Executive Summary/Staff Documents
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COLLIERCOUNTY
Growth Management Plan Amendments
2007 ~ 2008
Combined Cycle
&
Petition CP~2009~ 1
TRANSMITTAL HEARINGS
BCC: January 19, 2010
COI'EI'S:
Exeeu~.Ye Summar.es &. ~her S~aH Doeumena
~
SPECIAL AGENDA
January 19, 2010
9:00 a.m.
2007/2008 Cycle of Growth Management Plan Amendments,
(including a 2009 Petition)
Transmittal Hearing
Donna Fiala, Commission Chairman District 1
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner District 3
Fred W. Coyle, Commission Vice Chairman District 4
James Coletta, Commissioner, District 5
NOTE: THE BOARD INTENDS TO BREAK AT APPROXIMATELY 3:00 P.M., AND THEN
RECONVENE AT 5:00 P.M. TO HEAR ITEMS 2. C. AND D.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR
TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT
NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER
WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
"PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS
THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER
TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE
HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. 2007/2008 Combined Cycle of Growth Management Plan Amendments, including a
2009 Petition (Transmittal hearing).
1
January 19, 2010
A. CP-2007-1, Petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use MaD and
MaD Series, to create the Wilson Boulevard Conditional Uses Subdistrict, to
allow a maximum of 40,000 square feet of permitted and conditional uses of
the Estates zoning district, for property located on the southeast corner of
Immokalee Road (CR 846) and Wilson Boulevard, in Section 27, Township
48 South, Range 27 East, consisting of :1:5.17 acres. [Coordinator: Corby
Schmidt, AICP, Principal Planner]
B. CP-2007-3, Petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use MaD and
MaD Series, to create the Mission Subdistrict to allow church and related
uses, including schools, adult care and child care, and community outreach,
with a maximum of 90,000 square feet of total development, for property
located on the south side of Oil Well Road (CR 858), 1/4 mile west of
Everglades Boulevard, in Section 19, Township 48 South, Range 28 East,
consisting of :1:21.72 acres. [Coordinator: Beth Yang, AICP, Principal
Planner]
C. CP-2008-1, Petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use MaD and
MaD Series, to create the Estates Shopping Center Subdistrict to allow a
maximum of 210,000 square feet of commercial uses of the C-4 zoning
district, with exceptions, and some uses of the C-5 zoning district, with
requirement to construct a grocery store, for property located on the north
side of Golden Gate Boulevard extending from Wilson Blvd. west to 3rd Street
Northwest, in Section 4, Township 49 South, Range 27 East, consisting of
:1:40.62 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] -
[Note: to be heard when BCC reconvenes at 5:00 p.m.]
D. CP-2008-2, Petition requesting an amendment to the Golden Gate Area
Master Plan and Golden Gate Area Master Plan Future Land Use MaD and
MaD Series. to expand and modify the Randall Boulevard Commercial
Subdistrict to allow an additional 370,950 square feet of commercial uses of
the C-4 zoning district, with exceptions, for property located on the south side
of Randall Boulevard, extending from 8th Street Northeast west to the canal
on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and
27, Township 48 South, Range 27 East, consisting of :1:56.5 acres.
[Coordinator: Michele Mosca, AICP, Principal Planner] -
[Note: to be heard when BCC reconvenes at 5:00 p.m.]
E. CP-2008-4, Petition requesting an amendment to the Future Land Use
Element and Future Land Use MaD and MaD Series, to re-designate from
Rural Fringe Mixed-Use District (RFMUD) Sending Lands to Neutral Lands
property located on the east and south sides of Washburn Avenue, east of
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January 19, 2010
the Naples landfill, in Section 31, Township 49 South, Range 27 East,
consisting of :1:28.76 acres.
[Coordinator: Corby Schmidt, AICP, Principal Planner]
F. CPSP-2008-7. Staff Petition requesting an amendment to the Future Land
Use Element to add a new Policy 4.11 pertaining to aligning planning time
frames in the Growth Management Plan (GMP).
[Coordinator: David Weeks, AICP, GMP Manager]
G. CP-2009-1, Petition requesting an amendment to the Future Land Use
Element and Future Land Use MaD and MaD Series (FLUElFLUM), to create
the Dade-Collier Cypress Recreation Area District within the Conservation
Designation, for property located along the Miami-Dade/Collier County
border, in Sections 13,14,15 & 16, Township 53 South, Range 34 East,
consisting of 1,608:1: acres.
[Coordinator: David Weeks, AICP, GMP Manager]
3. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COMPREHENSIVE PLANNING DEPARTMENT (239) 252-2400
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January 19, 2010
TABLE OF CONTENTS
2007-2008 Combined Cycles of GMP Amendments - BCC Transmittal Hearings
I. TAB: Executive Summary. DOCUMENTS: (1) Executive Summary; (2) Location Map for
Petitions East of CR 951 in Golden Gate Estates; (3) The Florida Senate Interim Report
2010-107, October 2009 titled Population Need as a Criterion for Changes to a Local
Government's Future Land Use Map; (4) Staff Summary of the Florida Senate Interim
Report 2010-107, October 2009; (5) CCPC Transmittal Recommendations for 2007-2008
Combined Cycles Growth Management Plan Amendments; (6) Staff Alternative Text for
Petition CP-2008-1; (7) November 9,2009 Merna from Dan Summers re: CP-2009-1.
2. TAB: BCC Advertisement. DOCUMENT: BCC legal ad.
3. TAB: CCPC Advertisement. DOCUMENT: CCPC legal ad
4. TAB: Resolution. DOCUMENT: GMP Amendment Resolution for all seven (7) petitions.
5. TAB: Exhibit A CP-2007-1. DOCUMENT: Resolution Exhibit A text and maps for CP-2007-1.
6. TAB: Exhibit A CP-2007-3. DOCUMENT: Resolution Exhibit A text and maps for CP-2007-3.
7. TAB: Exhibit A CP-2008-1. DOCUMENT: Resolution Exhibit A text, maps and diagrammatic
plan for CP-2008-1.
8. TAB: Exhibit A CP-2008-2. DOCUMENT: Resolution Exhibit A text and maps for CP-2008-2.
9. TAB: Exhibit A CP-2008-4. DOCUMENT: Resolution Exhibit A text and map for CP-2008-4.
10. TAB: Exhibit A CPSP-2008-7. DOCUMENT: Resolution Exhibit A text for CPSP-2008-7.
11. TAB: Exhibit A CP-2009-1. DOCUMENT: Resolution Exhibit A text and maps for CP-2009-1.
12. TAB: GMPA Standard Language. DOCUMENT: Standard Language for GMPA Staff Reports.
13. TAB: CP-2007-1 Staff Report. DOCUMENTS: CP-2007-1 CCPC Transmittal Staff Report with
eight attachments - Collier Interactive Growth Model (CIGM) Maps.
14. TAB: CP- 2007 - 3 Staff Report. DOCUMENTS: CP- 2007 - 3 CCPC Transmittal Staff Report with
seven attachments - five CIGM Maps, Table I Ag Lands;:::1O Acres, and Table 2 Vacant
Commercial Square Feet.
15. TAB: CP-2008-1 Staff Report. DOCUMENTS: CP-2008-1 CCPC Transmittal Staff Report with
seven attachments - CIGM Maps.
16. TAB: CP-2008-2 Staff Report. DOCUMENTS: CP-2008-2 CCPC Transmittal Staff Report with
eight attachments - CIGM Maps.
17 . TAB: CP-2008-4 Staff Report. DOCUMENTS: (1) CP-2008-4 CCPC Transmittal Staff Report;
(2) CP-2008-4 EAC Transmittal Staff Report.
18. TAB: CPSP-2008-7 Staff Report. DOCUMENT: CPSP-2008-7 CCPC Transmittal Staff Report.
19. TAB: CP-2009-1 Staff Report. DOCUMENTS: (1) CP-2009-1 CCPC Transmittal Staff Report;
(2) CP-2009-1 EAC Transmittal Staff Report; (3) Correspondence received re: CP-2009-1.
20. TAB: GGAMP CP-2007-1. DOCUMENTS: CP-2007-1 petition form with exhibits/documents.
21. TAB: Post-CCPC Submittal CP-2007-1. DOCUMENTS: Wilson Boulevard Conditional Uses
Subdistrict text.
22. TAB: GGAMP CP-2007-3. DOCUMENTS: CP-2007-3 petition form with exhibits/documents.
23. TAB: Post-CCPC Submittal CP-2007-3. DOCUMENTS: Revised Cover Letter dated December
1,2009.
24. TAB: GGAMP CP-2008-1. DOCUMENTS: CP-2008-1 petition form with exhibits/documents.
25. TAB: Post-CCPC Submittal CP-2008-1. DOCUMENTS: (1) Revised Exhibit IV.B. and
Additional Data & Analysis Information; (2) Supplemental Community Support Packet.
26. TAB: GGAMP CP-2008-2. DOCUMENTS: CP-2008-2 petition form with exhibits/documents.
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27. TAB: Post-CCPC Submittal CP-2008-2. DOCUMENTS: (1) Policy Factors as a Consideration
in Needs Assessment; (2) Retail GAP Report Market Study; (3) Demographic Report; (4)
Greenhouse Gas Reduction Analysis.
28. TAB: FLUE CP-2008-4. DOCUMENTS: CP-2008-4 petition form with exhibits/documents.
29. TAB: Post-CCPC Submittal CP-2008-4. DOCUMENTS: Summary of Benefits from
Construction Demolition Debris Recycling Responding to House Bill 697.
30. TAB: FLUE CP-2009-1. DOCUMENTS: CP-2009-1 petition form with exhibits/documents.
31. TAB: Post-CCPC Submittal CP-2009-1. DOCUMENTS: (1) Appendix V.D.5b.2A Collier
County Off-Highway Vehicle Feasibility Study; (2) Appendix V.D.5b.4 Prior Site
Conditions.
BGe Transmittal 2007-2008 cycle - binder Table of Contents
G: Comprehensive\Comp. Planning GMP DATA\Comp. Plan Amendments\2007-2008 Combined Cycle Petitions
dw/12-21-09& 1-8-10
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EXECUTIVE SUMMARY
Public Hearing for the 2007-2008 Combined Cycles of Growth Management Plan
Amendments, including one 2009 Cycle Petition. (Transmittal Hearing)
OBJECTIVE:
For the Board of County Commissioners to review the 2007-2008 combined cycles of amendments
to the Collier County Growth Management Plan and consider approving said amendments for
transmittal to the Florida Department of Community Affairs.
CONSIDERATIONS:
. Chapter 163, F.S., provides for an amendment process for a local government's adopted
Growth Management Plan.
. At time of the Collier County Planning Commission (CCPC) hearings, the 2007-2008
combined cycle of GMP amendments consisted of nine private sector petitions and one
County-initiated petition, including one 2009 cycle petition per prior Board direction. However,
of the private sector petitions, only six now remain in this cycle as two petitions were
withdrawn subsequent to the CCPC hearing and one petition was continued indefinitely by the
CCPC at petitioner's request (then added to the amendment cycle with petition CP-2008-5,
Immokalee Area Master Plan). The four petitions for sites east of Collier Boulevard (CR 951)
within Golden Gate Estates are depicted on the attached location map.
. The (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their
Transmittal hearing for these petitions on October 19, 20 and 29, 2009, and November 19,
2009.
. This Transmittal hearing for the 2007-2008 combined cycle considers amendments to the
following Elements of the Plan:
o Future Land Use Element (FLUE) and Future Land Use Map and Map Series; and,
o Golden Gate Area Master Plan (GGAMP) and Future Land Use Map and Map Series.
Nole: Because this hearing is for the sole purpose of considering GMP amendment petitions, the
number of petitions is large (7 total) and the support materials so voluminous, and some exhibits
are oversized, the Novus system is not used. The entire Executive Summary package, including
all support materials, is included in the binders provided to the BCC and is available for review in
the Comprehensive Planning Section office, 2800 North Horseshoe Drive, Naples.
Needs Analvsis
Attached to this Executive Summary is The Florida Senate Interim Report 2010-107, October
2009 titled "Population Need as a Criterion for Changes to a Local Government's Future Land Use
Map." Also attached is a summary of that Report prepared by Comprehensive Planning staff
(Slaff Summary of the Florida Senate Interim Report 2010-107, October 2009). The Report
identifies the necessity of preparing a needs analysis for any GMP amendment proposing to
increase density or use intensity; indicates that such an analysis must be based upon the
supply/demand ratio for the proposed use category (residential, commercial or industrial) _ a
numerical analysis; and, notes that even if the numerical analysis fails to demonstrate need, other
factors may be considered.
FISCAL IMPACT:
There are no fiscal impacts to Collier County as a result of these amendments since final action is
not being taken at this time (these amendments are not being considered for adoption at this
hearing). If approved for transmittal, these amendments will subsequently be considered for
adoption at hearings to be held later in 2010. The cost to process, review and advertise the private
sector petitions is borne by the petitioner via the application fee.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed by the County Attorney's office.
These proposed Growth Management Plan amendments are authorized for consideration by local
government, and subject to the procedures established, in Chapter 163, Part II, Florida Statutes,
The Local Government Comprehensive Planning and Land Development Regulation Act, and by
local Resolution #97-431, as amended.
GROWTH MANAGEMENT IMPACT:
Approval of these proposed amendments by the Board of County Commissioners for Transmittal to
the Florida Department of Community Affairs will commence the Department's sixty-day (60)
review process and ultimately return these amendments to the Planning Commission and the
Board of County Commissioners for final Adoption hearings to be held later in 2010.
ENVIRONMENTAL ISSUES:
All six private sector amendments to the Growth Management Plan would increase allowable
development intensity. For four of those six petitions, no listed plant and/or animal species have
been observed or are known to be on the sites, and those sites do not contain jurisdictional
wetlands. The other two private sector amendments do contain listed plant and/or animal species
and contain jurisdictional wetlands (petitions CP-2008-4 and CP-2009-1). As part of the process of
obtaining subsequent development orders (e.g. rezone and/or conditional use, site development
plan), the sites will be sUbject to all applicable local, state and federal environmental protection
regulations, including applicable portions of the Conservation and Coastal Management Element of
the GMP, and the Land Development Code.
HISTORICALJARCHAEOLOGICAL IMPACT:
None of the six proposed private sector amendments to the GMP contain lands identified on the
County's Historical/Archeological Probability Maps as being in areas of historical or archaeological
probability. As part of the process of obtaining subsequent development orders, the sites will again
be subject to review for historical/archeological probability.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Most Growth Management Plan amendments are not reviewed by the EAC. However, the EAC did
review two petitions on September 2, 2009. Petition CP-2008-4 (located in the Rural Fringe Mixed
Use District Sending Lands designation) was forwarded with a recommendation to transmit to DCA
(vote: 5/0), and petition CP-2009-1 (located in the Conservation designation and within the Big
Cypress Area of Critical Sate Concern) was forwarded with a recommendation to transmit to DCA
subject to staff's text revisions (vote: 3/2).
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COMPREHENSIVE PLANNING STAFF RECOMMENDATION:
Staff's recommendation follows each individual petition listed below. Note: For most petitions,
regardless of staff recommendation, staff prepared text revisions to the petitioner's proposed text
so as to provide clarity, proper format, correct grammar, etc., as noted in the CCPC Staff Reports.
COLLIER COUNTY PLANNING COMMISSION lCCPC) RECOMMENDATION:
The CCPC's recommendation follows each individual petition listed below and is contained in the
attached document titled "CCPC Transmittal Recommendations for 2007-2008 Combined Cycles
Growth Management Plan Amendments." Note: Where the CCPC forwarded a recommendation of
approval, the text in the Resolution Exhibit A reflects the CCPC recommendation. Where the
CCPC forwarded a recommendation of denial, and where a recommendation for approval failed by
virtue of a tie vote, the text in the Resolution Exhibit A reflects the petitioner's proposed text _
including revisions submitted subsequent to the CCPC hearing.
1. PETITION CP-2007-1, Petition requesting an amendment to the Golden Gate Area Master
Plan and Golden Gate Area Master Plan Future Land Use MaD and MaD Series, to create the
Wilson Boulevard Conditional Uses Subdistrict, to allow a maximum of 40,000 square feet of
permitted and conditional uses of the Estates zoning district, for property located on the
southeast corner of Immokalee Road (CR 846) and Wilson Boulevard, in Section 27, Township
48 South, Range 27 East, consisting of :1:5.17 acres. [Coordinator: Corby Schmidt, AICP,
Principal Planner]
Staff Recommendation: That the CCPC forward petition CP-2007-1 to the BCC with a
recommendation not to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: At the CCPC hearing, the petition agent verbally proposed one change
to the amendment: if the CCPC would not support the commercial petition, then requested they
approve the site to be eligible to apply for conditional uses, I.e. be an exception to the locational
criteria for conditional uses. The CCPC recommended the BCC not approve the revised petition
CP-2007-1 for transmittal to the Florida Department of Community Affairs (vote: 8/0).
Speakers: None.
Post-CCPC Action: As submitted to the CCPC, this petition was a request for 40,000 s.f. of
commercial uses allowed in the C-1 through C-3 zoning districts. Subsequent to the CCPC
hearing, the petitioner submitted new subdistrict text to replace the original text to instead request
a maximum of 40,000 square feet of permitted and conditional uses of the E-Estates zoning district;
this new subdistrict text is located behind the tab labeled "Post-CCPC Submittal CP-2007-1" in the
binder containing the original petition as provided to the CCPC and is reflected in the Resolution
Exhibit A for this petition. The petitioner submitted no needs analysis or other data and analysis to
support this modified petition. The staff recommendation not to approve this petition for
Transmittal stands.
2. PETITION CP-2007-3, Petition requesting an amendment to the Golden Gate Area Master Plan
and Golden Gate Area Master Plan Future Land Use MaD and MaD Series, to create the
Mission Subdistrict to allow church and related uses, including schools, adult care and child
care, and community outreach, with a maximum of 90,000 square feet of total development, for
property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades
Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of :1:21.72 acres.
[Coordinator: Beth Yang, AICP, Principal Planner]
3
Staff Recommendation: That the CCPC forward petition CP-2007-3 to the BCC with a
recommendation not to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: At the CCPC hearing, the petitioner proposed changes to the
amendment to remove reference to commercial uses. After discussion regarding what the term
"church-related uses" could encompass, the CCPC recommended the BCC approve the revised
petition CP-2007-3 for transmittal to the Florida Department of Community Affairs (vote: 8/0),
subject to staff determination of the appropriate text - as a proposed new Subdistrict OR as a new
exception to be listed under the existing Conditional Uses Subdistrict in the GGAMP (for
conditional uses (CU) allowed in the E, Estates zoning district). Based upon discussion with
Zoning & Land Development Review staff, it could not be clearly determined that the range of
proposed uses would fall under the "church" use; therefore, one option would be for the petitioner
to submit a Request for Official Interpretation (01). If the 01 process (staff determination or appeal
to BOZA) were to yield an affirmative determination, then the CU exception text would be
appropriate. However, unless and until that occurs, Comprehensive Planning Department staff
believes it best to establish a new Subdistrict to reflect the CCPC recommendation, as set forth in
the attached document titled "CCPC Transmittal Recommendations for 2007-2008 Combined
Cycles Growth Management Plan Amendments."
Speakers: There was one speaker; the speaker was in favor of this petition.
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted a revised cover
letter dated December 1, 2009 that includes revised subdistrict text - which is the same as that
recommended by the CCPC (materials are located behind the tab labeled "Post-CCPC Submittal
CP-2007-3" in the binder containing the original petition as provided to the CCPC). The staff
recommendation not to approve this petition for Transmittal stands.
3. PETITION CP-2008-1, Petition requesting an amendment to the Golden Gate Area Master
Plan and Golden Gate Area Master Plan Future Land Use MaD and MaD Series, to create the
Estates Shopping Center Subdistrict to allow a maximum of 210,000 square feet of commercial
uses of the C-4 zoning district, with exceptions, and some uses of the C-5 zoning district, with
requirement to construct a grocery store, for property located on the north side of Golden Gate
Boulevard extending from Wilson Blvd. west to 3rd Street Northwest, in Section 4, Township 49
South, Range 27 East, consisting of :1:40.62 acres. [Coordinator: Michele Mosca, AICP,
Principal Planner]
Staff Recommendation: That the CCPC forward petition CP-2008-1 to the BCC with a
recommendation not to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: At the CCPC hearing, the petitioner verbally proposed two changes to
the amendment: 1) reduce building height from two stories to one story; and, 2) reduce the
proposed building area from 225,000 square feet to 210,000 square feet. There was no CCPC
recommendation on revised petition CP-2008-1 by virtue of a tie vote (4/4). The failed motion to
approve was subject to staff alternative text in the Staff Report, but revised to: 1) keep the list of
allowable uses #1-27 as proposed by petitioner, but delete #28 [this requires a re-Iettering of
paragraphs]; 2) revise paragraph "a.12" to reflect the correct SIC Code term; 3) revise paragraph
"a." to add a "catchall" prohibited use #14; 4) revise paragraph "b." to reduce the total allowable
building area from 225,000 s.f. to 210,000 S.f., as proposed by the petitioner at the hearing, and to
modify the building floor area term; 5) revise paragraph "c." to recognize the potential for more than
one grocery use; 6) revise paragraph "e.1." pertaining to the timing of right-of-way donation; and, 6)
4
delete paragraph "n." pertaining to common architectural theme. The text that reflects the CCPC's
unsuccessful motion is contained in the attached document titled "CCPC Transmittal
Recommendations for 2007-2008 Combined Cycles Growth Management Plan Amendments."
Speakers: There were nine speakers. Two speakers were in favor of the petition, noting there is a
need and desire for more commercial and that the petitioner has worked to resolve neighborhood
concerns. One of those two speakers represented the First and Third Group, a group of neighbors
near the subject site (1" and 3rd Streets NW); he presented a specific list of permitted and
prohibited uses, with SIC Codes, the Group endorsed. Seven speakers were opposed to the
petition, citing these concerns: project will increase traffic; there are adequate shopping
opportunities in or near Golden Gate Estates (GGE); negative impacts during project construction;
commercial should not be located in the interior of GGE; project will attract undesirable animals
(rats, then snakes that eat rats); not consistent with GGAMP allowance for commercial and
maintenance of rural character; questions whether there's enough population in GGE to support
this amount of commercial; will disrupt the tranquility, quiet, nature and [nighttime] darkness the
speakers moved to GGE to enjoy.
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted revised proposed
subdistrict text and conceptual map to reduce building area from 225,000 s.f. to 210,000 s.f.;
increase landscape buffers; and, increase building setbacks. Also, the petitioner submitted
additional data and analysis. All new/revised materials are located behind the tab labeled "Post-
CCPC Submittal CP-2008-1" in the binder containing the original petition as provided to the CCPC.
Aiso, this revised subdistrict text and map comprise the Resolution Exhibit A for this petition.
In response to The Florida Senate Interim Report 2010-107, dated October 2009 (previously
referenced and attached to this Executive Summary), the applicant submitted data and analysis to
address policy factors to demonstrate the "need" for the proposed Growth Management Plan
amendment; and, submitted additional data and analysis to further address 2008 Legislation, HB
697, which pertains to energy conservation and efficiency.
As to HB 697, based on the applicant's information provided, staff is able to conclude that the
project would likely reduce vehicle trips traveled by providing commercial and employment
opportunities proximate to area residents. Regarding the "needs" analysis, the applicant identified
"other policy factors," such as "job creation," and, provided "community input/surveys" in support of
the proposed development. These additional factors may be considered by the Board of County
Commissioners in assessing the "non-numerical" commercial need for the proposed Growth
Management Plan amendment. Staff is still reviewing and evaluating the "needs" analysis and will
provide additional comments to the Board at the hearing.
The staff recommendation not to approve this petition for Transmittal stands. However, attached
is the staff alternative to the petitioner's text (Staff Alternative Text for Petition CP-2008-1) which
reflects revisions for purpose of proper formatting, clarity, conciseness, use of proper ordinance
language, etc.
4. PETITION CP-2008-2, Petition requesting an amendment to the Golden Gate Area Master Plan
and Golden Gate Area Master Plan Future Land Use MaD and MaD Series, to expand and
modify the Randall Boulevard Commercial Subdistrict to allow an additional 370,950 square
feet of commercial uses of the C-4 zoning district, with exceptions, for property located on the
south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the
west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South,
5
Range 27 East, consisting of :1:56.5 acres. [Coordinator: Michele Mosca, AICP, Principal
Planner]
Staff Recommendation: That the CCPC forward petition CP-2008-2 to the BCC with a
recommendation .!lQ!.to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: At the CCPC hearing, the petitioner proposed changes to the
amendment to: 1) reduce the proposed total allowable building area from 431,950 square feet to
411,950 square feet; 2) increase the proposed building area on the tract containing the Randall
Boulevard Center PUD from 21,000 square feet to 31,000 square feet. The petitioner also
provided some additional data and analysis at the CCPC hearing. The CCPC recommended the
BCC approve revised petition CP-2008-2 for transmittal to the Florida Department of Community
Affairs (vote: 6/2), subject to the staff alternative text in the Staff Report, as revised regarding: 1)
allowable square feet figures; 2) the C-4 zoning district reference; and, 3) discontinuance of the Big
Corkscrew Island Fire Station and Florida Division of Forestry fire tower. The text that reflects the
CCPC's recommendation is contained in the attached document titled "CCPC Transmittal
Recommendations for 2007-2008 Combined Cycles Growth Management Plan Amendments:'
Speakers: There were two speakers. One speaker was in favor of the petition. One speaker
Elxpressed concern about the public notice process stating some nearby residents did not receive
notice.
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted additional data
and analysis (new materials are located behind the tab labeled "Post-CCPC Submittal CP-2008-2"
in the binder containing the original petition as provided to the CCPC). In response to The Florida
Senate Interim Report 2010-107, dated October 2009 (previously referenced and attached to this
Executive Summary), the applicant submitted data and analysis to address the referenced 1.25
commercial market factor and other policy factors to demonstrate the "need" for the proposed
Growth Management Plan amendment; and, submitted additional data and analysis to further
address 2008 Legislation, HB 697, which pertains to energy conservation and efficiency.
As to HB 697, the applicant's analysis and conclusions reached primarily focused on a grocery use
as part of the development proposal. However, it should be noted that the Subdistrict text only
allows for grocery store use - the lext does not require development of a grocery store. Based on
the applicant's information provided, staff is able to conclude that the project, with grocery use,
would likely reduce vehicle trips traveled by providing commercial and employment opportunities
proximate to area residents. Regarding the "needs" analysis, the applicant provided an analysis of
the 1.25 commercial market factor. However, the analysis was based on a 25 percent increase in
the Market Area population (primary and secondary areas) rather than a calculation of the supply
to demand ratio, and was out to year 2060 rather than for the 10-year planning horizon adopted
within the Comprehensive Plan. Additionally, the applicant identified "other policy factors," such as
"job creation," and provided "public benefit commitments" to support the proposed development.
These additional factors may be considered by the Board of County Commissioners in assessing
the "non-numerical" commercial need for the proposed Growth Management Plan amendment if
the market factor is higher than 1.25. Staff is still reviewing and evaluating the "needs" analysis
and will provide additional comments to the Board at the hearing. The staff recommendation D.Q! to
approve this petition for Transmittal stands.
5. PETITION NO. CP-2008-4, Petition requesting an amendment to the Future Land Use Element
and Future Land Use MaD and MaD Series, to re-designate from Rural Fringe Mixed-Use
District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides
6
of Washbum Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27
East, consisting of :1:28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CP-2008-4 to the BCC with a
recommendation to approve for transmittal to the Florida Department of Community Affairs, subject
to reservation of 130 feet along the southern boundary of the site for future right-of-way.
CCPC Recommendation: That the BCC approve petition CP-2008-4 for transmittal to the Florida
Department of Community Affairs (vote: 8/0), per staff's recommendation, and with requirement
that the petitioner is to submit to staff prior to the BCC Transmittal hearing data and analysis
regarding HB 697 (pertaining to greenhouse gas emissions. lowering vehicle miles traveled, etc.).
Speakers: None.
Post-CCPC Action: Subsequent to the CCPC hearing, and pursuant to their recommendation, the
petitioner submitted new data and analysis to address HB 697 (materials are located behind the
tab labeled "Post-CCPC Submittal CP-2008-4" in the binder containing the original petition as
provided to the CCPC). Staff has reviewed and evaluated the post-CCPC submittal and finds it to
be satisfactory.
6. PETITION NO. CPSP-2008-7, Staff Petition requesting an amendment to the Future Land Use
Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP.
[Coordinator: David Weeks, AICP, Planning Manager]
Staff Recommendation: That the CCPC forward petition CPSP-2008-7 to the BCC with a
recommendation to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: That the BCC approve petition CPSP-2008-7 for transmittal to the
Florida Department of Community Affairs (vote: 8/0).
Speakers: None.
7. PETITION NO. CP-2009-1, Petition requesting an amendment to the Future Land Use Element
and Future Land Use MaD and MaD Series (FLUElFLUM), to create the Dade-Collier Cypress
Recreation Area District within the Conservation Designation, for property located along the
Miami-Dade/Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34
East, consisting of 1,608:1: acres. [Coordinator: Thomas Greenwood, AICP, Principal Planner]
Staff Recommendation: That the CCPC forward petition CP-2009-1 to the BCC with a
recommendation not to approve for transmittal to the Florida Department of Community Affairs.
CCPC Recommendation: There was no CCPC recommendation on petition CP-2009-1 by virtue
of a tie vote (4/4). The failed motion to approve was subject to staff alternative text in the Staff
Report, as revised in two places regarding lake edge littoral zone requirement. The text that
reflects the CCPC's unsuccessful motion is contained in the attached document titled "CCPC
Transmittal Recommendations for 2007-2008 Combined Cycles Growth Management Plan
Amendments."
Speakers: None.
7
Post-CCPC Action: Subsequent to the CCPC hearing, the petitioner submitted additional data
and analysis (new materials are located behind the tab labeled "Post-CCPC Submittal CP-2009-1"
in the binder containing the original petition as provided to the CCPC). Staff is still reviewing and
evaluating the post-CCPC submittal.
As a follow-up to CCPC discussion regarding emergency response capability to the site and
impacts upon adopted Level of Service Standards, Comprehensive Planning staff solicited input
from the Bureau of Emergency Services (BES) Director. Attached is a memo dated November 9,
2009 from the BES Director addressing these concerns and offering stipulations for consideration.
Though these stipulations are appropriate to include during subsequent development order
approval, not within the GMP as part of this amendment, they are helpful in alerting the petitioner
to the County's concerns and position.
STAFF RECOMMENDATION:
Staff recommendations for the 2007-2008 combined cycles of Growth Management Plan
amendments, including one 2009 cycle petition, are as reflected above following each petition.
CCPC RECOMMENDATION:
The Collier County Planning Commission held their required public hearing on October 19, 20 and
29, 2009, and November 19, 2009. The CCPC forwarded the 2007-2008 combined cycles of
Growth Management Plan amendments, including one 2009 cycle petition, to the Board of County
Commissioners with recommendations as reflected above following each petition and as contained
in the attached document titled "CCPC Transmittal Recommendations for 2007-2008 Combined
Cycles Growth Management Plan Amendments."
PREPARED BY:
DAVID WEEKS, AICP, GMP MANAGER
COMPREHENSIVE PLANNING SECTION
r~ '1
.1::) ~~ LJ--L-.
DATE:
! - 7- 10
REVIEWED BY:
~/~
DATE: I,') tQ
MICHAEL BaSI, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING SECTION
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REVIEWED BY: M~.... ~ \ ~ DATE: "".",-,0
W L1AM LORE ,P.E., di~TOR
ENGINEERING & ENVIRONMENTAL SERVICES DEPARTMENT
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APPROVED BY: / ..'" c"';;'<,,., DATE: i
NICK CASALANG'u/6A:,INlERIM ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
EX SUM Transmittal 2007-2008 combined Cycle GMPAs
G:\Comprehensive\COMP. PLANNING GMP DATA\Comp. Plan Amendments\2007.2008 Combined Cycle Petitions
dw/11.3-09 -1/7110
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Staff Summary of the Florida Senate Interim Report 2010-107, October 2009
Subsequent to preparation of the CCPC Staff Reports for the 2007/2008 combined cycles of
Growth Management Plan amendment petitions, Collier County was provided the October 2009 Florida
Senate Interim Report 2010-107 entitled "POPULATION NEED AS A CRITERIA FOR CHANGES TO A LOCAL
GOVERNMENT'S FUTURE LAND USE MAP." In addition to the Interim Report, a draft rule to amend the
Florida Administrative Code was provided.
The Interim Report identified a primary issue of a "Needs Assessment" in determining whether a
comprehensive plan amendment as submitted by a local government provides more land than is needed
to accommodate anticipated population growth. Populatian grawth is utilized in the can text of
projected population during the 5 and 10 year planning time horizons.
The genesis for the Interim Report was a land use decision in Marion County where the
Governor and Cabinet upheld a decision of an administrative law judge (AU) that a proposed
comprehensive plan amendment would, if adopted, allow more than five times the residential units
needed in Marion County's 10 year planning horizon. The finding of the AU was that the applicant's
methodology was not professionally acceptable because it did not demonstrate the need within the
adopted planning time horizon.
The Report identified several proposed comprehensive plan amendments that were found not
in compliance based upon needs criteria, that is, because need was not demonstrated by the applicant.
However, the Report also identifies some instances where comprehensive plan amendments were
found in compliance despite failing to meet the needs assessment criteria; more about this later in this
summary. One amendment highlighted in the Report not meeting the needs assessment involved the
re-designation of land for industrial development in Putnam County; another such amendment was for
the creation of the Clear Springs Sector Plan that re-designated 17,000+ acres to allow uses that
included over 11,000 dwelling units, 6.8 million square feet of Research/Corporate Park /Commercial,
and 21.8 million square feet of Industrial uses.
The needs analysis is a useful planning tool to ascertain whether a proposed plan amendment
will result in a local government's over-allocation of land in a specific land use category. One of the
biggest problems identified with the over-allocation of certain land uses is urban sprawl, which causes
increased infrastructure costs, a depleted urban core, and the premature development of agriculturai
lands and natural areas.
The needs analysis explained in the Interim Report includes a market factor, planning time
horizon, and population projections. As previously noted, the planning horizon for Collier County is
presently out to 10 years (2020). The County utilizes medium range population projections as provided
annually by the University of Florida's Bureau of Economic and Business Research. The market factor is
a numerical tool used to determine the amount of land use supply needed to accommodate anticipated
growth. The Florida Department of Community Affairs (DCA) uses a market factor of 1.2S, or 25 percent
greater than the anticipated need of land use supply necessary for the population projected in the [10
year] planning time horizon. The additional 25% is designed to allow for market flexibility.
Market factor is calculated by dividing the supply of land use by the demand for that land use.
The supply could be dwelling unit capacity (all built units plus all units allowed based on existing zoning
and future land use designation), commercial capacity (all built commercial square feet plus all
1
commercial square feet allowed based on existing zoning and future land use designation [land
converted to building square feet]), or industrial capacity (all built industrial square feet plus all
industrial square feet aliowed based on existing zoning and future land use designation [land converted
to building square feet]). The demand could be dwelling unit demand, commercial square feet demand,
or industrial square feet demand - all based upon population projections within the 10-year planning
horizon.
Below are fictitious examples of commercial market factors for three different GMP
amendments within three different geographic areas, all at the 10-year planning horizon:
1) supply of 1.25 million SF/demand for 1 million SF = market factor of 1.25 (supply = 125% of demand)
2) supply of 950,000 SF/demand for 800,000 SF = market factor of 1.19 (supply = 119% of demand)
3) supply of 1.5 million SF/demand for 1 million SF = market factor of 1.50 (supply = 150% of demand)
In the above examples, based on market factor considerations only, there is a demonstrated
need for the first two amendments as the market factor is at or below 1.25, but there is no
demonstrated need for the third amendment as the market factor exceeds the recommended 1.25.
The Interim Report also notes that the numerical needs assessment (market factor), while a
significant factor in determining need, is not the only consideration. Case law indicates commercial or
industrial land use need may also be demonstrated by other factors such as suitability of the property
for change, locational criteria, and community desires. In the Report's Findings and/or Conclusions
section, it states:
The needs assessment is a fundamental part of land use planning. Specifically, the
numerical needs assessment is a useful tool to determine whether the amendment will
cause an area to become over-allocated or exacerbate existing over-allocation. It is also a
key indicator of urban sprawl. However, the numerical needs assessment is only one
factor to consider when conducting a needs assessment. It is also important to consider
other policy factors such as job creation potential, urban infill, form of development, or
the promotion of development in areas where it is most efficient for the local government
to promote growth."
When the numerical needs assessment exceeds the 1.25 market factor, the above additional
factors should be addressed, with specificity, in the proposed GMP amendment petition as part of the
data and analysis. The local government can then consider whether the overall needs assessment for a
certain land use supersedes the numerical needs assessment and, if so, would need to cite with
specificity the policy factors that were relied upon in making that determination. During the Transmittal
stage, DCA would make a determination in its Objections, Recommendations and Comments Report as
to whether the policy factors articulated provide the rational nexus to exceed the 1.25 market factor;
during the Adoption stage, DCA would do that as part of its determination of compliance with state iaw.
GMPA Needs Assessment for ExSum 07-08 combined cycles
G:\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2007-2008 Combined Cycle Petitions
rc-mm-dw12-23-09& 1.7-10
2
The Florida Senate
Interim Report 2010-107
October 2009
Committee on Community Affairs
POPULA nON NEED AS A CRITERIA FOR CHANGES TO A LOCAL GOVERNMENT'S
FUTURE LAND USE MAP
Issue Description
Needs Assessment
In the growth management regime, a "needs assessment" is a determination of whether a comprehensive plan
amendment submitted by a local government provides more land in a specific land use than is needed to
accommodate anticipated population growth. When reviewing comprehensive plan amendments the Department
of Community Affairs ("DCA" or "the Department") reviews all residential, commercial, industrial, and
institutional amendments for need; the exceptions are rural, agriculture, and conservation uses.
The purpose of this interim report is to outline the current controversy surrounding the needs issue and to explain
the potential effects of changing the existing policy. Currently, many of Florida's local governments already have
enough growth planned in their future land use maps to last for the next several decadesl (this is also known as
over-allocation). Because a local government should only allow land use density increases when there is a need
for additional density, it can be unclear when and how a local government can amend its comprehensive plan if
the plan is already over-allocated. Additionally, with the housing market collapse causing thousands of homes to
go into foreclosure, many Florida citizens have become concerned that the Department has allowed more
development than is needed for future growth. Alternatively, those in favor of development, claim that
Department has not been consistently applying the needs criteria in their review of comprehensive plan
amendments.
Finally, the time horizons for some local governments' comprehensive plans are relatively short. This is
frequently caused by local governments failing to consistently update their plans. The problem with short term
horizons is that it may be detrimental to reject thoughtful long term developments in favor of short-range, short-
term projects simply because the local government has failed to plan far enough in advance. Other local
governments have made long term extensions to their planning time horizons. Unfortunately, some attempts at
long term planning make projections so far into the future that the data and analysis is no longer accurate enough
to be considered professionally acceptable methodology.
Background
Adopted by the 1985 Legislature, the Local Government Comprehensive Planning and Land Development
Regulation Act'- also known as Florida's Growth Management Act - requires all of Florida's 67 counties and 410
municipalities to adopt Local Government Comprehensive Plans that guide future growth and development.
Comprehensive plans contain chapters or "elements" that address future land use, housing, transportation,
infrastructure, coastal management, conservation, recreation and open space, intergovernmental coordination, and
capital improvements. As part of each adopted comprehensive plan each local government must also adopt a
Future Land Use Map ("FLUM")3 The FLUM puts each parcel in the jurisdiction into a designated land use
category; therefore, when a developer or landowner makes an application to change their designated land use they
1 In a survey of nine Florida Counties conducted by the Department, the Department found there was between 27 and 993
years of growth that has been approved beyond the Counties' adopted planning horizons.
2 See Chapter 163, Part 11, F.S.
] Section 163.3177(6)(a), F.S.
Page 2
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
are applying for a FLUM amendment. Assuming the local government votes to transmit the plan amendment to
tbe Department, tbe Department tben reviews the amendment for consistency with tbe comprebensive plan. Each
future land use plan amendment is required to be based upon surveys, studies, and data regarding tbe area,
including tbe projected population of the area'
\\-'hen adopting comprehensive plan amendments, local govemments must ensure that each land use category is
allocated the proper amount of land. If the local government fails to make a proper allocation, it can run into
problems of over-allocation and under-allocation.
Over-allocation occurs where comprehensive plan amendments are approved where there is no demonstrated
nced. The biggest problem caused by over-allocation is urban sprawl. Urban sprawl occurs because there is a lack
of constraints on where development occurs. When there are no constraints on development, developers will often
dcvelop land which is not contiguous to existing development. This causes increased infrastructure costs, depleted
urban cores, and the premature development of agricultural lands and natural areas. Furthermore, once this land
has been allocated for higher densities it is extremely difficult to reverse because vested property rights and the
Bert Harris Act protect private property rights.' Although transferable development rights ("TDR's") are
frequently suggested as a solution to over-allocation, TDR programs are often very difficult to implement and
monitor consistently.
Under-allocation occurs when there is not enough land in a land use category, in a specific area, to accommodate
demand. If there is a higher demand for land than what is available to build, land prices will increase and
development costs will go up. Location problems can also occur because under-allocation may limit a developer's
options on where to build a new development. Finally, because development is a job creator, under-allocation has
tbe potential to stifle economic growth. Because of the clear problems associated with under-allocation, local
governments have a tendency to over-allocate.
Without thoughtful planning, Florida runs the risk of revisiting problems such as the platted lands problem. The
platted lands problem is a problem where thousands of plats were sold in areas that lacked proper infrastructure.
This resulted in underserved and blighted areas that are difficult or even impossible to revitalize or rezone. Once
all area is given a certain land use designation or density, it is difficult to change or decrease the intensity of the
zoning without interfering with private property rights.
How Need is Determined
The needs assessment is a part of the land use planning process that provides a mechanism for local governments
to determine the appropriate supply of land uses necessary to accommodate anticipated demand. This is
particularly true because the "need" issue is one of the factors to be considered in any urban sprawl analysis.'
Therefore, it is important for landowners, developers, and local governments to have a clear understanding of how
need is determined so that each entity understands how need factors into the Department's comprehensive plan
amendment compliance decisions. Because of the high risks and costs associated with development, landowners
and developers want certainty before they invest their time and money in applying for a land use plan amendment.
Currently, every large scale future land use map amendment to a comprehensive plan is reviewed, by both the
local government and Department, to determine if there is a need for the amendment.' To determine need, the
reviewer must analyze: the categories of land use and their densities or intensities of use, the estimated gross
acreage needed by category, and a description of the methodology used.' This methodology is then submitted to
the Department for review with the proposed comprehensive plan amendment. When reviewing this methodology,
the Department reviews both the numerical population and policy factors.
'SectioIl163.3177(6)(a), F.S.
s Section 70.001(1), F.S.
6 Rule 9J-5.006(5)(g)1 FAC.
7 Rule 9J-5.006(2)(c), FAC.
'Rule 9J-5.006(2)(c), F.A.C. For an example of how the methodolgy is analyzed, see page 5.
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Page 3
Information for Calculating Needs Methodology
In addition to the basic outline provided above for calculating need, there are several components of the
methodology that need additional explanation.
Market Factor
Residential: A market factor (also known as an allocation number or multiplier) is a numerical tool used by
professional planners to determine the amount of land use supply needed to accommodate anticipated growth:
For residential land, a market factor is calculated by dividing the amount of dwelling unit capacity by the amount
of dwelling unit demand. '0 The Department recommends a market factor of 1.25 which means a plan allows for
land uses to support 125% of the projected population. II The additional 25% is designed to allow for market
flexibility. Therefore, if the proposed residential land use amendment causes the market factor to go above 1.25,
the Department can find an amendment "not in compliance" because of a lack of need. However, there is no
statute or rule that mandates that every plan amendment must be denied where there is an over-allocation. Rather,
if the market factor goes above 1.25 it will cause the plan amendment to be subject to a heightened review to see
ifit meets the indicators of urban sprawl."
CommerciallIndustrial: Similar to residential, examining the market factor for commercial and industrial lands
is a significant factor in determining need. However, case law has indicated that the need for additional
commercial or industrial land may also be demonstrated by other factors such as the suitability of the property for
change, locational criteria, and community desires.13 For industrial land use changes, rural communities are also
provided a special exception. Section 163.31 77(6)(a) F.S., states that "the amount ofland designated for future
planned industrial use should be based on surveys and studies that reflect the need for job creation, capital
in vestment, and the necessity to strengthen and diversifY the local economies and should not be limited solely by
the projected population of the rural community."
Planning Time Horizon
The Florida Growth Management Act of 1985 requires each local government comprehensive plan to include at
least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and One
covering at least a ten-year period.14 In planning for the amount of land needed for a particular land use, the local
government must analyze it within the adopted planning time horizon applicable to that portion of the
comprehensive plan. Other local governments have also adopted a third planning time horizon for longer range
planning. These longer range planning time horizons have been extended out as far as 40 years, and DCA has
approved comprehensive plan amendments that have incorporated these longer term planning time horizons."
Population Projections
A key component of the needs issue are population projections. In 1986, rulemaking required comprehensive
plans to be based on resident and seasonal population estimates provided by the University of Florida, Bureau of
Economic and Business Research, the Executive Office of the Governor, or generated by the local government. 16
If the local government chooses to base its plan On the figures provided by the University of Florida or the
Executive Office of the Governor, medium range projections should be utilized," If the local government chooses
to base its plan on either low or high range projections provided by the University of Florida or the Executive
9 The Role of Need in Comprehensive Planning, Department of Community Affairs Presentation, June 26, 2009.
lOId.
lild.
"Sierra Club v. St. Johns County & DCA, DOAH 01-1851GM (May 20,2002).
13 O'Connell v. Martin County, DOAH 01-4826GM (Oct. 16,2002).
14 Section 163.3177(5)(a), F.S.
15 "There is not a prohibition against analyzing more time frames than just one planning horizon." Sierra Club & Panhandle
Citizens v. DCA and Franklin County, DOAH 05-2731GM (June 12,2006).
16 Rule 9J-5.005(2)(e), F.A.C.
17/d.
Page 4
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Office of the Governor, a detailed description of the rationale for such a choice shall be included with such
projections18
Alternative Methodologies (for Population Projections)
If a local government chooses to prepare its own estimates and projections, it is required to submit estimates and
projections and a description of the methodologies utilized to generate the projections and estimates to the
Department of Community Affairs with its plan amendments for compliance review, unless it has submitted them
for advance review. The Department will evaluate the alternative methodology to determine whether the
methodology is professionally accepted. In addition, the Department is required to make available examples of
methodologies for resident and seasonal population estimates and projections that it deems to be professionally
acceptable. Finally, in its review of any population estimates, projections, or methodologies proposed by local
governments, DCA must be guided by the Executive Office of the Governor, in particular the State Data Center19
Example of Methodology Review
When conducting a needs methodology review, a professional planner should divide the amount of dwelling unit
capacity by the amount of dwelling unit demand to calculate the market factor. Dwelling unit demand is
calculated by examining the projected population for the jurisdiction over the adopted planning time horizon. If
there is not enough dwelling unit capacity to meet demand then a market factor will be too low and there is a
demonstrated need for the plan amendment. Policy reasons for adopting amendments should also be included in
this methodology.
