Agenda 01/12/2021 Item #9A 1 (Staff Report CCPC)9.A.1
Coifie- r County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION — ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 5, 2020 (continued from October 15, 2020)
SUBJECT: PUDR-PL20190002305; SABAL BAY MIXED USE PLANNED UNIT
DEVELOPMENT REZONE (PUDR) — FLEISCHMANN PARCEL
OWNER/APPLICANT/AGENTS:
Owner:
Bayshore Parcel, LLC
255 13th Ave S, Suite 202
Naples, FL 34102
Applicant/Contract Purchaser:
Minto Sabal Bay, LLC/Minto Communities, LLC
4400 W. Sample Rd., Suite 200
Coconut Creek, FL 33073
Agents:
Jennifer Sapen, Barraco & Assoc., Inc.
2271 McGregor Blvd., Suite 100
Fort Myers, FL 33901
Rich Yovanovich, Esq.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
application to rezone 102.49+ acres from the Rural Agricultural (A), Rural Agricultural with Special
Treatment Overlay (A-ST), Residential Single Family (RSF-3), and Residential Single Family with
Special Treatment Overlay (RSF-3-ST) Districts to the Sabal Bay Mixed Use Planned Unit
Development (MPUD) District; and to amend the PUD Document and Master Plan to add Tract R9
for residential development; and to add 230 dwelling units for a total of 2,229 dwelling units;
increasing total size of the MPUD to 2,518.98+ acres.
GEOGRAPHIC LOCATION:
The property subject to rezoning is 102.49+ acres located on the east side of Bayshore Drive, south
of Woodside Avenue, and abutting the western edge of the Avalon Canal, which is within the
Sabal Bay MPUD. The northern 40+ acres of the property is within the Bayshore Gateway
Triangle Community Redevelopment Area (CRA) and the Bayshore Beautification Municipal
Service Taxing Unit (MSTU).
The Sabal Bay MPUD is located south of Thomasson Drive, south and west of U.S. 41, north and
west of the Wentworth Estates PUD, and east of the Naples Bay Intercoastal Waterway in Sections
23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South,
Range 26 East, Collier County, Florida (see location map on page 2).
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PROJECT
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Petitien Numher: PL20190002305
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PURPOSE/DESCRIPTION OF PROJECT:
This petition seeks to rezone 102.49+ acres to be designated as Tract R9 of the Sabal Bay MPUD
to accommodate development of up to 230 additional residential dwelling units and a proposed
preserve area of 29.97 acres.
The Sabal Bay MPUD was originally established by Ordinance No. 05-59, approved on November
15, 2005. An amendment was approved by Ordinance No. 12-12 on March 13, 2012 which
adjusted allowable non-residential uses and tracts. Currently, the MPUD allows for 1,999
residential dwelling units, 250 hotel rooms, 200,000 square feet of retail and 60,000 square feet of
office. As approved, the residential density is 0.85 dwelling units per acre on 2,350 acres within
the MPUD that are designated for residential use. The proposed rezoning will result in a residential
density of 0.91 dwelling units per acre on 2,453 acres within the MPUD that are designated for
residential use.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of the property subject to the rezoning request:
North: Immediately north is Tract R5 of the Sabal Bay MPUD, where an east -west
road connects from the Isles of Collier Preserve community on the east to
Bayshore Road and Residential Tract R7 of the Sabal Bay MPUD to the west.
This roadway is proposed to provide access to proposed Tract R9. Beyond
Tract R5 to the north are residential homesites within the Bayshore Gateway
Triangle CRA, zoned Residential Multifamily with Bayshore Mixed Use
District — Residential Overlay (RMF-6-BMUD-RI).
East: Immediately east is Avalon Canal, which is within the Sabal Bay MPUD.
Beyond the canal are Antigua Way and Tracts R2-B, R2-A, and R4 of the Sabal
Bay MPUD. These tracts are being developed as single family homesites in the
Isles of Collier Preserve community.
South: South of the subject site is a 10.3+ acre privately owned parcel that is
undeveloped and zoned Agriculture (A) and Agriculture -Special Treatment
Overlay (A-ST) and the 780+ Preserve area of the Sabal Bay MPUD designated
for Rookery Bay National Estuarine Research Reserve.
