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Agenda 01/29/2008 Item #17C i\g'3nda Item [\Jo. 17C .January 29, 2003 Page 1 of 129 EXECUTIVE SUMMARY PETITION PUDZ-2007-AR-11121, William Hoover, AICP of Hoover Planning & Development, representing Chestnut Ridge, LLC, requesting a rezone of a 6.01-acre site from the Estates (E) Zoning District to the Mixed-Use Planned Unit Development (MPUD) Zoning District for a project known as Chestnut Place MPlJD to allow 24,000 squaJ'e feet of commercial and/or office spaee and 6,0()() s(luare feet of institutional space for property located at the southeast corner of Immokalee Road (CR-846) and Everglades Boulevard on tracts 113 and 114, in Section 29, Township 47 South, Range 28 East, of Collier County, Florida OBJECTIVE: To have the Board of County Commissioners (BCC) consider a PUD rezone as noted above, and to ensure the project is in hamlony with all the applicable codes and regulations in order to make certain that the community's interests are maintained. CONSlDERA nONS: The petitioner proposes a rezone Ii'om the Estates (E) Zoning District to the Mixed.Use Planned Unit Development (MPUD) Zoning District to permit 24,000 square feet of commercial/office uses on Tract 113, and 6,000 square feet of institutional uses on Tract] 14. Tract 113, consisting of 4,05 acres of land, would allow commercial uses penTlitted in the C.I thm C-3, General Commercial Zoning Districts, Tract 1 ]4, consisting of 1.96 acres ofland, would allow a church and day care uses. The day care use shall only be permitted as a conditional use, nnless associated with a principal permitted use, in accordance with LDC requirements, The site plan clearly distinguishes between the commercial tract (Tract 113) and the institutional tract (Tract 114). Access is shown to be provided from both Immokalee Road and Everglades Boulevard. A 50,foot wide natural and undisturbed preserve area is shown adjacent to an existing singlc,family dwelling cast of the site. In addition, the 50.foot preserve area is shown in combination with 25,feet of landscape totaling 75 feet of butTer area adjacent to areas zoned Estates. Surrounding Land Uses and Zoning: The 6,0 I acre site is presently vacant and undeveloped, and has not been previously disturbed. The site is primarily sUlTOunded by vacant land. Across Imlllokalee Road to the North is Agricultural land in the Agricultural/Mobile Home Overlay (A. MHO) Zoning District. To the south is vacant land in the Estates Zoning District. Across Everglades Boulevard to the West are vacant land and the Big Corkscrew I sland Fire Control and Rescue District Building in the Estates (E) Zoning District, and to the east is an existing single. family dwelling in the Estates (E) Zoning District. Zoning Synopsis: The proposed change to the MPUD Zoning District is not anticipated to have an adverse effect upon the sUlT(lUnding area. The subject site being located at the Immokalee Road/Everglades Boulevard intersection is a highly appropriate location to provide an Chestnut Place MPUD, AR-11121 Page 1 of 10 !\genda It9m I',jo. 17C ,J3rlUary 29,2008 Page 2 of 129 opportunity for diverse uses, It's at a high tratTic impact intersection, where there is a limited variety of goods and services within pedestrian and cycling access, and there is enough acreage on-site to accommodate the required buffcring and landscape requirements in which to minimize potential impacts to future developing neighboring properties. If the rezoning is approved, pursuant to the requirements of the LDC, the petitioner would be required to provide a 75,foot wide Type B Buffer (in which parking is not allowed) abutting the estate zoned lots along the eastern and southern perimeter of the site, and a 25,foot wide Type C Buffer abutting Irnmokalee Road and Everglades Boulevard along the northern and western perimeter of the site adjacent to the agricultural lands and thc fire district building, FISCAL IMPACT: The PUD 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 the Mixed-Use Planned Unit Development is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building pern1its 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Levcl of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated transpOliation impact fees associated with the project. Other fees collected prior to issuance of a building pcnnit include building penn it review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for inforn1ational purposes only; they are not included in the criteria used by StalT and the Collier County Planning Commission (CCPC) to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property has two land use designations. Tract] 13 is within the Im1110kalee Road/Everglades Boulevard Neighborhood Center Subdistrict, as designated in the Golden Gate Area Master Plan (GGAMP), which is eligible for commercial uses. Tract]]4 is within the Conditional Uses Subdistrict, as designated in the GGAMP, which is eligible for Conditional Uses. Neighborhood Centers arc typically located along major roadways and arc distributed within Golden Gate Estates according to commercial demand estimates, The centers are designed to concentrate all new eommcrcial zoning, and conditional uses in locations where trattie impacts can be readily accommodated in an effOli to avoid strip and disorganized patterns of commercial and conditional use development. Criteria for land uses at Neighborhood Centers (on Tract 1] 3) are as follows: Chestnut Place MPUD, AR, t 1121 Page 2 of 10 /\g'2ncJa item ~'Jo. 17C January 29, 2003 Page 3 of 129 . Commercial uses shall be limited to intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C,l, C,2, or C,3 zoning districts outlined in the Collier County Land Development Code (LDC) (Ordinance 04-41, adopted June 22, 2004), except as prohibited below. {All (if the permitted uses are provided for in Exhibit A, Item 3.A of the MPUD, and are within the C-I through C-3 zoning districts.{ . Parcels immediately adjacent to commercially zoned areas within the Neighborhood Centers located at the intersections Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Uses Subdistrict of the GGAMP.{Provided for on the MPUD Master Plan.{ . A single project shall utilize no more than 50 percent of the total allowed commercial acreage. This percentage may be increased at the discretion of the BCe. {The Neighborhood Center component of this pr(iject comprises <50 percent of the total Neighborhood Center and < 50 percent (if the southeast quadrant of the Neighborhood Center.] . The project shall make provisions Itlr shared parking alTangements with adjoining developl11cnts.{Providedfor in r.xhibit E, Item 4.A of the MPUD Document.] . Access points shall be limited to one per 180 feet commcncing from the right-of. way of the major intcrsecting streets of the Ncighborhood Center. A maximum of three curb cuts per quadrant shall be allowed. {Based upon access depicted on the revised MPUD A/aster Plan, both access points appear to be at least 180'.fi'om the intersection right-(if-way.{ . Driveways and curb cuts shall be consolidatcd with adjoining dcvclopmcnts, whcnevcr possible. {Based upon access depicted on the A/PUD A/aster Plan, the access point on Immokalee Road is shared beh,'een the portion of the site inside the Neighborhood Center and the portion outside of it. Though the access point on Everglades Boulevard is not proposed as shared access with the parcel to the south, a cross' acee,"ls euseJllenf is proposed.! . Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment, exccpt whcn the roadway mcdian between the two parcels has no opening. {This has not been addressed in tIle l,IPUD, however, in the applicant's re,\ponse, "access on the west side of Everglades Boulevard referred to is not a legal access for the .fire department, but rather a dirt lane that appears to be no longer used. l1te key factor here is we have pushed the driveway along Everglades Boulevard to asfar south as possible to share it with the at(joining property to the south and at the request (if the County Trall.\portation Sen'ices Department for traffic safety and flow pll/poses." Chestnut Place MPUD. AR,l1121 Page 3 of 10 Ilem No. 17(: Janua:-y 29, 2008 Pa';;84 of 129 Therefore, staff defers this to the Transportation Services Department as part of its final review.j · Projects shall provide a 25-foot wide landscape buffer abutting the external right, ot:way. This buffcr shall contain two staggered rows of trees that shall be spaced no more than 30 fect on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three, foot height within one year. A minimum of 50 percent of the 25.foot wide butfcr area shall be comprised of a mcandering bed of shrubs and ground covers other than grass. Existing native trees must be rctained within this 25,foot wide buffer area to aid in achieving this buffer requirement; other existing native vcgetation shall be retained, where possible, to aid in achicving this buffer requircment. Water retention/detention areas shall be allowed in this butfer area if left in natural state, and drainage conveyance through the butfer area shall be allowed if necessary to reach an external outfall.jProvidedfor in Exhibit E~ Item S.A. of the MPUD.j · All buildings shall have tile roofs, "Old Style Florida" mctal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim, j Provided for in Exhibit E, Item 4. C. of the MPUD.j · Building heights shall bc limitcd to one (1) story, with a maximum height of thirty, five fcet. This provision only applies east of Collier Boulevard, jProvided for in Exhibit B, of the MPUD.j . All lighting facilities shall be architecturally-<lesigned, and shall be limited to a height of twenty. five feet. Such lighting facilities shall be shielded Ii'om neighboring residential land uscs. j Pr01>ided for ill Exhibit E, Item 4.F. o.f the MPUD.j . Commercial uses shall encourage pedestrian traffic through placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Ncighborhood Center is created. [Provided for in Exhibit E, Item 4.D. o.lthe MPUD.j · All buildings and projects within any single specific quadrant of the Subdistrict shall utilize a common architectural theme. This theme shall be applicable to both building design and signage, jPr01'ided for in E.:hibit E. Item 4.C. of the MPUD.j · No building footprint shall exceed 5,000 square feet, unless the projcct is submitted in the f011n of a PUD. Walkways or courtyards shall connect adjacent buildings. This provision only applics cast of Collier Boulevard. jProject submitted as MPUD and addresses this requirement in Exhibit E~ Item S.D. of the MPUD document.j Chestnut Place MPUD, AR,] 1] 21 Page 4 of 10 11sm ~Jo. 17e January 29, 2008 ~""}ag'? 5 of 129 . Drive,through establishments shall be limited to banks, with no more than 3 lanes; the drive,through areas shall be architecturally integrated with the rest of the building. This provision only applies cast of Collier Boulevard. [Provided for ill Exhibit A, Item 3.e. (If the MPUD.j · Fences or walls may be eonstmcted on the commercial side of the required landscape buffer between adjacent commercial and residential uses. If constmcted, such fences or walls shall not exceed five feet in height. Walls shall be constmcted of brick or stone. Fcnces shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). [Provided for ill Exhibit E, Item 5.e. of the MPUD.[ · Projects directly abutting residential propeliy (property zoned E,Estates and without an approved conditional use) shall provide, at a minimum, a seventy. five- foot wide buffer in whieh no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape butTer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with Subsection 3,9,5.5.6 (now 3.05,07) of the Collier County Land Development Code (LDC). The native vegetation retention arca may consist of a perimeter berm and be used for water management detention. Any newly constructed hel111 shall he revegetated to meet Subsection 3.9,5.5,6 (now 3,05,07) of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water managemcnt purposes shall meet the following criteria: a, There shall bc no adverse impacts to the nativc vcgetation being retained, Thc additional water directed to this area shall not increase the annual hydro,period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or othcr official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter or document, then the native vegetation retention area shall not be used for water 111anagement. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no rcmoval of native vegctation is necessary to facilitate the necessary storage of watcr in the water management area. [Provided.for ill Exhibit E, Itelll 4.B. (If the MPUD.[ Neighborhood Center Transitional Conditional Use Provisions: Chestnut Place MPUD, AR,II121 Page 5 of 10 :tel'll No. 17C January 29, 2008 Page 6 of 129 Tract] 14, not located in the Neighborhood Center, allows for conditional uses within the Conditional Uses Subdistrict (immediately adjacent to the Neighborhood Center) subject to the following criteria, which is followed by statf analysis: ]. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center. {The project is located Oil the south side of Immokalee Road which is a Millor Arterial Highway.{ 2. Such uses shall be limited to transitional Conditional Uses that are compatible with both residential and commercial such as churches, social or fratemal organizations, childcare centers, schools, and group care facilities. {Provided for ill Exhibit A, Items 3.B.(1) and (1) as allowable uses.{ 3. All Conditional Uses shall make provIsIons for shared parking an'angements with adjoining developments whenever possible. {Providedfor ill Exhibit E, Item 4.A. of the MPUD.{ 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75,foot buffer of native vegetation in which no parking or water management uses are permitted. {Provided for 011 the MPUD Master Plan and in Exhibit E, Item 5.B. for residential property to the east alld south.{ 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use, in order to facilitate traffic movement. {The MPUD illaster Plan depicts a shared access point with the commercial tract to the west within the Neighborhood Center. The l~lPUD also provides p". shared parking and illternal access ill Exhibit E, Item 4.A. of the MPUD.j GMP Conclusion: Based on the above analysis, staU concludes that this rezone request may be found consistent with the Golden Gate Area Master Plan. Transportation Element: Transp0l1ation Planning staff has evaluated this petition, and advises that the proposal is consistent with Policies 5.1 and 5.2 ufthe Transportation Element of the GMP. TRANSPORT A nON ANALYSIS: Transp0l1ation Department staff has reviewed this petition, and recommends approval subject to the Developer Commitments in Exhibit E of the PUD document. This includes a requirement that the additional light,ot:way depicted on the master plan shall be dedicated on a plat or conveyed in fee simple by deed, more pm1ieularly described as tollows: The additional light,of,way shown on the MPUD Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 180 days of approval of the Chestnut Place MPUD. More Chestnut Place MPUD, AR,11] 21 Page 6 of 10 !tern No. 17C ,:am;3ry 29, 20G8 Page I of 129 specifically, this additional right,of,way shall be 50 feet in width along the project's entire frontage along the Everglades Boulcvard right.ot~way and 39 feet in width along the project's cntire frontage along the Immokalee Road right,of,way. ENVIRONMENT AL ISSUES: Environmcntal Services staff has reviewed this petition and the PUD document and recommends approval. They note that commercial projects directly abutting residential property shall provide a minimum 75,foot wide buffer (in which no parking is allowed), 25 feet of which shall be along the developed area, and a minimum 50 feet shall consist of retained native vegetation pursuant to Subsection 3,05.07 of the LDC. The applicant's master plan complies with this requirement. The Environmental Advisory Committee (EAC) did not hcar this request as the subject tract is less than 10 acres. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable, Workforce housing demands that it may create. LEGAL CONSJDERA nONS: This is a site specific rezone from an Estates (E) Zoning District to a Mixed.Use Planned Unit Devclopment Zoning District for a project to bc known as the Chestnut Place MPUD. Site spccific rezones are quasi.judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistcnt with all the cliteria set fOl1h below. The burden then shifts to the Board of County Commissioners (BCe), 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 docs not meet one or more of the listed criteria below. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. I, Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instrumcnts or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made Jor the continuing operation and maintenance of such areas and facilities that arc not to be provided or maintained at puhlic expense? Findings and recommelldations of this tvpe shall be made only after consultation with the County Attorney. Chestnut Plnee MPUD, AR.11121 Page 7 of] 0 Ag'2mda Item r~o. 17G January 29, 2003 Page 8 of 129 3. Consider: Confo1111ity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6, Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and plivate. 7. Consider: The ability of the subject property and of SUlTOlll1ding areas to accommodate expansion, 8. Consider: Confi:mnity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9, Will the proposed change be consistent with the goals, objec1ives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? II. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the propelty proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely inl1uencc living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with sun'ounding land uses, because of peak volumes or projec1ed types of vehicular traffic, including activity during construction phases of the development, or olhenvise a/Teel public safe!)'? 16, Will the proposed change create a drainage problem" Chestnut Place MPUD, AR,11121 Page 8 of 10 AQsnda Item ~~o, 17C ~ ,Janu3.ry 29, 2003 Page 9 of 129 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used 1D accordance with existing zoning? (a "core" question..,) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in tile county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the propel1y and the degree of site alteration which would be required to make the propel1y usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone 011 the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.! 06, 3I1,lI], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health. safety. and wclfare') The Bee must hase its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary. maps, studies, letters from interested persons and the oral testimony presented at the Bee hearing as these items relate to these criteria. (MMSS) COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The cepe heard petition PUDZ,2007,AR,!11210n November ]5,2007 and by a vote of 8 in favor and 0 opposed the cepe recommended to forward this petition to the Bee with a recommendation of approval subject to the f(lllowillg conditions: Chestnut Place MPlID. AR,11121 Page 9 of 10 .Agenda item i'>Jo. 1 f'C January 29, 2003 Page 10 of 129 I. A 5, foot wooden fence shall be installed on Tract 114 along the castel11 border of the site adjacent to the existing residential dwelling, which is outside of the NC subdistrict. 2. Proposed LDC Amendment 2007 (as revised 11/6/07), Cycle 2, Section lO.02.03.A.5, letters a, b, c, and d, relating to noncompatible uses, shall apply to the subject property, and shall be enforced as written. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. RECOMMENDA nON: The CCPC approved a five foot fence for the Institutional Tract (Tract 114), which is outside of the NC Subdistrict; however, that recommendation was made because the applicant advised that the OMP required a five foot fence. A five, foot fence is only a requirement if the property were in the NC subdistrict. Had it not been for this incOlTect information. The CCPC would have recommended a six foot fence, Therefore, staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ,2007,AR,I] 121 subject to the following conditions: I. A 6. foot wooden fence shall be installed on Tract 114 along the eastern border of the site adjacent to the existing residential dwelling, which is outside of the NC subdistrict. 2, LDC Amendments 2007 (revision date I Jl6/07), Cycle 2, Policy lO.02.03,A.5, letters a, b, c, d, and e, relating to noncompatible uses, shall apply to the subject propel1y, PREPARED BY: Willie Brown, AICP, Principal Planner Depm1ment of Zoning and Land Development Review Chestnut Place MPUD, AR,II121 Page I () of I () Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item No. 17C January 29, 2008 Page 11 of 129 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17G This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition: PUDZ-2007-AR+11121, Chestnut Ridge, LLC, represented by William Hoover, of Hoover Planning and Development Inc., IS requesting a rezone of a 601-acre site from the Estates (E) Zoning District to the Mixed-Use Planned Unit Development (MPUD) Zoning District for a project known as Chestnut Place MPUD to allow 24,000 square feet of commercial and/or office space and 6,000 square feet of institutional space for property located at the southeast corner of Immokalee Road (CR-846) and Everglades Bou!evard on tracts 113 and 114, In Section 29, Township 47 South, Range 28 East. of Collier County, Florida 1/29/200890000 AM Prepared By Willie Brown Community Development & Environmental Services Principal P~anner Date Zoning & Land Development Review 112/20088;38;54 AM Approved By i10rm E, Feder, AICP Transportation Services Transportation Division p,dministrator Date Transportation Services Admin. 