How the Needs Criteria Has Been Reviewed in the Past
Residential: In the early 1990's, during the initial phase of the adoption of comprehensive plans, the Department
found several comprehensive plans "not in compliance" because the plans allocated more land than was needed
for residential land use. For example, in 1992 during the adoption of Escambia County's comprehensive plan the
Department found the plan "not in compliance" because the plan allocated 5 times more residential land than was
needed.20 Walton and Lee County also had their plans found not in compliance because they allocated more
residential land than was needed, i.e. their market factors were too high21 Since the early 1990's, however, the
Department has typically found comprehensive plan amendments to be in compliance in regards to need, as long
as the data and analysis was calculated using professional planning methodologies. For example, in 1994, an
administrative law judge ("AU") upheld the Department's decision finding a comprehensive plan amendment "in
compliance" where the data and analysis was "calculated using acceptable professional planning
methodologies."" The AU also based his decision on the fact that this plan was similar to other counties found
acceptable by the Department."
Commercial/Industrial: Because of the importance of commercial and industrial lands for job creation, the
Department and the courts have typically found that need may be demonstrated by factors other than simple
numerical need." For example, in 2003, a Putnam County commercial land use amendment was challenged by a
neighboring landowner because there was no demonstrated numerical need." Here, the Department had approved
the amendment and the AU upheld the decision. The AU stated that "an amendment does not have to be found to
be not in compliance simply because of a numerical over allocation,,,26 rather the presence of an over-allocation
181d.
19 Rule 9J-5.005(2)(e), FAC.
20 DCA v. Escambia County, DOAH 90-7663GM (Feb. 19, 1992).
21 DCA et 01., v. Walton County, DOAH 91-001080GM (Apr. 13, 1992). Sheridan v. Lee County & DCA, DOAH 90-7791GM
(Jan. 27, 1993).
"DCA v. Lake County, DOAH 91-5960GM (Aug. 10,1994).
231d.
24 These factors include the suitability of the property for change, Ioeational criteria, and community desires. O'Connell v.
kfartin County, DOAH 01-4826GM (Oct. 16,2002).
25 Parsons v. Putnam County, DOAH 02-1069GM (May 5, 2003).
261d. at 14 citing Sierra Club v. St. Johns County & DCA, DOAH 01-1851GM (May 20,2002).
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Page 5
will trigger a heightened, more thorough review of the indicators of urban sprawl and other factors may outweigh
the numerical over-allocation."
Current Needs Criteria Review
Recently, the Department has been finding certain land use amendments in compliance despite the numerical
needs criteria; however, the Department has also found several amendments not in compliance based on the needs
criteria.
Land Use Amendments Allowed Despite the Needs Criteria
Although the Department has denied some projects based on need, it has been approving some large scale land
use amendments despite the needs criteria. For example, in November 2008, DCA approved the Clear Springs
Sector plan.28 Previously this site, which totals 17,466 acres, had a land use designation of Agriculture at one
dwelling unit per five acres. This would have allowed the owner to build 3,241 dwelling units. The site has now
been approved to build 11,016 dwelling units at up to 20 units/acre, 6.8 million square feet of Research/Corporate
Park/Commercial, 21.8 million square feet of Industrial, and still contain 4,093 acres Agriculture, and 5,597 acres
ConservationlWetlands/Water Resources. Also, in a recent case in Putnam County, where the petitioners
contended the amendment designated additional acreage for industrial uses in excess of demonstrated need,
the Department found the amendment in compliance.'9 The Department's decision was based on the
County's designation as a Rural Area of Critical Economic Concern30 This decision was also recently
upheld by an ALJ.31 Finally, the Knight property in Bay County is also currently in the process of negotiating
with the Department to be approved as a sector plan.
The Department overall has also approved a large number of comprehensive plan amendments. In 2008 alone, the
Department approved 559 amendments which could allow up to 195,427 new dwelling units and almost 200
million square feet of non-residential development. See Table below for more detailed information.
Department's Approved Future Land Use Map Amendments, 2008
Types and Numbers of
Numbers of
Approvals of
Residential
Development
Capacity
Approvals of
Non-Residential
Development
Capacity
Jurisdictions Amendments Acres Affected IDwellina Unitsl Isa.ft.l
Rural Counties' (14) 50 13,630 17.422 16,404,881
Rural Municipalities' (12) 23 ,666 130,321 1,842,984
Non-Rural Counties (26) 200 6,427 6,108 72,419.398
Non-Rural Municipalities (76) 286 6,607 41.576 108,011,606
TOTALS
559
150,330
195,427
198,678,869
I. Rural counties include those designated as Rural Areas of Critical Economic concern (RACEC) andlor Rural Economic
Development Initiative (RED!).
2. Rural municipalities include those incorporated jurisdictions that are within RACEC counties as well as those that are
individually designated as either RACEC or REDI.
27 Sierra Club v. St. Johns County &DCA, DOAH 01-1851GM (May 20, 2002).
2~ For more information on Sector Plans, see page 7.
29 County of Valusia, et al. v. DCA and Putnam County, DOAH 07-5107GM (Sept. 22,2009).
301d.
311d.
Page 6
Population Need as a Criteria for Changes to a Loeal Government's Future Land Use Map
Land Use Amendments Denied Based on the Needs Criteria
Residential/Commercial/Industrial: Recently, the Department has found several comprehensive plan
amendments "not in compliance" due to a lack of demonstrated need. Specifically, these amendments have not
been able to demonstrate a numerical population need. In some of the cases the communities have failed to update
the planning time horizons in their comprehensive plans. Because the Department's position is that the need for a
plan amendment must be reviewed in conjunction with the planning time horizon adopted in the comprehensive
plan, several proposed plan amendments have not been able to demonstrate need. However, because of the time
and expense associated with updating comprehensive plans, many local governments have had difficulty keeping
their plans up to date. In response, the Department has allowed some communities to adopt longer range planning
time horizons and multiple time horizons.32
Marion County Case: The highest profile case where a land use amendment was rejected because of the needs
issue was the case of Wood, & Recio v. Marion County & DCA, which was recently considered by the Governor and
Cabinet.33 In this case, a developer wanted to change the land use on 400 acres from Rural Land and Urban
Reserve to Residential Medium Density, to build 800 new homes. Although the Department originally found the
amendment in compliance, they later determined they failed to conduct a needs assessment on the proposed
amendment. Therefore, when the case went before an AU, the Department changed its position and argued that
the amendment should not be allowed because the methodology used was unprofessional in regards to its
demonstration of need.
To properly demonstrate need, an applicant must provide data and analysis showing there is a need for more
development, in this case residential dwelling units, within the local government's adopted planning horizon. The
Department discourages methodologies that plan for growth beyond the adopted planning time horizon in part
because of the potential for urban sprawl. Even if Marion County's adopted planning horizon had extended out to
2015,34 the applicant's data and analysis showed that if the amendment was allowed the plan would allow 5 times
more residential dwelling units than were needed to accommodate projected population. The AU sided with the
Department, finding the applicant's methodology unprofessional because it did not demonstrate need within the
adopted planning time horizon. The Governor and Cabinet upheld the findings of the AU."
There are several issues highlighted by this case that are of concern to the development community. First, they
argue that the strict needs assessment used in this case and the finding that the methodology was not
professionally acceptable was a new non-rule policy, inconsistent with prior DCA policy. Second, the time
horizon of the Marion County comprehensive plan was 2010. If population projections are limited by the very
short time horizon in the comprehensive plan, planning changes that rely on future population projections will be
unable to go forward until the comprehensive plan is updated in its entirety. Third, many jurisdictions are over-
allocated, meaning there are currently more dwelling units approved within their adopted planning time horizon
than population projections indicate will be needed. As a result, if need alone can defeat a plan amendment, a
local government will not be able to approve any land use amendment that increases the number of residential
dwelling units until population projections are revised or a new planning time horizon is adopted.
Charlotte County: The Department found an amendment expanding the Urban Service Area by 214 acres and
increasing density and intensity of development in this area not in compliance because the methodology presented
was not professionally accepted. Therefore, the Department found there was no demonstrated need for the
amendment. 36
Washington County: The Department found an amendment changing 876 acres from Agriculture to Mixed Use
Planned Unit Development not in compliance because the residential needs analysis was not professionally
32 Sierra Club & Panhandle Citizens v. DCA and Franklin County, DOAH 05-2731 GM (June 12,2006).
3J Woods & Recio v. Marion Caunty & DCA, DOAH 08-1576GM (Feb. 4, 2009).
34Marion County's adopted planning time horizon was 2010; the submitted methodology used a planning time frame of 44
y(.~ars. DCA used a six year planning time horizon of 20 15 for their analysis; this planning time horizon was purely
theoretical and only used for legal argument. Woods & Recio v. Marion Caunty & DCA, DOAH 08-1576GM (Feb. 4, 2009).
J5 Woods & Recio v. Marion Caunty & DCA, Administration Commission (Sept. 4, 2009).
36 Charlotte County Amendment 09-1
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Page 7
acceptable. Although there was a need for an additional 1,058 dwelling units for 2010, the amendment had the
potential to create 7,359 new dwelling units.37
Miami-Dade County: A 2009 amendment expanding the urban service area and changing the land use from
Agriculture to Commercial was found not in compliance because the methodology was not professionally
accepted and "there is no need for more commercial land in the area of the proposed Lowes site."" The area of
the Lowe's site had a projected ratio of 11.3 acres of commercial per 1000 persons, while the countywide ratio
was projected to be 6.1 acres per 1000 persons.
Alternative Planning Modes
Because large rural tracts are typically not located in areas where a need can be shown for more residential,
commercial, or industrial lands, the Legislature has created programs to allow some development in rural areas.
These programs are known as Optional Sector Planning and the Rural Land Stewardship Program. Additionally,
in 2004, the Legislature created the Ave Maria Stewardship District and the Big Cypress Stewardship District as
independent special districts. These districts have independent governing bodies, and have been designed to work
in concert with the rural land stewardship program in Collier County.
Optional Sector Planning
In 1998, the Legislature permitted the creation of five optional sector plans as an alternative to the Development
of Regional Impact process." A sector plan process consists of an agreement authorizing the preparation of a
sector plan between the county and Department, a conceptual long-term build-out overlay, and a detailed specific
area plan. Sector plans emphasize urban form, public participation throughout the process, protection of regional
resources and facilities and apply to areas greater than 5,000 acres. A sector plan is adopted as a comprehensive
plan amendment and similarly reviewed by the Department for consistency. There are currently three sector plans
in existence (West Bay Area Sector Plan, Orange County Sector Plan, Brennan Field Sector Plan), a fourth was
recently designated (Clear Springs Sector Plan) and a fifth will likely be officially designated in the near future.
Rural Land Stewardship
In 2001, the Legislature established the Rural Land Stewardship Area Program ("RLSAP") as a pilot program.40
This program allowed counties to designate rural land stewardship areas, within areas that are classified on a
future land use map as agricultural, rural, open, or a substantively equivalent land use. Within these areas,
planning and economic incentives can encourage the implementation of flexible planning and development
strategies to increase densities in some locations while permanently preserving land in other areas. After several
legislative changes, in 2006 the Department received its first RLSAP amendments from St. Lucie County (Collier
County had also adopted a similar rural land stewardship program, however it was not adopted under the RLSAP
statute)4l After initially finding the St. Lucie County amendments in compliance in 2006, the Department
undertook a second look at them in 2007 when it drafted its annual RLSAP report for the Legislature. During this
review the Department found several shortcomings in the amendments42
Specifically, the Department found:
. The St. Lucie County program was extremely complex.
. In Collier County, where development was actually happening, the development was being directed to
agricultural areas which the Department contends contravenes the principles of rural sustainability.
. The program did not have any requirements that the receiving area be clustered, thus allowing for the
possibility of scattered sprawling receiving areas.
J7 DCA v. Washington County, DOAH 07-0609GM (June 26, 2009).
38 DCA v. Miami-Dade Caunty & David Brown, DOAH 08-3614GM (May II, 2009).
39 Section 163.3245, F.S.
40 Section 163.3177 (11 )(d), F.S.
4l Florida Chamber of Commerce, et al. v. DCA, DOAH 09-3488RP (Sept. 14,2009).
421d.
Page 8
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Due to these shortcomings, the Department has placed little, if any, reliance on the St. Lucie County RLSAP
amendments as an example of proper planning under the RLSAP statute.43 There is also no evidence that any
development has occurred under the St. Lucie program, and its most recent correspondence indicated that none
may ever occur.44 Furthermore, Highlands and Osceola Counties which both applied for and were granted
authorization by the Department to designate RLSAP's, have since notified the Department that they would no
longer pursue them and the authorization was withdrawn by the Department.45 In order to clear up some of the
confusion over the program, the Department recently entered into rulemaking for the RLSAP. 46 Although these
rules were upheld by an ALl, it remains to be seen whether this program will actual1y be used.
Findings and/or Conclusions
Need Assessment is a Factor in Land Use Planning
The needs assessment is a fundamental part of land use planning. Specifically, the numerical needs assessment is
a useful tool to determine whether the amendment will cause an area to become over-allocated or exacerbate
existing over-allocation. It is also a key indicator of urban sprawl. However, the numerical needs assessment is
only one factor to consider when conducting a needs assessment. It is also important to consider other policy
factors such as job creation potential, urban infill, form of development, or the promotion of development in areas
where it is most efficient for the local government to promote growth.
Inconsistent Enforcement
Although the needs assessment has been in the statutes for a long time, it has not been consistently enforced. In
reviewing case law, it appears the Department took a tougher stance against urban sprawl and the needs factor in
the early 1990's during the initial adoption of the comprehensive plans, then relaxed its review of this criterion for
many years when reviewing plan amendments, and has now once again been applying a tougher standard. The
market factor being used in many current needs assessments is 1.25. Some amendments are approved despite an
over-al1ocation of development in a given jurisdiction. However, the reason that these amendments are approved
is unclear.
Long Term Land Use Planning is Permitted but Must be Carefully Considered
In cases such as Woods & Recio v. Marion County & DCA, 47 a one or two-year planning horizon in the
comprehensive plan will make a showing of future need for development difficult or impossible to demonstrate.
Long term planning can be valuable, but changing an entire comprehensive plan to reflect a 20 or 30-year
planning horizon, while currently al10wed under the statutes, may present many difficulties. For instance, because
population projections are incorrect, and population projections are required to match the adopted planning time
horizon, adopting too long of a planning time horizon can lead to urban sprawl. Therefore, if a local government
adopts a longer term planning horizon that al10ws for more development they are taking a risk that they are
allowing development in areas that may never develop.
Options and/or Recommendations
Planning for growth where growth is needed has a number of benefits including the:
. discouragement of urban sprawl and the efficient use of infrastructure dollars;
. discouragement of premature conversion of agricultural lands;
. prevention of fragmentation of the environment; and
. promotion of coordination of the plan with the plans of adjacent local governments.
431d.
441d.
451d.
46 [d.
" Woods & Recio v. Marion Cmmty&DCA, DOAH 08-1 576GM (Feb. 4,2009).
Population Need as a Criteria for Changes to a Local Government's Future Land Use Map
Page 9
A numerical needs assessment using a market factor is one of the tools the state uses to achieve these important
policy objectives. It is possible that a development proposal could fail the numerical needs assessment and still
achieve the important policy goals that the test was created to protect. Therefore, a clear articulation of how the
test relates to the goals may allow interested parties to understand how particularly well-planned and beneficial
development might take place even in a jurisdiction that is over-allocated. Rulemaking or legislative clarification
in this area could promote well planned developments where form, function, and location outweigh the
detrimental effects of over-allocation.
Either the Legislature by statute or the Department of Community Affairs through rule making could clarii)' the
role of needs assessment in the comprehensive planning process. The Department could, through rulemaking,
formalize and elaborate on its current policies and guidelines for analyzing a needs assessment. More clearly
identifying the factors considered in assessing need and the beneficial public policies supported by having a needs
assessment should assist planners, developers, and policymakers to develop plans that avoid over-allocation and
urban sprawl without restricting growth where it would be beneficial.
Finally, there are certain types of development that may not need to undergo stringent needs analysis. For
example, local governments are often interested in gaining the efficiencies of enhanced urban infill and
redevelopment projects. It may be that these projects are needed for public policy reasons and might not need to
provide population data that support their proposals. In addition, certain commercial or industrial job creation
projects might not require a stringent needs analysis. The Legislature or the Department may choose to exempt or
set different criteria for these projects.
CCPC TRANSMITTAL RECOMMENDATIONS FOR 2007-2008 COMBINED CYCLES
GROWTH MANAGEMENT PLAN AMENDMENTS
. Petition CP-2007-1, Wilson Boulevard Commercial Subdistrict
CCPC Recommendation: Not to Transmit, by 8/0 vote.
[petition now changed to Wilson Boulevard Conditional Uses Subdistrict]
. Petition CP-2007-2, Immokalee Road/Oil Well Road Commercial Subdistrict
CCPC Recommendation: Not to Transmit, by 6/2 vote.
[petition now withdrawn]
. Petition CP-2007-3, Mission Subdistrict
CCPC Recommendation: Transmit, by 8/0 vote, subject to staff determination of appropriate
text - as a proposed new Subdistrict OR as a new exception to locational criteria to be listed
under the existing Conditional Uses Subdistrict in the GGAMP (for conditional uses (CU)
allowed in the E, Estates zoning district). [Based upon discussion with Zoning & Land
Development Review staff, it cannot be clearly determined that the range of proposed uses
would fall under the "church" CU; therefore, one option would be for the petitioner to submit
a Request for Official Interpretation (01). If the 01 process (staff determination or appeal to
BOZA) were to yield an affirmative determination, then the CU exception text would be
appropriate. However, unless and until that occurs, Comprehensive Planning Department
staff believes it best to establish a new Subdistrict, as set forth below.]
2. ESTATES DESIGNATION
A. Estates- Mixed Use District
2. Mission Subdistrict
The Mission Subdistrict is located on the south side of Oil Well Road. aporoximatelv one-ouarter
mile west of Everglades Boulevard. and consists of 21.72 acres. The purpose of this Subdistrict
is to provide for churches and related uses. includin!! community outreach. The followin!! uses
are allowed:
a) Churches.
b) Child care centers - must be not-far-profit and affiliated with a church within the
Subdistrict.
c) Private schools - must be not-far-profit and affiliated with a church within the Subdistrict.
d) Individual and family social services (activity centers. elderlv or handicanned onlv: day care
centers. adult and handicapped onlv) - must be not-far-profit and affiliated with a church
within the Subdistrict.
e) Medical outreach to the community. to include activities such as administerin!! influenza
vaccine. checking blood oressure. and conducting blood donation drives - must be not-for-
nrofit and affiliated with a church within the Subdistrict.
Soup kitchens and homeless shelters are nrohibited in tbis Subdistrict.
Tbe maximum total floor area allowed in this Subdistrict is 90.000 square feet. The maximum
bei!!ht of buildin!!s shall be 30 feet. Develonment in this Subdistrict shall be desi!!ned to be
compatible with tbe existing. and allowed future. development in the surfOundin!! area.
In the alternate to the forelloinll uses. measures of develooment intensity. and develoDment
standards. this Subdistrict mav be develooed with single family dwellinlls in accordance with
the Residential Estates Subdistrict.
ProDertv adiacent to this Subdistrict shall not oualify for the Transitional Conditional Use.
. Petition CP-2007-5, Logan/lmmokalee Mixed Use Subdistrict
CCPC Recommendation: Not to Transmit, by 8/0 vote.
[petition now withdrawn]
. Petition CP-2008-1, Estates Shopping Center Subdistrict
CCPC Recommendation: No recommendation. Motion to Transmit failed by 4/4 vote.
Motion was subject to staff alternative text in the Staff Report, but revised to: 1) keep the list
of allowable uses #1-27 as proposed by petitioner, but delete #28 [this requires are-lettering
of paragraphs]; 2) revise paragraph "a.12" to reflect the correct SIC Code term; 3) revise
paragraph "a." to add a "catchall" prohibited use #14; 4) revise paragraph "b." to reduce the
total allowable building area from 225,000 s.f. to 210,000 s.f., as proposed by the petitioner
at the hearing, and to modify the building floor area term; 5) revise paragraph "c." to
recognize the potential for more than one grocery use; 6) revise paragraph "e.1." pertaining
to the timing of right-of-way donation; and, 6) delete paragraph "n." pertaining to common
architectural theme.
[Staff Report pages 29-32J
a. Allowable Uses shall be limited to the followinll:
1. Amusement and Recreation (GrouDs 7911. 7991. 7993 and 7999. includinll onlv dav camDS.
gymnastics instruction. iudo/karate instruction. sDortinlllloods rental and valla instruction)
2. ADDarel and Accessorv Stores (GroUDS 5611-5699)
3. Auto and Home Supply Stores (Groups 5531. 5541. includinll Ilasoline service stations
without repair)
4. Automotive ReDair and Services (GrouDs 7514. 7534. including only tire reoair. 7539.
includinll onlv minor service. lubricating and diagnostic service) and 7542)
5. Business Services (GroUDS 7334-7342. 7371-7376. 7379. 7382. 7383. 7384. and 7389)
6. Child Dav Care Services (GroUD 8351)
7. Communications (GroUDS 4812. 4841)
8. Depository and Non-Depository Institutions (Grouns 6021-6062. 6091. 6099. 6111-6163.
includinll drive through facilities)
9. Eatinll Places (GrouD 5812. includinll onlv liauor service accessory to the restaurant use.
10. Educational Services (GroUD 8299)
11. Enllineerinll. Accountinll. Research and Manallement (Grouns 8711-8721. 8741-8743. 8748)
12. Food Stores (Groups 5411-5499. includinll convenience stores with gas)
13. General Merchandise Stores (GrouDs 5311. 5331. and 5399)
14. Government Administration Offices (Groups 9111-9199)
15. Hardware. Garden Supply and Paint/WallDaDer Stores (Groups 5231. 5251. and 5261)
16. Holdin" and Otber Investment (Grouos 6712-6799)
17. Home Furniture/Furnishinlls (GrouDs 5712-5736)
18. Insurance Carriers (GroUDS 6311-6361)
19. Iustice. Public Order and Safety (Groups 9221. 9222. 9229. and 9311)
20. Meetinll and Banauet Rooms
21. Miscellaneous Retail (GrouDs 5912. 5921 (accessory to Ilrocerv or nharmacv onlv) 5932.
5941-5949.5992-5995. and 5999)
2
22. Personal Services (Grouos 7211. 7212. 7215. 7221-7251. 7291-72991
23. Real Estate (Groups 6512-65521
24. Security and Commodity Brokers (Grouos 6211-6289)
25. Transoortation Services (Grouo 47241
26. Video Rental (Group 78411
27. U.S. Post Office (Group 4311. excludinll maior distribution centers)
b. The followinll uses shall be orohibited:
1. Drinkinll Places (58131 and Stand Alone Liouor Stores (5921)
2. Mail Order Houses (5961)
3. Merchandizing Machine Operators (59621
4. Power Laundries (72111
5. Crematories (72611
6. Radio. TV Reoresentatives (73131 and Direct Mail Advertisinll Services (73311
7. NEC Recreational Shootinll Ranlles. Waterslides. etc. (79991
8. General Hosoitals (80621, Psychiatric Hosoitals (80631, and Soecialty Hosoitals (80691
9. Elementary and Secondary Schools (82111. Colle~es (82211. lunior Collelles (82221
10. Libraries (82311
11. Correctional Institutions (92231
12. Solid Waste Manallement Services (95111
13. Homeless Shelters and Soup Kitchens
14. Any use not listed in paragraph "a." above
c. Develooment intensity shall be limited to 210.000 square feet of ~ross floor area.
d. A Ilrocerv use shall be constructed first. and it shall contain a minimum of 27.000 souare
feet.
e. No individual use shall exceed 30.000 square feet of buildinll area. with the exceotion of
Ilrocerv use.
f. Develonment within this Subdistrict shall be nhased and the following commitments related
to area roadway imorovements shall be comnleted within the soecified timeframes:
1. Right-of-Way for Golden Gate Boulevard Exoansion and Rillht-of-Wav for the Wilson
Boulevard Exoansion will be donated to the County at no cost within 180 davs of a
written request from the County after rezoninll annroval.
2. The aoplicant shall pay its fair share for the intersection imorovements at Wilson
Boulevard and Golden Gate Boulevard within 90 davs of County request for
reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard are
comnlete. the County shall not issue a Certificate(s1 of Occuoancv (Co) for more than
100.000 souare feet of develonment. The aoolicant must obtain a CO. for a Ilrocerv
store as nart of this 100.000 square feet. and the Ilrocerv store must be the first CO.
obtained.
3
g. Rezoninl! is encoural!ed to be in the form of a Planned Unit Develooment (Pum. The rezone
ordinance shall contain development standards to ensure that all commercial land uses will
be comoatible witb neil!bborinl! residential uses.
b. A 25-foot wide landscaoe buffer shall be orovided abuttinl! tbe external ril!bt-of-wav. This
buffer shall contain two stal!l!ered rows of trees that shall be soaced no more than 30 feet
on center. and a double row hedl!e at least 24 inches in heil!ht at time of plantin~ and
attaininl! a minimum of three feet heil!ht within one vear. A minimum of 50% of the 25-foot
wide buffer area sball be comorised of a meanderinl! bed of shrubs and ~round covers otber
than Il"fass. Existinl! native trees must be ret2ined within this 25-foot wide buffer area to aid
in achievinl! tbis buffer reouirement: other existinl! native vel!etation shall be retained.
where possible, to aid in achievinl! this buffer requirement. Water retention/detention
areas shall be allowed in this buffer area if left in natural state. and draina~e conveyance
throul!h the buffer area sball be allowed if necessary to reach an external outfall.
i. No commercial buildinl! mav be constructed within 125 feet of the northern or western
Dfooerty boundaries ofthis Subdistict.
j. Anv oortion of the Proiect directly abuttint;! residential orooertv (orooertv zoned E-Estates
and without an approved conditional use) shall orovide. at a minimum. a seventy-five (75)
feet wide buffer, exceptthe westernmost 330' of Tract 106. whicb shall orovide a minimum
20' wide buffer. in which no oarkinl! uses are oermitted. Twenty-five (25) feet ofthe width
of the buffer alonl! the develooed area sball be a landscaoe buffer. A minimum of fifty (50)
feet of the buffer widtb shall consist of retained or re-olanted native vel!etation and must be
consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC).
The native vel!etation retention area mav consist of a oerimeter berm and be used for water
manal!ement detention. Any newly constructed berm shall be reve~etated to meet
subsection 3.05.07.H of the LDC (native ve~etation replantin~ requirements). Additionally.
in order to be considered for aooroval. use ofthe native vel!etation retention area for water
manal!ement OUfDoses shall meet the followinl! criteria:
1. There shall be no adverse imoacts to the native vel!etation beinl! retained. The
additional water directed to this area shall not increase the annual hvdro- oeriod unless
it is oroven that such would have no adverse imoact to the existinl! vel!etation.
2. Ifthe oroiect reauires oermittinl! bv the South Florida Water Manal!ement District. the
proiect shall orovide a letter or official document from the District indicating that the
native vel!etation within the retention area will not have to be removed to complv with
water manal!ement reauirements. Ifthe District cannot or will not suoolv such a letter.
then the native vel!etation retention area shall not be used for water manat;!ement.
3. If the oroiect is reviewed bv Collier County. the County engineer shall provide evidence
that no removal of native vel!etation is necessarv to facilitate the necessarv stora~e of
water in the water manal!ement area.
k. All buildings shall have tile roofs. 'Old Style Florida' metal roofs. or decorative oarapet walls
above the roofline. The buildinl!s shall be finished in lil!ht. subdued colors. exceot for
decorative trim.
I. Buildint;! heights shall be limited to one (1) stOry and a maximum of thirty-five (35) feet.
m. Alllil!htinl! shall he architecturally designed and limited to a heil!ht of twenty-five (25) feet.
Such lil!hting shall be shielded from neil!hhorinl! residential land uses.
4
n. Commercial uses shall encoural!e nedestrian traffic throul!h nlacement of sidewalks.
pedestrian walkwavs. and marked crosswalks within narkinl! areas. Adiacent proiects shall
coordinate nlacement of sidewalks so that a continuous nathwav throu~h the Subdistrict is
created.
o. Drive-throul!h establishments shall be limited to financial institutions. with no more than
three lanes. The drive-throul!h areas shall be architecturally inte(!rated with the rest ofthe
buildinl!.
p. Fences or walls mav be constructed on the commercial side of the reQuired landscape buffer
between adiacent commercial and residential uses. If constructed. such fences or walls shall
not exceed five r51 feet in heil!ht. Walls shall be constructed of brick or stone. Fences shall
be of wood or concrete nost or rail tynes. and shall be of open design r not covered bv slats.
boards or wire 1.
. Petition CP-2008-2, Randall Boulevard Commercial Subdistrict Expansion and Modification
CCPC Recommendation: Transmit, by 6/2 vote, subject to staff alternative text in the Staff
Report, as revised regarding: 1) allowable square feet figures; 2) the C-4 zoning district
reference; and, 3) discontinuance of the Big Corkscrew Island Fire Station and Florida
Division of Forestry fire tower.
[Staff Report page 25J
3. Randall Boulevard Commercial Subdistrict -
The Randall Boulevard Commercial Subdistrict. containinl! annroximately 56.5 acres. is
located on the south side of Randall Boulevard and Immokalee Road rCR-8461. extendinl!
from 8th Street NE west to the Corkscrew Canal. +fte This Subdistrict is comprised of the
following properties: Tracts 54. 55. 71, 72. 89. 90.107.108.125.126 and 127. Golden Gate
Estates, Unit 23; aRE! the East 183 feet efTract a 4, CelaeFl Cate Estates, UBit 2~.
RecegRiziRg tHe 1I1liEllle aevelspmeFlt patterll alla cHaracteristics sf sllrrsllllaiRg laFlallses,
#l,e This Rallaall gSllle':ara CSllllllerEial Subdistrict has been designated on the Golden Gate
Area Future Land Use Map and the Randall Boulevard Commercial Subdistrict Man. See Hap
-l4 It is the intent of this Subdistrict to orovide commerciall!oods and services to the
surroundinl! area. Develooment intensity in this Subdistrict shall not exceed 411.950
sQuare feet of floor area.
***********************************************************************************************
[Staff Report page 26J
e. Develonment intensity shall be limited to 370.950 sQuare feet of floor area. of which no
more than 315.950 SQuare feet shall be retail development on Tracts 72. 89. 90. 107.
108. 125. 126. 127. and the west one-half of Tract 54. Develonment intensity shall be
limited to 20.000 sQuare feet of floor area on the east one-half of Tract 54. and 31.000
SQuare feet of floor area on Tract 71.
f. Allowable uses shall be limited to all oermitted and conditional uses of the C-4. General
Commercial District. in the Collier County Land Develonment Code. Ordinance No. 04-
41. as amended. exceot that the followinli uses shall be nrohibited:
***********************************************************************************************
[Staff Report page 27J
5
!!. At time of rezonin!!. consideration shall be !!iven to imoosin!! aoorooriate restrictions on
the amount of development allowed in this Subdistrict prior to discontinuance and
relocation of the Bi~ Corkscrew Island Fire Station and Florida Division of ForestI)' fire
tower uses.
. Petition CP-2008-4, Re-designate from RFMUD Sending Lands to Neutral Lands
CCPC Recommendation: Transmit, by 8/0 vote, subject to staff recommendation, and
requirement for petitioner to submit data and analysis.
1) One hundred thirty (130) feet be reserved along the southerly property boundary for
future road right-of-way at such time that zoning action is undertaken to allow the
proposed land uses.
2) Prior to BCC Transmittal hearing, petitioner to submit data and analysis to staff
regarding compliance with 2008 legislation HB 697 (reduction in greenhouse gas,
reduction in vehicle miles traveled, etc.).
. Petition CPSP-2008-7, Staff petition to add policy regarding alignment of planning
timeframes in GMP.
CCPC Recommendation: Transmit, by 8/0 vote.
. Petition CP-2009-1, Dade-Collier Cypress Recreation Area District
CCPC Recommendation: No recommendation. Motion to Transmit failed by 4/4 vote.
Motion was subject to staff alternative text in the Staff Report, as revised in two places
regarding lake edge littoral zone requirement.
[Staff Report page 27, 2nd fuI/ paragraphJ
The draina!!e and storm water mana!!ement svstems for this District shall be desi!!ned to be
comoatible with environmental site assessments. development and mitil!"ation stratel!"ies.
environmental enhancements and re!!ulatorv reauirements. Site develonment shall
restore/realign existinl!" trails previouslv created bv swamp bU!!l!"ies that traverse the site
orimarilv in an east/west direction. Lake edl!"es mav be improved with a shallow littoral zone
where determined aporooriate.
***********************************************************************************************
[Staff Report page 28J
10. Restoration nlan for nresentlv disturbed oortions of the site not to be utilized (e.!!. most of
the existing OHV trails). and creation of littoral zones for all lakes where deemed
aODronriate.
cepe Transmittal Recommendations for 2007-2008 cycle GMPAs -for Bee ExSum
G:\Comprehensive\COMP. PLANNING GMP DATA\Comp. Plan Amendments\2007-200B Combined Cycle Petitions
dw/1-4.10
6
Staff Alternative T ex! for Petition CP-2008-1
B. Estates - Commercial District
6. ~ Estates ShoDDina Center Subdistrict - Recoanizina the need to
orovide for centrallv located ~ coods and services within a Dortion of ~19F1:R9rR
Golden Gate Estates Ivino east of Collier Boulevard. the Estates Shoppina Center
Subdistrict has been desianated on the Golden Gate Area Future Land Use Map and on
the Fgtates Shoooina Center Subdistrict Man.
~ This Subdistrict comnrisina annroximatelv 41 acres is located at the northwest ~
corner of Golden Gate Boulevard and Wilson Boulevard westward to 3'" Street NW. aAQ
8Jd:8RoiRB RsFlilxlu'erg 18 i1X18hH~8 It com;ists of the followina nrooerties within Unit 11 of
G.olden Gate Estates' all of Tracts 107 108 109 11 0 143 and 144 and the southern
180 feet of Tracts 142 and 106. 8f ""it 11 and the southem 255 feet of Tract 111 ~
11 of ~91ei9A ~atg I;;:gtatsB tntaliAQ €loQmHimat91" 11 QlimG.
IRQ estates ~R1HH3iRB CBFltBr This Subdistrict is intended to orovide convenient
shoDDina. oersonal services and emolovment for the surroundina area 90 r>:Itl'€l I a.rSBG gf
~IQFtI=l9FR CSIOSR Cats estates. Commercial develoDment in this Subdistrict will reduce
drivinQ distances for manv residents, assist in minimizinQ the road network. reQuired. and
reduce traffic impacts in this area of Collier County.
All development in this Subdistrict shall complv with the followina reauirements and
limitations:
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ramil" 818tlxliAEI 818rS8
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double underline text is added, double ntrilui ttxlriu~tx1 text is deleted, as proposed by staff.
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double underline text is added, double -:-1":1,[ t"'~u !J'" text is deleted, as proposed by staff.
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double underline text is added, double 'W"lil1~n 1!l1.. text is deleted, as proposed by staff.
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:!Q \I€ltsriFlap' s9P'il?es fsr aRiFRal S9BGialtiBs (CrBws Q:12)
:J1. \lit~9S taB8 femel (Creys :811. eHslyaiAB aay!t 8rieRtes sales BRS rElRtals)
~~ IIAitgs stetfls 809tal GfH"il313 (~rGMB 1211 mmlMttilXl8 FRaier ttiBtfibwtiBR
98Rt8rG)
:J~. ^ RU Bt!xler eFiRBieell:JSB "'!xIie!xl is BBFRBarab!E1 ilXl REHMra '''it!xl t!xl8 fBF888iR8 lis1
Bf BeFFRittBtt BRRBieal yses. as ttetBFFFliRBS 1:1\: t!xls QaaF~ af 1SRiR8 ^BB8als
("QY") b" t!xle IH09999 eMtliR13S iR tRe b.r;?C
is ^ ssssssP' I IS9S'
1. ^ BB8888P l:JSElS eRS stFl:lIetl:JrBS Bl:JstBFRaFi!" assBoiEHas 'Nit!xl t!xls Belimittss
BriFlOiBall:llG98 aRa stryetl:Jms iFlsIMttiR8 byt RBt !imitss t8'
a. b1tilit': bYil~iFles
b. [sBBRtial SSp'iBB faBilitiBs
s. Ca:<!BbBs. stall:llap' aRa Bt!xler ars!xlitBslwral fealyres
? Allowahle useg ghall b~_ those oennitted and conditional ugeg of the C-4 Geneffil
Commercial zoninn digtrict in the Collier Countv Land Develooment Code Ordinance
04-41 ag amended
bG. The followina uses shall be Drohibited:
1. Amusement and recreation services. not elsewhere classified (GrauD 7999.
NEe Recreational Shootina Ranaes. Waterslides. etc.)
2. Air and water resource and solid waste manaaement (Grauo 9511)
3. Business Services
Single underline text is added, as proposed by the petitioner;
double underline text is added, double i1rilli t~riLJgR text is deleted, as proposed by staff.
GrouDs
7313 - Radio. television. and Dublishers' aclvertisina
reoresentatives
7331 - Direct mall advertisina seNices
4. Correctional Institutions (GrauD 9223)
5. Drinkina Dlaces (alcoholic beveraaes) (GrauD 5813)
6. Educational services
GrauDs 8211 - ElementaN and secondaN schools
8221 - Colleaes, universities. and Drafessional schools
8222 - Junior colleaes and technical institutes
8231 - Libraries
7. Health seNices
GrauDs 8062 - General medical and suraical hosDitals
8063 - Psvchiatric hosDitals
8069 - SDecialtv hosDitals. exceDt Dsvchiatric
8. Miscellaneous Retail
GrauDs 5921 - Liauor stores
5961 - Cataloa and mail-order houses
5962 - Automatic merchandisina machine ooerators
9. Personal services
GrauDs 7211 - Power Laundries. famllv and commercial
7261 - Funeral seNice and crematories
10. Social seNices
GrouDs 8322 -Individual and familv social seNices. excludina adult dav
care centers
8361- Residential care. includina SCUD kitchens and homeless
shelters
ceo Develooment intensity shall be limited to 210.000 sauare feet of cross leasasle floor
area.
de. 0R9 A arocerv use shall be constructed first and it shall ~ be a minimum of 27.000
sauare feet. \AlifF! iRe 8HB13BtiaR 81 8R8 EUSeBl" M88. Ae iFleli"isl:IIal yesr AUf' 8H8888
:a9,999 sayers f88t 81 l3yjleliR8 arae
e No individual use shall exceed 30000 snWHe feet of buildina area with the
eXc8Dtion of aroceN use.
Single underline text is added, as proposed by the petitioner;
double IlndArlinp. text is added, double r1~'1 i t~~i jl::1 text is deleted, as proposed by staff.
f. Development within this Subdistrict shall be phased and lhe followina commitments
related to area roadwav imorovements shall be com Dieted within the soecified
timeframes:
1. Riahl-of-Wav for Golden Gate Boulevard Expansion and Riaht-ofoWav for the
Wilson Boulevard Expansion will be donated 10 the County at no cost within 1 ~
days of a written reauest from the County after rezonina aooroval.
2. The applicant will shall pav its fair share for the intersection improvements at
Wilson Boulevard and Golden Gate Boulevard within 90 davs of County reauest
for reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson
Boulevard are complete. the Countv shall not issue a Certificate(s) of Occupancv
(Co) for more than 100.000 sauare feet of development. The applicant must
obtain a C.O. for a arocerv store as part of this 100.000 SQuare feet. and the
orocerv store must be the first C.O. obtained.
a. Rezonina is encouraaed to be in the form of a Planned Unit Development (PUD). ,
llAlIlThe rezone ordinance _ shall contain development standards to ensure that all
commercial land uses will be comoatible with neiahborina residential uses.
^ S9RS€lstwal alar>:! ..'f;;tiGf;:! ieaRtifias tl:<19 IBSati9R 9f tl=l9 89FA=1ittee eS"SIGBA<1l3Rt €1mB. BAS- ~
mayimg SrGogr'g lima far tlxliG BwbeiGtFiat is attasl=lQQ Tt;;Je smGgp''U 8mB 89siGtBQ gR
tF18 BBR888h~81 elaFll3lx1all selief all eemBrel=lBRsi"s eleR rS8yjF8I"FHIRts fer rst8iRIH~ Rati' 8
"oggtatiDR iRGlwsiR9 bl4t Rot limiteB 19 tt=le rG9wirBR=lBAts 81 Pelis" 8 1 1 gf tl>:lo ~~t1!;: ^
rfIQrG ggtliilg9 gg"'Ulo8mBRt 818R mwGt be g8"eI8B8~ e.R~ ytili:;Igg fer tt>le rolilYima pi II;?
m~gRiRa
txI I;?g"alasmSl"lt staRgarQS iRBlysiRQ SBFFAittBeI 'IQGg BR9 69tbaelm fsr SFlRGisal
BYilgiREi8 fi!xle.1I be 88ie.blis1-l88 e.t tRe time Elf PLI9 F82!8RiR8. PR" f~h.ue pi II? F82!SR8 81-1e.1I
iRSIYge ~L.._ -1'_11_..,:__ at a milXlimym'
"-14 h. Landscaoe buffers adiacent to external riahts.of-wav shall reouire enhanced
bufferina to be detennined at rezonina and shall include minimum widths as noted
below 99 :
. 1 sl/Srd Streets - Minimum 30' wide 8Rl-laRDgg buffer
. Wilson Boulevard - Minimum 25' wide tJRtxl9.R999 buffer
. Golden Gate Boulevard - Minimum 50' wide aR!xle.F188~ buffer
~ I. lensest far tt>le Ytilw' ~yileliR8 ANo commercial buildina may be constructed within
125 feet of the northern propertv boundary and within 300' of the 3rd Street NW
boundalV of this eSubdistrict exceDt for the water/sewer IJtilitv hllildina.
~ I. Anv portion of the Proiect directiv abuttina residential propertv (propertv zoned
E-Estates and without an aooroved conditional use) shall orovide. at a minimum. a
seventy-five (75) feet wide buffer. except the westernmost 330' of Tract 106. which shall
orovide a minimum 20' wide buffer in which no oarkina uses are oennitted. Twentv-five
(25) feet of the width of the buffer alona the developed area shall be a landscape buffer.
Single underline text is added, as proposed by the petitioner;
double lJndArlinA text is added, double 'j't~:I,U tlni 1~1:1 text is deleted, as proposed by staff.
Formatted: Adjust space between Latin and
Asian text, Adjust space between Asian text and
numbers, Tab stops: 0.25", Left
A minimum of fittv (50l feet of the butter width shall consist of retained or re-olanted
native veoetation and must be consistent with subsection 3.05.07.H of the Collier Countv
Land Develooment Code (LDCl. The native veoetation retention area mav consist of a
oerimeter berm and be used for water manaoement detention. Anv newiv constructed
berm shall be reveoetated to meet subsection 3.05.07.H of the LDC (native veoetation
reolantina reauirements). Additionallv. in order to be considered for aooroval. use of the
native veaetation retention area for water manaaement ourposes shall meet the
followina criteria:
+4\1. There shall be no adverse imoacts to the native veoetation beino retained. The
additionai water directed to this area shall not increase the annual hvdro-oeriod
unless it is Droven that such would have no adverse imoact to the existina
veaetation.
+8+ 2. If the oroiect reouires oermittlno bv the South Florida Water Manaoement
District. the oroiect shall orovide a letter or otticial document from the District
indicatina that the native veaetation within the retention area will not have to be
removed to comelv with water manaaement reauirements. If the District cannot
or will not suoolv such a letter. then the native veoetation retention area shall not
be used for water manaaement.
... 3.if the oroiect is reviewed bv Collier Countv. the Countv enoineer shall orovide
evidence that no removal of native veoetation is necessarv to facilitate the
necessarY storace of water in the water manaaement area.
k. All buildinas shall have tile roofs 'Old Stvle Florida' metal roofs or decorative oaraDet
walls above the roofline The buildinm. ghall be finighed in Iinht gllbdued colors exceot
for decorative trim
I RlJildinn hAinhts shall be limited to one (1) staN and a maximum of thirtvMfive (35) feet
m All liahtina shall be architecturallv dAsioned and limited to a heioht of twentv-fivA (25)
feet Such liohtino shall be ghieldAd from neinhborinn rAsidentialland USAS.
n Commercial uses shall encouranA nedestrian traffic throuoh nlacemAnt of gidewalkg
oedestrian walkwavg and marked croggwalkg within oarkino areag AdiacAnt nroiActg
ghall coordinatA nlacement of gidewalkg so that a continuoug nathwav throllnh the
Subdigtrict ig created
o DrivAMthrounh egtablighmentg ghall be limited to financial ingtitutiong with no more
than three lanes The drive-throuoh areag ghall be arc:hitecturallv intearated with the regt
of thA buildino
D_ FAnCAg or wallg mav he r:ongtrllc:ted on the commerc:ial gide of the renl/ired landscRoe
buffer betwAAn adiaC:Ant c:ommerr:ial and regidentialugeg If congtmcten gllr:h fenceg or
wallg ghall not exceed five (5) feet in heinht Wallg shall be congtrur:ted of hric:k or gtone
Fences shall be of wood o~ concrete oost or rail tvoes and ghall be of aDen desion (not
covered bv slats boardg or wire)
CP-2008.1 ExSumstattatternativetext
G:\CorlllrehensiveICOMP PLANNING GMP DA TA\Comp Plan Amendrnents12007.2008 Combined Cycle Petitions\200B Cycle PetnionsICP-200B-1
Estates Shopping Center Subdistrict mm-dw/1-7.09..10
Single underline text is added, as proposed by the petitioner;
double underline text is added, double U"t"':lii t~ri I!lt:! text is deleted, as proposed by staff.
Co~e-Y Coun'ty
t::.... ~.-
- -
Bureau of Emergency Services
Memorandum
DATE:
Mr. Thomas Greenwood, Principal Planner
Community Development and Environmental Services Division
Dan E. Summers, Dlrecto~
November 9, 2009
TO:
FROM:
RE:
Petition CP-2009-1, Dade-Collier Cypress Recreation Area, District Growth Management Plan
Amendment - 8ureau of Emergency Services response to questions raised during the Collier
County Planning Commission (CCPC) October 20, 2009 Transmittal Hearing
Collier County Bureau of Emergency Services received correspondence and phone communication from Mr.
Thomas Greenwood, Principal Planner for Collier County CDES regarding the Dade-Collier Cypress Recreation
Area GMP petition. Emergency Services staff has reviewed the petition in its entirety, which was heard by the
cepc at its October 20, 2009 continued transmittal public hearing.
Collier County's 8ureau of Emergency Services acknowledges that the site of the proposed "Dade-Collier Cypress
Recreation Area" is a remote wilderness recreation site and response times from both Collier County and/or
Miami-Dade County will not mirror typical urban or rural response times. Collier County has a standard
emergency response time for rural areas such that 90% of calls will be responded to in less than 12 minutes.