West: Immediately west is the 50 foot wide Bayshore Drive right-of-way; Bayshore
Drive is adjacent to the northern 330+ feet of the subject site and then
terminates. The right-of-way (currently unconstructed) continues along the
entire westerly boundary of the subject site. Beyond the right-of-way is Holly
Avenue developed with residential homesites and zoned Village Residential
(VR), and approximately 30 undeveloped acres zoned Residential Single
Family (RSF-3), all of which lie within the Bayshore Gateway Triangle CRA.
Also to the west, roughly 40 acres are zoned Agricultural (A) and undeveloped.
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GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use
District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map (FLUM)
within the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard
Area (CHHA). CHHA provisions, for the most part, apply to residential development and affects
the FLUE Density Rating System, as follows:
The base residential density allowed by the Urban Mixed Use District is 4 dwelling units per acre
(DU/A). Due to the property's location in the CHHA, the maximum attainable density is reduced
by 1 DU/A, for a maximum density of 3 DU/A. Therefore, the allowable number of units on
proposed Tract R9 would be 102.49± x 3 DU/A = maximum of 307 units.
A total of 230 dwelling units are proposed for Tract R9, which equals a net density of 2.24 DU/A.
As a result of the rezoning, the gross residential density for the PUD equates to 0.91 DU/A on
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2,453 acres designated for residential use. Both the net density and gross density are within the
maximum density of 3 DU/A applicable within the CHHA. (see Attachment B — FLUE
Consistency Review)
Transportation Element:
In evaluating this project, staff reviewed the applicant's March 18, 2020 Traffic Impact Statement
for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan
(GMP) using the applicable 2019 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project's
significant impacts on all roadways. "
Staff finding: According to the PUD provided with this proposed rezoning, the petitioner is
requesting to add an additional 230 residential units for a proposed total of 2,229 residential units
for this PUD. The TIS provided with this petition outlined a potential development scenario for
Tract R9 that included a total of 90 single family residential units and 140 multi -family residential
units for a total of 230 residential units. The proposed development will generate a projected total
of +/- 172 PM peak hour, 2-way trips on the adjacent roadway segments of Tamiami Trail East
(US 41), Bayshore Drive and Thomasson Drive. Staff reviewed the proposed TIS scenario and
determined that it presented an accurate trip generation, a reasonable distribution and a reasonable
development potential. The developer commitment trip cap in PUD Exhibit F, Section 8.8.E. for
Tract R9 represents a trip cap count of +/- 172 PM peak hour, 2-way trips. The applicant has since
committed to prohibiting multifamily homes within Tract R9. Staff finds development of single
family and two family (villa style) homes to be acceptable because the trip cap established in the
PUD for Tract R9 will apply. Based on the current 2019 AUIR and the information provided, the
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subject roadway links have sufficient capacity to accommodate the project within the 5-year
planning period.
The trips generated by the Tract R9 development will occur on the following adjacent roadway
links:
Link/Roadway
Link
2019 AUIR
Current Peak
2019
LOS
Hour Peak
Remaining
Direction Service
Capacity
Volume/Peak
Direction
92.0/Tamiami Trail
Airport Pulling Road
D
2,900/East
343
East
to Rattlesnake
*expected
(US 41)
Hammock Road
background
traffic
deficient
2027
108.0/Thomasson
Bayshore Drive to
D
800/East
150
Drive Bayshore Drive
Tamiami Trail East
to Tamiami Trail East
(US41
US41
7.0/Bayshore Drive
Thomasson Drive to
B
1,800/South
1,011
Tamiami Trail East
(US 41)
*This road segment is located within the South US 41 TCEA (Transportation Concurrency Exception Area) and is
exempt from transportation concurrency requirements. The TIS indicates that a total of +/- 13 trips will be exiting
east on US 41 at PM peak hour peak direction; therefore, there remains adequate capacity on this segment.
Based on the TIS and the 2019 AUIR, the subject PUD Rezone can be found consistent with Policy
5.1 of the Transportation Element of the Growth Management Plan, as the Traffic Impact
Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to
accommodate this project within the 5-year planning period.
Conservation and Coastal Management Element (COME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site consists of 101.57 acres of native vegetation. A minimum of 25.39 acres
(25%) preserve is required; however, the request includes 29.97 acres of preserve to be placed
under preservation and dedicated to Collier County.
GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. This petition is consistent with the
GMP.