1/2/20082:39 PM Approved By Nick C2salangu:da Transportation Services MPO Director Date Transportation Planning 1/2/20084:09 PM Approved By Ray Bellows Community Development & Environmental Services Chief P:anner Date Zoning & Land Development Review 117t2008 12:32 PM App,'oved By Marrene Stewart Community Development & Envir':lnmental Services Executive Secretary Date Community Development & environmental Services Admin. 1f9!2008 9:22 Ar\ll Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmenta~ Services Admin. Date 1/10/200811 ;03 AM Approved By Marjorie M. Student-Stirling County Attorney Assistant County Attorney Date County Attorney Office 1116/20088;47 AM filp-lIr-\A uf>nil~Tf"'d\PYn{)rt\QQ_ hnll~r\..,ol..7()'")Q oI.-.7n?()()R\ 17 ol.,70,11l\!1I'\l1 A R YOl,,70AGFNn 1 n,nOOR Approved By Joseph K. Schmitt Community Development & Environmental Services Page 20f2 ,;;';Jsnda Item r~Q, 17C January 29, 2008 Page 12 of 129 Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/16/200810:18 AM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 1f22/2Q08 8:16 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 1/22/2008 1:42 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 1/22/20082:01 PM Approved By James V. Mudd Board of COU;lty Comm:ssion0~S County Manager Date CO~i1ty Manager's Office 1/22/20088:-49 PM filw//r.\ ^ rTpn.1",Tpc1\ r:vnrwt\OO_ T"'....,I<:11."0/..')(\-,0 o/,,-,n-,n(\Q\ 1 7 0/_ ')n'-.':ll1\A1\A ^ Ovo/~")f) ^ r.J:'1\.ln l/')1./')(){)Q ,1\.Q?nl4'1 !~Jl1 r,Jo, 17C AGENl'AJahggrh9, 2008 Page 13 of 129 Co1W~r County ~~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER IS, 2007 SUBJECT: PETITION PUDZ-2007-AR,11121, CHESTNUT PLACE MPUD AGENT/APPLICANT: Owner: Chestnut Ridge, LLC 3785 Airport Road, North, Ste B Naples, FL 34105 Agent: William Hoover, AICP Hoover Planning & Development 3785 AirpOlt Road, North, Ste B Nuples, FL34105 REQUESTED ACTION: The petitioner requests the Collier County Planning Commission (CCPC) consider a rezone of the subject 6.0 I ,acre site !l'om the Estatcs C'E") Zoning District to the Mixcd-Use Planned Unit Development (MPUD) Zoning District. The project will be known as the Chcstnut Place MPUD and proposes a mix of commerciul and institutional uses. The proposed MPUD, if approved, will accomplish the equivalent of a conditional use on Tract 114 for the institutional use tract. Refer to the GMP Consistency section for further explanation, (;EOGRAPHIC LOCATION: The subject propelty is located in Goldcn Gate Estates at the southeast corner of Immokalee Roud (CR-846) and Everglades Boulevurd on tracts 113 illld 114, in Section 29, Township 47 South, Range 28 Eust, of Collier County, Florida. (See illustration on the following ]lage.) PURPOSE/DESCRIPTION OF PRO.JECT: The proposed MPUD, if approved, will allow a maximum 24,000 square feet of commercial and/or office uses on Tract 113, and 6,000 sqltare fcet of institutional uses including a church and day care on Tract 114. The 4.05 acre commercial tract would consist of uses comparable to uscs permitted in [he C,] thru C-3, General Commercial Zoning Districts. The 1.96 acre institutional tract would consist of a church and day care uses. AR- 11121, Chestnut Place MPUD Page 1 of 12 . . . j , , , , , . , . " I ,- , a.. , --- . . <C ~ , , . . ::2 " , " ~ I z . '" " 0 1 ~ , , '<t < w- "' :> C) 1-< ~ ~ ,- 0 g , < "'9 , ~ Z ~ , . 0 \ }~t' , - :I: :If . Z " , , . , , . , / ,--.::.::_-- liiiii:ii -(II""^)lr1Ol1 SJOVnlll/lJ _ I ' I ,,' " "i" ~ " " , . "" ~ , , - . - '<t ~.. . ~ UJ :> , < 0 ~ , , ~ , , . -, I . --- , ~ . ~ ,- . , ;; , ., , !I ' l..- I l:- )"':l$0l.1Di'l - uo:>m . ON '-O~ ~N~ o .0 Z(J).,. N~ E CO) OJ m Ol ==::J\U men. -om c-' OJ Ol <{ " , n q . I q.~ ---~ ~---------- ~ ~~ \ " ~ ~ , 5 .' " ~ 8 G?:lI'S ;, J &0 ~~:~ ," ~ "" \)0. L.> ",R,"" 0.""-:1 y-IDo 2 0, d'l\o " " ~ . 0' " o , 1 , ,. q ~ g ---~I ~~~ "f;'?' l<;6"iJ:) .>f'" J" '" o N N r r r " <: , ... o o N , N Cl ::> "- .. z o i= i= w "- a.. <t: ~ z o t- <C () o .....I Agenda Item No. 17C January 29, 2008 Page 15 of 129 Tract] 14 would become eligible for E, Estates Conditional Uscs under the Conditional Uses Subdistrict of the Neighborhood Center Transitional Use Provision in the GGAMP, if Tract 113 is rezoned to a commercial zoning district. The proposed MPUD, if approved, would permit the conditional uses by right, and limits those uses to Tract 114. The site plan submitted is a shared plan which clearly distinguishes between the commercial tract (Tract 113) and the institutional tract (Tract 114). Aeeess is shown to be provided from both Immokalee Road and Everglades Boulevard. In addition, a 50.foot wide natural and undisturbed preserve area is shovm adjaeent to existing residential areas east of the site. The preserve area is shown in combination with landscape buffers totaling 75 feet wide along thc southcrn and eastern borders of the site, All proposed buildings would have a common architectural theme. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: The site is presently vacant; zoned Estates "E". North: East: South: West: Agrieultmalland; zoned A-MIlO Single family dwelling; zoned Estates "E" Vacant land; zoned Estatcs "E". Big Corkscrew Island Fire Control & Rescue District; zoned Estates "E". Aerial Photo (property line depictions are approximate) AR- 11121, Chestnut Place MPUD Page 2 of 12 UOOG) "ON .,-0"- N_ O .0 ZO>c..o N_ C CC!) ..'ECCU) -::>m COCo... -Om ~-, iii Ol <{ o :J Q.. ~ a> o ..E!l Q.. ...... ::J C ...... C/) a> ..c o '. '~~' '! 1_1- ~~:_~.?~<!~" ~t *!' wl] 1 ' ~!I~ 't - ->---> j!!t IL~ t;t ! fH Hi~ I!~ ..."'f- > '!': '~~""""""":'II <:: , I' I:; "'1 ':: 'I ,~". 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'.;,.; , L _ __ ro w " ~~ ~, ~" ri5~Sl :3z-'i~ ::~it.~ :Jx1;j!l z.... n", ~~! u, x ~< ~ A';j::mda item No. 17C January 29, 2008 Page 17 of 129 Immol.l.. R"d (en, B4S) ~'-"_.- -" ~ -,.. ,,~'"""', ,,'......" , -,-'-'" .._",-- -.-.,., ..'n ..".. ~'..~'''~ '--~- -_._. ----,- --- 132 131 130 Cu2 i 113 114 115 129 I --<>-, , - .~-, .,~ 69 104 105 / 'r 17 32 126 ,/ 16 3u'j,~P,.p'rty f<trte. -- ,-----". .." 127 15 -~"._, -^'..,".~, "'",, 1---,..,.. .. -..- -- -, Estrtts 126 14 ,,"- '"-- .----'.- '..--- 125 13 90 103 106 16 ~1 , ---- - ,...'~'" ,.,. Zoning Atlas (Not to same scale and not matched lines) GROWTH MANAGEMENT I'LAN (GMP) CONSISTENCY: Golden Gate Area Master Plan (GGAMP): Tract 113, consisting of 4,05", acres within the lmmokalee Road/Everglades Boulevard Neighborhood Center Subdistrict, as designated in the Goldcn Gate Area Master Plan (GGAMP), is eligible for commercial uses. Tract 114, consisting of 1.96", acres, within the Conditional Uses Subdistrict in the GGAMP, outside of the Neighborhood Center, would be eligible f'or Conditional I Jses. Critcria' of the Neighborhood Center Subdistrict as relatcs to Tract '114 is listed below followed by staff analysis. Similarly, the criterion of thc Conditional Use Subdistrict criteria are listed Followed by staff analysis as wcll. Neighborhood Centcr Subdistrict - Recognizing the need to provide basic goods, services and amenities to Estates residcnts, Neighborhood Centers have been designated on the GGAMp, The Neighborhood Center designation docs not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to conunercial demand estimates. The centers are designed to concentrate all new commercial zoning, and conditional uses in locations where traffic impacts can be readily accommodated in an effort to avoid strip and disorganized patterns of commercial and conditional use development. AR- 11121, Chestnul Place MPUD Page 3 of 12 r'\a2ilca Item No. 1lC ~ January 29, 2008 Page 18 of 129 The Immokalee Road a.nd Everglades Boulevard Center is locatcd in the SW and SE quadrants of the intersection and the parcels lie east and south of the Fire Station. The portion of the Center lying south of the Fire Station is approxima.tely 5.15 acres in size and consists of Tract 128, Unit 47. The southeast quadrant of the Center, lying east of the Fire Station is approximately 4.05 acres in size and consists of Tracts 113 and 1 G, Unit 46. Criteria for land uses at NeiE!hborhood Centers (on Tract] ] 3) are as follows: . Commercial uses shall be limited to intermediate commercial so as to provide [or a wider variety of goods and services in areas that have a higher degree of automobile tralIic. These uses shall be similar to C-l, C-2, or C-3 zoning districts outlincd in the Collier County Land Development Code (LDC) (Ordinancc 04-41, adopted June 22, 2004), except as prohibited below. [All of the permilled uses are provided for ill Exhibit .4, Item 3..4 of the MPUD, alld are with ill the C-I thl'Ouglt C-3 ZOllillg districts.j . Parcels immediately adjacent to commercial zoning within the Neighborhood Centers located at the intersections Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard, Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Uses Subdistrict of this Master Plan Element. [Providedfor 011 the MPUD Mastel' Plall.j . A single project shall utilize no more than 50 % of the total allowed commercial acreage. This percentage may be increased at the discretion of the Board of County Commissioners (BCe). jThe Neighborhood Center component of this project comprises <50 percent of the total Neighborhood Cell tel' alld < 50 percellt of the sOl/theast ql/adrallt of tile Neighborhood Celltel'.j . The project shall make provisions for shared parking arrangcmcnts with adjoining developments. [Providedfor ill Exhibit E, Item 4..4 of the MPUD Docl/1IIelIt.j . Access [Joints shall be limited to one [Jer ISO feet comlllencing from the right,o[, way of the mitior intersecting streets o[the Neighborhood Ccntcr. A maximum of three curb cuts per quadrant shall be allowed. jBased UpOIl access depicted all the revised MPUD Mastel' Plall, botll access poillts appeal' to be atlem'1180' fr011l tile illtersectioll rigllt-of-lI'ay.j . Drivcways and curb cuts shall be consolidated with adjoining dcvelopments, whenever possible.jBased UpOl1 access depicted Oil the MPUD Master Plall, the access poillt 011 Im1ll0kalee Road is shared between tile portioll of the site illside the Neighborhood Cell tel' (/lId the portioll outside of it. Though the access poillt 011 Everglades Boulevard is 1I0t proposed as shared access with the parcel to the sOl/th, a cross access easement is pJ'oposed.j AR, 11121, Chestnut Place MPUD Pags 4 of 12 Agenda Item No. 17C January 29, 2008 Page 19 of 129 . Driveways accessing parcels on opposite sidcs of the roadway shall be in direct aligmnent, except when the roadway median bctwccn the two parcels has no opcning. [This has not beell addressed ill the MPUD, Iwwel'C/", ill tlte applicant's re,~ponse, "access on the west side of Everglades Boulevard referred to is not a legal access for the fire department, but mther a dirt lalle that appears to be no 10llger used. The key factor here is we have puslted tlte driveway along Everglades Boulevard to as far south as possible to share it witlt the adjoiniug property to the south and at tlte request of the COUllty Tmllsportation SerJ1ices for traffic safety Ill/d flow purposes." Therefore, staff defers this to the Tril1L~portatiou Department as part of their filial review.j . Projects shall provide a 25-foot wide landscape buffcr abutting the external right- of-way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at lcast 24 inches in height at time of planting and attaining a minimum of three feet height within one year, A minimum of 50 percent of the 25,foot wide buffer arca shall be comprised of a meandcring bed of shrubs and ground covers other than grass. Existing native trees must be rctaincd within this 25-foot wide butTer area to aid in achieving this buffer requi"ement; other existing native vegetation shall be rctaincd, whcre possible, to aid in achieving this buffer rcquirement. Water retention/detention areas shall be allowed in this buffer area if left in natural state, and drainage convcyance through the buffer area shall be allowed if neccssary to reach an extemal outfall. [Providedfor ill Exhibit E, Item 5.A. of the MPUD.f . All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or dccorative parapet walls above the roofline, Tile buildings shall be i1nished in light, subdued colors, except IeI' decorative trim. {P/'ovided for ill Exhibit E, Item 4.C of the MPUD.f . Building heights shall be limited to one (1) story, with a maximum height of thirty,f1ve (35) feet. This provision only applies east of Collier Boulevard. {Providedfor ill Exhibit B, of the MPUD.j . All lighting facilities shall be architecturally-{{esigned, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. fPr01lided fo/' ill Exhibit E, Item 4.F. of the MPUDf . Commercial uses shall encourage pedestrian traf1ic through placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center is created.fProvidedfo/' ill Exhibit E, Item 4.D. of the MPUD.f . All buildings and projects within any single specific quadrant of the Subdistrict shall utilize a common architectural theme. This theme shall be applicable to both AR- 11121, Chestnut Place MPUD Page 5 of 12 Ag,::mda Item No. lIe January 29, 2003 Page 20 of 129 building design and signage. [Provided for in ~xhibit E, Item 4.e. of the MPUD.] . No building footprint shall exceed 5,000 square feet, unless the project is submitted in the form of a PUD. Walkways or courtyards shall connect adjaccnt buildings. This provision only applies east of Collier Boulevard. [Project submitted as MPUD and addresses this requirement in ~xhibit E, Item S.D. of the MPUD document.] . Drive-through cstablishmcnts shall be limited to banks, with no more than 3 lanes; the drive-through areas shall be architecturally integrated with the rest of the building. This provision only applies east of Collier Boulevard. [Provided fOl' in Exhibit A, Item 3.e. of the MPUD./ . Fcnces or walls may bc constructed on the commercial side of the required landscape buffcr bctwccn adjaccnt commercial and residential uses. If constructed, such fcnces or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail typcs, and shall be of open design (not covered by slats, boards or wire). [Providedfor i1l Exhibit E, Item S.e. of the MPUD.] . Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-fivc (75) foot wide buffcr in which no parking uses are permitted, Twenty,fivc (25) fect of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffcr width shall consist of retained native vegetation and must be consistcnt with subscction 3.9.5.5.6 (now 3.05.07) of the Collier County Land Devclopment Code (LDC). The native vegetation retention arca may consist of a perimeter berm and be used for water managcment detention. Any newly constructed berm shall be revegetated to meet subseetion 3.9.5.5.6 (now 3.05.07) of the LDC (native vegetation replanting requirements), Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro-period unless it is proven that sneh would have no adverse impact to the existing vegetation. b. If the projeet requires permitting by the South lilorida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District eannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to AR~ 11121, Chestnut Place MPUD Page6of12 Agenda item No, 17e January 29,2008 Page 21 of 129 facilitate the necessary storage of water in the water management area, [Providedfor in Exhibit E, Item 4.B. of the MPUD.} · Projects within the Neighborhood Center Subdistrict that are submitted as PUDs shall provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per Scction 2.4.5.4 (now 4.06,03) of the LDC, as in effect at thc time of PUD approval, [Providedfor in Exhibit E, Item 5.B. of the MPUD.} . The following principal permitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houscs (596]) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not inelude non,crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslidcs, ctc. (7999) Gencral Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colkges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homelcss Shelters and Soup Kitchens. Rcfuse Systems, including hazardous matcrials (4953)[PrOl'idedfor illlixflibit A, Item3.D. of the MPUD.} Neighborhood Center Transitional Conditional Use Provisions: Tract 114, not locatcd in the Neighborhood Center, allows for conditional uses within the Conditional Uses Subdistrict (immediately adjacent to the Neighborhood Centcr) subject to the following criteria, which is followcd by staff analysis: I. Propcrtics eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, [111e project is located 011 the south side 0/ Immokalee Road which is a MillOI' Arterial HiglllVl/Y.} 2. Such uses shall be limited to transitional Conditional Uses that are compatible with both residential and commcrcial such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities, [Provided/or 11llixhibit A, Items 3.B.(l) ami (2) as allowable uses.} AR.11121, Chestnut Place MPUO Page 7 of 12 Agenda ITem No, 17C January 29, 2003 Page 22 of 129 3. All Conditional Uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, /Pr01lidedfor ill Exhibit E, Item 4.A. of the MPUD./ 4. Conditional uses abutting Estates zoned propeliy shall provide, at a minimum, a 75-foot buffer of native vegetation in which no parking or water management uses arc permitted, /provided for 011 the 1I1PUD M{lster Plall amI ill Exhibit E, Item 5.B. for residelltial property to tlte east {lIId soath./ 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use, in order to facilitate traffic movement. /The MPUD iI/aster Plall depicts a sltared access point witlt tlte commercial tract to tlte west with ill the Neighborltood Cellter. Tlte MPUD also provides for s/ulred parkillg alld illtemal access ill /:.xhibit E, Item 4.A. of the MPUD./ If Tract 113 is rezoned to a commercial zoning district, then the abutting Tract 114 would be eligible for E, Estates Conditional Uses under the Conditional Uses Subdistrict, Neighborhood Center Transitional Conditional Use Provision, in the GGAMP. Rather than tile two petitions. a rezone petition for commercial uses on Tract ] 13 and a companion conditional use petition for Tract 114 - the petitioner has submitted a single rezone petition requesting commercial uses on Tract 113 and some of those "E" district conditional uses on Tract 114. Procedurally, there is little difference between a rezoning and a conditional use - all public notice requirements (sign posting, letter to surrounding property owners, legal ad) are the same, but a rezone is approved by ordinance by tbe RCC whereas a Conditional Use is approved by resolution by the BCC acting as the Board of Zoning Appeals (RZA), and, if no developmcnt activity occurs within 3 years, a CU petition expires whereas a PUD rezone petition would sunset. Simply put, thc petitioner is seeking the same uses allowed by the GGAMP, but is doing so via one petition instead of two. Comprehcnsive Planning staff has no objection to this approach and could support an interpretation of the GGAMI' to allow such, However, Comprehensive Planning defers to the Department of Zoning and I.and Developmcnt Review to detcrmine the appropriate petition process to follow. Policy 5.1.1 contains specific provisions pCliaining to st.reet and parking lot lighting in Golden Gate Rstates./Tlte applicalltltas addressed this isslle in Exhibit E, Item 4.F. {if the lVlPUD.] Conclusion: Based on the above analysis, staff concludes that this rezone request may be found consistcnt with the Golden Gate Area Master Plan. Transportation Element: Tl'anSpOliation Planning staff has evaluated this petition, and advises that the proposal is consistent with Policics 5.1 and 5.2 of the TranspOliation Element of the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a tavorable determination must be based, These criteria arc specifically noted in Section 10,02.13 AR~ 11121, Chestnut Place MPUD Page 8 of 12 Agenda Item No, 17C January 29, 2008 Page 23 of 129 and Section 10.02.l3.B,5 of the LDC and required staff evaluation and conmlent. The Collier County Planning Commission to the BCC also uses these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action hy appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by statf, culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffrepOlt (See Exhihit "A" and Exhihit "B"). Transportation Analysis: TranspOltation Department staff has reviewed this petition, and recommends approval subject to the Developer Commitments in Exhihit E of the PUD document. This includes a requirement that the additional right-of-way depicted on the master plan shall be dedicated on a plat or conveyed in fee simple by deed, more particularly described as follows: The additional right-of-way shown on the MPUD Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 180 days of approval of the Chestnut Place MPUD. More specifically, this additional right-ot~way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way and 39 feet in width along the project's entire frontage along the Tmmokalee Road right-of,way. Environmental Analysis: Environmental Services staff has reviewed this petition and the PUD document and recommends approval. They note that commercial projects directly abutting residential propelty shall provide a minimum 75-foot wide buffer (of which no parking is allowed), 25,feet of which shall be along the developed area, and a minimum 50 feet shall consist of retained native vegetation pursuant to subsection 3.05.07 of the LDC. The applicant's master plan complies with this requirement. The Environmcntal Advisory Committee (EAC) did not hear this request as the subject tract is less tban 10 acres. Public Utility Analysis: Utilities staff has reviewed tbis petition, and bas no objection to the project as the project location is l1(1t within Collier County Water, and Sewer District., The developer notes that the project shall utilize wcll and septic systems until it is within an authorized water and sewer scrvice area and central watcr and sewer services are available. Zoning Department Analysis: Zoning staff has reviewed this petition and concurs with the findings of Comprehensive Planning. The proposed rezone and use for Tract 113 is consistent with the commercial classification of the Tmmokalee