Estimated arrival times for fire and emergency medical services may range from 28 to 38 minutes, depending on
the respective availability of aircraft, ground ambulances and fire apparatus. It is not feasible or cost effective at
this time to mandate or provide on-site professional fire and EMS services or traditional level of service
standards for this location. Therefore, Miami-Dade County must provide adequate notice (e.g. on-site signage,
on-site orientation to visitors, brochures, website) so that occupants/visitors are aware of limited cell-phone
wireless communication networks at this site. Similarly, adequate notice must be provided to inform visitors as
to the location of a land-line phone to summons emergency assistance.
Collier County's Bureau of Emergency Services has no objection to the petition, but requests the following
stipulations be met:
1. That a primary helicopter landing site be provided on stable solis or suitable pavement materials, that is
at least 125x125 ft. square for daylight operations only at or near a location that provides the primary
access to the ATV riding area. It should be noted that the Miami-Dade Jet Port or TNT (Training and
Transitional Airport) should be referenced as an alternative helicopter landing lone, not a primary, as
this is not a tower-controlled airport facility. Miami-Dade Parks and Recreation staff has indicated that
adequate soils or existing fill sites are sufficiently elevated for this effort. Collier County will make
available technical support for review and selection of these landing sites. However, if upon field
verification a suitable site cannot be found at the location identified as containing adequate solis at an
8Jte<JJd~_fe:,_,,-
B5S
8075 Lely Cultural Parkway' Naples, F10nda 34113 ' 239.252.3600 . FAX 239-252-3700 . www.cotlierem.org
letter to Thomas Greenwood
November 9, 2009
Page 2
appropriate elevation, then a paved landing pad will be required at the discretion of Collier County with
all costs borne by the operator.
2. Miami-Dade County has stated that the park will be attended by Miami-Dade Parks and Recreation staff
when the site is open for wilderness ATV activity. Miami-Dade County reported that personnel would
be on-site and capable of first-aid and patient stabilization of an injured ATV rider. This first-aid effort
should include a suitable ATV or utility type vehicle that could be used to transport EMS personnel to
the accident/injury site, or transport a properly packaged and stabilized patient under the supervision of
EMS personnel to a suitable site for ground ambulance transport or helicopter. Miami-Dade Parks and
Recreation staff indicated it was likely that their park attendant would have off-road vehicle resources
for basic first-aid assistance.
3. Miami-Dade County's designated park attendant shall have radio communications, which shall include a
base station when a semi-permanent or permanent park office is established, mobile vehicle mounted
radio and hand-held portable radio all with both Miami-Dade County 911 and Collier County Sheriff's
911 frequencies. In addition, the site may want to have Federal and State Park and Forestry VHF
communications capability - funded by Miami-Dade County - as an alternative form of communication. It
was reported that cell phone coverage presently provided only byVerizon, AT&T, and T-Mobile may not
provide a completely reliable cell phone network for emergency communications. Miami-Dade County
Parks and Recreation staff indicated that additional two-way radio equipment could be acquired to
ensure communications with Collier County, Ochopee Fire, Federal Parks, or Miami-Dade County as
needed.
4. Should Miami-Dade County elect to conduct rallies, races, or other high capacity/high census events,
Collier County shall have the first right of refusal to provide on-site standby paramedic services in
accordance with Collier County ordinance.
After the first full year of operation, and annually thereafter, Collier County will evaluate the calls for service to
determine if the calls for service to the park warrant a change in response methodology. The re-evaluation
may, at the discretion of Collier County, generate a need for other supplies, equipment, communication
resources, or ATV type units or tools to ensure reasonable delivery of emergency medical care in this remote
setting. Such evaluation shall not affect the approval or long-term operation of the site by Miami-Dade County,
but shall mandate coordination and emergency response support from Miami-Dade County Parks Department
should it be needed for the continued consistent and safe delivery of emergency services by Collier County.
Miami-Dade County shall fund all reasonably necessary public safety needs identified in the annual re-evaluation
as a means to facilitate the long-term operation of the site. Funding to address necessary public safety needs
identified in the annual re-evaluation shall be included and considered in the Interlocal Agreement being
proposed to be executed by Miami-Dade and Collier Counties, should the application be approved.
Letter to Thomas Greenwood
November 9, 2009
Page 3
In conclusion, Collier County's Bureau of Emergency Services, which includes in its Division, the Ochopee Fire
Department, Collier County EMS, Collier County MedFlight and the Department of Emergency Management, has
no objection to the petition but requests the above stipulations be considered.
Thank you.
cc: Mr. Leo Ochs, County Manager
Chief Jeff Page, Collier County EMS
Chief Alan Mclaughlin, Ochopee Fire Department
Chief Pilot, Steve Adams, Collier County MedFlight Department
c
c
:.o~......... -r:.y
DATE: January 8,2010
TO: Board of County Commissioners
FROM: Comprehensive Planning Department
SUBJECT: Growth Management Plan Adoption BCC Advertisement
Due to the schedule for advertisement, we cannot include them in this distribution packet for the
2007-2008 Cycle Transmittal Amendments.
The advertisement(s) will appear in the Naples Daily News on Friday, January 8,2010 and
Monday, January 11, 2010 (or 10 and 7 days) prior to hearing scheduled for January 19, 2010.
As soon as the official advertisement(s) have been posted and the "Certified Affidavit(s)"
received, they will be placed in this notebook prior to being forwarded to the Florida Department
of Community Affairs for Transmittal Review.
Thank you.
Comprehensive Planning Department
NAPLES DAILY NEWS
Published Daily
Naples. FL ~4) 01
Affidavit of Publication
State of Fiorija
County 0: Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a ~i1y n~w~aper
published at Naples. in Collier County, Honda; dtstnbuted
in Collier and Lee counties ofFlonda; that the attached COpy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on October 9, 2009
time in the issue
Affiant further says that the said Napies Daily News is a newspap~
published at Naples, in said Collier County, Flonda, and that the sald
ne"wspaper has heretofore b~ con~nuously publish~ m said C?oliier
County, Florida; distributed m Colher and Lee co~ntles ofFlonda,
each day and has been entered as second class.maIl maner ~I the post
office in Naples, in said Collier County, Flonda. for a penod of I
year next preceding the ftrst pubhcation of the atta.ched cOJ?Y of
advertisement; and affiwlt further says that he has neIther paid nor
promised any person, firm or corporation .any d.ISCOllnt. ~te.
~ZOfsecunngthisadverusementfO'
( Signature of affiant)
S worn to and subscribed before me
This 12th day of October, 2009
,..."",
"W~"" ..... KAROL E KANGAS
f i Notary Publtc . Slale of Florida
~ ;;:ii My Comm, Expfr.. Jut 29, 2013
~"~~"j,,~~$"'" CommiSSion 111 00 912237
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_PUBLIC NQTICE_
ruBI.lC.N_QTICE
PUBLl.c.NJ;l-'Ll.!&_ _ PUBUC NOTICE_~LIC NQnCJ;:_----.r.URUC NQ]ICL
NOTICE OF PUBLIC HEARING AND
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Monday, October 19, 2009 a18:30 A.M. in the Board
of County CommissiorlerS Meeting Room, 3rd Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida
The purpose of the hearing is to consider a recommendation on amendments to the Growth Management Plan; specifically to the Future land Use Ele-
ment, including the Future Land Use Map and Map Series, and the Golden Gate Area Master Plan, includillg the Golden Gate Area Master Plan Future
land Use Map and Map Series; and a recommendation for transmittal to the Florida Department of Community Affairs. The resolution title is as follows:
RESOLUTION NO. to-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA PROPOSING AMEND-
MENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICAllY
AMENDING THE FUTURE LAND USE elEMENT, INCLUDING THE FUTURE LAND USE MAP AND MAP SERIES, AND THE
GOLDEN GATE AREA MASTER PLAN, INCLUDING THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP
AND MAP SERIES; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS.
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A. CP-2007-1, Petition requesting an amendment to the Golden G8t~Area MastAr Plan lmd ~~LEJm.E!.l.tYaJ...aru;l
u.~aJJ.t;t.M~_fu!D~!i, to create the Wilson BouleVard Commercial Subdistrict, to allow a maximum of 40,000 square feet of com-
mercial uses of the C-1 through C-3 zoning districts, for property located on the southeast corner of ImmokaJee Road fCR 846) and
Wilson Boulevard, in Section 27, Township 48 South, Range 27 East, consisting of :1:5.17 acres. [Coordinator: Corby Schmidt, AICP,
Principal Planner]
B. CP-2007-2, Petition requesting an amendmenttotheG.Q~[~~flanFutulBland
~~a~L~, to create the Immokalee Road/Oil Well Road Commercial Subdistrict to allow a maximum of 70,000 square
feet of commercial uses of the C-1 through C-3 zoning districts, for property located at the southwest comer of ImmokaJee Road (CR
846) and 33rd Avenue Northeast, in Section 15, Township 48 South, Range 27 East, consisting of :1:10.28 acres. [Coordinator: Carolina
Valera, Principal Planner]
C. CP-2007-3, Petition requesting an amendment to the Golden GaIA Al"A8 Master Plan and GoldAn Gate AMa Master Plan Fyt!JmJ..and
l)M:MMLamtM;:lJ;L~, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child
care and 2,500 square feet of health services, with a maximum of 90,000 square feet of total development, for property located on the
south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consist-
ing of :1:21.72 acres, [Coordinator: Beth Yang, AICP, Principal Planner]
D. CP-2007-5, Petition requesting an amendment to the f.lltill~.il!Kt!.l~ Element and Future I and Use Man and..MAA-SmiM, to create the
Loganllmmokalee Mixed Use Subdistrict to allow a maximum of 260,000 square feet of commercial us&s of the C-1 through C-4 zon-
ing districts, maximum of 60 dwelling units, and agricultural uses, including nursery operations for property located at the southeast
comer of Immokalee Road (CR 846) and Logan Boulevard, in Section 28, Township 48 South, Range 26 East, consisting of:!: 41 acres.
[Coordinator: Corby Schmidt, AICP, Principal Planner]
E. CP-2008-1, Petition requesting an amendment to the .G.~.~rl~!an.jl!l!1J;aQ-'{len GatA Area MastAr Plan l=utUIB Land
U~ Mijp_~, to create the Estates Shopping Center Subdistrict to allow a maximum of 225,000 square feet of commercial
uses of the C-4 zoning district, with exceptions, and some uses of the C-5 zoning district, with requirement to construct agrocery store,
for property located on the north side of Goklen Gate Boulevard extending from Wilson Blvd. west to 3rd Street NOrthwest, in Section
4, Township 49 South, Range 27 East, consisting of :1:40.62 acres. (Coordinator: Michele Mosca, AJCP, Principal Planner]
F. CP~2008-2, Petition requesting an amendment totheGmd.~d.~~.flmEY1YrU.M!!
Use MaD and MapS~ to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional 390,950 square
feet of commercial uses of the C-4 zoning distJict, with exceptions, lor property located on the south side of Randall Boulevard, ex-
tending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27,
Township 48 South, Rallge 27 East, consisting of :1:56.5 acres. [Coordinator: Michele Mosca, AlCP, Principal Planner]
G. CP~2008-3, Petition requesting an amendment totheGi!L~J~llill--'!II!LQQl~~,Plan..EYtum.J..a/]g
~d..M""IL~ to create the Golden Gate Parkway Mixed-Use Subdistrict to allow 1 00,000 square feet of commercial uses
of the C-1 through C-3 zoning distJicts, and residential multi-family use at a base density of 3.55 dwelling units per acre with allowance
for higher density for provision of affordable housing and for conversion of un-built commercial square feet, for property located at the
southwest corner of Golden Gate Parkway and Santa Barbara Boulevard (the site of Naples Christian Academy (NeAl and a church), in
Section 29, Township 49 South, Range 26 East, consisting of :l:20.7t acres. [Coordinator: Leslie Persia, Senior Planner]
H. CP~2008-4, Petition requesting an amendment to the Future I Rnd Use Fl~future I and Use Man Rnd MaD~, to re-des-
ignate from Rural Fringe Mixed-Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of
Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of :1:28.76 acres. [Coordina-
tor: Corby Schmidt, AICP, Principal Planner}
I. CPSP-2008-7, Staff Petition requesting an amendment 10 the Future Land Use Bement to add a new Policy 4.11 pertaining to aligning
planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager]
J. CP-2009-1, Petition requesting an amendment to the f~Use I=hwnentar'lr.t~~~~1.lJEl
E!J.lM1 to create the Dade-Collier Cypress Recreation Area District Within the Conservation Designation, tor properTy located along the
Miami-DadelCollierCounty border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608:!: acres.
[Coordinator: Thomas Greenwood, AlCP, Principal Planner]
All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Comprehensive Planning
Section, 2800 N. Horseshoe Drive, Neples, Rorida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to
these documents should be directed to the Comprehensive Planning Department. (239-252-2400). Written comments filed with the Comprehensive Plan-
ning Section prior to Monday, October 19, 2009, will be read and considered at the public hearing.
If a person decides to appeal any decision made by the ColliEll" County Planning Commission with respect to any matter considered at such meeting or
hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Mark P. Strain, Chaiman
Collier County Planning Commission
ll<>..23l~_
_~9^2iK1l!
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PROPOSING AMENDMENTS TO THE COLLIER COUNTY
GROWTII MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE FUTURE
LAND USE ELEMENT, INCLUDING THE FUTURE LAND
USE MAP AND MAP SERIES, AND THE GOLDEN GATE
AREA MASTER PLAN, INCLUDING THE GOLDEN GATE
AREA MASTER PLAN FUTURE LAND USE MAP AND MAP
SERIES, AND FURTHERMORE TRANSMITTING THESE
AMENDMENTS TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 provides authority for local governments to amend their respective
comprehensive plans and outlines certain procedures to amend adopted comprehensive plans
pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and
WHEREAS, Collier County has prepared plan amendments to the following elements of
its Growth Management Plan:
Future Land Use Element, including the Future Land Use Map and Map Series,
Golden Gate Area Master Plan, including the Golden Gate Area Master Plan Future Land
Use Map and Map Series, and
WHEREAS, the Collier County Planning Commission has considered the proposed
amendments to the Growth Management Plan pursuant to the authority granted to it by Section
163.3174, Florida Statutes, and has made recommendations on said amendments to the Board of
County Commissioners; and
Words underlined are additions; Words strllsl< threllElA are deletions
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
amendments, various State agencies and the Department of Community Affairs (DCA) have
sixty (60) days to review the proposed amendment and DCA must transmit, in writing, to Collier
County, its comments along with any objections and any recommendations for modification,
within said sixty (60) days pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, Collier County, upon receipt of the written comments from DCA must
adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments,
within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and
WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted
Growth Management Plan amendments, must review and determine if the Plan amendments are
in compliance with the Local Government Comprehensive Planning and Land Development Act
of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5,
Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan amendments, attached hereto as Exhibit A and incorporated by reference herein, for the
purpose of transmittal to the Department of Community Affairs thereby initiating the required
State evaluation of the Growth Management Plan amendments, prior to final adoption and State
determination of compliance with the Local Government Comprehensive Planning and Land
Development Regulation Act of 1985 and Rule 9J-5, Florida Administrative Code, Minimum
Criteria for Review of Local Government Comprehensive Plans and Determination of
Compliance.
Words underlined are additions; Words strblsl< thmbl€lh are deletions
2
THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day
of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
, CHAIRMAN
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section Chief
CP-2007-1, CP-2007-2. CP-2007-3, CP-2007-5, CP-200B-1, CP-2008-2, CP-200B-3, CP-200B-4, CPSP-200B-7 and CP-2009-1
GMP Transmittal Resolution
Words underlined are additions; Words etrHsl< tt-lrsl,l!3t-l are deletions
3
CP-2007-1
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
[Page 4]
POlicy 1.1.2
The ESTATES Future Land Use designation shall include Future Land Use Districts and Subdistricts
for:
... ... ... ... ... ... ... ... ... ... ... ...
A. ESTATES - MIXED USE DISTRICT
1. Residential Estates Subdistrict
2. Neighborhood Center Subdistrict
3. Conditional Uses Subdistrict
f. Wilson Boulevard Conditional Uses Subdistrict
4. Golden Gate Parkway Institutional Subdistrict
2. ESTATES DESIGNATION
A. Estates - Mixed Use District
3. Conditional Uses Subdistrict
[Pages 27-32]
... ... ... ... ... ... ... ... ... ... ... ...
f) Wilson Boulevard Conditional Uses Subdistrict
This Subdistrict is located at the southeast corner of the Wilson Boulevard/lmmokalee Road
intersection. It is 5.17 acres in size and has aDDroximatelv 660 feet of frontaoe on Wilson
Boulevard and 330 feet of frontaoe on Immokalee Road. The intent of this Subdistrict is to allow
uses of land that are Dermitted and conditional uses in the Estates Zonino District in the County
Land DeveloDment Code. The develoDment of this Subdistrict throuoh the conditional use
Drocess will be ooverned bv the followino criteria:
1. The maximum oross floor area of all uses shall be limited to 40,000 souare feet.
2. Drivewavs and curb cuts shall be limited to rioht-in/rioht-out turnino movements onlv.
3. Proiects directlv abuttino Estates zoned DroDertv shall Drovide, at a minimum. a 75- foot buffer of
retained native veoetation in which no Darkino or water manaoement uses are Dermitted.. exceDt
that. when abuttino conditional uses no such buffer is reouired.
4. A twentv-five (25) foot wide landscaDe striD shall be Drovided alono the entire frontaoe of both
Immokalee Road and Wilson Boulevard
5. Buildino heiohts shall be limited to two (2) stories and a maximum zoned heioht of thirtY-five (35)
feet.
6. Allliohtino shall be architecturallv desioned and limited to a heioht of twenty-five (25) feet. Such
liohtino shall be shielded from neiohborino residential land uses.
1
Words unde~ined are added: words 61",.1< t~f9"~~ are deleted.
Row of asterisks ('" ... "') denotes break in text.
CP-2007-1
..*
...
...
..*
...
**.
...
...
.**
...
**.
..*
FUTURE LAND USES MAP SERIES
[added next in order]
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
High Density Residential Subdistrict 1989 Boundaries of Activity Center
Downtown Center Commercial Subdistrict
.*.
...
...
..*
...
***
.**
...
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...
***
Commercial Western Estates Infill Subdistrict
Golden Gate Parkway Interchange Conditional Uses Area
Golden Gate Parkway Institutional Subdistrict
Wilson Boulevard Conditional Uses Subdistrict
CP-2007-1 Exhibit A post CCPC - David 12-11-09
G:\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2007-2008 Combined Cycle Pelitions\2007 Cycle Petitions\CP-2007-1 Wilson Blvd
Commercial Subdistrict
2
Words underlined are added; words Qtrcsl( tRrGc9h are deleted.
Row of asterisks (*** *** ***) denotes break in text.
EXHIBIT A
PETITlON CP-2007~01
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EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
Policy 1.1.2.:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
[Page 4]
A. ESTATES-MIXED USE DISTRICT
1. Residential Estates Subdistrict
2. Neighborhood Center Subdistrict
3. Conditional Use Subdistrict
4. Golden Gate Parkway Institutional Subdistrict
5_ Mission Subdistrict
... ..* *** ... .*. ... .** ... ... *.. ..* *.*
[Page 27]
A. Estates-Mixed Use District
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[Page 33]
5. Mission Subdistrict
The Mission Subdistrict is located on the south side of Oil Well Road. approximatelv
one-auarter mile west of Everalades Boulevard. and consists of 21.72 acres. The
purpose of this Subdistrict is to provide for churches and related uses. includina
community outreach. The followina uses are allowed:
a) Churches_
b) Child care centers - must be not-for-profit and affiliated with a church within the
Subdistrict.
c) Private schools - must be not-for-profit and affiliated with a church within the
Subdistrict.
d) Individual and farnilv social services (activity centers. elderlv or handicapped onlv:
dav care centers. adult and handicapped onlv) - must be not-for-profit and
affiliated with a church within the Subdistrict.
e) Medical outreach to the communitv. to include activities such as administerina
influenza vaccine. checkina blood pressure. and conductina blood donation drives
- must be not-for-profit and affiliated with a church within the Subdistrict.
Soup kitchens and homeless shelters are prohibited in this Subdistrict.
The maximum total floor area allowed in this Subdistrict is 90.000 sauare feet. The
rnaximum heiaht of buildinas shall be 30 feet. Develooment in this Subdistrict shall be
1
Words underlined are added; words 8Ir~GI( tAre~>lA are deleted.
Row at asterisks ('" ... "') denotes break in text
CP-2007-3
desianed to be cornpatible with the existina. and allowed future. development in the
surroundina area.
In the alternate to the foreaoina uses. measures of development intensitv. and
development standards. this Subdistrict may be developed with sinale familv dwellinas in
accordance with the Residential Estates Subdistrict.
Property adiacent to this Subdistrict shall not aualifv for the Transitional Conditional Use.
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FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
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Golden Gate Parkway Institutional Subdistrict
Mission Subdistrict
Exhibit A CP-2007-3 revised per cepe recommendation - David 12-10-09
G:\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2007-2008 Combined Cycle Petilions\2007 Cycle Petitions\CP-2007-3 Mission
Subdistrict
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EXHIBIT A
PETITION CP-2007-03
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CP-2008-1
EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
Policy 1.1.2:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
[Page 4]
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B. ESTATES - COMMERCIAL DISTRICT
1. Interchange Activity Center Subdistrict
2. Pine Ridge Road Mixed Use Subdistrict
3. Randall Boulevard Commercial Subdistrict
4. Comrnercial Western Estates Infill Subdistrict
5. Golden Gate Estates Commerciallnfill Subdistrict
6. Estates Shoooina Center Subdistrict
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B. Estates - Commercial District
6. Estates Shoooina Center Subdistrict - Recoanizina the need to orovide
for centrallv located basic aoods and services within a oortion Northern Golden Gate
Estates. the Estates Shoooina Center Subdistrict has been desianated on the Golden
Gate Area Future Land Use Mao.
The Subdistrict is ilocated at the NW corner of Golden Gate Boulevard and Wilson
Boulevard westward to 3rd Street NW and extendina northward to include the southern
180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit
11 of Golden Gate Estates. totalina aooroximatelv 41 acres.
The Estates Shoooina Center Subdistrict is intended to orovide convenient shoooina.
oersonal services and emoJovment for the central areas of Northern Golden Gate
Estates. Commercial develooment in this Subdistrict will reduce drivina distances for
many residents, assist in minimizina the road network reauired. and reduce traffic
imoacts in this area of Collier Countv.
All develooment in this Subdistrict shall comolv with the followina reauirements and
limitations:
Words underlined are added; words ~tr(,lQk thrS(,l>lR are deleted.
Row of asterisks ('** .*. "') denotes break in text.
CP-2008-1
a. Allowable Uses shall be limited to the followina:
1. Amusement and recreation
Grouos 7911 - Dance studios. schools and halls. excludina
discotheaues
7991 - Phvsical fitness facilities
7993 - Coin-ooerated amusement devises
7999 - Amusement and recreation services. not elsewhere
classified. includina only dav carnos. aymnastics
instruction, iudo/karate instruction. soortina aoods rental
and voaa instruction (excludes NEC Recreational
Shootina Ranaes. Waterslides. etc.)
2. Aooarel and accessorv stores (no adult oriented sales)
Grouos 5611 - Men's and bovs' clothina and accessory stores
5621 - Women's clothina stores
5632 - Women's accessory and soecialtv stores
5641 - Children's and infants' wear stores
5651 - Family clothina stores
5661 - Shoe stores
5699 - Miscellaneous aooarel and accessorv stores
3. Automotive dealers and aasoline service stations
Grouos 5531 - Auto and home suoolv stores
5541 - Gasoline service stations. without reoair
4. Automotive reoair. services and oarkina (no outdoor reoair/service. All
reoairs/services to be oerformed bv authorized automotive technician.)
Grouos 7514 - Passenaer car rental
7534 - Tire retreadina and reoair shoos. includina onlv tire
reoair
7539 - Automotive Reo air Shoos, Not Elsewhere Classified,
includina only minor service. lubricatina and diaanostic
service
7542 - Carwashes. as an accessory to convenience stores on Iv
5. Buildina rnaterials, hardware, aarden suooly. and mobile home dealers
Grouos 5231 - Paint. alass. and walloaoer stores
5251 - Hardware stores
5261 - Retail nurseries. lawn and aarden suoolv stores
6. Business services
Grouos 7334 - Photocoovina and duolicatina services
7335 - Commercial ohotoaraohv
7336 - Commercial art and araohic desian
7338 - Secretarial and court reoortina services
7342 - Disinfectina and oest control services
7352 - Medical eauioment rental and leasina
7359 - Eauioment rental and leasina. not elsewhere classified
7371 - Com outer oroaramrnina services
Words underlined are added; words struQI< tRre~~A are deleted.
Row of asterisks ('" ... "') denotes break in text.
CP-2008-1
7372 - Preoackaaed software
7373 - Com outer intearated svstems desian
7374 - Com outer orocessina and data oreoaration and
orocessina services
7375 - Information retrieval services
7376 - Com outer facilities manaaement services
7379 - Com outer related services. not elsewhere classified
7382 - Securitv svstems services
7383 - News svndicates
7384 - Photofinishina laboratories
7389 - Business services. not elsewhere classified
7. Child dav care services (Grouo 8351)
8. Communications
Grouos 4812 - Radioteleohone communications
4841 - Cable and other oav television services
9. Construction soecial trade contractors (office use onlv. no on-site eauioment
storaae)
Grouos 1711 - Plumbina. heatina and air-conditionina
1721 - Paintina and oaoer hanaina industrv
1731 - Electrical work industrv
1741 - Masonrv. stone settina. and other stone work
1742 - Plasterina. drvwall. acoustical, and insulation work
1743 - Terrazzo, tile. marble. and mosaic work industrv
1751 - Caroentrv work
1752 - Floor lavina and other floor work. not elsewhere
classified industrv
1761 - Roofina. sidina. and sheet metal work industrv
1771 - Concrete work industrv
1781 - Water well drillina industry
1791 - Structural steel erection
1793 - Glass and alazina work
1794 - Excavation work
1795 - Wreckina and demolition work
1796 - Installation or erection of buildina eauiornent not
elsewhere
1799 - Soecial trade contractors. not elsewhere classified
10. Deoositolrv institutions
Grouos
6021 - National commercial banks
6022 - State commercial banks
6029 - Commercial banks. not elsewhere classified
6035 - Savinas institutions. federallv chartered
6036 - Savinas I nstitutions. not federallv chartered
6061 - Credit unions. federallv chartered
6062 - Credit unions. not federallv chartered
6091 - Non-deoosit trust facilities
Words underlined are added; words s!FlJsi< tI1Fe(,l!'lR are deleted.
Row of asterisks ('" ... "') denotes break in text.
CP-2008-1
6099 - Functions related to depositorv bankina. not elsewhere
classified
11. Eatina and drinkina places (Group 5812. includina on Iv Iiauor service
accessorv to the restaurant use. no outdoor amplified music or televisions)
12. Enaineerina. accountina. research. manaaemenl. and related services
Groups
8711 - Enaineerina services
8712 - Architectural services
8713 - Survevina services
8721 - Accountina. auditina. and bookkeepina services
8741 - Manaaement services
8742 - Manaaernent consultina services
8743 - Public relations services
8748- Business consultina services, not elsewhere classified
13. Executive. leaislative. and aeneral aovernmenl. except finance
Groups 9111 - Executive offices
9121 - Leaislative bodies
9131 - Executive and leaislative offices combined
9199 - General aovernrnenl. not elsewhere classified
14. Food stores
Groups 5411 - Grocerv stores (minimum 27.000 sauare feet)
5421 - Meat and fish (seafood) markets, includina freezer
provisioners
5431 - Fruit and veaetable markets
5441 - Candv. nul. and confectionerv stores
5451 - Dairv products stores
5461 - Retail bakeries
5499 - Miscellaneous food stores. includina convenience stores
with fuel pumps and carwash
15. General merchandise stores
Groups 5311 - Department stores
5331 - Variety stores
5399 - Miscellaneous aeneral merchandise stores
16. Home fu~niture. furnishinas. and eauipment stores
Groups 5712 - Furniture stores
5713 - Floor coverina stores
5714 - Draperv. curtain. and upholsterv stores
5719 - Miscellaneous home furnishinas stores
5722 - Household appliance stores
5731 - Radio. television. and consumer electronics stores
5734 - Cornputer and computer software stores
5735 - Record and prerecorded tape stores (no adult oriented
sales)
5736 - Musical instrument stores
Words underlined are added; words ctrHQI< throH!,jh are deleted.
Row of asterisks ('" ... ..*) denotes break in text.
CP-2008-1
17. Insurance carriers
Groups
6311 - Life insurance
6321 - Accident and health insurance
6324 - Hospital and medical service plans
6331 - Fire. marine. and casuallY insurance
6351 - SurelY insurance
6361 - Title insurance
6371 - Pension. health and welfare funds
6399 - Insurance carriers. not elsewhere classified
6411 - Insurance aaents
18. Justice. public order and safety
Groups 9221 - Police protection
9222 - Leaal counsel and prosecution
9229 - Public order and safelY. not elsewhere classified
19. Meetina and banauet rooms
20. Miscellaneous retail (no adult oriented sales)
Groups 5912 - Drua stores and proprietarv stores
5921 - Liauor stores (accessorv to arocerv or pharmacv onlv)
5932 - Used merchandise stores
5941 - Sportina aoods stores and bicvcle shops
5942 - Book stores
5943 - StationerY stores
5944 - Jewelrv stores. includina repair
5945 - Hobbv. tov. and aame shops
5946 - Camera and photoaraphic supplv stores
5947 - Gift. novelty. and souvenir shops
5948 - Luaaaae and leather aoods stores
5949 - Sewina, needlework. and piece aoods stores
5992 - Florists
5993 - Tobacco stores and stands
5994 - News dealers and newsstands
5995 - Optical aoods stores
5999- Miscellaneous retail stores. not elsewhere classified
(excludina aravestone. tornbstones. auction rooms.
monuments. swimmina pools. and sales barns)
21. Non-depositorv credit institutions
Groups
6111 - Federal and federally-sponsored credit aaencies
6141 - Personal credit institutions
6153 - Short-term business credit institutions. except
aaricultural
6159 - Miscellaneous business credit institutions
6162 - Mortaaae bankers and loan correspondents
6163 - Loan brokers
22. Offices and clinics of dentist (Group 8021)
Words underlined are added; words QtrlJGI~ tRrSlJ€lR are deleted.
Row of asterisks ('** ... "') denotes break in text.
CP-2008-1
Groups
23. Personal services
7212 - Garment pressina. and aaents for laundries and
drvcieaners
7221 - Photoaraphic studios. portrait
7231 - Beauty shops
7241 - Barber shops
7251 - Shoe repair shops and shoeshine parlors
7291 - Tax return preparation services
7299 - Miscellaneous personal services. not elsewhere
classified. excludina massaae parlors. Turkish baths and
escort services
24. Public finance. taxation. and monetarv policy (Group 9311)
25. Real Estate
Groups
6512 - Operators of nonresidential buildinas
6513 - Operators of apartment buildinas
6514 - Operators of dwellinas other than apartment buildinas
6515 - Operators of residential mobile home sites
6517 - Lessors of railroad propertv
6519 - Lessors of real propertv. not elsewhere classified
6531 - Real estate aaents and manaaers
6541 - Title abstract offices
6552- Land subdividers and developers. except cemeteries
26. Schools and educational services. not elsewhere classified (Group 8299)
27. Security and commodity brokers. dealers. exchanaes. and services
Groups 6211 - Securitv brokers. dealers. and flotation companies
6221 - Commoditv contracts brokers and dealers
6231 - Security and commoditv exchanaes
6282 - Investment advice
6289 - Services allied with the exchanae of securities or
commodities. not elsewhere classified
28. Social services
Groups 8322 - Individual and familv social services (adult dav care
centers only)
8351 - Child dav care services
29. Travel aC/encies (Group 4724)
30. Veterinarv services for animal specialties (Group 0742)
31. Video tape rental (Group 7841. exciudina adult oriented sales and rentals)
32. United states postal service (Group 4311. excludina maior distribution
centers)
Words underlined are added; words str~sl{ tt-1re~€lt-1 are deleted.
Row of asterisks (H' ... "') denotes break in text.
CP-2008-1
33. Anv other principal use which is comparable in nature with the foreaoina list
of permitted principal uses. as determined bv the Board of Zonina Appeals
("BZA") bv the process outlined in the LDC.
b. Accessorv Uses:
1. Accessorv uses and structures customarilv associated with the permitted
principal uses and structures. includina. but not limited to:
a. Utility buildinas
b. Essential service facilities
c. Gazebos. statuarv and other architectural features
c. The followina uses shall be prohibited:
1. Amusement and recreation services. not elsewhere classified (Group 7999.
NEC Recreational Shootina Ranaes. Waterslides. etc.)
2. Air and water resource and solid waste manaaement (Group 9511)
3. Business Services
Groups 7313 - Radio. television. and publishers' advertisina
representatives
7331 - Direct mail advertisina services
4. Correctional Institutions (Group 9223)
5. Drinkina places (alcoholic beveraaes) (Group 5813)
6. Educational services
Groups 8211 - Elementarv and secondarv schools
8221 - Colleaes. universities. and professional schools
8222 - Junior colleaes and technical institutes
8231 - Libraries
7. Health services
Groups 8062 - General medical and suraical hospitals
8063 - Psvchiatric hospitals
8069 - Specialtv hospitals. except psvchiatric
8. Miscellaneous Retail
Groups 5921 - Liauor stores
5961 - Cataloa and mail-order houses
5962 - Automatic rnerchandisina machine operators
9. Personal services
Groups 7211 - Power Laundries. farnilv and cornmercial
7261 - Funeral service and crematories
Words underlined are added; words QtfllQk IRfSI,J(jh are deleted.
Row of asterisks (0" ... "'J denotes break in text.
CP-2008-1
10. Social services
Groups 8322 -Individual and family social services. excludinq adult dav
care centers
8361- Residential care. includinq soup kitchens and horneless
shelters
d. Development intensity shall be limited to 210.000 square feet of qross leasable floor
area.
e. One arocerv use will be a minimum of 27.000 square feet. With the exception of one
qrocerv use. no individual user mav exceed 30.000 square feet of buildinq area.
f. Development within this Subdistrict shall be phased and the followinq commitments
related to area roadway improvements shall be completed within the specified
timeframes:
1. Riqht-of-Way for Golden Gate Boulevard Expansion and Riqht-of-Way for the
Wilson Boulevard Expansion will be donated to the Countv at no cost within 120
davs of a written request from the Countv.
2. The apiplicant will pav its fair share for the intersection improvements at
Wilson Boulevard and Golden Gate Boulevard within 90 davs of Countv request
for reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson
Boulevard are complete. the County shall not issue a Certificate(s) of Occupancv
(CO) for more than 100.000 square feet of development. The applicant must
obtain a C.O. for a qrocerv store as part of this 100.000 square feet. and the
qrocerv store must be the first C.O. obtained.
q. Rezoninq is encouraqed to be in the form of a Planned Unit Development (PUD).
and the rezone ordinance must contain development standards to ensure that all
commercial land uses will be compatible with neiqhborinq residential uses.
A conceptual plan. which identifies the location of the permitted development area and
required preserve area for this subdistrict is attached. The preserve area depicted on
the conceptual plan shall satisfv all comprehensive plan requirements for retained native
veqetation. includinq but not limited to the requirements of Policv 6.1.1 of the CCME. A
more detailed development plan must be developed and utilized for the required PUD
rezoninq.
h. Development standards. includinq permitted uses and setbacks for principal
buildinqs shall be established at the time of PUD rezoninq. Anv future PUD rezone shall
include at a minimum:
(1) Landscape buffers adiacent to external riqhts-of-wav shall be:
. 1 "/3rd Streets- Minimum 30' wide enhanced buffer
. Wilson Boulevard- Minimum 25' wide enhanced buffer
. Golden Gate Boulevard- Minimum 50' wide enhanced buffer
Words underlined are added; words stFwsl( thFGIJ\jh are deleted.
Row of asterisks ('" ... "') denotes break in text.
CP-2008-1
(2) Except for the utility buildina. no commercial buildina mav be constructed within
125 feet of the northern propertv boundary and within 300' of the 3rd Street NW
boundarv of this subdistrict.
(3) Anv portion of the Proiect directlv abuttina residential propertv (propertv zoned
E-Estates and without an approved conditional use) shall provide. at a minirnum.
a seventy-five (75) feet wide buffer. except the westernmost 330' of Tract 106.
which shall provide a minimum 20' wide buffer in which no parkina uses are
permitted. Twenty-five (25) feet of the width of the buffer alona the developed
area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width
shall consist of retained or re-planted native veaetation and must be consistent
with subsection 3.05.07.H of the Collier Countv Land Development Code
(LDC). The native veaetation retention area mav consist of a perimeter berm
and be used for water manaaement detention. Anv newlv constructed berm
shall be reveaetated to meet subsection 3.05.07.H of the LDC (native veaetation
replantina reauirements). Additionallv, in order to be considered for approval.
use of the native veaetation retention area for water manaaement purooses
shall meet ~e followina criteria:
(4) There shall be no adverse impacts to the native veaetation beina retained. The
additional water directed to this area shall not increase the annual hvdro-period
unless it is proven that such would have no adverse impact to the existina
veaetation.
(5) If the proiect reauires permittina bv the South Florida Water Manaaement
District. the proiect shall provide a letter or official docurnent from the District
indicatina that the native veaetation within the retention area will not have to be
removed to complv with water manaaement reauirements. If the District cannot
or will not s'llpplv such a letter. then the native veaetation retention area shall not
be used for water manaaernent.
(6) If the proiect is reviewed bv Collier Countv. the County enaineer shall provide
evidence that no removal of native veaetation is necessarv to facilitate the
necessarv storaae of water in the water manaaement area.
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A. Estates Mixed Use District
[Page 27]
2) Neiahborhood Center Subdistrict - Recognizing the need to provide
basic goods, services and amenities to Estates residents, Neighborhood Centers
have been designated on the Golden Gate Area Future Land Use Map. The
Neighborhood Center designation does not guarantee that commercial zoning
will be granted. The designation only provides the opportunity to request
commercial zoning.
a) The Collier County Land Development Code shall be amended to provide rural
design criteria to regulate all new commercial development within Neighborhood
Centers.
b) Locations
Words underlined are added; words str~61{ lhr-eI,j~R are deleted.
Row of asterisks ('" u, "') denotes break in text.
CP-2008-1
Neighborhood Centers are located along major roadways and are distributed
within Golden Gate Estates according to commercial demand estimates, (See
Map 9). The centers are designed to concentrate all new cornmercial zoning, and
conditional uses, as allowed in the Estates Zoning District, in locations where
traffic impacts can be readily accommodated and to avoid strip and disorganized
patterns of commercial and conditional use development. Four Neighborhood
Centers are established as follows:
. Wilson Boulevard and Golden Gate Boulevard Center.
This center consists of all four three quadrants at the intersection of Wilson and
Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the Center
consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract
18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate
Boulevards is approximately 8.45 acres. The parcels within the NE quadrant
shall be interconnected and share access to Golden Gate Boulevard and Wilson
Boulevard to minimize connections to these two major roadways. The SE
quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres
of commercial development, and allocates 2.15 acres to project buffering and
right-of-way for Golden Gate Boulevard and Wilson Boulevard. The ~J'.'V
quadrant of the Center is apprOldmalely 4.98 acres in size and cOm;iE:tE sf Tract
144, Unit 11 of Golden Gale ~statGs. The SW quadrant of the Center is
approxirnately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden
Gate Estates.
...
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FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
* * * * * * * * * * * * *
Golden Gate Parkway Institutional Subdistrict
Estates ShoDDina Center Subdistrict
Words underlined are added: words 6IFUQ!< t1'lreu!jR are deleted.
Row of asterisks (*" .*. "') denotes break in text.
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LEGEND
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PETITION CP-2008-01
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GOLDEN GATE AREA
FUTURE LAND USE MAP
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EXHIBIT A
PETITION Cp.200B-01A
EST A TES SHOPPING CENTER SUBDISTRICT
Collier County, Florido
~
LEGEND
~ GOLDEN GATE
~ ESTATES
~
SETTLEMENT
AREA
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ESTATES SHOPPING
CENTER SUBDISTRICT
PREPARED BY: GIS/CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: GGI.4P-43-2008-6.DWG DATE: 9/2009
EXHIBIT A
PETITION Cp.2008.01B
WILSON BOULEVARD/GOLDEN GATE BOULEVARD CENTER
Collier County, Florido
~
ADOPTED - SEPTEMBER 10. 2003
(Oed. No. 2003-44)
AMENDED - JANUARY 25. 2007
(Oed. No. 2007-19)
AMENDED - DECEMBER 4. 2007
(Oed. No. 2007-76)
AMENDED - OCTOBER 14, 2008
(Oed. No 2008-59)
LEGEND
~
GOLDEN GATE
ESTATES
~
SETTLEMENT
AREA
I I I
o 1/2 MI. 1 MI.
D
NEiGHBORHOOD
CENTER
PREPARED BY: GIS/CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: GGMP-43-2008-5.DWG DATE: 9/2009
~
IMMOKALEE ROAD
EXHIBIT A
GOLDEN GATE ESTATES
NEIGHBORHOOD CENTERS
Collier County, Florida
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OIL WELL ROAD
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AMENDED - SEPTEMBER 10, 2003
(Ord. No. 2003-44)
AMENDED - OCTOBER 26, 2004
(Ord. No. 2004-71)
AMENDED ~ JANUARY 25, 2007
COrd. No. 2007-19)
AMENDED - OCTOBER 14, 2008
(Ord. No. 2008-59)
PREPARED BY: GIS/CAD MAPPING SECTION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: GGMP-47-200B-2.DWG DATE: 9/2009
PETITION CP-2008.01 C
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EXHIBIT A
GOLDEN GATE AREA MASTER PLAN
2.
ESTATES DESIGNATION
[Page 26]
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B.
Estates - Commercial District
[Page 33]
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3) Randall Boulevard Commercial Subdistrict-
The Randall Boulevard Commercial Subdistrict. containina aDDroximatelv 56.5
acres. is located on the south side of Randall Boulevard and Immokalee Road
(CR-846). extendina from 8th Street NE west to the Corkscrew Canal. +J:\e This
Subdistrict is comprised of the following properties: Tracts 54. 55. 71, 72. 89. 90.
107.108.125.126 and 127. Golden Gate Estates, Unit 23; aREI the iOaot 1e6 leet
of Traot 64, GelEleR Gato iOstates, URit 2:3. ResefilniziRfil the uniElue E1e'/eleIlFl'lent
Ilattorn aREI sharaGteristioG ef surreuREliRg laRa uses, tho This RaRaall Beule'/ard
CeFl'lR'lercial Subdistrict has been designated on the Golden Gate Area Future
Land Use Map and the Randall Boulevard Commercial Subdistrict MaD. 500 Map
-l4 It is the intent of this Subdistrict to Drovide commercial aoods and services to
the surroundina area. DeveloDment intensitv in this Subdistrict shall not exceed
411 .950 sauare feet of floor area.
[Page 35]
All develoDment in this Subdistrict shall comDlv with the followina reauirements
and limitations:
a) TAe Criteria fer tAO 5ul3E1iotrist are as folle'.\'s:
· a. All oomFAorsial development is encouraged to be in the form of a PUD.
. b. Projects directly abutting Estates zoned property shall provide, at a
minimum, a 75-foot wide buffer of retained native vegetation in which no
parking or water management uses are perrnitted; except that, when
abutting conditional uses no such buffer is required.
· c. Shared parking shall be required with adjoining developments whenever
possible.
d. Tract 55 shall onlv be utilized for native Dreservation and water
manaaement areas. The eastern boundarv of Tract 55 shall contain. at a
minimum. a 50-foot wide retained native veaetation buffer.
e. DeveloDment intensity shall be limited to 360.950 sauare feet of floor
area. of which no more than 315,950 sauare feet shall be retail
develoDment. on Tracts 72. 89. 90.107.108.125. 126. 127. and the west
one-half of Tract 54. DeveloDment intensity shall be limited to 20.000
I
Words underlined are added; words etr~GI{ IAr-e~!lA are deleted.
Row of asterisks ('" **. "') denotes break in text.
CP-2008-2
sauare feet of floor area on the east one-half of Tract 54. and 31.000
sauare feet of floor area on Tract 71.
f. Allowable uses shall be limited to all permitted and conditional uses of the
C-4. General Commercial District. in the Collier County Land
Development Code. Ordinance No. 04-41. as amended. except that the
followina uses shall be prohibited:
b) Limitatien of Uses Uses shall 130 IimiteEl to tt-ls 10Ilowin!'J:
. AuteFRobile Servioe Station;
,. Qarscr &. BeakJPl ~ho~g;
. COA\'OAieAGO Stores;
. Drl,j!j Stores;
. Fees M3.rhets;
., FlJ.rdware Stares;
. Lal,jnElrios Self SeNise Only;
. Parl{s, Puolis Sf Pri'/afe
. Post Officos anEl Prolessienal Olfises;
,. ~8p~.ir Sheps Raai0, T\/, aFR:l1I .^.f)f)IiJ.AS0S and SAsse;
. Roslal,jrants, insll,jding fast foeEl rostal,jrants Dl,jt not drive in
rostal,Jrants
. St-lOppiR!j Contor
. Veterinary Clinios with no eutsiEle keRRsling.
. Tire Dealers. Automotive Retail (Group 5531\
. Automotive Parkina (Group 7521\
. Communication Services (Group 4899)
. Drinkina Places (Group 5813)
. Fishina Piers (GrouP7999)
. Glass and Glazina work (Group 1793)
. Health SeNices (Groups 8059-8069)
. Specialty Outpatient Facilities (Group 8093)
. Houseboat Rental. Lakes Operations, Party and Pleasure Boat
rental (Group 7999)
. Laroe Appliance repair seNice (Group 7623)
. Marinas (aroup 4493 and 4499)
. Miscellaneous Repair SeNices (Groups 7622-7641, 7699)
. Liauor Store. unless operated bv Grocery Retailer (Group 5921)
. Used Merchandise Store (Group 5932)
. Automatic Merchandisina Machine Operators (Group 5962)
. Direct Sellina Establishment (Group 5963)
. Escort Services. Massaae Parlors. Tattoo Parlors, Turkish Baths.
Weddina Chapels (Group 7299)
. Bettina Information SeNices. Bath Houses. Billiard Parlors.
Bookies and Bookmakers. Cable lifts. Carnival Operation. Circus
Companies. Fortune Tellers. Go-cart racina operation. Off-track
bettina. Pina Pona Parlors. Rodeo Animal Rentals. Rodeos.
Shootina Ranaes. Trapshootina Facilities (Group 7999)
2
Words underlined are added; words strusl( tRreU!ilR are deleted.
