the Land Development Code and has provided a justification to support these deviations. Staff has analyzed these deviations and provides the following analyses and recommendations: Deviation 1 seeks relief from the requirement of LDC Section 4.06.02, which requires a landscape buffer between platted commercial building lots. According to the petitioner, the purpose of this deviation is to provide zero-foot setbacks between buildings due to anticipated multiple land ownership of the large anchor building shown on the Master Plan. This deviation would, incidentally, also allow him to forego the installation of internal landscape buffers between the two separately platted tracts shown (or an even greater number of tracts if the site is ultimately re-platted). The petitioner claims that this deviation is justified due to a recent trend in commercial development. Staff is strongly opposed to any such a deviation, as it amounts to an unconditional waiver of the LDC's landscape requirement for Type A buffers between separately platted tracts without any mitigation for impacts. The outcome of this waiver would be the creation of a grossly overdeveloped site without clearly defined uses, and one with an unusually harsh microclimate due to the lack of vegetation to shade each of the individual parcels ft:om adverse ambient temperatures. Moreover, LDC Section 4.06.01 specifically states that the purpose and intent of the landscape code is to: . Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment; . Provide physical and psychological benefits to persons through landscaping by reducing noise and glare; . Screen and buffer the harsher visual aspects of urban development; . Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate; . Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and . promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for the installation and maintenance of landscaping. Obviously none of these objectives would be achieved by honoring the applicant's requested deviation. Furthermore, this situation would only be fUlther exacerbated by the PUDZ-2006-AR-10875. Tamiami Crossing 11 . ~::p~~T:~,~ '!l..l"9 .J~:~~{~. applicant's third requested deviation (see No.3, below), which staff only supports contingent upon denial of Deviation No.1. Deviation 2 seeks relief from LDC Section S.06.04.C.1, which permits a maximum of two 80- square foot on-premises pole 01' monument signs per public street frontage, as the petitioner would like to permit an on-premises pole or monument signs at each of the site's three accesses along its US 41 frontage, having a total maximum cwnulative area of 160 square feet. The applicant's justification for the deviation is the safe and efficient travel of the development's users. LDC Section S.06.04.C. states that shopping centers having frontage of ISO feet 01' more on a public street shall be pernutted one pole or ground sign measuring 80 square feet, if located along an arterial roadway; and that an additional sign may be permitted, provided there is a minimum 1000-foot separation between the two signs. The provision ruther states that, "[i]n no case shall the number of pole or growld signs exceed two per street frontage." Although the subject property's entire US 41 frontage measures approximately 2,200 feet, which would result in the three signs proposed by the applicant only being 739 feet and 860 feet apalt instead of 1 ,000 feet (see the monument signs locations on the Conceptual Master Plan on page three), staff supports the proposed deviation since the proposed cumulative area of the signage would be the equivalent of two signs at 80 square feet each, which is the maximwn signage area permitted by the LDC. Deviation 3 seeks relief fi'om Section S.OS.08.E., which pelmits no more than SO percent of the required parking for interior lots to be located between the primary fayade of a building and its abutting street. The applicant would like to permit 100 percent of the required parking between its primary fayade and the Collier Boulevard frontage, juslifying doing so because ofthe ilTegular shape of a parcel. Architectural Review staff would support this deviation with the applicant's enhanced landscape buffer commitment in Exhibit G, which would serve to moderate the impact of the resultant expanse of parking by adequately paltitioning its view from Collier Boulevard. However, as noted above, staff only supports this deviation in conjunction with the denial of Deviation No.1, since only interior landscaping between platted parcels in addition to the enhanced landscape buffer would sufficiently moderate the impact of locating the site's entire parking needs along its Collier Boulevard frontage. Deviation 4 seeks relief from Section S.03.02.E, which requires a masonry wall between commercial and residential propelties. Because the RSF-3 site is actually occupied by an Embarq station that is sW'rounded by other conunercial uses; and the residential uses of Altesa Pointe would be separated from the CPUD by a collector roadway and the subject site's preserve/water management area, it is staffs opinion that the Type B landscape buffers alone provided at these interfaces would be sufficient to mitigate any conflicts between the uses. As such, staff supports this waiver. PUDZ-2006-AR-J0875, Tamiami Crossing 12 NAGENDA iTEM o. ~~ I pgJ!~ SJ'i;'DJ- ENVIRONMENTAL ADVISORY COUNCIL (EAC): This petition was heard by the EAC on March 5, 2008, and received a unanimous vote(8-0) to be forwarded to the CCPC with a recommendation of approval, subject to the following condition: . Stormwater management control elevation discharge shall be 4.9 feet NGVD or above. Staff has incorporated this condition into its stipulations for approval, on the following page. NEIGHBORHOOD INFORMATION MEETING (NIMl: (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) The applicant duly noticed and held the NIM for Tamiami Crossing, Artesa Pointe (P0DA- 2007-AR-1I734), and the associated Comprehensive Planning Amendment (CPSS-06-1) as companion items on September 26, 2007, at Manatee Elementary School. Approximately 70 people attended, some of whom identified themselves as residents of Eagle Creek. Also present were County staff, County Commissioner Donna Fiala, PIatming Commissioner Bob Murray, the applicant and his agents. Most of the questions posed by attendees focused on traffic impacts and the County's Transportation Divisions' plans for area road improvements. The applicant told the audience that a signal on 0S-41 between the site and one quarter mile from the Habitat for Humanity project would be sought, with an alternate location further east, subject to the approval of the Florida Department of Transportation (FDOT). The applicant's team stated that there were plans for access points on CR 951 and US 41, and two interconnection points with Altesa Pointe PUD. Attendees were interested in finding out if there was a big box retailer like Super-Target proposed. Eric Strickland of Kite Development responded that a box retail or grocery store was proposed, and that his firm is indeed a Tat'get developer. He also stated that the project's projected opening was late 2008. The agent added that the proposed zoning was primarily for C- 4 (General Commercial) uses, and that a garden center was also a potential end-user. A commitment was made by members of the applicant's team that there would be no tattoo parlor. The Developer's agent, Richard Y ovanovich, stated that the applicant's team was willing to speak with any Homeowners' Associations that were interested in meeting with them. He also told the group that these items would not be on the summary agenda if there were any objections from the neighbors since attendees felt that the Wal-Matt in Artesa Pointe had been approved without adequate notification of the public hearing date. Mr. Y ovanovich then advised the audience to file any objections to the proposals with the County's Planning staff, The NIM officially ended at approximately 6:30 p.m. TranspOltation Planning Director Nick Casalanguida said he and the applicant's team would remain after the meeting to discuss PUDZ-2006-AR-I0875. Tamiami Crossing 13 I.. ,:GE~~,,- . "Ep \ :'i!;- I d~~ci.+ -'/-L~ developer contribution agreements and improvements of the Collier Boulevard/US-41 intersection, RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2006-AR-I0875 to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The applicant shall be permitted one sign at each of the US 41 access points; however, the cumulative area of all the pole or monument signage along this frontage shall not exceed 160 square feet 2. The site shall be separated from the residential uses along its Attesa Pointe boundary by a minimum Type B buffer, and from the parcel zoned RSF-3 along its western boundary by a minimum Type B buffer. No fence or wall shall be required. 3. Setbacks for all accessory structures shall be the same as those of the principal structure. 4. An "Environmental" subsection in the "Development Commitments" section of the CPUD document shall be included to state, "An analysis demonstrating that post development pollutant loading will be less than or equal to predevelopmenlloading in general accordance with the Harvey Harper methodology, shall be completed and submitted for review and approval prior to final site plan/construction plan approval." 5. No tattooing establishments shall be permitted within the CPUD. 6. Stormwater management control elevation discharge shall be 4.9 feet NOVO or above. Staff also recommends approval of the applicant's requested deviations exceptfor Deviation #1, which requests a waiver of the LDC's requirement for Type A buffers between separately platted tracts without any mitigation for its impacts. However, should the Board choose to recommend approval of Deviation # I, staff recollU11ends that Deviation #3 be denied, which staff SUppOlts only subject to the denial of Deviation #1. PUDZ-2006-AR-10875, Tamiami Crossing 14 PREPARED BY: NAGENDA ITE/Vi . o~EP B ~,:) I !. Pg RR ';)+ li/l~ _2::':_~::~.:.::::.:. "_~ ~ J -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .... ;L/J..-F'j 0 g / DATE REVIEWED BY: O1I~M^-' 001 [1/7-,",'-&1/):; -;2t{,~~ MARJO M. STUDENT-STIRLING U ASSISTANT COUNTY ATTORNEY ~/ ~'-!6(j , DATE ~ 3h~r V. BELLOWS, ZONING MANAGER ' , DATE NT OF ZONING AND LAND DEVELOPMENT REVIEW ~lrn.~ AUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW v,!? /O~ DATE APPROVED BY: 310 /v~ PH K. SCH ITT ADMIN STRATOR I / DATE MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 20, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MeAL. P ~ \ - MARK P. STRAIN, CHAIRMAN 3- 2.O'o~ DATE Exhibits: A. Rezone Findings B. PUD Findings PUDZ-2006-AR-10875, Tamlami Crassing 14 EXHIBIT A I AGENDI)J+EM J No. '5 ., SF ~ 20fJi I l'li - ")(I:9..Qr_L D ~~:~:~;.;;.:.;...~- " REZONE FINDINGS PETITION PUDA-2006-AR-I0875 Tamiami Crossing CPUD Chapter IO.03.05,G of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the clements of the Growth Management Plan. Findings: Page three of the staff report expalins how this petition is consistent with the Future Land Use Map (FLUM) and the Growth Management Plan (GMP). The subject property is designated Mixed Use Activity Center Subdistrict, (Activity Center #18) Urban Coastal Fringe Subdistrict, and Henderson Creek Mixed Use Subdistrict in the Future Land Use Element and on the Future Land Use Map and Map Series. This area includes 18.15* acres of A, C-2, and C-4 zoned properties. A petition for 7.3* acres, currently A-zoned and designated Urban Coastal Fringe Subdistrict, has been submitted to the Comprehensive Planning Department for a Small Scale Growth Management Plan Amendment to incorporate this acreage into Activity Center #18. This CPUD rezone is therefore contingent upon approval of that GMP amendment; and if approved, the entire site would be designated Mixed Use Activity Center Subdistrict except for 0.88 acres, which would remain under the Henderson Creek Mixed Use Subdistrict designation. 2. The existing land use pattern; Findimrs: The subject site is generally bordered by commercial zoning districts to the north and west and by the Artesa Pointe PUD the south, which permits commercial uses consistent with the C-I through C-5 zoning districts. Therefore, the proposed CPUD would be compatible with the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Findings: As noted above, the subject site is already sUl1'0unded by property with similar land uses. For this reason, the proposed rezone would not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Findings: The location map on page two of the staff report highlights the boundary of the subject parcel. The CPUD is indeed irregular in relation to the majority of parcels in the County, which are typically rectangular. However, the subject property was created by the assemblage of available parcels in the area, which resulted in a rather unusual shape for the proposed PUD. Nevertheless, the dislrict boundaries are not illogically drawn. Page 1 of 4 EXHIBIT A N~~~' SEP 0 S ?nr(! Pg 3jC, , 6 F-{t:J make the passage of the propuslm=>-~" s. Whether changed or changing conditions amendment necessary. Findings: The proposed PUDA is not obligatory at this location. However, the request is reasonable because the preponderance of the property is designated Mixed Use Activity Center Subdistrict, which is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated to avoid strip and disorganized patterns of commercial development and to create focal points within the community. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Findings: The proposed development would not adversely affect the living conditions in the neighborhood as appropriate buffering has been provided adjacent 10 residential uses in the Artesa Pointe PUD. Furthermore, Ihe proposed use for the propelty would be similar to that already approved for the Artesa Pointe PUD. 7. Whether the proposed change will create 01' excessively increase traffic congestion or cl'eate types of traffic deemed incompatible with snrrounding 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. Findings: The TranspOltation Services Division has reviewed the proposed PUD and has recommended approval of the petition as the project is not projected to lower the Level of Service (LOS) below the adopted LOS for the area. 8. Whether the proposed change will create a drainage problem; Findings: The proposed change should not create drainage or surface water problems, as the existing water management system is designed to prevent drainage problems on the site. Additionally, the LDC and OMP have regulations in place to enstU'e review for adequate drainage on the proposed Tamiami Crossing CPUD. 9. Whethel' the proposed change will seriously reduce light and air to adjacent areas; Findings: The proposed change will not have an adverse impact on adjacent properties in terms of reducing light and air. Exhibit B provides the building height and setback standards which should maintain the light and air circulation on adjacent propelties. 