Road/Everglades Boulevard Neighborhood Center Subdistrict as designated in the Golden Gate Area Master Plan (GGAMP). Tn addition, neighborhood centers are designed to concentrate all new commercial zoning and conditional uses in locations where traffic impacts can be readily accommodated in order to avoid strip and disorganized patterns of commercial development. The subject site being located at tbe lmmokalee Road/Everglades Boulevard intersection is a highly appropriate oppOltunity for diverse uses. AR-11121, Chestnut Place MPUD Pag6 9 of 12 Agenda 11em No. 17C January 29, 2008 Page 24 of 129 The differences between the Estates Zoning District and MPU]) Zoning District property development regulations are shown in the table below. Zoning District Front Yard Side Yard Rear Yard Lut ArtA (sq ft) Lot Width Zoned Building Height *MI?UD 25 15 15 10,000 100 All numbers shown are the required minimum amounts '75 foot buffers are required in areas adjacent estate zoned areas If the rezoning is approved, pursuant to the requirements of the LDC, the petitioner would be required to provide a 75,foot wide Type B buffer (in which parking is not allowed) abutting the estate zoned lots alDng the eastern and southern perimeter of the site, and a 25-foot wide Type C buffer abutling Illlmokalee Road and Everglades Boulevard along the northern and western perimeter of the site. The proposed change to the MPUD Zoning District is not anticipated to have an adverse effect upon the surroundinl! area if the project is found compliant with neighborhood center subdistrict development criteria as stipulated in the GGAMP. As such, the proposed project is an optimal proposed development and use of the site considering (1) its location at a high traffic impact intersection, (2) opportunity to provide a limited variety of goods and services within pedestrian and/or cycling distance in close proximity to residentio.l o.rcas, and (3) acreage of the site to accommodate the required buffering and landscape requirements in ordcr to minimize impacts to neighboring residential properties; thereby increasing the likely succcss of the proposed new use. NEIGHBORHOOD INFORMATION MEETING (NIM): Synopsis provided by Linda Bedte1yon, Community Planning Coordinator: The neighborhood information meeting was held by the Petitioner at the Big Corkscrew Island Fire Station 011 June 28, 2007. Three neighboring property owners, the applicant's team and county staffwerc present. A summary of the meeting is as follows: . Of those who spoke, the neighbor directly adjacent to the site strongly objected to thc proposed development, saying it would negatively impact his quality oflife. A discussion about buffers between the residential properties and the commercial district took place. Mr. Rich Yovanovich said they (the applicants) would consider a rcquest for a concrete wall as they go through the process. . Mr. Hoover explained that after discussions with the county, the applicants decreased the amount of commercial square footage proposed from 36,000 square reet to a maximum of 24,000 square feet. AR. 11121, Chestnut PlaCB MPUD Page 10 of 12 Agenda Item ~Jo, 17C January 29,2008 Page 25 of 129 . When asked what types of commercial uses would be allowed, the agents mentioned, a bank, a convenience store with gas pumps, small restaurants, and neighborhood services, TIle meeting concluded at approximately 7: J 5 PM. RECOMMENDATION: Staff recommends that Collier County Planning Commission (CCPC) forward petition PUD- 2007-AR-1112l to the Board of County Commissioners (BCC) with a recommendation of approval subject to the Developer Commitments shown in Exhibit E of the proposed PUD document. AR~ 11121, Chestnut Place MPUD Page11of12 !\gensa Item No, 17C January 29, 2008 Page 26 of 129 I'REPARED BY: ~:.9-h ~ u....-. WILLIE BROWN, AICP, PRINCIPAL PLANNER DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW \<:>h~'1 DATE REVIEWED BY: -,1-7 * DATE .. ?Jt-l - , -. /I ~ Ii ( ,t:- '~- RA YMO V, BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW \0 - 24 ~~'l DATE ..LPv, Ln7, v-e.JJ6;/)1.,t~ USAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW /0 h!.j f) DATE APPROVED BY: /0 /r)07 P K, SCHMlTT, ADMINISTRATOR DATE UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tcntatively schcduled for thc January 29, 2008 Board of County Commissioncrs Meeting, COLLum COUNTY PLANNING COMMISSION: _N\~ P ~'-~, MARKP,\STRAIN, CHAIRMAN \ AR. 11121, Ches(nul Place MPUD Page 12 of 12 ORDINANCE NO, 07,_ AN ORDINANCE OF THE BOARD OF COUNTY COMMiSSIONERS OF COLLlER COUNTY, PLOlUIJA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, IlY AMENJ)lNG THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING TIlE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A MlXED USE PLANNED UNIT DEVELOPMENT (MpUD) ZONING DISTRICT FOR THE CHESTNUT PLACE MI'UD TO ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF pERMI1TED COMMERCIAL USE FLOOR AREA WITH A MlXTURE OF RETAIL AND OFFICE USES, AND A MAXIMUM 0[1 6,000 SQUARE FEET OF FLOOR AREA [lOR CHURCH AND/OR DAY CAR[J FACILITIES AS CONIJlTIONAL USES, ON PROPERTY LOCATED ON IMMOKALEE ROAD (Ci{ 846) AND EVERGLADES IlOULEVARD, IN SECTION 29, TOWNSHIP 47 SOUTH. RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 5,71+/. ACRES; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, William Hoover of Hoover Planning and Development, h~c.. and Richard Yovanovicb, Esq., of Uoodlette, CoJemun and Juhwwn, P.A., representing Chestnut Ridge, LLC, pchtioncl.llhe Board of County COll1mis~ioncrs to change the zoning cl::k~sificf\tioll of the herein descrihed real property. NQW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, [lLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Mixed Use Planlled Unit Development (MPUD) Zoning District fot' the Chestnut Place MPUD in accordance with Exhibits A through E. atUl,cbcd hereto <Iud lHcorporatcd by reference berein. The appropriate zoning atlas map or maps. as described in Ordinance Number 2004-41, as amended, the Collier COlluty Land Development Code, is/arc hereby amended accordingly, SECTION TWO: This Ordinance shall become effective upon filing with tile Department of Slate. Page I of2 Age~da Ilem No, 17e January 29, 2008 Page 27 of 129 PASSED AND DULY ADOPTED by supcr.majonty vote of Ibe Board of Coullty Commissioners of Collier County, Florida, this _ day of , Z007, ArrEST: DWIOHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: fly: JAMES COLETTA, CHAIRMAN ,Deputy Clerk Approved as to form "nd legal sufficiency: " .,~~o Mmjor M, Student-Stirling AS:iislant County Attorney ExhibH A - Lise of Allowable Uses ExhibitB - Development Standards Exhibit C - Mnstcr Plan Exhibit D - Legal Descriplion Exhibit E .- List of Dcvclopc.r Commitmellts Page 2 of2 Agenda item No. 17C January 29,2008 Page 28 of 129 Agenda Item No, 17C January 29. 2008 Page 29 of 129 EXHIBIT "A" COMMERCIAL AND INSTITUTIONAL TRACTS PLAN LIST OF ALLOWABLE USES 1. PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Tract and Institutional Tract as shown on Exhibit "c" MPUD Master Plan. 2. GENERAL DESCRIPTION The MPUD Master Plan is intended to provide for both commercial and institutional land uses. The Commercial Tract designated on Tract 113 on the MPUD Master Plan is intended to provide retail and/or office uses limited to a floor area of 24,000 square feet. All commercial areas shall be developed with a common architectural theme that includes buildings and signs. The Institutional Tract designated on Tract 114 on the MPUD Master Plan is intended to provide child care and/or church uses limited to a floor area of 6,000 square feet. 3. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures on Commercial Tract 113: (1) Apparel and accessory stores (groups 5611 - 5661). (2) Automobile supply stores (group 5531 but only the sale of new auto supplies and no on-site installation). (3) Business services (groups 7311, 7334 - 7336, 7377, 7378, 7384), (4) Child care centers (group 8351). (5) Churches (group 8661), (6) Depository institutions (groups 6021-6062). (7) Eating places (group 5812 except for restaurants with a drive- through facility are not permitted). Consumption of alcoholic ,\gsnda Item No, 17C January 29, 2008 P~ge 30 of 129 beverages on premises shall be subject to requirements of the LOC). (8) Engineering, accounting, and bookkeeping services (groups 8711 - 8721, 8748), (9) Food stores (groups 5411 including convenience stores with gasoline pumps, 5421 ,5499), (10) Gasoline service stations (group 5541 but excluding sales of diesel fuel to heavy trucks over 1 ton rated capacity). (11) General merchandise stores (group 5399). (12) Hardware supplies (groups 5231 ,5251). (13) Health services (groups 8011 ' 8049), (14) Home furniture, furnishings and equipment stores (groups 5714, 5719,5734,5736), (15) Insurance carriers, agents, and brokers (groups 6211,6311 - 6399, 6411). (16) Legal services (group 8111). (17) Miscellaneous retail (groups 5912, 5941 - 5949,5992). (18) Motion pictures (groups 7832 but only in conjunction with a sit- down restaurant), (19) Personal services (groups 7212,7221 -7251,7291). (20) Physical fitness facilities (group 7991), (21) Real estate (groups 6531,6541), (22) United States Postal Service (group 4311 except major distribution center), (23) Veterinary services (group 0742 for household pets only and no outside kenneling or overnight boarding). Agenda Item No. 17e January 29, 2008 Page 31 of 129 (24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning districts, and not prohibited in Section 3.D., that is deemed appropriate by the Board of Zoning Appeals, S, Accessorv Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Ordinance for each respective Tract depicted on the MPUD Master Plan, except drive-through facilities which shall be limited only to banks on the Commercial Tract with a maximum of three (3) drive-through lanes per bank. C. Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden Gate Area Master Plan as Conditional Uses): (1) Churches (group 8661), (2) Child care centers (group 8351), D. Prohibited Uses: (1) Drinking places (group 5813) and liquor stores (group 5921), (2) Mail order houses (group 5961) and merchandising machine operators (group 5962), (3) Power laundries (group 7211) and funeral service and crematories (group 7261), (4) Radio and television representatives (group 7313) and direct mail advertising services (group 7331). (5) Amusement and recreation services (group 7999). (6) General, specialty, and psychiatric hospitals (groups 8062, 8063, 8069), (7) Educational services (groups 8211 - 8231), (8) Correctional institutions (group 9223), (9) Environmental resource and solid waste management (group 9511), (10) Homeless shelters and soup kitchens, Agenda item t~o, 17C January 29, 2008 Page 32 of 129 (11) Refuse systems, including hazardous materials (group 4953). EXHIBIT "B" DEVELOPMENT STANDARDS TABLE I Agenda Item No, 17C January 29, 2008 Page 33 of 129 DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (External) From Everglades Blvd, ROW From Immokalee Road ROW From other MPUD Boundaries MINIMUM YARDS (Internal) Side Yard Setback Rear Yard Setback MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT MINIMUM FLOOR AREA PRINCIPAL USES 10,000 Sq, Ft 100 Feet 25 Feel 25 Feet 25 Feet 15 Feet 15 Feet 15 Feet 35 Feet and 1 Story 700 Sq, Ft: 'Per principal structure on the finished first floor. SPS = Same as Principal Structure ROW = Right-of-Way ACCESSORY USES Not Applicable Not Applicable SPS SPS SPS 10 Feet 10 Feet 10 Feet 35 Feet Not Applicable Table I above sets forth the development standards for land uses within the Chestnut Place MPUD, Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan or subdivision plat. Development of The Chestnut Place MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply, Agenda 11em ~'Jo, 17C January 29, 2008 Page 2,4 of 129 EXHIBIT "e" MPUD MASTER PLAN ~r;'li'I><-e-_ . "I I "'G ;n;n rihi1i ; t1i hU w, Illi , ~ II ~ I ;1 II ~ ia 1 . 'h' i Li o p~8' P 'ilt III i i ~~ ~ ~l J.W ~ ~ jl ~ ~I I~ ~! Ifill j Ii ht 1 i 1m i 25,"1 ! t ~! Ii Ill!j h~. ! .~ ('), Ih ~ ~~ '. ~g ::r -J!l i~ ......1 CD ~ .p HI CIl - ~I !i ~ ~ h, .:..: i :J Hn c: ~q & Net hborhoo~CcrrlMB~u :.,:. .... T ~ ' . -If .: .: "U ~~ r. H ii) 11- ~ m ~ h {') i I fila CD . [ :s: I ~~ ~ ~ nJ'::;;;: "U f"J .. . c ~J~I ... Ii! -:;.: 0 .~ . '. r.. 'G'lNID5IlO.1'1l.DIIFF..~ D 00 i~ .n ..........,.. ............ ......oo:1't...~r~....... ............. I - 1:rlt.-.g11............. ~ i wI W~ il '~Ii LEi H ~ un ~ ; ~ 'P "jl i "iSil "ij.U'. 8.~g~ i 0 Jd!; lli ~ ti~~~ ~. . ~ Slil!! ~ . ~~ ~o' ; n aC 0, ~ 'rr i <!) ~~ri ! ~~~~~ : :i:: :::11 ~ Iii ~ ma ~ n~~~ !~ i mil i~i~ ~. a ,,~~ ~~~~ ,.~~~ g S~2~ ~ W"'p!l'f fl:t8s ~ . ~ II II ~ o ~ EVERGLACeS BOULEVARD (100' EASEMEt(J' rnR RIGHT.QF-WAY) o rn n ~ o . ~ ~~ ~< z- ~O RC/) iQ .z W~ m~ m~ ~~~ n~ !~ !II ;;~~ I~ ~!t ll!'l · i I I ~ H~ I~ I ! I H~ ~ ~ n ~ ~ ~ ~ H . m Ii' 1'1 ,I. p ." "1 j' ~~ ~ m Agenda Item No, 17C !:::"'1"2"( ')Q nn,q Page :;5 ot 128 :'\genda item No. 17C January 29, 2008 Page 36 of 129 EXHIBIT "0" LEGAL DESCRIPTION The subject property being 6,01 acres, is comprised of two contiguous parcels, and is located in Section 29, Township 47 South, and Range 28 East. The legal description of the subject property is Tracts 113 and 114, Golden Gate Estates Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier County, Florida. A-:Janda Itam r~o, 17e January 29, 2008 Paga 37 of 129 EXHIBIT "E" LIST OF DEVELOPER COMMITMENTS 1. UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available. 2, TRANSPORTATION A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition, B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C, Access points shown on the MPUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. Site-related improvements (as opposed to system.related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction, Since both Everglades Boulevard widening and Immokalee Road widening are in the Long Range Transportation Plan, but are not in the 5 year work program (at the time of adoption of this MPUD), this site shall be required to install a minimum 50- foot radius at each right-in access to this site, Payment in lieu (PIL) for required turn lanes has been supported by the TIS and is recommended by Staff, and as such shall be a requirement of this MPUD. The amount of PIL shall be negotiated by the developer and the County at the appropriate design phase of adjacent roadway improvements. Upon the County's approval of the amount of the PIL, the developer, his successors, or assigns shall pay this sum within 90 days of the County's request for the PIL. The schedule for negotiations is dependent upon the programmed construction schedule of adjacent roadways. Aaenda Item No. 17C , ,January 29, 2008 Page 38 of 129 E, Nothing in any development order (DO) shall vest a right of access in excess of a right,in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. F. If any required turn lane improvement requires the use of any existing County rights-ot-way or easement(s), then a compensating right-of.way or easement shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review of the first subsequent development order application, The typical cross-section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator, or his designee. G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control devices, signs, pavement marking improvements within a public right-of- way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns, The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the appropriate corresponding CO. H. The additional right-of-way shown on the MPUD Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 180 days of approval of the Chestnut Place MPUD, More specifically, this additional right-of,way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way and 39 feet in width along the project's entire frontage along the Immokalee Road right-ot-way. 3. ENVIRONMENTAL A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site) shall be required to be retained or replanted, 4. PLANNING Aaenda Item No, 17C " January 29. 2008 Page 39 of 129 A. Prior to developing the Commercial Tract or the Institutional Tract the developer shall have made provisions for shared parking between the 2 tracts. The developer of the Commercial Tract shall also cooperate in providing for shared parking with the abutting parcel owner to the south once that parcel is rezoned and during the County permitting process. B. A functional public open-space component shall be provided. Such public open-space shall be developed as green space within a pedestrian- accessible courtyard, as per the LOC, in effect at the time of this MPUO approval date. C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or decorative parapet walls above the roofline. All of the buildings and signs shall have a similar architectural style and be finished in light, subdued colors, except for decorative trim. Bank drive-through facilities shall be architecturally integrated with the bank building. D. Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Walkways or courtyards shall connect adjacent buildings. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center shall be created. E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access. F. All lighting facilities shall be architecturally-designed, and shall be limited to a maximum height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses, (1) Where a street lamp is required, it shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. (2) Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway or other area intended to be illuminated. (3) Where lighting of any recreational area is required, such lighting structure shall be mounted so as to focus illumination on the area , " .~,g.;mda liel1l i\lo. 17e canuacy 29, 2003 Page 40 of 129 intended to be illuminated, and to limit the amount of light that extends outside that area. 5. LANDSCAPING AND BUFFERING A. A twenty,five (25),foot wide buffer shall be provided along both Everglades Boulevard and Immokalee Road. This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet height within one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this twenty-five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in its natural state, and drainage conveyance through the buffer area shall be allowed, if necessary, to reach an external outfall. B. Where this MPUD directly abuts residential property zoned E-Estates outside the Neighborhood Center and without an approved conditional use, a minimum seventy-five (75) foot buffer shall be provided in which no parking uses are permitted. Twenty,five (25) feet of the width of the buffer along the developed area shall be a landscape buffer, A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LOC, The native vegetation retention area may consist of a perimeter berm. Any newly constructed berm shall be re- vegetated consistent with the LOC, C, If a fence or wall is constructed between abutting commercial and residential uses, it shall be constructed on the commercial side of the required landscape buffer and shall not exceed a height of five feet. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be open design (not covered by slats, boards or wires). Agenda Item No. 17e January 29, 2008 Page 41 of 129 Exhibit A REZONE FINDINGS PETITION PUDZ-2007-AR-11121 Chapter 1O.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of Connty Commissioners 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 Rlemcnt (FLUE) and Future Land Usc Map and the elements of the Growth Management Plan (GMP). Pro: COW1ty staff has reviewed this petition and has offered an in,depth analysis (see staff report) of the relevant goals, objectives and policies of the Future Land Use Element and the Transportation Element of the OMP offering a recommcndation that this petition be found consistent with the overall GMP. Con: Neighboring residential property owners could perceive the proposed commercial uses as a potential nuisance such as noise and traffic. Findings: Based upon staff's review, the proposed development is in compliance with the Future Land Use Elemcnt (FLUE) of the Growth Managcmcnt Plan (GMP) and all other relevant goals, objcetives and policies. 2. The existing land use pattern. Pro~ The Location and 7.oning Maps that are attached to the staff report show thc Chestnut Place MPUD site is located along a major arterial (Immokalee Road) betwecn vacant parcels to the north, west and south of the subject property. This project would provide a limited variety of goods and services to the immediate neighborhood reducing travel times generated by home and shopping trips. Con: The proposed retail and office land uses will bring additional vehicular trips to this area because the site is currently undeveloped, Findings: Land use pattcrns are inl1uenced by several key factors such as GMP goals and objectives, access to major roadways, necessity, developmcntal oppOliunities, etc. . . North, south and west of the subject property are vacant lots in the Estates Zoning District. All are within the Neighborhood Center Subdistrict. The property is at the intersection of a major intersection where there is a high volume of traffic. The lml110kalee Road right-of,way fronting the properly is also proposed for expansion frol11 two lanes to four. Based on the Futnre Land Use Element (FLUE) and Land Development Code (LDC), staff has not found incompatible uses, This rezoning and OMP subdistrict were tailored specifically for this area of the County for these particular land uses. 3. The possible crcatioll of all isolated district unrelated to adjacent and nearby districts. Pro: The proposed rezone IS consistcnt with the GMP's Immokalee/Everglades Road Neighborhood Subdistrict. Pago 1 of 5 /\::.;enda Item No.17e ~ January 29, 2008 Page 42 of 129 Con: None, Findings: This petition does create an isolated district; however, because the subject parcel is of sufficient size and is compatible with adjacent and ncarby land uses and protections are in place as written into the GMP in the form of buffering and landscaping, the potential for incompatibility is minimal. 