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GOLDEN
FUTURE LAND
GATE AREA
USE MAP
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IMMOIV.LEE )lOAD
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. Parole offices. Probation offices. Public welfare centers. refuaee
services. settlement houses (Group 8322)
. Tow-in parkina lots (Groups 7514. 7515. 7521)
. Animal Specialtv Services (Group 0752)
a. At time of rezonina, consideration shall be aiven to imposina appropriate
restrictions on the amount of development allowed in this Subdistrict prior
to discontinuance and relocation of the Bia Corkscrew Island Fire Station
and Florida Division of Forestrv fire tower uses.
h. [Placeholder for transportation mitiaation reauirementsl
CP-2008-2 Exhibit A per CCPC - David 12-11-09
G:\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2007-2008 Combined Cycle Petitions\2008 Cycle Petitions\CP-2008-2
Randall Blvd Com Subdistrict
3
Words underlined are added; words Etr~Qk tRre~!JR are deleted_
Row of asterisks ('" '" "') denotes break in text.
EXHIBIT A
PETITION CP-2008-02A
RANDALL BOULE V ARD COMMERCIAL SUBDISTRICT
Collier County, Florida
IMMOKALEE
LEGEND
AMENDED - SEPTEMBER 10. 2003
(Ord. No. 2003-44)
AMENDED - JANUARY 25. 2007
(Oed. No. 2007-19)
~
GOLDEN GA IT
ESTATES
~
SETTLEMENT
AREA
I I I
o 1/2 MI. 1 MI.
PREPARED BY: GIS/CAD ~APPING SEC'fION
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
FILE: CP-2008-28.DWG DATE: 9/2009
CPSP-2008-7
EXHIBIT A
FUTURE LAND USE ELEMENT
[Page 15-16]
OBJECTIVE 4:
In order to improve coordination of land uses with natural and historic resources, public
facilities, economic developrnent, housing and urban design, the Future Land Use
Element shall be continually refined through detailed planning. Future studies might
address specific geographic or issue areas. All future studies must be consistent with
the Growth Management Plan and further its intent.
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Policy 4.11
In the next Evaluation and Appraisal Report (EARl. due January 1. 2011, Collier County
will identifv as an issue to be addressed. the need to alian dates within the various
elernents of this arowth manaaernent plan. This will include. but mav not be limited to.
the plannina time frame for the Future Land Use Map. the Rural Lands Stewardship
Area Overlav. and Transportation Element lona ranae rnaps. Necessary amendments to
achieve the alianment of dates will be included in the EAR-based amendments to the
Plan.
[Page 18]
Words underlined are added; words QlrlJsl\ tFimlJ!lR are deleted.
Row of asterisks ('" ... "') denotes break in text.
1
CP-2008-4
Exhibit A
FUTURE LAND USE ELEMENT
V. OVERLAYS AND SPECIAL FEATURES
B. North Belle Meade Overlay
[Page 87]
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4. SENDING AREAS
Within the NBM Overlay are :I: 4;a98 4,569 acres of land that are identified as Sending
Areas for the transfer of development rights that are located in the western, eastern and
southern portion of the study area. The Sending Areas consist of the NRPA lands and :1:5
and % sections west of the NRPA. The sending areas are locations where residential
development is discouraged. Endangered and threatened species are located within the
Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the
protection of endangered and threatened species including the protection of habitat are
primary planning considerations in this area.
[Page 96]
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5. NEUTRAL LANDS
Within the NBM Overlay there are :I: +,200 1.309 acres of land that are identified as Neutral
Areas. The Neutral Areas consist of two Yo sections located at the northeast corner of this
OverlaYaRG" Section 24 located in the northwest portion of this Overlay, and aooroximatelv
29 acres located in Section 31. The preservation standards for Neutral Lands shall be those
contained in CCME Policy 6.1.2 for Neutral Lands. The County has performed an RCW
study for Section 24 and, if the results of the study warrant, the Plan will be amended.
[Page 96]
Words underlined are added; words ElrblGI{ tRrElbl!jR are deleted.
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EXHIBIT A
FUTURE LAND USE ELEMENT
[Page 15-16]
OBJECTIVE 4:
In order to improve coordination of land uses with natural and historic resources, public
facilities, economic development, housing and urban design, the Future Land Use
Element shall be continually refined through detailed planning. Future studies might
address specific geographic or issue areas. All future studies must be consistent with
the Grow1h Management Plan and further its intent.
...
*.*
...
*..
...
***
*..
..*
...
.*.
...
...
Policv 4.11
In the next Evaluation and Appraisal Report (EAR). due January 1, 2011. Collier Countv
will identifv as an issue to be addressed. the need to alion dates within the various
elements of this orow1h manaoement plan. This will include. but mav not be limited to.
the plannino time frame for the Future Land Use Map. the Rural Lands Stewardship
Area Overlav. and Transportation Elernent lone ranoe maps. Necessary amendments to
achieve the alionment of dates will be included in the EAR-based amendments to the
Plan.
[Page 18]
Words underlined are added; words Elr~sl{ IRr-ebl[lR are deleted_
Row of asterisks ('" ... "') denotes break in text.
1
CP-2009-1
EXHmlT A
FUTURE LAND USE ELEMENT
Policy 1.4: [FLUE page 12]
The CONSERVATION Future Land Use Designation shall include a Future Land Use District.
A. DADE-COLLIER CYPRESS RECREATION AREA DISTRICT
IV. CONSERVATION DESIGNATION
[FLUE page 86]
..*
..*
***
...
.**
...
..*
..*
...
.**
*.*
*..
[3rd paragraph]
Natural resource protection strategies and standards for development in the Conservation
Designation are found in the Conservation and Coastal Management Element and the County's
Land Development Regulations. The Conservation Designation will accommodate limited
residential development and future non-residential uses. The following uses are authorized in
this Designation, but mav not be permitted in all Districts, and mav be subiect to specific criteria.
conditions. and development standards than those listed below.
..*
.**
..*
.**
.**
...
..*
.**
**.
..*
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A. Dade-Collier Cypress Recreation Area District [FLUE page 87]
The Dade-Collier Cvoress Recreation Area District encompasses approximately 1.608 acres of
land located within Sections 13. 14. 15. and 16 of Township 53 South. Range 34 East. adjoining
the Miami-Dade/Collier Countv line north of U.S. Highwav 41 and south of the runway of the
Dade-Collier Training and Transition Aimort. and within the Big Cvoress Area of Critical State
Concern (ACSC). All lands within this District are entirelv owned bv Miami-Dade Countv and
include wetlands. cvpress and hardwood forests. and five man-made lakes.
The primarv pumose of this District is to enhance the existing natural resources while providing
for an appropriate level of recreational uses beneficial to the countv and the region.
The uses allowed within this District. with limitations specific to this District. provided there is a
prohibition from operation during the peak wet season and the peak dry season in conformance
with an approved adaptive comprehensive management plan as set forth herein to be approved at
the time of rezone, are as follows:
a. Visitors' center building - for administrative offices. orientation area. meeting room.
and restrooms - not to exceed 2.400 square feet:
b_ Parking lot - not to exceed 80 passenger vehicles and associated trailers:
c. Primitive Camping - not to exceed 10 acres:
d. Recreational vehicle camping - not to exceed 10 acres:
e. Fishing piers and docks - not to exceed 300 acres:
Words underlined are added; words Qtr-usl, threugR are deleted_
Row of asterisks ('" *.. "') denotes break in text.
CP-2009-1
f. Multi-use trails for pedestrians and bicvcles;.. wildlife viewing platforms and
overlooks - not to exceed 45 acres and 10 miles of trails;
g. Archery range - not to exceed 10 acres);
h. Off highwav vehicles (ORY) - not to exceed 15 acres and 15 miles of trail length and
limited to use on improved trails; and
L Other uses as allowed in the Conservation Designation.
Development within this District. except for trails. shall be concentrated within alreadv disturbed
area within the western portions of the site. primarilv in Section 16. All development shall
complv with the Area of Critical State Concern Overlav standards. except for Section 1. Site
Alteration. standard d. which prohibits destruction or alteration of mangrove trees. salt marsh
grasses. and all wetland plants listed bv the Florida Department of Environmental Regulation in
Chapter 17-301. Florida Administrative Code. as amended.
The drainage and storm water management svstems for this District shall be designed to be
compatible with environmental site assessments. development and mitigation strategies.
environmental enhancements and regulatory requirements. Site development shall restore/realign
existing trails previouslv created bv swamp buggies that traverse the site primarilv in an
east/west direction. Lake edges mav be improved with a shallow littoral zone where determined
appropriate.
At the time of rezoning. an adaptive comprehensive management plan shall be provided that
includes;
.L ORY uses as defined in ES. 261.03 and 261.20 for operation of ORYs on public
land. These specifications shall address vehicle and tire size. noise control.
prohibition of certain ORY tvpes (e.g. tracked vehicles). prohibition of devices
affixed to tires (e.g. tire chains). ORY's for this site shall be limited to ATVs and
motocross vehicles. Swamp buggies are prohibited.
2. An ORY inspection program and vehicle registration program.
1. Provisions to demarcate site boundaries.
4_ Definitive location of all proposed uses - campsites. parking areas. archery range.
ORY trails and trail access points. pedestrian and bicvcle trails. etc.
.i, Development intensitv limitations - maximum number of RY and primitive camping
sites. cap on number of ORY users dailv. etc.
6. Monitoring provisions to ensure ORY compliance.
7. Enforcement program for compliance with all site/park restrictions and limitations.
~ Specification of periods of operation. especiallv for ORY s - dailv hours of operation.
periods of closure (e.g. high water. fire threat. hurricane threat), seasonal restrictions
or closure.
9_ Monitoring for detrimental impacts upon listed species.
10. Restoration plan for presentlv disturbed portions of the site not to be utilized (e.g.
most of the existing ORY trails). and creation of littoral zones for all lakes where
deemed appropriate.
11 Demonstration of compliance with the ACSC limitations (e.g_ maximum site
alteration of 10%). except for Section l.d.. as provided above.
Words underlined are added; words struQk thre~(lh are deleted_
Row of asterisks (H' ... ''') denotes break in text.
CP-2009-1
FUTURE LAND USE MAP SERIES
[FLUE page 124]
Future Land Use Map
Mixed Use & Interchange Activity Center Maps
...
.**
...
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..*
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Livingston RoadlEatonwood Lane Commercial Infill Subdistrict Map
Livingston Road Commercial Infill Subdistrict Map
Dade-Collier CVDress Recreation Area District MaD
Exhibit A CP-2009-1 revised per cepe recommendation - david 12-10-09
G:IComprehensive\COMP. PLANNING GMP DATAIComp. Plan Amendments\2009 Cycle PetitionsICP-2009-1 Dade-Collier Cypress Recreation ArealExhibitA
CP.2009-01
Words underlined are added; words vtFLWj( thFa~gh are deleted_
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STANDARD LANGUAGE FOR GMPA STAFF REPORTS
1. Comprehensive Plan Amendment - Statutory Data and Analvsis Reauirement
Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Government
Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land
Development Regulations and Determinations of Compliance" sets forth the minimum data and
analysis requirement for comprehensive plan amendments. More specifically, Section 9J-5.005
"General Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2)
"Data and Analysis Requirements."
Sub-section 9J-5.005(2) states in part that "All goals, objectives, standards, findings and
conclusions within the comprehensive plan and its support documents, and within plan
amendments and its support documents, shall be based upon relevant and appropriate data
and analysis applicable to each element. To be based upon data means to react to it in an
appropriate way and to the extent necessary indicated by the data available on that particular
subject at the time of adoption of the plan or plan amendment at issue. . . the Department will
review each comprehensive plan [amendment] for the purpose of determining whether the plan
[amendment] is based on data and analyses described in this Chapter and whether data were
collected and applied in a professionally acceptable manner."
It is incumbent upon all applicants requesting comprehensive plan amendments to provide
supporting data and analyses in conjunction with any relevant support documents. It is not the
responsibility of Collier County staff to generate data and analysis for the applicant, rather it is
staff's responsibility to review and analyze the petitioner's data and analysis for accuracy,
applicability, professional acceptability, sound methodology, etc. Any outstanding deficiencies or
other issues with respect to data and analyses that may remain at the time of any requisite public
hearing are the responsibility of the applicant. An evaluation of the adequacy of the data and
analysis for the subject plan amendment is set forth herein.
2. Growth Manaaement Plan Vision
Stated succinctly, the purpose and function of the GMP is to guide and direct development to the
appropriate locations, at the appropriate densities and intensities; provide for the protection of
lands and natural resources not suitable or appropriate for development; and, provide for
adequate infrastructure and services for the allowed development. The GMP represents the
vision of the Collier County community, collectively. In that sense, a GMP amendment petition is
a request to alter that vision.
State law requires local governments - with public involvement - to evaluate their GMP every
seven years (EAR, Evaluation and Appraisal Report); in large part, the purpose is to determine if
the community.s collective vision is being fulfilled or if that vision has changed. Subsequently, the
GMP must be amended to address issues raised in the EAR_ State law also provides for (allows)
amendments to the GMP no more than twice each year, with numerous exceptions_
Each of the private sector petitions in the 2007-2008 combined cycle seeks to amend the Future
Land Use designation on a specific property. Each petitioner has the burden of demonstrating
there is a need for the amendment - a need for more lands designated to accommodate the
proposed development (commercial, for most), that the subject site is an appropriate location for
that need to be fulfilled, that infrastructure impacts as a result of the amendment are acceptable
or mitigation is provided for - AND of demonstrating how this petition furthers the community's
vision or how/why the existing Future Land Use designation is no longer appropriate or feasible.
The fact that the petitioner owns the subject site or has control of it is not a relevant
consideration; it does not demonstrate appropriateness of location, or need, for the proposed
development, nor inappropriateness of the existing FLUM designation. And, just because state
law allows GMP amendments doesn't mean they should be approved.
3. Golden Gate Area Master Plan laoolicable to GGAMP oetitions onlvl
When the GMP was adopted in 1989, Policy 4_1 of the Future Land Use Element required the
preparation and adoption of a "detailed Sector Plan for Golden Gate Estates" by August 1991.
However, a BCC-appointed Citizens Steering Committee began meeting in October 1988. The
GGAMP was prepared by staff, but with the Committee identifying issues and concerns, refining
those issues, and recommending alternative courses of action and providing specific
recommendations on the objectives to include_ Major issue areas included; conditional uses;
commercial in Golden Gate Estates; commercial along the CR-951 (Collier Blvd.) corridor;
commercial in Golden Gate City. The Committee and staff met regularly for a total of 18 times, all
meetings open to the public. Two public workshops were held. A brochure was prepared
detailing the issues identified and alternatives developed; it included a mail-back questionnaire to
allow citizens to identify their preferred alternatives_ After the Committee meetings, workshops
and evaluation of questionnaires received, the Committee and staff finalized their
recommendations. The draft GGAMP then went through Transmittal and Adoption hearings and
was adopted on February 5,1991. It is applicable to Golden Gate Estates (GGE), Golden Gate
City, and the Rural Settlement Area (originally platted as North Golden Gate).
One of the most significant changes for GGE was the establishment of locational criteria for
conditional uses. Under the countywide FLUE, there was no restriction on location - just as
existed for the Urban-designated area_ The GGAMP imposed stringent locational criteria as well
as parcel size limitations - generally, maximum of 5 acres. Another significant change was the
establishment of Neighborhood Centers to accommodate commercial development, each located
at a "major" intersection (same location as today - Pine Ridge Rd.lCollier Blvd_; Golden
Gate/Wilson Blvds_; Golden Gate/Everglades Blvds_; Immokalee Rd.lEverglades Blvd.). The four
Centers were limited in size, typically 5 acres per quadrant; included stringent development
standards in effort to maintain the semi-rural character of the Estates; and, limited uses to those
allowed in the C-1 thru C-3 zoning districts.
In 1997, amendments were adopted to the GGAMP (and other Elements) based upon the 1996
EAR. Compared to the 1991 GGAMP, the amendments relative to GGE were not significant.
In 2001, the BCC directed staff to update the GGAMP and appointed a GGAMP Re-study
Committee to assist staff. The Committee met 31 times over a two year period, all meetings open
to the public and most with some public in attendance. The Committee's recommendations were
reflected in amendments to the GGAMP adopted in 2003 and 2004. Relative to GGE, these
amendments included: creation of a new commercial subdistrict, at the Collier Blvd/,Vanderbilt
Beach Rd. intersection; re-establishment of the Neighborhood Centers east of Collier Blvd. that
had been previously removed per BCC direction; modification and expansion of development
standards/requirements for Neighborhood Centers, including addition of a list of prohibited uses;
addition of policies relative to the rural character of GGE, including a lighting restriction; creation
of a new provision for conditional uses adjacent to Neighborhood Centers; creation of a new site-
specific allowance for conditional use in GGE along Golden Gate Parkway; elimination of the
provision for conditional uses along Golden Gate Parkway in GGE and replacement with an
explicit prohibition of conditional uses along that corridor, except for the one site-specific
allowance; and, addition of a policy explicitly prohibiting new commercial zoning in GGE along
Golden Gate Parkway as well as on abutting streets that access Golden Gate Parkway_
2
The vision of the GGAMP for commercial development remains the same today as when adopted
in 1991: small scale, neighborhood commercial uses; stringent development standards in effort to
maintain the semi-rural character of Golden Gate Estates; limited locations, depicted on the
FLUM, as supported by the Golden Gate Estates community collectively through specific,
comprehensive study of the Golden Gate Estates area (the 1991 effort to first create the GGAMP,
the 1996 EAR process, then the GGAMP Restudy process).
Since the GGAMP was adopted in 1991, there have been six GMP amendments approved to add
new, or expand existing, commercial subdistricts in GGE, and three GMP amendments approved
to add new locations for institutional (conditional) uses in GGE. The first of these petitions was
approved in 1998 and the last in 2008. As of completion of the 2006 cycle of GMP amendments,
another six GMP amendment petitions for property in GGE have been filed but either denied or
withdrawn_
For the 2005 cycle of GMP amendments located east of Collier Blvd., staff reports contained the
following statement and concern:
"East of Countv Road 951 Studv_ This study, presently underway, is examining
infrastructure and land use issues and needs, including commercial land, and
providing an overall calculation of land use needs within the area of Collier County,
east of County Road 951 (Collier Boulevard). It may be premature to designate
the subject property commercial before the East of 951 Study is completed."
Authors of those staff reports were amiss in their expectations of the East of CR951 Infrastructure
and Services Horizon Study's land use component That Study did not address the following
components with a high level of specificity;
. Desired location of commercial and other non-residential development (same as present
GGAMP? Other locations, if so, where?);
. Intensity of use of that development (same as present GGAMP? Greater intensity - C-4
and/or C-5 uses - or lesser intensity?);
. Magnitude and scale of that development (same as present GGAMP? greater or lesser
acreage of sites? Greater allowed square feet of buildings?);
. Development standards and character desired for that development (same semi rural
character as present GGAMP? Or lesser, more urban standards?)_
Similarly, staff today has concerns about the continued piecemeal approach to planning in GGE,
driven by the private sector based, at least in part, upon property ownership or control, rather
than the collective desires of the GGE community. Staff believes it appropriate and desirable to
comprehensively plan for the continued development of GGE, particularly provisions for
commercial and other non-residential development To that end, staff will be proposing to identify
in the next EAR, due January 1, 2011, a need for another re-study for GGE. Such are-study
could address the above-identified components, and any desired changes could subsequently be
proposed as GMP amendments.
4. 2008 Leaislation .. HB 697
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1,
2008. Some key phrases in the le9islation include: "discouragement of urban sprawl";
"greenhouse gas reduction strategies"; "transportation strategies to address reduction in
greenhouse gas emissions from the transportation sector." Among other things, House Bill 697
requires certain amendments to the Growth Management Plan (future land use element and map,
housing element, transportation element, conservation and coastal management element) which
3
would be initiated by Collier County. However, in the interim (and perhaps beyond), each GMP
amendment petition should include data and analysis to demonstrate how it discourages urban
sprawl and reduces greenhouse gas emissions. DCA (Florida Department of Community Affairs)
will be reviewing GMP amendments for compliance with this legislation.
Below are excerpts from "The Role of Local Land Use and Transportation Planning in Reducing
GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom Pelham, Esq., AICP.
This helps to explain the rationale for the legislation and what DCA expects in reviewing GMP
amendments.
I. Introduction: The Problem
A_ About 36% of carbon dioxide emissions in Florida are produced by the Transportation Sector.
B. Ofthese emissions, about 83% come from vehicular travel.
C. A key factor is the extent of the vehicle miles traveled (VMT).
D. DOT projects that by 2050 VMT will increase 173% based on current trends.
E. We must reduce VMT in order to reduce GHG from the Transportation Sector.
F. Local Land Use and Transportation Planning will playa critical role in reducing VMT.
II. RB 697: Enhanced Local Planning to Reduce VMT and GRG
A. RB 697 Amended Ch. 163, F.S., to Establish New Local Planning Requirements_
B. Future Land Use Element - based on data and studies that demonstrate:
I. Discouragement of urban sprawl;
2. Energy efficient land use patterns that account for existing and future electric power
generation and transmission systems;
3. Greenhouse gas reduction strategies.
III. When Mnst Governments Comply with the New Requirements?
A. The New Requirements Went into Effect on July 1,2008, when HB 697 Became Law.
B. DCA will apply the New Requirements to Plan Amendments Transmitted After July I, 2008, for
aRC Review as follows:
I. FLUM Amendments must be Supported by Data and Analysis Relating to Urban Sprawl,
Energy Efficient Land Use Patterns and GHG Reduction Strategies.
2. FLUE Text Amendments with Significant Potential to Impact Development Patterns Must
Comply with the New Data and Analysis Requirements.
3. Major Textual Amendments to TransportationlTraffic Elements and Large FLUM
Amendments must Address new GHG Reduction Requirements.
C. Local Governments must comply with all New Requirements NO Later Than DUE DATE of
EAR-Based Amendments.
IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and GRG?
[a list was provided of a dozen resources]
V. This literature discusses transportation and land use planning strategies to reduce VMT and
GRG.
A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their Cars)_
B. Planning for Alternative Modes of Travel - Walking, bicycling and transit.
C. Planning for More Compact Mixed-Use Development
I. A mix of residential, commercial, and recreational uses in close proximity to Employment
Centers.
2. Encourages Walking and Bicycling_
3. Supports Transit.
4. Reduces Nwnber and Length of Automobile Trips_
4
D. Planning for Higher Densities in Appropriate Places
I. Higher Density Development has Smaller Carbon Footprint.
2. A Blended Average Density 00 units/acre is Sufficient.
3. Transit-Oriented Development - Cluster Higher Density Around Transit Stops.
GMPA Standardized Staff Report Language
G:\Comprehensive\COMP. PLANNING GMP DATA\Comp. Plan Amendments
dwl9-28.Q9
5
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
c:::;oJ;ff':-r <::;::ou.n:l;y
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: OCTOBER 19, 2009
RE: PETITION NO. CP-2007-1, WILSON BOULEVARD COMMERCIAL SUBDISTRICT
GROWTH MANAGEMENT PLAN AMENDMENT
[TRANSMITTAL HEARING]
Coordinator: Corby Schmidt, AICP, Principal Planner
AGENT/APPLlCANT/OWNERS:
Agents: Ron Nino, AICP
Vanasse DayJor
12730 New Brittany Boulevard, Suite 600
Fort Myers, Florida 33907
Bruce Anderson, Esq., Attorney at Law
Roetzel & Andress
850 Park Shore Drive
Naples, Florida 34103
Applicant and Owner:
Ismael Gonzalez
811 Fourth Street, SE
Naples, Florida 34117
GEOGRAPHIC LOCATION:
The Subdistrict site contains 5.17 acres and is located at the southeast corner of the Immokalee Road
(CR 846) and Wilson Boulevard intersection. The property has approximately 660 feet offrontage on
Wilson Boulevard and 330 feet of frontage on Immokalee Road. The property lies within the Rural
Estates Planning Community, in Section 27, Township 48 South, Range 27 East, Collier County,
Florida. (See aerial and zoning maps on next page)
-1-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
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REQUESTED ACTION:
This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) text, and the Golden Gate
Area Future Land Use Map and Map Series by:
1. Amending Policy 1.1.2 of the Estates .. Commercial District to add the Wilson Boulevard
Commercial Subdistrict
2. Amending the Estates - Commercial District to add the proposed Subdistrict language; and
3. Amending the Future Land Use Map to add this new Subdistrict, creating a new Future Land
Use Map series inset map depicting this new Subdistrict and adding this new Subdistrict map
the Table of Contents, List of Maps_
The petitioner's proposed text changes, shown in strike-through/underline format, are as follows:
Words underlined are added, words strllElI( tllrellgll are deleted.
B. ESTATES - COMMERCIAL DISTRICT
Wilson Boulevard Commercial Subdistrict
[New Text, Page 38]
This Subdistrict is located at the southeast corner of the Wilson Boulevardllmmokalee Road
intersection. It is 5.17 acres in size and has aooroximatelv 660 feet of frontaae on Wilson Boulevard
and 330 feet of frontaae on Immokalee Road. The intent of this Subdistrict is to allow uses of land
that aenerally function 10 serve residents who live within two to three miles of the subiect site and
incidentallv Dasserbv traffic when subiect site is situated on an intra-county major arterv such as
Immokalee Road CR 846. The develooment of this Subdistrict shall be aovemed by the followina
criteria:
a. Develooment is encouraaed to be in the form of a Planned Unit Develooment (PUDI.
b. A unified olanned develoomenl with a common architecturallheme. shared access and cross
access aareements shall be develooed.
.. 2-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
c. The maximum aross leasable floor area of all uses shall be limited to 40.000 sauare feet.
d. Develooment shall be limited to those allowed in the C-1. Commercial Professional and
General Office District. C-2. Commercial Convenience District. and C-3 Commercial
Intermediate District both oermitted and conditional. as contained in the Collier County Land
Develooment Code.
e. Drivewavs and curb cuts shall be limited to riaht-in/riaht-out tumina movements only.
t. Proiects directlv abuttina Estates zoned orooertv shall orovide. at a minimum. a 75-foot buffer
of retained native veaetation in which no oarkina or water manaaement uses are oermitted:
exceot that. when abuttina conditional uses no such buffer is reauired.
9. A twenlY-five (25) foot wide landscaoe strio shall be orovided alona the entire frontaae of both
Wilson Boulevard and Immokalee Road.
h. Buildina heiahts shall be limited to two (2) stories and a maximum of thirty-five (35) feet.
L. All liahtina shall be architecturallY desianed and limited to a heiaht of twenlY-five (25) feet.
Such liahtina shall be shielded from neiahborina residential land uses.
BACKGROUND AND PROJECT DESCRIPTION:
This proposal intends to establish the 'Wilson Boulevard Commercial Subdistricf' in the GMP Golden
Gate Area Master Plan to allow new commercial development. The petition describes a project
providing up to 40,000 sq. ft. of gross leasable floor area for office, retail, and personai services
typically found in the C-1, Commercial Professional and General Office, through C-3, Commercial
Intermediate, zoning districts.
The following is a summary of the background of the Golden Gate Estates neighborhood centers and
commercial subdistricts.
Historv of Citizen ParticiDation and AdoDtion of the "Golden Gate Area Master Plan" bY the
Board of County Commissioners:
The Golden Gate Estates 'Neighborhood Centers' and 'Commercial Subdistricts', are components of
the Golden Gate Area Master Plan, an element of the Collier County Growth Management Plan.
The GGAMP was adopted within the context of the following, which is an excerpt from the Master
Plan's Introduction section:
"As part of the revised Growth Management Plan, the County adopted the original Golden Gate Area
Master Plan (GGAMP) in 1991. The GGAMP was further revised in 1997. The Golden Gate Area
Master Plan provides growth management regulations for the designated Golden Gate Area.
The Golden Gate Area was previously subject to the regulations outlined in the County's Future Land
Use Element (FLUE). However, in 1991, the unique characteristics of the area resulted in adoption of
a Master Plan for Golden Gate, as a separate Element of the Collier County Growth Management
Plan. This Master Plan superseded former Objective 1, Policy 1.1, and Policy 1.3 of the FLUE. All
other Goals, Objectives, and Policies contained in the FLUE and all other Elements of the Growih
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Management Plan remain applicable to the Golden Gate Area. In addition, the Golden Gate Area
Future Land Use Map will be used Instead of the County-Wide Future Land Use Map.
In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal Report
(EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-15,
which adopted the original Golden Gate Area Master Plan, was repealed and a new Ordinance 97-64
was adopted_
In February of 2001, the Board of County Commissioners directed staff to initiate a restudy of the
Golden Gate Area Master Plan. Accordingly, in June of 2001, Comprehensive Planning Section Staff
requested that the Board appoint an advisory committee, consisting of residents of Golden Gate City
and Golden Gate Estates, to aid Staff in the restudy process. The Golden Gate Area Master Plan
Restudy Committee met on over twenty (20) occasions, between June 2001 and June 2003, to
consider proposed amendments to the GGAMP, as well as other matters related to the Golden Gate
Area. All meetings were open to the public, [and] many of these meetings were well attended. The
evaluation and determination of the appropriateness of commercial subdistricts and neighborhood
centers were a focal part of the restudy process.
The restudy process was divided into two phases. The County transmitted Phase One amendments
to the Florida Department of Community Affairs in April 2003. These amendments were adopted, as
Ordinance 2003-44 in September 2003. Phase II amendments were adopted in October, 2004, as
Ordinance 2004-71."
These studies specifically asked residents and stakeholders about what amount and location of non-
residential development should be planned and accommodated. The study also examined the spatial
distribution of neighborhood centers and commercial subdistricts. Respondents recognized the need
for additional non-residential development in the estates and identified additional locations to plan for
these land uses. The new locations selected did not include an area at or surrounding the Wilson
Boulevard-Immokalee Road intersection.
GGAMP Restudy Committee did not recommend commercial development at this location.
SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION:
Subiect Site:
The subject property is undeveloped, currently zoned E, Estates and comprises 5.17 acres. The
current Future Land Use Designation is Estates - Mixed Use District, Residential Estates Subdistrict.
The present Estates - Mixed Use District, Residential Estates Subdistrict designation allows single-
family residences at a density of 1 dwelling unit per 2.25 gross acres, or legal nonconforming lot of
record, non-residential uses (e.g. parks, open space and recreational uses, essential services, group
housing, schools and school facilities), and certain conditional uses. Some of these uses are subject
to locational criteria as found in the Conditional Uses Subdistrict of the Estates - Mixed Use District.
The existing Future Land Use Designation allows for viable uses on the subject site. Allowable uses
presently include residential development, family care facilities, limited recreation and open space
uses, public schools, and essential services.
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Surrounding Lands:
N - ZONING: E, Estates;
EXISTING LAND USE: Across Immokalee Road, a 6-lane divided arterial roadway, and an
east-west drainage canal, are undeveloped single-family residential lots; single-family
residences lie to the northwest and northeast;
FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates
Subdistrict.
S- ZONING: E, Estates;
EXISTING LAND USE: Undeveloped single-family lot;
FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates
Subdistrict.
E- ZONING: E, Estates;
EXISTING LAND USE: Undeveloped single-family residential lots;
FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates
Subdistrict.
w- ZONING: E, Estates;
EXISTING LAND USE: Across Wilson Boulevard, a 2-lane undivided collector roadway, is an
undeveloped single-family residential/ot;
FLUM DESIGNATION: The current Future Land Use Designation is Residential Estates
Subdistrict.
In summary, the current zoning and, existing and planned land uses in the area immediately
surrounding the subject property are Estates-type residences or residential lots in all directions.
STAFF ANALYSIS:
Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind the
"GMPA Standard Language" tab. This document addresses some items common to all petitions in
this Cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the
six petitions seeking amendments to the GGAMP.
ADDrODriateness of Change:
If approved, this Growth Management Plan amendment will result with introducing new commercial
development, uses and activities to a location where commercial development is not now planned,
and consequently impact a larger planning area. Establishing whether designating the site for
commercial development disrupts the stability of residential and other established uses in the
planning area is a valid concern.
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
The practicality of changing the GMP to accommodate the proposed Subdistrict is to be established
through an evaluation of relevant and appropriate data for population growth, commercial inventory,
infrastructure development, and other considerations in the surrounding area.
For more explanation, refer to the Comorehensive Plan Amendment - StatutoN Data and Analvsis
Reauirement section of the "Standard Language for GMPA Staff Reports" document.
Commercial DeveloDment
A trend toward commercial development is not evident in the area immediately surrounding the
proposed commercial Subdistrict, but within a "Support Area" described in the market conditions
study submitted with this petition [as the combined Primary Trade Area (PTA) extending 2 radial
miles from the subject property, and the Secondary Trade Area (STA) extending 3 radial miles from
the subject property] for the new Subdistrict, commercial development is evident, including the
following approved projects:
2 CPUDs [Randall Boulevard Center and Mir-Mar] in the Randall Boulevard Commercial
Subdistrict (41,000 sq. ft. of commercial on 7.5 acres)
. Orange Tree MPUD (60,000 sq_ ft. of commercial on 22 acres, with a petition pending to
increase the acreage, and the floor area to 332,000 sq. ft.)
. Orange Blossom Ranch MPUD (200,000 sq. ft. of commercial on 44 acres)
The above-listed sites are located within the project's Support Area, and currently provide 301,000
sq_ ft_ of commercial use opportunities. Within the same market Support Area, additional commercial
development is pending by multiple Growth Management Plan amendments in the 2007-2008
Combined Cycle, as follows:
. Pending GMPA CP-2007-2, the "lmmokalee/Oil Well Road Commercial Subdistricf (70,000 sq.
ft. of new commercial on 10.2 acres) .
. Pending GMPA CP-2008-1, the "Estates Shopping Center Subdistrict" (225,000 sq_ ft. of new
commercial on 40 acres)
. Pending GMPA CP-2008-2, the "Randall Boulevard Commercial Subdistrict" (349,950 sq. ft. of
additional commercial on 56.5 acres)
The above-listed sites would provide another 644,950 sq. ft. of commercial use opportunities, for a
possible 945,950 sq. ft. of commercial development.
Source: March, 2008 Planned Unit Development (PUD) Master List (prepared and maintained by the
Collier County Engineering Department) and the Collier County Interactive Growth Model (CIGM).
'Mixed Use Activity Centers', 'Neighborhood Center Subdistricts', 'Mixed Use Subdistricts' and
'Commercial Subdistricts' are commercial components of the Golden Gate Area Master Plan and are
counted toward the inventory of land available for development, even if they are not yet zoned
commercial. These components presently provide additional commercial opportunities adding to the
945,950 sq. fl. amount.
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Permanency of Boundary of the "Wilson Boulevard Commercial Subdistrict" if the reauested
amendment to the Golden Gate Area Master Plan is aranted
The granting of this amendment would create a permanent Commercial Subdistrict boundary in the
southeast quadrant of this intersection. This Subdistrict would be surrounded by an otherwise stable
neighborhood of residential lots and structures.
Approval of this amendment can be expected to encourage future requests for amendments to allow
new commercial development on the other three quadrants of the Immokalee RoadlWilson Boulevard
intersection where developable land is available. A fire station and drainage canal lie to the west of
the Randall Boulevard Center and Mir-Mar PUDs listed above.
It should also be noted that if this amendment is approved, then each of the properties that abut the
subject property would become eligible for transitional conditional use applications due to the location
of the commercial development within the new Subdistrict and the development criteria contained
within the Conditional Uses Subdistrict of the Golden Gate Area Master Plan. The granting of this
amendment will have destabilizing impacts on the existing adjoining and nearby single-family
residential development to all directions from the subject property.
For more explanation, refer to the Growth Manaoement Plan Vision section of the 'Standard
Language for GMPA Staff Reports" document.
[REMAINDER OF PAGE INTENTIALL Y LEFT BLANK]
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
Petitions in Vicinity
It should be noted there are five petitions for sites located east of Collier Boulevard and in Golden
Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one petition
request is for mostly institutional uses, but includes a small commercial allocation. The attached
location map identifies these five petition sites, what each request consists of. and commercial
opportunities in the surrounding area. The table below also provides information about these five
petitions seeking amendment to the Golden Gate Area Master Plan. The attached map (Pending
GMPAs Commercial Market Area) depicts the overlapping market areas of these petitions.
Petition Location # Acres Reouest
CP-2001-1 SE corner CR846lWilson Blvd. 5.11 Create Wilson Blvd. Commercial
Subdistrict to allow max. of 40,000
S.F. of C-1 thru C-3 com'l uses
CP-2007-2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well
Road Commercial Subdistrict to allow
max. of 70,000 S.F. of C-1 thru C-3
com'l uses
CP-2001-3 South side of CR858, 1/4 mile west of 21.12 Create Mission Subdistrict to allow
Everglades Blvd_ institutional uses (church and related
uses, e.g. child & adult day care), and
limited C-1 com'l uses (90,000 s.f.
total, inclusive of 2,500 s.f. of com'l)
CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center
Gate Blvds. Subdistrict to allow 225,000 s.f of
com'l uses(C-4 uses, with some
exceptions, and select C-5 uses) with
requirement to provide a grocery store
[portion of site (4.98 acs.) lies within
existing Neighborhood Center and
could vield 30,099 s.f. of com'll
CP-2008-2 South side of CR846 & Randall Blvd_, 56.50 Expand and modify Randall Blvd
from canal east to 8th Street NE Commercial Subdistrict to add
(inclusive of BCI Fire Station, existing 349,950 s.f. of C-4 com'l uses, with
Randall Blvd_ Com'; Subdistrict, and exceptions [zoning in existing
OOF fire tower site). Subdistrict allows 41,000 s.t. of com';
on 1.53 acs.1
sum 134.29 769,450 s.f. of com'l [128,450 s.f. is
[121.78 new]
acres
're newl
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Commercial Demand Analvsis
The GGAMP and the FLUE currently provide for future commercial development to accommodate the
growing population in the study area.
Comprehensive Planning Department staff utilized the Subdistrict's "Support Area" as defined in
application materials, the Collier County Interactive Growth Model (CIGM) and other County
resources to analyze the CP-2007-1 proposal in detail. Demand in 2010 for Neighborhood Center
scaled commercial development in the Wilson Boulevard Commercial Subdistrict's Support Area is
212,703 sq. ft., while there is more than 678,400 sq. ft. of existing and potential commercial space
available. This Support Area currently provides more than three (3) times the existing and potential
commercial space needed to serve about 25,100 people. [These figures are illustrated by
Attachment: Map 6 & Map 8, and the chart & tables included thereon.]
This analysis projected the shopping demands of the population expected in the Wilson Boulevard
Commercial Subdistrict's Support Area in year 2030 to increase to 390,889 sq. ft. of commercial
space, while more than 678.400 sq. ft. would still be available or developed - providing more than
one and one-half (1.5) times the commercial space necessary to serve approximately 46,259 people.
[These figures are illustrated by Attachment: Map 6 & Map 8, and the chart & tables included thereon.]
CP-2007-1 is not the only petition in the vicinity under consideration in the 2007-2008 Combined
Cycle of Growth Management Plan amendments asking for new commercial development [as
illustrated in the table above). Moreover, CP-2007-1 is not the only new commercial GMPA drawing
from the same customer pool/base. At least four proposed commercial Subdistricts are situated so
their market areas either partially overlap or fully envelop another's market area - or more than one.
The proposed CP-2007 -1 Subdistrict site shares approximately one-half of its market area with CP-
2007-2. The CP-2008-1 market area overlaps that of CP-2007 -1 by a third to a half. Finally, all three
of these market areas are engulfed almost wholly by the CP-2008-1 market area. The marketplace
dynamic for each of these proposed commercial developments is affected by these shared areas, and
by the potential competition.
Collier Interactive Growth Model
The East of County Road 951 Infrastructure and Services Horizon Study was a two phase planning
effort to assess the County's ability to accommodate growth within the County east of Collier
Boulevard (CR 951). Included in the second phase of the study was the development of a Collier
County Interactive Growth Model (CIGM). The Board adopted the CIGM as a planning tool at its
advertised public hearing on January 13, 2009. This model was developed to assist in projecting
population and its spatial distribution over time to build-out in all areas lying east of CR 951. The
interactive growth model is also utilized to approximate the timing and location of commercial and
industrial centers, school facilities, parks and recreational facilities, fire stations, etc. The commercial
sub-model is designed to project the demand for neighborhood, community and regional centers that
include retail and other commercial uses. This sub-model helps to spatially allocate the optimal
locations for these commercial centers required as a function of time and population, and as a result
of disposable incomes of the population.
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Guidelines for Commercial Development used in the CIGM:
. Number of Persons per Neighborhood Center: 13,110
. Number of Persons per Community Center; 34,464
. Number of Persons per Regional Center: 157,324
. Number of Acres per Neighborhood Center: 11
. Number of Acres per Community Center: 28
. Number of Acres per Regional Center: 100
. Square Feet Building Area per Neighborhood Center; 110,734 (8.45 sq. fl. per Capita)
. Square Feet Building Area per Community Center; 257,668 (7.48 sq. fl. per Capita)
. Square Feet Building Area per Regional Center: 1,000,000 (6.36 sq. fl. per Capita)
The above floor area figures are the average sizes of Neighborhood, Community and Regional
Centers in existence (built) in Collier County. This means some Centers are larger, and some smaller,
than these countywide averages; that is, there is a range in size of each type of Center. Each type of
Center is classified based upon size as well as uses.
Based on the population thresholds used in the CIGM, staff has developed commercial analysis for
petition CP-2007-1 as follows (the 4 referenced maps are attached to and made part of this Staff
Report):
. Existing and Potential Commercial sq. fl. (see Map 1, attached)
Within the petition's defined Primary Trade Area (PTA), there are 89,813 sq. fl. of existing
commercial development and 425,470 sq. fl. of potentia/ commercial development (vacant
land designated as commercial & vacant land zoned commercial). The total existing and
potential commercial sq. fl. within the PTA is 515,283.
. Housing Units & Population (see Map 2, attached)
Based on the CIGM, the total housing units and total population in the PTA are/will be: 2007 -
4,297 units and 12,752 persons; 2010 - 4,976 units and 14,761 persons; 2015 - 6,220 units
and 18,121 persons; 2020 -7,371 units and 21,394 persons; 2025 - 8,417 units and 24,329
persons; and, 2030 - 9,315 units and 26,808 persons.
. Square Footage Demand for a Community Center (see Map 3, attached)
The total existing/projected population within the PTA translates into an existing/projected
demand for commercial space within the PTA as follows: 2007 - 12,752 persons yields
demand for 95,385 sq. fl. of commercial (7.48 sq. fl. per capita); 2010 - 14,761 persons yields
demand for 110,412 sq. fl.; 2015 - 18,121 persons yields demand for 135,545 sq. fl.; 2020-
21,394 persons yields demand for 160,027 sq. fl.; 2025 - 24,329 persons yieldS demand for
181,981 sq. fl.; and, 2030 - 26,808 persons yields demand for 200,524 sq. fl.. The existing
and potential commercial sq. fl. (supply) within the PTA is 515,283; therefore, there will not
be a need for another typical Community Center in this PTA, until after year 2040.
. Square Footage Demand for a Neighborhood Center (see Map 4, attached)
The total existing/projected population within the PTA translates into an existing/projected
demand for commercial space within the PTA as follows: 2007 - 12,752 persons yields
demand for 107,731 sq. fl. of commercial (8.45 sq. fl. per capita); 2010 - 14,761 persons yields
demand for 124,731 sq. fl.; 2015 - 18,121 persons yields demand for 153,123 sq. ft.; 2020-
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
21,394 persons yields demand for 180,779 sq. ft.; 2025 - 24,329 persons yields demand for
205,580 sq. ft.; and, 2030 - 26,808 persons in 2030 translate to 226,528 sq. ft. demand for
commercial space. The existing and potential commercial sq. ft. (supply) within the PTA is
515,283; therefore, there will not be a need for another typical Neighborhood Center in
this PTA, until about year 2050.
Data Sources:
The C/GM analysis for this petition utilized: (1) the 2007 Commercial Inventory prepared by the Collier
County Comprehensive Planning Department; (2) present GMP designations that allow commercial
zoning; (3) housing unit and population projections prepared by the C/GM consultant, whiCh account
for vacancy rates. There is a minor discrepancy between the C/GM population projections and those
prepared by the Bureau of Economic and Business Research at the University of Florida.
The firm of Fraser and Mohlke Associates, Inc. conducted a Market-Conditions StudY, dated August
19, 2009, independently analyzing market conditions within the Rural Estates and Corkscrew
Planning Community Districts (PCDs). This analysis provided an overall context for assessing the
basic goods and services requirements of the emerging population within an area beginning at the
northernmost extension of CR 951, extending easterly along the Lee-Collier County line to the
Hendry-Collier County line, then the boundary tums south to run along the County line to easternmost
extension of Oil Well Road, then turns west to run along Oil Well Road to Everglades Boulevard, then
south to 1-75, runs westerly to near CR-951, then north along this west side to complete the boundary
- the "Study Area". The Study provided the following data and analysis:
Section 1, Market Conditions
Foreword limits uses to 40,000 sq. ft. of C-1, C-2 and C-3 pennitled and conditional uses, and
further limited to: automotive service station(s); convenience store(s); drug store(s); restaurant(s),
inCluding fast food restaurant(s), but not drive-in restaurant(s); and shopping center [as identified
in the LDC, and comprised of uses identified in the Subdistrict provisions] on 5.17 acres.
Studv Area Definition is the "Rural Estates" Planning Community District (PCD) and the
.Corkscrew" PCD. This Study Area encomoasses the laraest GeoGraohic area, and is the basis
for the successively-smaller area analyses that follow. Total population in the Study Area was
estimated to be 33,912 (2005); is projected to be 38,175 (2010), and 48,340 (2015). [po 1-1] [April
1, Collier County Population Estimates and Projections, (CCPEP), May 2009] As a comparison,
these figures are 5.47%, 28.40% and 31.88% decreases from 2007 CCPEPs for the same years,
respectively.
DefininG a Suooort Area for Analvsis incorporates the Metropolitan Pianning Organization (MPO)
saturation analysis by Traffic Analysis Zone (TAZ), including those TAZs located within a 3.0 radial
miles of the subiect orooertv. [po 1-12] This Support Area is the next-smaller Geoaraphic area
studied. Build-out population in the Support Area is projected to be 64,031 [Table 1.06.02].
Figures taken fram the 2005 Collier County Residential Build-Out Study projection, an estimated,
35,505 persons would reside in the Support Area TAZs encompassing the next-smaller Primary
Trade Area (PTA). The PTA extends two radial miles from the subiect property. and is the next-
smaller aeoGraohic area. These figures are altered somewhat by the Collier County Horizon
Study for Lands East of 951, which incorporated the Interactive Growth Model (CIGM), adopted by
the County for future growth management mOdeling. The CIGM utilizes a sigmoid curve in its
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
logarithmic population projections, while the Build-Out Study used a straight-line projection,
among other less-significant differences.
The County CIGM administrator extrapolated data from a point on the curve however, and provided
an estimate for the baseline year 2007 - deriving a population of 21,892 in the Support Area. Staff
found that the actual PTA has a [CIGM derived] estimated 2007 population of 12,752. [These figures
are illustrated by Attachment: Map 2 & Map 6, and the chart & tables included thereon.J
Guidelines for Commercial Develooment explains how the CIGM uses an 11 acre land area and
an 110,734 sq. ft. building dimension for a Neighborhood Center (for 8.45 sq. ft. per capita). This
figure applied to 21,892 persons produces a total of 184,987 sq. ft. of commercial development
necessary to serve the Support Area. In year 2010, 25,172 people will need 212,703 sq. ft.