10. Whether the proposed change will adversely affect property values in the adjacent area; Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself mayor may not affect values, since value determination is driven by the market. There is no guarantee that the project will be marketed in a manner comparable to the stU'rounding developments. Page 2 of4 EXHIBIT A l N~GEr :EM --. I SEP" :;11:,' :, Pg.. Qj_J?~ U~ --_~..______.___.......;::-..:=;;...,~.r' 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Findings: The adjacent properties allow similar uses. Therefore, the proposal would not be a deterrent to the improvement of adjacent propelties, 12. Whether the proposed change will constitute a grant of special ptOivilege to an individual owner as contrasting with the public welfare; Findings: As stated, the proposed amendment complies with the Mixed Use Activity Center Subdistrict, (Activity Center #18) Urban Coastal Fringe Subdistrict, and the Henderson Creek Mixed Use Subdistrict designation of the OMP in which it is located. Furthermore, land use applications are subject to a public hearing process to insure that they do not constitute a grant of special privileges or are inconsistent with other properties in the vicinity in which they are situated. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Findin~s: There are no substantial reasons why the property could not be used in accordance with existing zoning. However, the proposed use would fulfill the objectives of the Mixed Use Activity Center Subdistrict. 14, Whether the change suggested is out of scale with the needs of the neighborhood or the County; Findings: The proposed amendment conforms to the goals and objectives of the OMP and is compatible with the surrounding property. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Findings: There are many sites that are 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 OMP and the LDC, as was the Attesa Pointe PUDA proposed in conjunction with this petition_ 16. The physical characteristics of the pt'operty 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. Findings: Any development would require some site alteration and the subject site will have to be cleared to execute the proposed CPUD. 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 Page 3 of4 EXHIBIT A 1 NAGENDA~i, _PgJ:2JIJ --....._~-,} Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Findings: The proposed CPUD will have to meet the criteria set forth in Section 6.02.00, Adequate Public Facilities and conform to the goals and objectives of the GMP. This petition has been reviewed by county staff, who has concluded that the proposed development is consistent with the elements ofthe GMP. Page 4 of 4 EXHIBIT B ,i---, /. N{;'...~E~\ ITEM ",~" E' I ,)f-:' 'I' ~OOB j- . J L . , !?~ It-:~+- L6,.1i -~-' FINDINGS FOR PUD PETITION PUDA-2006-AR-I0875 Tamiami Crossing CPUD Section 10.02.13 of the Collier County Land Deveiopment Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 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, sewel", water, and other utilities. Findings: If the companion small scale amendment upon which this application is contingent is approved, the entire site would be designated Mixed Use Activity Center Subdistrict (except for 0.88 acres, which would remain under the Henderson Creek Mixed Use Subdistrict designation). The Mixed Use Activity Center Subdistrict is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The proposed CPUD fulfills the objectives of this designation and will have to be in accordance with all applicable sections of the Land Development Code (LDC) at the time of issuance of any development order. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or otber instl'uments, 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 arc not to be provided or maintained at public expense, Findings: Evidence of unified control was provided with the application. All arrangements for the development of the CPUD are contained within the PUD documents. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GI'owth Management Plan (GMP). Findings: The project as proposed is consistent with the Future Land Use Map (FLUM) which designates the subject propeliy as both the Mixed Use Activity Center Subdistrict and the Henderson Creek Mixed Use Subdistrict. The subject petition has been found consistent with the goals, objectives and policies of the GMP, as explained on page three of the staff repmi. 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. Findings: Section 4.07.02 of the LDC has specific development requirements for PUD districts to insure that they are compatible with established or planned uses of the surrounding neighborhoods. As noted in the staff repmi, the subject parcel is located in Page I of2 r_I.~~ EXHIBIT B .. SEP O. 0 100~. I . .. .. .~~-,L both the Mixed Use ActlVlty Center Subdlstnct and the Henderson Creek Mixed Use ..__.} Subdistrict, a latter which permits a maximum commercial gross floor area of 325,000 square feet. As the Artesa Pointe PUD has already been approved for 325,000 square feet of commercial uses, the subject 0.88 acres would not be eligible for any further commercial development. Instead, this acreage would only be limited to parking area, which would be compatible with the surrounding uses. The applicant seeks relieffrom the requirement ofLDC Section 4.06.02, which requires a landscape buffer between platted commercial building lols. Staff is strongly opposed to any such a deviation, as it amounts to an unconditional waiver of the LDC's landscape requirements without any SOlt of mitigation for its impacts. The result of such a waiver of the normally required Type A buffers between separately platted tracts would merely create the appearance of a grossly overdeveloped site, as well as an extremely hostile microclimate, due to the lack of vegetation to define each of the individual uses and to cool ambient temperatures. 5. The adequacy of usable open space areas in existence and as proposed to serve the developmeut. Findings: Approximately 7.36 acres, or 30 percent of the site's area would be retained as open space-the minimum required by the LDC-ofwhich 15 percent would be held in a 3.43-acre preserve. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, Findings: No capacity issues are known at this time and the petition has been reviewed by County Transportation staff who has determined that no Level of Service (LOS) standards will be adversely affected. Policy 2.3 of the GMP requires the celtification of public facility availability prior to the issuance of a final local development order. Because of this provision, the development must be in compliance with applicable concurrency management regulation. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Findings: The utility and roadway infrastructure has, or will have, adequate capacity to serve the proposed CPUD and the surrounding development at the time of its build-out. 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. Findings: Staff has reviewed this petition and found it to be consistent with the Future Land Use Element (FLUE) and the other elements of the GMP. The proposed development standards are comparable to the development standards of the C- 3 zoning district. Additionally, the proposed buffers and deviations recommended by staff will ensure compatibility with the adjacent propelties. Page 2 of2 " ORDINANCE NO. 08-_ 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 HIE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A (AGRICULTURAL), C-2 (COMMERCIAL CONVENIENCE). C-4 (GENERAL COMMERCIAL) ZONING DISTRICTS AND ARTESA POINT PUD TO A COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" KNOWN AS THE TAMIAMI CROSSING CPUD LOCATED. IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONSISTING OF 24.45:t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, KRG 951 and 41. LLC, represented by Wayne Arnold, 01 Q. Grady Minor & Associates, petidoned (he 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, tbat: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South. Range 26 East, Collier County, Florida, is changed from the A (Agricultural), C-2 (Commercial Convenience) and C-4 (General Commercial) and Artesa Painte PUD Zoning Districts to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Tamiami Crossing Commercial Planned Unit Development (CPUD) in accordance with Exhibits A through G. auached 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 Florida Department of State. Page 1 of 2 I' /IGENDA jTl::I': 0, n 'S~ i .. .:;,F:- () 9 200 Pg.3S: 0 f {07 .:;' PASSED AND DULY ADOPTED by super-majority yote of the Board of County N~GEN~~\;-L SfP' , Pg '3 b () +-- (fJ --~ "0 ~'- -~-....:::... Commissioners of Comer County, Florida, this __ day of .2008, ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA , Deputy Clerk By: TOM HENNING. CHAIRMAN By: Approve.d as to form and legal sufficiency: I ~ ;1i\ Marjorie M. Student-Stirling Assistant County Attorney Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviation from LDC Exhibit F - List of Developer Commitments Page 2 of 2 COLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) ! AGENDA .,.-~- Ii NO~/--.~J' (-P ,~C 'J,\ ~,), 7nm1 ':c, 31 b+ 6 2800 NORTH HORSE:.iIIUE~ NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER PUDZ-2006-AR-10875 REV, 3 TAMIAMI CROSSING CI'UD Project: 200S060079 Datc: 10131107 DUE,12I4107 NAME OF APPLICANT (S) KRG 951 AND 41. LLC ADDRESS 30 SOUTH MERIDIAN STREET. SUITE 1100 CITY INDIANAPOLIS STATE ill ZIP 46204-3565 TELEPHONE # 317-809-6960 CELL # FAX # 317-577-5605 E-MAIL ADDRESS;ESTRICKLAND@KITEREALTY.COM NAME OF AGENT D. WAYNE ARNOLD. AICP- Q. GRADY MINOR AND ASSOCIATES. P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # E.MAIL ADDRESS: WARNOLD@GRADYMINOR.COM FAX # 239-947-0375 NAME OF AGENT RICHARD D. YOVANOVICH, ESQ. - GOODLETTE, COLEMAN AND JOHNSON. P.A. ADDRESS 4001 TAMIAMI TRAIL, SUITE 300 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # 239-435-3535 CELL # FAX # 239-435-1218 E.MAIL ADDRESS: RYOVANOVICH@GCJLAW,COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. KITE951 PLN CPUD Rezone Petition.doc N~GENDA ITEM - S~EP ii' ", , '., 'In. Q '... '-' I ij'.l Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF PROPERTY OWNERS ASSOCIATION: N/A 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: MAILING ADDRESS CITY STATE ZIP KlTE951PLN CPUD Rezone Petition.doc AGEN~; 'P'- No, ,'€,\ SF-P \." 2nn:1 a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint 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 NOT APPLICABLE 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 KRG 951 & 41, LLC 30 South Meridian Street. Suite 1100 Indianapolis, IN 46204-3565 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 d. If the property is In the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership KlTE951 PLN crUD Rezone Petition.doc Name and Address 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 partne . AGENDA iT~';- No. (5 1::/\, Percentage of Ownershi S.EP O~ 2.00B I PYF iT) *{ o_t1- e. 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 g. Date subject property acquired ~ 2003, 2004, 2005 and 2007 leased 0 'f.erm ef ~8aS8 _yrs}mes. If, Petitioner has option to buy, indicate the following: Date 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 date 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. Detailed lellal description of the propertv covered bv the application: (If space is inadequate, attach on separate page,) If request involves change to more than one zoning district, include separate 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 1" 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. KlTE9S I PLN CPUD Rezone Petition.doc NAGEND/\ !TEfl.: >~ o 1>E' , ~y Sq 1".,~[Ii'~.. Section/Township/Range S3/T51S/R26E Lot: Block: Subdivision: Plat Book Page #: Property to. #: 00726240005. 00726080003, 00726160004, , 00726120002,00726320006. 00726280007, 00726721809,00725841007. 00726724204 and 00726724301: Metes & Bounds Description: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "0.S.-3" OF TRAIL RIDGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 89"55'57" WEST, ALONG THE NORTH LINE OF SAID TRACT "0.S.-3", FOR A DISTANCE OF 683.32 FEET TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00"04'03" WEST, ALONG THE EAST LINE OF SAID LANDS, FOR A DISTANCE OF 200.05 FEET TO A POINT ON THE NORTH LINE OF TRACT "C" OF SAID TRAIL RIDGE; THENCE RUN NORTH 89"55'57" WEST, ALONG SAID NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERL YMOSTWESTERL Y CORNER OF SAID TRACT "C"; THENCE RUN SOUTH 02'30'29" WEST, ALONG THE WESTERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 1 00.09 FEET; THENCE RUN NORTH 90'00'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD #951 (RIGHT-OF- WAY VARIES); THENCE RUN NORTH 02'30'29" EAST, ALONG SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04"12'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 640.85 FEET; THENCE RUN SOUTH 89'42'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15'42'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35'39'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT>OF-WAY); THENCE RUN SOUTH 54'20'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35"39'44" WEST FOR A DISTANCE OF 400.00 FEET TO A POINT ON THE NORTHERLY LINE OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN NORTH 54'20'16" WEST, ALONG THE NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 25.451 ACRES, MORE OR LESS. Size of propertv: ft. X ft. = Total Sq. Ft. Acres 25.45:1: Address/aenerallocation of subiect propertv: No site address, propertv is located on the south side of U.S. 41 approximatelv 300 feet east of Collier Boulevard. PUD District (LOC 2.03.06): o Residential 0 Community Facilities ~ Commercial 0 Industrial ':'i;~o,~;;~,j;~?'~~5~-;",~~ti~3;~~;1~t;~:;~\~i~~v.l1iIi&t,,~~14lN~;'~~P;~~t!l~\il;~~.;;~;);;''.t;~;;:ki$\~~~t~g~~i~lI!!~f~ Zoning Land use N C-2/ST, C-3/ST. CA, C-5, A S PUD EA W PUD, C-4. RSF-3 Commercial. CVS Pharmacv and undeveloped land Commercial and Residential. Artesa Pointe PUD Undeveloped State owned land Residential - EaDie Creek PUD, Countv Utilities, Convenience Store KlTE95 I PLN crUD Rezone Petitioll.doc Does the owner of the subject property own property contiguous to the subjec give complete legal description of entire contiguous property. (If space Is i on separate page). NO p~GENDA ITE de~&, t!tyI~aR g~,10,c~ f- I~ -.,...,--._~ Section/Township/Range Lot: Block: Plat Book_ Page #: Metes & Bounds Description: _/ / Subdivision: Property 1.0, #: !~~'jr1~~~~4ri'l~~~r~~f.i~l1Al~~~~~wlt~]r;I~;~~~::":.~iti~liil[~~~~i~~t~~j~~}i~.I~.