4. Whether existing district houndaries are illogically dl'awn in relation to existing conditions on the )>I'operty proposed for change. Pro/Con: Evaluation not applicable. Findings: The distdct boundaries are not illogically drawn. Goldcn Gate Estates was platted as a residential subdivision. Provisions at the time of platting were not made for complimentary neighborhood commcrcial uses. It was initially intended that residential dwelling units would be constl'llcted from boundary to boundary, but recent GMP amendmcnts have plotted a diffcrent course. That course would be the guidelines of the Immokalee/Everglades Road Neighborhood Subdistrict. 5. Whether changed or changing conditions make the passage of the proposed land use change nceessary. Pro: The proposcd change is consistent with the recently crcated GMP Neighborhood Center Subdistrict designation for the subject propcrty to allow commercial uscs to serve the various neighborhoods within Golden Gate Estates. Con~ None, Findings: The proposed zoning change is appropriate based on because of its relationship to the FLUE (Future Land Use Element of the GMP), 6. Whether the proposed change will advcrsely influcnce living conditions in thc neighborhood. Pro: The proposed MPUD rezone will not adversely affect living conditions in the area because of increased setback, buffering and landscaping requirements, Acccss wiII be limited to one or two drives, and dircctionallighting is requircd to bc containcd on,site. Con: The proposed uses could increase the intensity of traffic in the area. Findings: The proposed Chestnut Place MPUD would be compatible with adjacent land uses as well as expected land uses by virtue ofils consistency with the FLUE of the GMP. 7. Whether thc proposed change will ercate or excessivcly incl'ease traffic con1:estion or create types of traffic deemcd incompatiblc with snrroundin1: land uses because of peak EXHIBIT A Rezone Findings PUDZ-2007-AR-11121 Page 2 of 5 Agenda Item No, 17C January 29, 2003 Page 43 of 129 volumes or pl'Ojeeted types of vehicular traffic, including activity during construction phases of the development, or othenvise affect public safety. Pro: Development of the subject property is consistent with provisions of the TranspOltation Element of the OMP, therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. Con: None, Findin~: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the OMP and the project was found consistent. Additionally, certain transpOltation improvements are included in the Developer Commitments section of the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvcmcnts precipitated by this development and water management improvements to accommodate site developmcnt are designed to accommodate the normal drainage requiremcnt and are already in place for the most pmt, Con: Urbml intensification (undeveloped vs. developed) could potentially increase area.wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whethel' the proposed change will scriously reduce light and air to adjacent areas. 1'1'0: The proposed development standards will cnsure that adequate light and air is allowed to adjacent propelties. Con: None. Findings: All projects in Collier County are subjcct to the development standards that are unique to the zoning district in which it is located, These developmcnt standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light pcnetmtion and circulation of ail' does not adversely affect adjacent areas. 10, Whether the PI'oposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination bascd upon anticipated results which may be intel'l1al or external to the subject property, and which can affect property values. Propelty EXHIBIT A Rezone Findings PUDZ-2007-AR-11121 Page 3 of 5 Agenda item No. 17C January 29, 2008 Page 44 of 129 valuation is affccted by a host of factors including zoning; however, zoning by itself mayor may not affcct values, since valuc determination by law is driven by market value. The mere fact that a propetty is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjaccnt property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Findings: The basic premise undcrlying 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, givcs reasonable assurance that a change in zoning will not result in deterrence to improvement or dcvelopment of adjaccnt property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed dcvclopment complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprchcnsivc Plan. In light of this fact, the proposcd change does not constitutc a grant of special privilege. Consistency with the FLUE is furthcr dctermined to be a puhlic welfare relationship becuuse actions consistcnt with plans arc in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance witb existing zoniug. Pro: The adoption of the GMP amendmcnt designating thc subject site as the Immokalee/Evergladcs Neighborhood Subdistrict discourages thc use of the site under the CUl1'ent zoning Estates designation as rcsidential. ~on: None. Findings: Thc proposed action will bring the zoning into compliance with the GMP Immokalee/Everglades Road Neighborhood Center Subdistrict; the current zoning is not compliant with that designation, 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this development request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. EXHIBIT A Rezone Findings PUDZ-2007-AR-11121 Page 4 of 5 Ag9nda Item No, 17e January 29, 2008 Page 45 of 129 Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to he acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Findings: As noted above, this site is the subject of a specific GMP Sub-district. That Sub- district was designed to accommodate the specific needs of that area of the County. 16. The physical characteristics of the property lmd the degree of site alteration which would be ,.equired to make the property usable for auy of the range of potential uses under the proposed zoning classification. Pro: Because of GMP increased setback, landscape and buffering requirements, the physical characteristics of the site will be minimally impacted. Con: Neighbors may prefer the site in its current existing state. The site is currently vacant and undeveloped. Neighbors may also prefer residential development permilted under the existing Estates District to the proposed mixed,use PUD because residential uses are perceived as less intrusive. Findin~s: Any development of this site would require considerable site alteration with the proposed use of this portion of the site, 17. The impact of developmcnt on thc availability of adcquate public facilities and services consistent with thc Icvels of service adopted in thc Collicl' County Growth Management Plan and as dcfincd and implemented tlll"ough thc Collier County LDC regarding Adequate Pnblic Facilities. Pro/Con: Not applicable Findings: As this site is outside of the Collier County Water and Sewer District, private septic tanks and water wells will be utilized until the County's service area has been expanded. Thus, there will be "no" impact on the availability of public facilities and services. EXHIBIT A Rezone Findings PUDZ-2007-AR-11121 Page 5 of5 /-'9~n.ja Item No, 17C ,January 29, 2OCi8 Page 46 of 129 Exhibit B PUD FINDINGS PUDZ-2007-AR-11121 Section IO.02.13.B.5 of the LDC of the Collier County Land Developmcnt Code requires the Plmming Commission to make a finding as to the PUD Mastel' Plan's compliance with the following criteria: 1. The suitability of the area fOI' the type and pattern of development proposed in relation to physical characteristics of the land, surrounding al'eas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed or is approvcd for dcvelopment of a compatible nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. Finding: The stipulations includcd in the PUD document adequately address the impacts from the proposed rezoning. 2. Adequacy of evidence of unified control and suitability of any Pl'oposed agrcements, contracts, or other instruments, or for amendments in those proposed, particularly as they may I'elate to arrangements 01' provisions to be made for the continuing opcl"lItion and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application providcd evidcncc of unificd control. Thc PUD document makes appropriate provisions for continuing operation and maintcnancc of common arcas. 3. Conformity of thc proposed Planned Unit Development with the goals, objectives, and policies of the Growth Managcment Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP, Con: Staff's analysis is subjectivc, Many of the goals, objective and policies do no have quantative means to measure compliance. The OMp TranspOliation Element Policies 5.1 and 5.2 contain measurable componcnts; howcver, FLUE Policy 5.4 does not. Compatibility is mOl'e subjective. Findill& Staff has recommended that the subject petition has been found consistent with the goals, objcctives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 Agenda ltem No. 17C January 29, 2008 Page 47 of 129 4. The internal and external compatibility of proposed uses, which conditions may include restdetiolls on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed development standards, landscaping and buffering requirements are designed to make the proposed commercial uses compatible with the adjacent industrial uses. Con: None. Finding: Staff analysis as containcd in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve tbe development. Pro/Con: Evaluation not applicable. Finding: The amount of opcn space set asidc by this project is consistent with the provisions of the Land Development Code. 6. The timing 01' sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and pdvate. Pro/Con: Evaluation not applicable, Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD rezoning process, but the project's development must be in compliance with applicable concurrency management regulations when developmcnt approvals arc sought. 7. The ability of the subject pl'operty and of surrounding arcas to accommodate expansion. Pro: County Transportalion Division Planning staff has determined that the proposed rezoning is consistent with the GMP Tnmspoliation Element requirements addressing roadway concerns. Con: None. Finding: If "ability" implies supporting infrastructure sllch as wastcwatcr disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon thc commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS PUDA-2007-AR-11121 EXHIBIT B Page 2 of 3 !^"genda item No. 17C January 29,2003 Page 48 of 129 8. Conformity with PUD regulations, or as to desirable modifications of snch regnlations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/e,,-!!: Not applicable; the petitioner is not seeking any deviations. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations as part of the rezoning action, PUD FINDINGS PUDA-2007-AR-1l121 EXHIBIT B Page 3 of 3 ,';';Jenda item No. 17C January 29, 2008 Page 49 of 129 (24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning districts, and not prohibited in Section 3.0., that is deemed appropriate by the Board of Zoning Appeals. \" J-\-AJ. \n.o~ ( ) B,tPermitted Principal Uses and Structures on l~tiefl8t Tract: I \ l.'\ 4;"'.d,1 "1 -7 (1) Child care centers\gro"u(8351), v I::u C. (2) Churches (group 8661). I I . I G I Wl A :lI'--,Ncr\6'. \.l,t'(,.:s. P'""'~',--\:N .r\ G..~\o--e"" :>>c.h ~1'1"~'I> Access'brv Uses: \>\,'" G\ S c"".c\: -\-;v---,,^ \A~,.l Uses and structures that are accessol)' and incidental to the Permitted Uses within this MPUD Ordinance for each respective Tract depicted on the MPUD Master Plan, except drive-through facilities which shall be limited only to banks on the Commercial Tract with a maximum of three (3) drive-through lanes per bank. D. Prohibited Uses: (1) Drinking places (group 5813) and liquor stores (group 5921). (2) Mail order houses (group 5961) and merchandising machine operators (group 5962), (3) Power laundries (group 7211) and funeral service and crematories (group 7261). (4) Radio and television representatives (group 7313) and direct mail advertising services (group 7331). (5) Amusement and recreation services (group 7999). (6) General, specialty, and psychiatric hospitals (groups 8062, 8063, 8069). (7) Educational services (groups 8211 - 8231). (8) Correctional institutions (group 9223), (9) Environmental resource and solid waste management (group 9511). (10) Homeless shelters and soup kitchens. Agenda Item ~~o. 17C January 29, 2008 Page 50 of 129 (11) Refuse systems, including hazardous materials (group 4953). EXHIBIT "B" DEVELOPMENT STANDARDS TABLE I Agenda Item No, 17C January 29, 2008 Page 51 of 129 DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (External) From Everglades Blvd. ROW From Immokalee Road ROW From other MPUD Boundaries MINIMUM YARDS (Internal) Side Yard Setback Rear Yard Setback MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT MINIMUM FLOOR AREA PRINCIPAL USES 10,000 Sq, Fl. 100 Feet 25 Feet 25 Feet 25 Feet 15 Feet 15 Feet 15 Feet 35 Feet and 1 Story 700 Sq. Ft.* 'Per principal structure on the finished first floor, SPS = Same as Principal Structure ROW = Right.of.Way ACCESSORY USES Not Applicable Not Applicable SPS SPS SPS 10 Feet 10 Feet 10 Feet 35 Feet Not Applicable Table I above sets forth the development standards for land uses within the Chestnut Place MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LOC) in effect as of the date of approval of the site development plan or subdivision plat. Development of The Chestnut Place MPUO shall be in accordance with the contents of this Ordinance and applicable sections of the LOC and Growth Management Plan (GMP) in effect at the time of issuance of any deveiopment order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LOG shall apply. ,4genda Itern r\jo. 17C Janu~jry 29, 2008 Page 52 of 129 EXHIBIT "en MPUD MASTER PLAN ~.5g R1 ,~ I~ ,0 zcn(") NU") E >. Q) 2rocn -:J("O ,"Co.. -0," C-, OJ Ol <{ :<<::::: " ., '.'... .. '. ., '.' ,'. , .. ..',.... ..',.... ......., o ::> CL ~ (]) C,) ill CL - ~ c 11) (]) .c o I : I : I \ I : I i , I : I I i I I I I <':,f.;:~~:: Jj3 I !: ";'~;m"~"t I I'll' f>1j'l k, .u~ I illl" ~ " .. ~ I :j i~" I 1'1: 0 ~ ... ;:J!.. i ~~~ \, ", i ' _ mptiOmu'1l1m.::'Poo'4ivq'i.'i!6N i!i It! 'It ~'~i;l ,: ! < .. II /" '~'T"<, ~ Iii /;1 '--HI:: d i, " ~~ ~. ~~: rl":-~/ ~: ~~~ ~, "< L" I -(:.0 ','u ~I ~~~ Ul, 3: 0)\ I -'l~ I 1 1 i~lt: ~1~9' I, I IJ ~~~':'! o I- I '-----'1 OJ "\Ole(.. ~, " 'r I '. ~ ~ ~" ~l ~ in ~'11..i, i; giU ~i ~ ~. f' ~ It~ "l : : ~:~ ~~IU~ ~, ,,' ~ >- - I " I< Qa:...... .: . "1'lJ ~~ ' '! 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'I.. ~ Iii> i:il 'g I.l- z~ -~ -.. 1:)9 Z": -m a::~:!t w~~ W%~ z~~ -~ii ...~" ....~- Z '~ ~u.... w~ ~ Z~;g o~:?e U)~ ~~ QWOQ o~- -~tt~ >""~o( <l:~~~ Qt:;d,U '~n,'rz,' '~, 'jO ~1f;)$ 3 a~ ilTllll 'f-HliH. 1'1',1" I ii!, : I:d : ,. j I, QI i ~. i "", ~; I ' 0, , , li\ I. ""I I !II iilil!: '1'\ ',I -~.t-+:l-'-I- ...11.: { :;'llil ~r , r, , f:.rT: ' ~ . I "',I:.........:...L,. . ~ u3 ~~ .J';!::<g lU!l:_g: .;';U~;I;g'! ; ~Q;i"; '-"'0 .;~ "~::-5.~ 1;;3~ !i!& u. ~ " )\g:::nda Item r~o. 17C January 29, 2008 Page 54 of 129 EXHIBIT "D" LEGAL DESCRIPTION The subject property being 6.01 acres, is comprised of two contiguous parcels, and is located in Section 29, Township 47 South, and Range 28 East. The legal description of the subject property is Tracts 113 and 114, Golden Gate Estates Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier County, Florida. ,I\genda Item No, 17G January 29, 20CJ8 Page 55 of 129 EXHIBIT "E" LIST OF DEVELOPER COMMITMENTS 1, UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available. 2. TRANSPORTATION A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition, B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C, Access points shown on the MPUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on-site construction. Since both Everglades Boulevard widening and Immokalee Road widening are in the Long Range Transportation Plan, but are not in the 5 year work program (at the time of adoption of this MPUD), this site shall be required to install a minim um 50- foot radius at each right-in access to this site. Payment in lieu (PIL) for required turn lanes has been supported by the TIS and is recommended by Staff, and as such shall be a requirement of this MPUD. The amount of PIL shall be negotiated by the developer and the County at the appropriate design phase of adjacent roadway improvements. Upon the County's approval of the amount of the PIL, the developer, his successors, or assigns shall pay this sum within 90 days of the County's request for the PIL. The schedule for negotiations is dependent upon the programmed construction schedule of adjacent roadways. Ag2nda item No, 17C January 29,2008 Page 56 of 129 E. Nothing in any development order (DO) shall vest a right of access in excess of a right-in/right-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity, F. If any required turn lane improvement requires the use of any existing County rights-of,way or easement(s), then a compensating right.of-way or easement shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review of the first subsequent development order application, The typical cross-section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator, or his designee. G. If, in the sole opinion of Collier County, traffic signal(s), other traffic control devices, signs, pavement marking improvements within a public right-of- way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns, The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the appropriate corresponding CO. H. The additional right,of-way shown on the MPUD Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 180 days of approval of the Chestnut Place MPUD. More specifically, this additional right-of,way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right,of.way and 39 feet in width along the project's entire frontage along the Immokalee Road right-of.way. 3. ENVIRONMENTAL A minimum of 0.61 acres (15% of the 4.06 acres of native vegetation on site) shall be required to be retained or replanted, 4. PLANNING Agenda Item No, 17C January 29. 2008 Page 57 of 129 A. Prior to developing the Commercial Tract or the Institutional Tract the developer shall have made provisions for shared parking between the 2 tracts. The developer of the Commercial Tract shall also cooperate in providing for shared parking with the abutting parcel owner to the south once that parcel is rezoned and during the County permitting process, B. A functional public open,space component shall be provided. Such public open-space shall be developed as green space within a pedestrian- accessible courtyard, as per the LOC, in effect at the time of this MPUO approval date. C. All buildings shall have tile roofs, "Old Florida" style metal roofs, or decorative parapet walls above the roofline. All of the buildings and signs shall have a similar architectural style and be finished in light, subdued colors, except for decorative trim. Bank drive-through facilities shall be architecturally integrated with the bank building. O. Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Walkways or courtyards shall connect adjacent buildings. Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center shall be created. E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access, F. All lighting facilities shall be architecturally-designed, and shall be limited to a maximum height of twenty,five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. (1) Where a street lamp is required, it shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. (2) Parking lot lamps shall be low,pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway or other area intended to be illuminated. (3) Where lighting of any recreational area is required, such lighting structure shall be mounted so as to focus illumination on the area /-\genda item ~~o. 17C JCinuary 29, 2003 Page 58 of 129 intended to be illuminated, and to limit the amount of light that extends outside that area. 5, LANDSCAPING AND BUFFERING A, A twenty-five (25)-foot wide buffer shall be provided along both Everglades Boulevard and Immokalee Road. This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet height within one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this twenty.five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area jf left in its natural state, and drainage conveyance through the buffer area shall be allowed, if necessary, to reach an external outfall, B. Where this MPUD directly abuts residential property zoned E,Estates outside the Neighborhood Center and without an approved conditional use, a minimum seventy-five (75) foot buffer shall be provided in which no parking uses are permitted, Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LDC. The native vegetation retention area may consist of a perimeter berm, Any newly constructed berm shall be re- vegetated consistent with the LOC, C, If a fence or wall is constructed between abutting commercial and residential uses, it shall be constructed on the commercial side of the required landscape buffer and shall not exceed a height of five feet. Walls shall be constructed of brick or stone, Fences shall be of wood or concrete post or rail types, and shall be open design (not covered by slats, boards or wires). - COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 6968 (i). . . '0",0 Agenda Item No. 17G January 29, 2008 Page 59 of 129 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643- ~ APPLICATION FOR PUBLIC HEARING FOR: (8J PUD REZONE (PUDZ) 0 PUD TO PUD REZONE (PUDZ-A) 0 AMENDMENT TO PUD (PUDA) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staff APPLICANT INFORMATION NAME OF APPLlCANT(S) _ CH ESTN UT RI DGE, LLC._________________________________________________________ ADDRESS 378S AIRPORT RD N. STE B-1 CITY__NAPLES____STATE___JL___ZIP__3410S___ TELEPHONE #__239-403-8899__CELL # _____________JAX # __239-403-9009________ E -MAl L ADDRESS :___BI LLH@HOOVERPLANNI NG .COM__________________________________ NAME OF AGENT __WILLIAM HOOVER, AICP. HOOVER PLANNING & DEV. INC. ADDRESS. 