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Agenda 01/29/2008 Item #17A Agenda Item No, 17A January 29,2008 Page 1 of 61 EXECUTIVE SUMMARY RZ-2006-AR-I0422, Tim Hancock, AICP of Davidson Engineering, representing Myers Enterprises of Naples, LLC, requesting to rezone H.83 acres of land from the Industrial (I) Zoning District to the General Commercial (C-4) Zoning District for a projcct to be known as Naples Mazda to permit a new car sales automotive dealership for property located at the southwest corncr of the intersection of Airport Pulling Road (CR-31) and J&C Boulevard in Section 11, Township 49 South, Range 25 East, of Collicr County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider a rezone as noted above, and to ensure the project is in harmony with all thc applicable codes and regulations in order to make certain that the community's interests are maintained. CONSIDERA nONS: ,--, The petitioner wishes to rezone the subject propcrty from the Industrial (I) Zoning District to the General Commercial (C-4) Zoning District to develop the site as an automotive dealership for new car sales only, Proposed is a Napies Mazda Dealership which would include sales, service, and administrative otlices, The site is contiguous to the existing Naples Dodge Dealership. The site would consist of one building and approximately 100 parking spaces for auto display and employee parking. Fonnerly on the site was TO's Restaurant. The restaurant building was demolished and the site was cleared October, 2004. Currently tJ1e site is being used lor automobile storage. Surrounding Land Uscs and Zoning: The subject property is presently vacant and undeveloped, but is being used for automobile storage, ,md is within the (I) Industrial Zoning District. North of the property are retail flooring, transmission repair, and freight delivery uses across J&C Boulevard in the (I) Industrial Zoning District. South of the property is Naples Dodge in the C-4 Zoning District. East of the property across Airport Road is Laguna Bay Condominiums in the RMF-12 Zoning Distlict, and West of the propeliy is a used automotive sales lot in the (I) Industrial Zoning District. Zoning Synopsis: As described in LDC Section 2,03,02.D., the purpose and intent of the C-4 district is to provide an opportunity for the most diverse types of commercial activities delivering goods and services at a larger scale than would be allowed in the C-l through C-3 districts. (The (I) Industrial Zoning District does not allow C-4 uses,) The outside storage of merchandise and equipment is prohibited in C-4 Zoning Districts, except to the extent that it is associated with the commercial activity conducted on-site. Most often, activity centers are suitable locations for the uses pennitted by the C-4 district because most activity centers are located at the intersection of RZ-2006-AR-I0422 Naples Mazda Rezone Page 1 of6 Agenda Item No. 17A January 29, 2008 Page 2 of 61 arterial roads. The subject site is located at the J&C Boulevard and Airport-Pulling Road intersection, where an opportunity for diverse uses is highly appropriate. The applicant filed a Small Scale GMP Map Amendment (SSGMPA) concurrent with the rezone application, which was heard by the Board of County Commissioners (BCC) on December II, 2007. Please see below Growth Management Plan (GMP) analysis for details. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property, and surrounding area, is designated Urban-Industrial District as identified on the future land use map (FLUM) of the County's GMP. The applicant's conceptual site plan proposes the construction of a new sales/administration/service building for Naples Mazda with vehicular and pedestrian interconnections with Naples Dodge to the immediate south. The proposed commercial usage of the site is less intense than some of the uses that would be permitted under the current (I), Industrial Zoning District. GMP Conclusion: On December 11, 2007 (via Ordinance 2007-86), the BCC approved the companion Small Scale Growth Management Plan Amendment (SSGMPA) designating the property for General Commercial (C-4) land uses. Therefore the proposed rezone is consistent with the FLUE. . Transportation Element: Transportation Planning staff evaluated this petition, and found the project consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required, and the land had been previously impacted. Also, the land was cleared prior to 1975 before the adoption of vegetation clearing permit requirements. FISCAL IMPACT: The rezone, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if this rezone is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development RZ-2006-AR.I0422 Naples Mazda Rezone Page 2 of6 Aaenda i1em j'Jo. 17.4 ~ January 29, 2008 Page 3 of 61 order approved by Collier County is required to pay 50 percent of the estimated Transp0l1ation Impact Fces associated with the project. Other fees collected prior to issuance of a building pelmit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fecs 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. LEGAL CONSIDERATIONS: This is a site specific rezone from the Industrial (I) Zoning District to the General Commcrcial (C-4) Zoning District for a projcct known as Naplcs Mazda, 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 shins to the Board of County Commissioners (BCC), should it consider denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or unreasonable, This would be accomplished by finding that the proposal does not meet one or more oflhe listed criteria below. Criteria for Site Specific Rezones Ask yourself the following questions. 171e unswers assist you in making a determination for apprOl'al or not. I, Will the proposed change be consistent with the goals, objectives, and policies and futme land use map and the elements of the growth management plan? 2. Will the proposed rezone be appropriate considering the existing land use pallem? 3, Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and ncarby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5, Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Wiil the proposed change create or excessively increase traffic congestion or create types of traffic decmed incompatible with sumlUnding land uses, because of peak volumes or projected types of vehicular tramc, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? RZ-2006-AR-] 0422 Naples Mazua Rezone Page 3 of6 Agenda item No. 17 A January 29, 2008 Page 4 of 61 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect propeJiy values in the adjacent area? II. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grallt of sped a/ privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used In accordance with existing zoning? 14. [s the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the County for the proposed use in disl1icts already pennitting such use, 16. Consider: The physical characteristics of the propeliy 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. 17, What is the impact of dcvelopment Oil the availability of adequate public filcilities alld services consistent with the levels of service adoptcd in the Collier County Growth Managemcnt Plan and as defined and implemcnted through the Collier County Adequatc Public Facilities Ordinance [Code eh,l 06, art,lI], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioncrs shall dccm important in the protection of thc public hcalth, safety, and wclfare'? The BCe must base its dccision upon thc competent. substantial evidencc prcscntcd by the written matcrials supplied to it, including but not limited to the Staff RepOli, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Bee hcaring as thcse itcms relatc to these criteria. (MMSS) COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Thc ecpe heard pctition RZ-2006-AR-1 0422 on Novcmber 15,2007 and by a vote of 8 in favor and 0 opposcd recommended to forward this petition to the Board of eounty Commissioncrs (BeC) with a rccommendation of approval subjcct to the following conditions: RZ-2006-AR- I 0422 Naples Mazda Rezone Page 4 of 6 Aaenda Item r~o. 17 A - January 29, 2008 Page 5 of 61 1. The developer shall design, pernlit and provide right-of-way sufficient for an additional east-bound left tUll1 lane on J&C Boulevard prior to the approval of a certificate of occupancy for this site. 2. Approval shall be subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the Department of Community Affairs (DCA) of said amendment, and the nmning of the time in whieh an affected person can file a challenge to the DCA finding, 3. All right-of-way that is necessmy to construct the J&C Boulevard and Airport- Pulling intcrsection improvements, required by the Transportation Division, shall be conveyed by the developer in fee-simple title, free of any encumbrances or liens, to the Board of County Commissioners upon the TranspOltation Division's approval of the J&C Boulevard improvemcnt plans. The boundaries of the required right-of-way shall be defined during the review and approval process for the intersection improvement plans. The date for this conveyance shall be detennined at the time of said approval. 4, Any proposed cross-section for J&C Boulevard is cousidered conceptual and shall require final approval by the Transportation Division. The TranspOltation Division must approve all costs estimates related to the project before such an amount can be utilized for impact fee credits. 5. The development must extend the East-,bound right tUll1 lane on J&C Boulevard 70 feet and shOltcn the tUll1 lane entry taper to a length of 50 feet. The "middle" site access (as conceptually shown on the included plans) must align pel1)endicularly to J&C Boulevard and must not connect to taper for the turn lane, The horizontal layout included in this plan for the intersection of J&C Boulevard and Airport-Pulling Road is considered conceptual and shall require final approval by the TranspOltation Division. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition RZ-2006- AR-10422 subject to the following conditions of approval: 1, The developer shall design, pernlit and provide right-of:way sufficient for an additional eastbound left tUll1 lane on J&C Boulevard prior to the approval of a celtificate off occupancy for this site, 2. Any approval shall be subject to the adoption of the companion small scale comprehcnsive plan amendment, a finding of "in compliance" by the Department RZ-2006-AR-I0422 Naples Mazda Rezone Page 5 of6 Agenda Item t'>Jo. 17 A ,January 29, 2008 Page 6 of 61 of Community Affairs (DCA) of said amcndment, and the running of the time in which an affected person can file a challenge to the DCA finding. 3, All right-of-way that is necessary to construct the J&C Boulevard and Airport- Pulling Road intersection improvements, rcquired by the Transportation Division, shall be conveycd by the devcloper in fee-simple title, free of any cncumbrances or liens, to the Board of County Commissioners upon the Transportation Division's approval of the J&C Boulcvard improvement plans, The boundaries of the required right-of-way shall be delined during the review and approval process for the intersection improvcment plans, The date for this convcyance shall be detc1111ined at the time of said approval. 4, Any proposed cross-section for J&C Boulevard is considered conceptual and shall rcquire final approval by the Transportation Division, The Transportation Division must approve all costs cstimates relatcd to the project before such an amount can be utilized for impact fee credits, 5. The devcloper shall extend the Eastbound right turn lane on J&C Boulevard 70 feet and sh0l1en the turn lanc cntry taper to a length of 50 feet. The "middle" sitc access (as conceptually shown on the included plans) must align perpendicularly to J&C Boulevard and must not conncct to tapcr for the turn lane. The horizontal layout included in this plan for thc intersection of J&C Boulevard and Airport- Pulling Road is considered conceptual and shall require linal approval by the Transportation Division, PREPARED BY: Willic Brown, AlCP, Principal Planner Department of Zoning and Land Dcvelopment Review RZ-2006-AR-I0422 Naples Mazda Rezone Page 60f6 Item Number: Item Summary: Meeting Date: Page] of2 Agenda Item 1>10. 