~~$~~~~~_tl~t~jl~~ This application is requesting a rezone from the A. Rural Aqriculture. C-2. C-4. and PUD (Artesia Pointe) zoning district(s) to the CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) zoning district(s). Present Use of the Property: Vacant. Undeveloped Proposed Use (or range of uses) of the property: Commercial. Retail Original PUD Name: Ordinance No.: Pursuant to Section 10.02.13 of the Collier County Land Development Code, staffs 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 Rezone Considerations (LDC Section 10.02.13.B) The Tamiami Crossing Commercial Planned Unit Development proposes a maximum of 235,000 square feet of general commercial and retail land uses on 24.57:!: acres. The property is located on Tamiaml Trail (U.S. 41) and Collier Boulevard (S.R. 951). Access to the project is from Tamiami Trail and Collier Boulevard. The project is located within the Mixed Use Activity Center Sub District designation (Activity Center #18) as identified on the Future Land Use Map, as described In the Activity Center Sub-District of the urban - Commercial District in the Future Land Use Element (FLUE).. The proposed commercial uses are consistent with the intent and purpose of the Mixed Use Activity Center Subdistrict of the Future Land Use Element. The conceptual master plan prepared for the property identifies the proposed building areas in support of the light industrial land uses. The conceptual master plan also identifies proposed points of ingress/egress to the site, landscape buffers and areas proposed for storm water retention. The proposed development is compatible with surrounding commercial development which aiso lies within the Urban Residential Sub,district, and adjacent Mixed Use Activity Center Subdistrict. Natural ground elevation is approximately 9':!: NGVD. The entire site is located within FEMA Flood Zone AE5. as identified on the FIRM Map, Community No. 120067. Panel no 605G and 615G. November 17,2005. 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. KITE95 I PLN CPUD Rezone Petition.doc The subject property is located in the Mixed Use Activity Center Sub Distr t k1.!ft~8rI~Ji.Mivit~ ~ Center #18) as identified on the Future Land Use Map, which permits land us s such as commercial. ~t The site Is presently undeveloped, and all contiguous properties are being de . 10~!t~rrwoo-cla and residential land uses. p 3 i> fIb II" ~""";c.,_ .~ The site has access to Collier Boulevard and U.S. 41. Urban services are presently available to the property and sufficient capacity exists to serve the proposed land uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other Instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with the application provide evidence of unified control. A portion of the subject property is under contract for purchase and appropriate disclosures are provided In the application. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Statement of Compliance located in the CPUD document discusses consistency with the Collier County Growth Management Plan. The proposed commercial land uses are consistent with the intent and purpose of the Future Land Use Element and Coastal Management Element of the Growth Management Plan. 4. The Internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and bUffering and screening requirements. The proposed commercial development is compatible with the surrounding land use pattern. The internal arrangement of the proposed development, access points and project buffers are consistent with the Growth Management Plan and Land Development Code and sound planning principles with respect to urban development within Mixed Use Activity Centers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed commercial development will provide open space in accordance with the LDC. Open spaces will be provided for this project and will include areas for landscape buffers, building landscaping, preserves, and water management areas. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, The proposed timing of development will be required to be consistent with the County's concurrency management system in effect at the time development order approvals are granted. 7. The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed CPUD. Adjacent properties are presently under development The application includes all properties under the unified control of the applicant and current property owners. KITE951PLN CPUD Re:tollc Petitioll.doc 8. Conformity with PUD regulations, or as to desirable modifications of such e~~i~~Pf~ t particular case, based on determination that such modifications of justified s m~'b'Wblic ~ purposes to a degree at least equivalent to literal application of such regulati ns. Ll. U 200R -Pg=-.-l u-t- (0 The proposed CPUD includes development standards and conditions which are con'sis1enrwllil"7;ffi'ilr~ similar types of commercial planned developments. The CPUD document and master plan includa buffers and development standards which also fulfill objectives to promote economic development in Collier County. Deed Restrictions: The County Is legally precluded from enforcing deed restrictions, however. many communities have 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 petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes I:8J No If so, what was the nature of that hearing? 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 supply necessary information to continue processinq or otherwise actively pursue the rezoninq for a period of six (6) months. An application deemed "ciosed" 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 project will be subject to the then current code. ., (LDC Section 10.03.05.0.) KITE95 JPLN CPUD Rezono Petitioll.doc r 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. #OF REQUIREMENTS COPIES REQUIRED NOT REQUIRED 1 Additional set If located in the Bayshore/Gateway Triangle Redevelopment Area) Co ies of detailed descrl tion of wh amendment Is necessar 24 Completed Application (download from webslte for current 24 form) Pre-a licatlon meetin notes 24 PUD Document & Conceptual Site Plan 24" x 36" and One 8 )1," 24 x 11" co Revised Conce tual Site Plan 24" x 36"and One 8 W x 11" co 24 Original PUD document and Master Plan 24" x 36" - ONLY IF 24 AMENDING THE PUD Revised PUD document with chan es crossed thru & underlined 24 Revised PUD document w/amended Title page w/ord #'s, LDC 24 10.02.13.A.2 x x X x X X X x X !'jfrc~;"ji;\:';lJf1;i;ifrnl[;\iiJ'litti7"","",~~""~~7~~~ ~". ,- .--- -- '"'P3l ,~ ,~' '- LeA -_ _ ..cc= _,-,,'1;jj',. h~'.;O",-' zo..!- ___ _ cO' ~ , 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 checklist 2 X 2 2 2 2 X X X X v-,,,~' . '.' ,.~="","~~,'='_P'_._~-- ,--.,"" "_-'\'j ,.;! ~1111'" li"),mF,#;b!~,','llll!h' '. c" , _ . 1 ~ _ __ Environmental Impact Statement (EIS) and digital/electronic co of EIS or exem tion 'ustification 4 Historical Surveyor waiver request 4 Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) or waiver 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 Electronic copy of all documents in Word format and plans (CDRom or Diskette) If located In RFMU (Rural Frinqe Mixed Use) Receivinq Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of ForestrY~239-690-3 00 for infor~tion regarding "Wildfire. Mitigation Rj;tion:1 ", LDCSe . ion 2.03.08.A.2.a.(b)i.c. ~--~D----- -------- '"_______E,.~~ _Jtl\ ~6l rf'7 Applicant/Ag Signature Date . X X X X X X X X KJTE951 PLN crUD Rezone Petitioll.doc co1N:r County __ ~i ..A NAGE~-;:--; 0._ c/v, ..Jf<,n~{:J ----=..- , SUPPLEMENTAL STAFF REPORT FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 17,2008 SUBJECT: PUDZ-2006-AR-I0875, TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) APPLICANT: KRG951&41,LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204-3565 '" AGENTS: D. Wayne Arnold, AICP Q. Grady Minor and Associates 3800 Via del Rey Bonita Springs, FL 34134 Richard D. Yovanovich, Esquire Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail, Suite 300 Naples, FL 34103 REQUESTED ACTION: To have the Collier County PlalUling Conunission (CCPC) consider additional mitigation and an alternate Master Plan for an application to rezone the subject propeliy from the Rural Agricultural (A), Commercial Convenience (C-2), General Commercial (C-4) and Altesa Pointe PUD zoning districts to the Commercial Planned Unit Development (CPUD) zoning district for a development to be known as the Tamiami Crossing CPUD', which would allow a maximum of 235,000 square feet of commercial uses. PROJECT STATUS: The CCPC previously heard this petition on March 20, 2008, and voted 6-3 to forward it to the Supplemental Report Tamiami Crossing. PUDZ-2006-AR-I0875 Page 1 of 4 AGEW -. Nc iE".:EI> ~ EP Li:c ~O[j; :_: ~ Ie:) '" I a.. <t: ~ C) Z Z o N ! ~ ~i ~ . o~ iq '" ,. '" o I~& -'I(S OW,u]~ IliI'T1O:l a: '" <0 o o N , N o :> <L .. 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"' 8 Ii'!> @ @ 0 N~GEN~M J SEP 0 S 2008 Board ?f COU?t,Y Commissioners (BCC) with a recommendation of approval, su 0fii 10 the_.t;Q . Qt-- OL followll1g reVISIOns to the CPUD document: . 1. The prohibition of tattooing establishments (Group 7299); 2. Front yard setback requirements from Tamiami Trail (US 41) East and Collier Boulevard (CR 951) to be one foot for every two feet of zoned building height, but not less than 25 feet; 3. Accessory use setbacks to be the same as for the principal stlUcture; 4. To apply the deviation from Subsection 4.06.02, Table 2.4 of the LDC, which requires landscaping buffers between separately platted commercial lots, only to the area immediately north of Tract A; 5. To provide a covered pedestrian walkway, as described in Subsection 2.D.2 of Exhibit F of the CPUD document; 6. The provision of stormwater management discharge at 4.9 feet NGVD 01' above; and 7. To provide an analysis demonstrating that post-development pollutant loading will be less than 01' equal to predevelopment loading in general accordance with the Harvey Harper methodology for review and approval by County Environmental staff at the time of site development plan review. Opposition to the project by the CCPC was centered on its perceived failure to comply with I, 6, 7, 10, 12, 14 and 17 of the Rezone Findings contained in Attachment A to the staff report; and its perceived inconsistency with 1,3,6,7 and 8 of the PUD Findings contained in Attachment B to the staff report. On June 5, 2008, the applicant requested that this item be continued from its scheduled BCC hearing date to address concerns about the project. In response to these concerns, the applicant has revised the proposal and requested that it be re-heard by the CCPC. SUPPLEMENTAL ANALYSIS: The new proposal has incorporated all seven of the CCPC's recommended changes noted above, as well as a reduction in height for all buildings from 60 feet to 35 feet (zoned) and 65 feet to 40 feet (actual); and a commitment to provide early, 19'h century Old Florida style architecture. In addition, the applicant is also proposing an alternative Conceptual Master Plan (referred to as "Plan B" and included as page three of this report), thereby permitting two options for development of the site. It should be noted that staff does not normally permit applicants to submit various development options, but has made an exception in this case because of the minor variation between the two plans and the fact that both options have provided sufficient mitigation for their respective impacts, as discussed below. The newly proposed Plan B, if implemented, would allocate the square footage proposed for the large retail building depicted in Tract C in the original Conceptual Master Plan (referred to as "Plan A" and included on page two of this report) between two separate parcels, with parking located between them. Accordingly, Plan B would also eliminate the need for Deviation C (contained in Exhibit E of the PUD documents), which permits 100 percent of the required parking to be located adjacent to Collier Boulevard (CR 951). Supplemental Report Tamiami Crossing. PUDZ-2006-AR-I0875 Page 2 of 4 AGENDJ\ ITEr,l No 8t? ~ SEP 0 G 2008 Alternatively, if a big-b~x retailer were found :01: the s~te and Plan A was imp eliVnte.c1 tile ~1;U f 4 developer would mamtam a reduced zoned bUlldmg hmght of 29 feet (32 actual eet along .. any portion of the building within 200 feel of the US 41 right-of-way line, exclusive of any architectural towel' element(s) which would be permitted a maximum zoned height of 35 feet (38 actual feet). Additionally, signage would be prohibited on the proposed towel' element(s). (Additional information about the site can be found in the original staff report submitted for the March 20, 2008 cepe hearing.) In staffs opinion, this reduction in height of 31 feet (zoned), coupled with the architectural requirements of LDe Section 5.05.08, Architectural and Site Design Standards, would mitigate the impact of those features normally associated with big-box stores, such as the reclangular shape, flat roof, size and massing. RECOMMENDATION: Staff recommends that the cepe forward petition PUDZ-2006-AR-I0875 to the Bee with a recommendation of approval, subject to the following condition: 1. If Conceptual Mastel' Plan B is selected, then Deviations A and e shall not apply and the developer shall comply with the applicable buffering requirements of LDe Section 4.06.02 and the applicable parking lot design standards of Section 5.05.08. Supplemental Report Tamiami Crossing. PUDZ-2006-AR-I0875 Page 3 of 4 PREPARED BY: 10 -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: 11&f~fu- 00). -;Jw.d o"d: -~ MARJ EM. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OWS, ZONING MANAGER DEP TMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~yd~ SUSA M. IStENES, AICI1 lRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: 10 EPH K. SCHMITT MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR AGEt~~t ITEM- No. C I Pg S~: ~fn)p=l c!sz~ of DA 1~ 3-08 DATE b- 7.-3'0g- DATE -6 -.30-s8' DATE 7/J-t~! I ATE Tentatively scheduled for the July 22, 2008 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Supplemental Report Tamiami Crossing. PUDZ-2006-AR-I0875 Page 4 of4 NAGENDI\ ITE,\oi' o. - ;;)C J n i' ,.....,~,' , pgjg ~Z- '1'6 ' .~"'- .,~c- - .:::::~'__ -=-.~___ ~ Item vr.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5 & 6, 2008 I. NAME OF PETITIONER/PROJECT: Petition No,: Petition Name: PUDZ-2006-AR-I0875 T AMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) KRG 951 and 41, LLC Q. Grady Minor and Associates, P.A. Boylan Environmcntal Consultants, Inc. Applicant/Developer: Engineering Consnltant: Environmental Consultant: II. LOCATION: Thc subject property is located in the southeastern quadrant of the Tamiami Trail (US-4I) and Collier Boulevard (CR-951) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - Commercial Convenience (C-2), General Commercial (C-4), Heavy Commercial (C-5) and Falling Waters PUD US 41, CVS Pharmacy, undeveloped land, and commercial uses S - Artesa Pointe PUD Wal-Mart and single-family residences E - Rural Agricultural (A) Undeveloped State-owned land W - C-4, Rcsidential Single Family (RSF-3) and Eagle Creek PUD Shell gas station and Circle-K, Ihen CR-951 and commercial uses IV. PROJECT DESCRIPTION: N~GE~~fvr "'. ~~ St 1~~J . --:~.;;;;.