378 S AIRPORT RD N. STE B- L______CITY __NAPLES____ST A TL___FL___2IP __3410 L__ TELEPHONE #__239-403-8899__CELL # _____________JAX # __239-403-9009________ E-MAIL ADDRESS:___BILLH@HOOVERPLANNING.COM__________________________________ NAME OF AGENT __RICHARD YOVANOVICH. GOODLETTE, COLEMAN & JOHNSON. PA Application For Public Hearing For PUD Rezone 6114/04 item f--Jo. -17e ADDRESS J3nC:3ry 29, 2C1C!3 ~-":1e fO of 1 '>'~ 4001 N TAMIAMI TRAIL #300________ClTY__NAPLES____STATE___JL____ZIP _34103__:" --' TELEPHONE #__239-435-3535__CELL # ______________FAX # __239-435-1218________ E -MAl L ADDRESS:___ RYOV ANOVICH@GCILAW.COM__________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZI P __________ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZIP__________ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS __________________________ CITY _____________ STATE _______ ZIP__________ NAME OF MASTER ASSOCIATION: MAILING ADDRESS __________________________ CITY ___________ STATE ____ ZIP _______ Application For Public Hearing For PUD Rezune 6/14/04 . NAME OF CIVIC ASSOCIATION: ___GGE CIVIC ASSOCIATION________________~.:~~~~r~ 2~~2b~)~ Page 61 of129 MAILING ADDRESS _C/O MARK TEATERS, 140 WILSON BLVD SOUTH CITY NAPLES _ STATE _FL_ ZIP 34117_ 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 parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership __NA_______________________________ b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. The property is owned by Chestnut Ridge, LLC which is comprised of the following ownership: Owner's Name & Address Tom Beaver, 345 Esther St., Naples, FL 34104 Q. Grady Minor, Trustee, 5172 Seahorse Ave" Naples, FL 34103 Peter Schoenauer, 102 Driver Morris St, St Simons Island, GA 31522 Jeff & Leaetta Davidson, 2154 Trade Center Way, Naples, FL 34109 Jeremy & Rita Bhaduri-Sterk, 2875 Garland Road, Naples, FL 34117 Randy Rose, 3775 Airport Road N., Suite A, Naples, FL 34105 Bill & Charlene Hoover, 5690 Wax Myrtle Way, Naples, FL 34109 Mike & Holly Welsh, 2211 Marina Drive, Naples, FL 34102 Peter Tierney/Michael Moore, 9225 Gulfshore Drive N, Naples, FL 34108 Percent Ownership 10% 20% 5% 5% 2.5% 5% 5% 17.5% 30% 100% William (Bill) Hoover is President of Catalina Land Group, Inc. which is the manager of Chestnut Ridge, LLC. Application For Public Hearing For PUD Rezone 6/14/04 c. f h . h f TRUSTEE I' h b fA~enda It~,,~.!tI17C I t e property IS in t e name 0 a ,1St t e ene IClam~,$,""'Y ~':l!~008 trust with the percentage of interest. Page 62 of 129 Name and Address Percentage of OWnership __NA______________________________ d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership NA e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership __NA_______________________________ ----------------------------------- ----------------------------------- ----------------------------------- Application For Public Hearing For PUD Rezone 6/14/04 . Agenda Item No. 17C January 29, 2C1C18 Date of Contract:_____________8age 63 of 129 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address ___NA_________________________________________________________ g. Date subject property acquired ~ 6/18/2004 If, Petitioner has option to buy, indicate the following: Date of option: __NA______________________ Date option terminates: ___________________, or Anticipated closing date __________________ h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCA nON ---.---J Detailed le!!aJ description oftbe property covered bv the application: (If space is inadequate, attach on separate page,) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range __29___/_A7S___/__28E___ Lot: Tracts 113 & 114 Block: Unit 46 ____ Subdivision: Golden Gate Estate5-___________________ Plat Book__Z____ Page #:__11.____ Application For Public Hearing ~or PUD Rezone 6/14/04 Property I.D.#:____ 39091800002 & 39091840004 ___ Metes & Bounds Description: AgencJa Item No. 17C ,-!anuary 29. 2008 Page 64 of 129 ---------------------------------------------------------------- Size ohrooertv: _____101 O'___ft. X ___259'__ft. = Total Sq. Ft. AcreL___6.01 Acres ______ 261.590 _ Address/l!enerallocatioD ofsubiect property: SOUTHEAST GORNER OF IMMOKALEE ROAD AND EVERGLADES BOULEVARD. NAPLES. FL PUD District (LDC 2,03.06): 0 Residential 0 Community Facilities ~ Mixed Use 0 Industrial ADJACENT ZONING AND LAND USE Zoning Land use N___AG ____ fmmokalee Road & AQriculture_____ S___ESTATES____ Vacant. but within NeiQhborhood Center E___ESTATES_____ ____Sinole Familv Residence___________ W__ESTATES_____ _ Everolades Blvd. Vacant then Fire Station Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO, Section ITownshiplRange _______1_______1_______ Lot: _________ Block: _______ Subdivision:___________________________________ Plat BooL____ Page #:______ Property I.D.#:__________________________________ Metes & Bounds Description: _______________________________________________ REZONE REQUEST This application is requesting a rezone from the _______ESTATES________ zoning district(s) to the _____MPUD________________ zoning district(s). Present Use of the Property: __Vacant_________________________________ Application For Public Hearing For PUD Rezone 6114/04 Agenda Item No. 17e ----------------------------------------------------------------------------jdjludly~~~008 Page 65 of 129 Proposed Use (or range of uses) of the property: On Tract 113 (western Darcel) convenience commercial uses. office uses. and other commercial uses similar to those in the Cl to C3 ZoninCl Districts. On Tract 114 (eastern and smaller Darcel) child care centers and churches are DroDosed. Original PUD Name:___NA______________________________ Ordinance No.: ______________________ EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10,02.13,Bl l. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities, The land was cleared many years ago for agricultural purposes and much of it now is being overgrown with Brazilian Peppers and weeds. Both Everglades Boulevard and Immokalee Road are currently at LOS B and will remain at LOS B up through the estimated build-out date in 2009. Public water and sewer are not available, as is customary within Golden Gate Estates, so the developer will be required to provide a private well and septic system, 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or proviSions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after. consultation with the county attorney. The applicant owns all of the land within the proposed MPUD, A private property owners association will be setup to ensure maintenance of common areas if applicable during Site Development Plan review and approval. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Application For Public Hearing For PUD Rezone 6/14/04 The West Parcel is located within the Neighborhood Center Subdistrict or:;-(t1~3Esra~sU7~ Mixed Use District which allows commercial uses of the type proposed, The Eca.!~~~~gf~~9 adjoins the Neighborhood Center which allows the only 2 proposed uses (child care centers and churches), The Neighborhood Center is intended to provide basic goods, services, and amenities to Estates residents. 4, The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements, Neighborhood Centers have strict requirements on land uses and buffering/ screening and this project meets those standards. 5, The adequacy of usable open space areas in existence and as proposed to serve the development. The project will meet or exceed the minimum 30% open space requirement in the Land Development Code, 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, The project will meet the adequate public facilities provisions, as outlined in Section 6,02.00 of the Land Development Code and as set forth in Objective 1.2 of the Golden Gate Area Master Plan, 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is vacant and both Everglades Boulevard and Immokalee Road will be at LOS B at the time of the project's estimated build-out date in 2009. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed PUD Rezoning meets the PUD regulations as outlined within the Land Development Code. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions, You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use oetitions on the subject orooertv: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes (8J No If so, what was the nature of that hearing? -------------------------------------------------- Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 17G January 29, 2C1C18 Page 67 of 129 EXHIBIT "A" COMMERCIAL AND INSTITUTIONAL TRACTS PLAN LIST OF ALLOWABLE USES 1. PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master Plan. 2, GENERAL DESCRIPTION The MPUD Master Plan is intended to provide for both commercial and institutional land uses. The Commercial Tract designated on Tract 113 on the MPUD Master Plan is intended to provide retail and/or office uses limited to a floor area of 24,000 square feet. All commercial areas shall be developed with a common architectural theme that includes buildings and signs, The Institutional Tract designated on Tract 114 on the MPUD Master Plan is intended to provide child care and/or church uses limited to a floor area of 6,000 square feet. 3. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures on Commercial Tract 113: (1) Apparel and accessory stores (groups 5611 - 5661). (2) Automobile supply stores (group 5531 but only the sale of new auto supplies and no on-site installation). (3) Business services (groups 7311,7334 - 7336,7377,7378,7384). (4) Child care centers (group 8351), (5) Churches (group 8661). (6) Depository institutions (groups 6021-6062), (7) Eating places (group 5812 except for restaurants with a drive- through facility are not permitted). Consumption of alcoholic Agenda Item No. 17C January 29, 2C1C13 Page 68 of 129 beverages on premises shall be subject to requirements of the LOG). (8) Engineering, accounting, and bookkeeping services (groups 8711 _ 8721,8748), (9) Food stores (groups 5411 including convenience stores with gasoline pumps, 5421 - 5499), (10) Gasoline service stations (group 5541 but excluding sales of diesel fuel to heavy trucks over 1 ton rated capacity). (11) General merchandise stores (group 5399). (12) Hardware supplies (groups 5231 - 5251). (13) Health services (groups 8011 - 8049). (14) Home furniture, furnishings and equipment stores (groups 5714, 5719, 5734 - 5736), (15) Insurance carriers, agents, and brokers (groups 6211,6311 - 6399, 6411), (16) Legal services (group 8111). (17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992). (18) Motion pictures (groups 7832 but only in conjunction with a sit- down restaurant). (19) Personal services (groups 7212, 7221 -7251,7291), (20) Physical fitness facilities (group 7991). (21) Real estate (groups 6531,6541). (22) United States Postal Service (group 4311 except major distribution center). (23) Veterinary services (group 0742 for household pets only and no outside kenneling or overnight boarding). Agenda Item No. 17G January 29, 2C1C18 Page 69 of 129 (24) Any other commercial use allowed in the C-1, C-2, or C-3 zoning districts, and not prohibited in Section 3.0" that is deemed appropriate by the Board of Zoning Appeals, B, Accessory Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Ordinance for each respective Tract depicted on the MPUD Master Plan, except drive-through facilities which shall be limited only to banks on the Commercial Tract with a maximum of three (3) drive-through lanes per bank, C, Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden Gate Area Master Plan as Conditional Uses): (1) Churches (group 8661), (2) Child care centers (group 8351). D. Prohibited Uses: (1) Drinking places (group 5813) and liquor stores (group 5921), (2) Mail order houses (group 5961) and merchandising machine operators (group 5962). (3) Power laundries (group 7211) and funeral service and crematories (group 7261). (4) Radio and television representatives (group 7313) and direct mail advertising services (group 7331), (5) Amusement and recreation services (group 7999). (6) General, specialty, and psychiatric hospitals (groups 8062, 8063, 8069), (7) Educational services (groups 8211 - 8231). (8) Correctional institutions (group 9223), (9) Environmental resource and solid waste management (group 9511). (10) Homeless shelters and soup kitchens, /~genda Item ~,jo. 17C ,January 29, 2C1C18 Page 70 of 129 (11) Refuse systems, including hazardous materials (group 4953), EXHIBIT "B" DEVELOPMENT STANDARDS TABLE I .I\aenda Item No. 17e ~ January 29, 2C1C18 Page 71 of 129 DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARDS (External) From Everglades Blvd. ROW From Immokalee Road ROW From other MPUD Boundaries MINIMUM YARDS (Internal) Side Yard Setback Rear Yard Setback MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT MINIMUM FLOOR AREA PRINCIPAL USES 10,000 Sq. Ft. 100 Feet 25 Feet 25 Feet 25 Feet 15 Feet 15 Feet 15 Feet 35 Feet and 1 Story 700 Sq. Ft.' 'Per principal structure on the finished first floor. SPS = Same as Principal Structure ROW = Right-of-Way ACCESSORY USES Not Applicable Not Applicable SPS SPS SPS 10 Feet 10 Feet 10 Feet 35 Feet Not Applicable Table I above sets forth the development standards for land uses within the Chestnut Place MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan or subdivision plat. Development of The Chestnut Place MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. 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"';:Ia: .II,,; z....~r3 tigz w. u 0' ~ " Agenda item No. 17C January 29,2008 Page 74 of 129 EXHIBIT "D" LEGAL DESCRIPTION The subject property being 6,01 acres, is comprised of two contiguous parcels, and is located in Section 29, Township 47 South, and Range 28 East. The legal description of the subject property is Tracts 113 and 114, Golden Gate Estates Unit 46, as recorded in Plat Book 7, Page 31 of the Public Records of Collier County, Florida, /\gsnda Item No. 17C January 29, 2008 Page 75 of 129 EXHIBIT "En LIST OF DEVELOPER COMMITMENTS 1, UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available. 2. TRANSPORTATION A All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition, B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C, Access points shown on the MPUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits, All required improvements shall be in place and available to the public prior to commencement of on-site construction. Since both Everglades Boulevard widening and Immokalee Road widening are in the Long Range Transportation Plan, but are not in the 5 year work program (at the time of adoption of this MPUD), this site shall be required to install a minimum 50- foot radius at each right-in access to this site. Payment in lieu (PIL) for required turn lanes has been supported by the TIS and is recommended by Staff. and as such shall be a requirement of this MPUD, The amount of PIL shall be negotiated by the developer and the County at the appropriate design phase of adjacent roadway improvements. Upon the County's approval of the amount of the PIL, the developer, his successors, or assigns shall pay this sum within 90 days of the County's request for the PIL. The schedule for negotiations is dependent upon the programmed construction schedule of adjacent roadways, .5g~:nd,3 Iteill No. 17C January 29, 20G8 Page 76 ~f 129 E, Nothing in any development order (DO) shall vest a right of access in excess of a right-inlright-out condition at any access pOint. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee, Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public, Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. F. If any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then a compensating right-of-way or easement shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review of the first subsequent development order application. The typical cross-section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator, or his designee. G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control devices, signs, pavement marking improvements within a public right-of- way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the appropriate corresponding CO. H. The additional right-of-way shown on the MPUO Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 180 days of approval of the Chestnut Place MPUO. More specifically, this additional right-of-way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way and 39 feet in width along the project's entire frontage along the Immokalee Road right-of-way. 3, ENVIRONMENTAL A minimum of 0.61 acres (15% of the 4,06 acres of native vegetation on site) shall be required to be retained or replanted. 4, PLANNING . - . A f'\o.:mda item ~~o, 17C ~, 79 CClC)8 "anuary _ , L <- Page 77 of 129 Prior to developing the Commercial Tract or the Institutional Tract the developer shall have made provisions for shared parking between the 2 tracts, The developer of the Commercial Tract shall also cooperate in providing for shared parking with the abutting parcel owner to the south once that parcel is rezoned and during the County permitting process. B. A functional public open-space component shall be provided, Such public open-space shall be developed as green space within a pedestrian- accessible courtyard. as per the LDC, in effect at the time of this MPUD approval date. C, All buildings shall have tile roofs, "Old Florida" style metal roofs, or decorative parapet walls above the roofline. All of the buildings and signs shall have a similar architectural style and be finished in light. subdued colors, except for decorative trim, Bank drive-through facilities shall be architecturally integrated with the bank building. 0, Pedestrian traffic shall be encouraged through the placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. Walkways or courtyards shall connect adjacent buildings, Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center shall be created. E. Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access. F, All lighting facilities shall be architecturally-designed, and shall be limited to a maximum height of twenty-five (25) feet Such lighting facilities shall be shielded from neighboring residential land uses. (1) Where a street lamp is required, it shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. (2) Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot. building entrance, walkway or other area intended to be illuminated. (3) Where lighting of any recreational area is required. such lighting structure shall be mounted so as to focus illumination on the area . ..1,g~nda Item No. 17C January 29,2003 Page 78 of 129 intended to be illuminated, and to limit the amount of light that extends outside that area, 5, LANDSCAPING AND BUFFERING A. A twenty-five (25)-foot wide buffer shall be provided along both Everglades Boulevard and Immokalee Road. This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet height within one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass, Existing native trees shall be retained within this twenty-five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement Water retention/detention areas shall be allowed in this buffer area if left in its natural state, and drainage conveyance through the buffer area shall be allowed, if necessary, to reach an external outfall, B, Where this MPUD directly abuts residential property zoned E-Estates outside the Neighborhood Center and without an approved conditional use, a minimum seventy-five (75) foot buffer shall be provided in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LDC. The native vegetation retention area may consist of a perimeter berm, Any newly constructed berm shall be re- vegetated consistent with the LDC. C. If a fence or wall is constructed between abutting commercial and residential uses, it shall be constructed on the commercial side of the required landscape buffer and shall not exceed a height of five feet Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be open design (not covered by slats, boards or wires). A five or six foot high wooden fence shall be constructed within the eastern 75-foot buffer of the Institutional Tract at the time of the creation of this 75-foot buffer along the eastern boundary of the Institutional Tract D. Proposed Land Development Code Amendment 2007 (as revised on November 6, 2007), Cycle 2, Section 10,02,03A5, Letters a, b, c, and d, relating to non-compatible uses, shall apply to the subject property, and shall be enforced as written. I . I ~ ~ I . . U""O) t:.-.;':)N " I '")~ ,; .'0 . . . .....030) , . ~ r- C em ~ '"cuO) ~ ':=:::Jrtl , . a. cuCo.. 2 ~ . 'Om 0 0::( c' w- ~ w '" t:!;( " 0) <DO Ii ell w , ::2: <{ '3 ~ . w . . '<t ~ 0 < ::l < . :t: ~ ~ ,. .; (.!) , . . Z - , , , , Z 0 N '" ~ ~ a: <C , '" 0 0 '" , N Cl :;) "- .. z 0 f- , , f- n w "- ffi ~ H o . a. 0::( ::2: z 0 - I- 0::( () 0 ---1 ~w..lUN / ____ _ IL. " , U < ffi o ~ .0 6~ 'ers 1-2 00 w- -!;( 00 "'0 "-J ~ '" " ~ I II I '" d " " 1 j: ~ ~S6 .C1~ z ~ ~ ~ 'L I ~~ 0< #'''' .,,6 Agenda Item No.1?C January 29, 2C1C18 P '" f 129 CIVil ENGINEERING' PlM,NING . lAND D[VUOPMU,T SERVICES DAVIDSON ENGINEERING Chestnut Place Transportation Impact Statement PUD Re-Zone PUDZ-2007-AR-11121 REV: 2 Project: 2005050027 Dale: 7/19/07 DUE: 8/16/07 Pl'cpal'(~dfol'; Chestnut Ridge, LLC 3775 AirpOlt Road North, Suite B Naples, FL 34105 Preparcd by Davidson Engineering, Inc. 2154 Trade Center Way Naples, Florida 34109 July 16,2007 STATEMENT OF CERTIFICATION I certify that this Traffic Analysis has been prepared by me or under my immediate supervision and that I have experience and training on the field of Traffic and TranspOItation Engineering, ,lljl' ", _;1 i,..1 ["I',' .'" ... '.'_. .~ \1.. Jeff 1. Davidson, P,E., No, 47161 Company ID # 00009496 2154 Trclde (enlerWay, Suile #3. Naples, Florida 34109. Phone: 239.597.3916. Fox: 239.59 .5195 www.david5onengjneering.com '~{lenda Item No. 17C ,January 29, 2008 Page 81 of 129 Figw'e 1. Site Location .