17 A January 29, 2008 Page 7 of 61 COLLIER COUNTY BOARO OF COUNTY COMMiSSIONERS 17A This Item requires that all participants be Sworn in and ex parte disclosure be provided by Commission members_RZ-2005-AR~1 0422 Myers Enterprises of Naples, LLC, represented by Tm Hancock of Davidson Engineering., Myers Enterprises. request a rezone from the Industrial (I) zoning district to the Commercial district (C-4) for a 1.83 acre project known as Naples Mazda. The property is located on Southwest Corner of Airport Road and J & C Boulevard in Section 11. Township 49 South, Range 25 East, Collier County, Florida. 1129/200890000 AM Prepared By Willie Brown Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 112120088:36:58 AM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 1/2/2008 9:58 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Div1sfon Administrator Date Transportation Services Admin. 1/2120082:40 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 1/2/2008 3:03 PM Approved By Nick Casalanguica Transportation Services MPO Director Catc Transportatfon Planning 1/2/20084:24 PM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 1171200810:37 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 1/71200812:24 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date +.I~. IIr'.\ ^ 'r~....r-I~ T'~~...\ 'Cv_,~.....\ 00 T~......"... .0/ '")"'")ll 0/ '"),,'")(\()O\ 1,..., 0/ '")(\C'I ll\, ill\, II A n '\./0/ ""1(\ A r f,1\. In 1 I,..,.., l""IIl"O Community Development & Environmental Services Page 2 of2 .~genda item No. 17 A January 29, 2008 Page 8 of 61 Community Development & Environmental Services Admin. 1/14/20087:44 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 1/15/20084:09 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 1/16/20089:40 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 1/16/200812:22 PM Approved By James V. Mudd Board of County Comm~ssioners County Manager Date County Manager's Office 1f22/2008 1 :52 prVl +';L-,./fr.\ ^ H""....A... T"",..t\ Cv.............t\00 T......., ,,,.., .01 ')(Y10 0/_ ,n,{\{)Q\ 17 01 ,nc I 111. All. A ^ D VO/_,{\ ^ r:I':1\.1 f"\ 1 IT1/,nOQ ^~1itila11EEM'<8:-,~7A January 29, 2008 Page 9 of 61 c~fff:r County ~Y.d--~ ~. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER I, 2007 SUB.JECT: PETITION: R7.-2006-AR-I0422, NAPLES MAZDA REZONE COMPANION ITEM: CPSS-2007-1 (SSGMPA) OWNER/AGENT: Owner: Tom & Jon Myers 6381 Airport Road, North Naples, FL 34109 Agents: Myers Enterprises of Naplcs, LLC 6381 Airport Road, North Naples, FL 34109 Tim Hancock, AICP Davidson Enginecring 2154 Trade Ccnter Way, Suite 3 Naplcs, FL 34109 REQUESTED ACTION: The pctitioncr is rcquesting to rezonc io] ,83 acres ofland ii'om thc Industrial (1) Zoning District to the Gcneral COlmnereial (C-4) Zoning District for a project to bc known as Naplcs Mazda, GEOGRAPHIC LOCATION: The property is loeatcd at the southwcst comer of thc Airport Pulling Road (CR-31) and J&C Boulevard intersection in Section 11, Township 49 South, Range 25 East, of Collier County, Florida, (See illustration on following page) RZ-2004-AR-I0422 <po ~ r-- OlD ..,..-o~ .C'-J ::) o .0 z~,,- ::: >- G.l Ci)L..0) _roro -:OD. roc -oro c-, Q) OJ <( j------' j ( ~ ~I r/~_/ I~~'- - -_V -~\--- ~ lIillI [ N ~ , , u. ~ ::;: 0:: z wQ I-tr: wO o ~ -0: " ^'tll. )"I.l<iAI'lX'I'M Jill " WfNO (Ir"lf,?} (]VI)Il ~NI,lfl.d-HJWIlI'l' ;~~! I~c L._ I ~ Cl ::> a. U ~ ~ ~ ~ " ~ ~- ii: ~ f u " 5------- ~ . lon~ 01.0>1 / -. _ -.c- ~l "~ ~~ ~ 5;; >" "~~ i [ ~ ~: , ! I , , ,,~~ ",,! ~~ ~ , ,- ~~ '" ~.- ~- S f~ ., ,. " " , -:>Jl" .---- ---- ,. a.. "a~ ~ l~ " <t: ~ ;;l~ >- ~ ~ ~ TL z 0 " ( .., ~e. - '~ I- <t: I u g-o' ~ il 0 i! I ~ --I ~ g, -"("~i1I:I.lNl PL":ilLVJSII'IJlII I I . ! lMll:lliOl$OMN1 I' \' , I ~~ !' !i " , Jli!l " ^ " B!~ i ~ mi,,! I II / <] I H~I --;r;n ~~-~-= - 11!!'l~!" i!~ ~~~ W~"n ~~~ n' -':!~ -;h .l'I.l'1ll'> " " (lYll~WMiJ'al..l.~ , , ;0 a.. <t: ~ (!) Z Z o N '" '" ... o '" << "' o a u. .. z o t: f- W n. , Agenda Item No, 17 A January 29, 2008 Page 11 of61 PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a rezoning to the General Commercial (C-4) 7.oning District allowing the full range of permitted and conditional uses, which includes automotive dealers (new cars only). The petitioner proposes to develop the subject site as a Naplcs Mazda Dealership with sales, service, and administrative offices, which would be built contiguous to the existing Naplcs Dodge Dealership. The site would consist of one building and approximately 100 parking spaces for auto display and employee parking. Formerly on the site was TO's Restaurant. The restaurant building was demolished and the site was eleared October 2004. Currently th~ site is being used as storage for automobiles as shown on the "Existing Conditions" picture on page 5. SlJRROUNDING LAND USE AND ZONING: Subject Parcel: Tbe site is presently vacant; zoned Industrial (I). SUlTounding: North: Retail flooring (Handinger Carpet), transmission repair, and frcight dclivelY uses across J&C Boulevard; zoned Industrial (I), Multi-family condominiums (Laguna Bay Condos) across Airport Road; zoned RMF-12. Naples Dodge; zoned C-4. Uscd Automotive Sales Lot; zoned Industrial (I), East: South: West: Zoning Map RZ-2006-AR-I0422, Naples Mazda 3 Agenda item No. 17 A January 29, 2008 Page 12 of 61 Aerial Photo Rl.-1Q(16.Alt.IO.ll2 REV: l rrojecttl99tU10 l)lfe:!l.1JI1Ul(lG. OUF;lo.'4.'t16 I = ... If ...r." I "I \I~.~f*'mI''''Y~ ~eAlftT ~~.~~.j, __L.I_,J..,--.1 "I "-~'=~=:':::"-,:~~----- ~~l.~'----_.'-~~";-~. --- --- :..>~ ,-- .=.- ~". """.... ".--= 1lI~ [;: ;~~ J = .~ I L_~" r.::~)'" I 1 I I I Proposed Site Plan RZ-2006-AR-l 0422, Naples Mazda 4 Agenda Item No, 17 A January 29, 2008 Page 13 of 61 Lot in Existing Condition GROWTH MANAGEMENT PLAN (GMf) CONSISTENCY: Future Land Use Element (FLUE): The subject property, and surrounding area, is designated "Urban-Industrial District" as idcntified on the future land usc map (FLUM) of the County's GMP, The applicant's conceptual site plan proposes the constlUction of a new sales/administration/scrvice building for Naples Mazda with vehicular and pedestrian interconnections with Naples Dodge to the immediate south, The proposed commercial usage of the sitc is Icss intcnse than some ofthe uscs that would be pcrmitted under the current I, Industrial Zoning District. However, if the propelty is rezoned to C-4, it would not be limited to the proposed use, rather all C-4 uscs would be allowed, The "Urban-Industrial District" and "Business Park Sub-district" of the FLUE reads as follows: Urban - Industrial District: The Industrial Land Use District is rcserved primarily for industrial type uses and compriscs approximately 2,200 acres. Bcsidcs basic Industrial uses, limited commercial uses are permitted, Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses, The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated {Jrban - Industrial District that existed as of October 1997 shall be deemed consistcnt with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that docs not service a predominately residential area, Intensitics of use shall be those related to: RZ-2006-AR-10422, Naples Mazda 5 l~rJenda Item hJo. 17/\ " January 29, 2008 Page 14 of 61 a. Manufacturing b. Processing c. Storage and warehousing d. Wholesaling e. Distribution f. High tcchnology g, Laboratories h, Assembly i. Computer and data processing j. Business services k. Other basic industrial uses as described in thc Industrial Zoning District of the Land Development Code; L Business Park Subdistrict uses as described below; and m. Support commercial uses, such as child care centers and restaurants. Business Park Subdistrict: The Business Park Subdistrict is intcnded to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural dcnsity where building coverage ranges between 25 percent (0 45 pcrcent and landscaped arcas provide for buffering and enjoyment by the employecs and patrons of the Park, Business Parks shall be allowed as a Sub-district in the Urban Industrial District subject to the criteria set fOl1h under the Busincss Park Sub-district in the Urban-Mixed Use District. Findings: Based upon the reading and intcnt of the "Urban-Industrial District" and "Business Park Subdistrict", the proposcd use of the propeliy as a new sales/administrative/servicc buiiding for an auto sales dealership, it is determined that the proposed zoning and use is 1I0t consistent with the FLUM and the FLUE of the GMP, FLUE Policy 5,4 requires all new developments to, "be compatible witlt, ami complementary to, the surrounding land IIse,Y," Compreltemh'e Planning Department staff defers to tlte Zoning and LI/fld Development Review Department sl(l!f for final determinl/tiofl of compatibility of the proposed zoning (/ful development. (See Zoning analysis below) Objective 7 of the FLUE requires the following: . Pedestrian connection (sidewalk) connecting the subject site with the proposed sidewalk along the south side of J & C Boulevard and the Naplcs Dodge facility inunediately to the south is shown in thc conccptuai site plan; and . Vehicular conncction (driveways) between the subject site with thc Naples Dodge facility inunediately to the south is shown in the conceptual sitc plan (see Policies 7,2 and 7.3 of the FLUE), The projcct will comPly with Objective 7 of the FLUE if approval is made subject to the attached conditions of approval. Comprehensive Planning Conclusion: Based upon the above findings, the staff concludes that the proposed rezone is not consistent with the FLUE, However, a Small Scale Growth Management Plan Amendment (SSGMPA) has becn submitted as a companion application with this rezone request that will (if approved) allow the rezoning to C-4. RZ-2006-AR-I0422, Naples Mazda 6 Agenda Item No, 17," January 29, 2008 Page 15 of61 Transportation Element: TranspOltation Planning staff has evaluated this pctition, and on September 15, 2006 has advis~d that thc following is consist~nt with Policies 5.1 and 5,2 of thc Transportation Element of the GMP. ANALYSIS: Transportation Analysis: The TranspOltation Depmtmcnt rcconllnends approval this petition subject to the following conditions: . All Right of Way (ROW) that is necessary to construct the inters~ction improvcments required by TranspOltation Division shall be dedicated as fee-simple ROW upon Transportation Division's approval of the J&C Boulevard improvement plans, · The Developer shall be responsible to construct all required intcrsection improvemcnts; all costs above the developer's proportionate fair shm'e will be creditable towill'ds Transportation Impact Fees, Any proposed cross s~etion included in tlus submittal for J&C Boulevard is considered conceptual and shall require final approval by the Transportation Division. Transportation Division must approve all cost estimates related to the project that are to be used as impact fee credits. · The developer shall extend the Eastbound right turn lane +/-70 f~~t, but shorten the tap~r to 50 feet. The "middl~" driveway must align perp~ndicularly to J&C Boulevard and may not connect to a taper for a turn Imlc. The horizontal layout included in this plan set for J&C Boulevard is considered conceptual and shall require final approval by the Trilllsportation Division. Environmental Analysis: Environmental Revicw staff has evaluated this pctition and determined that there arc no enviromnental issues within the County's revicw that nced to b~ addressed, Thc Environmental Advisory Council (EAC) did not heal' this pctition becaus~ an Environmcntal Impact Statement (ElS) was not rcquired. Th~ land was cleared prior to 1975 before the adoption of vegetation clcaring pcrmit requirements. Puhlic Utilities Analysis: Utilities staff has reviewed this pctition, and recommends approval. Thcy 110te that the project must comply with Ordinancc No, 2004.31, and a watcr and sewer availability letter fl"Om Collier COUllty Utilities Division shall be obtain~d, The