~=--,~ j\ EAC Meeting Page 2 of 12 The subject property is presently designated both Mixed Use Activity Center Subdistrict (#18), Urban Coastal Fringe Subdistrict and Henderson Creek Mixed Use Subdistrict on the Future Land Use Map and Map Series of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A companion item to this CPUD rezone petition has been submitted to the Comprehensive Planning Departmcnt for a Small Scale GMP Amendment (CPSS-06-01) to incorporate a 7.3-acre A-zoned parcel, designated Urban Coastal Fringc Subdislrict, into Activity Center #18. If approved, the entire site would be designated Mixed Use Aclivity Center #18, except for .88 acres along the southern property boundary, which would remain part of the Henderson Creek Mixed Use Subdistrict and is the subject of a second companion item, PUDA-2007-AR-11734. PUDA-2007-AR-l1734 (the "Artesa Pointe PUDA"), as stated, proposes to remove 0.88 acres from the Artesa Pointe PUD to incorporate this acreage into the proposed Tamiami Crossing PUD. As the Henderson Creek Subdistrict in which the 0.88 acres is located is limited to a maximum of 325,000 square feet of commercial-and the approved Artesa Pointe PUD already allows the maximum 325,000 square feet of commercial-no commercial development would be eligible for this acreage. Instead, the arca would be used to meet parking requirements for the CPUD. Pm-suant to LDC Section 2.03.06.C.3, the Commercial Planned Unit Development (CPUD) zoning district is construed to include the entire range of uses permitted in the General Commercial (C-I) through (C-5) zoning districts. The proposed CPUD, if approved, would allow for 235,000 square feet of general commercial and retail uses consistent with these districts. A maximum zoned height of 60 feet would be permitted, with actual height, including appurtenances, 10 be a maximum of 67 feet. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: As previously stated, the subject property is designated Mixed Use Activity Center Subdistrict, (Activity Center #18) Urban Coastal Fringe Subdistrict, and Henderson Creek Mixed Use Subdistrict of the Future Land Use Element, Future Land Use Map and Map Series. This area includes 18.15:!: acres of A, Agricultm-al, C-2 and C-4 zoning. A pelition for 7.3:!: acres of the 25.45:!: acres currently zoned A, Agricultural, and designated Urban Coastal Fringe Subdistrict, has been submitted to the Comprehensive Plmming Department for a Small Scale Growth Management Plan Amendment to incorporate the 7.3:!: acre parcel into Activity Center #18, making a total of 25,45:!: acres for a Planned Unit Development, to be known as Tamiami Crossings CPUD. This CPUD rezone is therefore contingent upon approval of that PClge 3 of 12 AGENDA. iTi::..-"'J No. 3~ L SEP "I ".-"^ ';J C ;~\Ir;~ : p ~,,f-- ( 0 . g~-~,= ...~ RAC Meeting GMP amendment. If approved, the entire site would be designated Mixed Use Activity Center, except for the .88 acres that would remain designated Henderson Creek Mixed Use Subdistrict. Artesa Pointe PUD presently comprises all of the Henderson Creek Subdistrict, and is in the process of a PUD amendment to remove .88 acres from its boundaries, to be incorporated into the proposed Tamiami Crossing PUD boundaries. The Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial. The approved Artesa Pointe PUD allows for a maximum of 325,000 square feet of commercial. Therefore, through incorporating the .88 acres into the proposed Tamiami Crossing PUD, the boundaries remain within the the Henderson Creek Subdistrict, and no commercial building area is eligible to be developed on the .88 acres. The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, 10 .avoid strip and disorganized patterns of commercial development, and to creale focal points within the commtll1ity. Factors to consider during review of a rezone petition are as follows: "Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except requests for rezoning must meet the requirements for rezoning in the Land Development Code". The project was submitted as a Commercial Planned Unit Development. "The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activi(y Center and within two road miles of Mixed Use Activity Center. " The proposed development is located within Activity Center #18. The area within the proposed PUD is currently vacant, however is zoned C-2, C-4 and A, and is compatible with the sUlTounding zoning within the Activity Center boundaries. (More specific commercial analysis was submitted with the GMP amendment petition.) The surrounding area within a two mile radius consists of C-2, C-4, PUD, Agricultural and residential uses. "Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses." No market study was submitted with this application. However, the site is presently zoned C-2 and C-4 and A. Further, the PUD document proposes retail, office, professional and business service llses that appear to be compatible with the existing commercial zoning in Activity #18 and a two road-mile area. (More specific commercial analysis was submitted with the GMP amendment petition.) EAC Meeting NA~ift lTEI\,J' . o. c' J ~Jto~lr!~tJ- Page 4 of 12 "Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. "There is a variety of existing land uses within Activity Center #18 and within two radial miles, including commercial, residential single-family, residential multi-family and mixed-use PUDs. "Adequacy of inji-astructure capacity, particularly roads." The project proposes access to US 41 and Collier Boulevard (CR 951). TranspOltation Planning Department has reviewed this petition for road capaCity and has found it sufficient. "Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties." Compatibility is also required by FLUE Policy 5.4. Comprehensive Planning staff defers the compatibility determination to the Department of Zoning and Land Development Review staff as part of their review of this petition in its entirety. "Natural or man-made constraints. " Staff is not aware of any physical constraints to development of this property. "Rezoning criteria identified in the Land Development Code. " This cliterion is to be reviewed by Zoning and Land Development Review staff as part of their review of this petition in its entirety. "Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code. " Access provisions are included in the PUD Document. Additionally, Transpoltation Plmming staff has reviewed the petition for compliance with access requirements and limitations. "Coordinate traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point location and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. " Detailed traffic review has been performed by the TranspOltation Planning Depmtment. "Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and future adjacent projects." The project proposes two vehicular and pedestrian interconnects with the Artesa Pointe PUD. "Conformance with architectural design standards as identified in the Land Development Code." The PUD document provides for commercial land uses designed to be harmonious with the adjacent Artesa Pointe PUD and surrounding commercial development by using common architectural themes, quality screening/buffering, and native vegetation, whenever feasible and applying the provisions of the specific section of the LDC that m-e otherwise applicable. AGE~"'C No. C~" I pgj5_~~~OtDI4-- EAC Meeling Poge 5 of 12 Policy 5.4: Requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc. Policy 7.1: The County shall enconrage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The conceptual PUD Master Plan indicates two right- in/right-outs and one full access connection between the project and US 41 to the nOlih, which is a principal arterial highway, and one right-in/right-out connection to CR 951 to the west, which is a minor arterial highway. Policy 7,2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and to minimize the need for traffic signals. A loop road is not depicted on the conceptuai PUD Master Plan and might not be expected given the conceptual master plan layout. However, that Master Plan does depict parking lot aisles and drives that connect to US-41 and Collier Boulevard. Policy 7,3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods 01' other developments regardless of land use type. The conceptual PUD Masler Plan allows for two (2) potential vehicular and pedestrian interconnects between the proposed Tamiami Crossings CPUD and Artesia Poinle PUD to the south of the project, but the interconnections themselves should be absolute and expected to be part of the SDPs/PPLs.) Policy 7.4 The County shall encourage new developments to provide wallmble communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types, Being a CPUD, there are no residential densities; however, the development standards and conditions are consistent with other similar types of commercial planned developments. AGENDA lTE..lV 1 ~. No. ~~ SEP) :':, ~~..".~5'~-Q>; EAC Meeting Page 6 of 12 CONCLUSION: Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the Future Land Use Element (FLUE). Conservation & Coastal Management Element: Objective 2.2 of thc Conscrvation and Coastal Managcmcnt Elcment of thc Growth Management Plan statcs "All canals, rivers, and flow ways discharging into estuaries shall meet all applicabie federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the spccific and cumulative impacts of stormwater runoff, stonnwater systcms should be designed in such a way that discharged watcr does not degrade receiving waters and an attempt is made to enhance the timing, qnantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas, a lake and a wetlands to provide water quality retention and peak flow attenuation during storm evcnts. Pursuant to Objective 2.4 and Policies 2.4.1, a copy of the Environmental Impact Statement will be provided to staff and the Rookery Bay National Estuarine Research Reserve for their review. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coaslal Managcment Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserves and be protectcd by a permanent conservation mechanism to prohibit further development. Selection of preserves, are consistcnt with the criteria listed in Policy 6.1.1. In accordance with Policies 6.1.1 (6) and 6.1.4, habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as dcfined by the Florida Exotic Pest Plant Council, as required by Policy 6.2.6. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7 and the LDC. AGE~EM ... No. &J SEP 0 L~ 2r.'.rn pg_5iJ:.f:F2 . EAC Meeting Page 7 of 12 The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2,3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are identified in the PUD document and are in accordance with the uses identified in Policy 6.2.5. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (ElS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Munu!?:ement: Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." Tamiami Crossings has applied for a SFWMD permit to construct and operate a stormwater management system. The application number is 070316-23, and it was applied for on 16 Mar 2007. It has undergone 5 Requests for Additional Information (RAI). This proposed water management system consists of interconnected inlets and detention basins. The first half inch of runoff is directed to dry detention areas for pretreatment. Excess runoff will be routed into wet detention areas. The water quality detention amollnl will be as per code. Final discharge will be through a control structure to a spreader swale along the property line and then to the US 41 roadside swale system. east to Henderson Creek. EAC Mcclillg N~GENft ITEM c__ cW SEP O. S ?[J[li! I~!,g bD i>f ( ---.~,:~~-- Page 8 of 12 The petitioner estimales the dry season water lable al 2.1 ft. NGVD. The on-site wetlands have been incorporated into the runoff treatment chain. Once runoffhas received pretreatment, it will be directed to the wetlands for storage. This should help maintain a reasonable hydroperiod in those wetlands. Environmental: Site Description: The project site is undeveloped 25.45 acre parcel forested with Pine Flalwoods, Cypress-Cabbage Palm and Hydric Pine Flatwoods. Also on site are approximately 1.92 acres of previously cleared land. The eastern most portion of the property was historically used for agricultural purposes (row crops). Wetlands: The project site contains approximately 13.68 acres of Collier County jurisdictional wetlands and approximately 11.77 acres of uplands. Wetlands were verified by SFWMD staff on May 11,2007. FoUl' wetlands occur on site and these are identified on the exhibits included in the EIS. Wetlands on site include Pine- Cypress-Cabbage Palm (FLUCFCS Code 624), Hydric Pine Flatwoods (FLUCFCS Code 625) and a Hydric Utility Easement (FLUCFCS Code 830H). The total percentage of proposed wetland impacts on site is 87 percent, fOl' a total 11.96 acres. Approximately 1.72 acres of wetlands will be preserved on the property. A UMAM analysis of the proposed impacts is included as an attachment in the EIS. Seasonal high water elevations and normal pool elevations within the wetlands on site were determined by locating water marks, moss collars and/or lichen lines on pine trees within the wetlands. Spot elevation at these locations, were 4.91, 4.96 and 4.95 feet NGVD. The approved and pennitted control elevation for the project to the south is 4.1 feet NGVD. In combination with the on-site biological indicators and control elevation of the adjacent property, the proposed control elevation for the project site is 4.1 feet NGVD. No improvements to the hydrology of the wetlands on site are proposed. Treated stOl'mwater will be allowed to enter the wetland portion of the preserve as described in this staff report and in the Surface and Ground Water Management section of the EIS. HAC Meeting AGE~EM ' No. W P 0 9 2008 'JJg..,~J'PJ:;Lt" Page 9 of 12 Pl'eservation ReQuirements: Approximately 23.53 acres of native vegetation occur on the project site. A portion of tbe cxisting native vegctation on site (0.87 acres) bas already becn accounted for in the adjacent Aliesa Pointe PUD and therefore is excluded from the native vegetation requirement calculations for the project site. In accordance with the requircments of the LDC and GMP, 15 percent (3.4 acres) of the native vegetation will bc retained on-site. The proposed on site preserve area includes 1.72 acres of Pine-Cypress-Cabbage Palm wetland and 1.77 acres of Pine Flatwoods upland habitat. The proposed preserve is located adjacent to two of the existing preserves within the Artesa Pointe PUD, to the south. Listed Species: A ,listed species survey was conducted by two environmental scientists from Boyland Environmental Consultants, Inc. on September 30, 2005 and October 27, 2005. FLUCFCS mapping had been conducted on the property prior to this survey. An updated species survey was also performed on Febmary 13, 20, 22 and 23, 2007. During the surveys, particular attention was placed on locating potential fox squirrel nests, red-cockaded woodpecker (RCW) cavity Irees, and bald eagle nests within the forested portions of Ihe property. Nearly 100 percent of the property that was considered potential gopher tortoise habitat was surveyed. A list of listed species which could potentially occur on site is included in the Protected Species Survey included in the EIS. No listed wildlife species were found on the property. Several listed plants were identified on site. These consisted of epiphytes including several species of air plant (Tillandsia spp.) and bntterfly orchid (Encyclia tampensis). Listed plants thai may be impacted because of exotic vegetation removal or development will be relocated into the preserve, where feasible. EAC Meeting N~GEN~,..,.