~ tAp.,"'"Q,VE'S"T r;;-:5- o~ 1ml 1km 3' v. :; ~ '" n;- O> I I' , \ ,~lmmokalee Rd -----...............'.......,...., ;;.c_.'.T....... .,.,-"'_-'-',_~_...;.;.,-'--'-"...;.;..,...-c.' ,:~-;:-::t'::~:':::'~~ ..1 , \. , , 0, E v e r \ g I I Ii r T ,11 ',i, 'II, il.; Ii! i I i idi I'i II ~.;! . ..' . I . ~.I I I.~.~!_.~t~I.I. v~~~A,..",...I~,:I:".L",""",.... I! i I i I I: 111!f';:T-.;~1.~jf.)'.~~-j. . .; i Ii! . ' I' (' ',_Cl',~",~f,:,;:, ~ 2007 MapOlles ,~llqi,':','~+,::c'-i ~ I.. I I i , ! ."QJLW!'!!.L<a.. "', ,,--'--._'., . ",---"_.,,_.,, ,',. @2007Nl'IVTEQ General The project site consists of about 6 acres and is located on the southeast corner of the intersection of Immokalee Road and Everglades Boulevard, More specifically: Section 29, Township 47, Range 28, The site is rectangular in shape and has about 960 feet of frontage along lmmokalee Road and about 260 feet of frontage along Everglades Boulevard, The project site is compriscd of Tract 114 (the westcrly 630 feet of frontage on Immokalee Road) and Tract 113 (the easterly 330 feet of frontage on Immokalee Road).Tract 114 is within the Neighborhood Center located at the intersection of lmmokalee Road and Everglades Boulevard which allows commercial retail and office land uses to be requested, Tract 113 allows child care facilities, schools, and churches to be requested. Tracts 113 and 114 are currently zoned vacant residential and are proposed to be rezoned for the uses outlined above via a MPUD, Existing Conditions Currently, the sites are undeveloped and zoned vacant residential. Proposed Improvements Option A: The proposed maximum build-out ,,111 be 24,000 sf of shopping center for the west parcel and 6,000 sf of institutional day-care facility for the East parcel. Option H: The proposed maximum build-out v,111 be 14,000 sf of shopping center and 4,500 sf of gas station/convenience store for the west parcel and 6,000 sf of institutional day-care facility for the East parcel. 2 Agenda Item r~o. 17e Janc3ry 29, 20Cl8 Page 82 of 129 Site Access and Build-out The site is will he acccssihlc from both Everglades Blvd and Immokalec Road, This project is expected to reach full build out by 2009, Trip Generation (Option A) Trip generation rates are per the Institute of Transportation Engineers publication, Trip ,Ge7wraHon Seventh Edition, The Land Use CategOlY and associated criteria used to analyze the project will be: A) ITE Land Use Category The LUC for the parcels are; Institutional - LUC 565- Day Care Center Commercial - LUC 820 - Shopping Center B) Analysis Criterion (Units) Institutional - Number of Students = 90 sludents Commer'cial - Gross Leasable Area = 24,000 sf Table 1, Proposed Day Care CentC/' LUC 565 (Based on students) X = 90 Studenls Calculated Traffic Daily Traffic = 404 '1 AM Peak Hour~- 'I Traffic=71 PM Peak Hour T = Traffic=6 No(e: The mlill,ysis based OIl students has milch better gencnltioll data :lvllilnhle in the ITE than the generation data offered fur the analysis based OIl square footage. ---- . --------------- Equation Entering Exiting . = 4,55(X) - 5,64 202(50%) 202(50%) '= O,73(X) + 5,24 38(53%) 33(47%) -- 37(53%) 0,87 Ln(X) + 0,32 32(47%) -.-- ------~--- -~--- Tuble 2, Shopping CentC/' LUC 820 (Based on squarefootage) X=24 .-.---- Calculated Traffic Equalion Entcrin\T Exiting - --------- -- ----~~ - _____ 0 Daily Traffic = 1031 T = 42,94(X) 516(50%) 515(50%) I-----c ___00- -~ 40(6i%)-- 26(39%) AM Peak Hour Traffie=66 Ln(T) = 0,60 Ln(X) +2,29 --PM Peak 1I0ur Traffic=90 T = 3,75(X) 43(48%) 47(52%) Note: The average rates were used for the daily traffic and the PM peak hour because the fitted equntions yield el'roneously high numbers of trips. Pass-By Trips Reduction As per methodology meeting and pass-by trip reduction discussion with Collier County, a rate of 35% was agreed upon by boLh parlies, Therefore, (1-0,35) = 65% non-pass-by lrips 3 ,l:..genda Item No. 17C January 29, 20Cl8 Page 83 of 129 Pass-By Reduction Applied Table 3, Shopping Center LUC 820 (Based on square footage) X=24 Calculated Traffic Entering Exiting ~-- Daily Traffic = (1031'O,6S)=670 33S(50%) 335(SO%) AM Peak Hour Traffic=66 40(61%) 26(39%) PM Peak I-lour Traffic=(90*o,6S)=S9 28(48%) 31(S2%) Note: Pass-by rate was applied to Dally Traffic and PM peak hour traffic as per ITE TGH Table 5,1. Pass-By Reduction Applied Table 4, Day Care Center LUC 565 (Based on students) X=90 Calculated Traffic Entering - - --- ..,-"-.-- Exiting Daily Traffic = (404"0.65)=262 131(50%) 131(50%) --.--- AM Pe~k Huur Traffic=(71"o,6S)=46 28(61%) 18(39%) PM Fmik Hour Traffic=(69*O,65)= 45 22(48%) 23(52%) Note: As pel' methodology meeting wi Collier County, 35% pass~by rate should be applied to everything. It seems reasonable that parents will dl'Op off/pick up their children while passing by la/from .work. Table 5, Net New Trips (Option A) Calculated Traffic --.-- Entering Exiting DailyTraffic~ 932 ---.-- 466 466 ---~- AM Peak Hour Traffic=112 68 44 PM Peak Hour Traffic=104 SO 54 Trip Genel'ation (Option B) Trip generation rates are per the Institute of Transportation Engineers publication, Trip Generation Scvcnth Edition, The Land Use Category and associated criteria used to analyze the project ,,~ll be: A) !TE Land Use CategOl'Y The LUC for the parcels are: Institutional - LUC 565- Day Care Center Commel'cial - LUC 820 - Shopping Center - LUC 853 -Convenience Market with Gasoline Pumps B) Analysis Criterion (Units) Institutional-LUC 565: Number of Students = 90 Commercial- LUC 820: Gross Leasable Area = 14,000 sf LUC 853: Gross Floor Area = 4,500 ,'if 4 ,D.(]S';1(J3 Item 1\10, 17C ~ ,january 29, 2C1C13 Page 34 of 129 Table 6, Pl'Oposed Day Care Center LUC 565 (Based on shldellts) X = 90 Students Calculated Traffic Equation Entering Exiting Daily Traffic = 404 T = 4,55(X) - 5,64 202(,50%) 202(50%) AM Peak Hour T = 0,73(K) + 5,24 38(53%) 33(47%) Traffie=71 PM Peak Hour T = 0,87 Ln(X) + 0,32 32(47%) 37(53%) Traffic=69 Note: The nnnl)'sis based on students has much better gencration data available in the ITE than the generation data offcred for the allAlysis based 011 square footage. Table 7, Shopping Center LUC 820 (Based on squarefootage) X=12 Calculated Traffic Equation Entering Exiting Daily Traffic = 515 T = 42.940;',) 2S8(so%) 2S7(SO%) AM Peak Hour Traffic=43 Ln(T) = 0,60 Ln(X) +2,29 26( 61%) 17(39%) PM Peak Hour Traffic=4,5 T = 3,7,5(X) 22(48%) 23(52%) Note: The average rates were used for the d:lily traffic itlld the PM pe:tk hour bec;:lUse the fitted equations yielded errolleulIsly high numbers of trips. Tuble 8, CO/ll)(mience Market with Gasoline Pumps UIC 853 (Squore Footage) X=4,5 Calculated Traffic Equation Entering Exiting Daily Traffic =3RoS T = R4S,60(X) 1903(,50%) 1902(,50%) AM Peak Hour Traffic=20,5 T = 45,S8(X) 103(SO%) 102(SO%) PM PcaFi-iour Traffic=2.73 .-._.-""----. .- -~----._-~----- --.. -- ,,----,-- T = 60,61(X) 137(SO%) 136(,50%) -------- " ---- ..-------.-- ___n_ ____n____ -- ---- ------ Note: The average I'ates were used for the cluily tl'lIffic~ AM llnd PI\-{ peak hours because the fitted equations were not offere.d for LUC 853 bllsed 011 squlll'e footage. Pass-By Trips Reduction As per methodology meeting and pass-by trip reduction discussion with Collier County, a rate of :,5% was agreed upon by both parties, Therefore, (1-0,3S) = 6S% l1on-pass-by trips Tobie 9, Shopping Centcr LUC 820 (Pass-By Reduction Applied) X=12 Ca!cuTatc(l 'J\affic- .. . -iTiiicring -- Exiting Daily Traffic = (S1S"0,6S)=33S 167(SO%) 168(so%) AM Peak Hour Traffic=43 26(61%) 17(39%) PM Peak Hour Traffie=(4s'o,65)=29 14(48%) 1S(S2%) Note: Pass-hy rate WIlS applied t.o Daily Traffic and PM peak hOll], traffic ns pel' ITE TGH Tnble 5.1. 5 Agenda Item No. 1IG January 29, 2C1C18 Page 85 of 129 Table 10, Convenience Store with Gasoline Pumps LUC 853 ((Pass-By Reduction Applied) X=4,5 Calculated Traffic ,----.-..----- Entering Exiting -',-'-, - 1237 (50%) 1236 (50%) Dally Traffic = (3805"0,65)=2473 AM Peak Hour Traffic-(205*O,65)-133 86(61%) 47(::19%) PM Peak Hour Traffic=(273*0.65)-177 85(48%) 92(52%) --'-,- Note: PassMby rate was applied to Daily Traffic, AM and PM peak honrtraffir. as pCl' ITR TGITTable 5.1. Table 11, Day Care Ccntcr LUC 565 (Pass-By Reduction Applied) X=90 _. "--.-....-.-----" ',----- '- Calculated Traffic Entering Exiting Daily Traffic = (404*0,65)=262 131(50%) 131(50%) AM Peak Hour Traffic=(71"'o,65)=46 28(61%) 18(39%) PM Peak Hour Traffic=(69'O,65)= 45 22(48%) 23(52%) -"--"'-'--" Note: AB per methudology meeting wJ Collier County, 35% pass~by rate should be applied to everything. It seems reasonahle that parents wm drop off/pick IIp their children while passing by to/from work. I a .e 12. et ew rws muon Calculated Traffic Entering Exiting Daily Traffic = 3070 15:35 1535 AM Peak Hour Traffic-222 140 82 PM Peak Hour Traffic=251 121 130 ---.--- " bl N NT' (0 B) Sincc Option B produces more Net New Trips, it shall be usedfnrfurthcr analysis in the report hecallse it is more restrictive. Figure 2. Distribution (<There will be tl'ip d1'Op-nff th1'OlJqh the residential areas before entering 2'''llink*) ~_. ! "I :~;~,' , --, I 35% II c, I :~% J I t r' "'~ 1I111~lOkaloel!lRrJ ; I .m~"~i-J ..... "-'~' ,__L_. i 35%tl~---':- --:., .-. -::::J .. --. " ..,,, r==cc",.~.,==1 c,.,=._ Site :too -0 -"'~---"-~'i --..-- ~___ ~ .. ro I I --=.' Q) '~i I -- \" -- - -.. ~ ~ - -&i- oE .. ~o>-j -- --~- ~-,. -I" --_._'--\- .1; ~".._.<ll. .-..-- -;' a; I " ~._---_. .... ". m.. i. ---I-~;~~1i' 1,. "".,'(^...' ,,,.-=...-,,.oo,t.--- ...1 8%* " 6 _, II' Figure,3, AM Peale Hour I "."""...t,, . -""'~"N -0 n:: OJ I., Q) 7;l '" O' . ,.__..E _._ S --] -i '- I I , , , -::,-~Ir -.. Q) ---gl -~ __~_m_"'~:-:-~-~i ~ -----.!',!__ ill , >1 ~.~Wi 35% 49 29 -~--- ... -.-.. " " ~,~.~~ I I 8%* 11 7 R%.* 1] 7 30%* 42 25 ! nut '- =-:--J -0 0:: OJ OJ 'i\i '" o EI._ S ----=--=-- '" 8%* 10 10 8'1. * " 10 -,..'... 10 "----j 30%'" 36 46 ..s.gsilca item ~Jo. 17C J3iluary 29, 2003 ?a'J9 ,sS of '129 -/---- I ; ~ IrnllOka'ee r<d 30% 42 25 I I Irn,lokalee Rdl 30% "I ~~,J--.... .. ' I ~__'~~~:. \ I n _ Ii I -=---+ I ' ", _..~_._-_.":,.:..,,,I-i---------{- ,oo, I 'r XX% xx Enter XX Exit \ ~.. XX% XX Enter XX Exit 7 Figuf'e5.AM PeukHour (2nd Link, Immokalee) (*There will be trip drop-of! through the residential areas before entering 2;'" link') 8L" IELld+~II;II~II:,:"~~'~~)ll ':'." a. mffi AV ~ -It: ..J ..' I I ..), .. - < 1'0I1R-1Efl: AV ~ Li ~ c \\ 0" \ ....<) 'I t , ' "" -" ~ K6.!N:31~..._ ~ ~ 1~__~__ 12% 17 10 o , -:// ~ {.. ~ ~ , JIG ^V (ROOE:R1S "'Vj . " . Agenda Item No. 17C January 29, 2C1C18 Page 87 of 129 t1 'vi ~ " . " . 7 ~ ;; ... 2: :;: ~ ~d AV (,l 0:: "F<oat: ~ 1-- ~ c^ w -9' :x:: ~ 0:: <( ti -we; ~~" . :: ~ -, --7 ,"j " ~ '1~----~ Link JiJ'ii'iJ. #83 !}'/\~9~ 11~~ ,~< </y~ "'Z,y,~, ~ "~~ ~ ~ ~ ~ t; ~ Vi _ __.._~ _ ~~ ,._'" t;~-.. ,... ,- ,... Link 1184 ., ,. ~ . ,. TetI AV {Il .0.\1) 8% ]0 10 ....--.. ~<I , . (]flAllGE: ST "..l COUh rWC)l):, lO ~,. <Xl , Q:' o r:~Jf:.R..~~ ~~- WS1IS/,v r- (I) F'Au,lsno AV , h' 10 ..L__J.__~ [}'J..I( IN ~ . "' +' en ~ VJ XX% XX Enter XX Exit Figure 6, PM PeukHow' (2nd Link, Immokalee) ~ 0 ~ T~ J-~'I" "1\11 .j' VI'-' I Ii \ 'J'.",. "_'::.-~/ lu II I ( II ""'",,'t.~ll'n 0 L " ~ ~ :;UJAV '~l ~I J " > . tol<Rrs,1EI1 AV f(08ERT!lI.y ~I "' . ~ ~y (.1td AV) ,0 'r:> \' [" '.~ -? ~ ~, '>.;..I~ ~ , . 12% 15 j6 ... " . " " k " ;0; z z z 2<ld AV- . .~. ~r'~ t-~ Tlii t.::; (u ,,"'oJ) Link 1184 ~ " ~ ;; l""LI.4ElTU AV CAA~RAV ~ < a to ~ ~ ~ , DUNl AV ~ l~ " . ',(\l'ql::'f.i~Y;cl/t 1'. './ '~_'S 4? ''r/' J 1::. If}' Ll 1'.r{J.~~''- CY. 1'" r~:' ~ i 10 ..,. "( .<( 10 i ~ : ....--.. I~J~L c_, _ ~ ~ <f. L ~ ~,--~ ._~-':;-~"';"llll" Link ~ ~.\_, ,. \. #83 .,v~~~ II (Ii j'; .. :,7 ,\" /:0, ~f'~ ~I~' .,?Y~~'\~ [Y "1" ~ ~ '.'" (j \Ii:n t;; ~. --~----~ -~_._... @-- - E\JSTI:> AV f.- UI +' en (j) 8 Agenda item No. 17C J?muary 29, 2008 83 of 129 5-yr Avg, St. Hist. # 2002 2003 2004 2005 2006 Growth Impacted Segment ADT ADT ADT ADT ADT Rate 672 Immokalee Rd:2 miles East of 5,125 4,733 4,806 5,661 6,089 4.8% EverQlades , --."- ------- ---- 635 Everglades Blvd: North of Oil 3,105 3,974 5,328 6,491 7,163 23.56% Wen Road -- ..----- ----...... -- -- 725 Oil Well Road: East of Big 5,340 6,692 6,119 6,788 7,289 8,77% Cy',ress Elemenlan' S,,!t.o~_.. ----- -_._~--~-_._"-- 586 Immokalee Rd: South of Oil Well 14,950 16,537 16,485 19,877 23,268 11,98% Rd, ._._-.-------"-. .---..---.. 665 SR 29: North of Farm Worker's 9,919 9,940 10,131 9,875 9,915 Village 2,00% -_.+ - -.---- --- ----- ----- ----- -- 664 Main St. (SR 29): W, of South 1st 12,944 13,451 13,627 14,327 15,014 3,79% 51. Everglades Blvd: Noriho{(3olden --.-.---- -- 636 Gale Blvd. 4,448 5,817 6,520 8,108 8,090 16.75% ---.--. Table 11, I) - Year Historical Gl'Owth Note: 5-Y,. Avg. historic groH,th rate calculated using Collier COUHty 2006 Average Daily Traffic Table 12. .I) - Year Horizon Backgrolind Traffic Peak Direction/How' 2006 AlJIR ....._-.. -..--------..-------.-.- .- -" -.---- I 5-YI' Avg. 2006 2012 + IIist. AUTR 2008 Project Roadway Road Segment Growth 2007 2009 2010 201.1 Ca pacity Rate Total Trips --"_...~----- ------- ---_._~- -- .----- -- ID#:46 Il11l110kalce Rd. 4,8% 280 293 3C18 322 338 354 420 860 Oil \Nell Rd, to SR 29 ID#: 135 Everglades Blvd, 23,6% 430 531 656 811 1,002- 1,238 1.579 900 Oil Well Rd, to Il11l110kalee Rd, ID#: 122 Oil Well Rd, -----.., "---- Irnmokalee to EverglaQcs 8,77% 550 598 651 708 770 837 921 1,010 .---- ~---- ..------- - ID#: 122 Oil Well Rd, 7.0%,'(. 350 375 401 429 459 491 536 1,010 I--l<:verglades to Desoto ID # 45: Immokalec Rd. 11.98% 1,180 1,321 1,480 1,657 1,856 2,078 2,373 3,670 South of Oil Well Rd. ID# 83: SR 29: North of , 2.00% 450 459 468 478 487 497 517 875 Farm Worker's V.iD.~g~ ---.--..- ----- - .-.. -., -I. m.___ - ----- ID# 84: Main St. (SR 29): 3.79% 660 685 711 738 766 795 842 1,860 W, of South 1st St ID# 134: Everglades Blvd, N, , of Golden Gate Blvd. 16,75% 520 607 709 827 966- 1.128 1,328 900 ...---."----- - ---_.~_. ..-...~-_. .-- -------.- -~_.- _._.__._-~ -~- 'Assumed 7,0% growth rate for this link because no data is available in the AADT, however there is information in the AUIR, This growth rate should be slightly smaller than that of the growth rate on Oil Well Rd, bctween Tml110kake and Everglades Blvd, because there is less development in that area, - Everglades Blvd, is expected to fail in 2010, However, it is not likely that a 24% growth rate v,~ll continue into the future, The growth rate should start to taper off and plateau as the segment approaches capacity. Furthermore, Everglades Blvd, is expected to fail in the year 2010 with or without the addition "fthis projeet, 9 Agenda Item No. 17G January 29, 2C1C18 Page 89 of 129 Trip Distribution and Traffic Study Area (1ST Link) Table 13, Impacted Segments --"." _.__.- .ID# Segment Service BT TB PT RC LOS Volume ,-.. Immokalee Rd, 46 Oil Well Rd, to SR 29 860 280 146 49 385 A 135 Everglades Blvd. 900 430 61 49 ;;60 C ___.m Oil Well Rd, to Immokalee Rd, . BT= Background Traffic (Existing) . TB= Trip Bank . RC= Remaining Capacity . PT= Project Trips . LOS= Lcvel of Service Consistency The impacts to the first link: 49 PT to Link #46, 49/860 = 5,70% 5,70% > 2% 49 PT to Link #135, 49/900 = 5-44% 5-44% > 2% Therefore consistency is not met on the first link so further analysis of the next segment is required, Trip Distribution and Traffic Study Area (2"d Link) -~ ID# Segment Service BT TB PT RC LOS Volume 122A Oil Well Rd, 1,010 D Immokalcc to Everglades 550 119 11 330 122B Oil Well Rd, 1,010 350 11 462 C Everglades to Desoto '77 -- Inullokalee Rd, 45 Wilson Blvd, to Oil Well Rd, 3,670 1,180 593 46 1,851 C 83 SR29 - CR 858 to SR 29A 875 61 (New Market) 450 10 293 C ~. 84 SR 29 - CR 29ASouth to N,15th St 1,860 660 116 17 1,787 B Everglades Blvd, Golden Gate Blvd, -- ---_.- -_.~. 134 to Oil Well Rd, 900 520 74 11 295 C . BT= Background Traffic (Existing) . TB= Trip Bank . RC= Remaining Capacity . PT= Project Trips . LOS= Level of Service ---..- Consistency The maximum impad to the second link: 46 PT to Link #45, 46/3,670 = 1.25% 1.25% < 2%, Therefore, consistency is met on the second link, so no further analysis is required, 10 /\Jenda :tem No. 17C ~ January 29, 2C1C18 Page 9C1 of 129 Tm'll Lane Analysis Everglades Blvd. There is no possibility for a left tUI'll lane heading southbound on Everglades Blvd, due to fact that the entrance to the site can only be a maximum of 200' from the intersection with Immokalee Rd, Collier County requires a minimum o[ 660' f1'0111 an intersection to construct a tUl'lllane, There are plans to expand Everglades Blvd, to a 111ulti-lane divided roadway in the future. A right hand turn lane will then be required, heading northbound on Everglades Blvd. P,I.L. was discussed and agrccd upon as the method which will be taken in order to secure the northbound right hand turn lane. This turn Jane ,,~llneed to be 185' in total length with no storage required as there will be no stop condition, This is concurrent ,,~th the 2006 FDOT Design Standards Index No, 301, assuming a design speed of 45 mph, Immokalee Blvd. 111is section of Immokalee Rd, is also on the work schedule to be improved to a six lane divided roadway, Therefore, a right turn lane will be provided into the site heading eastbound on Im1110kalee. Assuming a design speed of 45 111ph, the turn lane will need to be 185' in total length "~th no storage required as there will be no stop condition, Heading westbound on Iml11okalcc, the left turning movement does not meetlhe wal'l'ant [or a median opening according to Collier County rcquiremcnts. Intersection Analyses ImmokaIee Road/Everglades Boulevard Intersection Analysis An un-signalized intersection analysis was done for both the AM and PM Peak Hour for tbis inlcrs.'ction, This is a 3-legged or ''T'' intersection ,,~th Immokalee Road being the main roadway and Evergladcs Boulevard ending bere via a stop sign, The intersection was analyzed using HCS+ software. Exhibit 1 shows the projeeted AM Peak Hour traft1e without including the projcct's traffic in 2009 (build-out date) to be at LOS B with an average intersection delay per vchide of only 11.1 slu.mds, Exhibit 2 ~hows thc AM Peak Hour traffic after adding in tbe project's traffic and the intersection remains at LOS B and the avcrage interscction dclay pCI' vehicle increases to 12,0 seconds. The PM Peak Hour traffic, ,~~thout the project's traffic in 2009, is displayed on Exhibit 3 and the intersection is shown to be at LOS B with an average intersection delay of 11,5 seconds per vehicle, Exhibit 4 adds in the project's traffic during the PM Peak Hour and indicates the average delay pel' vebicle ,,~]] increase to 13,2 seconds but the intersection will remain at LOS B. Oil Well Road/EverKlades Boulevard Intersection Analysis A signalized intersection analysis was clone for both the AM and PM Peak Hours using HCS+ software. This is a 4-legged intersection that w:ill be substantially improved and signalized by 2009, Exhibit 5 shows the intersection to be at LOS C with an average intersection delay per vehicle of 29,8 seconds excluding the project's traffic during the 2009 AM Peak Hour. Exhibit 6 includes the project's traffic during the AM Peak Hour and it results ill the intersection remaining at LOS C vvith a very minor incrcase in the average intersection delay pel' vehicle of 30,0 seconds, Exhibit 7 shows the pl'Ojcet(,d PM Pcak Honr intersection traffic, without including the project's traffic, in 2009 and it results in the intcrscction being at LOS C with an average intersection delay per vehicle of 28,6 seconds. Exhibit 8 shows the PM Peak HoUl' 11 ,l\genda Item No. 17e January 29, 2C108 Page 91 of 129 u'affic, including the project's traffic, and it indicates the intersection will remain at LOS C with an insignificanl increase in the average intersection delay per vehicle of only 0,1 seconds to 28,7 scconds, Exhibit 9 shows thc intcrscction detail, prepared by CH2MHiII, for the current roadway improvements being made to this intersection, Conclusion Currently, Collier County Transporlation is planning to improve bolh of the roadways being directly and immediately impacted by tbis development. The proposed use for this site will generate traffic which meets Collier County consistency requirements, even with the roadways at lheir current level of service, Therefore, v.1th the planned improvements to the roadway system, this project vdll have a miriimal impact on the surrounding roadways, Local residents will champion the development of this property, as it will be a great attribute to the neighborhood, Appendix (Intersection Analysis) 12 HC.s+: lJnsignali7.ed Intersect.ions Release 5.2 Aaenda Item No. 11C - January 29, 2C1C18 Page 92 of 129 Exhibit TVIO-vIAY STOP CONTROl, SUM[~ARY ~ Analyst: Agency/Co, : Davidson Engineering Dilte Performed: 7/12/Cl7 Analysis Time period: AM Peak Hour Intersection: Immokalee Rd/Everglades Blvd. Jurisdiction; Units: U. S, Customary Analysis Year: 2009 Project 10: Chestnut Place - Without Project's Traffic East/West street: Immokillee Road North/South Street: Everglades Blvd, Intersection Orientation: EW Study pcriod (hrs): 1,00 Major Street: Vehicle Approach Movement 1 L Volumes and F:astbound 2 T Adjustments Westbound 4 5 6 I, T R ~9 T/8-' ---- 1. ClO 1. OCl 49 178 10 / 0 1 IiI' No Southbound lCl 11 12 L '1' R .._-_._---~. 3 R Volume Peak-Hour Factor, PBF Bourly Flow Rate, HFR Percent IIeavy Vehicles Median Type/Storage RT Channelized? LAnes Configuration Upstream Signal? 184 55 1. 00 1. 00 184 55 Undivjded 1 0 TR No Minor Street: Approach Il']overnent Northbouna-- 7 R 9 L T R Volume 50 Peak Hour Factor, PBF 1,ClO Hourly Flow Rate, HFR 50 Percent lleavy Vehicles lC1 Percent Grade (%) 0 Jo,'lared I-\pproach: Exists? /Stocage Lanes 1 Configuration L 69 1. CICI 69 10 o / / 1 R Delay, ER 1 Queue II~R 4 LT Length, and Level of Northbound 1 B 9 L R Service - .