petitioner's "StatclTIcnt of Utility Provisions" indicatcs wat~r service and scwagc disposal will be provided by the Collier County Water/Sewer District. The projcct would use existing water and sewer cOlUlectiol1s, and 110 new connections within the adjacent ROW are anticipated, Zoning and Land Development Analysis: Zoning staff has r~vi~wed this petition and concurs with the findings of Comprehensive Planning; that the proposed rezone and use is not consistent with the Urban Industrial classification of the FLUM and the FLUE of the GMP. The applicant, however, has filed a Small Scale GMP Map Amendment (SSGMPA) concurrent with this rczone application, If adopted, thc SSGMPA would render the proposed uses consistent with the FLUE and FLUM. RZ-2006-AR-I0422, Naples Mazda 7 Aaenda item No. 17/4. - January 29, 2008 Page 16 of 61 As described in LDC Section 2,03.02.D., the purpose and intcnt of the C-4 district is to provide an opportunity for the most diverse types of commercial activities ddivering goods and services at a largcr scale than would be allowed in the C-l through C-3 districts. (The Industrial Zoning District does not allow C-4 uses,) The outside storage of merchandise and equipment is prohibited in C-4 Zoning Districts, except to the cxtent that it is associated with the commercial activity conducted on- sitc, Most oftcn, activity centers are suitable locations for thc uses permittcd by the C-4 district because most activity centers are located at the intcrscction of arterial roads, The subject site is located at the .1&C Boulevard and Airport-Pulling Road intersection, where an oppOliunity for diverse uses is highly appropriate, The differences bctween the Industrial and the C-4 Zoning Distriets property dcvc10pmcnt regulations are shown in the table below. Zoning District Front Yard Side Yard Rear Yard Lot Area (sq ft) Lot Width Zoned Building Height C-4 25 15 16 10,000 100 75 All numbers shown are the required minimum amounts Maximum building coverage not applicable to either district If the rezoning is approved, pursuant to the requirements of the LDC, the petitioner would be required to provide a Type D Buffer (10-20 feet wide with trees spaced 30 feet on center) abutting the right-of- way, north and east, and a Type A Rune!' (10 feet wide, 30 feet on eenter) along the western property line, The proposed ehange to the C-4 Zoning District from the Industrial Zoning District is not anticipated to have an advel'se effect uoon the SUl'l'oundin!! al'ea. The proposcd C-4 Zoning District is compatible with the C.4 zoned properties to the South, While an auto dealership with sales and serviee is a less intensive use than would be allowed under the CUl1'ent Industrial Zoning Distriet and designation, and less intensive than the prior restaurant usc, thc site eould be developed with any of the permitted C-4 uses, Restaurant uscs and most light industrial uses are higher traftlc generators than an auto sales use. In addition, the proposed site is in an established urban arca which takes advantage of existing infi'astructure, The proposed use is an optimal redevelopment use of the site, considering (1) its loeation along a major arterial; (2) its proximity to the existing Naples Dodge utilizing existing curb cuts and intercolmections between adjacent lots, and (3) taking advantage of sUlTounding activity center uses and infrastructure with improvements to storm drain facilities and nearby ROW intersection fmiher increasing the likely success of the proposed new use. NEIGHBORHOOD INFORM A nON MEETING (NIM): Synopsis provided by the Community Planning Coordinator, Everildo Ybaeeta: RZ-2006-AR-I0422, Naples Mazda 8 Agenda Item No, 17 A January 29, 2008 Paqe 17 of61 The petitioner held a neighborhood information mecting at 6pm on Monday, October 8, 2007 at the Italian.American Club at 7035 Airport-Pulling Road, North. Two neighboring property owners were in attendance: Sam Smart and Robyn Pctasky. Reprcsenting the applicant, Davidson Engineering, was: Tim Hancock (Plmming Director) and Michelle Tamayo (Planning Teclmician). Representing Collier County staff were Willie Brown (Principal Planner - Zoning), Chris Brown (Senior Planner _ Comprehensive Plamling), and Everildo Ybaceta (Citizen Liaison), and representing owners, Myers Enterprise LLC, was Tom Myers, Mr, Tim Hancock gave an overview of the project. Highlights of the meeting arc as follows: . Presenter, Tim Hancock, said the petition request involved two parts: (I) a small scale GMP amendment designating a 10 acre tract as commercial, and (2) a rezone of 1.3 acres from Industrial (I) to General Commercial (C-4). · The purpose of the commercial designation and rezone is to establish a site for Naples Mazda which would include sales, scrvice, and parts, · Sitting adjacent to the proposed Naplcs Mazda site is Naples Dodge. Myers Enterprise LLC would be the parent company for both Naples Dodge and Naples Mazda, . Fcatures of the site would include buffers cxtending from Naples Dodge continuing along AirpOlt Road and around J&C Boulevard to the end of the site. . Access points (or curb cuts) along J&C Boulcvard would be reduced f1'cllll six to three, and interconncctions would bc establishcd betwecn the Naplcs Mazda and Naples Dodgc lots, (No new access points would be created.) · The site would contain more grcencry aud open space as a result of architectural and landscape requirements. · All storm water runofY would be contained on-site and re-directed toward nearby storm water drainage facilitics. · Major traffic issues involve improvements to the J&C Boulevard and Airport Road intersection. A lane addition on J&C Boulevard directing traffic northward onto Airp0l1 Road would be needed, and a dedication of land on the Naples Mazda lot to accommodatc the lane addition is currently being negotiated between the petitioner and County Transportation Department. · The meeting was adjourned at 7: 15pm. STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPe) forward a recommendation of approval of Petition RZ-2006-AR-10422 to the Board of County Commissioners (BCC) subject to the following conditions: I, Any approval by the Collier County Planning Commission must be subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the Depmtment of Community Affairs (DCA) of said amendment, and the mnning of the time in which an affected person can tile a challenge to the DCA finding, RZ-2006-AR-I0422, Naples Mazda 9 )\genda Item ~Jo. 17 A ,January 29,2003 Page 13 of 61 2, All right-of-way that is nccessary to construct the J&C Boulevard and Airport- Pulling intersection improvements, rcquired by the Transportation Division, shall be conveyed by the developer in fee-simple title, free of any cncumbrances or liens, to the Board of County Commissioners upon the Transportation Division's approval of the J&C Boulevard improvement plans, The boundaries of the requircd right-of-way shall be defined during the review and approval proccss for the intersection improvement plans, The date for this conveyance shall be dctermined at the time of said approval. 3, The developer shall be responsible for construction of all required intersection improvemcnts. All costs above the developer's proportionate fail' share will bc credited towards Transportation Impact Fees, 4. Any proposed cross-section for J&C Boulevard is considered conceptual and shall require final approval by the Transportation Division. The Transportation Division must approve all costs estimates related to the projcct before such an amount can be utilized for impact fee crcdits, 5, Thc dcvelopmcnt must extend the Eastbound right turn lane on J&C Boulevard -1/_ 70 feet and shortcn the turn lane entry taper to a length of 50 feet. The 'middle' site access (as conceptually shown on the included plans) must align pcrpendicularly to J&C Boulevard and must not connect thc tapcr for the turn lane. The horizontal layout ineluded in this plan for the intersection of J&C Boulevard and Airport-Pulling Road is considcrcd conccptual and shall require final approval by the Transportation Division, PREPARED BY: ~ Jl4 ~6vJY\ WILLIE BROWN, AlCP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW \1) ~''l. 0'1 DATE REVIEWED BY: yy\. ' 'lY\'~-~ MAR~~STUDENT-STIRLN , ASSISTANT COUNTY ATTORNEY I O{7.-3/0r DATE a~~d/'-- RA YM D V, BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW , /o_!~- C? DATE RZ-2006-AR-1 0422, Naples Mazda \0 Agenda item No. 17 A January 29, 2008 Page 19 of61 xl.uAA') ern, vJdVf1.JJA---r SlfS"AN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVlEW APPROVED BY: /oj2tJ/1c7 DTE /?I~-/o1 'p K, SCHMITT, ADMINIS RATOR DATE UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tcntatively scheduled for the November 15,2007 Planning Commission Meeting. Tentatively scheduled for the January 22, 2008 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: M~l Vk~~~ _ MARK p, StRAIN, CHAIRMAN, CHAIRMAN RZ-2006-AR-10422, Naples Mazda II J\genda !tern No. 17,A. January 29, 2008 Page 20 of 61 REZONE FINDINGS PETITION RZ-2006-AR-I0422 Section 10.03,05 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 and policies of the Future Land Use Map and the elemeuts of the Growth Management Plan. Pro: The subject property is located in an industrial dcsignated area of the county. The proposed rezoning and use would be less intensive than thc present Industrial designation would allow. In addition, the proposed dealership use would not be a new use. The (Naples Mazda) use would be an expansion of the existing (Naples Dodge) use. Con: A small scale GMP amendment is requircd. Additionally, although minimal in nature, transportation improvements would be required at the J&C Boulevard intersection, Once approved, also, all C-4 uses could be allowed on site if the dealership were not built. Findings: Based on staffs review, the proposed development would be compatible with existing surrounding uses, Although not in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) at present, approval of a Small Scale GMP Amendment would cause the proposed use to be in compliance. 2. The existing land use pattern; Pro: The predominant land use in the area is commercial with flooring sale and installation uses to the north; a new car sales use to the south; and llsed car sales use to the west. The proposed use would bc compatible to the existing land use pattern. Con: Sec item one Findings: The prior use was TO's restaurant. A restaurant use is a highcr gcnerator of traffic than a new car sales lot. With the proposcd roadway improvements eUlTently being negotiated between the petitioner and the County's Transportation Department, this intersection would greatly benefit from the proposed new use. Staff agrees that the proposed new use is complimentary and compatible with surrounding uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is adjacent to existing C-4 zoned properties to the South. RZ-2006-AR-t0422, NAPLES MAZDA REZONING PAGE 1 OF 6 l{EZONE FINDINGS Agenda Item No. 17A January 29, 2008 Page 21 of 61 Con: None Findings: The subject parcel is of ~ufficient size for the proposed use and roadway improvements, and does not over intensify the lot within its surroundings. Thus, it would be a downzoning allowing less intensive uses than previously permitted or currently allowed. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The two adjacent lots would be owned by the same owner for similar uses and opportunities exist to take advantage of intemal roadway intercOlll1ection~, shared access, and intersection improvements. Con: None Findings: The existing boundaries are not illogically drawn. Staff agrees that the small nature of the lot with only a 150 foot depth makes it difficult to develop the lot for industrial usage as typical industrial uses require large truck deliveries, 5. Whether changed or changing conditions make the pa~sagc of the proposed amendment necessary. Pro: Due to budget cutbacks, it has become increasingly difficult for the County to make transportation improvements to segments of certain roadways, but thnl transportation impact fees and developer contributions, roadway improvements are possible, The J &C Boulevard! Airport Road intersection is a cross section of roadway in bad need of repair. The owners have agreed to the construct of all intersection improvements, and costs above the developer's proportionate fair sharc wiII bc creditable towards Transportation Impact Fees, Con: None Findings: The proposed rezoning petition is compatible with adjacent land uses and proposed development on the existing lot with improvements is better suited than industrial uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The zoning change will improve living conditions: landscaping, stonn drain facilities, and intersection improvements. In addition, Peak hour traffic for automotive sales lots is during the evenings and on weckcnds compared to a restaurant use. Con: None RZ-2006-AR-l0422, NAPLES MAZDA REZONING PAGE 2 OF 6 HE-:....ONB FINDINGS Agenda item No. 17 A .January 29, 2008 Page 22 of 61 Findings: The proposed petition is compatible with adjacent land uses. 7. Whether the proposed change will create or excessively increase traffic congestion or crcate types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othcrwise affect public safety. Pro: Thc proposcd automotivc sales use is less intensive than the current GMP industrial designation would allow and prior restaurant uses. Con: The amendment would generate an estimated 5 to 10 additional trips per day, Findings: While there is a potential increase of 5 to 10 trips per day, these trips would be generatcd more during the cvcnings and on wcekends, No public safety concerns are anticipated resulting from this rezoning of land if approved subject to proposed conditions of approval. R. Whether the proposed ehange will create a drainage problem; Pro: The zoning action would not creatc a drainage problem. The subject property is located within an existing drainage basin under the review of the South Florida Water Management District and would be required to obtain pemlits inorder to redevelop the site. Any future development within the subject area would be required to meet District stonn watcr drainage regulations. Con: None Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitig<lte all sub-surface drainage gencratcd by developmental activities, The subject property would be required to meet the storm watcr drainage rcgulations of the South Florida Water Management District. 9. Whether the proposcd changc will scriously reducc light and air to adjaccnt areas; Pro/Con: Evaluation not applicable Findings: All projccts in Collier County are subject to the development standards that are unique (0 the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (open space rcquircmcnt, corridor management provisions, etc.) were desigued to ensure that light penetration and circulation of air does not adversely affect adjacent areas, 10. Whether thc proposed change will advcrscly affect property values in the adjacent area; RZ-20D6-AR~10422, NAPI~ES M1\7.DA REZ.ONING PhGP. 3 OF 6 rm".oN~ FINDINGS Agenda Item fJo, 17 A January 29, 2008 Page 23 of 61 Pro: Urban intensification typically increMes the value of adjacent or undcrutilized land. Con: Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values since value determination by law is drivcn by market value. The mere fact that a property is given a new zoning desil,'Ilation or amendment mayor may not affcct value. However, staff is of the opinion that this petition could have a positive affect on the property values based on the pctitions compatibility to the Land Development Code and the adjoining propeliy as identified previously. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affcct value. 11. Whether the proposed change will be a detel'l'ent to the improvement 01' development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrencc to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro: The l,'fanting of this rezonc would permit the establishment of a renewed business in thc County that was previously loss. Con: Not applicable. Findings: The proposed rezone wiIlnot constitute a grant of speeial privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro: The property could continue to be used with the existing zoning. The lot size however does not lend itself adequately to industrial uses, Con: None RZ-7.006-i\R-I0422, NAPLES MAZDA. REZONING PAGE 4 OF 6 REZONE FINDINGS .L\genda item No, 17 A January 29, 2008 Page 24 of 61 Findings: Staff believes that the proposed amendment would aid in creating greater compatibility within the area. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed project is designed in a manner that is compatible with sun-ouuding properties in size and scale Con: None Findings: The proposed project would provide a Mazda dealership in the County where none exists today providing local service and an array of broader choices, 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting SlIch use? Pro/Con: Evaluation not applicable Findings: Staff agrees that automotive dealerships must be located in central, easily accessible areas for various reasons. The physical location of the proposed site is immediately adjaccnt to another dealership, which makes the subject properly more uniquely appropriate for the intended use. 16. The physical characteristics of the property and the degree of site alteration, which would be requircd to make the property usablc for any of the range of potential uses under the proposed, zoning classification. Pro: As compared to previous and possible future users of the site, the degree of site alteration required would be minimal. Utilities such as water, sewer, electric, and phone already service the property. The prior restaurant use had a higher degree of impervious surface, Con: Nonc Findings: The degree of site work would bc minimal. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted ill the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the (iMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval subject to conditions of RZ-200G-AR-10422, NA~LES MA~D^ REZQNING PAGE S OF 6 K1~L.ONE FINDINGS / JI / Agenda Item No, 17 A January 29, 2008 Page 25 of 61 approval as listed in the staff report, A final determination as to whether this project meets the full requirements of adequate public facilities specifications will be detennined as part of the site development approval process RZ-2006-An-104??, NAPLES MAZDA REZONING PAm: 6 OF 6 HEZONE FINDINGS ORDINANCE NO. 07-_ AN ORDINANCE OF TlIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLOIUDA, AMENDlNG ORDINANCE NUMBER 2004-41, AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE, WI-IlCH ESTABLISlIED TlIE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLUER COUNTY, FLORIDA, BY AMENDING TIlE APPROPRIATE ZONING A11"AS MAP OR MAPS BY CHANGING THE ZONJNG CLASSIFICATION OF THE HEREIN DESCRrBED REAL PROPERTY FROM AN INDUSTRIAL (I) ZONING DISTRICT TO A COMMERCiAL (C-4) ZONING DISTRICT FOR THE PROJECT KNOWN AS NAPLES MAZDA, LOCATliD AT TIlE SOUTHWEST CORNER OF AIRPORT ROAD (eR, 31) AND J & C BOULEVARD, IN SECTION 1[, TOWNSIllP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA, CONSISTING OF 1,83+/- ACRE: AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Tim Hancock, of DavidsOll Engillel.:ril1g, lnG" repre~elltiTlg Myel'S Enterprises of Naples. LLC. petitioned the Honni of County Commissioners to change the 'lonin~ classification of the herein described real property. NOW, THEREFORE, BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORTDA, 11>",: SECTION ONE: The zoning c!assifiL:iJtion of the rCiJl propcny more particularly described in Ex.hibit A, ..lUncheu hereto and incorpnrolt:u herrin by reference, located in Section 11. Township 49 South, Range 25 East, Collier County, Florida, IS changed from an lndustrinl (T) Zoning Disllict to u Commercial (C-4) Zoning Disllict for a 1.83+/- acre pl'Ojecl known as Nnpks Muzda, subject to the conditions shown in Exbibit B. The npproprintc zoning utlas map or mn[l.'>, as de~crihed in OrJinullcc NlllUbel' 2004-41, as amended, the Coltier County Land DcvcJopmcnt Code, is/are. Ilt:reby amended ::lccordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Deparlnlefl( of Slale. PASSED AND nUL Y ADOPTED by sllpl~r~majority vote of the Board of County Commissioners or Collier County. fil.oridu, this ___ .....~ day of ______J 2007. A TrEST: DWIGHT E, GROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ By: JAMES COLETfA, CHAIRMAN , DCPllty Clerk Approved as to form und legal sufficiency: p/'{ ?Marjorie M. Stlldent.Stirling Assistnnt Connty Attorney .,e..~genda i1em No. 17l~, January 29, 2008 Page 26 of 61 ~ g; ~~~gB ~:i~~ ~ !i;~i~!~1 ~~ i ~ ~ ;n i: iI ~~ !~I~~ ~~~::rJ I~~~ l~~~ ~~ i! i ;~ ~~ ~ i~. gl~i~ !B~I~ !;~~;I!I~:I m I :~ 'II ~ ~ BI~U ;~ra~i Brh~a~~~! ~ ~ "s ;:a 5 e 8~~Ga ~~U~ ;h~g:"i ~ ~ ! :g I: ~ : ~~j~a ~!;:i~ 6:a~8~le;i i ! ~6 ~j ; I Jil:i i~I~1 Ij;:~!ii ~S ; ~ ~~ !; ~ e ~h j~L~!; 2~~i/.i.J;: ~~ it - ~~ ~Il 5 ~ ~~~i ?~Sil ~~;~ll;I~~j ill a G . ~ :l~ : ~ ~i"~ ~~a~ ~u~ ~~~ <~ ~ ~~ nll ~ ~ ~~i~ ~~.~; ~dl( ~~, Q; i II ~~ ~~ , S h~.~ ~~~ij .~=:~~,,~~ ~'" ~ ;~ ~~ ~ ~<:!~~ ~~~a ~B<l/ll~l~~ ~11 . 8~ !l~ c .i!~a ~~-11 !;~118ij~;:l"R ~~ ~11 ~ ~ffi8;:j ~~ g'~~il~ ~ ~ ~: . ~ ~ ~ ,. 'I ~ :~ ~ ~ ~~ ~~UJ.i .~ i !! iI!~~~~n I~ Jg I a g~ ~~II~~ ~ a ~~ ~ ~~~~El~~ ;~ i :~ ;I~i~~ i I ;; !iln~~i~ Ji , ~ # ~i ~~~g~~ ~ ~ ~:~ dta~~~d ~~ ~ I Ii iill;~ ; i: j ~A ;;~:~:iii ~: i: ~ ;0\ .~ "il ~ I~ s ~~ ~eUd~h.~1 ~; i i~ i;~~;i ~ .~I ~ Ii ~~~'l~IB~~ ~I J~ ~ ~i~~i~i i< g~ ~ I b~I~IBgl i~ ~~ ~ h i g~~.~ ~~ R ill 5!l~Ji~ j;: ~~ tJ& ~ ~~ ~B.~g?j ~ ~.p !q l'lj Bffl 'r I i! ~;~~~~~ I~ II I;J~;i~~~ Ii ~ ~i! i ~ ~i:~~il~ r.:s . ~l'i!~ ~ ~ ' < /3 ~ ~ "--.-i! lj h~ ;:.~ q ~"~"a' d ~ ~j~i~! B~!~n~! ~ ~ I"~ ~~R '\'~g ,. ;~~~.~ ~ ~ r ' g~~~1 Q~ ~~ ~ o. ~ ~ .I\genda Item No, 17 A January 29, 2008 Page 27 of 61 ; :=3 :>>- Agenda Item No, 17,1'\ January 29, 200B Page 2B of 61 CONDITIONS OF APPROVAL NAPLES MAZDA RZ-2006-AR-I0422 I, Any approval by the Collier County Planning Commission must be subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the DepUltment of Community Affairs (DCA) of said amendment, and the running of the time in which an affectcd person can file a challengc to the DCA tinding. 2, All right-of-way that is necessary to construct the J&C Boulcvard and Airport-Pulling intersection improvements, requircd by the Transportation Division, shall be conveyed by the developer in fee-simple title, free of any encumbrances or liens, to the Board of County Commissioners upon the Transportation Division's approval of the J&C Boulevard improvement plans, The boundaries of the required right-of-way shall be defined during the review and approval process for the intersection improvement plans, The date for this conveyance shall be detetmined at the time of said approval. 3, The developer shall be responsible for construction of all required intcr,section improvements, All costs above the developer's propOltionate fair share will be credited towards Transportation Impact Fees, 4, Any proposed cross-scction for J&C Boulevard is considered conccptual and shall require final approval by the Transportation Division. The Transportation Di vision mw;t approve all cost estimates related to the projcct before such an amount can be utiiizce! for impact fee crcdits, 5. The developer must extend the Eastbound tight turn lane on J&C Boulevard +1-70 feet and shorten the turn lane entry taper to a length of 50 feet. The 'middle' site acecss (as conceptually shown on the included plans) must align perpendicularly to J&C Boulevard and must not connect the taper for the turn lane, The horizontal layout included in this plan for the intersection of J&C Boulevard and Airport-Pulling Road is considered conceptual ane! shall require final approval by the Transportation Division, EXHIBIT B <1:CO~ r;;.....O(!J '")- 10 .Jim ~NN ;:: >. Ql W'- 0) _OlOl -"D.. OlC -oOl c-' Q) en <1: <( z <'l o _ w- l:'b !:: '< LL ~ OJ 0 :::e g a: ~ 1VNVO c (LC't/':l) avm/ ~Nmild UIOdl:lIV ~ ~ C~ ~ :J. ~ Jl.< C,)~ > ! < ~ ~ ~ " il ~ ~ ~ a , . m C,) ~ Ii < c . 0 < . 