Extended to build-out, a total of 390,889 sq. ft. of Neighborhood commercial development would
be needed to serve the Support Area. {The same figures are illustrated by Attachment: Map 6 &
Map 8, and the chart & tables included thereon.J
More important to consider, staff found the actual PTA [CIGM derived] population of 12,752 is
projected to grow to more than 26,808, but not until sometime after year 2030. Current demand in the
PTA based on existing population is for 107,754 sq. ft. of Neighborhood Center commercial
development. Demand at build-out would be for 226,528 sq. ft. of Neighborhood commercial
development. {These figures are illustrated by Attachment: Map 4, and the chart & tables included
thereon.J
Inventorv of Aooroved Planned Unit Develooments lists commercial acreage and floor area in the
Support Area, the larger geographic area encompassing the smaller PTA. [Section I, Exhibit 3J
Planned Unit Developments (PUD) with commercial components lying in the Support Area
include: Mir-Mar, Randall Boulevard Center, Orange Blossom Ranch and Orange Tree, approved
for 358,000 sq. ft. commercial floor area, on 87.48 acres. (Note that the floor area and acreage
totals reflect all PUDs inventoried in the Support Area while the list of commercial PUD
developments "evident in the area" provided by staff [on page 6 above] points out fewer PUDs as
the most apparent examples.) This section identifies approximately 27,350 commercial sq. ft. as
"developed" [or existing] and 330,650 commercial sq. ft. as "undeveloped" [or potential], when
enumerated earlier this year.
Staff found that the Support Area has a [CIGM derived] total of 678,410 sq. ft. of existing and
potential commercial floor area, on 134.55 acres - with 89,813 sq. ft. of this amount described as
existing or "developed". The currently approved commercial development of 678,410 sq. ft. exceeds
the 390,889 sq. ft. needed in the Support Area at build-out by 287,521 sq. ft. {These figures are
illustrated by Attachment: Map 5 & Map 8, and the chart & tables included thereon.J
Section 2 Existina Land Uses
(The Inventory of) 2007 Commercial Land Uses, and the Deoartment of Revenue Commercial
Land Use Inventorv and Retail Land Use Codes list commercial acreages and floor areas for
commercially developable properties located outside Planned Unit Developments in the Study
Area, which encompasses the largest geographic area. These two inventories also confirmed
figures found in the PUD Inventory appearing in the previous section. [Section J, Exhibit 3J
Commercial development is currently approved for approximately 115,257 sq. ft. commercial floor
area, on 49.83 acres. [po 1/-9J
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CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
Section 3, Consumer Demand Forecasts
The Commercial Demand Study for the Golden Gate Area (October 2003) provides a basis for
market analysis meant to "establish whether retail capacity forecasted for 2005 remains
presently". The author's introductory statement contends that, "the deficit continued to 2005". [po
11/-1]
Retail demand calculations incorporated a number of factors, including: Per-capita income (PCI);
Sales per square foot (SPF); Floor area ratios (FAR); Retail expenditure (RE) forecasts; and,
Vacancy rates. [pp. 11/-1 - 3] Three large geographical areas studied, each a part of Golden Gate
Estates, make up an area smaller than the subject site's Study Area and larger than both its
Support Area and Primary Trade Area. The 2003 Study did not factor in commercia/land uses
located outside Golden Gate Estates, County "Rural Settlement Areas", or planned commercial
areas in the RFMUD and RLSA. [po 11I-7] The 2003 Study is narrow in its scope and limited in its
applicability, due to its point-in-time calculation factors, different geographical study areas, and
dissimilar data sets.
Section 4, Problem Settina and Recommendations
This section draws conclusions from the findings of the Market-Conditions Study, generaily in
support of the petitioner's desire to develop the site commercially.
Staff Summarization of the Market-Conditions Study
Data analysis in the Market-Conditions Study lacks a direct correlation (apples-to-apples) to other
data sets, summaries or findings, and brings the conclusions and recommendations presented into
question. An example of this appears where population projections and dwelling unit figures within
PCDs and the Primary Trade Area do not correlate. Another example of this appears where data is
provided for existing and projected populations, but only existing data for commercial inventory is
provided.
The listing of Neighborhood Centers or Commercial Subdistricts located within the same Support Area
or Primary Trade Area (and just outside them) is incomplete. Commercially planned locations lying
outside the same (or shared) market area but drawing from the same potential market pool are
missing from consideration.
The shared, or competing market area (or areas), from nearby commercial [and commercially
planned] locations lying outside the selected Support Area or Primary Trade Area were not
considered. The lack of including shared and competing market areas affects the dynamics ot the
marketplace and would obviously affect the petitioner's analysis.
The Market-Conditions Study gave cursory attention to the development potential and market
dynamics of Rural Villages in the Rural Fringe Mixed Use District (RFMUD) into consideration, while
these factors have an influence on the market area that should not be disregarded. The development
of Rural Villages is expected and encouraged in RFMUD Receiving Lands, which are required to
include a commercial component that can be expected to meet an amount of commercial demand
derived from Golden Gate Estates.
- 13-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
The Market-Conditions Study evaluates a wide array of commercial uses, but proposes only
automotive service station(s); convenience store(s); drug store(s); restaurant(s), including fast food
restaurant(s), but not drive-in restaurant(s); and a shopping center - a selection of the most intense
commercial land uses possible - for this site. The proposed Subdistrict text does not limit
development to these few uses, but rather allows all C-1, G-2 and C-3 uses.
No shortfail of commercial land can be concluded from the Study of Market Conditions. As a point of
emphasis, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, requirements to
provide appropriate data and analysis to demonstrate the amendment is needed are not met.
EnvironmentallmDacts:
An Environmental Assessment, dated June 5, 2009 was prepared by Turrell, Hall & Associates, Inc.
Environmental Consulting, submitted with this petition and indicated the following:
. The project site includes pine f1atwoods; cypress; roadway and disturbed lands. The soils
mapped for the site are Holopaw fine sand, a hydric soil and Immokalee fine sand, a non-hydric
soil.
. The listed species survey conducted on site concluded that there were listed species found
utilizing the site, and there were signs of gopher tortoises. Non-listed species observed include
various songbirds, vultures, red shoulder hawk, crows, gray squirrel, white tailed deer, feral dog
and two types of anoles and evidence of several small mammals were visible. The site lies within
the panther consultation boundary.
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the application and provided the foilowing comments:
. No special environmental concerns are associated with the establishment of the Subdistrict on the
subject site.
. Native vegetation preservation requirements will be specifically addressed during subsequent
development order review (rezone and/or site development plan.) Staff has not verified the
provided Florida Land Use, Cover, & Forms Classification System (FLUCFCS) mapping and does
not approve it with this petition. The preserve location will be subject to the ranking requirements
of Conservation & Coastal Management Plan (CCME) Section 6.1.1(4). Fifteen (15) percent of
the native vegetation on site will be required to be preserved. At the current designation of
Estates zoning, native vegetation on site could potentially be minimized to the landscape
requirement of 15 trees.
Traffic CaDacitylTraffic Circulation ImDact Analysis. Includina Transportation Element
Consistency Determination:
A Traffic Imoact Statement (TIS), dated August 17, 2009, was prepared by Vanasse & Daylor, LLC
and submitted with this petition, including the analyses typically provided in a Growth Management
Plan Amendment application. The projects "area of influence" was determined to be Immokalee Road
east and west of Wilson Boulevard. The analysis studied Immokalee Road from Oil Well Road to
Collier Boulevard, and Wilson Road from north of Immokalee Road to Golden Gate Boulevard. Fully
75% of traffic generated by new commercial activities on the site is distributed to Immokalee Road
- 14-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
(40% southbound from west/35% southbound from east), and 25% to Wilson Boulevard (20%
northbound from south/5% southbound from north [of Immokalee Road]).
Approval of this Subdistrict and development of the commercial project would generate 3,182 daily
gross new trips (2-way) and 258 PM Peak Hour gross new trips routed through a single access point.
This single, full-movement access, located approximately 600 feet south of Immokalee Road on
Wilson Boulevard. would be a design limitation for access to the site. This limited access factors into
the trip distribution discussed above. as 100% of all trips would utilize this one pOint of access.
Improvements would be required to the Immokalee RoadlWilson Boulevard intersection as a result of
allowing this site to develop commercially, as follows:
. Extending the eastbound left-turn lane by at least 235 feet for a total functional length of 775
feet.
. Extending the northbound right-turn lane by at least 225 feet for a total length of 575 feet.
More than 625 feet in lane length is desired, but cannot be achieved because the immovable
site access location prohibits the adequate, longer configuration.
Transportation Planners with the Collier County Transportation Planning Department reviewed the TIS
and provided the following comments:
The Existing and Committed (E+C) network consists of Immokalee Road as a six lane section east
and west of the property. Wilson Boulevard is currently a two-lane section and is only funded for
design [as a four-lane road]. The two-lane section of Wilson Boulevard is not scheduled for
construction [to add two lanes] in the five-year planning period.
Year 2011 anticipated volumes were reviewed using historical growth, model projections and an
interpolation of both processes. A conservative analysis using historical growth, and updates to the
Capital Improvement Element (CIE) that do not contain Vanderbilt Beach Road Extension and Wilson
Boulevard improvements, would likely cause Wilson Boulevard to fail within the five year planning
period. In addition, it should be noted that the project has a 2.7 percent impact on Wilson Boulevard,
and will put trips on Golden Gate Boulevard west of Wilson. Golden Gate Boulevard west of Wilson is
expected to fail within the five-year planning period without Vanderbilt Beach Road Extension from
Collier Boulevard to Wilson Boulevard base on the 2008 AUIR.
Without committed improvements in the five-year planning period. staff recommends a conservative
review of the project.
In conclusion, the addition of 40,000 sq. ft. of office and retail space would not be consistent with
Policy 5.1 of the Transportation Element of the GMP. However, it should be noted that the addition of
commercial services at this location may provide a destination that would reduce the need for the
local residents to travel back to the urban area for these services. The project may be found
consistent if it qualifies for specific mitigation as approved by the Board of County Commissioners.
Mitigation may include right-of-way, and commitments for the improvements to the Wilson Boulevard
and Immokalee intersection and specific uses that would provide a local destination for services.
In addition to any mitigation imposed by the County intended to bring CP-2007-1 into consistency with
Policy 5.1, Transportation Planning specialists commented further, noting:
- 15-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
a. The proposed (conceptual) access management is acceptable, but will require final evaluation
at the SOP phase.
b. The southbound left turn that has been identified, and an eventual northbound right tum lane
(anticipated by staff for total trips, not just net new), will need to be evaluated for final design
requirements at the time of SOP, shall be the responsibility of the applicant, and will not be
eligible for impact fee credits. Please bear in mind that compensating ROW is typically
required for turn lanes that would serve this site.
c. The need for a turn lane extension on Immokalee Road, at the Wilson Intersection, has been
tentatively identified in the report and bears further discussion with staff.
Transportation Planners do not recommend that the Board of County Commissioners approve this
project, unless it is inclusive of qualifying mitigation that demonstrates consistency with Policy 5.1 of
the Transportation Element If the Board finds this petition has merit, and acts to approve CP-2007 -1,
then speCific mitigation can be held over for implementation during the subsequent zoning
modification that would be required. Mitigation would occur in the following manner:
1. No less than fifty (50) feet and no more than sixty (60) feet of ROW reservation along the
frontage of Wilson Boulevard, with accommodation of water management (acceptance,
storage, and attenuation) for the future northbound lanes.
2. Responsibility for the proportionate share of the increased cost of design and construction to
achieve intersection capacity when the Wilson Blvd/lmmokalee Road intersection undergoes
the next design improvement (currently bumped outside of the 5 year CIE).
Comprehensive Planning staff also evaluated Transportation Planning specialists' general premise
that "commercial services at this location may provide a destination that would reduce the need for the
local residents to travel back to the urban area for these services'. This idea could be supported if it
were not for the amount of commercial services already meeting this need in the immediate vicinity.
The closest neighborhood shopping opportunity lies just 1,500 feet to the east of this location, and the
nearest community shopping opportunity lies about two miles further to the northeast. Traveling back
to the urban area for commercial services means a five-mile drive to the closest Mixed Use Activity
Center, at Immokalee Road and CR 951. The relatively small subject site is too small to offer
competing commercial services.
Historical and ArchaeoloaicallmDacts:
Historic or archaeological resources have not been identified as present on the subject property,
based on a review of the Collier County Index of Historic/Archaeological Maps, and the site is not
identified on County Historical and Archaeological Probability Maps.
Public Facilities ImDacts:
The petitioner prepared Public Facilities calculations, which were submitted with this petition.
Commercial development in the new Subdistrict would result in increased impacts upon some other
Category A publiC facilities besides roads (potable water, sanitary sewer, drainage, and solid waste),
but these impacts will not be "significanf' (generating potential for increased County-wide population
greater than 2% of the BEBR medium range population projections for Parks, Solid Waste, Water,
Sewer and Drainage facilities, as defined in Policy 1.2 of the CIE and other applicable Growth
-16 -
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
Management Plan Elements). For water and sewer, the proposed development would demand
12,000 gallons per day. However, for some public facilities, such as park facilities, the impacts will be
lessened since this is not a residential project. Utilizing the level of service standards identified in the
CIE, the proposed uses will not result in a significant impact on Category A public facilities.
Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations
and provided the following comments:
According to the current 2008 Water and Wastewater Master Plan Updates, this project is not located
within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other
existing Utilities District at this time.
As a pOint of information, by 2012, the CCWSD wili include the Orangetree Area. Per the 2008 Water
and Wastewater Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and
potential water and sewer demands from this area are included in these Master Plan Updates. There
are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road. The
water and sewer pipelines wili be used for the future North East Regional Water and Wastewater
Treatment Plants. Water and sewer services are not currently available. These pipelines will be
activated when the North East Plant is ready. Per our current 2008 AUIR, the North East Plant project
is anticipated to be constructed and in service by 2018. Collier County Public Utilities does not
guarantee a time frame for construction of its capital projects. If adequate capacity is not available,
on-site facilities may be provided to serve the needs of the development.
As noted above, this project location is not presently within the CCWSD Service Area, nor wili it be
after Orangetree becomes part of the CCWSD Service Area. However, Comprehensive Planning staff
understands that, due to the project's location, there is some possibility this site could be served by
the County sometime after the Orangetree area becomes part of the CCWSD service area.
2008 Lealslation . HB 697:
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008.
DCA (Florida Department of Community Affairs) wili be reviewing GMP amendments for compliance
with this legislation. For more explanation, refer to the 2008 Leaislation - HB 697 section of the
"Standard Language for GMPA Staff Reports" document.
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages
urban sprawl and reduces greenhouse gas emissions. The petitioner has not submitted a response,
data or analysis regarding this legislation. It is anticipated that the Florida Department of Community
Affairs will raise an Objection in their Objections, Recommendations and Comments Report (ORC),
should this petition be approved for transmittal.
Other Considerations:
File notes taken from the March 31, 2005 Pre-Application meeting show concerns were discussed
regarding potential problems with access into and out of a commercial development. The eventual
widening of Wilson Boulevard - and thus the narrowing of the subject property - would potentially limit
the site's commercial viability. A petition for commercial development would be in clear contradiction
to the recommendations of the GGAMP Restudy Committee.
Staff provided a statement in previous reports (for the Randall Boulevard Center and others)
expressing their concern about unplanned commercial development, stating, "In staff's opinion,
- 17-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
approval of this amendment may result in nearby properties seeking higher densities, or non-
residential uses, for compatibility purposes'. Their opinion became an accurate prediction, as
evidenced by CP-2007-1. The previous statement is reiterated, and emphasized, adding that the
approval of new commercial development or other non-residential uses where none are planned is in
direct conflict with the creation and purpose of the Estates designation and two more recent studies of
the Golden Gate Area Master Plan (GGAMP). Staff does not find the CP-2007-1 site is an
appropriate location for commercial development.
The County's ability to manage growth in accordance with its adopted Growth Management Plan is
weakened by approvals allowing commercial development outside Neighborhood Centers, Mixed Use
Activity Centers and other planned locations. These planned locations are purposely sized, spatially-
arranged and separated to encourage and support a healthy business environment County-wide and,
discourage and avoid over commercialization and strip development.
Abundant commercial land to serve neighborhood residents' needs is approved in the immediate
area, on properties with fewer limitations and better vehicular access, but has yet to be developed.
The subject property is a site where, if commercial development is considered, there should be an
aggregation of properties to address the site's numerous shortcomings - and thus, a potential Golden
Gate Estates Restudy issue.
NEIGHBORHOOD INFORMATION MEETING INIMl SYNOPSIS:
The Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly
advertised, noticed and] held on September 16, 2009 at 5;30 p.m. at the Big Corkscrew Island Fire
Administration Center, located at 13240 Immokalee Road, Naples. A total of nine people attended this
NIM [6 representing the applicant, 2 Estates residents, and 1 County staff] and heard the following
information:
The NIM began at approximately 5:40 p.m. Thomas Greenwood stated that the LDC requires that the
NIM be held before the formal hearings and that his role is to facilitate the NIM. He described the
purpose of the NIM and the schedule of the transmittal hearings and tentative schedule of adoption
hearings. He stated that, should this commercial GMPA be approved, a rezone would be required in
the future to determine speCific site development standards and conditions [development order] and
that the rezone would also be preceded by the holding of another set of public hearings.
Ron Nino stated that this GMPA would allow the development of not more than 40,000 sq. ft. of
commercial bUilding space on this 5.13 acre tract of land as outlined in Exhibit IV-B of the application.
He reviewed Exhibit IV-B and stated that the development would follow the standards proposed
therein that uses in the G--1 through C-3 zoning district would be permitted. He stated that his firm
sent a survey form to 37 nearby property owners asking for their input on the proposal and eight
property owners responded. All responses indicated support for commercial uses, with one responder
stating that he did not want his property devalued [property approximately 1,000 feet away from the
site]. Mr. Nino stated that the applicant has met previously with the Golden Gate Estates Area Civic
Association [GGEACA] to review the project.
Timothy Nance of the GGEACA stated that this GMPA is straight forward. He stated that the only
concern that the GGEACA would have is for the impact of the development upon the abutting properly
owners. He stated that the GGEACA has not typically taken a position on commercial development in
the Estates because the GGEACA is "split" on commercial development coming into the Estates.
- 18-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
No major issues or contentions were raised or discussed.
No audience members offered supportive comments or approvals.
No statements of commitment were made by the agent, applicant or developer.
The meeting was completed by approximately 6:10 p.m.
[Synopsis prepared by Thomas Greenwood, AICp, Principal Planner on behalf of Corby Schmidt
who was unable to attend this NlM.]
FINDINGS AND CONCLUSIONS:
The fOlloWing are findings and conclusions as a result of the reviews and analyses of this request:
. The subject property is surrounded by GMP residential planning designations, a residential
zoning district and existing single-family residential uses; Approval of this petition will, in
essence, enable spot zoning via a "spof' FLUM GMP amendment.
. Based upon total existing commercial inventory in the market study area, there is no additional
need for commercial uses to serve the surrounding (2010) market area. There is an excess of
390,552 sq. ft. of approved commercial development in the market area.
. The magnitude and scale of this project (5.1 acres, 40,000 sq. ft. of C-1 to C-3 uses) is less
than half that of an average Neighborhood Center commercial development, and can be more
accurately characterized as speculative, scattered-site commercial development.
· The automotive service station, convenience store, and fast food restaurant uses allowed in
the proposed Subdistrict, if granted, would position some of the most intense commercial uses
possible in immediate proximity to the least dense residential uses in the County. Considering
this juxtaposition in combination with the site's size constraints, limited accessibility and other
factors, these commercial uses seem not to be appropriate for the site. "Shopping center" is
not a type of land use.
· As a result of this amendment, there are no significant impacts to public facilities, as defined in
the CIE, with respect to Potable Water, Sannary Sewer, Stormwater Drainage and Solid Waste
facilities. However, the Transportation Planning Department concluded the impacted
roadways are projected to operate at an unacceptable Level of Service within the five-year
planning period if this project is approved without mitigation.
. The subject property abuts one principal arterial roadway - Immokalee Road, and one collector
roadway - Wilson Boulevard. No access to the site would be allowed from Immokalee Road.
All vehicles would access Wilson Boulevard at a single point.
. Other commercial zoning (and development) is as close as 1/2 mile to the east (Mir-Mar and
Randal Boulevard shopping centers) at the southwest corner of the Immokalee Road/Randall
Boulevard intersection, and about 1 mile to the northeast (Country Store) at southeast corner
of Immokalee Road/Oil Well Road intersection.
-19-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
. The Primary Trade Area has 515,283 sq. ft. commercial floor area, on 107.29 acres - with
89,813 sq. ft. of this amount described as existing or "developed".
. Golden Gate Area Master Plan Restudy Committee did not recommend commercial
development at this location.
. Approval of this petition is likely to lead to other requests for increased density, non-residential
uses, and transitional conditional uses on adjacent and nearby properties.
. The Rural Villages expected and encouraged in RFMU Receiving Lands include a commercial
component that will meet an amount of commercial demand derived from Golden Gate
Estates.
. Development in this Subdistrict would be subject to the lighting requirements in Policy 5.1.1 of
the Golden Gate Area Master Plan
. Approval of this Subdistrict will require intersection improvements at Immokalee Road and
Wilson Boulevard. The northbound right-tum lane needed to accommodate traffic increases
cannot be realized because the site access location prohibits an adequate configuration.
. The proposed Subdistrict is inconsistent with the Golden Gate Area Master Plan vision for
commercial development in Golden Gate Estates.
Staff finds that the data and analysis for the subject Growth Management Plan amendment does not
adequately support additional commercial development in the market stUdy area, and the practicality
of the proposed Wilson Boulevard Commercial Subdistrict is not sufficiently nor compellingly
established.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed and approved by the Office of the County Attorney.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CP-2007-1 to the
Board of County Commissioners with a recommendation !!Q1 to transmit to the Florida Department of
Community Affairs.
However, I F the CCPC should determine that this petition provides appropriate data and analysis that
warrant adoption and chooses to recommend transmittal, staff recommends modifications to the
proposed Subdistrict language, noted below in double strike-through/double underline format, as
follows. These modifications are mostly for proper format, use of code language, succinctness, and
clarity. However, inasmuch as this petition proposes neighborhood commercial uses and floor area of
development, thus would function the same as a quadrant of a designated Neighborhood Center
Subdistrict in the GGAMP, staff recommends several text revisions and additions to reflect the
requirements and limitations of the Neighborhood Center Subdistrict. (Note: single underline text is
-20-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 4D
added, as proposed by petitioner; double underline text is added, and double eIR/le lI'I1'llW!lR text is
deleted, as proposed by staff.)
B. ESTATES - COMMERCIAL DISTRICT
Wilson Boulevard Commercial Subdistrict
[New Text, Page 38]
=Rlill The Wilson Boulevard Commercial Subdistrict consists of aooroximatelv 5 17 acres is located at
the southeast corner of the Wilson Boulevardllmmokalee Road intersection . It i8 1i.17 eeree iR eiii!9
and has aooroximatelv 660 feet of frontaae on Wilson Boulevard and 330 feet of frontaae on
Immokalee Road. The intent of this Subdistrict is to allow neiohborhood commercial uses sf IBRS that
Qeneral.lv fWRIlli8R ts serve residents who -"ve ~ithin 11:"0 to three m~les of the SUb~ct site ~~ :~ ::
Bfl& InCidentallY oasserbv traffic 'fe'RaR awlllaat 81ta la altwBtss SR BR IFlt1'll aawRll; "" tar :Ra a. __.
1""""aIIBI88 RSBEI CR 81.. The develooment of this Subdistrict shall be aoverned b the followina
criteria:
a. Develooment is encouraaed to be in the form of a Planned Unit Develooment (PUDl.
b. .^.Yfdfie8 sieRRas 88\;eI88msAt 'vitR8 88A=lA18RRrshit9Ii1htraI1t48FR8. &t..lr8d'8ii8888R~ aNS8
8988&& &ire8FR9Rts BRlill be tl8':81888&1.
c. The maximum aross leasable floor area of all uses shall be limited to 40.000 sauare feet.
d. Develooment shall be limited to those oermitted and conditional uses allowed in the C-1.
Commercial. Professional and General Office District. C-2. Commercial fonvenience District.
and C-3. Commercia/Intermediate District lalllf:! asrlMAlas BRII 8SRi/itisRB~ as containe~ in the
Collier County Land Develooment Code (LDC) (Ordinance No 04-41 as amended) a d shall
be limited further bv uses nrohibited in subsection "un below,
e. Inoress/earess on Immokalee Road is orohibited Once Wilson Boulevard becomes a median
seoarated roadway. inaress/earess on Wilson Boulevard Qfi':awB\fa BRS swl'Il swta shall be
limited to riaht-iniriaht-out turnina movements on Iv.
t Prai80ts OiF8oU': 88WttiRliiIestlitS& :iSRaB 8r898~: 8R8I1sFs"jEiJe. 8t a miRiAU.4A<1. 8 15 f88t slIffer
~~ ~~iA8" Flath's ')8liuiitsti8RiR '.i:RiaR ,AS 88FhiR8 er ':'Stet maR8SGliA8Rt uses Bile S;~i"~s'
8H98D\ tAat. '.'A8R etndtiFl8 8iR&fitisAaf UI8S RS swot;, 11l-Jff&r is r88yjrsd.
9.:. A t't.i.'8Ri" 14"& (:ail f88t .:~tt8 laA88888S stris s~811 be 8Fe'Ji~elit 8h~R9 iRe sRtire 1rsRta88 8f b8~
''''USSR i8wI8':a~ SR" Immsh8188 Fless.
h. Buildina heiahts shall be limited to one III storv '\':a (:1) steRas and a maximum of thirty-five
(35) feet.
L All liahtina shall be architecturallv desianed and limited to a heiaht of twentv-five (25) feet.
Such Iiahtina shall be shielded from neiahborina residential land uses.
L. The oroiect shall make Drovi~ions for shared oarkina arranaements with adioinino
develooments
k. Drivewavs and curb cuts shall be consolidated with adioinino develooments whenever
oossible
- 21.
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
h Proiects shall orovide a 25-foot wide landscaoe buffer abuttino the external riaht-of-wav This
buffer shall contain two staaaered rows of trees that shall be soaced no more than 30 feet on
center and a double row hedae at least 24 inches in heiaht at time of olantina and attainino a
minimum of three feet heiaht within one vear A minimum of 50% of the 25-foot wide buffer
area shall be comorised of a meanderina bed of shrubs and around covers other than arass
Existina native trees must be retained within this 25-foot wide buffer area to aid in achievina
this buffer reauirement. other existina native veaetation shall be retained where oossible to
aid in achievina this buffer reauirement. Water retention/detention areas shall be allowed in
this buffer area if left in natural state and drainaae convevance throuoh the buffer area shall
be allowed if necessarY to reach an axternal outfall.
m. All buildinos shall have tile roofs 'Old Stvle Florida' metal roofs. or decorative oaraoet walls
above the roofline The buildinas shall be finished in Iiaht subdued colors exceot for
decorative trim
n. Pedestrian traffic shall be encouraaed throuah olacement of sidewalks oedestrian walkwavs
and marked crosswalks within oarkina areas Adiacent oroiects shall coordinate olacement of
sidewalks so that a continuous oathwav is created
o. All buildinas and oroiects shall utilize a common architectural theme This theme shall be
aoolicable to both buildina des ion and sianaae
Q.,. No buildina footorint shall exceed 5 000 sauare feet unless the oroiect is submitted in the form
of a PUD Walkwavs or courtyards shall connect adiacent buildinas
g. Drlve-throuah establishments shall be limited to banks. with no more than three (3\ lanes; the
drive-throuoh areas shall be architecturallv intearated with the rest of the buildina.
L. Fences or walls mav be constructed on the commercial side of the reauired landscaoe buffer
between adiacent commercial and residential uses If constructed such fences or walls shall
not exc;eed five (5\ feet in heiaht Walls shall be constructed of brick or stone Fences shall be
of wood or concrete Dost or rail tvoes and shall be of ODsn desian (not covered bv slats
boards or wire \
s. Proiects directlv abuttina residential orooertv (orooertv zoned E-Estates and without an
aooroved conditional use \ shall orovide. at a minimum a seventy-five 175\ feet wide buffer in
which no oarkina uses are oermitted Twenty-five (25\ feet of the width of the buffer alona the
develooed area shall be a landscaoe buffer A minimum of fiflv (50l feet of the buffer width
shall consist of retained native veoetation and must be consistent with subsection 3 05 07H of
the LDC The native veaetation retention area mav consist of a oerimeter berm and be used
for water manaaement detention Anv newlv constructed berm shall be re-veaetated to meet
subsection 305 07H of the LDC (native veoetation reolantina reauirements\ Additionallv in
order to be considered for 800foval use of the native veaetation retention area for water
manaaement DUfDoses shall meet the followina criteria.
1.. There shall be no adverse imoacts to the native veoetation beina retained The additional
water directed to this area shall not increase the annual hYdro-oeriod unless it is craven
that such would have no adverse imoact to the existino veoetation
.2. If the oroiect reauires oermittina bv the South Florida Water Manaaement District the
oroiect shall orovide a letter or official document from the District indicatina that the native
-22-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
veoetation within the retention area will not have to be removed to comelv with watAr
manaaement reauirements If the District cannot or will not suoolv such a letter the~ th~
native veoetation retention area shall not be used for water manaoemAnt
~ If the eroiect is reviewed bv Collier County the County encinee; ~h~ii oro:~e ~~~d:en:
that no removal of native veaetation is necessarv to facilitate the naces: __ s!___. __ _ 5
water in the water manaaement area
1:. If the oroiBct is submitted as a pun it shall omvide a functional oublic DDen-soace
comeonent. Such eublic eDen-seace shall be develoeed as oreen seace wit7~~ ~ ~~d~f~~-
accessible courtvard as oer Section 4060383 of the LDC as in effect at ____i-- __ __D
anoroval
u. At the time of rezonina anv orooos81 to allow an automotive service station convenience
store fast food or driv....in restaurant or other similar hioh-intensitv use shall be ;;"';k;~tAd for
comoatibilitv and adeauacv of inaress/AarASS
v. The followina orincioal oermitted uses are orohibited'
1. Eatino Establishments and PlacAs (58121 Fast Food Drive-in and Drive-lhru
3. Drinkino Places (58131 and Liouor Stores (59211
i. Mail Order Houses (59611
5.. Merchandizina Machine Dcerelnrs (5962\
fi.. Power Laundries (72111
L Crematories (72611 (Does not include non-crematorY Funeral Parlors1
.It Radio TV Reoresentatives (73131 and Direct Mail Advertisino SArvices (73311
a. NEC Recreational Shootino Ranoes Waterslides etc (79991
.10.. General Hoseitals (80621 Psvchiatric Hosoitals (80631 and Soecialtv Hosoitals ~~~691
11.. Elementarv and Ser-.cndarv Schools (82111 Colleces (82211 Junior Colleoes (8 ___1
12.. Libraries (82311
1a. Correctional Institutions (92231
14. Waste Manaaement 195111
1Q. Homeless Shelters and Souo Kitchens
l!'!" No less than fiftv (501 feet and no more than sixtY (601 feet of ROW shall ~:nre~:=~ :::~
the frontaoe of Wilson Boulevard with accommodation of water manaae___t ___L___
storaoe and attenuation 1 for the future northbound lanes
~ Petitioner shall be resoonsible for orooortionate share of cost of dAsion and ~~:t:cti~~~~
achieve the increased intersection caoacitv when the Wilson Blvd/l~~ I .
intersection underooes the next desian imorovement (currentlv bum[)ed outside ~f th; 5 ~~;;
~
-23-
CP-2007-1, Wilson Boulevard Commercial Subdistrict
Agenda Item 40
PREPARED BY:
Corby L. Schmidt, AICP, Principal lanner
Comprehensive Planning Departm nt
DATE:
REVIEWED BY: ~.J W~ DATE: q -?" -t)9
David C. Weeks, AICP, pfanmng Manager
Comprehensive Plannin~~dt ! j d
REVIEWED BY: ~ ~iZ--- DATE: q,.. ] 0- 0 r
Randall J. Cohen, AICP, Director Y
Comprehensive Planning Department
APPROVED BY: DATE: 1js, ;.1
Joseph K. Schmitt, A m nistrator
Community Develop nt and Environmental Services Division
PETITION NO.: CP-2007-1
Staff Report for the October 19, 2009 CCPC Meeting.
NOTE; This petition has been scheduled for the January 19, 2010 BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
Mark P. Strain, Chairman
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CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
Co""': c;;;ounty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: October 19, 2009
RE:
PETITION CP-2007-3, MISSION SUBDISTRICT, GROWTH MANAGEMENT
PLAN AMENDMENT
[TRANSMITTAL HEARING]
Coordinator: Beth Yang, AICP, Principal Planner
AGENTIAPPLlCANT/OWNERS
Agent: Mr. Robert Duane
Hole Montes, Inc.
950 Encore Way
Naples, Fl 34110
Applicantl Tom Gemmer, Director of Administration
Owner: Emmanuel Evangelical Lutheran Church of Naples
777 Mooring Line Drive
Naples, Fl 34102
GEOGRAPHIC LOCATION:
The subject property, containing 21.72::!: acres, is located on the south side of Oil Well Road,
approximately one-quarter mile west of Everglades Boulevard, within Section 19, Township 48
South, Range 28 East, and is located within the Rural Estates Planning Community. The
proposed Subdistrict is within the Estates Designation, Estates-Mixed Use District, Residential
Estates Subdistrict (See aerial and zoning maps below).
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CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
REQUESTED ACTION:
This petition seeks to amend the existing Golden Gate Area Master Plan (GGAMP) text and
Future Land Use Map Series (GGAFLUM) of the Collier County Growth Management Plan by:
1. Amending Policy 1.1.2.A (Page 4) of the Estates-Mixed Use District to add the Mission
Subdistrict;
2. Following Golden Gate Institutional Subdistrict (Page 33), add #5 the Mission
Subdistrict; and
3. Creating a new Golden Gate Area Future Land Use Map series map depicting this new
Subdistrict, and amending the Future Land Use Map to add this new Subdistrict
The proposed change to Policy 1.1.2.A and the proposed Subdistrict text is as follows:
(Sin9le underlined text is added, as proposed by the petitioner.)
Policy 1.1.2:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
A. ESTATES-MIXED USE DISTRICT
1 . Residential Estates Subdistrict
2. Neighborhood Center Subdistrict
3. Conditional Use Subdistrict
4. Golden Gate Parkway Institutional Subdistrict
5. Mission Subdistrict [new text, page 4]
2. ESTATES DESIGNATION
A. Estates-mixed Use District
5. Mission Subdistrict
[new text, page 33]
This Subdistrict is located on the south side of Oil Well Road. aooroximately one-cuarter
mile west of Everclades Boulevard and consists of 21.72 acres. The ouroose of the
Subdistrict is to orovide for a church and related uses. These uses would include the
followinc uses in the Commercial Professional and General Office District C-1: child care
services; health services. offices and clinics. limited to a maximum of 2.500 scuare feet of
floor area: social services individual and familv: Activity Centers. elderly handicaooed
onlv. day care centers. adult and handicaooed onlv. relicious orcanizations. churches and
educational olants lorivate school). The maximum total floor area allowed is 90.000
scuare feet The maximum heicht of buildincs shall be 30 feet Develooment in the sub
district shall be desicned to be comoatible with the existinc and future develooment in the
surroundinc area.
In the alternate to the forecoinc uses and measures of develooment intensity. the
Subdistrict mav be develooed with sincle family dwellincs at a density of one dwellinc unit
oer 2.25 acres.
PROJECT DESCRIPTION
This petition proposes to create a new Subdistrict in Golden Gate Estates on :1:22 acres to
allow up to 90,000 square feet of institutional uses, inclusive of 2,500 square feet of
2
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
medical uses. Per the petition, it is anticipated the site will be developed as a church
campus with related uses - including limited medical facilities for community outreach.
Historically, a church campus may include the sanctuary with associated administrative
offices, recreation building(s)/area(s), social hall, education/training areas (e.g. Sunday
School classrooms), and may include an affiliated day care center/or school. Also,
churches typically allow other entities to use their facilities, e.g. Boy Scouts. All of the
proposed uses are listed in the Estates Zoning district conditional uses except medical
facilities for community outreach; social services, individual and family, Activity Centers,
elderly or handicapped only, and day care centers, adult and handicapped only (all listed
under C-1 ).
SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION:
Subiect Site:
The subject site is zoned "E", Estates and is designated Estates-Mixed Use District, Residential
Estates Subdistrict, on the Golden Gate Area Future Land Use Map.
SurroundinQ Lands:
North - Across Oil Well Road, a 2-lane undivided collector road, zoned "E", single family
dwellings and undeveloped lots; and designated Estates-Mixed Use District, Residential Estates
Subdistrict, on the Golden Gate Area Future Land Use Map.
East - Zoned "E", single family dwellings and undeveloped lots; and designated Estates-
Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use
Map.
South - Zoned "E", single family dwellings and undeveloped lots; and designated Estates-
Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use
Map.
West - Zoned "E", single family dwellings and undeveloped lots; and designated Estates-
Mixed Use District, Residential Estates Subdistrict, on the Golden Gate Area Future Land Use
Map.
STAFF ANALYSIS:
Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind
the "GMPA Standard Language" tab. This document addresses some items common to all
petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item
common to the six petitions seeking amendments to the GGAMP.
Environmentallmoacts;
The Environmental Report prepared by Geza Wass de Czege with Southern Biomes, Inc. and
submitted with this petition, dated March 26, 2007, indicates the following:
. The project site includes one single family home, pine f1atwoods, borrow lake and
pastureland. There is one soil type found on site which is Immokalee fine sand.
3
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
. The listed species survey conducted on site concluded that there were no listed species
found utilizing the site, and there were no signs of gopher tortoises. The report does not
mention whether any non-listed species were observed by sight or signs.
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the application and provided the following comments:
. No special environmental concerns are associated with the establishment of the Subdistrict
on the subject site.
. Staff has not verified the provided Florida Land Use Cover & Forms Classification System
(FLUCCS) mapping and does not approve it with this petition.
. Native vegetation preservation requirements will be specifically addressed during
subsequent development order review (rezone and/or site development plan). The preserve
location will be subject to the ranking requirements of Conservation & Coastal Management
Element (CCME) Policy 6.1.1 (4).
Historical and Archeoloaicallmpacts:
. The Florida Master Site File indicates that no significant archaeological or historical
resources are recorded within the project area.
. Historic or archaeological resources have not been identified as present on the subject
property, based on a review of the Collier County index of Historic/Archaeological Maps,
and the site is not identified on County Historical and Archaeological Probability Maps.
Traffic Capacitv/Traffic Circulation Analvsis and Impacts:
A traffic impact analysis report has been prepared by Transportation Consultants, Inc.,
dated September 15, 2009. This report's Summary of Findings, Conclusions and
Recommendations are as follows;
"In conclusion, the proposed Growth Management Plan Amendment as a part of the
Emmanuel Lutheran Church site will change the current land use designation that permits
up to nine (9) single family dwelling units on the subject site to allow the construction of
various church related uses, a day care facility serving both children and the elderly, and
administrative office uses. Based on the analysis performed as a part of this report, the trip
generation of the proposed GMP amendment will increase the approved trips on the subject
site by a total of 215 two-way vehicles in the AM peak hour, by 179 two-way vehicles in the
PM peak hour, and by 1,645 two-way vehicles over the course of the entire day.
A concurrency projection was performed as a part of this report as well. No level of Service
deficiencies are shown on the roadways within the study network, which include Oil Well
Road and Everglades Boulevard. The Emmanuel Lutheran Church will be subject to the
requirements within the concurrency system at the time of SDP submittal for each individual
phase of the development. Should sufficient capacity not exist on the County roadway
network, the development will not be allowed to move forward until capacity is restored."
The Collier County Transportation Planning Department September 21, 2009 comments
about the TIS report are as follows:
"Transportation Element:
4
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS)
and has determined that this project can be found consistent with policies 5.1 of the
Transportation element of the growth management plan.
Oil Well Road Imoacts:
The first concurrency link that would be impacted by this project is Link 119, Oil Well Road
between Immokalee and Everglades Boulevard. The project would generate up to 53 PM
peak hour, peak direction trips on this link, which represents a 3.24% impact. This
concurrency link reflects a remaining capacity of 664 trips in the adopted 2008 AUIR and is
at Level of Service "C".
No subsequent links of Oil Well Road are significantly impacted.
Everalades Boulevard Imoacts:
The first concurrency link on Everglades Boulevard that would be impacted by this project is
Link 135, between Oil Well Road and Golden Gate Boulevard. The project would generate
up to 21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact.
This concurrency link reflects a remaining capacity of 563 trips in the adopted 2008 AUIR
and is at Level of Service "C".
The next concurrency link on Everglades Boulevard that would be impacted by this project is
Link 136, between Immokalee Road and Oil Well Road. The project would generate up to
21 PM peak hour, peak direction trips on this link, which represents a 2.33% impact. This
concurrency link reflects a remaining capacity of 499 trips in the adopted 2008 AUIR and is
at Level of Service "C".
No subsequent links of Everglades Boulevard are significantly impacted.
Immokalee Road Imoacts:
No Immokalee Road links are significantly impacted."
Public Facilities Imoacts:
The petitioner prepared a Public Facilities Level of Service Analysis which was submitted with this
petition.
. Water and Wastewater: There are no LOSS impacts, as the church facilities will use the
private water well and septic system. The subject property is not currently served with water
and sewer service. The Public Utilities Division has responded to this application as follows:
"According to the current 2008 Water and Wastewater Master Plan Updates, this project is
not located within the Collier County Water - Sewer District (CCWSD) Service Area and is
not part of any other existing Utilities District.
By 2012, the CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater
Master Plan Updates, Orangetree will become part of the CCWSD in 2012 and potential
water and sewer demands from this area are included in these Master Plan Updates. There
are an existing 36-inch water main and an existing 16-inch force main on Immokalee Road.
The water and sewer pipelines will be used for the future North East Regional Water and
Wastewater Treatment Plants. Water and sewer services are not currently available. These
pipelines will be activated when the North East Plant is ready. Per our current 2008 AUIR,
the North East Plant project is anticipated to be constructed and in service by 2018. Collier
County Public Utilities does not guarantee a time frame for construction of its capital
projects. If adequate capacity is not available, on-site facilities may be provided to serve the
5
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
needs of the development as stated in the Public Facilities Level of Service Analysis in this
application."
. Solid Waste: Level of service standard is 0.64 tons per capita and impact is expected to be
negligible.
. Drainage: The Subdistrict is located in Flood Zone D. According to agent, there are no
known drainage problems associated with the subject properties and the modifications of
the existing man-made water body are anticipated to increase the capacity and serve as
both the water detention facility and a buffer for neighboring residential uses. The future
development will comply with SFWMD and Collier County rules and regulations.
. Schools, Libraries, Parks and Recreational Facilities: The application does not propose an
increase in residential density; therefore, no additional demand for services is anticipated.
. EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew
Fire District. The nearest EMS services is Medic #10 Station (14756 Immokalee Road) and
the nearest sheriff substation is Golden Gate Sheriff Substation (1195 C.R 858). The
proposed Subdistrict is anticipated to have minimal impacts on safety services and jail
facilities.
Appropriateness of Chanoe:
The existing land use designation of the subject site is "Estates" and is excerpted below from
the Golden Gate Area Master Plan.
"2. ESTATES DESIGNATION
This designation is characterized by low density semi-rural residential lots
with limited opportunities for other land uses. Typical lots are 2.25 acres
in size. However, there are some legal non-conforming lots as small as
1.14 acres. Residential density is limited to a maximum of one unit per
2.25 gross acres, or one unit per legal non-conforming lot of record,
exclusive of guesthouses. Multiple family dwelling units, duplexes, and
other structures containing two or more principal dwellings, are prohibited
in all Districts and Subdistricts in this Designation.
The Estates Designation also accommodates future non-residential uses
including:
. Conditional uses and essential services as defined in the Land
Development Code,
. Parks, open space and recreational uses,
. Group Housing shall be permitted subject to the definitions and
regulations as outlined in the Collier County Land Development Code
(Ordinance 91-102, adopted October 30, 1991 and consistent with
locational requirements in Florida Statutes (Chapter 419.01 F.S.).
. Schools and school facilities in the Estates Designation north of 1-75,
and where feasible and mutually acceptable, co-locate schools with
other public facilities, such as parks, libraries and community centers to
the extent possible.
Group Housing includes the following type facilities:
6
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
. Family Care Facility if occupied by not more than six (6) persons shall
be permitted in residential areas.
. Group Care Facility,
. Care Units,
. Adult Congregate Living Facilities, and
. Nursing Homes.
All of the above uses shall be consistent with all of the Goals, Objectives
and Policies of the Golden Gate Area Master Plan. ..
Proposed Institutional Uses:
Generally, conditional uses (CUs) are permitted throughout the County on most residentially
and agriculturally [the "E" zoning district, while principally allowing a single family dwelling, is
classified as an agricultural zoning district] zoned land. As early as 1991, the residents of
Golden Gate Estates expressed their concerns regarding the scattered approvals of non-
residential conditional uses, with little or no discretionary criteria. The people in the Estates
wanted County Planning policies and zoning provisions to provide a more appropriate amount of
specificity and certainty as to where conditional uses could be expected and would be
considered. They crafted GMP language which provided the certainty expected, with the
adopted result being the Conditional Use provisions written into the Golden Gate Area Master
Plan when it was adopted in 1991. These were SUbsequently revised in 2003-2004 based upon
recommendations of the GGAMP Restudy Committee, a BCC-appointed citizen committee.
That Committee evaluated the areas encompassed by the GGAMP and recommended greater
restrictions on conditional uses in some areas, and additional allowances for other areas, as
reflected in the current GGAMP.
The "Conditional Uses Subdistrict" in the Estates - Mixed Use District within the GGAMP
contains specific provisions for Essential Services CUs, CUs on Golden Gate Parkway and
Collier Boulevard, Transitional CUs adjacent to Neighborhood Centers, Transitional CUs [as
buffers between residential and certain non-residential uses], and, Special Exceptions to CU
Locational Criteria [for certain excavation activities and temporary model homes].
The subject property was not identified as an area appropriate for Conditional Uses nor as an
area in which there was a particular need for Conditional Uses in the GGAMP. In addition, the
subject site exceeds 5 acres and is not between residential and certain non-residential uses,
therefore is not eligible under transitional conditional uses, thus the need for this GMP
amendment to allow a variety of institutional uses. All of the proposed uses except health
services; social services, individual and family, Activity Centers, elderly or handicapped only,
and day care centers, adult and handicapped only are allowed via conditional use in the Estates
zoning district.
The data and analysis provided by applicant in the support of the requested change was limited
to compatibility findings associated with past conditional use approvals. The data did not include
a needs assessment or inventory of community facility or institutional uses in the study area.
Therefore, staff did research on the existing churches, child care facilities and schools and the
results are as follows:
. Number of existing churches for the study area (Corkscrew Planning Community & Rural
Estates Planning Community);
Staff has developed a church inventory map for the study area and found there are 7
existing churches (See Map 1, attached). Only one church (inside Ave Maria University
& Town) in the study area offers child care/day care services.