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STAFF ANALYSIS:
Applications to rezone to or to amend RPUDs shall be in the form of a RPUD Master Plan of
development, along with a list of permitted and accessory uses and a development standards table.
The RPUD application shall also include a list of developer commitments and any proposed
deviations from the LDC. Staff has completed a comprehensive evaluation of this land use
petition, including the criteria upon which a recommendation must be based, specifically noted in
LDC Section 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the
"PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission
Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's
recommendation. The CCPC uses the aforementioned criteria as the basis for its recommendation
to the Board, who in turn use the criteria to support their action on the rezoning or amendment
request. An evaluation relative to these subsections is discussed below, under the heading "Zoning
Services Analysis." In addition, staff offers the following analyses:
Drainage: Stormwater Review staff has reviewed this request and finds that best management
practices, treatment, and storage will be addressed through the environmental resource permitting
process with the South Florida Water Management District. County staff will also evaluate the
project's stormwater management system, calculations, and design criteria at the time of site
development plan (SDP) and/or platting (PPL).
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The PUD preserve requirement is 25.39 acres (25% of 101.57 acres). The
PUD Master Plan provides a total of 29.97 acres of preserve, which meets the minimum 25 percent
native preservation requirement in accordance with LDC 3.05.07.
The environmental data indicates the proposed project is in an area that has the potential to contain
a variety of protected animal species. The listed species survey revealed sixty-eight gopher tortoise
(Gopherus polyphemus) burrows were observed onsite. The burrows are in the central portion of
the subject property (Figure 7 of the Environmental Data). A gopher tortoise relocation permit
will need to be obtained from the Florida Fish & Wildlife Conservation Commission (FWC) prior
to approval of the first SDP and/or PPL.
The proposed project is located within the US Fish and Wildlife Service (FWS) consultation area
for Bonneted Bat (Eumops floridanus). Bonneted bat acoustic survey was conducted on the subject
property; however, no evidence was found indicating the trees were being utilized for nesting. The
listed species survey for the subject property did not identify the presence of an eagle nest
(Haliaeetus leucocephalus) on the property. Historically, the property located directly west of the
subject property contained an active eagle nest (CO-009A); however, this nest was last confirmed
to be active in 2006. Should the petition be approved, continued review for an active eagle nest
will be required. Additionally, the existing development commitments for Sabal Bay have
established guidelines for the protection of bald eagles and their nest in accordance with LDC
section 3.04.02 D.
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Butterfly Orchid (Encyclia tampensis), Twisted airplant (Tillandsia flexuosa), and Stiff -leafed
wild -pine (Tillandsia fasciculata), listed as less rare plants, have been observed on the property
and will be protected in accordance with LDC 3.04.03.
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval with the following conditions of approval.
Transportation Planning staff has the following conditions of approval for this petition:
Stipulation for Approval 1: "Upon request of County, the developer of Tract R9, or
its successors and assigns, shall pay its fair share payment and coordinate with
Collier County on traffic calming improvements under the Neighborhood Traffic
Management Program (NTMP) including but not limited to striping, signage and
speed tables on Bayshore Drive from the project access to Thomasson Drive. This
commitment will expire the earlier of: 2 years after buildout of Tract R9 or turnover
to the HOA."
Stipulation for Approval 2: "The developer of Tract R9 and its successors and assigns
consent to Collier County including the entirety of the Tract R9 property in the
Bayshore Beautification Municipal Service Taxing Unit (MSTU). This commitment
is specific to Tract R9 and will expire 2 years after buildout of Tract R9."
Utilities Review: The project lies predominantly within the regional potable water service area and
the south wastewater service area of the Collier County Water -Sewer District (CCWSD). The PUD
expansion area lies within the City of Naples' water service area, but based upon preliminary
discussion with the City, staff anticipates amending the CCWSD's interlocal agreement with the
City to allow the CCWSD to provide water service to the entire PUD. Water and wastewater
services are readily available to the PUD expansion area via connections to existing infrastructure
within the Bayshore Drive right-of-way and constructed along Antigua Way, in Phase 12 to the
east. Sufficient water and wastewater treatment capacities are available.
Adequate downstream wastewater system capacity must be confirmed at the time of development
permit (SDP or PPL) review through a thorough engineering analysis, which will be discussed at
a mandatory pre -submittal conference with representatives from the Public Utilities Engineering
and Project Management Division and the Growth Management Development Review Division.