5 " ~ 3Y.lS OJ.J.ON / ____ - L- l" ~ ,! , ~, 1l: ~! I mNlI3lnoa 'tb'\ImIWV , , ~ ~ L ~ N'l iK" ,;..~ '~l I~ N I ~_~,~ _J u< I I! ~ II L II. lt~ I~~nll! t~ ~~ 118 11 :Y;~LT!~ Ii . ij I!J~ 11~~I!r! ~ II! · I :chir;-' !! "" I "~ Ii ~ g i~'-:-' r7'11 JI~ i l -~"'~~ -""'! Ii ..~ \(; I ! !llti c:r ~- I · ~!i . ~ Ii c- - ill ~ I~ IL I,L I i! ,I! ' "Ii h . I ~ !1~!ljL~1 :, IE!'\ I 3rll! rti _~_. > I,! I iB ~I ,i. !~-'fJ ~~ \ I m ~I.I iliv i~AJli!1 i!~ ~~~ II I Iff! vIr Ui"!( I r 0 ~~ ~!I; II~r~ I t I ~\--- \~. II, I '''-=-F-~ , 11'_!I'A l~!\ " '! ,'I~:'" "''''''''''_ ~!ll " , ... I~~ Ui!!l ' -!I' !!/ I' .,".'''' -~ < ,%.;,:;'~ (i j I II .J-.iil I! .... t . [!,((I"'-- < ".." - ~~: . , I. ~i!i r tl"alV.l.lRfWI '''":vi II I' !i" j ! Iv i?: ~b i. "l~ ; I L z . ~i 0 i I- <( U o -1 I."", Ch'OII oomrw-JlIlOoIMIlI ! L>--- m :J Ii L--r " ~~ . .d i! ~ ~ ~ " " .- ~ " . a. <( ~ C> Z Z o N '" '" ... o ~ cr <( , OJ o o '" N '" .. z o I- ;:: W 0. a. <( 2 /\C1'3nda lienl ~Jo. '17,A, ~ January 29, 2008 Page 30 of 61 RZ-2006-AR-I0422 1}J"(~jcct: 19993270 Date: 8131/2006 REV: I DUE: 10/4/06 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No,: Date Pctition Rccei ved: Commission District: , _,_,_ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 , General Information: Name of AppIicant(s) Mvers Enterpriscs ofNaplcs. LLC Applicant's Mailing Address 6381 Airnort Road North City Naplcs State FL Zip 34109-2015 Applicant's E-Mail Address: Applicant's Telephone # __ 239-594-2100 Fax # 239-513-1720 Name of Agent Tim Hancock Firm Davidson EIHdneering Agcnt's Mailing Address__2154 Trade Centcr Way. Suite 3 City ___NaLl]es ____ State 1010 __Zip 34]09 Agent's Telephone # 239-597-3916 Fadl 239-597-5195 Agent's E-Mail Address:tim(w.davidsonengincering.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-24001FAX (239) 643-6968 APPI,ICATION FOR PHBLIC [TEARING FOR STANDARD REZONE - 4/14/03 i\genda Item No. 17,11, January 29. 2008 Page 31 of 61 *Be aware that Collier County has lobbyist regulations. Guide yourself accordiugly aud ensure that you arc in compliance with these regulations. Complete the following for all Assoeiation(s) affiliated with this petition. (Provide additional shcets if necessary) Name of Homeowner Association: NA 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: MailingAddress ~ _ ,_City State _ Zip Name of Civic Association: Mailing Address City State Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all pmiies with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessal'Y) , Name and Address Percentage of Ownership API'LlCATJON FOR PUBLIC "BAiliNG FOR STAN/lAIlD HEZOI\'E ~ 4/14/03 ;,oenda Item r\!o. 17 A - January 29,2008 Pa;J8 32 of 61 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. and Office Percentage of Stock c, If the properly is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage 0 f interest. Name and Add"ess Percentage of Interest d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited pattners, Name and Address TOln~1vers.Manager Jon Myers Percentage of Ownership 51% 49% 6381 Airpott Road North Naples. FL 34109 e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the eonh'act purchasers below, including the officers, stockholders, beneficiaries, or partners, Name amI Address Percentage of Ownership Date of Contract: APPLICATION mR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03 Agenda Item No, 17 A January 29, 2008 Page 33 of 61 f. If any contingency clause or contract terms involve additional pWiies, list all individuals or officers, if a cOlporation, partnership, or trust. Name and Address NA g, Date subject property, acquired!:2:J leased 0 Term of lease __yrs./mos. Parcels 0024924003. 00244680008 aCQuired 10-2-03, Parcels 00245040003. 00250720004 aCQuired 3-15-05 If, Petitioner has option to buy, indicate date of option: and date option terminatcs: , or anticipated closing date h. Should any changcs 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 applicwlt, or agent on his behalf, to submit a supplemental disclosure of interesl form, 3, Detailed lee:al description of the property covered bv the application: (If space is inadequate, attach on sepw'ate page,) If request involves change to more than one zoning district, include separate legal description for propeliy involved in cach district. Applicant shall submit four (4) copics of a rcccnt survey (complcted within the last six months, maximum I" to 400' scale) if rcquircd to do so at the pre-application meeting, NOTE: The applicwlt is rcsponsiblc for supplying the correct legal description. If questions arise concerning tbe legal description, an engineer's certification or sealed survey JIlay be required. Section: 11 Township: 49S Range: 25E Lot: Block: Subdivision: J&C Industrial Park Plat Book_Page #:___ Property LD.#:_See itelll g. above, Mctcs & Bounds Description: Please see attached legal dcscription on the cnclosed DI'OOel'lv survev. ___'_'______,_.._,__, ___'________ 4. Si:tc of proPcl1v: :Ie 150 ft, X ~1lL.f1. = Total Sq, Ft. Acres " I. 83 5. Addl'css/!!cncrallocatiolJ of subicct Ill'opcrty; Southwest Corner of Airport Road & J&C Blvd, APPLICATION liaR PUBLIC HEAllING FOR STANDARD REZONE- 4/14103 ,:'...genda \tern No. 17 A January 29, 2008 Page 34 of 61 6. Adiacent zoning and land use: Zoning Land use N I Retail flooring sales. transmission repair, freight delivery. S C-4 Automotive Sales at19 Servige____ E RMF-12 Multi-Fatnily Condominiums across Airport Road, w I Used Automotive Sales Does the owner of the subject prope.ty own property contiguous to the subject property? If so, give complete legal description of cntire contiguous propclty. (If space is inadequate, attach on separate page), Section: 11 Township: 498 Range: 25E Lot: Block: Subdivision: Plat Book_ Page #:___ Propcrty I.D,;I/: Metes & Bounds Description: , Please see attached legal description (Exhibit A) 7. Rczonc Reqncst: This application is reljuesting zoning district (5) to the _!=-4 a rezone fi'om the I-Industrial zoning district(s), Present Use of tbe Property: Vacant - previously LP distribbltion and Restaurant Proposed Use (or range ofuscs) of the properly: Automotive Sales and Service 8. Evaluation Criteria: Pursuant to Section 10.03,05,0. 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 Conunissioncrs shall bc based upon consideration of the applicable critcria noted below, Provide a narrative statement describing the rezone request with specific reference to tbe criteria noted below. Include any backup materials and documentation in SUPPOlt of the request. Responses to the cvuluation crifeda are attached us Exhibit 'B' APPLICATION I-OR PUBLIC HEAJtING FOR STANDARD REZONE -4/14/03 Agenda Item No, 17 A January 29, 2008 Page 35 of 61 Standard Rezone Considerations (LDC Section 1 0.,0.3,0.5, G.) 1. Whether the proposed change will be consistcnt with the goals, objectives, and policies andfuture land use map and the elements of the growth management plan. 2, The existing land use pattern. 3, The possible creation of an isolated district unrelated to aqiacent and nearby districts, 4, Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5, Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary, 6, Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Vi11ether the proposed change will create or excessively increase traffic congestion or create types of trafflc deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public sqfrty. 8, Whether the proposed change will create a drainage problem, 9, Vi11ether the proposed change will seriously reduce light and air to ac(jacent areas, 10. Whether the proposed change will seriously affect property values in the ac(jacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulatio;)s, 12, Whether the proposed change will constitute a grant of.\pecial privilege to an individual owner as contrasted with the public welfare, 13. Whether there are substantial reasons why the property cunnot be used in accordance with existing zoning, 14, Whether the change suggested is out of scale with the needs of the neighborhood or the county, 15, Whether it is impossible to find other adequate sites in the countyfor the proposed use in districts already permitting such use. APPLJCA nON FOR PURI.le HEARING I,On STANDARD REZONE __ 4/14/03 Agenda Item No. 17 A January 29, 2003 Page 36 of 61 16, The physical characteristics (lithe property and the degree afsite alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code c/1. 106, art, 11], as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the puhlic health, ,vafety, and welfare, 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities havc adopted such restrictions. You may wish to contact the civic or propeliy owners association in the arca for which this use is being requested in order to ascertain whcther or not the request is affected by existing deed restrictions. ] O. Prcvious land use Ilctitions-on thc subicct propertv: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal reQuircmcnts: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-appiication meeting. a. A copy of the pre-application meeting notes; b. If this re7.0nc is being rcquested for a spccific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8Y:." x 11" copy of site plan], drawn to a maximum seale of I inch equals 400 feet, dcpicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental AdvisOlY Board (EA13), or CCPe]; . all existing and proposed structures and the dimensions thereof, . provisions for cxisting and/or proposed ingrcss and egress (including pedestrian ingress and egress to thc site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilitics (as well as location of cxisting utility services to the sitc), . proposed and/or existing landscaping and buffering as may be rcquircd by the County, c. An architectural rendcring of any proposed structures. APPLlCATION Fun J'UllLlC HEARING [<OR STANDAIW REZONE -. 4/14/03 Agenda Item No, 17 A January 29, 2008 Page 37 of 61 d. An Environmental Impact Statement (ElS), as required by Section 10,02.02. of the Land Development Code (LDe) , or a request for waiver if appropriate, e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twclve months), minimum scale of one inch equals 400 feet, shall be submitted. Said acrial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with FIQlida Department of Transportation Land Usc Covel' and Forms Classification Systcm. Additionally, a calculation of the acreage (or square fcct) of native vegetation on site, by area, and a calculation and location(s) of the required pOltion of nativc vegetation to be preservcd (per LDC Section 3.05,07.B.1 ,). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic lmpact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver appiication if propcrty is located within an arca of historical or archaeological probability (as identified at pre- application meeting); i. The pctitioncr must provide a letter of no objection ii"Om the United States Postal Service prior to submittal of the application, Please contact Robelt M, Skcbc, Growth Management Coordinator at; U.S, Postal Service 1200 Goodlette Road Naples, Florida 34 102-9998 Phone (239) 435-2122; Fax (239) 435-2] 60 j. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application mccting, including but not limited to any required state or federal permits. Section 10.03.05,B.3. of the Land Deyclopment Code requiI'es an applicant to rcmove their public hearing advel.tising sign (s) after final action is taken by the Board of County COlllmissioners. Based 011 the Board's final action on this item, please remove all pllblic hearing advel.tisillg sign (s) immediately APPIJCATlON FOR ')lJnLlC HEARING FOR STAN}).'\Rn HEZONE ~ 4J14/fJ3 .~q9nda !:em ~Jo. 17.14. - January 29, 2003 Page 38 of 61 c REZONE. STANDARO (RZ) APPLICATION SUBMITT AL CHECKLIST 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 SUMBITT AlS WilL NOT BE ACCEPTED, # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED .-. AddiUonClI set If located in the Bayshore/Gateway Triangle X Redevelopment Area 1 Comoleted AoolicatJon (download from websile for current form) 20 X ~- -- --..._- Pre~AppHcotlon meetin9. notes 20 X Oeed,/Legal's ' , ._~~--- ,- 2 X ---.