- Southbound 10 11 ---- Approach Movement Lane Con fig 12 v (vph) C(m) (vph) vlc 95% queue length Control Delay LOS Approach Delay Approach LOS 49 1782 CI,04 0.12 7.9 A 50 505 CI,10 0.33 12.9 B 69 008 0.Cl9 CI,28 9,9 A 11. J B Exhibit 2 HCS+: Urlsi.gnalized Intersections Release 5.2 Agenda Item No. 17G January 29, 2C108 Page 93 of 129 TWO-WAY STOP CONTROL SUMl1ARY ,. ____. _, Analyst: Agency/co,: Davidson Engineering Date Performed: 7/12/07 Analysis Time Period: AM Peak Hour Intersection: Inunokalcc Rd/Everglades Blvd. lTurisdiction: Units: U, S, Customary Analysis Year: 2C1C19 Project ID: Chestnut Place - With Project's Traffic East/West Stree~: Immokalee Road North/South Street; Everglades Blvd. Intersection Orientation: EW Study period (hrs): 1,00 Vehicle Volumes and Adjustments Major Street: Approach Eastbound Wcstbound Movement 1 2 3 4 5 6 L T R L T R Volume 2C19 79 49 185 Peak-Hour Factor, PHP 1. ClO 1. ClO 1. 00 1. 00 Hourly Flow Rate, HFR 209 '/9 49 185 Percent Heavy Vehicles 10 Median Type/Storage Undivided / RT Channelized? IJanes 1 0 0 1 " Sontiguration TR LT Jpstream Signal'? No No I'1inor Street: Approach Northbound Southbound Movement 7 8 9 lC1 11 12 L T R L T R Vo-lume 72 Peak Hour Factor, PHF I.CICI Hourly Flow Eate, Hf'R 72 Percent HGavy Vehicles 10 PerCGnt Grade (%) 0 Flared Approach: Exists?/Storago L~nes 1 Configuration L 75 1. 00 75 10 CI I I 1 R Service Southbound lCl 11 Delay, EB 1 Queue WB 4 LT Length, and Level of Northbound 789 L R Approach Movement Lane Config v (vph) C (m) (vph) vlc 95% queue length - Control De lay JOS Approach Delay l\pproa ch LOS 49 1229 O,Cl4 0,12 8,1 A 72 475 0.] 5 CI.53 13.9 B 12 75 772 CI. J 0 CI,32 lC1,2 B 12,0 B HCS~-: Unsignali~ed IntersecLions Release 5.2 J\genda item No. 11'C January 29,2008 Page 94 of 129 Exhibit 3 T~JO'\'IAY STOP CONTROL SIJMI'IARY Analyst: Agency /Co. : Date Performed: 7/11/07 Analysis Time Period: PM Peak Hour Intersect.ion: Irnmokalee Hd, /Evcrglades Illvd. ,Jurisdiction: Units: U, S, Customary Analysis Year: 2009 Project 10: Chestnut Place - Without Project's Traffic East/West Street: In@okalee Road North/South Street: Everglades Blvd. Intersection Orientation: EW Study period (hrs): 1,ClO Vehicle Volumes and Adjustments____. Major Street: Approach Eastbo1Jnd Westbound Movement 1 2 3 4 5 6 1 '1' R L '1' R -, 66 Volume 310 40 215 Peak-Hour l:!'actor 1 PHF 1. 00 1, ClC) 1. 00 1. 00 Hourly Flo\ol Rate, HFR 310 40 66 215 Pe reen t Heavy Vehicles lCl Median Type/Storage Undivided / RI' Channelized? Lanes 1 0 0 1 Configuration TR 1'1' Upstream Signal? No No -'- --~.~ Northbound Southbound fvjinor Street: Approach Movement 7 8 9 lC1 11 12 1 '1' R I. T F Volume 16 Peak Hour Factor, PHF l,OCl Hourly Flow Rate, HFR 16 PercGnt Heavy Vehicles lC1 Percent Grade (',) [J Flared Approach: Exists?/Storage L~nes 1 Configuration 1 84 1. OCl 84 10 CI / / 1 R -'.~---. Of'lay, Queue Length, and LGvel of Service -- _.-~_... Approach EB WB Northbound Southbound Movement 1 4 ') 8 9 lC1 11 12 Lane Con fig L'1' L R v (vph) C (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 66 1166 CI,06 0,18 8.3 A 16 383 O,Cl4 0.13 14.8 B 84 693 0.12 0.41 lC1.9 B 11,5 B HCS+: Unsjgnalized IntersecLions Release 5.2 Agenda Item No. 17G January 29, 20Cl8 Page 95 of 129 Exhibit 4 TWO-WAY STOP CONTROL SUMMARY ~ Analyst: Agency/Co,: Date Performed: Analysis Time Period: Intersection: Jurisdiction: Units: U, S. Customary Analysis Year: 20Cl9 Project 10: Chestnut Place - With Project's East/West Street: 1mmokalee Road North/South Street: Everglades Blvd, Intersection Orientation: EW Davidson Engineering 7/11/07 PM Peak !tour Immokalee Rd,/Everglades Blvd, Traffic Study period (hrs): 1. 00 VG~ume 51 Peak Hour Factor, PHF },ClO Hourly Flow Rate, HFR 51 Percent t~avy Vehicles 10 Percent Grade II) 0 Flared Approach: Exists?/Storage Ljnes 1 Configuration L 95 1. 00 95 10 o / / 1 R _ ~~_____Delay, Approach EB Movement 1 Lane Config Queue WB 4 LT Length, and Level of Northbound 789 L R Service Southbound lC1 11 12 66 1124 0,06 0,19 8,4 A 95 665 CI,14 0,50 11. 3 B v Ivph) C (m) (vph) v/c 95% queue length -, ---:ontrol Delay ,OS Approach Delay Approach LOS 51 361 CI,11 0.49 16.6 C 13,2 13 Exhibit 5 HCS+: S.iqTlalized Intersections ReJease 5.2 Agenda Item No. 17G January 29, 2008 Page 96 of 129 Analyst: Agency: Davidson Engineering Date: 7/14/2007 period: AI~ Peak Hour Project ID: Chestnut Place MPUD E/W St: Oil Well Road 1"0. Lanes LGConfig Vol.lunc Lane i~idth RTOR Vol Duration 0.25 '. Appr/ Lane Gq) Inter,: Oil Well Rd/Eve~~lade3 Blvd, Area Type: All other areas aur:isd: Year : 2UCl9 (Without Project's Traffic) N/S st: Everglados Blvd. Area Type: All other areas Signal Operations -2-3 1 P P P 1 G.c 3,0 CI,CI I' p 8,CI 3,0 CI,CI NB Left Thru P-ight Peds SB Loft Thru Right Peds EB Hight WB Right 5 P 6 7 8 SIGNAl.l/:ED INTERSECTION SUMMARY -.. --..-- Northbound Southbound 1 Eastbound I Vl1estbound 1 1 1 L T R 1 L T 1\ I L T R 1 L T R 1 I 1 1 1 2 3 -y-----I ~--. 3 1 I 2 3 1 I 2 2 1 I L T R I L T l{ I L T R 1 L T R 1142 236 94 11C17 258 64 1275 138 138 1122 284 405 112.0 12,0 12.0 112,0 12,CI 12,0 112.0 12,0 12,CI 112,CI 12,0 12.0 1 23 1 16 1 35 I 0 Phase Combination 1 ES Left' P Thru Right Peds \'IS Left Thru Right Peds NB Right SB Right Green Yellow All Red P P P P p p P 2C1.0 3. CI 0,0 21,0 3,CI CI.O Length: .sees Lane p. . Group 1'" Capad ty Cycle ersection Performance Summary Sat Ratios Lane Group Rate 3) v/cg/C Delay LOS Approach ~-; '_-) 05 5176 1615 35C15 5176 1615 3505 5176 1615 0.28 0,16 0.18 0,28 CI,IO (J. Sl CI.n CI,16 0,20 0.28 0,06 0.51 CI.44 0,20 0,12 0.24 CI.16 CI, 43 0,19 0.36 0,65 ~ 29.8 10Cl.0 38.2 27,6 12,9 37.4 27,7 12.6 37.0 3C1.0 18.0 0.20 33.9 CI,24 32.8 0,43 27.2 (sec/veh) Delay LOS D C 28,6 B c Eastbound L' 561 T 1449 R 824 Westbound L 561 T 1449 R 824 Northbound L 701 T 1242 R 694 Southbound L 701 35C15 T 868 36]8 R 694 1615 Intersection Delay D C 28.5 B C D C 31.4 B C C C 30,2 C Intersection C LOS C HCS+: Sigrlalized Intersections l~eleaGe 5.2 Exhibit 6 ,I\genda Item No. 17G ,January 29, 2C1C18 Page 97 of 129 '\nalyst: "~gency : Da te: Period: Project E/W St: Inter,: oil Well Rd/Eve~~ladcs Blvd, l\rea Type: All other areas Jurisd: Year Project's N/S St: Davidson Engineering 7/14/2C107 AM Peak Hour ID: Chestnut Plac~ MPUD (With Oil Well Road 2009 Traffic) Everglades Blvd. SIGNALIZED INTERSECTION SOl~MARY I EastboLmd I Westbound I Northbound I Southbound I L T R I L T R I L T R I L T R I I I I 1 2 3 1 1 2 3 1 I 2 3 1 I 2 2 1 I ,L T R I L T R I L T R 1 1 T R 1152 236 94 1107 258 74 1275 148 138 1132 294 415 112.0 12.0 12,0 112,0 12.0 12,CI 112,0 12,0 12,0 112.CI 12.0 12.0 I 23 I 16 I 35 I 0 No. Lanes LGConfig Volume Lane width R'l'OR Vol Eastbound L'. 561 T 1449 R 824 vlestbound L 561 T 1449 R 824 Northbound L '101 T 1242 R 694 Southbound L ') Cll 3505 --T 868 3618 694 1615 Intersection Delay Duration CI.25 Phase Combination EfI Left Thru Right Peds WI3 Loft Thru Right Peds ":18 Right SB Rigllt Green Yello\ol All Red ,fIppr/ Lane Grp Lane Group Capacity Area Type: All other areas Signal Operations 1 2 3 4 5 6 7 8 P NB Left P P 1'hru P P RIght P Peds p SB Left P p T'hru P P Right P .- Peds p EI3 Right P P WB Right P 16.0 28,0 2C1.0 24,0 3.CI 3.0 3,0 3,CI O.CI 0,0 O.CI O,CI Cycle Length: 1C1C1.0 sees Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flo\ol Rate (s) v/c g/C Delay LOS Delay LOS .'~-~--~~" 0,30 CI,16 38.4 D 0.18 0,28 27.6 C 0,10 O,Sl 12.9 B 0,21 0,16 37,4 D CI.20 CI,28 27.7 C CI,08 CI,51 12,7 B CI.44 0,20 37.0 D CI.13 0.24 30.0 C CI,16 0.43 18,0 B c 3505 5176 1615 28.9 c 3505 5176 1615 28.1 C 3505 5176 1615 31.4 0.21 0.38 0.66 = 30.0 0.20 34.1 CI,24 33,0 0.43 27.') (see/veh) c C 30,6 C Intersectjon C LOS = C Exhibit 7 HCS.!.: Signalized Intersections Release 5.2 ,4aenda item ~~o. 17C ~ January 29, 2008 Page 93 of 129 Analyst: Agency: Davidson Engineering Date: 7/14/2C107 Period: PM Pe~k Hour Project ID: Chestnut Place MPUD E/W St: Oil Well Road .~ SIGNALIZED INTERSECTION SUMMARY I Eastbound 1 Westbound 1 Northbound 1 Southbound 1 L T R I L '1' R 1 L T R 1 L T R 1 1 ---,~.- , I I 2 3 1 1 2 3 1 1 2 3 1 1 2 2 1 1 L T R I L T R I L T R I L T R 1212 354 142 In 172 43 1165 331 331 181 189 270 112.CI 12.0 12. CI 112,0 12,CI 12,0 112.0 12,0 12.0 112,0 12.0 12,0 I 35 1 11 1 83 I 68 No. Lanes LGConfig Volume I,ane viidth RTOR Vol Inter,: Oil Well Rd/Ever"'llades Blvd, Area Type: All other areas Jurisd: Year : 20Cl9 (Without Project's Traffic) N/S St: Everglades Blvd, DUration 0,25 Phase CornbinatiOl1 1 Jo;B Left P Thru Right Peds WB Left Thru Right Peds NB Right S8 Right Green Yellow All Red Atopr/ - Lin;" Lane Group Grp Capacity ~'. E;astbound L 561 T 1449 R 824 Westbound L 561 T 1449 R 824 Northbound L 7C11 T 1242 R 694 Southbound L 7C11 3505 T 868 3618 k 694 1615 Intersection Delay Area TypG: All other areas Signal Operations '2-3 4 5 P 6 7 8 P P P P .. P P 20.0 24,0 3,0 3,CI 0.0 O,CI Cycle Length: Intersection Performance Surrun.:lry _.._ Adj Sat Ratios Lane Group Approach Flow Rate (s) p P P P P P P 16,CI ?8,CI 3,0 3,CI O,CI CI,O 35C15 :;176 1615 3505 5176 1615 3505 51'16 1615 NB Left Thru RigllL Peds Left ThI'u Right Peds Right Right P SB EB WB 1C1C1.CI sees v/c - a!C " Delay LOS Delay LOS -, 0,16 4 CI. 1 0 CI,28 28,5 C 0,51 13 ,3 B CI,16 36,6 D 0,28 27,1 C CI.51 12,4 B O,2C1 34,7 C CI,24 31; 'J C 0,43 21. 3 C CI, 42 0,27 CI,14 29.8 C CI,14 0,13 0.04 27,S C 0,26 CI,30 CI,40 28.9 C CI.13 0,24 CI.32 = 23,6 0.20 33.2 C CI.24 31,3 C 26,8 C 0,43 20,1 C (sec/veh) InteI'sQction LOS C HCS+: signalized Intersections Release 5.2 Agenda Item No. llG ,January 29, 2C108 Page 99 of 129 Inter.: Oil Well Rd/J';ver,glades Blvd, Area Type: All other areas Jurisd: Year Project's N/S St: 20Cl9 Traffic) Everglades Blvd. ._, Analyst: \gency: Davidson Engineering Date: 7/l4/20Cl7 Period: PM Peak Hour Project 10: Chestnut Place MPUD (With E/W st: Oil Well Road Exhibit 8 SIGNALIZED INTERSECT ION SUMMARY Westbound Northbound - 1 Southbound [ Eastbound I 1 1 L T R I L T R I L T R 1 L T R I 1 [ 1 No, Lanes 1 2 3 1 1 2 3 1 I 2 3 1 I 2 2 1 LGConfig I L T R, I L T R 1 L 'f R I L T R Volume 1222 354 142 171 172 53 1165 341 331 191 199 280 Lane Width 112,0 12,0 12,0 112.0 12.0 12.0 112.0 12,0 12.CI 112,0 12.0 12.0 RTOR Vol 1 35 I 11 1 83 1 68 Duration 0,25 Area Type: All other areas . Signal Operations Phase Comb~nation 1 2 3 4 5 6 7 8 EB Left P NB Left P 'l'hru P Thru P Right P Right P Peds Peds vlB Left P SB Left P Thru P ThIU P Right P Right P "~ Peds Peds JB Eight P EB Right P SB Right P \lTB Right P Green 16,0 28.0 20.CI 21,CI Yellow 3.CI 3,0 3.0 3,CI All Red CI.O CI.O 0,0 0,0 Cycle Length: 1C10,O sees , Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capaci ty (s) v/e" g/C Delay LOS Delay LOS )o;astbound L, 561 3505 0.44 CI,16 40,5 D T 1449 5176 0,27 0.28 28,5 C 30,0 C H 824 1615 0.14 0,51 13,3 B Westbound L 561 3505 CI,14 0,16 36,6 D T 1449 5176 CI,13 0.28 27.1 C 27,3 C H 824 1615 O,Cl6 CI,51 12.5 B Northbound L 7C11 35C15 0,26 0,20 34,7 C T 1242 5176 CI,31 CI,24 31.8 C 29,0 C R 694 16.15 0,40 CI,43 ?J,3 C Southbound L 701 35C15 CI.14 CI,2C1 33,4 C ..,T 868 3618 0.25 CI,24 31. 5 C 27,1 C 694 1615 0,34 CI,43 20,4 C Intersection Delay .... 28.7 (sec/veh) Intersection LOS C I I L .! i ~ ~ - - - ~~ ~ ~ -::,.. i'>" t:vcr"J'adC5> B1.d I P - .~ . . r<'l'..;~ ,~~ ! " I;: d' E ~" ~ .c.~<----:--- 1'i~8 ~. '~'~- ~ ~> ~ . ~ f-;;- . .,']: <i;--~ !;lJl "'~':; ~l'; -"'>", '" ~'~ : /> ,;r---- ~..'q. r.~----;. ii-- ,i'~n'" .J _._. UOOO> ",-ON ~O~ N~ o .0 } I ZOlO _ N C) >- >.,..,- -, ~m(l) z I -" -~O> ;:::, me m " -oroD- I c:: c' (!) ~ 0> < - Exhibit 9 " ; -:t: - '" 1 JJ *J- "e' , .. '" '>", ' .. q, . . .. I I -~-~ ---r- i'" '. ~flc'"-'r'" . ';"~' . . '. ./ti; ," ''''. . " . / /;. . , ---j ~.--< - '-'" ; ,<".... ,-' 0, , , - , , '. , .. . , 0- I~.....s;~__ "" ~' ,..' ,'c4'!, o~ ~ oJ: "" ~. ....--91;;. _~ _, > ~ ~~ " """~ ' ", ' .H. ";0-,""'; . ~ (1' "', '''., ~, >;'-"Il;-'i-"<::-< ' 'h,;, ,'r<> - -.- q. ~ fl> 10:.> \~, .... --T ~ l"'...t\~ ;;.~ l~ , ' ~. 2:66 ~,,~'" ~h .,"~ ~ :v."~,-,c--',-",.. ", _." "" ~.~',,_'I ,",.. - "'~ '" ("/8 5df"1 "'";1 , f ,.-. , ' '. IV .. ~. '-',.--'",< ' ~... .,. '" ""CY '\" ."" ~. ," ,.'1.-' ~ " ' 0 " ". -........: " 0'1-- --I I I I" '. .,~ t: li "",.f/' ~ . Q('f-" r- '" . " '" I..--'F'" " ~ .., x'. ~it. . .. '. F.-"" " . 1''' c '" cD " '.-"~ )1 , ~ ---., c.::: '::C <V -:s 6 I I I~ ) ~ . , , . " . - - - .. OJ- 'li. ~ 1:-~ yo "0 1--- I I ') ~ ; ~~ j I . I ~ ~ ! ~~ ~ ; " <: 1@ , i~ ~ i ~ [Jl ~ t "~"l · ~ ! i n ~ ~ i!J ~I ~-,=~ nl\ 1i!:2:!:if Et~ , I~ ~~o~ t!""5~~ ll}g!u'B;o'tl . " ; ~t1tM'I-tt ~~~~"""~"'~ t<'","",:, - .. IC~::'.!;-l ":\~L.w ""~'" -?o""",,"""'~;',"'V so .' SOUTH FWRIDA WATER MANAGEMENT DISTRICT .Agenda liem No. 17e January 29, 2C1C18 Page 1CI1 of 129 LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, tort Myers, KJ3901 (239) 338-2929 . rL WATS 1.800-248-1201 . Suncom 748.2929 . Fax (239) 338-2936 . ....."ww.sfwmd.r;ov/iwc/ Application Number 060118-8 PUDZ-2007-AR-11l21 PROJECT #2005050027 DATE: 1/17/07 KAY DESELEM REV: I April 28, 2006 Jeremy Sterk Hoover Planning & Development, Inc, 3785 Airport Rd North, Suite B-1 Naples, FL 34105 Dear Mr, Sterk: Subject: Chestnut Ridge Formal Wetland Determination Collier County, S 29fT47S/R28E The District offers the following in response to your request for a determination of wetland boundaries and other surface waters located within the subject property, This property contains no jurisdictional wetlands, as indicated on tile attached exhibits and site review by Catherine Hawkins, a Staff Environmental Analyst. Therefore, the application fee will be refunded to the applicant. Further, be advised that development of this project should be reviewed for consistency with the criteria for a No Notice General Permit, pursuant to 40E-400,315 (2), FAC.. If the proposed project meets these criteria, then an Environmental Resource Permit application to the District will not be necessary, If you have any further questions, please contact me at (239) 338-2929 x7725 , Sincerely, Q~y Ed Cronyn Senior SupeNising Environmental Analyst Lower West Coast SeNice Center South Florida Water Management District Attachments GO\/fRNING BOARD EXECUTlI'E OrFICE Kevin McCarty, Chm'r trel<l. M. Bngue, ViCl'-C/Mir Miya Burt~Stcw"rt Alice J. Clrlson Michael Collin!i Nico\;'ls J. Guticrre7., Jf_, E:;q, L.el,ndrl E. Lind<lhl, P.E. llill'kley R. Thomton Malcolm S. W"di!, JI" C<ll'ol Ann Wehle, f..well/il'l' Din'd,)r [)IHRIC1' IlfADQ(/t\,'lTEI\s: )301 GUll Club RU<\lL P.o. J'lox 2'1(:'811, \Vest ['<dm Beach, PI. :-fH16-4680 . (561) tiB6-RAOO . FL WA TS H:lOn..132-2045 U'::;OO1 I'---ON ~O~ N_ . n Quad: Corkscrew SE ':~e:iliif.1f'T ~_tO 'f",-,,-' l"" Z:r{:':-}f~~~L ;It:' i, -J.. .'...-,...'.. 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"i'"- il J..;":.;,--' ;20f~~'d, -;--- 2'~~~e'tl, ~t '. ( 1 '", I .," ,.I',. . '-t ;. ,/'.. ..' ~,- '~- ----r- r:/i~fJ .~::'! --=- _. - ,. -'b-- I . do. . '\~?~~' i'~-l (, L - _f;~) __ gJ.c c ,) / ~"-- \,;:'~:- ~ - +:_~-.;;-',,:::: .-:f~-;l:,}f~. _~.. ~ i-; ,I-I'.,\- ,.,-UJ-- _ _, '~-={L ,_ _~:~~ \ 8 I Go C 0 H 'K: S C R.:.:-t::. w _ .,r'~ ~~ -:!-:~,:i::_ .-;~-'~~:.--=-~'-~ <- ::....o.r"z:'.-=~~.::~~:~;: '-.. I --' '~.: ~ I' ~ I' .'.7 '.' - '~. . Jq,~fr'. I' ~, I I , , , '" -;^'T-- '-- ,r.' A". -'--, ''1.:'--->'T} " .1".: ~I I. '. .', J. ;...-- i ^-'-eN.,JD .,.~"'-~] '~;i~ ", - '~'... . .-.-- ~~: <,.~(.,;..:: J{: ~;~~~-~) . "}\F, '............, l-- ";.~ ~,- -'--- i i I.. I- " ., \\\,',!' '~': ;.~.'-",'. -....'.... :'i ':':1' ........"'..,. ifj;;......,.-~ lJ_~':', . .~,.~... ';' i- , j,<.. ,;>l" : J ., !1o. J " " l"':i":~':::'.~ :\'5, "-"~"l;i"o: ...:, . '.'~'/.~~::i ':1 >~:~~;, H.~~~;~:~f/t~;<t~:~>.,,\j " i . ,":} Jr~~,-~' g:'~-~,~t'~,K~,~~;'i; -: --...::.-~ i' " ""-' -}.... '. (, ;,: ~ ~ LWC SERVICE CENTER 060118-8 # ur:- .n-~~ ~o .:... )('") ~,,Jo 2 ro -0 C (l) OJ <( (l) OJ C1l CL '" ~ ~ ~ o '" . . iii ~ o E g m N P^18 saperBJlM3 r "D C (J) OJ (J) -.J $ o C/) C/) U 0:: Z -5: IZ z~ :;:;-0 c" '" ro '" '" '" ~ cl::-.= .9:=0 -;O;ro'" ." E '" ~ ro 0","" '" '0 ro ~o~ '" '0 O<ocn U~N .~ Z o C '0 '"' I c o Z '" ro '0 OJ "' ~ II I z o ~", o ~ - - ~} <:.} .= u Co. m g. C::2 ",:.... g ~ ~ ""=.:!:. C '3 -v;:.r. ~;r. G~ '" ,,:. :.- ". J 2", ;;.::.; . .-, ~ " o 8.~ ~ . U ~ ~<Il Z~ ~~;,r, (1)0 c:; 1"1 0'.., -U.;:j o (1);:: ~ C s: ;--.t ._u... >= a ~ c<:jCi. '" O-,z ~ u-' Q'-C ' tj...;c:l c<:j~ ~r:VJ Oc<le; ~ ~:; ~ i315 EO:: ct 00 ....E- <( ';;:.t' ~ c V'; )--l w ~ 0... ^,.., ~] ~...J > o ~J A:Jenda Item No. 17C ~ January 29, 2C108 Page 1C14 of 129 HOOVER PLANNING & DEVELOPMENT. INC. Land, Environmental & Traffic Planning Consultants 3785 Airp0l1 Road North. Suite 8.1, Naples, Florida 34105 PROTECTED SPECIES SURVEY (PSS) Project: CHESTNUT PLACE SECTION 29 TOWNSHIP 47 SOUTH, RANGE 2g EAST APPROXIMATELY 5,71 ACRES Presented to: COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dated: Revised: January 10,2007 REV: 1 PUDZ.2007-AR-11121 PROJF,CT #2005050027 DATE: t/17/07 KAY DESELEM Agenda Item r~o. 17G January 29, 2008 Page 1C15 of 129 Chestnut Plnce Pllrccl Protected Species Survey Page 2 INTRODUCTION The purpose of this report is to detail results of a protected species survey conducted on the Chestnut Place parcel in December of1006 by personnel tram Hoover Planning & Development, Inc, tOCA TION The Chestnut Place property is located at the southeast corner of the intersection of Everglades Boulevard and Immokalee Road, in Section 29 Township 47 South, Range 28 East, in Collier County, Florida. The parcel totals approximately 5,71 acres, SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Consel'vation Commission (FWC) publication "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopheruspolyphemus) Populations Found on Lands Slatcd for Large-scale Development in Florida," This technique is made up ofthe following steps: First. vegetation communities or land-uses on the subject site are delineated On a recent aerial photograph (Collier County 2004) using the Florida Land Use, Cover and Forms Classification System (FLUCCS), Next, the FLUCCS codes al'e cross-referenced with a list of protected species (FWC-Florida's Endangered Species, Threatened Species & Species of Special Concern- Official Lists, Publication Date: January 29, 2004), A list of protect cd plant species was obtained from the publication "Notes on Florida's Endangered and Threatened Plants", Florida Department of Agriculture and Consumer Services, Division of Plant Industty, Bureau of Entomology, Nematology & Plant Pathology-Botany Section, Contribution 38, 4[h Edition-2003), The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community, Sec Lable I of this report for the species list that applies to this property, With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt 01' meandering transects and 10 x 36 binoculars as a means of searching for planLs and animals, lfnecessary, transect integrity is maintaincd by using a GPS in track mode. In addition, periodic "stop-Iook. listen" and quiet stalking methods are conducted for animals, Signs or sightings of all listed and non-listed species are then recorded, EXISTING SITE CONDITIONS Temperatures during the tieldwork for this survey wcrc in the LippeI' 70's, Cloud cover was generally absent, ApproximaLely 2.5 man,hour was logged on the property during the species survey, Table 3 details daLes and times spent in the tick!. According to histot'ieal aerials the entire property was cleared and actively being used for agriculture prior to 1962. By 1975 the property was no longer being used for agriculture and had c; 'HI' 1'1O;~~1 n:..,'.\lllhL ;~lf. \~~.r~e'lru;1 RI:I!(C'I;m.;rollll\~"lal\!'fOI"'I,"(1 Spr,'P!" Sllr\(!\' .h"" i been left fallow, Deep row furrows still remain on the property, Current vegetation on the parcel is secondary re-growth and contains a mix of vegetation typical of disturbed sites, ,A.oenda item r~o. 17C J January 29, 2C108 Pace> 106 of 129 Chestnut Place'-'J5Hl"cel Protected S~ci~s Survey Page 3 The property has the following surrOll11ding land uses: West Everglades Boule\'ard ROW North lmmokalee Road ROW South East Golden Gate Estates Lots (Both Vacant and Occupied) Single Family Home Listed below are the FLUCCS communities identified on the site, The following community deseriplions correspond to the mappings on the attached FLUCCS map, See Florida Land Use, Cover and Forms Classification System (Department of Trans pOI tat ion, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. Specific vegetation present is further detailed in Table 4. Abandoned Af!ricullurall.and, FLUCCS 261. 4.17 Acres This community is dominated by widely scattered slash pine and oak in the canopy, It makes up the majority of the property. Midstory includes scattered wax myrtle, often dense Brazilian pepper, myrsine, and buckthorn, Other vegetation present includes grapevine, poison ivy, pepper vine, dog fennel, broom sedge, sand black berry, Caesar weed, swamp fern, and smilax, Brazilian Fewer, FLUCCS 422 1.54 Acres Dense Brazilian pepper is found along both ROW's that make up the west and north property boundaries, Shading from the dense canopy precludes nearly all groundcover vegetation, RESULTS The various protected spccies which Olav OCCUl' in the corresponding FLUCCS cOlmmll1ities arc shown in Table 'I. All animal species observed on the subject parcel are detailed in Table 2, See attached drawing cntitled "Chestnut Place-Protected Species Survey" for representative survey transects, No animallisled species (or si!.!nsthel'eot) were oQscrvcd, Several common wild pine (Til/anc!I'iajilscicu/lIll1) were observed in trees on the parcel. DISCUSSION The prior agricultural use of the propcny and subsequent vegetation regro\'ith has resulted in very poor habitat quality on the parcel. The property is immediately adjacent to two major roadways and wildlife utilization appears very limited. (i 'liP r,,-,;,.o, I'il~". WW,',l ,g. .1~.'-C11~"n"1 R1J~~'En""nnm~"!al\l''''lal,'d <;;r",;;,;~ ~.,,'.;~ ,1,-.; Agenda Item No. 17C January 29, 20Cl8 Paoe 1C17 of 129 Chestnut Place'Parcel Protected Specil:s Survey Page 4 Wild Pine {Tillandsia fasciculala! These individuals may need to be relocated prior to clearing the parcel. Table 1. Protected species list according to FLUCCS category, F'LUCCS Potential Listed Species Scientific Name Oe.lenated Stalus FWCor FWS FDA 261 &740 Least Tem Sterna An/iI/arum T - Burrowing Owl Speolylo cunicrdaria SSC - Gopher Tortoise Gopf1erus polyphemus SSC - 422 NONE - - - Abbreviations: A2encic1 FWC=florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS~United Slales Fish and Wildlife Service Status E~Endangered T~Threatened T(S/ A)~ThrealenedlSimil.rity of Appearance SSC~Species of Special Concem C=Commercially Exploited Table 2. Birds, Mammals, Amphibians. Reptiles, & Plants Observed on the Subject Propcl'ly, Birds Common Name Scientific Name Observation Listed'! StAtus TYDC (Y/N) Black Vulture CoraK}'p.