Any improvements to the Collier County Water -Sewer District's wastewater collection/
transmission system necessary to provide sufficient capacity to serve the project will be the
responsibility of the owner/developer and will be conveyed to the Collier County Water -Sewer
District at no cost to the County at the time of utilities acceptance.
Landscape Review: The buffers labeled on the updated master plan are consistent with the LDC.
Historic Preservation Review: Staff received phone calls from members of the public with
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inquiries and concerns about potential for historic or archeological artifacts associated with the
site, however the subject 102.49+ acre property does not lie within an area of interest designated
by Collier County's "Map of Areas of Historical/Archaeological Probability." In order to protect
historical or archeological resources should they be discovered during construction, Land
Development Code standards will apply to ensure protection. Specifically, Land Development
Code Section 2.03.07.E.2.ii outlines that activity shall immediately stop and protective procedures
must be followed if, during the course of site clearing, excavation or other construction activity,
an historic or archaeological artifact, or other indicator is found.
School District: School District staff has reviewed the proposed addition of residential units and
finds at this time there is existing or planned capacity within the next 5 years for the purposed
development at the elementary, middle, and high school levels. At the time of site plan or plat, the
development will be reviewed for concurrency to ensure there is capacity either within the
concurrency service area the development is located within, or adjacent concurrency service areas.
Zoning Services Review: Zoning Division staff has evaluated the proposed uses and density for a
determination of compatibility. Also, we reviewed the proposed development standards for the
project.
As noted within the GMP consistency portion of this staff report, the Sabal Bay PUD is within the
Coastal High Hazard Area, which is designated as a low residential density category to minimize
the loss of property due to increased flood risk. The maximum density prescribed by the Density
Rating System in the GMP for this area is 3 units per acre. The proposed additional 102.49+ acres
with 230 additional dwelling units yields a net density of 2.2 units per acre, and the overall density
of the residential portion of the MPUD increases from 0.85 to 0.91 dwelling units per acre, both
within the allowable density for the area.
In proximity to the subject site are established residential neighborhoods along Bayshore Drive
and the developing residential community of Isles of Collier Preserve. The context of this area's
development pattern is generally single family. The petitioner has limited the proposed unit types
as stated in PUD Section 3.4.A.4, "Multi -family is prohibited in the R9 Tract." This will be
consistent with the development pattern in the vicinity, and the proposed density is compatible
with the existing surrounding development. The proposed preserve area, open space and buffering
will assist in establishing consistency and compatibility with the surrounding land use pattern.
PUD FINDINGS:
LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan's compliance with the following criteria in addition to the
findings in LDC Section 10.02.08":
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
The additional proposed dwelling units and proposed property development regulations are
compatible with the low -density development approved in the area. The Public Utilities
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Division states that the PUD already receives potable water and wastewater services from
the CCWSD, and there are adequate water and wastewater treatment capacities available
to future development as proposed by this petition. The Transportation Planning staff has
indicated there is available capacity within the roads anticipated to be impacted by the
additional trips generated by the proposed addition to the Sabal Bay PUD. Drainage system
design will be evaluated in connection with Water Management District permitting and
development order (SDP or Plat) and construction permits.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney's
Office, demonstrate unified control of the subject property, Tract R9.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
County staff has reviewed this petition, analyzed conformity with the relevant goals,
objectives, and policies of the GMP within the GMP Consistency portion of this staff report
(and within Attachment B - FLUE Consistency Memo), and finds this petition is consistent
with the GMP.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
As described in the StaffAnalysis section of this staff report subsection Landscape Review,
staff is of the opinion that the proposed project will be compatible with the surrounding
area. The Master Plan proposes the appropriate perimeter landscape buffers.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The MPUD is required to provide at least 30% of the gross area for usable open space. No
deviation from the open space requirement is being requested, and compliance would be
demonstrated at the time of SDP or platting.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
The Public Utilities Division states that no public utility facility adequacy issues are
anticipated at this time. Pursuant to Sec. 134-57(a) of the Collier County Code of
Ordinances, availability of potable water and wastewater services must be verified in
writing by the CCWSD prior to submittal of construction documents.