7
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
. Number of existing child care facilities for the study area (Corkscrew Planning
Community & Rural Estates Planning Community):
Staff has developed a child care facilities inventory map for the study area and found
there are 8 existing child care facilities (see Map 2, attached).
. Number of existing public & private schools for the study area (Corkscrew Planning
Community & Rural Estates Planning Community):
Staff has developed a public/private school inventory map for the study area and found
there are 10 public & private schools for the study area (see Map 3, attached).
. Number of Agriculture zoned parcels that would allow church (Corkscrew Planning
Community & Rural Estates Planning Community):
Since church is allowed by conditional use (CU) in Agricultural Zoning, staff has
developed an inventory of agricultural zoned parcels >= 10 acres (aggregation of two 10-
acre parcels should be considered by applicant) in the study area (see Table 1,
attached) and found that there are 245 agriculture zoned parcels that would allow
church. However, according to agent, none of the listed parcels were selected because
they did not meet applicable site selection criteria employed by the Emmanuel Lutheran
Church in their request for a mission center site. The criteria were:
a. The site(s) selected must have direct access to a collector road;
b. Only a cleared site(s) without sensitive habitats or protected wetiands would be
considered;
c. No site would be considered if it was owned by a church or a religious order;
d. No site should be considered if was in active agricultural use; and
e. No site would be considered if it was located in an existing residential Planned
Unit Development.
Petitioner failed to provide any explanation as how these criteria were developed and why? E.g.
why the sites selected must have direct access to a collector road and why no site would be
considered if it was located in an existing residential Planned Unit Development.
2008 Leaislation - HB 697
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1,
2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for
compliance with this legislation.
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it
discourages urban sprawl and reduces greenhouse gas emissions. The petitioner failed to
address this legislative requirement. It is anticipated that there will be an Objection in the aRC
(Objections, Recommendations and Comments) Report from the Department of Community
Affairs in regards to compliance with this legislation.
Petitions in Vicinity
It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden
Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one
petition (the subject petition) request is for mostly institutional uses, but includes a small
commercial allocation. The location map (Pending GMPAs Locations East of C.R 951) on
following page identifies these five petition sites, what each request consists of, and commercial
opportunities in the surrounding area. The table below also provides information about these
five petitions seeking amendment to the Goiden Gate Area Master Plan.
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CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
Petition Location # Acres Request
CP-2007-1 SE corner CR846IWilson Blvd. 5.17 Create Wilson Blvd. Commercial
Subdistrict to allow max. of 40,000 S.F.
of com'l uses
CP-2007 -2 SW corner of CR846/33rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road
Commercial Subdistrict to allow max. of
70,000 SF of C-1 thru C-3 com'l uses
CP.2007 -3 south side of CRS5S, 1/4 mile west 21.72 Create Mission Subdistrict to allow
of Everglades Blvd. institutional uses (church and related
uses, e.g. child & adult day care), and
limited C-1 com" uses (90,000 s.f.
total, inclusive of 2,500 s.f. of com'lI
CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create new Estates Shopping Center
Gate Blvds. Subdistrict to allow 225,000 s.f of com'l
uses, with requirement to provide a
grocery store [portion of site (4.98 acs.)
lies within existing Neighborhood Center
and could vield 30,099 s.f. of com'll
CP-2008-2 south side of CR846 & Randall Blvd., 56.50 Expand and modify Randall Blvd
from canal east to 8th Street N E Commercial Subdistrict to add 390,950
(inclusive of BCI Fire Station, existing s.f. of limited C-4 & C-5 com'l uses
Randall Blvd. Com'l Subdistrict, and [zoning in existing Subdistrict allows
DOF fire tower site). 41,000 s.f. of com'l on 7.53 acs.l
sum 134.29 769,450 s.f. of com'l [728,450 s.f. is new]
[121.78
acres
are
newl
Golden Gate Estates Area lEast of C.R 951) Commerciallnventorv
In order to accurately assess the commercial demand/supply for the Golden Gate Estates Area
East of C.R 951 (includes sites on west side of, but abutting, C.R 951), staff has developed a
table showing existing commercial inventory as well as potential commercial inventory (vacant
land zoned commercial & vacant land designated as commercial, combined).
Developed Developed Vacant Land Vacant Land Vacant Land Vacant Land
Commercial Commercial Zoned Zoned Designated Designated
SOFT Acres Commercial Commercial Commercial Commercial
SOFT Acres SOFT Acres
Everglades
Blvd/Golden
Gate Blvd 0 0 33,000 5.46 165,000 16.38
Neighborhood
Center
Immokalee
Rd/Everglades .
Blvd 0 0 24,000 6.01 62,253 10.3
Neighborhood
Center
9
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
J)" "';r;. ii! ;; '.Y~.sa~t,.~p' i vae"nfl"rid .Y~fa~t.Lanc:f .I{af?n~ Lan~.
;;:< '~';:j'!ico!'i'.;.
... ....; :';4< Zoned"?' s. .
...;i);;~J.J.,"t,. .~~~.:I;.};Y 'r e; I.."....".....;...,.;.
i!.""!'Y". "[8~t!...........,..., :/' .' A~""~;-"'0;Bj ..5QFT';;....Y, 'Adfe$;! ....!
Corkscrew Island
Neighborhood 0 0 0 0 90,000 8
Commercial
Subdistrict
Randall Blvd
Commercial 23,350 3.71 17,650 3.82 0 0
Subdistrict
Wilson
Blvd/Golden
Gate Blvd 66,463 13.25 89,556 11.14 58,264 9.64
Neighborhood
Center
Collier/Pine
Ridge RO
Neighborhood 28,600 3.86 105,000 17.6 27,863 4.61
Center(abutting
CR951)
Western Estates
Infill 0 0 0 0 41,490 3.93
5ubdistrict(abutti
ng CR951)
Golden Gate
Estates
Commerciallnfill 15,000 2.04 7 68000 0 0
5ubdistrict[abutti
ng CR 951)
Collier Blvd
Commercial 189,674 32.22 36,808 6.09 151,825 25.12
5ubdistrict(abutti
ng CR951)
Orange Blossom 0 0 200,000 44 0 0
Ranch MPUO
Orange Tree 0 0 60,000 22 0 0
MPUO*
Mixed Use
Activity Center 92,172 16.32 289,232 37.59 492,586 81.5
#3
Heritage Bay 0 0 200,000 73.5 0 0
MPUO
Sonoma Oaks
PU O(abutting 0 0 120,000 9.38 0 0
CR951)
Carolina Village
PUO[abutting 0 0 150,000 6.51 0 0
CR951)
Mission Hills 107,818 18.16 92,182 15.29 0 0
PUO(abutting
10
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
CR951)
Richland
PUO(abutting
CR951)
TOTAL
92,172
16.32
138,828
5.48
o
o
615,249 105,88 1,556,263 68,263.87 1,089,281
(Source: 2009 Property Appraiser database, zoning maps & 2009 pu~ database)
*There is a pending petition to increase the commercial square feet in Orangetree PUD to 332,000 square feet.
159.48
The total existing developed commercial square feet is 615,249 and the potential additional
commercial square feet is 2,645,544, as shown above.
Commercial Demand Analvsis
The petitioner prepared a Market-Conditions Studv analyzing market conditions within the Rural
Estates and Corkscrew Planning Community Districts (PCDs)
The findings of the study are as follows:
. By the year 2015, the permanent populations of the Corkscrew PCD and the Rural
Estates PCD is projected to grow 143.72 percent from 19,834 in 2000 to 48,340 in 2015,
an increase of 28,506 persons according to May 29, 2009 estimates provided by the
County's Comprehensive Planning Section.
. The accelerated population growth in the Corkscrew Planning Community District (PCD)
and the Rural Estates PCD clearly demonstrates potential support from present and
future residents of the Emmanuel Lutheran Church catchment area for services offered
by the Mission Center.
Further, the market conditions study utilized 2007 Collier County commercial Land use inventory
to document the need for new non-residential uses - commercial, conditional use, and public
facilities for the study area. But the inventory included non-commercial square footage and
acreage, such as code 38 (Golf Courses) and code 40-48 (Industrial Use) which should not be
counted as part of the commercial inventory. Petitioner provided a lot of data regarding
commercial uses but almost no analysis had been performed on these properties.
In conclusion, it states "Commercial square footage, and acreage, analyzed by study area
planning communities, demonstrates that residents of the Corkscrew PCD and the Rural
Estates PCD are underserved due to a notable lack of well-located businesses and service
enterprises offering needed goods and services to catchment area resident."
The petitioner has not provided data & analysis supporting their concluding claims stated above.
In fact, numerous commercial development opportunities are provided, including pre-zoned
commercial land yet to be developed, Neighborhood Centers, Commercial Subdistricts already
existing or planned in the Golden Gate Estates Area.
Staff has provided comparison data taken from 2009 Commercial Inventory data, PUD database
and zoning maps. The findings of the updated reference sources are as follows:
11
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
. Existing Developed Commercial SQFT: 484,151 s.f (see Map 4, attached)
. Vacant Land Zoned or Designated Commercial Acres & SQFT: 200.86 Acres, 1,236,223
s.f (see Table 2, attached)
. Average Household Income: $48,336 (see Map 5, attached)
Based on the commercial inventory above, there is sufficient amount of commercial land SQFT
to support the population in the study area planning communities. No additional commercial
SQFT is needed.
In addition, it should be noted that the growth has trended downward and there are a lot of
vacant commercial in the market, the real estate stagnation and growth decline has also
postponed or eliminated the need for additional commercial space.
NEIGHBORHOOD INFORMATION MEETING INIMl NOTES:
The Neighborhood Information Meeting (NIM) was held on September 3, 2009, after the
applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land
Development Code.
Nine people attended the NIM, held at Agriculture Center-IFAS Extension Office, 14700
Immokalee Road, Naples, FL.
. The following is a synopsis of the meeting:
1. Agent for the petitioner, Mr. Bob Duane, and members of his team opened the
meeting at 5:34 p.m, welcoming everyone. He introduced himself, Beth Yang, Ted
Treesh, Steven Wigdahl and Tom Gemmer, and County staff Beth Yang, initiated
the tape recording process. He indicated that the appropriate notices of the
meeting had been given, including an advertisement in the newspaper and a
mailing to all property owners within 1000 feet of the site under review. Using
visual displays of aerial maps, he showed the area under review, and displayed
an early version of a draft site plan.
2. Bob Duane gave a summary of the meeting purpose which was to preview a
request for an amendment to the Golden Gate Master Plan. He explained that due
to current restrictions on types of development included in the Master Plan,
Emmanuel Lutheran Church needed to request an amendment to the plan which
would allow the types of development envisioned in their proposal.
3. Bob Duane gave on overview of the anticipated timetable related to this request.
A hearing with the Planning Commission is scheduled for October 19,2009, with a
staff report prepared 30 days prior. A subsequent hearing before the Board of
County Commissioners would take place on January 19, 2010. After review at the
state level, the request would again be heard by the Planning Commission and
the Board of County Commissioners prior to final approval. At that time Emmanuel
Lutheran Church could make application for zoning changes based on further
planning. He indicated that the public would be notified of all of these steps.
4. Bob Duane explained that Emmanuel Lutheran Church has identified a need for a
variety of community services in the area under review, and that they felt the
church could help address these needs through their proposal.
12
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
5. Steve Wigdahl was asked to elaborate on the proposal. He summarized the
history and current ministries of Emmanuel Lutheran Church, and indicated that
there is a history of involvement in the community, and a desire to meet
community needs through provision of additional mission opportunities. The
church's discovery process showed a need for family and community services in
the area under review, with an increasing population and yet a lack of concomitant
growth in services. The church staff indicated that the current congregation would
be supporting this new mission center, and it would be an extension of Emmanuel
Lutheran Church rather than a standalone center.
6. Mrs. Chris Farlow, area resident, asked for clarification on the kinds of health
services being considered. Steve Wigdahl explained that this would be done in
partnership with other health and community agencies, and would not be clinical
direct care services, but rather wellness and education services related to health
care issues. All such services would be open to the community and not restricted
to church members.
7. Mr. James Farlow, area resident, asked if any consideration had been given to
inclusion of rehabilitation services or halfway houses, or similar offerings. The
church staff indicated that no such plans were being considered, and that there
would be no residential facilities at all.
8. Bob Duane clarified that under C-1 uses there are limited clinical services allowed,
and that the health services component was only a small portion of the proposal.
Beth Yang added that the proposal stated that no more than 2,500 square feet
would be used for health services.
9. Peter Gaddy introduced himself as the Vice President of the Golden Gate Estates
Area Civic Association, and indicated that he had already previewed the
comprehensive plan amendment request. At a recent meeting of the civic
association the proposal was reviewed for both positive and negative impact. The
Board agreed that there was no evidence of negative impact from this proposal,
and that indeed the proposed services are precisely what are needed in the area
under review. The association board feels that such community services are
limited or absent. He stated that in their opinion this was a very worthwhile project,
an exciting event for the residents, and a very positive development for the
Golden Gate Estates area.
10. Peter Gaddy asked if the meeting space in the proposed mission center would be
available for use by the community. The church staff indicated that it would be,
and that this was a desired outcome of the project.
11. Peter Gaddy requested electronic versions of the visual displays brought by Bob
Duane, who indicated that the aerial maps would be readily available. A draft site
plan was prepared very early in the development phase and was felt to be too
unclear to be shared at this point, until further study and revision later in the
process.
The meeting concluded at approximately 6:00 p.m.
[Synopsis prepared by Tom Gemmer, Director of Administration, Emmanuel Lutheran Church
and modified by B. Yang, Principal Planner)
13
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
FINDING AND CONCLUSIONS:
. The Transportation Division was able to recommend that GMP Amendment application CP-
2007-3 can be found consistent with policy 5.1 of the Transportation Element of the GMP.
. As a result of this amendment there are no significant impacts to public facilities, as defined
in the Capital Improvement Element with respect to stormwater drainage, portable water,
sanitary sewer, solid waste, community and regional parks.
. Staff pre-app notes clearly requested analysis of sites that allow the proposed use without
need for GMP Amendment, including RFMUD Neutral & Receiving Lands, Golden Gate
Estates, Rural Settlement Area ---this means commercial zoning that allows use by right as
well as sites and zoning that allows use by Conditional Use (CU). Agent failed to provide the
needed data & analysis.
. Church is allowed by conditional use (CU) in Agricultural Zoning, there are 245 agriculture
zoned parcels >= 10 acres in the study area and agent failed to provide valid explanation as
why these lands are not eligible. (E.g. why the sites selected must have direct access to a
collector road, etc.).
. The data and analysis provided in the support of the requested institutional change was
limited to compatibility findings associated with past conditional use approvals. The data did
not include a needs assessment or inventory of community facility or institutional uses in the
study area.
. The Estates Zoning within the Golden Gate Estates Subdivision (defined in the land
development code) does not permit C-1 uses such as health services, medical facilities
(such as physician's offices, medical clinics, treatment, research and rehabilitative centers);
social services, individual and family, Activity Centers, elderly or handicapped only, and day
care centers, adult and handicapped only as conditional uses.
. Based upon existing developed & vacant commercial inventory in the study area, staff
believes there is not a need for additional commercial development to serve the surrounding
communities.
. Approval of this petition is likely to lead to other similar future requests.
. If approved, project development will be subject to lighting restrictions in Policy 5.1.1.
. The proposed Growth Management Plan Amendment is inconsistent with the Golden Gate
Area Master Plan (GGAMP) vision for development of commercial and institutional uses in
Golden Gate Estates Area.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed and approved by the County Attorney's office.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CP-2007-3 to
the Board of County Commissioners with a recommendation not to transmit to the Florida
Department of Community Affairs.
However, should the CCPC choose to recommend transmittal, staff recommends the following
revisions to the proposed subdistrict (single underline text is added, as proposed by petitioner;
double underline text is added, as proposed by staff; 8Slol131s stril\s tRrslol!lR text is deleted, as
proposed by staff):
First Alternative - "clean-up" of petitioner's text.
2. Mission Subdistrict
[new text, page 33]
14
CP-2007-3 Mission Subdistrict
Agenda Item 4.F.
+Ili& The Mission Subdistrict is located on the south side of Oil Well Road. aooroximatelv one-
auarter mile west of Everalades Boulevard. and consists of 21.72 acres. The ouroose of this IRe
Subdistrict is to orovide for a church and related uses. includino limited commercial uses for
community outreach. 1'1;;]888 1=1888 'x9wla iRSl1al8S tR8 The followina uses are allowed' iR-4Ae
CeFRFiR8FSial PFsfeeeisRal aRe ~9RQral Qffiee gistrist C 1- sRils sare 8917 'i8is: R881tR 8817 'juBB
effiBe8 eRa sliRiBs. limited to a RX18HiJiRhHN sf ~ 899 sewere feet sf fi8er area: Bssiel s9P'isBS
iRsj"iewal BRa faFFlil':: .~.eti':it: CaRfare. elserl': R8RSis888CiHI 8RI':. 88" eare 88Rt8FB. aawlt aRs
R8Raieiil8888 sRlv. rsliaiewG eraaRiaati8R8. BRwrSR8B BRa eaWEiatieR81 BleRts (BFi':ate BeRsslL
a) Churches
b) Child care centers and adult dav care centers
c) Private schools
d) Individual and familv social services (activitv centers elderlv or handicaooed onlv' dav
care centers adult and handicaooed onlv\.
e) Health services. offices and clinics as oermitted bv rioht in the C-1 zonina district in the
Collier Countv Land Develooment Code (Ordinance No. 04-41 as amended). This use
shall be limited to a maximum floor area of 2 500 souare feet
The maximum total floor area allowed in this Subdistrict is 90.000 sauare feet. The maximum
heiaht of buildinas shall be 30 feet. Develooment in IRe this Subdistrict shall be desianed to be
comoatible with the existina. and allowed future. develooment in the surroundina area.
In the alternate to the foreaoina uses. QRQ measures of develooment intensitv, and develooment
standards. this IRe Subdistrict mav be develooed with sinale familv dwellinas at a densitv of one
dwellina unit oer 2.25 acres.
OR
Second Alternative - "clean-up" of petitioner's text AND remove commercial uses (non-Estates
zoning conditional uses).
2. Mission Subdistrict
+Ili& The Mission Subdistrict is located on the south side of Oil Well Road. aooroximatelv one-
auarter mile west of Everalades Boulevard. and consists of 21.72 acres. The ouroose of this IRe
Subdistrict is to provide for fit church and related uses. TRess \,1888 '''swIGf iRelwge tR8 The
followina uses are allowed: iR tR8 CSFRR"l8FSial Prefessi8Ral BRS ~8F18r81 Qffie8 9ietriet (' 1:
BRile sars 8sp:isss: RealtR s8P:ie8e. emBes aRe eliRi9s. liR"litse te a R"laltiR"lwR"l af J.iQg e8ware
fest sf ~88r 8j::88: sssial s8P'ia8s iRsi"ie\!!l81 eRs faR"lil": '\eti':it': ~aFltBrs, elserl': R8F1sie8BBeB
SRI':. SEll': sars BSRterfi. 8awlt BRa R8F1sie8BBSB SRI':. r:sliaiew€i er:aaRi:aatisRB. 8RwreRss eRe
88weatieRal sleRts (sFi':at8 88R8SI)'
a) Churches.
b) Child care centers and adult dav care centers.
c) Private schools
The maximum total floor area allowed in this Subdistrict is 90.000 sauare feet. The maximum
heiaht of buildinas shall be 30 feet. Develooment in IRe this Subdistrict shall be desianed to be
comoatible with the existina. and allowed future, develooment in the surroundina area.
15
AgenOa Item 4.F.
CP.2007.3 Mission Subdistlict
In the alternate to the foreGoinG uses. aIMiI measures of develooment intensity. and develoomenl
standards. this #Kl Subdistrict mav be develooed with sinGle familv dwellinGs at a densltv of one
dwellina unit per 2.25 acres.
PREPARED BY:
I \./ C; /.., r') " ,}
'.~./ v'-<') DATE:~~_
BETH'YANi:'AICP,PRINCIPAf?LANr:,iER- ..'
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
J: _::~., __~~~~//.___.. _____.__
DAVID WEEKS, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY: ~
R~~L,CP' DI~EcTOR-
COMPREHENSIVE PLANNING DEPARTMENT
~, .. ,
DATE: . / . { 'f
---...+---'-.---- ---
DATE :1:: 2'1-0..1
APPROVED BY:
//
DATE: q,hy'~t'______
- - .
PH K. SCHMITT, ADMINISTRATOR
MUNITY DEVELOPMENT &
VIRONMENT AL SERVICES DIVISION
Petition No: CP-2007-3
Staff Report for the October 19, 2009 CCPC Meeting
Note: This petition has been advertised for the January 19, 2010, BCC Meeting,
COLLIER COUNTY PLANNING COMMISSION:
-------~-----'"~----'-
MARK P. STRAIN. CHAIRMAN
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TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00098000009 SUKIRAN 211INC 23 47 27 10.07
00215520003 CCW OAK HAVEN EA5T llC 30 48 27 18.60
00215920001 ESTATES ATTWINEAGlES l TO, THE 30 48 27 10.06
00208080000 MCCLELLAN, SIDNEY RAY 36 48 26 20.84
00207920006 Me COllUM, GERAlOo& SYBlE 36 48 26 18.19
00301320007 SYMPHONY REAL ESTATE lTO 13 49 27 41.36
00311120006 CATALANO, ARLENE M 21 49 27 20.82
00314240006 DEWANE, BISHOP FRANK J 22 49 27 1876
00191881701 FOGG JR, STANlEYo& THERESA M 25 48 26 12.87
00213960005 2430 CATAWBA STREET llC 29 48 27 10.05
00215360001 ESTATES ATTWINEAGlE5 lTO 30 48 27 19.46
00215960003 ESTATES AT TWINEAGlES lTD 30 48 27 10.05
00092080009 EAGLE ISLAND INVESTMENTS I llC 13 47 27 89.28
00092400003 EAGLE ISLAND INVESTMENTS I llC 14 47 27 146.31
00092240001 TROYER INC, C K 14 47 27 116.32
00095680008 RABADI, VICTOR Ao& MYRA J 23 47 27 14.30
00096240007 FLORES JR, PEDRO Gllo& NORMA E 23 47 27 19.47
00097920009 WARNEKE, DAVID W 23 47 27 10.05
00110760706 WilLIAMS TR, ROBERT E 26 47 27 32.00
00107920009 WilLIAMS TR, ROBERT E 26 47 27 12.55
00092520006 GOET2, ElLlN 14 47 27 37.75
00206920007 MC CUllEY, JAMES A 36 48 26 19.32
00208000006 MC COllUM, WAYNEo& SYBlE 36 48 26 19.74
00307520005 PAU JR, ARNOLD 15 49 27 20.90
00309280000 STAHLMAN LANDSCAPE COMPANY 15 49 27 15.67
00309240008 YANG, PAUL Ko& GRACE J DAI 15 49 27 10.44
00326520002 MALONEY, GRACE 28 49 27 21.35
00326520109 MALONEY, TIMOTHY P 28 49 27 20.79
00326080005 ROCKlANO llC 28 49 27 493.94
00326400009 HOFFMAN, ROY 28 49 27 10.38
00328520000 SCHIANO, JOHN lo& ELEANORA 28 49 27 20.69
00207200001 CALOOSA RE5ERVE llC 36 48 26 20.19
00311680203 FRK PUTNAM llC 21 49 27 146.22
00327520001 ROCKLAND llC 28 49 27 41.S3
00327600002 ROCKLAND llC 28 49 27 28.44
00310280002 BROWN JR TR, JAMES A 21 49 27 197.78
00310360003 ROCKLAND lLC 21 49 27 151.61
00106680007 DAVENPORT, ROBERT Eo& lYNETTE 25 47 27 13.44
00106680007 DAVENPORT, ROBERT Eo& l YNETTE 25 47 27 29.23
1
TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00208360005 MC COLLUM, GERALD W=& SYBLE W 36 48 26 17.77
61730160000 AMERICAN FARMS L TO 24 49 26 26.10
00310240000 BELLE MEADE PARTNERS LLC 20 49 27 672.36
00310000004 EDGAR, JOHN 15 49 27 10.40
00210920006 ESTATES AT TWIN EAGLES LTD 29 48 27 246.86
00113480009 BaRAN TR, MICHAEL 35 47 27 602.84
00092120105 EAGLE GROVE L C 13 47 27 136.58
00103840303 BECKER, GERHARD 24 47 27 14.04
00107920009 WILLIAMS TR, ROBERT E 26 47 27 13.25
00209160204 CAL005A RESERVE LLC 36 48 26 39.52
00209200009 BORAN TR, MICHAEL 1 48 27 696.75
00113520008 BORAN TR, MICHAEL 36 47 27 617.65
00209280003 GARGIULO TR, JEFFERY D 3 48 27 315.54
00209240001 BORAN TR, MICHAEL 2 48 27 660.56
00307440004 YANG, PAUL K 15 49 27 20.85
00309440002 SMITH, J RICHARD 15 49 27 15.74
00308920002 SHERF, OAVID A 15 49 27 16.37
00308560006 GARGIULO INC 15 49 27 10.84
00307280002 MALONEY, GRACE 15 49 27 20.79
00307560007 BLUMERT, MICHAL 15 49 27 15.58
00307280002 MALONEY, GRACE 15 49 27 20.79
00308440003 STAHLMAN LANDSCAPE COMPANY 15 49 27 20.46
00219200002 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61
00219320005 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.57
00219240004 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61
00219280006 ESTATES AT TWINEAGLE5 LTD, THE 31 48 27 10.44
OD219200002 ESTATES AT TWINEAGLES LTD, THE 31 48 27 10.61
00219400006 ESTATES AT TWIN EAGLES LTD, THE 31 48 27 30.39
D0219360007 ESTATES AT TWINEAGLES LTO, THE 31 48 27 10.43
00219320005 ESTATES ATTWINEAGLES LTD, THE 31 48 27 10.57
00219280006 ESTATESATTWINEAGLES LTD, THE 31 48 27 10.44
00219240004 ESTATES AT TWIN EAGLES LTD, THE 31 48 27 10.61
00219400006 ESTATES AT TWINEAGLES LTD, THE 31 48 27 30.39
00219400006 ESTATES AT TWIN EAGLES LTD, THE 31 48 27 30.39
00219400006 ESTATES AT TWINEAGLES LTO, THE 31 48 27 30.39
00299600004 MATHEWS, BILL=& CATHERINE 13 49 27 10.31
00063800001 CCW82 LlC 8 46 29 39.77
00064280109 CCW82 LLC 8 46 29 20.11
00063840003 CCW82 LLC 8 46 29 18.26
2
TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00064040006 COCHRAN.GEORGEVV~&JOANN 8 46 29 10.11
00091200204 HALF CIRCLE L RANCH PTNSHIP 34 46 30 54.59
00139000007 BARRON COLLIER INVESTMENTS L TO 5 47 30 284.84
00139960008 COLLIER LAND HOLDINGS LTO 23 47 30 628.65
00139920006 COLLIER LAND HOLDINGS LTD 22 47 30 632.54
00139800003 COLLIER LAND HOLDINGS LTD 20 47 30 64S.87
00140080003 COLLIER LAND HOLDINGS LTO 26 47 30 632.70
00140120002 COC LAND INVESTMENTS INC 27 47 30 636.63
00140160004 COLLIER LAND HOLDINGS LTO 28 47 30 640.59
00140560002 COLLIER LANO HOLDINGS LTO 35 47 30 317.89
00140400007 COLLIER LAND HOLDINGS LTO 32 47 30 300.43
00226000208 QUINA FAMILY LLC 1 48 29 20.35
00226000402 QUINA FAMILY LLC 1 48 29 20.34
00226001003 L1NCER, WALTER M 1 48 29 21.32
00226760001 NORTHSIOE PARTNERSHIP 11 48 29 463.3S
00226800107 HUNT, GELLIS 12 48 29 127.16
00233360009 CDC LAND INVESTMENTS INC 17 48 30 158.45
00226920100 NORTHSIDE PARTNERSHIP 14 48 29 43.63
00226920207 ENGLISH BROS 14 48 29 83.51
00226840303 B & A GROVES iNC 13 48 29 24.85
00226760205 ENGLISH BROS 11 48 29 81.83
00226920304 ENGLISH BR05 14 48 29 274.57
00063880005 CCVV82 LLC 8 46 29 50.62
00226120104 THARPE, JOHN M 2 48 29 50.63
00226120609 IMMOKALEE GROVES INC 2 48 29 48.49
00226000800 HUNT BR05 INC 1 48 29 12.84
00226800505 VVILSON TR, P T 12 48 29 141.83
00226800806 LAKE FLORENCE PARTNERS, LTO 12 48 29 51.41
00226840808 COV S05 INC 13 48 29 18.65
00226001304 LATT MAXCY CORPORATION, THE 1 48 29 45.20
00226001207 HAYMAN, CAROL ANNE 1 48 29 99.08
00226000907 HICKORY BRANCH CORPORTATION 1 48 29 78.48
00226000509 G & E HOLDINGS INC 1 48 29 20.62
00226000606 HUNT BROS INC 1 48 29 23.62
00226001100 HUNT BROS INC 1 48 29 40.85
00226000101 HUNT, GELLIS 1 48 29 70.88
00226800204 TURNER INVESTMENT, LTO 12 48 29 49.62
00226800602 LLOYD III, CALVIN P~& ANN A 12 48 29 18.86
00226840109 COV 505 INC 13 48 29 10.34
3
TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00226800709 LABELLE FRUIT COMPANY LLe 12 48 29 30.60
00226840206 S & J FAMIL Yl TO PRTNRSHP 13 48 29 46.34
00226880004 ENGLISH BROS 14 48 29 35.81
00226840507 PAT WILSON INC 13 48 29 68.21
00222880008 COLLIER LAND HOlDINGS LTO 11 48 28 619.13
00222920104 cac LAND INVESTMENT5LLC 12 48 28 530.44
00140480001 COlLIER LAND HOlDINGS LTO 33 47 30 65709
00231684004 COLLIER GROVES L TO 5 48 30 309.38
00231840000 cae LAND INVE5TMENT51NC 8 48 30 301.34
00139120000 BARRON COlLIER INVESTMENTS L TO 8 47 30 661.59
00140520000 COLLIER LAND HOLDING5LTO 34 47 30 649.71
00139160002 BARRON COLLIER INVE5TMENT5LTO 9 47 30 449.22
00139200001 BARRON COlliER INVESTMENTS LTO 10 47 30 458.96
00139200108 BARRON COlLIER PARTNERSHIP 10 47 30 179.08
00231760009 COLLIER LAND HOLOING5LTO 7 48 30 647.86
00233600002 COlliER LAND HOLDINGS L TO 18 48 30 484.34
00232040304 COlLIER GROVE5LTO 8 48 30 29.21
00222480107 cac LAND INVESTMENTS LLC 1 48 28 526.24
00139160109 BARRON COLLIER PARTNERSHIP 9 47 30 204.22
00139600009 COLLIER LAND HOlDING5LTO 17 47 30 664.12
00140200003 COLLIER LAND HOLDING5LTD 29 47 30 391.14
00231720007 COlliER GROVES L TO 6 48 30 480.65
00231720104 COLLIER LAND HOLDING5LTO 6 48 30 211.29
00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 61.70
00223000007 cac LAND INVESTMENTS LLC 14 48 28 617.68
00223040009 cac LAND INVESTMENTS LLC 15 48 28 674.46
00226840400 LAn MAXCY CORPORATION, THE 13 48 29 219.23
00226160009 SOUTH FLORIDA VENTURE 3 48 29 305.84
00226640008 SOUTH FLORIOA VENTURE 10 48 29 75.29
00090160002 HALF CIRCLE L RANCH PTN5HIP 27 46 30 671.34
00090120000 HALF CIRCLE L RANCH PTNSHIP 26 46 30 669.46
00091240206 HALF CIRCLE L RANCH PTN5HIP 35 46 30 50.78
00091240002 BARRON COlLIER INVESTMENTS L TO 35 46 30 9597
00091240002 BARRON COLLIER INVESTMENTS L TO 35 46 30 29.25
00091200107 BARRON COLLIER PARTNERSHIP 34 46 30 86.07
00091240002 BARRON COLLIER INVESTMENTS LTO 3S 46 30 169.67
00139280102 BARRON COLLIER PARTNERSHIP 11 47 30 69.11
00089960006 HALF CIRCLE L RANCH PTNSHIP 22 46 30 656.64
00089880005 cac LAND INVESTMENTS INC 20 46 30 627.21
4
TABLE 1: EMMANUel LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00090320004 GOPHER RIOGE II JOINT VENTURE 29 46 30 201.45
00226200008 IMMOKALEE GROVES INC 3 48 29 323.43
00090280005 CDC LAND INVESTMENTS iNC 29 46 30 468.44
00063760002 BLOCKER, DEAN M 8 46 29 85.05
00063640009 CCW82 LLC 8 46 29 38.64
00140640003 COLLIER LAND HOLDINGS L TD 36 47 30 217.41
00140680005 COLLIER CO, THE 36 47 30 424.88
00140600001 COLLIER CO, THE 35 47 30 331.39
00139440007 THOMAS fARMS LTD, C A 15 47 30 483.19
00139480009 BARRON COLLIER INVESTMENTS l TD 15 47 30 160.18
00139520008 THOMAS fARMS L TO, C A 16 47 30 450.09
00139560000 THOMAS fARMS LTO, C A 16 47 30 206.60
00139880007 COLLIER LAND HOLDINGS L TO 21 47 30 636.46
00222840006 COLLIER lAND HOLDINGS LTD 10 48 28 661.61
00065680009 SOUTHWESTERN PROPERTIES llC 19 46 29 144.37
00091120203 GNAGEY fAMILY LLC 32 46 30 553.77
00091200000 BARRON COLLIER INVESTMENTS lTO 34 46 30 523.52
00139001006 GNAGEY fAMilY llC 5 47 30 310.76
00090600009 BARRON COLLIER INVESTMENTS L TO 32 46 30 97.97
00139000007 BARRON COLLIER INVESTMENTS LTO 5 47 30 20.34
00138920007 BARRON COLLIER INVESTMENTS lTO 3 47 30 362.06
00138960106 BARRON COLLIER PARTNERSHIP 4 47 30 159.52
00138960009 BARRON COLLIER INVESTMENTS LTO 4 47 30 77.93
00138960009 BARRON COLLIER INVESTMENTS LTO 4 47 30 58.88
00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 20.56
00138920104 BARRON COLLIER PARTNERSHIP 3 47 30 106.81
00138920007 BARRON COLLIER INVESTMENTS LTO 3 47 30 104.10
00091280101 BARRON COLLIER PARTNERSHIP 36 46 30 208.82
00138880008 BARRON COLLIER INVESTMENTS LTO 2 47 30 112.2 5
00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 33.75
00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 143.37
00138800004 BARRON COLLIER INVESTMENTS LTD 1 47 30 262.68
00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 102.08
00138840006 BARRON COLLIER INVESTMENTS LTO 1 47 30 20.59
00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 115.37
00138880008 BARRON COLLIER INVESTMENTS LTO 2 47 30 57.67
00138880105 BARRON COLLIER PARTNERSHIP 2 47 30 129.18
00138880008 BARRON COLLIER INVESTMENTS lTO 2 47 30 133.85
00138840103 BARRON COLLIER PARTNERSHIP 1 47 30 38.54
5
TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00139240003 BARRON COLLIER INVESTMENTS LTO 11 47 30 554.43
00139320004 BARRON COlLIER INVESTMENTS LTD 12 47 30 609.80
00089520006 HALF CIRCLE L RANCH PTNSHIP 14 46 30 662.05
00090000007 HALF CIRCLE L RANCH PTNSHIP 23 46 30 664.35
00090040009 HALF CIRCLE L RANCH PTNSHIP 24 46 30 66735
00090080001 GRAINGER L.~NO LLC 25 46 30 606.68
00091280208 BAR iT INC 36 46 30 7664
00091240109 BARRON COLLIER PARTNERSHIP 35 46 30 315.49
00139360006 COLLIER LAND HOLDiNGS LTO 13 47 30 61330
00139400005 COLLIER LAND HOLDINGS L TO 14 47 30 640.63
00140000009 COLLIER LAND HOLDINGS LTD 24 47 30 624.79
00090080205 MCCLELLAND, ROBERT LEE 25 46 30 29.43
00090080409 GRAINGER LAND LLC 25 46 30 25.38
00089480007 HALF CIRCLE L RANCH PTNSHIP 13 46 30 664.12
00091280004 BARRON COLLIER INVE5TMENT5LTD 36 46 30 387.26
00140040001 COLLIER LAND HOLOING5LTO 25 47 30 628.81
00138600000 BARRON COLLIER INVESTMENTS LTO 33 47 29 25.06
00222960106 BARRON COLLIER INVESTMENTS LTO 13 48 28 76.32
00222960009 COC LAND INVESTMENTS LLC 13 48 28 446.44
00226680000 HELLER BROS PACKING CORP 10 48 29 401.47
00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 11.22
00091160205 WORTHINGTON/COLLIER LLC 33 46 30 114.39
00091160108 GNAGEY FAMILY LLC 33 46 30 527.32
00138960203 GNAGEY FAMILY LLC 4 47 30 262.11
00138960300 WORTHINGTON/COLLIER LLC 4 47 30 47.39
00089280003 ALlCO LAND DEV CORP 8 46 30 652.75
00089320002 ALlCO LAND DEV CORP 9 46 30 654.77
00089680001 CDC LAND INVESTMENTS INC 17 46 30 680.85
00089600007 ALlCO LAND DEV CORP 16 46 30 667.26
00089560008 HALF CIRCLE L RANCH PTNsHIP 15 46 30 661.69
00089920004 ALlCO LAND DEV CORP 21 46 30 629.27
00090241002 BARRON COLLIER INVESTMENTS LTO 28 46 30 33.54
00090200001 WORTHINGTON/COLLIER LLC 28 46 30 523.93
00090240003 COC LAND INVESTMENTS INC 28 46 30 94.97
00115280003 BARRON COLLIER INVE5TMENTsLTO 36 47 28 1542.48
00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 83.21
00138560409 BARRON COLLIER PARTNERSHIP 32 47 29 553.64
00226960005 HELLER BROS PACKING CORP 15 48 29 567.18
00222560001 COLLIER LAND HOLDING5LTO 3 48 28 692.22
6
TABLE 1: EMMANUEL LUTHERAN CHURCH CP-2007-3
AGRICULTURE LAND >= 10 ACRES THAT WOULD ALLOW CHURCH
00222520009 COLLIER LAND HOLDINGS LTO 2 48 28 633.52
00223080001 WINCHESTER LAKES CORP 16 48 28 660.69
00138601025 AVE MARIA DEVELOPMENT LLLP 33 47 29 86.35
00138600000 BARRON COLLIER INVESTMENTS LTO 33 47 29 139.30
00138600000 BARRON COLLIER INVESTMENTS l TO 33 47 29 120.41
00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 781.94
22689020023 AVE MARIA UNIVERSITY INC 33 47 29 13.62
00226240204 BARRON COLLIER PRTNRSHP LLLP 4 48 29 1411.06
00226440004 BARRON COLLIER PARTNERSHIP 8 48 29 588.77
00138600301 AVE MARIA DEVELOPMENT LLLP 33 47 29 23.85
00138600301 AVE MARIA OEVELOPMENT LLLP 33 47 29 195.40
Created by: Beth Yang, AICP ~
Comer County
Comprehensive Planning Department ~
7
TABLE 2: EMMANUAL LUTHERAN CHURCH CP-2007-3
VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED)
49660082681 CAMERON PARTNERS LLC PUD 24,4 78 4.05
26095000183 TiB BANK PUD 9,973 1.65
26095000387 CHM NAPLES HOTEL PRTNER5 LLC PUD 27,500 4.55
26095000361 CHM NAPLE5 II HOTEL PRTNRS LLC PUD 24,539 4.06
76885050050 TOLL GATE COMMERCIAL CENTER PUD 8,401 1.39
00065080007 CHAPMAN, A R A-MHO 25,445 4.21
00065400001 PIONEER PLAZA INC C-2 34.451 5.70
26095000206 RAI RESTAURANTS INC PUD 11,363 1.88
26095000222 RAI RESTAURANTS INC PUD 10,517 174
26095000248 CITYGATE DEVELOPMENT LLC PUD 10,093 1.67
26095000264 CiTYGATE DEVELOPMENT LLC PUD 9,912 1.64
26095000280 CiTYGATE DEVELOPMENT LLC PUD 9,066 1.50
26095000303 ClTYGATE DEVELOPMENT LLC PUD 7,192 1.19
26095000086 CITYGATE DEVELOPMENT LLC PUD 16,198 2.68
26095000109 SOUTHERN MANAGEMENT CORP PUD 8,582 1.42
26095000329 C1TYGATE DEVELOPMENT LLC PUD 6,165 1.02
26095000345 CiTYGATE DEVELOPMENT LLC PUD 7,011 1.16
00113120107 WILLIAMS TR, ROBERT E C-2 25,627 4.24
49660083185 CAMERON PARTNERS LLC PUD 16,198 2.68
49660080528 CAMERON PARTNER5 LLC PUD 16,258 2.69
49660083745 CAMERON PARTNERS LLC PUD 16,681 2.76
49660081585 LENNAR HOMES LLC PUD 110,061 18.21
22671200026 AVE MARIA DEVELOPMENT, LLLP A-MHO 18,616 3.08
22671202309 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,187 1.52
22671201902 AVE MARIA DEVELOPMENT, LLLP A-MHO 10,456 1.73
22671202202 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,126 1.51
22671201805 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,852 1.63
22671201708 AVE MARiA DEVELOPMENT, LLLP A-MHO 6,044 1.00
22671202406 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,247 1.53
22671201504 AVE MARIA DEVELOPMENT, LLLP A-MHO 8,764 1.45
22671202503 AVE MARIA DEVELOPMENT, LLLP A.MHO 9,126 1.51
22671202600 AVE MARIA DEVELOPMENT, LLLP A-MHO 33,242 5.50
22671201407 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,550 1.58
22671202804 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,126 1.51
37169520106 COLLIER CNTY CPUD 9,912 1.64
22671200327 AVE MARIA DEVElOPMENT, LLLP A-MHO 18,616 3.08
22671200220 AVE MARiA DEVElOPMENT, LLLP A-MHO 20,731 3.43
22671200123 AVE MARIA DEVELOPM ENT, LLLP A-MHO 18,374 3.04
22671202901 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,247 1.53
22671203007 AVE MARIA DEVELOPMENT, LLLP A-MHO 9,006 1.49
22671201601 AVE MARIA DEVELOPMENT, LLLP A-MHO 22.484 3.72
22671201300 AVE MARIA DEVELOPMENT, LLLP A-MHO 8,341 1.38
49660081080 BAY DEVELOPMENT LLC PUD 69,687 11.53
22671003812 AMD-FCB LLP A-MHO 28,407 4.70
22671202008 AVE MARiA DEVELOPMENT, LLLP A-MHO 21,758 3.60
22671202105 AVE MARIA DEVELOPM ENT, LLLP A-MHO 14,385 2.38
22671201203 MPG AVE MARiA LTO A-MHO 11,846 1-96
22671202707 AVE MARIA DEVELOPMENT, LLLP A-MHO 33,061 5.47
22671201106 AVE MARIA DEVELOPMENT, LLLP A-MHO 30,704 5.08
1
TABLE 2: EM MANUAL LUTHERAN CHURCH CP-2007-3
VACANT COMMERCIAL SQFT (ZONED AND DESIGNATED)
39155200001
40680040000
40629000001
40930760001
40930720009
37221120208
39155160002
39091800002
39082080006
37280040002
37119880003
VARIOUS
VARIOUS
VARIOUS
37280080004
37280160005
37280120003
VARiOUS
VARIOUS
VARiOUS
40680040000
VARIOUS
VARIOUS
RANASINGHE, NADESHA
TAYLOR, NORMAN Lo& JOANNE
SHOESOP LLC
DOUBLE BE iNVESTMENT CO LLC
VINES, WILLIAM A
LIBERTY GOLD LLC
RANA5INGHE, JAYANTHi S
CROWN ESTATE DEVELOPMENT LTD
THANH LE, CHUONG
E'S COUNTRY STORES LLC
JOHNSON TR, KENNETH R
WILSON NC ADDiTION
CORKSCREW ISLAND NC SUBDISTRICT
EVERGLADES/IMMOKALEE NC
TOWNSENT, RICHARD
TOWNSENT, RiCHARD
JOY ANDERSON
HERITAGE BAY
ORANGE TREE
ORANGE BLOSSOM RANCH
TAYLOR, NORMAN L=& JOANNE
URIKA OIL INC.
CHESTNUT PLACE
* ASSUMES 6,044 SQFT PER ACRE
E
CPUD
E
E
E
CPUD
E
MPUD
E
E
E
C-3
MH
E
E
E
E
MPUD
MPUD
MPUD
CPUD
PUD
PUD
TOTAL
14,143
33,000
33,000
33,000
33,000
12,572
16,984
17,709
31,127
16,984
30,099
60,000
90,000
86,253
12,813
6,407
8,945
200,000
60,000
200,000
33,000
17,650
24,000
1,236,223
Created by: Beth Yang, AICP
Co'lN";'-r County
...---.~--
Comprehensive Planning Department
2
2.34
5.46
5.46
5.46
5.46
2.08
2.81
2.93
5.15
2.81
4.98
6.25
8.00
14.35
2.12
1.06
1.48
73.50
22.00
44.00
5.46
3.82
6.01
200.86
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
<::;O.T..... ~":~y
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: October 19, 2009
RE:
PETITION CP-2008-1, ESTATES SHOPPING CENTER SUBDISTRICT
GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING]
Coordinator: Michele Mosca, AICP, Principal Planner
AGENT/APPLICANT:
Agent:
D. Wayne Arnold, AICP
O. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
and
Agent: iAichard D. Yovanovich, Esq.
Goodlette, Coleman, Johnson, Yovanovich, & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
Applicant: Kenneth R. Johnson, as Trustee
C/O Goodlette, Coleman, Johnson, Yovanovich, & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
GEOGRAPHIC LOCATION:
The subject property, containing 4O.6;t acres, is located at the northwest corner of Golden Gate
and Wilson Boulevards, within Section 4, Township 49 South, Range 27 East, and is within the
Rural Estates Planning Community. The site extends west from Wilson Blvd. to 3'd Street NW.
(Refer to aerial and zoning maps on page 2.)
CP-2008-1 Estates Shopping Center Subdistrict
II ~
, I
It
I
1107 till
1 ,
1 I
1
1 I
'r',
Agenda Item 4.A.
I
'Ill
,
I
,---
f .