~ ITEM. -~. . SEP 0 S 2008 . pg..!el:p+ tQ " - --~ Page 10 of 12 VII. RECOMMENDATIONS: Staff recommends approval of Commercial Planned Unit Development No. PUDZ-2006-AR-10875 "Tamiami Crossing CPUD" with the following conditions: Stormwater Manal!:ement: 1. The treatment system must be designed to treat the first inch and a half of !'lInoff from the site for water quality. This is as per the latest Collier County standards. Environmental: 1. Add the following sentence to Note #2 on the PUD master plan and on the Conceptual Water Management Plan. "A minimum of3.43 acres of native vegetation shall be retained or provided in accordance with the LDC." 2. Add an "EnvirolUnental" subsection to the "Development Commitments" section of tl1e PUD document and include the following condition in the subsection. "An analysis demonstrating that post development pollutant loading will be less than or equal to predevelopment loading in general accordance with the Harvey Harper methodology, shall be completed and submitted for review and approval prior to final site planJconstruction plan approval." EAC Meeting NAGENDA ..!IJ;M o. '3;; J St.p. n." S 2DO.i1 '_.Pll_ to!> ~-f- I~ --, F _-~"'---'- ----....,-..,,-=.-w._ ! Page II of 12 PREPARED BY: 7~ / ,~""k:J STAN CHRZANOW;'~ KI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT ~ p"'Sa. ))';, :7 LC) L () DATE _/~~ STEPHE. LENB RGER SENIOR ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT ;2/6;JwJ" DATE r j iJJ) ......-) ~'C7YJv.- - , ,\ /n...-- JOrnV-DA VID MOSS, AICP PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DAT;/k / ~(J EAC Meeting AGEiA ITEM J No. C l (i'~ ^'n['G v \) "./ t!)l!) pg_~L~tj ti.. Page 120f12 REVIEWED BY: \ C.....2 .,' .\, /)",.7 ___.... _,.,.. 11--.... /" ~.. -B,ARB-A,MS,-Bl::JRGE-S0N ::?J.sh (11 '''.J FRINCipAL ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT 2-k.og- DATE J:k!:~~ 0<-0'-08 W1LL1AM D. LORE ,Jr., .E., DIRECTOR, DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT .2(-:r-!tJ? DATE JEFF -. RI HT ASSIS NT COUNTY ATTORNEY OFFIC OF THE COLLIER COUNTY ATTORNEY APPROVED BY: ~ iCJ~5- EPH K. SCHMITT, ADM ISTRA TOR, ATE MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION N~GEND~"C'..E i"j" o b 7008 Vanas ij_ k~~ 10 Daylor Ill> Id-- .".."..,"'11 11. ~~Ut;iiiiiiu; <,.W .,~)'" ZONING TRAFFIC IMPACT STATEMENT TAMIAMI CROSSING July 20, 2006 - Revised March 29, 2007 Collier Boulevard (SR 951) & US 41 Collier County, Florida Prepared For: Kite Development 30 S. Meridian Street Indianapolis, IN 46204 Prepared By: Vanasse & Daylor, LLP lob # 60Gl".04 PUDZ-2006-AR-10875 REV: 2 Project: 2005060079 Date: 5/14/07 DUE: 6/11107 12730 New Britlany Boulevard, luile 600. fort Myers. florida m07 1 239.437.460i f 239.m.4636 w vanday.com N~GEN A IT 'M SEP. l 8 2 Oil:! pg1a.k_ c'f:~l ~ ~ STATEMENT OF CERTIFICATION 1 certify that this TRAFFIC ASSESSMENT has beefl prepared by me or (mder my Immediate superl'lsioll altd that I have experience alld trailliltg 111 the field of T/'Uffic ami Tl'allwortation Engineerlllg. Emest R. Sp/,{ldliltg P.E. Florida Registrat/on #61235 Vlwasse & Daylor, LLP 1.2730 New BrlttallY Boulevard, Suite 600 Fort Myers, Florida 33907 (.239) 437-4601 Co/iabol'otmw Reed K. Jarvi P.E. Jo"" T. Voges Swal'llp MUk"mjee T amlaml Crossing Statement of Certification N~GE~~ - SEP iJ r~ ;;11[1" I Pg ~ 1- -oJ- leI}- ~,..- 80874..04ZTIS_OI)2~Exhlbi\$.xls + Exhlblt1 Loe Map U541 N W()E S Not to Scale Cl\ 951 2S00' PM rrips on Extemal RoMVlar by TIPS e!1.fu!; Eottr ~2ili 6114 344 J40 EagleC(tltkDriv PrO\losedW'/lI-M~rt Manatee Road SR9S1 Vanasse - UlblnPtlU1Dt l"lfiltngl~rtIC I'/I;lI'llIUJI'Gl<; IIt"fl1U'> had~I9IArdlilt<Mf fnljH'llflltrlll1ltjl'l~ Kf(o Devefopment ramiaml Crossing CffiI["fiMtri~ Il)H 3(lS.MlJl/dJ~IlSml Daylar ~1I'fXllis.IN4f2IU I)UOI/III a.;1I~1kulmr4.\ulrllle Location Map 1~1 IflllIJe.., II mOl M,rcll2(1()l ,?)UJI.UOl fut,W,,"I~ Exhibit 1 t. ~ W T1Mt,~." NAGE~A iTE.w- o. eJ ~~ ~ 9 200B . !gJ~ (0 ". -=._=~ Table of Contents INTRODUCTION AND SUMMARY ...................,......................................................... ............................................. I INTRODUCTION ...........................,........................................................................................................... ............. I SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ...................................................1 PROPOSED DEVELOPMENT ....................................................................................................................................3 EXISTING AND PROPOSED LAND USE .............,....................................................,.........................................3 AREA CONDITIONS.......................................................................................................................................,,,......... 3 STUDY AREA .............................................................................................................................. ........................... 3 EXISTING GEOMETRIC CONDITIONS ............................................,.................................................................3 PLANNED ROADW A Y IMPROVEMENTS .........................................................................................................4 SITE-GENERATED TRIPS ......................,. ...............................................,................................................................. 5 TRIP GENERATION ................................................... ............................................................................................ 5 TRIP DISTRIBUTION AND ASSIGNMENT .................................................................................,......................5 SIGNIFICANCE TEST ANALYSES ...............................................................,............... ....................................... 6 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES..................................................................S ANALYSES ............................. ................................................................................................................................... 10 LINK LEVEL OF SERVICE ANALySES............................................................................................................ 10 SITE ACCESS ANALYSES ..............................................................................,................................................... 13 IMPROVEMENT ANALYSIS ........................................................................................ ........................................... IS List of Tables Table 1 PM Peak Net External Project Traffic Table 2 Peak Hour Project Traffic Distribution Table 3 Significance Test Analyses Table 4 Link specific Background Traffic Table 5 Background Traffic Projections Table 6 Growth Based on Collier County COnCUl1'Cncy Segments Table 7 Growth Based on Growth Rates Table 8 SYNCHRO Analysis List of Exhibits Exhibit 1 Location Map Exhibit 2 Trip Distribution Exhibit 3 PM Peak Hour Site-Generated Trip Assignments Exhibit 4 PM Peak Hour Pass-By Trip Exhibit 5 PM Peak Hour Net Site-Generated Trip Assignments Exhibit 6 PMPeak Hour Background Traffic Exhibit 7 PM Peak Hour Total Traffic Appendix Tamiaml CrossIng Page i Table of Contents AGENfit ITEM -- No. E ~ I ~ pgX{~}njIW INTRODUCTION AND SUMMARY INTRODUCTION This Traffic Impact Statement (TIS) coll/ains additional information in response to comments receivedfrom Collier County on December 27. 2006. Changes germane to the comments on this report are shown in italics. The project site is in the southeast quadrant of the Collier Boulevard (SR 951) & Tamiami Trail (US 41) intersection in Collier Counly (Sec Exhibit 1). The Project proposed land use will consist of approximalely 213,000 square fcet (sf) of Frec-Standing Discount Superstore, 10,000 sf General Office, 6,000 sf Qualily Restaurant and 6,000 sf High Turn Restaurant. Accesses will be via US 41, SR 951 and the adjacent Wal-Mart shopping cenlcr. SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS As shown in Tables 6 & 7, the link level of service analyses indicate that SR 951 from US 41 to Manatee Road and US 41 from Collier Boulevard to San Marco Road are projected to operate in excess of the performance standard maximum service flowrates (SF...,.,) under Background Traffic conditions. The only feasible mitigation strategy consists of widening SR 951 north of Manatee Road into a six-lane facility, and widening US 41 east of Collier Boulevard into a four- lane facility. SR 951 from US 41 to Manatee Road was analyzed as a six-lane facility under Total Traffic conditions. This roadway segment is projected to operate within SF"wx. US 41 from Collier Boulevard to Greenway Road is projected to operated in excess of SF..."x under Total Traffic conditions because ne widening was considered in this analysis. The following intersection improvements were identified as being needed in order to aecommodale projected total traffic: Collier Boulevard (SR 951) & Wal-Mart South Access: Tamiaml Crossing BOB74_ZTIS-003.doc N~GEtE?EMJ Pg ~~.~~lb! _ . Full-movement signalized intersection . BOO-foot southbound dual left turn lane . 450-foot northbound exclusive right turn lane . 300-foot westbound dual left turn lane. C01lierBoulevard (SR 951) & North Access: . Right In/Right Out unsignallzed Intersection . 400.foot northbound exclusive right turn lane . I OO-foot westbound right turn lane US 41 & West Access: . Right In/Right Out unsignalized inter'section . 400-foot eastbound right turn lane . 50-foot northbound exclusive right turn lane US 41 & East Access; . Furl~movement signal1zed intersection . 400.foot eastbound right turn lane . 575-foot westbound left turn lane . I 25-foot northbound exclusive left turn lane The developer proposes to pay the appropriate Collier County Road Impact Fees as building pelmits are issued for the proposed project. In addition, the developer is a member of the US 41 developer consortium which is working on a Development Contribution Agreement (DCA) to improve operation on US 41 East ofSR 951 and the SR 951/US 41 intersection. la-mIami CroSSifig 2 80874_ZTIS-003.doc AGENDA I . · J No. S.EP j Looe. _!,ll 1-: 1_ -of-- {O_ PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The projecl site is in the southeasl quadranl of the Collier Boulevard (SR 951) & Tamiami Trail (US 41) intersection in Collier County (See Exhibit I). The Project proposed land use will consist of approximately 213,000 square feet (sf) of Free,Standing Discount Superstore, 10,000 sf General Office, 6,000 sf Quality Restaurant and 6,000 sf High Turnover Reslaurant. Accesses will be via US 41, SR 951 and the adjacent Wal-Mart shopping center. AREA CONDITIONS The descriplion of the cxisting environment of thc site, the sUlTounding study area, and the committed improvements, provide a basis for Iho analysis of the site generated traffic impacts on Ihe proposed roadway system. STUDY AREA The stndy area contains the following intersections: . SR951 &US41; . SR 951 & Manatee Road; . 5R 951 & Championship Drive; . SR 951 & Mainsail Drive: and . US 41 & Triangle Boulevard Exhibit 1 shows the project location as related to the studied roadway system. EXISTING GEOMETRIC CONDITIONS Existing roadway geometrics were assumed. Collier Boulevard (SR 951/CR 951) Collier Boulevard (SR 951) in the study area is a north-south four-lane divided roadway. SR 951 is functionally classified as an arterial roadway under state jurisdiction south of US 41. CR 951 north of US 4] is a four-lane divided arterial roadway under county jurisdiction. The roadway Tamiami CrosiOing 3 80874_ZTIS-003.doc AGE~ ITEM No. ~ I pg~~~~f.l2i-- alignment is fairly level and tangent. The speed limit is posted al 45 miles per hoUl' (mph) north of Eagle Creek and 55 mph soulh of Eagle Creek. Tamiami Trail East (US 41) Tamiam! Trail East (US 41) in the study area is a IUral artcriall'Oadway under state jurisdiction. It is a six-lane divided roadway through the SR 951 intersection, and reduces to a two-lane undivided roadway east of SR 951. Alignment of the roadway is fairly level and tangent. In the sludy area, the limit speed of US 41 decreases from 60 10 50 mph. Therefore, the assumed posted speed limit is 50 mph. US 41 is signed as a north-south highway throughout the state of Florida. It has a northwest- southwest alignment through the study area. For purposes of discussion throughout this document, US 41 will be described as an east-west highway, with Miami orienled toward the east and Naples toward the west. The study area was determined to be US 41, east of SR-951 in the vicinity of the project. Manatee Road Manatee Road is a two-lane undivided collector street. It is under county jurisdiction, and has a posted speed limit of35 mph. PLANNED ROADWAY IMPROVEMENTS The only roadway improvements in the study area that are either planned or underway is the six- lane expansion of CR 951 from Davis Boulevard to US 4 I scheduled to stali in late 2006 learly 2007. There is a Development Contribution Agreement (DCA) to design and construct the widening of SR 951 approximately Yo mile south of US 41north through the intersection from four lanes to six lanes. This is scheduled to be completed in October 2006. In addition, the US 41 developer consortium is working with Collier Connty staff on a DCA that will address intersection improvements at US 41 & SR 951 as well as US 41 east ofSR 951. Tamiami Crossing 4 80874_ZTIS.OOJ.doc I NAGENOA 11-'-.'