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The roadway infrastructure is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at time
of first development order (SDP or Plat), at which time a new TIS will be required to
demonstrate turning movements for all site access points. Finally, the development must
comply with all other applicable concurrency management regulations when development
approvals, including but not limited to any plats and or site development plans, are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The area has adequate supporting infrastructure, including readily available County water
and wastewater mains, to accommodate this project.
The roadway infrastructure has adequate capacity to serve the proposed project at this time,
as evaluated as part of the GMP Transportation Element consistency review above.
Operational impacts will be addressed at time of first development order (SDP or Plat).
Additionally, the development must comply with all other applicable concurrency
management regulations when development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
There are no deviations proposed in this rezone request. Changes are proposed to the list
of developer commitments, and those commitments are in conformity with the provisions
of County regulations and the LDC.
Rezone Findings:
LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners... shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable":
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the Growth Management Plan.
Comprehensive Planning, Environmental and Transportation staff have reviewed the
petition and analyzed it for consistency with the goals, objectives, and policies of the GMP.
They have found the request to be consistent with the GMP.
2. The existing land use pattern.
The existing land use pattern in vicinity of the subject site is described in the Surrounding
Land Use and Zoning section of this report. The proposed 230 additional residential
dwelling units are restricted to single family or two-family villa style development and thus
will not change the existing land use patterns in the area. The proposed 102.49+ acre
addition to the Sabal Bay MPUD is bordered by the existing Residential Tracts of the Sabal
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Bay MPUD to the north and east, existing preserve to the south, and single and multifamily
residentially zoned and developed homesites further north and to the northwest.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
As described, the abutting land to the proposed addition is entitled for residential use or
designated for preserve, which aligns with the proposed residential use and preservation
area designated on the subject site.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Existing zoning district boundaries are logically drawn consistent with the parcels subject
to this rezone request (Tract R9). The existing Community Redevelopment Area and
Bayshore Beautification MSTU boundary is not logically drawn, given that the site is split
with the northern 40+ acres lying in the CRA and MSTU boundary, and the southern 62+
acres outside the CRA and MSTU boundary. The site is designed and proposed for
development as a unified site, thus it would be appropriate to incorporate the entire Tract
within the MSTU boundary considering that a consequence of rezoning will be that all
units developed within the Tract will have the same point of access, and therefore will
equally utilize Bayshore Drive.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed rezone is not necessary, but it is being requested in compliance with the LDC
provisions to seek such changes. The current zoning classifications are not suited to
accommodate the proposed development plan, therefore the PUD rezoning is being sought.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Staff is of the opinion that the proposed PUD Rezone is consistent with the County's land
use policies that are reflected by the FLUE of the GMP. Development in compliance with
the proposed PUD rezone should not adversely impact living conditions in the area. The
surrounding neighborhoods are characterized by residential homesites and preserve areas,
and the proposal is for the addition of single family or two-family villa style homes as well
as a preserve area.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time;
GMP consistency at the time of rezoning is evaluated as part of the GMP Transportation
Element consistency review. Operational impacts will be addressed at time of first
development order (SDP or Plat). Additionally, the project's development must comply
with all other applicable concurrency management regulations when development
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approvals are sought.
8. Whether the proposed change will create a drainage problem.
The proposed RPUD request is not anticipated to create drainage problems in the area;
provided an environmental resource permit that addresses stormwater best management
practices, stormwater pollution prevention, urban stormwater management, on -site
stormwater treatment, and attenuation storage is obtained from the South Florida Water
Management District. County staff will evaluate the project's stormwater management
system, calculations, and design criteria at time of development order (SDP or Plat) and
construction permits.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed addition of residential units at a net density of 2.2 dwelling units per acre,
with required setbacks and buffers, is not anticipated to reduce light or air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
This is a subjective determination based upon anticipated results, which may be internal or
external to the subj ect property. Property valuation is affected by a host of factors including
zoning; however, zoning by itself may or may not affect values, since value determination
is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Much of the developable adjacent property is already developed for residential use. The
approval of the rezone is not likely to deter development activity of surrounding property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
Because the proposed development complies with the GMP, then that constitutes a public
policy statement supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant
of special privilege. Consistency with the FLUE is further determined to be a public
welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
While roughly 30 acres of the site has a designation of RSF-3 allowing single family home
development, the overall 102.49 acre site is also designated RSF-3/ST, A, and A/ST, and
the overall site could not be developed as a unified project as proposed.