- --~-_. List IdentifYln9-9w_ner & 011 parties of corporation 2 X Owner j Agent AffidavIt signed & notarized m 2 X - .. COlnpreted Addressing Checklist __.__ 2 X ._- Environmental Impact Statement lEIS) and dlgltaljelectronic copy of EIS or X exemption lustlfication 4 .' Historical Surveyor waiver request 4 X m'_~ ---- Utillty Provisions Statement v.::bketche_s 4 X --~-..._~. -~ Survey, slQned & sealed 4 X Traffic Impact Statement. illS) o~.~~iver . "_U__ 7 X Recent Aerial Photograph (with habitat areas defined) min scoled 1 "=400' X 5 Electronic COI'W of all documents and nlans (CORam or D1skette) _._--~.__._--~ -- ___1 X ... Iflocated in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr, Gerry], Lacavcra, State of Florida Division of Forestry @239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03,08,A,2.a,(b)i.c, Fees: [gJ [gJ [gJ o o [gJ [gJ Application Fee, $6,000 + $25 per acre $100,00 Fire Code Review $750,00 Comprehensive Planning Consistency Review $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre.. applicallon meeting shall not be credited towards application fees and a new pre~application meeling will be required). $2500.00 Environmental Impact Statement review fee $729.00 Legal Advertising costs for CCPC meeting (to be reconciled \Jpon receipt of invoice from Naples Daily News), $363.00 legal Advertising costs for Bee meeting Fee Total $ 7.987.75 4td'~'f~ Applicant/ Agenf Signafure B/;zq 40 Dale APPLICATION VCR I)UBLlC HEARING FOil STANDAJW REZONE- 4/14103 .!\genda Item No, 17 A January 29,2008 Page 39 of 61 AFFIDAVIT We/I, Tom Myers and Jon Myers _ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised unti/this application is deemed complete, and all required information has been submitted. As property owner Wellfurther authorize Tim Hancock & Chris Marsala our/my representative in any matters.regarding this Petition to act as Tom Myers l)>ped or Printed Name of Owner The foregoing instrument was acknowledged before me this ,0> day of ft vb, 200b_, bY~_who i, personally known to me or has produced as identification State of Florida County of Collier ~cl.",'IJ"'J. "<;I.ttir~{:-t. it: \ti . . . ~ ~-1:".,~1i ,P'r,,\il BONNIE L NEYHART MY COMMISSION I DO 582318 EXPIRES: October 8, 2010 Bon(/~d Thru Notary Publlo UndirwrtBrll (Signature of Not my 1 Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) A)'PLlCATION FOR J'lJRUC HEARlNG FOI~ STANDARD REZOl'iE _ 4114103 <tco....- I,-D~ ~O_ ,N 0 o -0 Z?23"'1" E >. 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() .,('04= ~~%~.ool ~B~i~ ~~)j~~ S ~,,::...~ hiSl!l~ ~ :a:Ngz opz g ~~~~i!; ~~6~g go ~~~~Ij g~ll!i!;i5 !l o..z ~ tt <) ;!~~~= ~~a~~ r;g(/)(!)O r--." u8 ;:)~....:z:"'" ;;li~z . ~A.~~ti ~~;251. ili!ilj ~ l" l:l!il!i~ *~~~:li8 ;2i5~z~ ....0 IO%:Via; ot- ~....w(!)W _. ..10.1 m ..o~~ ~;:~~~ z7iS...~ ....lX a:::. Wtll~o. ",O(!J ..... U ",::J:: ~~6:~ i5!iti~B o.(I1:iO(l1 ~~~O:::lI) o '" x 8 o ll! ~g a .. "''' !Q 08 5 ~~~ m 05 3: 0 i!;i!: ~' I:J'" !l!~ fl6 "," ~~ 5 "s ul i:z: !E ::C;;c I.>J ill' i:l 8~ ~ cdi 0 ~- ::: 0..0:: frl o~ OJ <0 " ~'" ~ '" '" o oi '" " l:l '" :s ~ 6 I '" ~ ~ x ... " i I ~ g i a ~o 3 3 0 ':!... ~ ~o t; w~ ~ ;:~ iil Agenda Item No. 17 A January 29, 2008 Page 41 of 61 Mvers Enterprises of Navies, LLC Rezone Avvlication EXHIBIT 'B' 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan, The proposed rezone from I-Industrial to C-4 (General Commercial District) is consistent with the Future Land Use Element of the Growth Management Plan under the Office and In-fill Commcrcial Sub district as evidenced by the following: l. The parcel is located within the Urban Mixed Use District and is small (+/ - I. 83 acres) in size. 2, The subject propcrty abuts Airport Road, a roadway classified as an arterial roadway. 3. The rezone is being requested for the entirety of the parcels as described in the rezone application, all under the ownership of Myers Enterpriscs of Naples, I,LC. The parcel is less than 12 acres in size, 4, The site abuts commcrcial zoning on both sides, To the South is Naples Dodge, zoned C-4, To the NOlih across a public right of way lics Industrial7.oned land which under section I.A,6,n, of the Future Land Use Designation Description Section of the Future Land Uses Elemcnt statcs "For purposes of this Sub district, propcrty abutting land zoned Industrial or Industrial PUD, ", shail also qualify for commercial zoning so long as ail othcr critcria under the Office and Infill Commcrcial Sub district arc met. 5. The abutting zoning lies within thc unincorporated portion of Collier County. 6. The depth of the property does not cxceed the dcpth ofthc adjacent zoned C-4 and r properties, 7. The request is for C-4 zoning which is consistent with the C-4 zoning to the South, the highest intensity ahutting commercial zoning district. 8, Thc subject property was not crcatcd to take advantage ofthis provision and was in its current configuration prior to Octobcr 28, 1997. 9, Commercial zoning under this provision has not been applied prcviously to adjacent parcels. Thc C-4 zoning to the South was created prior to the adoption ofthis provision in 1997, 1 0, This rezone is an aggregation of property under the same owncrs as the adjacent land to the South. Thc proposed plan of development integrates the two sites via intcrconnection, 11, The project will be served by central water and scwcr, l2. The project will be compatible with existing land uses and permitted future land uses on surrounding pl'Opelties, To the West lies an existing Ag2nda Item No. 17.A. January 29, 2003 Page 42 of 61 used aulo sales fa<;ilily in Industrial zoning, New and used automotive sales and service is compatible with both commercial and industrial land uses and is therefore transitional in nature between the two zoning categories. Furthermore, the requested rezonc will "promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base" consistent with Objective 1.3 oftbe Economic Element ofthe GMp, This zoning will permit the development of Naples Mazda, a new "point" for Mazda USA that wil1 for all intensive purposes replace a prcvious Mazda dealership that went out of business several years ago, The failurc of that dealership left many Mazda vehiclc owners witbout a local option for the service of their personal or eommcrcial vehicles. Granting this zoning request wil1 fill a need for existing and future residents and will directly create approximately 30 new jobs in a year round business that is not tourism or development based, thus diversifying available employment in tbe community. Tbis is in direct support of Policy 1.3,8 of the Economic Element. These objectives are bcing furtbered without direct assistance from Collier County. The proposed rezone also furthers the goals, policies and objectives of the GMP tbrough an integrated plan of development with the adjacent Naples Dodge propcrty, Thc subjcct property fronts on both Airport Road and J&C Blvd. Previous development on these properties accessed J&C Blvd only via 5 driveway connections. The existing Naples Dodge site has access from AirpOli Road via a shared access drive with the Pinc Air Lakes development. The attached Conceptual site plan shows a fluid intercotmcction consistcnt with Policy 7,3 of the CiMP. Additionally, pedestrian connections from the proposed building to existing sidewalks and the Naples Dodge facility will permit increased pedestrian flow to and from adjacent streets as well as the adjacent propeliy which is consistent with Policy 7.4. Due to these reasons in part, the proposed rezone request irom I (Industrial) to C-4 (General Commercial District) is consistent with the future Land Use Element of the Growth Management Plan. 2. The existing land use pattern, The existing land use pattcrn is predominantly developed commercial and industrial uses ranging fi'0ll1 flooring sales and installation to freight shipping and transmission repair, The proposed automotive sales and service facility is both complimentary to and compatible with the surrounding land uses. ], 71w possible creatiol1 olcm isolated district unrelated to adjacent and nearby districts, Agenda Item No, 17 A January 29, 2008 Page 43 of 61 The proposed facility will be connected to the existing Naples Dodge Automotive dealership and has been designed to be integrated for transportation purposes, Similarly, the dealerships are owncd by the same principals, Secondly, immediately to the West of the subject propeliy is a used car sales business in cxisting Industrial zoning, as is a transmission repair business located to the North across J&C Boulevard. The proposed zoning and subsequent land use will nol create an isolated or unrelated land use, 4, Whether existing district boundaries are illogically drawn in relalionto existing conditions on the property for the proposed change. The existing district boundaries are not illogically drawn, The small nature of the parcels howcver makes them difficult to develop for industrial usagc due to the narrow depth (150 feet) of each lot. Typical Industrial uscs are dependent on large truck delivcrics and as such thcse parcels are not well situated to accommodate such traffic. The proposed zoning will serve to integrate the subject properly with the adjacent properly. 5, Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary, The closing of the Amerigas site forced the issue ofthe redevelopment of this site, which was determined nol to have substantial value as a stand-alone industrial parcel. Based on the pre-existing retail busincsses to the N01ih and South of the Subject propcrty and its location on a signilkant arlerial roadway, a rezone to permit a more retail oriented use of the property will serve to improve the aesthetics and function ofthese parcels for both the propeliy owncr and the community, 6, Whether the proposed change will adversely influence living conditions in the neighborhood. Conversely, thc proposed chunge will improve conditions in the immediate neighborhood, The proposed dcvclopmcnt will apply the Counties architectural guidelines to a sitc which previously contained Industrial LP gas distribution tanks, opcn loading docks and a restaurant located in a mctal building, Currently 5 driveway connections exist to J&C from the snbject properties. The plan of developmcnt limits the number of connections to 3 and will use restricted openings and diverters where appropriate to improve the flow of traffic in the immediate area. 7, Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic. including activity during construction phases of the development, or otherwise affect public safety, ,L\genda item t'4o. 17 A ,January 29, 2003 Page 44 of 61 The proposed development when compared with the prior uses will reduce traffic and will be entirely compatible with surrounding land uses which contain identical or similar land uses themselvcs. No public safety concerns are anticipated resulting from the rezoning of this land. 8, Whether the proposed change will crea/e a drainage problem, Thc subject property is located within <Ul existing drainage basin under the review an approval responsibility ofthe South Florida Water Management District and will be required to obtain water managcmcnt permits from them in order to re-develop the site, Preliminary analysis indicates that the proposed development will inercase pcrvious areas over the previous land uses and will thus discharge Icss runoff, 9, Whether the proposed change will seriously reduce light and air to adjacel1l areas, The proposcd plan of development is located in a heavily developed industrial / retail area and as such, light and ail' are not anticipated to be reduced to the adjacent properties from the re-development of this site. /0, Whethcr the proposed change will seriously affect property values in the adjacent area, As referenced in itcm #5 above, the proposcd change will permit the development of a facility that will be fully compliant with the County architectural guidelines, result in increased landscape buffering and plantings and result in an aesthetic improvement over thc previous land uses, 11, Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations, The proposed zoning and plan of development will have no effect on the development of adjacent propelties under existing reguiations. 