\" alralt/s DV N - Turkey Vulture Cot/",,.te!J' auI''' ------ DV N - -- ~ Gray Catbird Dumete!ta carolinensi.'i DV,f!V N - -.-. ! MOlU"~ling f)ove Zenaida macrorrl'{1 DV,IIV N - Mammuls Common Name Scientific Name Observation Listed? Status TvDe (Y/N) L!'Jine-banded Annadillo Dasypus novemcinCtl~~ Of! N - Re tiles Com mon Name Scientific Nllme Status ~ Brown Anole Anolis sa 1 el DV (, 1II'I'''Ijc.:. [,iJ",".J,)lr,.]2X' ,\!~"{'~('I"UI R.IJl?~'l:""lrDlIll",m~N>roloxl~d ~II<:~'<:~ ~"'l"...,~ ''',e J A.genda item r'~o. 17C January 29, 2C1C18 Paoe 1G8 of 129 Cltestnut Plilce~Pafcel Protected Species Survey Page 5 Amnhibinns Com IhOD Nmne Scientific Name Observation Listed? Status Type IY/N) NONE ,... Plnnts Common Name Scientific Name Observation Listed? Stntus Type (Y/N) Common Wild Pine Ti/landsia fasciculala DY Y E-FDA AbbrevlRtions: ~cies FWC=Florida Fisb and Wildlif<: Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS~United States Fish and Wildlife Service Status E~Endangered T~Threatened T(S/A)=ThreatenedlSimilarity of Appearance SSC=Species of Special Concern C~Commerci.lly Exploited Ob~~!,vations DV~Direct Visual HV=Heard Vocalization OT~Observed Tmcks OH-Observed Hole\Burrow MT~Marked Tree C={;avity Table 3. Ficld time spent on the subject property Date I Sfa"! Time End Time Hours Task December 20. 2006 -1 9:30am 12:00pm 2.5 Spec_~c.s Survey " .--- '-----. - Total -. 2,5 (; 'HI" I''''J<-'-'I ril",'.;C'il\\nR\J~R.CI><<"1U.lh:ly~'.b'~;f""me"IOP.Prnl<cle,1 !lp.ei., S",,-c\' ,)ue l . Agenda Item No. 17e January 29, 2C1C18 Paoe 1C19 of 129 Chestllut Place Parcel Protected Species Survey Page 6 Table 4. Representative vegetation by FLUCCS community on the Chestnut Place Parcel. NAME STRATUM 261 - Abandoned Agriculture Common Eupatorium capillifalium Smilax "'pp. Urena lobara Andropogon virgin/ellS Vili.r rotllndifoJia Schinlls lel'ebin/hifoliu~* Occasional Bumelia celastl';na Serenoa repens P inll~ el/ioUi Quercus virginiana Myrica cerifera COMMON NAME dog-fennel smilax Caesar weed broom-sedge muscadine grape Brazilian pepper ground covel' vine gl"Ound cover ground cover vine mid-story buckthorn saw palmetto pine (slash piue) live oak wax myrtle mid-story mid-story canopy canopy mid-slOlY *invasive exotic NAME STRATUM 422 - Brazilian Pepper Common.. Schinus terebinthifolius* COMMON NAME Brazilian peppel' canopy *invasive exotic C; ,Ill' I'roj,,<:! fiIC,\'OO'>')~s\j~ .Ch~I'nUl Rid~c'E"~.it",,,,,~nlal\rnlltl;ll'I:l SJ'I<'cic. Sur"<I~ <!.Ie ucom ,..,ON ......0.,.-' N_ O _0 ZRj~ := >.-:- 2roaJ -::>01 (1J<::(1J -octln.. <::--, OJ '" <( "'13 <.> <ll ,(1) '~ .i5'e 0Q; \l-~. 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" , I I I I I I I i u 2; t-<EJ z@ r ,~..:::: ....... ,:> ~: U)'r, is:::o f'O- o...u ;:J; 0'0-5 o ,_ , c: ~ ~ ._ C ~ It::!: (:..Llc: ,) > 'ell" .....- ~c..~ . z ,0 1'=,...; 0_-;; eIl_ _"J''- .= YQ t- J: O;d-€ o ';""zC Z '<'3 ...."" t:" ~ !Q)~ Z;:::oe -~ Z e~ <( '-< 1 E 'r, ~:..Ll~ ~ :,-I"(') i:l ~~ (:..Ll..,..l > o o ::r: Uo;)01 t>.._ON ')~ ~O .::....-')(V) ,...(,'\l.,.- ~ "'~ .illroQ) -"0> rocro -oro(L c' '" 0> <( / ORDINANCE NO. 08-_._ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDIN~'1CE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE \\1-lICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE CHES1NUT PLACE MPUD TO ALLOW A MAXIMUM OF 24,000 SQUARE FEET OF PER.'vlITTED COMMERCIAL USE FLOOR AREA WITH A MIXTURE OF RETAIL AND OFFICE USES, AND A MAXIMUM OF 6,000 SQUARE FEET OF FLOOR AREA FOR CHURCH AND/OR DAY CARE FACILITIES AS C01-,'D]TJONAL USES, ON PROPERTY LOCATED ON lMMOKALEE ROAD (CR 846) AND EVERGLADES BOULEVARD, IN SECTION 29, TOWNSHIP 47 SOlJfH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 6.01 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover of Hoover Planning and Development, Inc., and Richard ; Yovanovich, Esq., of Goodlette, Coleman and Johnson, P.A, representing Chestnut Ridge, LLC, j petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, ~ Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estates (E) ~ Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the ChestrlUt Place MPUD in accordance v.ith Exhibits A through E, attached hereto and j incorporated by reference herein. The appropriate zoning atlas map or maps, as described in . Ordinance }.:wnber 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of2 J ~ommissioners of Collier County, Florida., this ~ PASSED AND DULY ADOPTED by super,majority vote of the Board of County ,2008. J>..TTEST: PWIGHT E, BROCK, CLERK lJy: , , Deputy Clerk :Approved as to fonn :and legal sufficiency: ~arjorie M, Student-Stirling '; Assistant County Attorney : Exhibit A - List of Allowable Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Developer Commitments 1 j- day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN ". Page 2 of2 / /\genda Item No. 17G January 29, 2008 Page 115 of 129' EXHIBIT "A" COMMERCIAL AND INSTITUTIONAL TRACTS PLAN LIST OF ALLOWABLE USES 1, PURPOSE The purpose of this Section is to identify specific development standards for the Commercial Tract and Institutional Tract as shown on Exhibit "C" MPUD Master Plan, 2, GENERAL DESCRIPTION The MPUD Master Plan is intended to provide for both commercial and institutional land uses. The Commercial Tract designated on Tract 113 on the MPUD Master Plan is intended to provide retail and/or office uses limited to a floor area of 24,000 square feet. All commercial areas shall be developed with a common architectural theme that includes buildings and signs, The Institutional Tract designated on Tract 114 on the MPUD Master Plan is intended to provide child care and/or church uses limited to a floor area of 6,000 square feet. 3, PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures on Commercial Tract 113: (1) Apparel and accessory stores (groups 5611 - 5661), (2) Automobile supply stores (group 5531 but only the sale of new auto supplies and no on-site installation), (3) Business services (groups 7311,7334 - 7336,7377,7378,7384), (4) Child care centers (group 8351), (5) Churches (group 8661), (6) Depository institutions (groups 6021-6062). (7) Eating places (group 5812 except for restaurants with a drive- through facility are not permitted), Consumption of alcoholic A;:enrJa Item No. 17C January 29, 2003 Page 117 of 129 beverages on premises shall be subject to requirements of the LDG), (8) Engineering, accounting, and bookkeeping services (groups 8711 - 8721,8748), (9) Food stores (groups 5411 including convenience stores with gasoline pumps, 5421 - 5499). (10) Gasoline service stations (9rouP 5541 but excluding sales of diesel fuel to heavy trucks over 1 ton rated capacity), (11) General merchandise stores (group 5399), (12) Hardware supplies (groups 5231 - 5251), (13) Health services (groups 8011 - 8049), (14) Home furniture, furnishin9s and equipment stores (groups 5714, 5719,5734 - 5736), (15) Insurance carriers, agents, and brokers (groups 6211, 6311 - 6399, 6411), (16) Legal services (group 8111), (17) Miscellaneous retail (groups 5912, 5941 - 5949, 5992). (18) Motion pictures (groups 7832 but only in conjunction with a sit- down restaurant). (19) Personal services (groups 7212, 7221 -7251,7291). (20) Physical fitness facilities (group 7991), (21) Real estate (groups 6531, 6541), (22) United States Postal Service (group 4311 except major distribution center), (23) Veterinary services (group 0742 for household pets only and no outside kenneling or overnight boarding). '. !i2ii-l r"JO. Ii"=: !:::I-:uary ~9, 2CC18 1 is of 129 (24) Any other commercial use allowed in the C-1. C-2, or C-3 zoning districts, and not prohibited in Section 3.D.. that is deemed appropriate by the Board of Zoning Appeals, B. Accessorv Uses: Uses and structures that are accessory and incidental to the Permitted Uses within this MPUD Ordinance for each respective Tract depicted on the MPUD Master Plan, except drive-through facilities which shall be limited only to banks on the Commercial Tract with a maximum of three (3) drive-through lanes per bank, C, Conditional Uses on Institutional Tract 114 (Uses are Permitted in Golden Gate Area Master Plan as Conditional Uses): (1) Churches (group B661), (2) Child care centers (group B351), D, Prohibited Uses: (1) Drinking places (group 5813) and liquor stores (group 5921), (2) Mail order houses (group 5961) and merchandising machine operators (group 5962). (3) Power laundries (group 7211) and funeral service and crematories (group 7261), (4) Radio and television representatives (group 7313) and direct mail advertising services (group 7331), (5) Amusement and recreation services (group 7999). (6) General. specialty, and psychiatric hospitals (groups 8062, B063, B069), (7) Educational services (groups 8211 - 8231), (B) Correctional institutions (group 9223), (9) Environmental resource and solid waste management (group 9511), (10) Homeless shelters and soup kitchens, It8rn ~0o. lie January 29, 2C108 Page 119 of 129 (11) Refuse systems, including hazardous materials (group 4953), EXHIBIT "B" DEVELOPMENT STANDARDS TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL AND INSTITUTIONAL TRACTS ! MINIMUM lOT AREA MINIMUM LOT WIDTH i MINIMUM YARDS (External) From Everglades Blvd. ROW From Immokalee Road ROW From other MPUD Boundaries MINIMUM YARDS (Internal) Side Yard Setback Rear Yard Setback MINIMUM DISTANCE BETWEEN STRUCTURES MAXIMUM HEIGHT MINIMUM FLOOR AREA PRINCIPAL uses 10,000 Sq. Ft. 100 Feet ACCeSSORY uses Not Applicable Not Applicable 25 Feet 25 Feet 25 Feet SPS SPS SPS 15 Feet 15 Feet 15 Feet 35 Feet and Limited to only 1 Story 700 Sq, Ft.. 10 Feet 10 Feet 10 Feet 35 Feet Not Applicable 'Per principal structure on the finished first floor. SPS = Same as Principal Structure ROW = Right-of-Way Table I above sets forth the development standards for land uses within the Chestnut Place MPUD, Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan or subdivision plat. Development of The Chestnut Place MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply, liern hlo. 17C J3:.1~3ry 29. 200B 121 of 129 EXHIBIT "e" MPUD MASTER PLAN ~ ~Q ~J~~o . .~~,. ... z> ~ m~~" ' siP ~~ ~ . ~ -------------------~- --------. EVERGLAOESeOULEVARD - - -: - .- - - - -- . -' . - - /;ofYEASEMENT FOR RIOHT.oF-WAY) ._-, I r----------------r--------------l' --l 1 ' : I II ~ : I ~H-d-__----~--.--~__-.__--- ~ I , I : \ : I I . I t : ! : i- BB . : I : ~a ~& : i :!hp ~ j in il i~ I i!~ I~ ~~ I :Mdnll~ if~'O~~~ , :~i.d12 I : ~~ ~~ ~ I' :~H~ ~ ,!~ as · I' : ~j -~ ~ I o~ ~. , '~i I : ~a i i ~ , I ~ I : , , I! [] 'oct ~~ ,- .'V jQm .'Z 8 ~ ~CI ~~~~ S",~- 9r9n>a. % '" (')0 p~~o h.z ~'. ..~>m c:<z -"Gl ~s- -.z ~.m ....zm ~~~ ~ffi= 'z ~Gl ... g-' ~z ~('l s. n . II! i'j :1, II' ~~~ ~ ~ . ~ ! . ~ . ~ . I I 1 ... n I. I " t: ' f!i!i~ it I, I'W:": J II 'i i : 'h.l'i .~h ~~n '. r ~:! m"._.IJi ',:! Il~ ;h~ '~ ~ "~g!!! ! I. l~ l ~~~ ': I t I 'I! -I" ! H'l I ~Ii~" Z;'! ij.~ l~!h : . ~~ ~ I I ~Irn 5:{ ~ 01; I I ~ 'I~ ~1~ii~ : la : " l~l iJ' - i~ i~{ !, I "~; : ,~ n i . EI" ! ~ I : ~~ ".'! ~ii;i [1M) i 'I'I'~ ~ HI, ' il '1":;Fl I' ~ ~~;~I ~___"-__"'Io~''''-"-..;' i!{-~'1,\ Iii " I 'II :: h Ii ~\ i I i ( ~ f. :~i~i;;% ::: ;;::".~~ ~ill I ~ h . . .~ '-.'PI IlIir. HI '~; 5 i!H I n~il~ :;: m 'f: I, .~ I~ :L ,,~.~.-'" i-I 'H::"'+~;.;-,::: i I ''''0o'0o;I<__ I 1 I I I I 1 I i , I I . I I . I I HHIIW . ~I. .~ Q . I l ." i i ~ - & H~IH!~i i ~ ~.,,~ ~o~ ., ~,~; ~~~ ~~Sg;l ,8. n~iil :lImf'l.. moliZ ~'i~l:;; . ~~ "~ ~M!" 1!I....~j:;"iI "~m ~ ~m' ~~~~ "~~ ~m !pm {"Ii Rl ~ ii a~i! i ~~~t ~~ 0 IUi~i rin}"" i I- H& iill ~ j ml i ; U~ ~ ill i Hili ~ Agenda Item No. 17 ' January 29, 2C1C18 Page 122 of 12~ , , I , , , , , , , I I , , , I I , , , ,. I I , , , , I , , , I I , , :0 , ::r : CD , C/l I .-0- , ::J , .C , .- , , I I , I , -0 til (') CD $: -0 C o .". ",. :<.:.:-:- ..' Agenda Item No. 17C January 29, 2C1C18 Page 123 of 129 EXHIBIT "D" LEGAL DESCRIPTION The subject property being 6,01 acres, is comprised of two contiguous parcels, and is located in Section 29, Township 47 South, and Range 28 East. The legal description of the subject property is Tracts 113 and 114, Golden Gate Estates Unit 46, as recorded in Plat Book 7. Page 31 of the Public Records of Collier County, Florida, A;j8nda ilern f~O. 17C January 29, 2003 Page 124 of 129 EXHIBIT "E" LIST OF DEVELOPER COMMITMENTS 1, UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available, 2, TRANSPORTATION A, All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition, B. Arterial level street lighting shall be provided at all access points, Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO), C, Access points shown on the MPUD Master Plan are considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Pian; however, no additional access points shall be considered unless a PUD amendment is approved, D, Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits, All required improvements shall be in place and available to the public prior to commencement of on-site construction. Since both Everglades Boulevard widening and Immokalee Road Widening are in the Long Range Transportation Plan, but are not in the 5 year work program (at the time of adoption of this MPUD), this site shall be required to install a minimum 50- foot radius at each right-in access to this site, Payment in lieu (PIL) for required turn lanes has been supported by the TIS and is recommended by Staff, and as such shall be a requirement of this MPUD. The amount of PIL shall be negotiated by the developer and the County at the appropriate design phase of adjacent roadway improvements, Upon the County's approval of the amount of the PIL, the developer, his successors, or assigns shall pay this sum within 90 days of the County's request for the PIL The schedule for negotiations is dependent upon the programmed construction schedule of adjacent roadways, /:";jsnda Item i~o. 1lC January 29, 2003 Page 125 of 129 E Nothing in any development order (DO) shall vest a right of access in excess of a right-inlright-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee, Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. F. If any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then a compensating right-of-way or easement shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review of the first subsequent development order application. The typical cross-section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator, or his designee. G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control devices, signs, pavement marking improvements within a public right-of- way or easement, or site-related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns, The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of the appropriate corresponding CO, H, The additional right-of-way shown on the MPUD Master Plan shall be dedicated on a plat or conveyed in fee simple by deed at no cost to Collier County within 1BO days of approval of the Chestnut Place MPUD. More specifically, this additional right-of-way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way and 39 feet in width along the project's entire frontage along the Immokalee Road right-of-way, 3, ENViRONMENTAL A minimum of 0,61 acres (15% of the 4,06 acres of native vegetation on site) shall be required to be retained or replanted, 4, PLANNING :::;f"i29 A. Prior to developing the Commercial Tract or the Institutional Tract the developer shall have made provisions for shared parking between the 2 tracts. The developer of the Commercial Tract shall also cooperate in providing for shared parking with the abutting parcel owner to the south once that parcel is rezoned and during the County permitting process. B, A functional public open-space component shall be provided, Such public open-space shall be developed as green space within a pedestrian- accessibie courtyard, as per the LOC, in effect at the time of this MPUD approval date, C, All buildings shall have tile roofs, "Old Florida" style metal roofs, or decorative parapet walls above the roofline, All of the buildings and signs shall have a similar architectural style and be finished in light, subdued colors, except for decorative trim, Bank drive-through facilities shall be architecturally integrated with the bank building, O. Pedestrian traffic shall be encouraged through the placement of sidewaiks, pedestrian walkways, and marked crosswalks within parking areas, Walkways or courtyards shall connect adjacent buildings, Adjacent projects shall coordinate placement of sidewalks so that a continuous pathway through the Neighborhood Center shall be created. E, Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access. F, All lighting facilities shall be architecturally-designed, and shall be limited to a maximum height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residenlialland uses. (1) Where a street lamp is required, it shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. (2) Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway or other area intended to be illuminated, (3) Where lighting of any recreational area is required, such lighting structure shall be mounted so as to focus illumination on the area - Agenda Item No. 17e January 29, 20Cl8 Page 127 of 129 intended to be illuminated, and to limit the amount of light that extends outside that area, 5, LANDSCAPING AND BUFFERING A. A twenty-five (25)-foot wide buffer shall be provided along both Everglades Boulevard and Immokalee Road, This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet in height within one (1) year. A minimum of fifty (50) percent of the twenty-five (25)-foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass, Existing native trees shall be retained within this twenty-five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in its natural state, and drainage conveyance through the buffer area shall be allowed, if necessary, to reach an external outfall. B. Where this MPUD directly abuts residential property zoned E-Estates outside the Neighborhood Center and without an approved conditional use, a minimum seventy-five (75) foot buffer shall be provided in which no parking uses are permitted, Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and shall be consistent with the LDC, The native vegetation retention area may consist of a perimeter berm. Any newly constructed berm shall be re- vegetated consistent with the LDC: C, If a fence or wall is constructed between abutting commercial and residential uses on the Commercial Tract (Tract 113), it shall be constructed on the commercial side of the required landscape buffer and shall not exceed a height of five feet. Walls shall be constructed of brick or stone, Fences shall be of wood or concrete post or rail types, and shall be open design (not covered by slats, boards or wires), A six foot high wooden fence shall be constructed within the eastern 75-foot buffer of the Institutional Tract (Tract 114) at the time of the creation of this 75-foot buffer along the eastern boundary of the Institutional Tract. 0, Proposed Land Development Code Amendment 2007 (as revised on November 6,2007), Cycle 2, Subsection 10,02.03,A.5, Paragraphs a, b, c, and d, relating to non-compatible uses, attached hereto and incorporated by reference herein as Exhibit "E-1 ", shall apply to the subject property, and shall be enforced as written. ,L;,asnda item t~o. 17C - January 29, 2003 Page 128 of 129 EXHIBIT "E-1" PROPOSED LAND DEVELOPMENT CODE AMENDMENT 2007 . i\gsnda item No. 17e January 29, 2C108 Page 129 of 129 Non-compatible uses, It is recoQnized that there are uses and accessory uses which, because of their verv nature. have characteristics that do not meet the compatlbilltv criteria of this ordinance and thus adverselv imoact adiacent areas, Special reoulation of these uses is necessary to ensure that these adverse impacts will not contribute to the bllqhtino and downoradino of the surrounclino neiohborhood, a, Within 15 days from submittal of any site development plan. it shall be within the discretion of the County Manaaer or desianee to refuse aooroval of such site develooment olan if it includes a use that. in the orofesslonal iudament of the County ManaQer or designee, is not comoatible with and has the ootential to cause a deleterious effect uPon an adiecent neighborhood. b, Notice of such refusal shall be Promptlv mailed to the apblicant for the sile develooment olan. Aoplicant and staff will meet at their eerliest convenience to discuss and attemot to amicablv resolve the comoatlbllllv issues, which can include, but is not limited to, movino the Questioned use to another iocation within the develoDment. c. Should the parties be unable to reach an amicable solution. the matter will be promptlv referred to the Collier Countv Plannina Commission, At a publiclv noticed hear/nQ, the Plannlna Commission will review the orooosed use make a findinQ as to (1) whether the proposed use was intended for this site, as set forth in the zonina ordinance. and (2) whether such use can be made compatible with the adloinino neiohborhood throuah the Imposition of certain conditions or restrk;tions, includina but not limited to iocatina the use to another location within the development, bUfferina, Iimitln!:! hours of operation, reQulrlna a vestibule, walls. and relocatina dumpSters, d, Should either the County or the apolicant be unwillinQ to abide with the findinas and recommendations of the Plannino Commission. the matter will then be forwarded to the Board of County Commissioners for a public hearino, to be conducted in the same manner as LDC Section 10,08,00, except that notice purposes 10 days prior notice bv publication will besufflcient. Exhibit E-l