.. - o. to" I LPgJ;c~;r"~4 ---" SITE-GENERATED TRIPS TRIP GENERATION Site-generated trips were estimated using Trip Generation, Internal Captl1l'e and Pass-By software (TiPS) developed by FDOT (see Appendix A). This program incorporates trip generation rates and deduction procedures consistent with the Institute of Transpoliation Engineers (ITE) :TJilL.Generation Manu!!! (7lh Edition) and the ITE Trip Generalion Handbook (2nd Edition) in accordance with Collier County policy in effecl when the report was published and as agreed with Collier County staff. Table 1 shows Ihe summary of the net new external site-generated trip estimates. These trips include the reduction of pass-by trips. The TIPS software does not provide pass-by rates for Quality Restaurants and Free-standing Discount Stores. These values were manually inserted into the TIPS program as agreed between Collter COUltty staff and the analyst. The TIPS computations resulted in an overall 4% internal capture deduction lor the sile. TABLE I BUILPOUT SITE-GENERATED TRIP ESTIMATES TAMIAMI CROSSING NET NEW EXTERNAL SITE.GENERATED TRIP ESTIMATES (TIPS) PM Peak Imal W.er Nt 684 344 340 TRIP DISTRIBUTION AND ASSIGNMENT The site-generated lrip dislributions used in this study correspond to the originally approved Wal-Mart report prepared by Kimley-Horn dated June 2004. The distributions were applied to the site-generated traffic volumes to determine the site-generated vehicle trip assignments. The PM Peak Hour traffic was used because retail commercial land uses have higher volumes in the PM Peak Hour. The Peak Hour project traffic distribution is shown in Table 2. All trip distribution percentages add up to 100% except for the portion ol Collier Boulevard between US 41 and Rattlesnake Hammock Road due to numerous access points between these intersections that provide attenuation opportunities. Tamiaml Crossing 5 80874JTIS-003.doc N~:E~M - SEP I) G 2nw, -pgJ.j,"c~::LL () ~ - e '"- Exhibit 2 shows a graphical representation of the traffic distribution percenlages. Exhibit 3 shows the estimated AM Primary Traffic Assignments. Pass-By estimales are shown in Exhibit 4. PM Site-related Net Traffic Assignmenls are shown in Exhibit 5. TABLE 2 DISTRIBUTION l::lAt:lli W.l1 IQ DISTRIBUTION Collier Boulevard Rattlesnake Hammock Road US 41 US 41 Manatee Road Manatee Road Championship Drive Triangle Boulevard Collier Boulevard Collier Boulevard San Marco Drive 16% 13% 25% 30% 12% SR 951 T amiami Trail East SIGNIFICANCE TEST ANALYSES According to Collier County Land Development Code (LDC) Section 6.02.02 HM. Significance Test: Impact for the Impact lraffic analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to cr greater than 3% of the adopted LOS standard service volume; 2. For those roadway segments Immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS stendard service volume; or 3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS stendard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impaot Is not required to be analyzed further on any additional segments." In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the projecl will utilize 3 percent or more of the maximum peak hour selvice volume at the adopted level of service standard for the adjacent and next to adjacent link,S percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule, and the links were evaluated to determine whelher projected operation would be within Counly standards. The data Tamiaml Cros.slng 6 80874_ZTIS.003.doc NAGENDA ITEM t 0, ~C .SEP-......',....'..;"I." " ./ /.h..' (pg.3si." p_-t)~ . resources used for this analysis are shown in Appendix. Exhibit 6 shows the PM Peak Hour Projected Background Traffic as a result of using the pcrceptual proportion on each approach of turning movement tranic counts. Exhibit 7 shows the Buildout PM Peak Hour Total Traffic. The significance test analyses for Ihe adjacent roadway network (see Table 3) indicate that SR 951 from the north access to Fiddlers Creek Drive and US 41 from Triangle 10 Collier Boulevard and from West Access to Naples Reserve Boulevard are projected to have site-generated primary trips that arc greater than 3 percent of the AUJR Performance Standard Maximum Service Flowrate (SF",.x). SR 951 nOlth of US 41 and south of FiddJers Creek Drive and US 41 west of Triangle Boulevard and east of Naples Preserve Boulevard are nol projected 10 be significantly impacted. TABLE 3 PM PEAK HOUR SIGNIFICANCE TEST Site as STD Dir Site %of Link From In ~MAX Ii:ipA LOS Std Collier Blvd (CR95 i) Davis Blvd Rattlesnake Hammock Rd 3.270 NB 17 0.5% Collier Blvd (CR95I) Rattlesnake Hammock Rd Tamlaml Trail East (US 41) 3,330 NB 54 1,6% Collier Blvd (SR 951) Tamlami Trail East (US 41) Proiect Access 2,370 NB 139 5.9% Collier Blvd (SR 951) Project Access Wal Mart South Access 2.370 NB 65 2.7% Collier Blvd (SR 951) Wal Mart South Access Manatee Rd 2,370 NB 120 5.1% Collier Blvd (SR 951) Manatee Rd Fiddlers Creek Pkwy 2,590 NB 86 3.3% Collier Blvd (SR 951) Fiddlers Creek Pkwy Mainsail DrIve 2,590 NB 69 2.7% Collier Blvd (SR 951) Mainsail Drive isle of Capri Blvd 2,590 NB 51 2.0% Collier Blvd (SR 9S I) MaInsail Drive Capri Blvd (CR 952) 2.S90 NB J4 1.3% Collier Blvd (SR 951) Capri Blvd (CR 9S2) Marco Island 2.S90 NB 34 1.3% Tamlaml Trail East (US 41) Rattlesnake Hammock Rd Broward Street 3.S00 EB 41 1.2% Tamlaml Trail East (US 41) Broward Street Barefoot Williams Rd 3.S00 EB 58 1.7% Tamiaml Trail East (US 41) Barefoot Williams Rd Triangle Blvd 3.500 EB 76 2.2% Tamlami Trail East (US 41) Triangle Blvd Collier Blvd (SR 9 S I) 3,200 EB 103 3..2% T amlaml Trail East (US 41 ) Collier Blvd (SR 95 I) Prolect Access 1,07S EB 114 10,6% Tamiami Trail East (US 41) Project Access Naples Reserve Blvd 1.075 EB 41 3.8% Tamlaml Trail East (US 41) Naples Reserve Blvd Greenway Rd 1.075 EB 25 2.3% Tamlam! Crossing 7 80B74_ZTIS-003.doc N~GEN ITEM- Sf;p 8 7nn~ J' _Pg_~ b:f'io --.""".~.._.,.._. .-- _..i' Link LOS analyses will be conducted on the significantly impacted links. The intersections to be given further analyses include US 41 & SR 951, US 41 & Triangle Boulevard, US 41 & Naples Reserve Boulevard, SR 951 & Manatee Road, SR 951 & Fiddlers Creek Parkway, SR 951 & Mainsail Drive and all proposed site accesses. PROJECTED BACI(GROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were devcloped using multiple sources. Specific Link volume data for SR 951, US 41 and CR 951 were provided by the Collier County Transportation Department. In order to calculate the Background traffic volumes, the projecting volumes based on recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see Appendix-Concunency Segment Tables dated June 30, 2006). This is the methodology that is cUl1'ently in use by Collier County for tracking the availability of reselve capacity on specific roadway links as palt of their concurrency management efforts. Table 4 presents the link-specific background Iraffic data used in the Link Level of Service analyses discussed elsewhere. TABLE 4 BACKGROUNO TRAFFIC GROWTH PROJECTIONS. (CONCURRENCY SEGMENT TABLE) ConcSegments 06.30.2006 III DPK FROM TO CAPA.W LOS TRIP REM NAME Z HR TOTVOL CITY :I STD VOL BANK CAP Collier Blvd Davis BI...d Rattlesnake Hammock Rd 3.270 6 E 1,850 555 2,405 865 Collier Blvd Rattlesnake Hammock Rd U541 3,330 6 E 1,730 795 2,525 805 5R951 U541 Manatee Rd 2.370 4 D 1,850 352 2,202 168 SR 951 Manatee Rd Mainsail Dr 2,590 4 D 1,510 286 1,796 794 Tamlami Trail East Rattlesnake Hammock Rd T dangle Blvd 3,500 6 E 1,820 453 2,273 1.227 Tamlaml Trail East Triangle Blvd Collier Blvd 3,200 6 E 1,470 591 2,061 1.139 Tamlil.mi Trail East Colliel' Blvd San Mateo 0,' 1.075 2 C 640 613 1,253 .178 Note: Tile capacity far tlte segment of SR 95 I from US 4/to Manatee Rd Is shown as 2,370 Instead of 1,970 due to a devefopme1lf agreement to widell tltis segment [rom 4 10 6 lanes Gnd is shown in Collier County's AUlR, Tamlami Crossing 8 80874_ZTlS.00l.doc AGENu!1 iTEiIi~1" No. ~~ . SEP (1:: ;;nn"' 1 pg:L"t rf::J ..~. ,.~-.-.".,._ ~._.. ._~_~._r Growth projections were computed using the 2005 Average Daily Traffic Counts, Collier County. Table 5 contains the projected background traffic. The projccted background traffic volumes from the directional peak hour volume were assigned to Ihe roadway links. Background Traffic volumes were derived from turning movement and directional connts extracted from the Wal-Mat.t report and/or collected by FTE. TABLE 5 BACKGROUND TRAFFIC GROWTH PROJECTIONS. FIVE YEAR (2011) DPK Growth HR TOTVOL NAME FROM TO 2001 2004 2005 2011 Rate VOL. 2005 Collier Blvd Oavh Blvd Rattlesnake Hammock Rd 26.583 34,013 6.4% 1,850 2.678 Collier Blvd Rattlesnal<e Hammock Rd US41 21.077 23,061 2.3% 1,730 1.980 SR951 US41 Manatee Rd 33.412 35.S56 1.1% 1.850 1,094 SR 9S 1 Manatee Rd Mainsail Dr 33.421 35,556 2.1% 1,510 1.709 Tamiami Trail East Rattlesnake Hammock Rd Triangle Blvd 36,311 40.948 3.0% 1.810 1.179 TamlamJ Trail EastTrlangle Blvd Collier Blvd 16,082 27,758 1.1% 1,470 1.66S Tamlami TraIl East Collier Blvd San Marco Dr 12.551 15.010 4.6% 640 837 The roadway capacities were derived from the Concun'ency Segment Table, AUIR tables or from the FDOT QLOS table if a link was not on the ConcUl1'ency Segment Table. Copies of Ihese data are in Appendix of this report. The inlersection tU1'l1ing movement data were used to distribute the approach link volumes and to determine the dominant direction of travel as directed by the Collier County Transportation Planning Direc/or. According to Ihese data, the dominant direction on SR 951 is northbound in the PM peak. Exhibit 6 shows the proj ected PM Peak Hour Background Traffic that will be used for the intersection capacity analyses described elsewhere in this repolt. Note that, in addition to the primary site-generated trips, pass-by trips were also subtracted from the through traffic stream and assigned to the turning movements entering and exiting Ihe site. The primary sile-generated trips were added to the Projectcd Background traffic volumes to estimate the Buildout Year Tolal Traffic projections (See Exhibit 7). These projected turning movement volumes were used in the Intersection Capacity and Turn Lane analyses. Tamlaml Crossing 9 808743.TIS.Q03.doc AGE~~i\T No. t, J SEP 0 S lori'i Pg~ ~jQ, ANAL YSES LINK LEVEL OF SERVICE ANALYSES The Performance Standard maximum Service Flowratcs (SF",,,,,) for SR 951 were provided by Collier County Transportalion Planning Departmenl along with the Concurrency Segment and AUIR data. Tables 4 and 5 present the background traffic data and the projected Peak Hour Link Volumes, based on volumes from the current ConculTency Segment Table and growth rate methodology respectively. Tables 6 and 7 present the LOS analyses using the cun'ent Concurrency Segment Table and growth rate methodologies. The link level of services analyses using the Concurrency Segment Table projected Background Traffic volumes indicate that background traffic volumes on US 41 from Collier Boulevard to San Marco Road are projected to exceed the SF",,," for those links. The same segments are projected to be within the SF",,,, using 5-year hislorieal projections. The only feasible mitigation strategy consists of the widening of US 41 east of Collier Boulevard to four- lane facility. SR 951 from US 41 to the south Wal-Mart access was analyzed with total traffic in the six lane condition per DCA. This roadway segment is projected to operate within SF",,,,,. Since no widening is planed for US 41 from Collier Boulevard to Greenway Road before project buildout, this link is projected to oonlinue operating below SF",,,., under Total Traffic conditions. TABLE 6 PM PEAK HOUR LOS LINK ANALYSIS Based on ConcSegments 06.30.2006 f.l];g<L ~ I2loL STD 'ii1L 'ii1L 1ink E.i:om II> ImIIk IriIIA ImIIk >E_ M :it<L Collier Blvd (SR 95 I) Tamiami Tran East (US 41) Project Acc.ess 2.202 139 2.341 2,370 Y Y Collier Blvd (SR <JS I) Project Access Eagle Creek Dr 2,202 139 2.341 2,370 Y Y Collier Blvd (5R 951) Eagle CrCQk Dr Manatee Rd 2.202 65 2.267 2,370 Y Y Colli~r Blvd (S~ 951) ManateeRd Fiddll!rs Creck Pkw)' 1,796 11.0 1,916 2~90 Y Y Tamlami Trail East (US 41) Tl'langle Blvd Collfer Blvd (Sf\ 9S I) 2.061 103 2.164 3,1.00 Y Y Tamlami Trail E3St (US 41) Collier Blvd (SR 951) Project Access 1.1.53 114 1,361 1.075 N N Tamlami Trail East (US 41) Project Accen Naples Reserve Blvd 1.253 41 1,294 1,075 N N Tamlami Trail East (US 41) Naples Reserve Blvd Greenway Rd 1.253 25 1.278 1,075 N N Tamiami Crossing 10 80874_ZTIS.003.doc I AGE~1 EM . No. ._ . St-.'.V....) 'J. '.I.i.l.n'.! I iYY~.7j.~J I~i- '.=-....__n~_._r TABLE 7 2011 PM PEAl<. HOUR LOS L1NI<. ANALYSIS Based on Growth Rate ~<L ~ ISiJJ!l l,TD WII WII pok Er2m il IWlk llJRI lliflk $EhUX SJs1.. >i<i Collier Blvd (SR 95 I) TamlamiTraU East (US 41) PI'OjcctAcCeS5 2,094 139 2,233 2,370 Y Y Collier Blvd (SR 95 I) Pl'ojectAccess Eagle Creek Dr 2,094 139 2.233 2.370 Y Y Collier Blyd (SR 95 I) Eagle Creek Dr MafiateeM 2,094 65 2.\59 2,370 Y Y Colliel' Blvd (SR 95 I) Manatee Rd FIddlers Creek Pkwy 1,709 120 1,829 2,590 Y Y Tamlaml Trail East (US 4-1) Triaogle Blvd Collier Blvd (SR 9S I) 1,665 103 1.768 3.200 Y Y Tamlami Trail East (US 4-1) Collier Blvd (SR 951) PreJactAccess 837 114 951 1.075 Y y T~mlami Tl'all East (US 41) PI'olect Access Naples Reserve Blvd 837 41 87. 1,075 Y Y Tamiaml Tran East (US 41) Naples Res.erve Blvd Greenway Rd 837 25 862 1,075 Y Y INTERSECTION CAPACITY ANALYSES Intersection capacity analyses were performed for the studicd interseclions using SYNCHRO'" 6.0 capacity analysis software. Signal timings and approach speeds consistent with Collier County standards were used. Analyses were completed for PM Peak Hour, both with and without the project. Table 8 summarizes the analytical results and Appendix contains printouts ofthe analyses. The existing unsignalized side street approaches on SR 951 & Eagle Creek Drive inlcrsection is projected to exhibit high computed delays. This is not unexpected, given the projected traffic volumes on SR 951 traversing the interseclion. The only feasible miligalive measure would require signalizing the intersection, Tamiami Crossing II 80874_ZTIS.003.doc ,AGEiAlTEM t ' 0.. E ' Pg s>[ ~ o. ~ ~}f!'16 7l--- TABLE 8 Total Traffic (6 Background Tramc Total Traffic Lane Divided on SR 951/CR 9S I) Intersection Delay LOS Delay LOS Delay LOS sedV'ch. sedveh. ~eclveh. Collier Boulevard (CR 951) & C+ 29.7 C 33.2 D 35.7 Tamlaml T...il East (US 41) Collier Boulevard (5R 951) & F#* 99.7 D#* 26.2 N/A North Access Collier Boulevard (SR 951) & D* D* A#* nla 27.8 33.9 Eagle Creek Drive Collier Boulevard (SR 951) & 37 24.6 C 21 D C+ Wal~Mart (South Access) Collier Boulevard (SR 951) & C 22.5 C 26.6 c+ 26.6 Manatee Road Collier Boulevard (SR 951) & 73.6 E 73.6 E 64.5 E Fiddlers Creek Parkway Tamiami Trail East (US 41) & D 35.3 D 38.2 D+ 38.2 T"langle Boulevard T amlami. T rali East (US 41) & C* C* 16.2 N/A 16.2 West Access Tamiaml T...II East (US 41) & F* E* 21.3 198.7 B 14.9 East Acce" * Denotes unsignali:z:ed inuml!!.ction. + Six Lane Divided # Denotes: right In/rIght out The totallraffic conditions analytical results included six-Ianing on SR 951 from US 41 to the Wal-Mart South Access. This widening would increase not only the road capacity from 1,970 to 2,370 vph, but would also improve the intersection capacity, thereby reducing the congestion and delay. Closer examination of the intersection capacity analyses found that the northbound left-Iurning traffic volumes at the US 41 & East Access intersection were projected to exhibit poor service levels (LOS F) under total traffic conditions. This is typical for unsignalized side-slreet STOP- controlled intersections having relatively high main street through volumes and side-slreet left turning volumes. Tamiami Crossing 12 a0874_ZTI5.003.doc AGEN~ ITEM No. L SEP () S 2\108 .J:1l.:. ~,L,: ~_'.