12, Whether the proposed change wil/ constitute a grant of special privilege to an individual owncr as contrasted with the public welfare, No, The proposed change is consistent with the GMP and through the approval of the SDP process will be brought into compliance with the current LDC standards. Through these processes, a benefit to the public welfare will accruc, In addition, the granting of this zoning will permit the estabiislunent of a new business in Collier County that will serve existing and future residents, Agenda Item r>Jo. 17/\ January 29, 2008 Page 45 of 61 13, Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Under the existing zoning, the parcel could be used for the more intensive uscs of automotive repair, and vehicle storage. The proposcd change in zoning will add only the ability to transact sales of vehicles on the property, Should the site not be rezoned and developed in conceli with the adjaecnt dealership, the narrowness of the pareel makes it very difficult to provide interior circulation on the site and when combined with the typical needs of an Industrial cnd-nscr, the parcels would not be able to serve the majority of those users, 14, Whether the change suggested is oul of scale with the needs oflhe neighborhood or the county, The proposed development would provide for a Mazda dealership in Collier County where none exists today, By re-opening this market (the prior dealership is no longer in business), service can be provided loeally for Mazda vehicles and a broader choice of autos can be provided to the consumer. This is viewed by the applicant as a bencfit to the residents ofthe County. 15. Whelher il is impossible to find other adequate sites in the countyfor the proposed use in districts aiready permitting such use, Automotive sales and service facilities are limited to C-4 and C-5 zoning which is the more intensive variety and difficult to find in areas that would be acccptable for this type offacility, Automotivc dealcrships must bc locatcd in eentral, easily accessible areas (or a numbcr ofrcasolls and the physical location of this facility immediately adjacent to another deakrship makes the subject property even more uniquc and appropriate for the intended use, 16, The physical charac/erislics oIthe properZY and Ihe degree afsite allera/lun which would be required 10 make the properly usable jor any of the range of potential uses under Ihe proposed zoning classification. As eompared to the previous users, the degree of site alteration required is minimal. Utilities such as water, sewer, electric, phone, etc. are already servicing the property and thc prior land uses had a high dcgree of impervious surface arca. As such, the primary alteration will be the vertical construction of building for the sales and service facilities and the installation of required landscaping. 17, The impacl of development on the availability of adequate public facilities and services consistent with the levels of service adopled in the Collier County growth management plan and as defined and implemented through the Collier Ag;:mC!3 item ~~o. 17.4. January 29, 2003 Page 46 of 61 County Adequate Public Facilities Ordinance [Code ch. 106, art, If}, as amended. The proposed development will certainly placc a reduced demand on water and sewer whcn compared with the prior use of a restaurant. Additionally, the trip generation will be improved, so no negative public facility capacity i~sues are associatcd with this zoning action, 18, Such otherfactors, standard1, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare, The following factors at a minimum should bc considered as improvement to thc public health, safety and welfare resulting n'om the proposcd plan of development: 1. Reduced trips whcn compared to prior uses. 2, Improved appearance due to compliance with cun'ent architectural codes. 3, Improvcd and increased site landscaping. 4, Rcduccd driveway cuts on J&C BOlJlevard, 5. Lower impact to County Utilities (water and scwer), 6, The reinstatcment of a Mazda dealership to service existing customers. 7, Increased .lob opportunities in a variety of areas. 8. Improved traffic flow due to conncctivity with thc Naples Dodge facility, Agenda Item No, 17 A January 29, 2008 D of61 DAVIDSON ,ENGINEERING CIVIL ENGINEERING' PlANNING. LAND DEVELOPMENT SERVICES Naples Mazda Intersection of Airport Road and J&C Boulevard RZ-2006.AR_10422 i'mject: 19993270 Date: 8/31/2006 REV: 1 DUE: 10/4/06 Transportation Impact Study Prepared For Myers Airport Road Naples, Florida 34109 239- Prepared by Davidson Engineering, Inc. 2154 Trade Center Way Naples, Florida 34109 July 2006 (' STATEMENT OF CERTIFICATION I celtify that this Tmffic Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and TranspOltation Engineering. Jam all, P.E. .E. RegistratIOn No. #57155 2154 Trade CenlerWay, Suile #3, Naples, Florida 34109, Phone: 239.597,3916. Fax: 239,597,5195 www.davidsoncngineering.com /\osnda item f\Jo. 17 A ~ J3nuary 29,2008 P ,4 of61 DAVIDSON ENGINf-ERING Introduction The Naplcs Mazda dealership is a total +/-1.53 acrc automobile sales and service facility located on the southwest comer of Airport Road and J&C Boulevard, in Section 11 South, Township 49 South, Range 25 cast, Collier County, Florida, Existing Conditions The site was previously used as a storage depot and distdbution center for Amerigas, a liquid propane dealership and Teo's, a small restaurant. The site is currently vacant. Proposed Improvements Two buildings are proposed for the site: a 9976 SF building envelope for a sales center; and, one a 7942 SF building envelope for a vchicle parts and maintcnance center. In addition, a parking lot for for-sale vehiclcs, cllstomers and employces, water management areas and utilities will be constructed, Trip Generation Trip generation rates were derived from Trip Generation. Seventh Edition, Institute of Transportation Engineers, Land use categories and their associated square footages used for the project arc listed below. A) Number of units (i.e. dwelling units, square feet, etc.) Total 17,918 SF New Car Sales (including p311s and maintenance facility) B) Description of development and lTE category for trip generation. Thc ITE category used for this trip generation is New Car Sales Ccnter (LUC 841), The proposed land use is tor a New Car Sales Center (LUC 841). This use is compatible with the definition in the Land Use Code (LUe) in 1hp Generation, The indepcndent variable is 1000 SF GFA. Thercfore, X = 17.9, The size ofthe proposed facility, the number of data points available, and the other parameters necessary to detcnnine the best method of analysis lead to the nse of the weightcd average rate. Thereforc: The average rate = 2 1,03 trips per 1000 SF OF A for a Saturday (Trip Generation, page 1481), Table 1 Trip Generation Saturday 376 2 Agenda Item No, 17 A January 29, 2008 P of61 DAVIDSON ENGlNEERlr"lG If we assume that the peak hour on Saturday will approximate the peak hour on a weekday in terms of disnibution, we can use about 10% for peak hour. This would give about 38 bips p~ak hour, with a 50/50 entering/exiting split (19 trips each way). Trip Distribution From knowledge ofthc area and fi'Om an analysis ofthe existing background traffic, we believe the following directional distribution is appropriate: Table 2 Directional Splits Background Traffic NB SB EB WB Percental!e of total* 40 40 10 10 * Percentages are based on two count stations (503, Airport Road nOlth of Pine Ridge Road and 631, J&C Boulevard), Airport Road canies about 46,000 VPD and J&C Boulevard canies about 12,000 VPD. Assuming a 50/50 split east-west and north-south, gives the approximate percentages shown. Figure 1 Trip Distribution Legend: XX% ~ App, Trip Distribution (X) ~ App. Peak Hour Directional Split 3 Aaenda 118m No, 17/\ ~ January 29, 2008 P pCOof61 DAVIDSON tNGINEERING Table 3 Impacted Segments ID# Segment Service Volume BT TB RQ PT LOS 2 AirpOlt Road 3.970 2,100 487 1383 17 C Vanderbilt Beach Road to Pine Ridge Road . BT= Background Traffic (Existing) . TP= Trip Bank . RC= Remaining Capacity . PT~ Project Trips . LOS = Level of Service Concurrency Analysis The requirement for concUlTe!,\cy compatibility is that the project's traffic shall not exceed 1000 trips ADT or 100 VPH in the peak hour. The total daily traffic expected from this facility will be on a Saturday with about 376 trips. The peak bour expected volume from this facility will only generate about 38 trips. This figure is well under the threshold for a full TIS and no further analysis needs to be perfonned. Conclusion Based on a LOS C for the impactcd roadway segment, the proposed site's net new trips on the network will have an impact of Q,43%, 111erefore, we conclude tllat the proposcd New Carc Sales Center will not have a negative impact on the adjacent roadway network. 4 ORDINANCE NO. 07.~ AN OROINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR A SMALL SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE NO, 89-05, AS AMENDED, SPECIFICALLY: AMENDING THE FUTURE I.ANO USE MAP AND FUTURE LANO USE MAP SERIES (MAP OF ACTIVITY CENTER NUMBER 13) OFTHE FUTURE LAND USE ELEMENT, TO CHANGE THE DESIGNATION OF 9,95 '" ACRES, FROM AN URBAN INOUSTRIAL olSTRICT TO AN URBAN COMMERCIAL DISTRICT, MIXEO USE ACTIVITY CENTER SUBDISTRICT (#13); LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST; PROVIDING FOR SEVERABILITY ANO AN EFFECTIVE DATE. WHEREAS, the Collier County Board 01 County Commissioners adopted the ClOWer, County Growth Managemenl Plan (GMP) on January 10, 1989; and , , WHEREAS, the Comer County Board of County Commissioners adopted.~.the Future '; Land Use Map and Map Series on January 10. 1989 and Ihe Future Land Use Map'seri';~ of the GMP depicting site specific boundaries for Activity Centers, on May 9, 2000, and WHEREAS, the request Is for an amendment to the Future land Use Element, Future Land Use Map and Map Series, which includes the Activity Center Number 13 Map, Involving lass than 10 acres of land; and WHEREAS. Timothy HancocK of Davidson Engineering, Inc_, representing Jonathan Myers and Thomas Myers, of Myers Enterprises of Naples, LLC and Naples Dodge, Ine" Ihe applicant, has submluad a request to amend the boundaries of lllS Actlvity Center Number 13 Map, as depicted on the Maps that are a part of the Future Land Use Map-and Map Series of the Gallier County GMP, to oxpand the Aclivily Center by 9,95:1: acms, and correspondingly to amend the boundaries ot the Urban Industrial District, as depicted on the Future Land Use Mop, to contract the Urban Industria! Dlslrlct by 9.95;1; acres; and WHEREAS, the amendment does not involve a revision to the text of any of the Goals, Objoctives, or Policies of the GMP: and WHEREAS, pursuant to Subseellon 163.3187(1)(c), Florida Slatutes, this amendment Is considered a Small 8cale Amendment; and WHEREAS, all applicable substantive and procodural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF SMALL SCALE AMENDMENT TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES, l\aenda Item No. 17 A " January 29, 2008 Page 51 of 61 This Ordinanca as described heroin shall be known as the CPSS.2007~1, Small Scale Amendment to the Future Land Use Map and Map Series of the Collier County Growth Management Plan. The boundaries of Activily Center Number 13, as d9picted on the Future Land Use Map and Map Series of 'he Future Land Use Element, are hereby amended as depicted on Exhibit A, attached hereto and incorporated by reference herein, and the boundaries of the Urban Industrial District, as depicted on the Future land Use Map, are hereby amended as depicted on Exhibit A, attached hereto and incorporated by reference h~rein. SECTION TWO: SEVERABILITY, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdict[on, such portIon shall be deerned a separate, distinct and independent provision and such holding shall not affect the valid~ty of the remaining portion. SECTION THREE: EFFECTIVE DATE, ThiS Ordinance (Small Scale Amendment) shall not become effective until 31 days after its adoption. If challenged within 30 days atter adoption, this Ordinance shaH not become effective until the Department of Communily Affairs or the Adminlstration Commission, respectively, issues a finol order detonnining the adopted Small Scale Amendmont to bo in compliance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collior Counlythis II day of ~,2007, ATTEST: DWIGHT E, BROCK, Clerk, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~U ~.iAtlJ,()C' . , ,D uty Clerk Atttn' n to t~ I "gn.tllN onl. Approved as to form and logo I sufficiency: By: J ES COLETTA, Chairman -~ a Marjori . Student-Stirling, ASSistant County Attorney CPSS-2007 -, Adoption OrdinsN:o 2 Thls ordlnonca filed with tho Secretory of Stato's Office the ..i~ day of~""w .., 1!!:L"", (lnd ackr.owl~dgcmet1t of mot filing raccived this _~ day , ~c_k.... '2DCf7 "._--::rJ;":c,,~_v /j--"'- f3Y~c~.J:::::..J- .Ag8nda Item f~o. 17 A January 29, 2008 Page 52 of 61 I ~ . i i! . . :!tl ~ ;1 ~ ~ I >. ~ I I ..., ...' ""\ ..' "" il ! L-, . . ~ - '" Hl! I "\lb Ii, ! nu I' !! I~;. ltr It; III <, 'i' t.; <(XI....