I In
~F
\
IfpO~.d
clHt ~
, 1
1\
,
"
I~
III
--
HigIIlllIhted tracts indicate
exlstJlI\J 8C_ within the
Nelghbolhood Center
REQUESTED ACTION:
The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land
Use Map and map series by:
1. Amending the Estates - Mixed Use District, Neighborhood Center Subdistrict to remove
Tract 144, Unit 11 of Golden Gate Estates from the Golden Gate Boulevard and Wilson
Boulevard Neighborhood Center;
2. Amending the Future Land Use Map and Golden Gate Boulevard and Wilson Boulevard
Neighborhood Center map of the Future Land Use Maps series to remove Tract 144,
Unit 11 of Golden Gate Estates;
3. Amending Policy 1.1.2 of the Estates - Commercial District to add the Estates Shopping
Center Subdistrict;
4. Amending the Estates - Commercial District to add the proposed Subdistrict; and
5. Amending the Future Land Use Map to add this new Subdistrict, and creating a new
Future Land Use Map series map depicting this new Subdistrict.
The Detitioner's proposed text changes, shown in strike-through/underline format, are as
follows:
(Words undertined are added, words stNal< tArall~1:I are deleted; row of asterisks ["')
denotes break in text.)
Policy 1.1.2:
The ESTATES Future Land Use Designation shall include Future Land Use Districts and
Subdistricts for:
2
CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A.
It_,*" W",,,, .w. ."'. *.* **_ w"'. ..* "''III'" W"'", *It'" .*. 'Ir** "''''''' *.* w"'''' *.'" w"'''' w.'" ... "''''''' *"'''' w"'''' w"'''' w"'''' .*_
B. ESTATES - COMMERCIAL DISTRICT
1. Interchange Activity Center Subdistrict
2. Pine Ridge Road Mixed Use Subdistrict
3. Randall Boulevard Commercial Subdistrict
4. Commercial Western Estates Infill Subdistrict
5. Golden Gate Estates Commercial Infill Subdistrict
6. Estates Shoooino Center Subdistrict
"''''- "'*'" *"'- *.. "''''''' ...... "'w", w"'''' ... .*'" w"'''' "''''''' *"'* "'__'" *"'''' "''''''' .._ "'_'" "'.* .*'" ""** .** *"'''' w"'''' *** "'flo",
B. Estates - Commercial District
6. Estates ShoDDina Center Subdistrict - Recoanizino the need to orovide for
centrallv located basic ooods and services within a Dortion of Northern Golden Gate
Estates. the Estates Shoooino Center Subdistrict has been desionated on the Golden
Gate Area Future Land Use Mao.
The Subdistrict is located at the NW comer of Golden Gate Boulevard and Wilson
Boulevard westward to 31d Street NW and extendino northward to include the southern
180 feet of Tracts 142 and 106 of Unit 11 and the southern 255 feet of Tract 111 of Unit
11 of Golden Gate Estates. totalino aDoroximatelv 41 acres.
The Estates Shoooino Center Subdistrict is intended to orovide convenient shoooino.
oersonal services and emolovment for the central areas of Northem Golden Gate
Estates. Commercial develooment in this Subdistrict will reduce drivino distances for
manv residents. assist in minimizino the road network reouired, and reduce traffic
imoacts in this area of Collier County.
All develooment in this Subdistrict shall comolv with the followino reouirements and
limitations:
a. Allowable Uses shall be limited to the followino:
1. Amusement and Recreation (Grouos 7911. 7991. 7993 and 7999. includino onlv
dav camos. ovmnastics instruction. iudo/karate instruction. soortino ooods rental
and vooa instructionl
2. Aooarel and Accessorv Stores (Grouos 5611-56991
3. Auto and Home Suoolv Stores (Grouos 5531. 5541, includino oasoline service
stations without reoairl
4. Automotive Reoair and Services (Grouos 7514. 7534. includino onlv tire reoair.
7539. includino onlv minor service. lubricatino and diaonostic servicel and 75421
5. Business Services (Grouos 7334-7342. 7371-7376. 7379. 7382. 7383. 7384. and
73891
6. Child Dav Care Services (Grouo 8351)
7. Communications (Grouos 4812.48411
8. Deoositorv and Non-Deoositorv Institutions (Grouos 6021-6062. 6091. 6099.
6111-6163. includino drive throuoh facilitiesl
3
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
9. Eatina Places (Grouo 5812. includina onlv Iiauor service accessorY to the
restaurant use.
10. Educational Services (Grouo 8299)
11. Enaineerina. Accountina. Research and Manaaement (Grouos 8711-8721. 8741-
8743.8748)
12. Food Stores (Grouos 5411-5499. includina convenience stores with aas)
13. General Merchandise Stores (Grouos 5311. 5331. and 5399)
14. Government Administration Offices (Grouos 9111-9199)
15. Hardware. Garden Suoolv and PaintANalloaoer Stores (Grouos 5231. 5251. and
5261)
16. Holdina and Other Investment (Grouos 6712-6799)
17. Home Furniture/Furnishinas (Grouos 5712-5736)
18. Insurance Carriers (Grouos 6311-6361)
19. Justice. Public Order and Safety (Grouos 9221. 9222. 9229. and 93111
20. Meetina and Banauet Rooms
21. Miscellaneous Retail (Grouos 5912. 5921 (accessorv to Qrocerv or oharmacv
onlY) 5932. 5941-5949. 5992-5995. and 5999)
22. Personal Services (Grouos 7211. 7212. 7215. 7221-7251. 7291-7299)
23. Real Estate (Grouos 6512-6552)
24. Security and Commodity Brokers (Grouos 6211-6289)
25. Transoortation Services (Grouo 4724)
26. Video Rental (Grouo 7841)
27. U.S. Post Office (Grouo 4311. excludina maior distribution centers)
28. Anv other similar use as mav be aooroved bv the Board of Zonina Aooeals
The followina uses shall be Drohibited within the Subdistrict:
b. The followina uses shall be orohibited:
1. Drinkina Places (5813) and Stand Alone Liauor Stores (5921)
2. Mail Order Houses (5961)
3. Merchandizina Machine Ooerators (5962)
4. Power Laundries 172111
5. Crematories (7261)
6. Radio. TV Reoresentatives (7313) and Direct Mail AdvertisinQ Services (7331)
7. NEC Recreational Shootina Ranaes. Waterslides, etc. (7999)
8. General Hosoitals (8062). Psvchiatric Hosoitals (8063). and Soecialty Hosoitals
(8069)
9. Elementarv and SecondarY Schools (8211). Colieaes (8221). Junior Colleaes
(8222)
10. Libraries (8231)
11. Correctional Institutions (9223)
12. Waste Manaaementl95111
13. Homeless Shelters and Souo Kitchens
c. Develooment intensity shall be limited to 225.000 sauare feet of aross leasable floor
area.
d. The arocerv use will be a minimum of 27.000 sauare feet. with the exceotion of the
arOGerv use. no individual user mav exceed 30.000 SQuare feet of buildina area.
4
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
e. Develooment within this Subdistrict shall be ohased and the followino commitments
related to area roadwav imorovements shall be com Dieted within the soecified timeframes:
1. Riaht-of-Wav for Golden Gate Boulevard Exoansion and Rioht-of-Wav for the Wilson
Boulevard Exoansion will be donated to the Countv at no cost within 120 davs of a
written reauest from the Countv.
2. The aoolicant will oav its fair share for the intersection imorovements at Wilson
Boulevard and Golden Gate Boulevard within 90 daYS of Countv reauest for
reimbursement.
3. Until the intersection imorovements at Golden Gate Boulevard and Wilson Boulevard
are comolete. the Countv shall not issue a Certificatels) of Occuoancv ICO) for more
than 100.000 sauare feet of develooment. The aoolicant must obtain a C.O. for a
arocerv store as Dart of this 100.000 souare feet. and the orocerv store must be the first
C.O. obtained.
f. Rezonina is encouraoed to be in the form of a Planned Unit Develooment IPUDl. and
the rezone ordinance must contain develooment standards to ensure that all commercial
land uses will be comoatible with neiohborino residential uses.
A conceotual Dlan. which identifies the location of the permitted development area and
reauired preserve area for this subdistrict is attached. The Preserve area depicted on the
conceDtual plan shall satisfy all comorehensive Dlan reouirements for retained native
veaetation. includino but not limited to the reauirements of Policv 6.1.1 of the CCME. A
more detailed develooment plan must be developed and utilized for the reauired PUD
rezonina.
a. Develooment standards. includina oermitted uses and setbacks for princioal buildinas
shall be established at the time of PUD rezonino. Anv future PUD rezone shall include at a
minimum:
(1) A minimum twentv-five (25) feet wide landscape buffer must be orovided
adiacent to external riohts-of-wav.
(2) No commercial buildina mav be constructed within 125 feet of the northern or
western orooertv boundarv of this subdistict.
(3) Anv oortion of the Proiect directlv abuttina residential orooertv (orooertv zoned
E-Estates and without an aporoved conditional use) shall orovide. at a minimum.
a seventv-five 175\ feet wide buffer. exceot the westernmost 330' of Tract 106.
which shall orovide a minimum 20' wide buffer in which no oarkina uses are
oermitted. Twentv-five (25) feet of the width of the buffer alona the develooed
area shall be a landscaoe buffer. A minimum of fifty (50) feet of the buffer width
shall consist of retained or re-olanted native veaetation and must be consistent
with subsection 3.05.07.H of the Collier Countv Land DeveloDment Code ILDC).
The native veaetation retention area mav consist of a oerimeter berm and be
used for water manaoement detention. Anv newlv constructed berm shall be
reveoetated to meet subsection 3.05.07.H of the LDC Inative veoetation
reolantino reauirements). Additionallv. in order to be considered for aooroval.
use of the native veoetation retention area for water manaoement purooses shall
meet the followino criteria:
5
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
(4) There shall be no adverse imoacts to the native veaetation beina retained. The
additional water directed to this area shall not increase the annual hvdro-oeriod
unless it is oroven that such would have no adverse imoact to the existina
veaetation.
(5) If the oroiect recuires oermittinc bv the South Florida Water Manaaement District.
the oroiect shall orovide a letter or official document from the District indicatina
that the native vecetation within the retention area will not have to be removed to
comolv with water manacement reculrements. If the District cannot or will not
suoolv such a letter. then the native veaetation retention area shall not be used
for water manaaement.
(6) If the oroiect is reviewed bv Collier Countv. the Countv encineer shall orovide
evidence that no removal of native vecetation is necessarv to facilitate the
necessarv storace of water in the water manaaement area.
*"'* *"'* **. *** _* *** *** "'*'" 1rl\'* *** *** *** *.'" *** 'it** *** *** .._. *** *** *** *** *** *"'_ *** ***
[Page 27]
A. Estates Mixed Use District
2) Neiahborhood Center Subdistrict - Recognizing the need to provide basic
goods, services and amenities to Estates residents, Neighborhood Centers have been
designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center
designation does not guarantee that commercial zoning will be granted. The designation
only provides the opportunity to request commercial zoning.
a) The Collier County Land Development Code shall be amended to provide rural design
criteria to regulate all new commercial development within Neighborhood Centers.
b) Locations
Neighborhood Centers are located along major roadways and are distributed within
Golden Gate Estates according to commercial demand estimates, (See Map 9). The
centers are designed to concentrate all new commercial zoning, and conditional uses, as
allowed in the Estates Zoning District, in locations where traffic impacts can be readily
accommodated and to avoid strip and disorganized patterns of commercial and
conditional use development. Four Neighborhood Centers are established as follows:
. Wilson Boulevard and Golden Gate Boulevard Center.
This center consists of all feI,Jr three quadrants at the intersection of Wilson and Golden
Gate Boulevards (See Map 10). The NE and SE quadrants of the Center
consist of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit
13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is
approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected
and share access to Golden Gate Boulevard and Wilson Boulevard to minimize
connections to these two major roadways. The SE quadrant of Wilson and Golden Gate
Boulevards is 7.15 acres, allows 5.00 acres of commercial development, and allocates
2.15 acres to project buffering and right-of-way for Golden Gate Boulevard and Wilson
Boulevard. TAe ~J'.'\' Ejt,laelrant ef tI=Ie CeRter is al3l3Fellimately 1.gB aeres iR size GAel
eansists ef Traat 111, URit 11 of ,"sieleR Gate I5statas. The SW quadrant of the Center
is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate
Estates.
6
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
*** .** *** *** *** *** *** *** *** *** *** *** *** *** *** **_ _** *** lit"'. *** .*. *** *._ *** *** ***
FUTURE LAND USE MAP SERIES
Golden Gate Area Master Plan Study Areas
Golden Gate Area Future Land Use Map
*** *** *** "'''''* *** *** *** *** *** *** *** **'* *** *** ... ... .*. *** **- *** *** *** *** *** *** ***
Golden Gate Parkway Institutional Subdistrict
Estates Shoooina Center Subdistrict
*** *** *** *** *** *** *** _.* *** **- *** *.* *** *** *** *** *** *** *** *** *** .*. *.. *** *** ***
PROJECT DESCRIPTION:
The petitioner is requesting approval for a new commercial subdistrict on 40.6;t acres, allowing
up to 225,000 square feet of gross leasable floor area of uses in the General Commercial (G-4)
zoning district of the Collier County Land Development Code, with exceptions, and select uses
of the Heavy Commercial (C-5) zoning district.
SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION:
Subiect Site:
. The subject project boundary includes the following Tracts within Unit 11, Golden Gate
Estates. All tracts are zoned E, Estates and are within a Special Treatment (Wellfield)
Overlay (ST/W).
Tract 106 (s. 180 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on a local roadway - Srd Street NW.
Tract 107 (w. 105 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on a rural major collector roadway - Golden Gate Boulevard, and a local
roadway - Srd Street NW.
Tract 107 (e. 75 ft. of w. 180 ft.): The SUbject site is undeveloped and Is designated
Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on
Golden Gate Boulevard.
Tract 107 (e. 150 ft.): The subject site is undeveloped and is designated Estates _
Mixed Use District, Residential Estates Subdistrict. The site is located on a rural major
collector roadway - Golden Gate Boulevard.
Tract 108 (w. 180 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on Golden Gate Boulevard.
7
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
Tract 108 (e. 150 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on Golden Gate Boulevard.
Tract 109 (w. 105 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on Golden Gate Boulevard.
Tract 109 (e. 75 ft. of w. 180 ft.): The subject site is developed with a single-family
home and is designated Estates - Mixed Use District, Residential Estates Subdistrict.
The site is located on Golden Gate Boulevard.
Tract 109 (e.150 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on Golden Gate Boulevard.
Tract 110 (w. 150 ft.): The subject site is undeveloped and is designated Estates -
Mixed Use District, Residential Estates Subdistrict. The site is located on Golden Gate
Boulevard.
Tract 110 (e. 180 ft.): The subject site is undeveloped and is designated Estates -
Mixed Use District, Residential Estates Subdistrict. The site Is located on Golden Gate
Boulevard, and a local roadway - 1'" Street NW.
Tract 111 (s. 180 ft): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on a local roadway - 1"
Street NW.
Tract 111 (s. 75 ft. of n. 150 ft.): The subject site is developed with a single-family
home and is designated Estates - Mixed Use District, Residential Estates Subdistrict.
The site is located on 1" Street NW.
Tract 142 (s. 180 ft.): The subject site is developed with a single-family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on a rural minor collector roadway - Wilson Boulevard. (The subject site may be
eligible for transitional conditional uses, as provided in the Conditional Uses Subdistrict
of the GGAMP.)
Tract 143: The subject site is undeveloped and is designated Estates - Mixed Use
District, Residential Estates Subdistrict. The site is located on a rural major collector
roadway - Golden Gate Boulevard. (The subject site may be eligible for transitional
conditional uses, as provided in the Conditional Uses Subdistrict of the GGAMP.)
Tract 144: The subject site is undeveloped and is designated Estates - Mixed Use
District, Neighborhood Center Subdistrict. The site is located on a rural major collector
roadway - Golden Gate Boulevard, and a rural minor collector roadway - Wilson
Boulevard. (The subject site is eligible for rezoning to allow commercial development
consistent with the C-1 through C-3 zoning districts of the Land Development Code,
subject to criteria in the GGAMP.)
8
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
SurroundinG Lands:
. North:
. South:
. West:
. East:
Developed (except north of Tract 111 - undeveloped), single-family homes;
zoned E, Estates; and designated Estates (Mixed Use District, Residential
Estates Subdistrict) on the GGAMP Future Land Use Map.
Across Golden Gate Boulevard, a 4-lane divided road, developed single-family
homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed
Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use
Map; and a Walgreens pharmacy, zoned PUD (Snowy Egret Plaza) and
undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use
District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map.
Across 3'd Street NW. developed, single-family homes; zoned E, Estates; and
designated Estates (Mixed Use District, Residential Estates Subdistrict) on the
GGAMP Future Land Use Map.
Across Wilson Boulevard, a 2-lane undivided road, undeveloped tract, zoned E,
Estates and designated Estates (Mixed Use District, Residential Estates
Subdistrict) on the GGAMP Future Land Use Map; and a developed tract, zoned
C-2, and two undeveloped tracts, zoned E, Estates and designated Estates
(Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future
Land Use Map.
STAFF ANALYSIS:
Please refer to the document titled .Standard Language for GMPA Staff Reports" located behind
the "GMPA Standard Language" tab. This document addresses some items common to all
petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item
common to the six petitions seeking amendments to the GGAMP.
Aoorooriateness of Chanoe:
The proposed amendment would allow intense commercial development in an area of the
County intended for low density residential development and neighborhood commercial uses.
An evaluation of the project site and surrounding area, commercial needs assessment,
population growth in the area, development impacts, infrastructure demands, and other
considerations will be analyzed to determine the appropriateness of this proposed change.
BackGround and Considerations:
· Golden Gate Area Master Plan (GGAMP) - Goals, Objectives and Policies:
GOal 3: Provide for basic commercial services for purposes of serving the rural needs of
Golden Gate Estates residents, shortening vehicle trips, and preserving rural
character.
Goal 5: Future development within Golden Gate Estates will balance the desire by
residents for urban amenities with the preservation of the area's rural character...
9
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
The above goals and their related objectives and policies found in the GGAMP demonstrate
the community's desire to maintain the rural character of the Estates while providing for the
basic commercial needs of its growing population. The proposed expansion and
commercial intensification of the Neighborhood Center quadrant to 40+ acres with up to
225,000 sq. ft. of select commercial land uses from the General Commercial C-4 and C-5
zoning districts, is not consistent with, or reflective of, the Estates residents' vision of the
area as expressed in the Golden Gate Area Master Plan.
. Commercial opportunities within Golden Gate Estates
In 1991, the Golden Gate Area Master Plan was adopted and incorporated into the county's
Growth Management Plan. The Plan established locational criteria limiting commercial
development in the Estates designation to the Estates Neighborhood Centers, site-specific
commercial subdistricts, and already existing commercially zoned lands.
. Estates Neighborhood Centers
The Estates Neighborhood Centers were established as a means to direct new commercial
development to areas where traffic impacts could be readily accommodated. These Centers
were originally located at Pine Ridge and C.R. 951, Golden Gate and Wilson Boulevards,
Golden Gate and Everglades Boulevards, and Immokalee Road and Everglades Boulevard,
along major roadways and distributed according to projected commercial demand in the
Estates.
In 1992, the Board of County Commissioners denied a commercial rezone petition at the
Golden Gate and Everglades Boulevard Neighborhood Center and directed staff to remove
all Neighborhood Centers east of C.R. 951, stating the commercial centers were premature.
Those centers were removed in 1993. In 1996, the Neighborhood Center concept was
reevaluated as part of the Evaluation and Appraisal Report review process, required by
State Law. As a result, the neighborhood centers at Golden Gate and Wilson Boulevards
and lmmokalee Rd. and Everglades Boulevard were reinstated in 1997 as future centers on
the Golden Gate Area Master Plan (GGAMP) Future Land Use Map.
In 2002, the GGAMP Restudy Committee was formed by the Board of County
Commissioners (BCC) and authorized, in part, to study the commercial land use needs of
the Golden Gate Estates community. County staff worked closely with the Committee and
community to identify appropriate areas to locate new commercial development within the
Estates. The Committee recommendations to the BCC included added provisions for the
expansion and creation of Neighborhood Centers within the Estates. The Board of County
Commissioners subsequently adopted amendments to the GGAMP and Future Land Use
Map and Map Series in 2003 to include the recommended expansions and new
neighborhood centers (in effect, neighborhood centers were reestablished at their original
locations but some were increased in size).
. Development patterns in the Neighborhood Centers east of Collier Boulevard
Wilson Boulevard and Golden Gate Boulevard Center
NE quadrant:
Total size is approximately 8.45 acres - Partially DEVELOPED (Approximately
2.65 acres are developed with 8,113 sq. ft. of convenience commerciaL)
10
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
NW quadrant:
Total size is approximately 4.98 acres - UNDEVELOPED (Portion of project site)
SE quadrant:
Total size is approximately 7.15 acres (5.00 acs. commercial & 2.15 aes.
buffering and r-o-w) - Partially DEVELOPED (Wilson Boulevard Shopping Center
- 41,800 sq. ft. of commercial development). Approximately 12,572 sq. ft.
undeveloped commercial sq. ft. remaining - Liberty Gold LLC.
SW quadrant:
Total size is approximately 11.78 acres - Partially DEVELOPED (16,550 sq. ft.
Walgreens store). Balance of quadrant added to Neighborhood Center via GMP
amendment (CP-2005-2) approved in 2007, and rezoned for up to 60,000 sq. ft.
of office, medical office and medical related uses.
Everalades Boulevard and Golden Gate Boulevard Center
NE quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED (Big Bear Plaza CPUD
approved for C-1 thru C-3 uses)
NW quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED (pending rezone to
Fakahatchee Plaza CPUD for C-1 thru C-3 uses)
SE quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED
SW quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED
Immokalee Rd. and Everalades Boulevard Center
SE quadrant:
Total size is approximately 9.20 acres - UNDEVELOPED (4.05 acres have been
rezoned from E, Estates to Chestnut Place MPUD [balance of PUD lies outside
Neighborhood Center and is approved for church])
SW quadrant:
Total size is approximately 5.15 acres- UNDEVELOPED (pending rezone to
Singer Park CPUD for C-1 thru C-3 uses)
The potential and existing commercial sq. ft. within the Estates Neighborhood Centers located
east of Collier Boulevard is 450,186 square feet, based on the CIGM and approved zoning. (It
should be noted that the CIGM uses a countywide average of 6,044 sq. ft. lac. to determine
potential commercial development.)
. Existing commercial acreage serving portions of the Estates, but not located within
an Estates Neighborhood Center:
Randall Boulevard Commercial Subdistrict:
Approximately 7.53 acres are allocated for up to 41,000 sq. ft. of commercial
development, located within Section 27, Township 48 South, Range 27 East. The
Subdistrict is located approximately 4 miles from the proposed project site.
11
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
. Commercial development projected to serve portions of the Estates, but not located
within an Estates Neighborhood Center:
Orange Tree PUD:
Approximately 22 acres within the Planned Unit Development are allocated for up to
60,000 square feet of commercial development, located in Sections 22 and 23,
Township 48 South, Range 27 East. This PUD is located approximately 4 road miles
from the proposed project site (refer to map on page 13). (A petition to increase the
commercial sq. ft. up to 332,000 sq. ft. in the PUD is pending.) [Approved for 2,100
dwelling units; pending petition to increase this to 3,350 dwelling units.]
Orange Blossom Ranch PUD:
Approximately 44 acres within the Planned Unit Development are allocated for up to
200,000 square feet of commercial development, located in Section 13, Township 48
South, Range 27 East. This PUD is located approximately 5.50 road miles from the
proposed project site (refer to map on page 13). [Approved for 1,600 dwelling units.]
Big Cypress Development of Regional Impact (DRI)/Stewardship Receiving Area (SRA) -
pending:
Approximately 564 acres (includes approximately 494,080 sq. ft. light industrial) within
the DRI are allocated for up to 987,188 square feet of retail/service commercial and
664,395 square feet of office development, located in Sections 10, 14 and 27,
Township 48 South, Range 28 East. This pending DRI is located approximately 7
miles from the proposed project site (refer to map on page 13). [Proposes 8,968
dwelling units.]
Rural Villages - (allowed):
Two Rural Villages ranging in size from 300 to 1,500-acres are permitted on the
Receiving Lands north and south of the proposed project location (refer to map on
page 13). A Rural Village development must include a Village Center and may also
include several Neighborhood Centers. A 300+ acre (calculation doesn't include
Greenbelt Area) Rural Village will yield a 30-acre Village Center with approximately
90,000 sq. ft. of commercial development. Neighborhood Centers within the same
Rural Village may consist of a 1.50-acre Center with approximately 5,10D-sq. ft. of
commercial development. A 1,50D-acre Rural Village will yield a 150-acre Village
Center with approximately 450,000-sq. ft. of commercial development. Neighborhood
Centers within the same Rural Village may consist of 7.50 acres each with
approximately 25,500-sq. ft. of commercial development within each center. The
Receiving Lands range in distance from approximately 1.50 to 6 road miles from the
proposed project site. [Density in Rural Villages must range between 2-3 dwelling
units per acre.]
12
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
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Future commercial development outside of Golden Gate Estates - as part of Rural Village
(allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected
commercial demand in the Estates area.
13
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
. Petitions in Vicinitv
It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden
Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one
petition request is for mostly institutional uses, but includes a small commercial allocation. The
attached location map identifies these five petition sites, what each request consists of, and
commercial opportunities in the surrounding area. The table below also provides information
about these five petitions seeking amendments to the Golden Gate Area Master Plan. The
attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market
areas of these petitions.
Petition Location # Acres Reauest
CP-2007-1 SE comer CR8461Wilson Blvd. 5.17 Create Wilson Blvd. Commercial
Subdistrict to allow max. of 40,000 S.F.
of com'l uses
CP-2007-2 SW comer of CR846133rd Ave. NE 10.28 Create Immokalee Road/Oil Well Road
Commercial Subdistrict to allow max. of
70 000 S. F. of C-1 thru C-3 com'l uses
CP-2007-3 south side of CR858, 1/4 mile west of 21.72 Create Mission Subdistrict to allow
Everglades Blvd. institutional uses (church and related
uses, e.g. child & adult day care), and
limited C-1 com'l uses (90,000 s.t. total,
inclusive of 2,500 s.f. of com'l)
CP-2008-1 NW quadrant of Wilson & Golden 40.62 Create a n_ Estates Shopping
Gate Blvds. Center Subdistrict to allow 225,000
s.f of C-4 com') uses, with exceptions
and select C-S commercial uses, with
requirement to provide a grocery
store [portion of site (4.98 acs.) lies
within existing Neighborhood Center
and could Yield 30,099 s.f. of com'l1
CP-2008-2 south side ot CR846 & Randall Blvd., 56.50 Expand and modify Randall Blvd
from canal east to 8th Street NE Commercial Subdistrict to add 390,950
(inclusive of BCI Fire Station, existing s.f. of C-4 com'l uses [zoning in existing
Randall Blvd. Com'l Subdistrict, and Subdistrict allows 41,000 s.f. of com'l on
OaF fire tower sttel. 7.53 aes.l
sum 134.29 769,450 s.f. of com'l [728,450 s.f. is
[121.78 new]
acres
are
newl
Two of the five petitions proposed (CP-2008-1 & CP-2008-2) could be categorized as
community serving in nature, providing a wider variety of goods and services and more intense
land use activities than the others, which likely would provide convenience goods and services,
consistent with existing commercial uses in the Estates Neighborhood Centers.
In total, the commercial square feet proposed by these five petitions, if approved, would add
approximately 728,450 sq. ft. of commercial uses on approximately 121.78 acres. This figure,
combined with the existing and potential commercial sq. ft. allowed in the Estates Neighborhood
Centers (450,186 sq. ft.), existing Randall Boulevard Commercial Subdistrict (41,000),
OrangeTree PUD (approved for 60,000, but expected to increase to 332,000 sq. ft. via a
14
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
pending petition) and Orange Blossom Ranch PUD (200,000 sq. ft.), would total approximately
1,751,636 sq. ft. (This figure does not reflect the 987,188 sq. ft. in the pending Big Cypress DRI
or future development of the Rural Fringe Mixed Use District, located proximate to the proposed
GMPAs.)
Commercial Demand:
Comprehensive Planning staff reviewed and analyzed the petitioner's commercial demand data
and analysis, the Collier Interactive Growth Model (CIGM), and other available data to estimate
and project population within the defined Study area to determine the existing and potential
commercial supply, supportable commercial square feet and demand. Additionally, staff
analyzed the CIGM population estimates and projections and supportable commercial square
feet for all Estates designated lands located east of Collier Boulevard and the Rural Settlement
Area to determine the need for neighborhood and community serving commercial centers.
Staff began the analysis with the CIGM to obtain baseline population estimates and projections,
and housing unit counts for the petitioner's defined market area. Staff examined the projected
supportable commercial square feet generated from the resulting population (demand), and
then compared those figures to the existing and potential commercial sq. ft. supply in the market
area.
The Model identified that in 2010 the projected population in the petitioner's market area will be
approximately 16,531 people and the supportable neighborhood commercial square feet will be
139,687; and, by year 2030 the population will be approximately 30,687 and the estimated
supportable neighborhood commercial square feet will be approximately 259,305. Staff then
examined and compared the existing and potential neighborhood commercial supply with the
demand generated from future population growth in the market area and determined that the
neighborhood commercial supply of 387,283 sq. ft. (refer to Map 4) will exceed the demand in
the market area beyond year 2030.
Additionally, the Model identified that in this same market area the supportable community
commercial square feet will be 123,652 in 2010; and, by year 2030 the estimated supportable
community commercial square feet will be approximately 229,539. However, staff acknowledges
that no community commercial sq. ft. exists or is planned within the defined market area to
serve the area residents. Based upon the foregoing, the requested commercial sq. ft. of 225,000
could not likely be supported in the market area until sometime between years 2025 and 2030.
If the project development commences prior to the community commercial demand being fully
realized, then it is assumed the project would be built in phases. Early phases would then be
presumed to function as neighborhood commercial, thereby impacting the existing and planned
neighborhood commercial supply.
The following is a complete analysis of this proposed GMPA based on the CIGM for all years,
beginning with year 2007 through year 2030.
· Collier Interactive Growth Model
The East of County Road 951 Infrastructure and Services Horizon Study was a two phase
planning effort to assess the County's ability to accommodate growth within the County east
of Collier Boulevard (CR 951). Included in the second phase of the study was the
development of a Collier County Interactive Growth MOdel (CIGM). The Board adopted the
CIGM as a planning tool at its advertised public hearing on January 13, 2009. This model
was developed to assist in projecting population and its spatial distribution over time to
15
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
build-out in all areas lying east of CR 951. The interactive growth model is also utilized to
approximate the timing and location of commercial and industrial centers, school facilities,
parks and recreational facilities, fire stations, etc. The commercial sub-model is designed to
project the demand for neighborhood, community and regional centers that include retail
and other commercial uses. This sub-model helps to spatially allocate the optimal locations
for these centers required as a function of time and population, and as a result of disposable
incomes of the population.
Guidelines for Commercial Development used in the CIGM:
. Number of Persons per Neighborhood Center: 13,110
. Number of Persons per Community Center: 34,464
. Number of Persons per Regional Center: 157,324
. Number of Acres per Neighborhood Center: 11
. Number of Acres per Community Center: 28
. Number of Acres per Regional Center: 100
. Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita)
. Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita)
. Square Feet Building Area per Regional Center: 1,000,000 (6.36 SOFT per Capita)
The above floor area figures are the average sizes of Neighborhood, Community and
Regional Centers in existence (built) in Collier County. This means some Centers are larger,
and some smaller, than these countywide averages; that is, there is a range in size of each
type of Center. Each type of Center is classified based upon size as well as uses.
Based on the CIGM, staff has developed a commercial analysis for petition CP-2008-1 as
follows (the 4 referenced maps are attached to this Staff Report):
. Existing and Potential Commercial SOFT (see Map 1, attached)
Within the petition's defined custom trade area (CTA), there are 89,813 SOFT of existing
commercial development and 297,470 SOFT of potential commercial development
(vacant land designated as commercial & vacant land zoned commercial). The total
existing and potential commercial SOFT within the CTA is 387,283.
. Housing Units & Population (see Map 2, attached)
Based on the CIGM, the total housing units and total population in the CTA are/will be:
2007 - 4,660 units and 14,443 persons; 2010 - 5,333 units and 16,531 persons; 2015-
6,491 units and 20,188 persons; 2020 - 8,111 units and 23,981 persons; 2025 - 9,334
units and 27,532 persons; and, 2030 - 10,460 units and 30,697 persons.
. Square Footage Demand for a Community Center (see Map 3, attached)
The total existing/projected population within the CTA translates into an existing!
projected demand for commercial space within the CTA as follows: 2007 - 14,443
persons yields demand for 108,034 square feet of commercial (7.48 SO FT per capita);
2010 - 16,531 persons yields demand for 123,652 SO FT; 2015 - 20,118 persons yields
demand for 150,483 SO FT; 2020 - 23,981 persons yields demand for 179,378 SO FT;
2025 - 27,532 persons yields demand for 205,939 SO FT; and, 2030 - 30,687 persons
yields demand for 229,539 SO FT. There is no existing and potential community
commercial SOFT (Supply) within the CT A. Based on the criteria established in the
CIGM, demand for the proposed 225,000 sq. ft. of community center commercial will not
be generated by the population within the defined CTA until sometime after year 2030.
16
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
. Square Footage Demand for a Neighborhood Center (see Map 4, attached)
The totai existing/projected population within the CTA translates into an existing/
projected demand for commercial space within the CTA as follows: 2007 - 14,443
persons yields demand for 122,043 square feet of commercial (8.45 SOFT per capita);
2010 -16,531 persons yields demand for 139,687 SO FT; 2015 - 20,118 persons yields
demand for 169,997 SO FT; 2020 - 23,981 persons yields demand for 202,640 SO FT;
2025 - 27,532 persons yields demand for 232,645 SO FT; and, 2030 - 30,687 persons
in 2030 translate to 259,305 square feet demand for commercial space. The existing and
potential commercial SOFT (Supply) within the CT A is 387,283; therefore, there will not
be a need for additional neighborhood center commercial in this CTA until sometime
after year 2030.
Data Sources:
The CIGM analysis for this petition utilized: (1) the 2008 commercial inventory prepared by
the Collier County Comprehensive Planning Department; (2) present GMP designations that
allow commercial zoning; (3) housing unit and population projections prepared by the CIGM
consultant, which account for vacancy rates. There is a minor discrepancy between the
CIGM population projections and those prepared by the Bureau of Economic and Business
Research at the University of Florida.
· Justification for the proposed amendment and commercial demand analysis (refer to
Exhibit V.D.5.) as provided by the petitioner:
The Commercial Needs Analysis was prepared by Fishkind & Associates, Inc. The analysis
evaluated commercial supply and demand characteristics within a custom market area,
consisting of a 10-minute drive time and including select acreage located north and south of
Golden Gate Boulevard (refer to red boundary on map on page 18). (Please note that the
population and housing unit counts are not consistence with the population and housing
counts identified in the Collier Interactive Growth Model.)
17
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
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Neighborhood and Community Markets are defined in the Commercial Needs Analysis as
follows:
Neiahborhood: A neighborhood center's typical size is about 60,000 square feet of gross
leasable area but, in practice, it may range from 30,000 to 100,000 or more
square feet. Neighborhood centers sell convenience goods, groceries and
personal services to the immediate neighborhood community. The typical
market area for a neighborhood center is a 1 D-minute drive time.
Community: A community center's typical size is about 150,000 square feet of gross
leasable area but, in practice, it may range from 100,000 to 500,000 or more
square feet. Community centers sell a wider range of products that include
apparel, hardware and appliances. The typical market area for a community
retail center is a 2D-minute drive time. (Centers that fit the general profile of
a community center but contain more than 250,000 square feet are
classified as super community centers.)
18
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
In addition to the custom trade area established for the proposed project, the consultant also
analyzed office space demand within 2-miles of the subject site. The findings of the study
are as follows:
. Demand for commercial space in the custom trade area was based on population
estimates and projections of 12,415 persons in 2008 to 17,379 persons in 2030;
household estimates and projections of 3,522 households in 2008 to 4,930 households
in 2030; and market retail demand estimates and projections of 119,100 sq. ft. in 2008 to
200,340 sq. ft. in 2030; and supply estimates and projections of 179,906 sq. ft. (total
does not reflect potential commercial development allowed in three quadrants of the
Neighborhood Center located at Everglades and Golden Gate Boulevard, totaling
:t:99,918 sq. ft. or cumulative total of :t:279,824 sq. ft. with an allocation ratio of 2.35) in
2008 and 404,906 sq. ft. (includes proposed project sq. ft., but does not include :t99,918
sq. ft. as noted for Everglades and Golden Gate Boulevard Neighborhood Center) in
2030.
The study indicates that although the projected commercial sq. ft. supply is greater than
projected demand throughout the years studied, the ratio of the total supply of land
designated for commercial use compared to the total demand for commercial lands fails
below the desired 'allocation ratio of 2.00 in year 2008. Further, the study concludes
that by adding the proposed project's commercial sq. ft. (225,000) to the market area,
the allocation ratio supply/demand would increase from 1.51 in 2008 to 3.09 in 2010,
2.31 in 2020 and 2.02 in 2030. (Allocation ratios do not reflect potential commercial
development of :t99,918 sq. ft. in the Neighborhood Center located at Everglades and
Golden Gate Boulevards. Additional sq. ft. would result in allocation ratios of 2.35 in
2008, 2.13 in 2010, 1.60 in 2020 and 1.40 in 2030 without the addition of the proposed
project sq. ft.; and, ratios of 2.35 in 2008, 3.85 in 2010, 2.89 in 2020 and 2.52 in 2030
with the proposed project sq. ft.)
. Demand for new office acreage within the 2-mile market area was based on the suppiy
of countywide office space, resulting in a per capita office figure of 14.7 sq. ft. The
analysis focused on historical population estimates and projections of 2,539 persons in
1990 to 17,379 persons in 2030, and historical office demand and supply of 37,384 sq.
ft. demand in 1990 to 255,887 sq. ft. projected demand in 2030 and a stated supply of
156,940 sq. ft. (figure provided by applicant is static) in 1990 and 2030.
The study concludes that there is an immediate need for office uses in the 2-mile market
surrounding the project. Further, the study concludes that without the proposed
amendment to add sq. ft. the allocation ratio for office land would drop to 0.61 by 2030.
(Note: The allocation ratio measures the amount of additional acreage required in relation to
the directly utilized acreage to assure proper market functioning in the sale, usage and
allocation of land.)
. PopUlation Projections (CIGM); and, Neighborhood and Community Center
supportable sq. ft. (CIGM) in Golden Gate Estates and the Rural Settlement Area:
The population in Golden Gate Estates (east of Collier Boulevard) and the Rural Settlement
Area is projected to be: 35,136 persons in year 2010; 51,560 persons in year 2020; 65,217
persons in year 2030; and, 81,847 persons by build-out. (see Housing Units and Population
Forecast map, attached)
19
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
Based on CIGM criteria, approximately 35,136 persons could support approximately
296,899 sq. ft. of neighborhood serving commercial and 262,817 sq. ft. of community
serving commercial; 51,560 persons could support approximately 435,632 sq. ft. of
neighborhood serving commercial and 385,669 sq. ft. of community serving commercial;
65,217 persons could support approximately 551,084 sq. ft. of neighborhood serving
commercial and 487,823 sq. ft. of community serving commercial; and, 81,847 persons
could support approximately 691,607 sq. ft. of neighborhood serving commercial and
612,216 sq. ft. of community serving commercial.
As noted in a previous section of this Report, the existing and potential supply of
neighborhood serving commercial is approximately 551,186 sq. ft. and community serving
commercial is approximately 200,000 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree
PUDlo If the five proposed GMPAs east of Collier Blvd. are approved, the existing and
potential supply of neighborhood serving commercial will increase to 636,686 sq. ft. and
community serving commercial will increase to approximately 815,950 sq. ft. (plus 332,000
sq. ft. potential in OrangeTree PUDlo
Based on the above analysis, it is evident that the existing and potential neighborhood
serving commercial supply is sufficient to support the needs of the Estates/Rural Settlement
Area for the immediate future to year 2030. Conversely, the data reveal that there is a
deficit of community serving commercial sq. ft. beginning in year 2010 in the amount of
63,817 sq. ft. This deficit is projected to increase to 185,665 sq. ft. in year 2020; 287,823 sq.
ft. by year 2030; and 412,216 sq. ft. by build-out.
(Note: Population in certain sections of the Estates designated lands, located within 2-miles
east of Collier Boulevard, north and south of Golden Gate Blvd. and south of White Blvd.
have been omitted from this analysis. This analysis assumes that most of the described
population is/will be served primarily by commercial centers located along, or west of, Collier
Blvd.)
(Note: This analysis does not consider intermodal splits which demonstrate a peak hour of
74% of the trips on Golden Gate Boulevard with an urban destination in the morning.
Shopping patterns related to that traffic to the urban area is not factored into the market
analysis. As a result, 100% of commercial spending is assumed to be in the market area.)
. Site Assessment - General Comments:
Roadway:
The site is located on Wilson Blvd. and Golden Gate Boulevard, with an intervening local
roadway - 1st Street NW. Golden Gate Boulevard and Wilson Boulevard are expected to be
widened in the future.
Golden Gate Boulevard Status: Golden Gate Blvd. from Wilson Blvd. to Desoto Blvd. is
identified as a future 4-lane roadway in the 2030 Long Range Transportation Plan. In the
2009 Annual Update and Inventory Report, right-of-way acquisition is scheduled for this
segment in years 10, 11 and 12. Golden Gate Blvd. extends west to Collier Blvd., and
east beyond Everglades and Desoto Boulevards into the Rural Lands Stewardship Area.
Wilson Boulevard Status: Wilson Blvd. is identified as a 2-lane roadway in the 2030
Long Range Transportation Plan. Wilson Blvd. extends north to Immokalee Rd. and
beyond, and south to the edge of Golden Gate Estates and the beginning of the Rural
20
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
Fringe Mixed Use District Receiving Lands where a Rural Village could potentially be
developed.
Access:
Access to the proposed project will be from Golden Gate Boulevard, Wilson Boulevard, 1 st
Street NW and 3rd Street NW.
Site Depth and Width:
The site consists of two development tracts, each comprising several GGE properties; the
tract at Wilson and Golden Gate Boulevards is approximately 560 feet (width) x 760 feet
(depth), and the parcel between 1st Street NW and 3rd Street NW varies from approximately
750 -820 feet (depth) X 1170 feet (width). However, the site's developable area will be
reduced to accommodate future roadway and intersection improvements to Wilson
Boulevard and Golden Gate Boulevard. Additionally, the property will be reduced further by
buffering requirements - at least 75 feet adjacent to residential tracts.
Utilities:
The proposed project will not be served by central water and sewer.
Adjacent Properties:
The subject property is almost entirely surrounded by residential development or vacant
residential tracts, except for the neighborhood center located at the Wilson Boulevard and
Golden Gate Boulevard intersection.
Rural Character Impact:
The proposed project will most likely alter the rural character of the area. Typically, the
residents in the area can expect to experience increased noise, light/glare and traffic
volumes at the site and in the surrounding area. It will be critical at time of rezoning, if the
GMPA is approved, to address project uses, unified theme of development, buffers,
setbacks, heights, hours of operation, and noise and light mitigation in order to minimize
resulting project impacts and to protect the rural character of the area.
EnvironmentallmDacts:
The environmental report prepared by Marco Espinar of Collier Environmental Consultants and
submitted with this petition, dated October 2006 and amended April 2009, indicates the
following:
. The project site includes 9 single family homes, roadway and a pump station. The vegetated
habitats include palmetto, pine f1atwoods, cabbage palm, cypress canopy with Brazilian
pepper, and drained pine-cypress-cabbage palm. The soils found on site are listed as
pineda, limestone substratum and boca fine sand.
. The listed species survey conducted on site concluded that there were no listed species
found foraging or nesting, and there were no signs of gopher tortoises, red cockaded
woodpeckers, big cypress fox squirrels, Florida panther or Florida black bear. Non-listed
species observed include songbirds, Cooper's hawk, black vulture, various reptiles, and
evidence of raccoons, rabbits and other small mammals were visible. The only protected
plant species found on site were species of Tilandsia [air plants].
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the application and provided the following comments:
21
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
. No special environmental concerns are associated with the establishment of the Subdistrict
on the subject site.
· Native vegetation preservation requirements will be specifically addressed during
subsequent development order review (rezone and/or site development plan). Therefore,
the following language should be removed from the proposed text. In the paragraph
beginning with "A conceptual plan..." remove the sentence, ''The preserve area depicted on
the conceptual plan shall satisfy all comprehensive plan requirements for retained native
vegetation, including but not limited to the requirements of Policy 6.1.1 of the CCME." The
exact preserve location is determined at rezone/development order review stage. The
preserve area depicted on the conceptual plan cannot be evaluated for consistency at this
time due to the additional information required for an evaluation as explained in the
proposed text in the paragraph beginning with "Development standards, including permitted
uses..." If the area is proposed for water management, an evaluation must be done showing
no detrimental effects to the native vegetation. This cannot be done until more detail is
provided at a later stage of the development.
Historical and Archeological Impacts:
. The Florida Master Site File lists no previously recorded archeological sites within the
project acreage. However, the Florida Dept. of State, Division of Historical Resources
cautions the property owner that sites may contain unrecorded archaeological resources
even if previously surveyed for cultural resources. The Department suggests that a historic
resource survey be conducted on most sites to ensure no archeological resources are
present. Further, this site has not been identified on the County's Historical and
Archeological Probability maps.
Traffic Impacts and GMP Consistencv:
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and
has determined that this project can be found consistent with Policy 5.1 of the Transportation
Element of the Growth Management Plan with the provision of mitigation.
Staff comments are limited to the significant impacts shown on the Initial concurrency links.
. Traffic Impacts:
Golden Gate Boulevard
The first concurrency link that would be impacted by this project is Link 17, Golden Gate
Boulevard between CR-951 and Wilson Boulevard. The project would generate up to 130
PM peak hour, peak direction trips on this link, which represents a 5.53% impact. This
concurrency link reflects a remaining capacity of 530 trips in the draft 2009 AUIR and is at
Level of Service "D". Network improvements and specific dedications have been proposed
that will mitigate the significant impacts on this link.
The second concurrency link that would be impacted by this project is Link 123, Golden
Gate Boulevard between Wilson Boulevard and Everglades Boulevard. The project would
generate up to 111 PM peak hour, peak direction trips on this link, which represents a
1 0.99% impact. This concurrency link reflects a negative remaining capacity of -53 trips in
the draft 2009 AUIR and is at Level of Service "P'. This roadway is currently in the County's
22
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
5 year CIE. Contributions towards network improvements and specific dedications have
been proposed that will mitigate the significant impacts on this link.
Wilson Boulevard
The first concurrency link on Wilson Boulevard that would be impacted by this project is Unk
118, Wilson Boulevard between Golden Gate Boulevard and the northerly terminus of
Wilson (north of Immokalee Road). The project would generate up to 74 PM peak hour,
peak direction trips on this link, which represents an 8.04% impact. This concurrency link
reflects a remaining capacity of 529 trips in the draft 2009 AUIR and is at Level of Service
"B". Network improvements and specific dedications have been proposed which mitigate
the significant impacts on this link.
. Consistency with the Transportation Element of the Growth Management Plan (GMP):
Transportation Element Policy 5.1
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS)
and has determined that this project can be found consistent with Policy 5.1 of the
Transportation Element of the Growth Management Plan, if the applicant provides adequate
mitigation. The following mitigation and conditions proposed by staff are anticipated to
accommodate the impacts that would result from the approval of this amendment.