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14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
It is staff s opinion the proposed uses and associated development standards and developer
commitments will ensure that the project is not out of scale with the needs of the
community.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The petition was reviewed for compliance with the GMP and the LDC, and staff does not
specifically review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Any development anticipated by the PUD Document would require considerable site
alteration, and this project will undergo extensive evaluation relative to all federal, state,
and local development regulations during the development order (SDP or Plat) and
construction permits, and again later as part of the building permit process.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities (APF), and the project will need to be consistent with
all applicable goals and objectives of the GMP regarding adequate public facilities, except
as may be exempt by federal regulations. This petition has been reviewed by County staff
responsible for jurisdictional elements of the GMP as part of the review process and it has
been concluded that Level of Service will not be adversely impacted given the
commitments made in the PUD Document.
The concurrency review for APF is determined at the time of development order (SDP or
Plat) and construction permits.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was held on July 16, 2020 at the Isles of Collier Preserve Clubhouse Multi -Purpose
Room. The summary of the NIM and PowerPoint slides are included in the application back up
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material found in Attachment C. The sign -in logs indicate thirty-five attendees were present, and
109 attendees were remote via Zoom. The meeting was 2-1/2 hours long. The petitioner reviewed
a series of questions received in advance of the meeting with prepared answers, as well as live
questions and answers. Concerns were concentrated on the following issues:
• Amenities: Isles of Collier Preserve residents voiced concern that existing common area
amenities and recreation facilities within the community will be inadequate with the
addition of more community members, and they pressed for some type of mitigation or
compensation related to internal amenities.
• Traffic: Isles of Collier Preserve residents questioned the impacts of construction traffic
and impacts of increased vehicular traffic on their internal community streets. Impacts on
the traffic volumes and character of Bayshore Drive, Thomasson Drive, and U.S. 41 were
also a concern.
• Environment: Some attendees voiced concern over environmental sensitivity of the
property and the proposed development's impact to habitats for protected species.
• Drainage: A property owner to the south questioned how the development's drainage will
impact his property. The petitioner's engineer subsequently met with the property owner
and the Water Management District to address these questions.
The following commitments were made by the applicant:
1. Unit types will be limited to single family and two family (villa style) units. PUD Section
3.4.A.4 addresses this commitment with the statement, "Multi family is prohibited in the
R9 Tract. "
2. The petitioner committed to evaluate capacity and function of existing and proposed
amenities within Isles of Collier Preserve.
3. The petitioner committed to working with the County on road impacts of heavy
trucks/construction vehicles. PUD Section 8.8.F addresses this commitment with the
condition that "The developer shall obtain a right of way permit prior to commencing
construction of Tract R9. "
4. Along with using internal accessways where feasible, the petitioner will consider a
construction access management plan to regulate impacts to Bayshore Drive.
5. The petitioner's project engineer committed to meet with the neighboring 10-acre property
owner (Folio #61838040006) and the Water Management District. This commitment was
fulfilled.
6. The petitioner will continue informational meetings with the Community Redevelopment
Agency Advisory Board until the construction on Tract R9 is completed. PUD Section
8.9. C states this commitment.
7. Entry gates at Bayshore Drive will be similar to existing gates on Saba Drive at the
Thomasson Drive entry including a gate, chain link, concrete wall, and landscaping. PUD
Section 8.9.D states this commitment.
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ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews as identified in Section 2-1193 of
the Collier County Codes of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report on September 25, 2020.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of approval
with these stipulations incorporated in the PUD Document:
1. Upon request of County, the developer of Tract R9, or its successors and assigns,
shall pay its fair share payment and coordinate with Collier County on traffic
calming improvements under the Neighborhood Traffic Management Program
(NTMP) including but not limited to striping, signage and speed tables on Bayshore
Drive from the project access to Thomasson Drive. This commitment will expire
the earlier of: 2 years after buildout of Tract R9 or turnover to the HOA.
2. The developer of Tract R9 and its successors and assigns consent to Collier County
including the entirety of the Tract R9 property in the Bayshore Beautification
Municipal Service Taxing Unit (MSTU). This commitment is specific to Tract R9
and will expire 2 years after buildout of Tract R9.
Attachments:
A)
Proposed Ordinance
B)
FLUE Consistency Memo
C)
Application/Backup Materials
D)
Public comment letters received as of Oct. 26, 2020
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