- (,-.OeD -,~ '0 'M .::....~L...) =~~ ~C'Oro -"0.. C1l c -oC1l c-, Q) OJ <( Exhibit A CPSS-2007 -1 ----'- ... Ii i I !I 'i '''1._,,. ------ -- - '--'_"__M-"-~__',", <too~ ,,-0<0 ~o~ .N 0 o '.,,- Z~l.'") E >. ill Q) ~ 0) ==~ro ",_0. -o~ ~~ T (a $ T US; ~ 1US <t~ I i ~~ -- ~ III q ;11 -j!,j z I it ~! 'i I 'Ii i -! il ,II, Q._ ~ ~.. ~i l~i'l.';l' ~ I I d ,jlBi I ~lf,!!jl Q.. : I O..[j~ lo!f\~n.1 'S I : i I I i I I, I I! i ,I _I Pllt!!IWI'I-~1 I !ll n I il!! !1~11,,1l! I 1\ I 11!!I! -11~l~!i~illl!jlllflllll md o _m I [It IllII.B tJ~1 i I fT' .~ I ! :'1 - ,! Hi'I!' ',' : j i t lil ~ 1 Ii' [(, i; ~ ~ I I ! It! 'I!lli! I 1!\l1I ' __ 'I! i I ,ii' Hii-II,II'1 ! Wi"' l'll II H,!'j!!!liHlljl"j ill !:l::' ; ~1~o~~i!,I~IH1li\ lilnl Hi Hni! .. . ..ra Ea.. .It -[kiltS _ . .;;DC!: ~ I II i I l [Ii .' r- _.:;;,.~u_.._ " f- . iil 0 ~ : , ---~"---~-J /i/ I ....' : ~ I la,rnn' 1 ' . - . - . N :: :E I I - ~ ~ Ill! . ~: ~ 1111 : ': I ili - ~ ~ ~ HlI ;: ~ ~ I ~ => . .... LS~"l f- 9 l) ~ ltJUlO i]3f-ofa ~t ~V,j~ ...~ "- 4. " l)" ", -, e>. ' I ii " l'li! Oll; LI , -~ t : ii, , IiI ~ i!i '" ,,[ \h y.LtO (;,01 .r Ii n 1 __I .atl I.__.~ It 1 stel S; ill 1 ., SUt , , ~ , 1- , !- " ~ :; STATE OF FLORIDA} COUNTY OF COLLIER) I. DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Col:U.er County, Florida, do hereby certify that the foregoing is a true and C01~rect copy of: ORDINANCE 2007-86 Which was adopted by the Board of County CommiBsioners on the 11th day of December, 2001, during Regular Sco~ion. WITNESS my hand and the official seal of the Board of County Commissione:t's of Collier County, Florida, this 14th day of December, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissionerf:l fuw ~().G- By: Ann Jennejohn, Deputy Clerk Agenda Item No, 17 A January 29, 2008 Page 55 of 61 Aaenda 1t9m No. 17.6. ~ January 29, 2008 Page 56 of 61 ~~'~.{/jl;~ ~!Ilal.t. 5935 Taylor Road Phone (239)594-8494 Naples, Florida 34109 Fax (239)591-3940 SIGNS' MAILBOXES' ENTRYWAYS . STREET SIGNS' VEHICLE GRAPHICS' ROUTED SIGNS OIGITAL IMAGING' CLUSTER MAILBOXES' STREET l.JGHTS . CHANNEL lETTERS . ALUMINUM RAIUNG COLUMNS' SANDBlASTED' MONUMENTS' BRASS' BRONZE' UGHTEO CAN SIGNS' A,D,A SIGNAGE November 5~ 2007 Mr. Marl< Strain Chainnan of Planding Commission 2800 North Horseshoe Drive Naples, FL 34104 Mr, Strain, We at Lykins Signtek have a long history of being pro-growth for Collier County and its citizens. We also realize pr08growth comes with costs. Jt is our opinion that the intersection of J&C Blvd. and Airport Pulling Road cannot handle the additional traffk without changes, If the request from Myers Enterprises Of Naples LLC came with the appropriate intersection changes- we would be all for it. Ifnot-~O- we just can1 handle the additional traffic. Sincerely, p~ James R. Stephenson, VP 10/22/2007 10:20 2395982808 _ PELICAN GLASS , Agenda Item No, 17 A c!F\!lGE'rY01!1e?003 Page 57 of 61 Pelican GlasS &. MirrOr Co. Collier Co. license #1l~ Lee Co. #GL000023 2318 J & CBoulevard Naples, Floridcl34109-2048 239-598-280$ FACSIMILE FACSIMILE TItANSMITT"L Date: ~ber 22, 2007 140. of Pages: 1 (liIcIud'ng t:tNer Shoot) ~x: 643-6968 From: Sam Smart TO: wm~ Brown, AICP Firm: Co~. Development i Re: RezotIe Petition RZ-2006-AR-.0422 i , An analysis of the Naples Mazda rr.lhsportation Impact Study induded with the referencei rezoning petition reveals the Information Presented Is incomplete and flawed. The additional trafllc which would be generated by the dealership is represented to be 376 trips per day. eightY percent (80%) Is assumed to be north and south boond traffic on Airport Road. llIble 3 entitled 'Impact Segments" only considers Airport Road. , I ALL "tRAffIC WILL HA VE TO nt4 VERSE JfJ.C BOULEVARD AND ALL TRAffIC WTLL IMPACT THE J&C/AIRPORr INTERSECrION. Please realize that three J&C a$g points al;! proposed within! 500' of the intersection. No diSQJssion or evaluation 'is induded in the repOrt for either J&C Boulevard or the intersection. Three simple 4uestions which have been ignOred should be answered: 1. Does J$..c tramc currently exceed the prescribed capacity? 2. Does tile J&C! Airport intersection currently exceed capacity? 3. Is the jac; Airport intersectlon currenfly ranked among the County's ten worst accident locations? ' What Will be the Impact if an additional 376 daily hips are aUowed? The Collier County Transportation Department should be involved and respond to the Questions. Thanks, -~-.",. ~ __..r - Sam Smart 2391598-2800 Phone 239/593-2808 Facsimile r':\,cenda item No, 17 A - January 29, 2008 Page 58 of 61 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor THOMAS G, PELHAM Secretary December 28, 2007 Carolina Valera, Principal Planner Comprehensive Planning Department Collier County 2800 N. Horseshoe Drivc Naples, Fl34104 Dear Ms, Valera: Thank you for submitting copies of the Collier County Small Scale Development Plan Amendment, adopted by Ordinance No( s) 07-86 on Deccmber 11, 2007, for our rccords. The reference number for this amendment package is 07S01. The Department will not conduct a compliance review or issue a Notice ofIntent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3 1 87(3)(a), Florida Statutes. If you have any questions, please contact TelTi Stolltamire at (850) 922-1804. Sincerely, IJ JJ 5 D, Ray Eubanks Plan Revicw & Processing Administrator DRE/ts ce: Ken Heatherington, Executive Dircctor, Southwest Florida Regional Planning Council David Weeks, AICP, Planning Manager 2 S 5 6 S HUM A RO 0 A K B 0 U LEVA R D TAL L A H AS SEE, F L 3 2 3 9 9 -2 1 0 0 Phone: 650-466-8466ISUNCOM 278-8466 Fax: 850-921-0781ISUNCOM 291-0781 Web 5 i t e: :."Ly.,'_!.L9_.C:..fl,-,'i_;~..L1LJJ..JL.1. COMMUNITY PLANNING .MEA! OF CRITICAl. STATE CONCERN FielD OFFICE Phona: 85Q..488-23~rsUNCOM 278-2356 Phon~~ 305-289.2402 Fax: 85U-<lIJB.3309/SUNCOM 278-3:<<)9 Fax: 305-289-2442 HOUSINO ANO COMMUNITY DEVELOPMENT Phor.e: 850..4B8.7'tl56ISUNCOM 276-7956 Fex: 85Q-921-56231SUNCOM 292.5623 Agenda Item No, 17 A January 29, 2008 Page 59 of 61 ORDINANCE NO. os-_ AN ORDINANCE OF THE IlOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED, THE COLLlER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLlSHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRmED REAL PROPERTY FROM AN INDUSTRIAL (I) ZONING DISTRICT TO A COMMERCIAL (C-4) ZONING DISTRICT FOR THE PROJECT KNOWN AS NAPLES MAZDA, LOCATED AT THE SOUTHWEST CORNER OF AIRPORT ROAD (CR. 31) AND J & C BOULEVARD, IN SECTION 11, TOWNSHlP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.83+/- ACRE; AND BY PROVIDING AN EFFECTIV E DATE, WHEREAS, Tim Hancock, of Davidiion Engineering, Inc., representing Myers EnterpIiscs of Naples, LLC, petitioned tbe Board of County Commissioners to change the zon.ing classification oftlle herein described real propel1y. NOW, THeREFORE, BE IT ORDAINED BY THE IlOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classiiication of the real property more particularly descnbcd in Exhibit A, attached hereto and incorporated berein by reference, located in Section II, Township 49 Soulh~ Range 25 East, Collier COUtlty~ Florida, is changed from an Industrial (1) Zoning District to a Commercial (C-4) Zoning District for a 1.83+/- acre project known as Naples Mazda, subject to the conditions shown in Exhibit B. The appropriate rOiling atlas map or lllaps~ as dcst.'libcd in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/arc hereby amended 8ccordingly. SECTION TWQ; This Ordinance shall be<:ome e[fe<;tive upon filing with the Department ofSt.\te. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier Counly, Florida, this _ __ _ day of _' 2008. ATTEST: DWIGIIT E. BROCK. Cl.ERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:__ , Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: . ~~ro/'MarjOriC M, Stlldent-S,jrling ")\ Assistant County Atto11lcy AClsnda item r~o. 17.A. - January 29, 2008 Pa28 '30 of 61 < E-i I . ,~ ~ ~~ ,,~ . ~ ~ ~ !:i;i ;: !,~ ~~S ~~I ~ ! I!lb!ll 'li~i ~~ !~i~~~ia s !~~~~~ . . ~; I~d~!g~~ I ~ ~~ii~g I ! ~~ .~!I~I~;: ~i a ~ ~ ~~~~~~ ~~ ~ ~ll ~ ;;~~~~~n~' :!~ S ~ ~ tU! e~ ~ ~~ ~~ h~~~IB~1 ~i g I~i ~ I ~'~I ~~ ~ ;~ i~. a~~dll~~~ ~~ ~ ~ ~ ~~;~~~ ~~ ~ *~ i~ ~~~I~nl~;~ ~ *~ i i~~liJ ~~ I :1 ;~ ~iit~~M >\1 ~ ~I ~ ?~~~~; ~I m ! i~ ~I~!~ffiin;~ ~ ~ ~ ~;~~~~ I~ 8 . II ~ .~~U~~~ I~ ~ ! ~.~~~; ~: ~ ~: ~h~g::~~ ~~ ~ ~ !ihf!~ ~j ~ ~ @l ~I sngn~U ii i ~ ~h~h i~ i ~~ ~~ W . ~I ~ ;. ~ h r;e ~ ~ ~ ~ ~ ~ Q ~~ ~~ ~~ ~~~~~~g~ ~a~~ ~~~~ ~ ~i :~ ~, ~i ~Int~~t; ~~,~g ~~~i ; Q 13 ;i ~ ~ !~ ~~~Ii;~i i~~~ ~~!~ I ! ~n ~~ 5 ~ &~ ~~Ibi~~~ e~~~ ~f~~ i ~ i! ~, i I i~ ili!!!i! i!lllIU!ll I i; m; ! i ~a ~I~;~;~~ ' ~~13 ~~g~i m ! ~i ~~ ; ~ ~ I~~~i~~~ !~~~~ @;~~~ ~ I ;~ :i ~ g i~ i~~~i~~il li&~; ~~~m; ~ g ~~, ~~ i ~ ~~ ;81; ,~i~~ ~~;I~ ~i;!~ I~ ~ ~l< ~~ ~ ~ ~I ~~ia@l:~1 ~=~a~ J.~i~~ ~b e ~I g~ ~ i ~ 5; ~~i~~~di ~ n~~~ h~~~ ~~ ~ .,., Agenda item No. 17i\ January 29,2008 Page 61 of 61 CONDITIONS OF APPROVAL NAPLES MAZDA RZ-2006-AR-I0422 l. Any approval by the Collier County Planning Commission must he subject to the adoption of the companion small scale comprehensive plan amendment, a finding of "in compliance" by the Depaltment of Community Affairs (DCA) of said amendment, and the I"lmning of the time in which an affected person can file a challenge to the DCA finding. 2, All right-of-way that is nccessary to construct the J&C Boulevard and Airport-Pulling intersection improvements, required by the Transportation Division, shall be conveyed by the developcr in fee-simplc title, free of any encumbrances or liens, to the Board of County Commissioncrs upon the Transportation Division's approval of the J&C Boulevard improvement plans, The boundaries of the required right-of-way shall be defined during the review and approval process for the intersection improvement plans, The date for this conveyance shall he detennined at the time of said approval. 3, Thc developer shall design, permit and provide right-of-way sufficient for an additional eastbound left turn lane on J&C Boulevard plioI' to Certificate of Occupancy for that additional site, 4. Any proposcd cross-section for J &C Boulevard is considered conceptual and shall rcquire final approval by the Transportation Division. The Transportation Division must approve all cost estimates related to the projcct before such an amount can be utilized for impact fee credits. 5. The development must extend the Eastbound right turn lane on J&C Boulevard +/- 70 fect and shorten thc turn lane entry taper to a kngth of 50 feel. The 'middle' ~ite access (as conceptually shown on the included plans) must align perpendicularly to J&C Boulevard and must not connect the taper for the turn lane. The horizontal layout included in this plan for the intersection of J&C Boulevard and Airport-Pulling RoaOd is considered conceptual and shall require final approval by the Transportation Division. Revised to include stipulations pursuant to 11/15/07 cepe meeting Exhibit "B"