~ levels (LOS F) under total traffic conditions. This is typical for unsignalizcd sidc-street STOP- controlled intersections having relatively high mRin street through volumes and sidc-slreet left turning volumes. Under total traffic condition westbound left turning traffic volume is high cnough (129 vph during PM) to warrant a westbound exclusive left turn lane on US 41. The northbound left turning traffic volume is also high (75 vph during PM) on the Easl Access. Signalizing this intersection, should it meel applicable warrants, is recommended. Signalization could decrease the computed delays at this intersection to allow operational efficiency to increase from LOS F to LOS B (14 scc/vch) for the PM peak hour. SITE ACCESS ANALYSES Site Access analyses were completed utilizing SYNCHRO@ software and applied to Build-out year total traffic. The appendix contains the SYNCHRO@ computer printouts. The purpose of' these analyses is to evaluate the operational characleristics and needs of the site accesses, and to recommend access point locations. It was recognized during Ihe study process the need for, and length of needed turn lanes and how those lengths would inleract with neighboring intersections and improvements and their affect on recommended intersection configurations. Four parameters were used in order to reach the recommcndations: current land uses in the area, traffic volumes, the capacity analysis rcsults, and the t1ll11 lanc length of need analysis results. According to the Collier County Right-of Way Ordinance #2003-37, left and right tum lanes must be provided at accesses on multilane highways. The FDOT Standard Index 301 and Figurc 3-15 of the Manual of Uniform Minimum Standards were used for conceptual geomettic design (see Appendix). FDOT uses the roadway posted speed as the turn lane entry speed. According to FDOT Index 301, Ihe deceleration lane length for a 45 mph posted speed is 350 feet, which is consistent with a 55 mph design speed. The FDOT Manual on Uniform Minimum Standards recommends a 50- fool minimum storage length for left lurn lanes. The tuIU lanes on Collier Boulevard (SR 951) north of' Eagle Creek and on US 41 should therefore be furnished with 350-foot deceleration TarYllami Crossing 13 80874_ZTIS-003.doc AGENDA ITEM No. ~~ t SEP 0;; 2POR g'~ 'l> -f- { Pg_---"". ...,,-.-_ lanes in addition to the applicable storage lanes. Deceleration lane lengths of need on SR 951 south of Eagle Creek shonld be 460 feel long. Long left turn lanes should be used cautiously because of the potential to increase left-turn and rear-cnd conflicts. Every vehicle which joins the qneue is exposed to a higher rear-end conflict than in a through lane because long left turn lanes encourage high approach speeds impacting of intersection safely. According to the Plans Preparation Manllal (PPM), "computer programs, such as TRANSYT- 7F, are used to develop signal phasing and timing. One of the outputs of these programs is the queue length. For projects where traffic signal timing is included as a patt of the project, the output of these programs should be considered in determining storage length." SYNCHRO'" was used to analyze the operational characteristics of the signalized intersection. The PPM does not specify SYNCHRO@ because that program was not in general use when this PPM note was written; however, it has since been accepted by FDOT for operational and coordinated timing analyses. Since this program generally computes queue lengths that are consistent with those resulting from current Highway Capacity Manual procedures, its queue slorage output computations should be considered during the storage length determination process. SR 951 & Wal-Mart (South Access) Access Point Location The access should be located on Collier Boulevard (SR 951), approximately 2,500 feet south of Collier Boulevard (CR 951) & US 41 intersection cenlerline. Southbound Left Turn Analysis This projecl is estimated to generate 148 southbound left turning movements during the PM peak hour. The total southbound left turn movements are 520 vph. Based on this information, a dual southbound left tum lane will be warranted at the Collier Boulevard (SR 951) and Wal-Mart (South Access) intersection. The computed 95'h-percentile queue length was 277 feet. If the PPM queue computalion was used, the turn lane of need would be 433 feet long. This dual tum lane should be 800 feet long (450 foot storage + 350 fool deceleration lane with taper). Sufficient Tamiami Cross.lng 14 808743TIS.003.doc AGENt ITEM t No. E- SE-P ,\ '-' "/['f," .' "v.' ),J , I pgjj uj',j (:) -..,..-,......"...-_.- -.-,,~~..-.~--~ longitudinal space should be available for the southbound left turn lane in order to avoid restricted length. Northbound !lJght Turn Analysis This project is eSlimated to generate 0 northbound righllurning movements during the PM peak hour. The total northbound right turn movements are 348 vph. Based on this information, a northbound right turn lane will be warranted at the Collier Boulevard (SR 951) & Eagle Creek Drive Access. The computed 95th.pereenlile queue length was 90 feel. If the PPM queue computation was used, the turn lane of need would be 580 feet long. Consideration of allowing storage reduction is merited because right tumlanes are generally made more efficiently than left turn lanes. A northbound righl tum lane is therefore warranted at the Collier Boulevard (SR 951) and Wal- Mart South Access intersection. This proposed righl turn lane should be 450 feet long (100 foot storage + 350 foot deceleration lane with 50-foot taper). Sufficient longitudinal space is available for the nortllbound right lu!'l1 lane. Access Drive Lane Configuration Analysis (Westbound Approach) This project is estimated to generate 198 westbound left turning movements during the PM peak hour. Thc total westbound left lum movements are 525 vph. The computed 95th-percentile queue length was 284 feet. The westbound access lane configuration consists of an exclusive dual westbonnd left turn lane, exclusive right turn lane. At least 300 feet of storage should be provided before Ihe first side street access opening, in ordcr to avoid queue blockage. SR 95\ & North Access ~:&.Point Location The access should be located on Collier Boulevard (SR 951), approximately 910 feet south of Collier Boulevard (CR 951) & US 41 intersection cenlerline. The north access is proposed to be an unsignalized Right In/Right Out (Rl/RO) access. Tamlami Crossing IS 80874_ZTIS-003.doc AGE~AL;:ft~- No, _ sg . G 20UD Pg ?~ Northbound Rjght Turn An!!'!y'sis This project is estimated to generate 108 northbound right tuming movements during the PM peak hour. Based on this information, a northbound right turn lane will be warranted at the Collier Boulevard (SR 951) & North Access. The computed 95th-percentile queue length was 0 foot. If the PPM queue computation was used, the turn lane of need would be 180 feet long. Consideration of allowing storage reduction is merited because right turn lanes are generally made more efficiently than left turn Janes. A northbound right turn lane is Iherefore warranted at SR 951 and NOlth Access. This turn lane should be 400 feet long (50 foot storage + 350 foot deceleration lane with taper). Sufficient longiludinal space is available for the nOlthbound right turn lane. Access Drive Lane Configuration Analysis (Westbound Approach) This project is estimated to generate 182 westbound right turning movements during the PM peak hour. The computed 95th-percentile queue length was 78 feet. The westbound access Jane configuration consists of an exclusive righl turn lane. At least 100 feet of storage should be provided before the first side street access opening, in order to prevent queue blockage. US 41 & West Access Access Point Location The access should be located on US 41 approximately 1,480 feet east of Collier Bonlevard (SR 951) & US 41 intersection centerline. The west access is proposed to be an unsignalized Righi In/Right Out (RI/RO) access. Eastbound Right Turn Analysis This project is eSlimated to generate 139 eastbound right tuming movements during the PM peak hour. This exceeds the 40 vph threshold value. Based on this infonnation, a nOlthbound right turn lane will be watTanted at the US 41 & Wesl Access. The computed 95th-percentile queue lenglh was 0 fool. If the PPM queue computation was used, the tum lane of need would be 232 feet long. Consideration of allowing storage reduction is merited because right Illrn lanes are getlerally made more efficiently than left tllm lanes. Tamlaml Crossing 16 80874..,ZllS.003.doc ! NO~-E~'~'~' '20;:: 1 Pgj5to c+ I b - ~ -'--~--- "" An eastbound right tUI'll lane is therefore warranted al US 41 and West Access. This turn lanc should be 400 feet long (50 foot storage + 350 foot deceleration lane with taper). Access Drive Lane Configuration Analysis (Nol-thbound Approach) This project i~ estimated to generate 53 nOlthbound right turning movemenls during the PM peak hour. The computed 95'h_percenlile queue length was \3 feet. The norlhbound access lane configuration consists of an exclusive right turn lane. AI least 50 feet of storage should be provided before the first side street access opening, in order to prevent queue blockage. US 41 & East Access Access Point Location The access should be iocated on US 41 approximately 3,310 feet easl of Collier Boulevard (SR 951) & US 41 intersection centerline. The cast access is proposed to be a signalized full- movement access intersection. Westbound Left Turn Analysis This project is estimated to generale 86 westbound left turning movements during the PM peak hour. The lotal westbound left turn movements are 129 vph. Based on this information, a westbound left turn lane win be warranted at Ihe US 41 & East Access. The computed 95'1._ percentile queue length was 160 feet. The PPM formula results in 215.foot queue length compulation. This turn lane should be 575 feel long (225 foot slorage + 350 foot deceleration lane with taper). Sufficient longitudinal space should be available for the westbound left turn lane in order not to affect the bridge at Henderson Crcek. Eastbound Right Turn Analvsis This project is estimated to generale 12 eastbound right turning movements during the PM peak hour. The total eastbound right turn movements are 32 vph. Based 011 this information, an eastbound right turn lanc will be warranted at the US 41 & East Access. The computed 951h. percentile queue length was 15 feet. If the PPM queue computation was used, the turn lane of need would be 53 feel long. Consideration of allowing storage reduction is merited because right lurn lanes are generally made more efficiently than left turn lanes. Tamiaml Crossing 17 BOB74_ZTIS-003.doc NAGEI'{RA ITEM o. .~ ~ SEP 0 v 20iJil P9_6-J .,j--IQ An eastbound right turn lane is therefore warranted at the US 41 and West Access intel'seclio/!. This turn lanc should be 400 feet long (50 foot storage -I- 350 foot deceleration lane with taper). I AGI=N.d). IT"''' Access Drive Lane Confj~uration Analysis (Northbound Approach) This project is estimated to generate 62 northbound left turning movements dnring the PM peak houl'. The computed 95th-percentile queue length was 10S feet. The northbound access lane configuration consists of exclusive northbound left and right turn lanes, At least 125 feet of storage should be provided before the first side street access opening, in order to prevent queue blockage. PRELIMINARY TRAFFIC SIGNAL WARRANT ANALYSES Preliminary traffic signal warrant analyses were conducted on the US 41 & East Access intersection. Warrant 3 (Peak Hour Volume) of the Manual on Uniform Traffic Control Devices (MUTeD) was used for this evaluation. The preliminary warrant analyses suggest that the intersection may meet traffic signal warrants during the PM peak hour. Comprehensive projected traffic signal wan'ant analyses should be performed at the SDP stage. IMPROVEMENT ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive nall'ative. As shown in Table 5, the link level of service analyses indicate that US 4 J from Collier Boulevard (SR 951) to San Marco Road is projected to operate in excess of the perfonnance standard maximum service f10wrates (SF",",) under Background Traffic conditions. The only feasible mitigation stl'ategy consists of widening US 41 east of Collier Boulevard (SR 951) to a four lane facility. SR 951 from US 41 to the Wa1-Mart South Access intersection was analyzed as a six-lane facility under Total Traffic conditions. This roadway segment is projected to operate within SF",.x as a six-lane facility. US 41 from Collier Boulevard (CR 951) to Greenway Road is projected to operate in exeess of SF","x under background and total traffic conditions, because no widening was considered in this analystS. Tamlami Crossing 18 aOB74_ZTIS,003.doc N~GENt1~ SEP I) c; 7~qo. 4 ' '-' '- !!l.' . P }38 "f- to li~- _.~.... ~ -~~~ ^.,_.,,~~--. ..-"~.' The following intersection improvemcnts were identified as being needed in order to accommodate projected total traffic: eollier Boulevard (SR 951) & Wal-Mart South Access: . Full-movement signalized intersection . BOO-foot southbound dual left turn lane . 450-foot northbound exclusive right turn lane . 300-foot westbound dual left turn lane. Collier Boulevard (SR 951) & North Access: . Right In/Right Out unsignalized intersection . 400-foot northbound exclusive right turn lane . I OO-foot westbound right turn lane US 41 & West Access: . Right In/Right Out unsignalized intersection . 400-foot eastbound right turn lane . 50-foot northbound exclusive right turn lane US 41 & East Access: . Full-movement signalized intersection . 400-foot eastbound right turn lane . 57S-foot westbound left turn lane . 125.foot northbound exclusive left turn lane The developer proposes to pay the appropriate Collier County Road Impact Fees as building permits are issued for the proposed project. Tamiaml Crossing 19 80874.ZTIS.003.doc ORDINANCE NO. 08-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, f'LORIDA, AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONJNG 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 DESCRIEED REAL PROPERTY FROM A (AGRICULTURAL), C,2 (COMMERCIAL CONVENIENCE), C-4 (GENERAL COMMERCIAL) ZONING DISTRICTS AND ARTESA POINTE PUD TO A COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" KNOWN AS THE TAMIAMI CROSSING CPUD LOCATED, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.45;t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, KRG 951 and 41. LLC, represented by Wayne Arnold, of Q. Grady Minor & Associates, 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 3, Township 51 South, Range 26 East, Collier County, Florida. is changed from the A (Agricultural), C-2 (Commercial Convenience) and C-4 (General Commercial) and Artesa Painte pun Zoning Districts to a Commercial Planned Unit Development (CPUD) ZOlling District for a project to be known as the Tamiami Crossing Commercial Planned Unit Development (CPUD) in accordance with Exhibits A through G, attached 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 Florida Department of State. Page 1 of2 AGE~~EM No SEf,; ,,200H I ~-D-~1~1- ==--=~-" PASSED AND DULY ADOPTED by super-majority vote of the Board of Counly Commissioners of Collier County, Florida. this ___ day of ,2008. A TIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: By: TOM HENNING, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: " Matjorie M. Student-Stirling As!\istant Connty Attorney Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviation from LDC Exhibit F - List of Developer Commitments Exhibit G - Landscape Buffer Page 20f2 AGEND~ 1;rEM No. .'L SEP i) \) {nOr 'Pgq~ o*- (0 NAGENDA? .,.-. o. g J SE.t'...U......!~ . "1..'.r.1r....i pg~~+jb ~,~-------"< EXIITBIT A FOR TAMIAMI CROSSING CrUD PERMITTED USES 1. PERMITTED USES The 25.45"= acre commercial project shall not be developed with more than a maximlUll of 235,000 square feet of commercial floor area. 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: A, Principal Uses: 1. Amusement and recreation services: Groups 7911 and 7991, 2, Apparel and accessory stores: Groups 5611 - 5699. 3. Attorney Offices and Legal Services: Group 8111. 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 (gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores, and excluding truck stops - retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 (motorcycle dealers), 5, Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or less). 6, Boat Dealers: Group 5551. 7. Bowling Center: Group 7933 8. Building Materials: Gronps 5211-5231 9. Business Services: Groups 7311, 7313, 7322 -7338, 7361,7371 -7384, 10, Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places: Group 5812.. 13, Educational Services: Groups 8211 - 8249 and 8299 (no exterior instruction of motorized equipment). postCCPC d,artPUD (4) ~ Pagelof12 AR-I0875 I KlTE951PLN 14. Food Stores: Groups 5411, 5421,5431 (except roadside sales) NAGE~ ITEM - o. ~L ::;~EP. (, '.....'JIi.rjC ',~ '-, i ,..' ,.) _ ~~~?!. gd~+ 'r ~~-.- ,-~-",-,;'-...r~~~. 15. Garden Supply: Group 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099, 19. Professional Offices: Groups 6712 - 6799. 20, Home Furniture, Fwnishings and Equipment Stores: Groups 5712 - 5736, 21. Hotels and Motels: Group 7011. 22. Insurance Agencies, Brokers and Carriers: Groups 6311 - 6399 and 6411, 23. Management Services: Groups 8711 - 8748. 24, Membership Organizations: Groups 8611, 8621, 8641 and 8661. 25, Miscellaneous Repair Services: Groups 7622 - 7631, 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and 1allildry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111- 9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531- 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 - 6289. 33. Social Services: Groups 8322 (only adult day care centers, counseling centers, and senior citizens associations), and 8351. 34. Travel Agencies: Group 4724. pOSlCCPCd"ftPUD(4) I11m~p- Page 2 of12 AR-10875 I KlrE951PLN AGENDA ITEMU. No 8- . €:. nly a vJAJiliJ[iJf! pg_~~~f:JL 35. Veterinarian's Office: Group 0742 (for household pets overnight boarding or outdoor kelmels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals, B. Accessory Uses/Structnres: Accessory uses and structm'es customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places, 3. Caretaker's residence, 4, Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside sales), n. PROHIBITED USES The following uses shall be prohibited: Tattooing establishments (Group 7299). m. PRESERVE TRACT USES No building or structure or p3lt thereof, shall be erected altered or used, or land used in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses; 1, Boardwalks, nature trails and shelters. 2. Any other conservation and related open space activity or use that is comparable in nature with the forego.ing uses and which the Board of Zoning Appeals, or designee, determines to be compatible in the Preserve Tracts. postCCPCdran PUD (4) 'l'tI'lY\D~ Page 3 of 12 AR.IOS75 I KJTE95tPLN N~GEND~~- SEP .L!.' 1[.lf'" I . c. i'1. pg~~ ,+ 'ID1l- .~~- ,.....-...---'---.--..-=::.~~ EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD, Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval ofthe site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sa. Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) . . From Tamiarni Trail (U.S. 41) Not less than 25 feet. SPS From Collier Blvd. Not less than 25 feet. SPS From Pasedo Dr 25 Ft. SPS From Artesa Pointe CPUD Boundary 15 Ft. SPS From Western Proiect Boundarv 25 Ft. SPS From Eastern Pro; ect Boundarv 25 Ft. SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10Ft. SPS Rear 15 Ft. SPS Side 10Ft. SPS Preserve 25 Ft. SPS MIN. DISTANCE BETWEEN 10 Ft. or th the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT Retail Bui1dings*** Zoned 35Ft. 25 Ft. Actual 40 Ft. Office Buildings Zoned 35Ft. 25 Ft. Actual 40 Ft. MINIMUM FLOOR AREA 1,000 Sa. Ft. ** N/A MAX. GROSS LEASABLE AREA 235,000 Sq, Ft. N/A SPS = same as principal structure * whichever is greater ** Per subdivided lot, excluding parking areas under buildings ***See Exhibit F Section 2.G,2 for further height restrictions on the large fonnat retailer building, post cepe d",ft PUD (4) '7i\?'np,>- Page 1\ of 12 AR-IO&75/IUTE9"51PLN 0: o " " o >-Ii \3z ~~ "" "'5 ",0 -", 0" ~l!! llig ~~ Zo. 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'2 w ~ i6 ~ ~ ffi Gj ~ o ; ~ > . e 8@@@ EXHIBIT D FOR TAl\flAMI CROSSING CPUD NAGENDA ITEM oSEP~ ~ 2iJfJ3 p 9~ c-\- rD LEGAL DESCRIPTION The subject property being 25.45:1:: acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEJNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGJN AT THE NORTHEAST COlUffiR OF TRACT "0.S.-3" OF TRAIL RIDGE, ACCORDJNG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 7I THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE OF SAID TRACT "0.S.-3", FOR A DISTANCE OF 683.32 FEET TO THE NORTHEAST COlUffiR OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORJI:iA; THENCE RUN SOUTH 00004'03" WEST, ALONG THE EAST LINE OF SAID LANDS, FOR A DISTANCE OF 200.05 FEET TO A POINT ON THE NORTH LINE OF TRACT t'C" OF SAID TRAIL RIDGE; THENCE RUN NORTH 89055'57" WEST, ALONG SAID NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT "C"; THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTBRL Y LINE OF SAID TRACT "dt, FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90000'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD #951 (RIGHT-OF-WAY VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04012'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 640,85 FEET; THENCE RUN SOUTH 89042'14" EAST FOR A DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15042'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35039'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT~ OF-WAY); THENCE RUN SOUTH 54020t16" EAST, ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44" WEST FOR A DISTANCE OF 400,00 FEET TO A POJNT ON THE NORTHERLY LINE OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAlNING 25.451 ACRES, MORE OR LESS, post CCPc dean PUD (4) 1'>\"" 1"(1- Page7of12 AR-I0875 / KITE951PLN EXHIBIT E FOR TAMIAMI CROSSING CPUD NAGENDA IT!;M 0, 3-E: Pg S~~ c.l:;~ -,. DEVIATIONS A, Landscape buffer(s), The developer requests a deviation from Subsection 4,06.02, Table 2.4 (footnote 3) ofthe LDC, only for that portion of the project immediately north of Tract A. This deviation would provide relief from the above-referenced LDC provision which requires a landscape buffer to be provided between platted commercial building lots, to permit a zero foot setback between buildings and no landscape buffer(s) between separately platted tracts as shown on the Conceptual Master Plan, B. Project signage. The developer requests a deviation fl'om Subsections 5.06.04.C.1 and 5.06.04.C.3 which permits a maximum of two pole or monument signs per street frontage at a maximum of 80 square feet each and 1,000 feet separation, to permit a maximum oftlrree on-premises pole or monument signs along the projects V.S, 41 frontage, The maximum sign area for the three signs shall not exceed 160 square feet, and no single sign shall exceed 80 square feet. C. Parking distribution. The developer requests a deviation from Subsection 5.05,08.E of the LDC which pennits no more than 50% of the required parking area for intelior lots to be located between the primary far,:ade and the abutting street, to permit 100% of the required parking area to be permitted between the primary far,:ade and the Collier Boulevard and Tamiarni Trail road frontage ill'eSpective of which Conceptual Master Plan option is pursued. The landscape buffer adjacent to Collier Boulevard shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as desclibed in Exhibit F, Item 2.E. L The developer shall provide a covered pedestrian walkway as desclibed in Subsection 2.E.2. of Exhibit F of this Ordinance, D, Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.E.2, which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide Type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. pos' eepe draft PUD -./}1~ Page 8 of 12 AR.I0875I KlTE951PLN EXHIBIT F FOR TAMIAMI CROSSING CPUD N~GENfS ~ SEP lJ - '/,,'1":' ''''~" .. ~: i, 1 _!9_.!i9"1i:".lD LIST OF DEVELOPER COMMITMENTS 1, Regnlations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regnlations relate, Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply, 2, Any commitments made by the developer will be added to this exhibit as they are made during the review and approval process. A. PUD MASTER PLANS 1. Exhibit "C-1" and Exhibit "C-2" depict the conceptual master plans for two proposed development options. 2. Exhibit "C-1 ", "Conceptual Master Plan "A", Large Format Retailer" illustrates the proposed development for a 170,000 square foot or larger single tenant retailer and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time, a. The building setback shall be a ratio of 2 feet vertical to 1 foot horizontal or a minimum of 2S feet from the US 41 right- of- way line. b, All loading areas shall be fully screened from the sight line of travel on US 41 with landscape and hardscape features, c, The required landscape buffers along US 41 and Collier Boulevard shall be increased with tree and shrub matelial as depicted on Exhibit HG". d, Conceptual Plan "C-1" shall adhere to the applicable architectural commitments in Exhibit F, Item 2. G. 3, Exhibit "C-2", Conceptual Master Plan "B" illustrates the proposed development for multi-tenant retailers, each less than 170,000 square feet, and is conceptual in nature, Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time. 4. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the proj eel. vostCCPCd..ftPUD(4) rNmP-tJ. Page 9 of12 AR, 10875 I IUTE951 PLN 1. N~~_E.N~~. L.TEM-.l' ~l:I) t,. e'I'" I pg__LC20?fJJ A copy of the South Florida Water Management District (SFWMDT- surface water permit application shall be sent to Collier County Development Services Staff with the final plat or SDP submittal. B. WATER MANAGEMENT 2. A copy of the SFWMD surface water permit shall be submitted to Collier County prior to final SDP or final plat approval. 3. The stormwater management control elevation discharge shall be 4.9 feet NGYD or above, as required or as approved by the South Florida Water Management District. C. UTILITIES 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with, applicable County ordinances and other applicable County rules and regnlations. 2. Except on an interim basis for structures such as sales/construction trailers and models, the proj ect shall be required to hook-up to and utilize public water and sewer facilities. D. TRANSPORTATION 1. The Conceptual Master Plans "A" and "B" depict two potential vehicular and pedestrian intercoru1ections with the adjacent property to the south, The developer shall assure that these intercoru1ections accommodate the perpetual use of such access by incorporating the appropriate language into the applicable development covenants, and SDP or plat. E. PLANNJNG 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type 'D' Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center, Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights, The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart, All required plants shall be native species. The enhanced landscape buffers are as depicted on Exhibit G. 2. The developer shall provide a covered pedestrian walkway over the longest landscape island (which island is depicted on Exhibit C-1, the Conceptual Master Plan) ruru1ing from the parking area of the project to the main entrance of the building on Tract C. The walkway shall be a post eepe draft PUD 7h7nP. ()- Page 10 of 12 AR-IOB75 / KlTE951PLN minimum of eight feet ill width with the covering to be a twelve feet at its peak, The covered walkway may be in th pergola or arbor covered with shade-producing vegetation, 'n!M~~pA ITEM fo~~ ~ 9 ZOO~ rl !~j offO_ F, ENVlRONMENT AL 1, An analysis demonstrating that post-development pollutant loading will be less than or equal to predevelopment loading in general aceordance with the Harvey Harper methodology shall be completed and submitted for review and approval at the time of site development plan review. G. ARCIDTECTURE 1. The theme for all buildings in the center for Conceptual Master Plans "A" and "B" shown in Exhibit C-l and C-2, shall be "Old Florida Style" or "Florida Cracker Style", 2, The large format retailer building in Exhibit C-1, Conceptual Master Plan "A", shall comply with the additional following commitments: a. The building height of any building or portions of buildings within 200 feet of the US 41 right-of-way line, excluding any tower element, shall be reduced to a maximum zoned height of 29 feet (or a maximum actual height of 32 feet), The tower e1ement(s) shall be a maximum zoned height of35 feet, with a maximum actual height of38 feet. 1. Buildings or portions of buildings beyond ZOO feet from the US 41 right-of-way shall not 'exceed the maximum heights listed ill Exhibit B, Table 1. 2, Signage shall not be permitted on any tower el=ent on the large format retailer building, po,t eepe draft pun (4) 7l1?'l1R-~ Page 11 of 12 AR.I0875I Kll'E95\PLN No. '" N SEP ( '''. '. I ~J..,.t:j ~~; . P9_~0_~~ !iul ~i. i g <~"'., ,g <l.!l !, ,diH! ~~. q ~ ;... ~Ii! <::i. ~W! (E D~ I .. I ~ <Yo 1 C'" A ~ ~ ~ u .~ '" ] ~~ '" N ro p... l>< ~ ';;l ';;l .g "" g 0 ~~ ~ 0) ~ o 0~ '" N H .... ~P=l."" ~ ~E-<~ k ~~~~. ~ '" P:l N " <:> Ou .~ iQ <:> ~lZlf;l;1~ p N u~ .... ";l " (!; u .... 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