1. Up to four primary project access locations are recognized:
a. One direct connection to Wilson Boulevard; located as far to the north as can be
reasonably accommodated on the final SDP. This connection is anticipated to be a
full-movement driveway until such time that Wilson Boulevard median improvements
are made, which may restrict left-in, left-out, or right-out movements at the discretion
of Collier County Transportation Division.
b. Access to Golden Gate Blvd via 1st Street NW will remain; and is subject to any
median revisions created by Collier County.
c. Access to Golden Gate Boulevard between 1st Street NW and ard Street NW with a
possibility for a median opening. Refer to condition no. 2 below, referring to
signalization.
d. Access to Golden Gate Blvd via ast Street NW will remain; and is subject to any
median revisions created by Collier County.
e. No other provisions or restrictions are currently stated for project driveways
connecting to 1 sl Street NW or 3rd Street NW, which shall otherwise be governed by
the CCAMP.
2. Signalization:
a. A signal is acknowledged as a possible provision at either ard Street NW, or the
project entrance between 1s1 and ard. The final conceptual location of this signal, if
warranted and approved by the Transportation Division, shall be determined at the
time of rezoning. If allowed at the project's entrance between 1 sl and ard, then the
following conditions must already be in place:
i. Closure of the full median opening at 1 st Street NW to limit it to a RIIRO only.
ii. Directionalization of ard Street NW median opening (restricted left turn
movements as deemed appropriate by Transportation Division.)
b. Any traffic signal serving any of this project's primary access(es) to Golden Gate
Boulevard shall be the responsibility of the developer, his successors, or assign to
install. The Developer, his successors, or assign shall also pay annual operation
and maintenance fees for said signal, if installed, for the lifetime of the signal.
23
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
3. The deveioper, his successors, or assign agree to donate to the County any necessary
rights of way along the Golden Gate Boulevard and Wilson Boulevard to accommodate
capacity improvements associated with County Project Number 60040; within 180 days
of approval of the first subsequent zoning change.
4. Phasing:
a. The first phase of development, inclusive of the required grocery store and
recognized 10 be no greater than 100,000 sq. ft. shall have a proportionate share
responsibility towards intersection improvements at Wilson and Golden Gate
Boulevard. 60040
b. The remaining 125,000 sq. ft. shall not obtain SDP approval from the Transportation
Division until such time that project number 60040 has commenced, unless the
Developer has elected to construct the complete intersection improvements shown in
project 60040 (at Wilson and Golden Gate) prior to the County's commencement
(some of which will be eligible for impact fee credits). This phase shall also have
proportionate share responsibility toward the intersection of Wilson and Golden Gate
Boulevard.
Public Facilities ImDacts:
. Water and Wastewater: The subject property is not located within the Collier County Water
and Sewer District boundary and is not part of any other existing utilities district.
Development of the property will require installation of a potable well and private sector
package sanitary sewer or septic treatment system, permitted consistent with the applicable
provisions of the GMP, LDC and other jurisdictional agencies including FDEP and SFWMD.
Additionally, the proposed project site is located within the zone of the Collier County
Tamiami Wellfield for the North and South County Regional Water Treatment Plants;
compliance with all rules and regulations to protect the wellfield will be required (LDC
Section 3.06.00). All well sites and pipeline easements located on and ciose to this project
need to be shown on all future site development plans, PPL or any other site plan
applications.
Potable Water Demand: Proposed Uses: Office (60,000 sq. ft,) - 9,000 GPD; Retail
(148,500 sq. ft.) -14,850 GPD; and Restaurant (19,500 sq. ft.) - 9,750 GPD.
Potable Water Demand: Existing Land Use Designation: 17 Residential Units - 4,250 GPD.
Incidental Use for lrriaation - Seatina Areas: 3,000 GPD
The net difference in demand for potable water is 32,350 GPD.
Sanitarv Sewer Demand: Proposed Uses: Office (60,000 sq. ft.) - 9,000 GPD; Retail
(148,500 sq. ft.) -14,850 GPD; and Restaurant (19,500 sq. ft.) - 9,750 GPD.
Sanitarv Sewer Demand: Existing Land Use Designation: 17 Residential Units - 4,250 GPD.
The net difference in demand for sanitary sewer is 32,350 GPD,
. Solid Waste: The service provider is Collier County Solid Waste Management. The 2008
AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the
required lined cell capacity. The project's change in land use from a potential of 17
residential units (425 cy/yr) to 60,000 sq. ft. of office (630 cy/yr), 148,500 sq. ft. of retail uses
24
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
(6,450 cy/yr) and, 19,500 sq. ft. of restaurant uses (8,090 cy/yr) would permit [result in] an
increase in daily trash generation of 7,655 cy/yr.
· Drainage: The subject property is located in Flood Zone D. Future development will be
required to comply with the SFWMD and/or Collier County rules and regulations that assure
controlled accommodation of storm water events by both on-site and off-site improvements.
· Schools, Ubraries, Parks and Recreational Facilities: The application does not propose an
increase in residential density; therefore, no additional demand for services is anticipated.
. EMS, Fire, Police and County Jail: The subject project is located within the Golden Gate Fire
Control and Rescue District. The nearest fire station and EMS services are located
approximately four miles from the subject site and sheriff substation is located approximately
ten miles from the site. The proposed Subdistrict is anticipated to have minimal impacts on
safety services and jail facilities
2008 leGislation - HB 697
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1,
2008. The DCA (Florida Department of Community Affairs) will be reviewing GMP amendments
for compliance with this legislation.
The petitioner has submitted the following data and analysis in support of the project's
compliance with the new legislation.
''The pending Estates Shopping Center Sub-district amendment to the Golden Gate Estates
Master Plan proposes to establish a grocery-anchored community shopping center within
close proximity to several thousand households located within the Northern Golden Gate
Estates subdivision. Approval of this plan amendment will provide convenient shopping
and job opportunities for the central portion of Golden Gate Estates which will reduce
vehicle trips and driving distances for many residents. By capturing these trips presently on
the local roadway network, the amendment will assist in reducing future road network
improvements and traffic impacts to other areas within the more urbanized area of Collier
County. The reduction in vehicle miles traveled will reduce greenhouse gas emissions.
Golden Gate Estates is one of the largest subdivisions in the United States and
encompasses approximately 175 square miles (112,000 acres), and is an example of urban
sprawl. Almost all of the Golden Gate Estates area has been platted into 1.25 acre or larger
single-family home sites with very little commercial development planned to serve the
residents of the area, requiring residents to travel by automobile into the more urbanized
portions of Collier County for most of their daily shopping and service needs. While the
area provides for a semi-rural lifestyle because of the large lots and zoning that permits the
keeping of horses, fowl and other livestock, it has a population exceeding 36,000 in 2008
and is anticipated to continue to grow to a population approaching 45,000 by year 2020.
There is presently a large deficit of commercial land in Golden Gate Estates; thereby,
exacerbating the need to utilize the automobile for daily commercial needs and increasing
the vehicle miles traveled for residents of this subdivision. It is documented that the
automobile is the largest generator of green house gases for most communities. The
proposed amendment provides conveniently located retail services, including a grocery
store where none currently exists or can exist under the current comprehensive plan. The
grocery store and other retails services will result in the reduction of vehicle trip lengths.
25
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
House Bill 697 enoourages energy efficient land use patterns. The proposed plan
amendment, located at the intersection of two major roadway oorridors serving the Northern
Golden Gate Estates area, is an efficient land use pattern. The proposed grocery-anohored
shopping oenter located at this prominent intersection of Wilson Boulevard and Golden Gate
Boulevard will capture numerous trips that otherwise would be passing through the
intersection in route to the urban area for daily shopping needs.
This location is also well-suited for a oommunity sized shopping center due to its location
along a ourrent Collier Area Transit (CAT) route serving Golden Gate Estates. Proximity to
a transit route is an efficient land use pattern and is an example of smart growth by allowing
residents to have an alternative to automobile use for shopping or employment. Locating
goods and services in oloser proximity to the residents will equate to reduoed dependence
on the automobile, reduced vehicle miles traveled and a reduction in greenhouse gas
emissions."
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would
reduoe greenhouse gas emissions. Based upon the petitioner's information provided, staff is
able to conolude that the project would likely reduce vehicle trips traveled by providing
commeroial and employment opportunities proximate to area residents. However, the analysis
provided was not quantified in terms of trips oaptured by internal and external users.
NEIGHBORHOOD INFORMATION MEETING (NIMI NOTES:
The Neighborhood Information Meeting (NIM) was held on September 14, 2009, after the
applioant/agent duly noticed and advertised the meeting, as required by the Collier County Land
Development Code.
Approximately 100+ people attended the NIM, held at Restoration Churoh, located at 7690
Running Buck Court, Naples, FL 34119.
The following is a synopsis of the meeting:
. The County staff planner gave a brief explanation of the GMPA process, inoluding public
hearing dates, and the agents discussed the proposed project in its entirety.
Individuals spoke about the following:
. Traffio impacts and olroulation - timing of planned intersection improvements, aocess to
project from 1st Street NW, 3rd Street NW, Wilson Blvd. and Golden Gate Boulevard.
. Commeroial demand - requests for grocery store use, burdensome to travel to urban area for
groceries and other services/need for commercial uses in Golden Gate Estates, and need
competition for same goods and servioes in the Estates area.
. Estates rural character - maintain quiet rural setting/moved to Golden Gate Estates to be
away from intense development, proposed commercial intensity would change the character
of the Estates, oommercial project would be the first of more to come, and no additional need
for commercial development in the area.
. Well and Septio - general discussion of paokage plant and location on site.
. Project impacts - discussions about lighting, drainage, height of buildings, buffering adjaoent
to residential homes, and other related project impacts.
The meeting began at approximately 6:00 p.m. and concluded at approximately 8:30 p.m.
26
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
[Synopsis prepared by M. Mosca, Principal Planner]
FINDINGS AND CONCLUSIONS:
. The proposed site specific commercial amendment is a departure from the residents'
established vision for Golden Gate Estates. Visioning requires public input and coordinated
efforts to locate commercial centers where appropriate, considering project impacts,
available infrastructure, growth trends, etc.
. Approval of the proposed Subdistrict circumvents the master planning process and limits
public involvement.
· The GGAMP limits new commercial projects in the Estates to uses generally found in the C-
1 through C-3 zoning districts of the Collier County Land Development Code, which are
intended to serve the basic shopping needs of area residents.
· The proposed development will most likely alter the semi-rural characteristics of the Estates
area. Additional noise, light, traffic and etc. can be expected at the site and the surrounding
area.
· The intensity and scale of the proposed project is consistent with commercial intensities
found in urban commercial centers.
· Approval of this amendment may result in nearby properties seeking to expand existing or
potential commercial acreage or establish new commercial subdistricts.
. No significant public facility impacts, except those related to the transportation network, are
expected to occur as a result of the approval of this amendment.
· Approval of this request to add 225,000 square feet of commercial uses at the subject
location may be deemed consistent with policy 5.1 of the Transportation Element of the
Growth Management Pian, if the proposed mitigation is approved by the Board of County
Commissioners.
. The petitioner's market analysis identified that within the Custom Trade Area there is a total
commercial supply of 179,906 sq. ft. and a commercial demand of 200,340 sq. ft., based on
a population of 17,379 persons and 4,930 households by year 2030. The consultant
reduced the commercial inventory by 99,918 sq. ft. from the available sq. ft./acreage supply
at the Everglades/Golden Gate Blvd. Neighborhood Center to account for limited population
growth around that Center and the improbability that this Center would develop within the
2030 planning period. The Study concludes that the project sq. ft. of 225,000 is needed
immediately to allow flexibility in the market.
· The CIGM identified that within the petitioner's Custom Trade Area there is a total existing
and potential neighborhood commercial supply of 387,283 sq. ft. and a commercial demand
of 259,305 sq. ft., based on a population of 30,687 persons by year 2030.
. The CIGM identifies that within the project's Custom Trade Area (eTA) there will not be a
demand for the requested 225,000 sq. ft. of community center commercial until sometime
after year 2030, based on a projected population of 30,687.
27
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
· The CIGM identifies a deficit in community commercial serving land uses in the Estates and
Rural Settlement Area beginning in year 2010 in the amount of 63,817 sq. ft. and increasing
to 412,216 sq. ft. by build-out. However, this deficit does not take into account the potential
commercial sq. ft. supply in the pending Big Cypress DRI petition, located approximately 6+
miles from the project site, that will likely provide commercial and employment opportunities
to residents residing in the eastern areas of the Estates. [It should be noted that 390,950
sq. ft. of community commercial uses are proposed in petition GMPA-2008-2, which includes
much of the same trade area as this petition.]
. The Estates Neighborhood Centers are not large enough to accommodate a grocer/drug
store anchored neighborhood or community shopping center, due to limited parcel size in
each quadrant, buffering requirements, and other development standards.
. The subject property consists of assembled properties centrally located in the Estates. Staff
is not aware of other such properties in the Estates that could accommodate a grocery
anchored neighborhood or community shopping center, except for property located on
Randall Boulevard that is the subject of a GMPA - Petition CP-2008-2.
· The project will not be served by central water and sewer, rather by on-site utilities.
· The site has access to two coilector roads, both of which will be 4-lane divided roads.
· All development in this Subdistrict will be subject to the lighting requirements in Policy 5.1.1.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed by the County Attorney's office.
STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission
forward Petition CP-2008-1 to the Board of County Commissioners with a recommendation to
not transmit to the Florida Department of Community Affairs.
However, should the CCPC choose to recommend transmittal, staff recommends the following
revisions to the proposed subdistrict text, mostly to maintain consistency and harmony within
the GGAMP, for proper format, use of code language, succinctness and clarity. (Note: single
underline text is added, as proposed by petitioner; double underline text is added, double
striltB t"'rBw!l1l text is deleted, as proposed by staff).
6. Estates ShoDDina Center Subdistrict
Recoanizina the need to Drovide for centrallv located IlIiMlie aoods and services within a oortion
of ~JBFI"'BFR Golden Gate Estates Ivine east of Collier Boulevard the Estates ShoDDine Center
Subdistrict has been desienated on the Golden Gate Area Future Land Use MaD and on the
Estates Shonninn Cf=mtRr Subdistrict Man.
+I:le This Subdistrict comprisinG aooroximatelv 41 acres is located at the no~west NW corner
of Golden Gate Boulevard and Wilson Boulevard extendinG westward to 3 Street NW. and
8J:tsR8iR8 FlORR'.Jare 18 iR81Y89 It consists of thefollowina orooerties within Unit 11 of Golden
Gate E;<;tates: all of Tracts 107. 108. 109. 110 143 and 144 and the southern 180 feet of
Tracts 142 and 106. sf L'Flit 11 and the southern 255 feet of Tract 111 llf "Flit 11 llf ~BlilBFl ~lilll
h:etRt88. tetaliR9 aBBr8J(i~atgl" 11 8er98.
28
CP-200B-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
TIle lietlHee ~RelllliR8 ~eRter This Subdistrict is intended to orovide convenient shoooino.
cersonal services and emolovment for thesurroundina area QQAtral filrS9.& sf ~18RR8FR (lalgeR
~!l~e .etlltee. Commercial develooment in this Subdistrict will reduce drivino distances for
manv residents. assist in minimizina the road network reouired. and reduce traffic imoacts in this
area of Collier Couniv.
All develooment in this Subdistrict shall comolv with the followina reouirements and limitations:
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18. IFlSyraR88 ~arFi8r8 ({':rsw88 i~11 i~i1)
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~. 'T>f;;t8 f8118'.~JiRB WBBB 8Rall 88 BF8Ait3iteel:
29
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
a. Allowable uses shall be those oermitted and conditional uses of the C-4 General
Commercial. zonina district in the Collier County Land Develooment Code. Ordinance 04-
41. as amended. exceot that the folJowino uses shall be orohibited:
1. Drinkina Places (5813) and Stand Alone Liauor Stores (5921)
2. Mall Order Houses (5961)
3. Merchandlzina Machine Operators (5962)
4. Power Laundries (7211)
5. Crematories (7261)
6. Radio. TV Representatives (7313) and Direct Mail Advertisina Services (7331)
7. NEC Recreational Shootina Ranaes. Waterslides. etc. (7999)
8. General Hospitals (8062). Psvchiatric Hospitals (8063). and Specialtv Hospitals 18069\
9. Elementarv and Secondary Schools 18211\. Colleaes (8221\. Junior Colleaes (8222)
10. Libraries (8231)
11. Correctional Institutions 19223\
12. Waste Manaaement(9511)
13. Homeless Shelters and Soup Kitchens
e.b.Development intensity shall be limited to 225.000 sauare feet of aross leasable floor area.
EI.c.~ A arocerv use will shall be constructed and it shall contain a minimum of 27.000 sauare
feet.
d ..~tll tile 811891l"lillllllf Ills i1F88SP' 1188. R8 No individual US6l' A*W shall exceed 30.000 sauare
feet of buildina area with the exception of orocerv use.
e. Development within this Subdistrict shall be phased and the followina commitments related
to area roadwav improvements shall be completed within the specified timeframes:
1. Riaht-of-Wav for Golden Gate Boulevard Expansion and Riaht-of-Wav for the Wilson
Boulevard ExDansion will be donated to the County at no cost within ~ 180 davs of a
written reauest from the County.
2. The applicant will shall pav its fair share for the intersection improvements at Wilson
Boulevard and Golden Gate Boulevard within 90 davs of County reauest for
reimbursement.
3. Until the intersection improvements at Golden Gate Boulevard and Wilson Boulevard
are complete. the County shall not issue a Certificatels) of Occupancv (CO) for more
than 100.000 sauare feet of development. The applicant must obtain a C.O. for a
arocerv store as part of this 100.000 sauare feet. and the arocerv store must be the firs!
C.O. obtained.
f. Rezonina is encouraaed to be in the form of a Planned Unit Development (PUDl. . BREI tA8
The rezone ordinance ~ shall contain development standards to ensure that all
commercial land uses will be compatible with neiahborina residential uses.
A e9R88stw81 elaR. l.&'kiotcl ie8Rtifies tR8 leeafieR 8f tR8 88FA"li1le8 ds";e!oSA"18Rt ar88 aAif F9€1wire8
8F888P (8 ansQ hn IRis 8YBEli&tRBt is att8Glol9a. "f>R8 Br8S8~8 9.F88 8esi9teGt eM tRQ 89A88SbulI
BIRR BRall 88tigf" 9fl Q9~9r8AgR91'~8 8IaAr98~lrg""gAt8 fer retaiAs8 Rati'!; 'lsgetatjsR iRSf.,&:jiA8
30
CP-2008-1 Estates Shopping Center Subdistrict Agenda Item 4.A.
But Rat IiFAitel!l. t9 Bil8 rS&WiF9FA8F1t8 8f P811s" &.1.1 9f tAB C'C"f 11;;: A Ff:I9F8.setaile& 9s"e188R018F1t
818RR>1Wet 88 89' '91988'Et aRB utilia9tt fer tt;ts rBilwirg9 PIJg F9~9RIR9
iii !;lB' ~919Qm8Rt 9taR9arse iR81waiFlB 88FFRiUe9 11:4989 BRg 88t8881ts fer sriRsi881 kwilEliREle &1'0:1911
88 88taB1i8~88 lit 'tile time 8f PUQ r838AiRS. AAV fwtwni P' Ig rSileRS 9R811 iA81wEle at 8 ~iRiFRW"t
a A 25-1001 wide landscaoe buffer shall be nrovided abuttina the external rinht-of..wav. This
buffer shall contain two slanaered rows of trees that shall be soaced no more than 30 feet
on center and a double row hedae at least 24 inches in hsieht at time Qf nlantlna and
attainina a minimum of three feet hsieht within one vear A minimum of 500/0 of the 25-100t
wide buffer area shall be comorised of a meandArina bed of shrubs and around covers other
than crass. Exigtino native trees must be retained within this 25-foot wide buffer area to aid
in achievinQ this buffer reQuirement. other existinc native veaetatlon shall be ret~ined where
oossible. to aid in achi~vina this buffer renuirement. Water retention/detention areas shall
be allowed in this buffer area if left in natural state and drainaoe convevance throuQh the
buffer area shall be allowed if necessarv to reach an external outfall.
(1) A FAiRiRUIFM t""9RF.: fi\'8 ~il feet "-jete laRets8888 ewUer A<1wst ~8 srs':iBsB a~1898Rt t8
But9FAal risRte 8f ':}a\'.
h,~ No commercial buildino mav be constructed within 125 feet of the northern or western
orooertv boundaries y. of this 8 Subdistict.
i. ~ Anv oortion of the Proiect directlv abuttino residential orooertv lorooertv zoned E-Estates
and without an aooroved conditional usel shall orovide. at a minimum. a seventy-five 1751
feet wide buffer. exceot the westemmost 330' of Tract 106. which shall orovide a minimum
20' wide buffer. in which no oarkino uses are oermitted. Twentv-five 1251 feet of the width of
the buffer alono the develooed area shall be a landscaoe buffer. A minimum of fifty 1501 feet
of the buffer width shall consist of retained or re-olanted native veoetation and must be
consistent with subsection 3.05.07.H of the Collier County Land Develooment Code ILDCl.
The native veoetation retention area may consist of a oerimeter berm and be used for water
manaoement detention. Anv newlv constructed berm shall be reveoetated to meet
subsection 3.05.07.H of the LDC Inative veoetation reolantino reouirementsl. Additionallv.
in order to be considered for aooroval. use of the native veoetation retention area for water
manaoement ourooses shall meet the followino criteria:
111 ~ There shall be no adverse imoacts to the native veoetation beino retained. The
additional water directed to this area shall not increase the annual hvdro-oeriod unless
it is oroven that such would have no adverse imoact to the existino veoetation.
(.21 ~ If the oroiect reouires oermittino bv the South Florida Water Manaoement District. the
oroiect shall orovide a letter or official document from the District indicatino that the
native veoetation within the retention area will not have to be removed to comolv with
water manaoement reouirements. If the District cannot or will not suoolv such a letter.
then the native veoetation retention area shall not be used for water manaoement.
[3) ~ If the oroiect is reviewed bv Collier County. the County enoineer shall orovide
evidence that no removal of native veoetation is necessary to facilitate the necessary
storaoe of water in the water manaoement area.
i. All buildinos shall have tile roofs IOld Stvle Florida' metal roofs or decorative oaraoet walls
above the roofline. The buildinas shall be finished in Iiaht subdued colors. exceot for
decorativA trim.
k. Buildina heiahts shall be limited to one (1) stON ~u_ (~l 9t-":-9 and a maximum of thirtY-five
1351 feel.
I. Allliahtina shall be architecturallv desianed and limited to a heiaht of twenty-five (25) feet
Such Iiahtina shall be ghielded from neiahborina residential land uses
31
CP-2008-1 Estates Shopping Center Subdistrict
Agenda Item 4.A.
m Commercial uses shall encouraae oedestrian traffic throuoh olacement of sidew~lks
oedestrian walkwavsand marked crosswalks within narkina areas. Adiacent oroiects shall
coordinate Dlacema"! of sidewalks so that a continuous oathwav throuah the Subdistrict is
created
n. All buildinas and oroiects shall utilize a common architectural theme This theme shall bR
aoolicable to both buildina desion and sianaae.
O. Drive..throuah establishments shall be limited to financial institutions with no more than
three lanes The drive-throuah areas shall be architecturallv intearated with the rest of the
buildina.
o. Fences or walls may be constructed on the commercial side of the reauired landscaoe
buffer between adiacent commercial and residential uses If constructed such fences or
walls shall not exceed five (5) feet in heiaht Walls shall be constructed of brick or stone.
Fences shall be of wood or concrete oost or rail tvoes. and shall be of aDen desion (not
covered bv slats. boards or wire).
32
ICP, PRINCIPAL PLANNER
PLANNING DEPARTMENT
REVIEWED BY:
ww~
DAVID WEEKS, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING DEPARTMENT
REV~ It-
RANDALL COH~N, AICP, DIRECTOR
COMPREHENSIVE PLANNING DEPARTMENT
-
APPROVED BY:
K. SCHMITT, ADMINISTRATOR
UNITY DEVELOPMENT &
ONMENTAL SERVICES DIVISION
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
Petition No: CP-2008-1
Staff Report for the October 19, 2009 CCPC Meeting
Agenda Item 4.A.
DATE: 4.3' . of
DATE: 1')fJ,01
DATE:
DATE:
q - 3 Cl-G ~
.,4/l?r
I
Note: This petition has been scheduled for the January 19, 2009, BCC Meeting.
33
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CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
eo.-r c::;;;;ou.H.'ty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: October 19, 2009
RE:
PETITION CP-2008-2, RANDALL BOULEVARD COMMERCIAL
SUBDISTRICT EXPANSION GROWTH MANAGEMENT PLAN
AMENDMENT [TRANSMITTAL HEARING]
Coordinator: Michele Mosca, AICP, Principal Planner
AGENT/APPLICANT/OWNERS
Agent:
Tim Hancock, AICP
Davidson Engineering
3530 Kraft Road, Suite 301
Naples, FL 34105
and
Agent: Bruce Anderson, Esq.
Roetzel and Andress Law Firm
850 Park Shore Drive
Naples, FL 34103
Applicant: Emergent Development Group, Inc.
933 Honeysuckle
Grapevine, TX 76051
Owners: Big Corkscrew Fire District
Collier County Government
Richard and Anna Eckstein
Joseph and Alicia Cabal
Randall Land Trust Agreement, Lisa Aldikacti as Trustee
Angela Iglesias Revocable Trust, Angela Iglesias as Trustee
William M. Grant Revocable Trust, William M. Grant as Trustee
CAB of Collier County, Inc.
PAC of Collier, Inc.
Urika Oil, Inc.
Emergent Development Group, Inc.
Emergent Development Group II, LLC
(Refer to GMP amendment application for additional ownership information.)
1
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
GEOGRAPHIC LOCATION:
The subject project, containing 1:56.5 acres is located on the south side of Randall Boulevard,
extending from the Corkscrew Canal (western boundary) to 8'" Street NE (eastern boundary),
and including Tract 55, Unit 23 Golden Gate Estates, located on 24th Avenue NE, within Section
27, Township 48 South, Range 27 East. The existing Randall Boulevard Commercial Subdistrict
contains 7.53 acres and the proposed expansion area comprises 48.97:t acres. The proposed
Subdistrict is within the Rural Estates Planning Community. (Refer to aerial and zoning maps
below.)
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(Highlighted Tracts Represent Entire Project Boundary)
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Division of Forestry Facility, including a fire tower (approved provisional use)
Estates ResidenUal Tracts
Randall Blvd. Center PUD & Mir Mar PUD (Existing Randall Blvd. Commercial Subdistrict)
Big Cor1<screw Island Fire Control- Fire Station (approved conditionaVprovisional use, W 1-2 of Tract 64 only)
REQUESTED ACTION:
The petitioner seeks to amend the Golden Gate Area Master Plan (GGAMP) text, Future Land
Use Map and map series by:
1. Amending the Estates - Commercial District to expand and modify the Randall
Boulevard Commercial Subdistrict; and
2. Amending the Future Land Use Map and the Randall Boulevard Commercial Subdistrict
Map of the Future Land Use Map series to reflect the expansion of the Randall
Boulevard Commercial Subdistrict boundaries.
2
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
The Detitioner's proposed text changes, shown in strike-through/underline format, are as
follows:
(Words underlined are added, words strl,lsk tllr-9I1~1:l are deleted; row of asterisks ["']
denotes break in text.)
B. Estates - Commercial District
[Page 33]
*** *** *** *.* *** *** *** *.. *** *** ... *** *** .*. *** *** *** *** -..., .** *** *** ._. *"'* *** **11
[Page 35]
3. Randall Boulevard Commercial Subdistrict - It is the intent of this Subdistrict to
Drovide commercial ooods and services to the surroundino area. The Randall Boulevard
Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map.
The Subdistrict is comprised of the following properties: Tracl2 71, 72, 89. 90. 107. 108. 125.
126 and 127. Golden Gate Estates, Unit 23; and tile iiast 165 leet at Trac~ 54~, Golden
Gate Estates, Unit 23. See MaFl14 the Randall Boulevard Commercial Subdistrict Mao.
.!!l The Criteria for the subdistrict are as follows:
· All commercial development is encouraged to be in the form of a PUD.
. Projects directly abutting Estates zoned property shall provide, at a
minimum, a 75-foot buffer of retained native vegetation in which no parking
or water management uses are permitted; except that, when abutting
conditional uses no such buffer is required. Tract 55 shall orovide. at a
minimum. a 50-foot buffer of retained native veoetation in which no water
manaoement uses are oermitted on its eastern boundarv. Tract 55 shall onlv
be utilized for ourooses of native oreservation and water manaoement
areas.
. Shared parking shall be required with adjoining developments whenever
possible.
III Limitation of Uses - Uses shall be limited to the following:
· Automobile Service Station;
. Barber & Beauty Shops;
. Convenience Stores;
. Drug Stores;
. Food Markets;
. Hardware Stores;
. Laundries - Self Service Only;
. Parks, Public or Private
. Post Offices and Professional Offices;
· Repair Shops - Radio, TV, Small Appliances and Shoes;
. Restaurants, including fast food restaurants but not drive-in restaurants
. Shopping Center. as defined in the Land Develooment Code comorised of
uses consistent with those identified in this section.
. Veterinary Clinics with no outside kenneling.
. Permitted and conditional uses allowed in the C-4 zonino district shall also
be allowed exceot the for followino:
- Tire Dealers. Automotive Retail (Grouo 5531\
- Automotive Parkino (Grouo 7521\
3
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.8.
Communication Services (Grouo 4899)
- Drinkina Places (Grouo 5813)
- Fishina Piers (Grouo7999)
- Glass and Glazina work (Grouo 1793)
- Health Services (Grouos 8059-8069)
- Soecialtv OutDatient Facilities (Grouo 8093)
- Houseboat Rental. Lakes Ooerations. PartY and Pleasure Boat rental
(Grouo 7999)
- Laroe Aooliance reoair service (Grouo 7623)
- Marinas (arouo 4493 and 4499)
Miscellaneous Reoair Services (Grouos 7622-7641. 7699)
Liauor Store, unless ooerated bv Grocerv Retailer (Grouo 5921)
Used Merchandise Store (Grouo 5932)
- Automatic Merchandisina Machine Ooerators (Grouo 5962)
- Direct Sellina Establishment (Grouo 5963)
Escort Services. Massaoe Parlors. Tattoo Parlors. Turkish Baths.
Weddina Chaoels (Grouo 7299)
- Bettina Information Services. Bath Houses. Billiard Parlors. Bookies and
Bookmakers. Cable lifts. Carnival Ooeration. Circus Comoanies. Fortune
Tellers. Go-cart racina ooeration. Off-track bettina. Pina Pona Parlors.
Rodeo Animai Rentals. Rodeos. Shootina Ranaes. Traoshootina
Facilities (Grouo 7999)
- Parole offices. Probation offices. Public welfare centers. refuaee services.
settlement houses (Grauo 8322)
- Tow-in oarkina lots (Grouos 7514.7515.7521)
- Animal Soecialty Services (Grouo 0752)
ill Site desian and architectural treatments:
. All or Dart of Tracts 54. 71. 72. 89.90.107.108.125.126 and 127 shall
at time of zonina orovide information and conceotual desian materials
indicatina the style and aeneral architectural desian of buildinas.
. The focus of oroDOsed desian elements shall be to caoture the rural
nature of the surroundina area in the features and desian of the oroiect
where oracticablv Dossible.
****************.****************************.***********************************************************
PROJECT DESCRIPTION:
The petitioner is requesting approval to expand the Randall Boulevard Commercial Subdistrict
by 48.97:1: acres and modify it to allow up to an additional 390,950 sq. ft. of commercial
development (315,950 sq. ft. Shopping Center and 75,000 sq. ft. Office - Medical and General
of the General Commercial (C-4) zoning district of the Collier County Land Development Code).
SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION:
Subiect Site:
. The subject project boundary includes the following Tracts within Unit 23, Golden Gate
Estates. All tracts are zoned E, Estates, except Tracts 54 (east 10!) and 74, which are zoned
Planned Unit Development (Randall Blvd. Center and Mir Mar), and all are located within a
4
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Special Treatment (Wellfield) Overlay (ST/W). Also, Tract 126 and the W11! of Tract 54 are
each approved for an essential services provisional use.
Tract 54 rN 112): The subject site is developed with a fire station and is designated
Estates - Mixed Use District, Residential Estates Subdistrict. The site is located on a
principal arterial roadway - Immokalee Road. (Property is owned by the Big Corkscrew
Island Fire Control)
Tract 54 (E 112): The subject site is developed with a shopping center (Mir Mar PUD)
and is designated Estates - Commercial District, Randall Boulevard Commercial
Subdistrict. The site is located on a rural minor collector roadway - Randall Boulevard.
Tract 71 (portion of): The subject site is undeveloped (Randall Blvd. Center PUD) and
is designated Estates - Commercial District, Randall Boulevard Commercial Subdistrict.
The site is located on Randall Boulevard.
Tract 71 (portion Of): The subject site is developed with a gasoline and convenience
store (Randall Blvd. Center PUD) and is designated Estates - Commercial District,
Randall Boulevard Commercial Subdistrict. The site is located on Randall Boulevard.
Tract 72: The subject site is undeveloped and is designated Estates - Mixed Use
District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 89 rN 150 ft.): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 89 (E 180 ft.): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 90 (W 180 ft.): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 90 (E 150 ft.): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 107 (W 112): The subject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 107 (E 1/2): The SUbject site is undeveloped and is designated Estates - Mixed
Use District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
Tract 108 (W 180 ft): The subject site is undeveloped and is designated Estates _
Mixed Use District, Residential Estates Subdistrict. The site is located on Randall
Boulevard.
Tract 108 (E 150 ft.): The subject site is undeveloped and is designated Estates _
Mixed Use District, Residential Estates Subdistrict. The site is located on Randall
Boulevard.
Tract 125: The subject site is undeveloped and is designated Estates - Mixed Use
District, Residential Estates Subdistrict. The site is located on Randall Boulevard.
5
CP-200a-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Tract 126: The subject site is developed with a Division of Forestry facility, including a
fire tower, and is designated Estates - Mixed Use District, Residential Estates
Subdistrict. The site is located on Randall Boulevard and a local roadway - ath Street
NE. (Property is owned by Collier County.)
Tract 127 (N 150 ft.): The subject site is developed with a single family home and is
designated Estates - Mixed Use District, Residential Estates Subdistrict. The site is
located on ath Street N E.
Tract 127 (S 180 ft.): The subject site is undeveloped and is designated Estates -
Mixed Use District, Residential Estates Subdistrict. The site is located on ath Street NE.
Tract 55: The subject site is undeveloped and is designated Estates - Mixed Use
District, Residential Estates Subdistrict. The site is located on a local roadway - 24th
Avenue NE. (Property is owned by Big Corkscrew Island Fire ControL)
Surroundina Lands:
. North:
. South:
. East:
. West:
Immokalee Road, a 6-lane divided road, then scattered family dwellings on lands
zoned E, Estates and designated Estates (Mixed Use District, Residential
Estates Subdistrict); and, Randall Boulevard, a 2-lane undivided coilector road,
then Orangetree PUD - commercial tract under development and developed
single-family homes - all designated Agricultural/Rural (Rural Settlement Area
District) on the GGAMP Future Land Use Map. [The site of petition CP-2007-2
lies 1 mile to the north.]
Developed single-family homes and undeveloped tracts, zoned E, Estates and
designated Estates (Mixed Use District, Residential Estates Subdistrict) on the
GGAMP Future Land Use Map.
Across ath Street NE, a 2-lane undivided local road, undeveloped tracts; zoned E,
Estates; and designated Estates (Mixed Use District, Residential Estates
Subdistrict) on the GGAMP Future Land Use Map.
Across Corkscrew Canal, undeveloped tracts, zoned E, Estates and designated
Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP
Future Land Use Map. [The site of petition CP-2007-1 lies <'12 mile to the west.]
STAFF ANALYSIS:
Please refer to the document titled "Standard Language for GMPA Staff Reports" located behind
the "GMPA Standard Language" tab. This document addresses some items common to all
petitions in this cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item
common to the six petitions seeking amendments to the GGAMP.
ADDroDrlateness of Chanae:
The proposed amendment would allow intense commercial development in an area of the
County intended for low density residential development. An evaluation of the project site and
surrounding area, commercial needs assessment, population growth in the area, development
6
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
impacts, infrastructure demands, and other considerations will be analyzed to determine the
appropriateness of this proposed change.
Backaround and Considerations:
· Golden Gate Area Master Plan (GGAMP) - Goals, Objectives and Policies:
Goal 3: Provide for basic commercial services for purposes of serving the rural needs of
Golden Gate Estates residents, shortening vehicle trips, and preserving rural
character.
Goal 5: Future development within Golden Gate Estates will balance the desire by
residents for urban amenities with the preservation of the area's rural character...
The above goals and their related objectives and policies found in the GGAMP demonstrate
the community's desire to maintain the rural character of the Estates while providing for the
basic commercial needs of its growing popUlation. The proposed expansion and commercial
intensification of the Randall Boulevard Commercial Subdistrict by 48.97+ acres with up to
an additional 390,950 sq. ft. of commercial development of the General Commercial (C-4)
zoning district, is not consistent with, or reflective of, the Estates residents' vision of the area
as expressed in the Golden Gate Area Master Plan.
· Commercial opportunities within Golden Gate Estates:
In 1991, the Golden Gate Area Master Plan was adopted and incorporated into the county's
Growth Management Plan. The Plan established locational criteria limiting commercial
development in the Estates designation to the Estates Neighborhood Centers, site-specific
commercial subdistricts, and already existing commercially zoned iands.
. Estates Neighborhood Centers:
The Estates Neighborhood Centers were established as a means to direct new commercial
development to areas where traffic impacts could be readily accommodated. These Centers
were originally located at Pine Ridge and C.R. 951, Golden Gate and Wilson Boulevards,
Golden Gate and Everglades Boulevards, and Immokalee Road and Everglades Boulevard,
along major roadways and distributed according to projected commercial demand in the
Estates.
In 1992, the Board of County Commissioners denied a commercial rezone petition at the
Golden Gate and Everglades Boulevard Neighborhood Center and directed staff to remove
all Neighborhood Centers east of C.R. 951, stating the commercial centers were premature.
Those centers were removed in 1993. In 1996, the Neighborhood Center concept was
reevaluated as part of the Evaluation and Appraisal Report review process required by State
law. As a result, the neighborhood centers at Golden Gate and Wilson Boulevards and
Immokalee Rd. and Everglades Boulevard were reinstated in 1997 as future centers on the
GGAMP Future Land Use Map.
In 2002, the GGAMP Restudy Committee was formed by the Board of County
Commissioners and authorized, in part, to study the commercial land use needs of the
Golden Gate Estates community. County staff worked closely with the Committee and
community to identify appropriate areas to locate new commercial development within the
Estates. The Committee recommendations to the BCC included added provisions for the
7
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
expansion and creation of Neighborhood Centers within the Estates. The Board of County
Commissioners subsequently adopted amendments to the GGAMP and Future Land Use
Map and map series in 2003 to include the recommended expansions and new
neighborhood centers (in effect, neighborhood centers were reestablished at their original
locations but some were increased in size).
. Development patterns in the Neighborhood Centers east of Collier Boulevard:
Wilson Boulevard and Golden Gate Boulevard Center
NE quadrant:
Total size is approximately 8.45 acres - Partially DEVELOPED (Approximately
2.65 acres are developed with 8,113 sq. ft. of convenience commercial.)
NW quadrant:
Total size is approximately 4.98 acres - UNDEVELOPED (portion of Project Site)
SE quadrant:
Total size is approximately 7.15 acres (5.00 acs. commercial & 2.15 acs.
buffering and r-o-w) - Partially DEVELOPED (Wilson Boulevard Shopping Center
- 41,800 sq. ft. of commercial development). Approximately 12,572 sq. ft.
undeveloped commercial sq. ft. remaining - Uberty Gold LLC.
SW quadrant:
Total size is approximately 11.78 acres - Partially DEVELOPED (16,550 sq. ft.
Walgreens store). Balance of quadrant added to Neighborhood Center via GMP
amendment (CP-2005-2) approved in 2007, and rezoned for up to 60,000 sq. ft.
of office, medical office and medical related uses.)
Everalades Boulevard and Golden Gate Boulevard Center
NE quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED (Big Bear Plaza
CPUD)
NW quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED (pending rezone to
Fakahatchee Plaza CPUD for C-1 thru C-3 uses)
SE quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED
SW quadrant:
Total size is approximately 5.46 acres - UNDEVELOPED
Immokalee Rd. and Everalades Boulevard Center
SE quadrant:
Total size is approximately 9.20 acres - UNDEVELOPED (4.05 acres have been
rezoned from E, Estates to Chestnut Place MPUD for C-1 thru C-3 uses -
balance of PUD lies outside of Neighborhood Center and is approved for church)
SW quadrant:
Total size is approximately 5.15 acres- UNDEVELOPED (pending rezone to
Singer Park CPUD for C-1 thru C-3 uses)
The potential and existing commercial sq. ft. within the Estates Neighborhood Centers located
east of Collier Boulevard is 450,186 square feet, based on the CIGM and approved zoning. (It
8
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
should be noted that the CIGM uses a countywide average of 6,044 sq. ft. lac. to determine
potential commerciai development.)
. Existing commercial acreage serving portions of the Estates, but not located within
an Estates Neighborhood Center:
Randall Boulevard Commercial Subdistrict:
Approximately 7.53 acres are allocated for up to 41,000 sq. ft. of commercial
development, located within Section 27, Township 48 South, Range 27 East. This
Subdistrict acreage Is included as part of this GMPA petition.
. Commercial development projected to serve portions of the Estates, but not located
within an Estates Neighborhood Center:
Orange Tree PUD:
Approximately 22 acres within the Planned Unit Development are allocated for up to
60,000 square feet of commercial development, located in Sections 22 and 23,
Township 48 South, Range 27 East. This PUD is located across Randall Blvd. from
to the proposed project site (refer to map on page 10). (A petition to increase the
commercial sq. ft. up to 332,000 sq. ft. in the PUD is pending.) [Approved for 2,100
dwelling units; pending petition to increase this to 3,350 dwelling units.]
Orange Blossom Ranch PUD:
Approximately 44 acres within the Planned Unit Development are allocated for up to
200,000 square feet of commercial development, located In Section 13, Township 48
South, Range 27 East. This PUD is located approximately 4.00 road miles from the
proposed project site (refer to map on page 10). [Approved for 1,600 dwelling units.]
Big Cypress Development of Regional Impact (DRI)/Stewardship Receiving Area (SRA) _
pending.
Approximately 564 acres within the DRI are allocated for up to 987,188 square feet of
retalVservice commercial and 664,395 square feet of office development (also
includes approximately 494,080 sq. ft. light industrial), located in Sections 10, 14 and
27, Township 48 South, Range 28 East. This pending DRI is located approximately 5
miles from the proposed project site (refer to map on page 10). [Proposes 8,968
dwelling units.]
Rural Villages - potential (allowed):
Two Rural Villages ranging in size from 300 to 1,5OD-acres are permitted on the
Receiving Lands west and south of the proposed project location (refer to map on
page 10). A Rural Village development must include a Village Center and may also
include several Neighborhood Centers. A 300+ acre (calculation doesn't include
Greenbelt Area) Rural Village will yield a 3O-acre Village Center with approximately
90,000 sq. ft. of commercial development. Neighborhood Centers within the same
Rural Village may consist of a 1.SD-acre Center with approximately 5,1 OO-sq. ft. of
commercial development. A 1,50D-acre Rural Village will yield a 150-acre Village
Center with approximately 450,OOO-sq. ft. of commercial development. Neighborhood
9
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Centers within the same Rural Village may consist of 7.50 acres each with
approximately 25,500-sq. ft. of commercial development within each center. The
Receiving Lands range in distance from approximately 1.50 to 6 road miles from the
proposed project site. [Density in Rural Village must be between 2-3 dwelling
units/acre.]
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Future commercial development outside of Golden Gate Estates - as part of Rural Village
(allowed), SRA (pending) and PUD development (zoned) - will meet some of the projected
commercial demand in the Estates area.
. Petitions in Vicinitv
It should be noted there are five petitions for sites located east of Collier Blvd. and in Golden
Gate Estates, inclusive of the subject petition. Four petitions are for commercial uses; one
petition request is for mostly institutional uses, but includes a small commercial allocation. The
attached location map identifies these five petition sites, what each request consists of, and
commercial opportunities in the surrounding area. The table below also provides information
about these five petitions seeking amendments to the Golden Gate Area Master Plan. The
10
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
attached map (Pending GMPAs Commercial Market Area) depicts the overlapping market
areas of these petitions.
Petition Location # Acres ReQuest
CP-2007-1 SE comer CR846lWilson Blvd. 5.17 Create Wilson Blvd. Commercial
Subdistrict to allow max. of 40,000
S.F. of com'l uses
CP-2oo7-2 SW comer of CR846133rd Ave. NE 10.28 Create lmmokalee Road/Oil Well
Road Commercial Subdistrict to allow
max. of 70,000 S.F. of C-1 thru C-3
com'l uses
CP-2oo7-3 south side of CR858, 1/4 mile west of 21.72 Create Mission Subdistrict to allow
Everglades Blvd. institutional uses (church and related
uses, e.g. child & aduil day care), and
limited C-1 com'l uses (90,000 s.f.
total, inclusive of 2,500 s. f. of com'l)
CP-2oo8-1 NW quadrant of Wilson & Golden Gate 40.62 Create a new Estates Shopping
Blvds. Center Subdistrict to allow up to
225,000 s.f of C-4 com'l uses, with
exceptions, and select C-5
commercial uses, with a requirement
to provide a grocery store [portion of
site (4.98 acs.) lies within existing
Neighborhood Center and could yield
30,099 s.f. of com'll
CP-2008-2 south side of CR846 & Randall 56.50 Expand and modify Randall Blvd
Blvd., from canal east to 8th Street Commercial Subdistrict to add
NE (inclusive of BCI Fire Station, 390,950 s.f. of C-4 com'l uses
existing Randall Blvd. Com'l [zoning in existing Subdistrict
Subdistrict, and OOF fire tower site). allows 41,000 s.f. of com'l on 7.53
aes.]
sum 134.29 769,450 s.f. of com'l [728,450 s.f. is
[121.78 new]
acres
are
newl
Two of the five petitions proposed (CP-2008-1 & CP-2008-2) could be categorized as
community serving in nature, providing a wider variety of goods and services and more intense
land use activities than the others, which likely would provide convenience goods and services,
consistent with existing commercial uses in the Estates Neighborhood Centers.
In total, the commercial square feet proposed by these five petitions, if approved, would add
approximately 728,450 sq. ft. of commercial uses on approximately 121.78 acres. This figure,
combined with the existing and potential commerciai sq. ft. allowed in the Estates Neighborhood
Centers (450,186 sq. ft.), existing Randall Boulevard Commercial Subdistrict (41,000),
OrangeTree PUD (approved for 60,000, but expected to increase to 332,000 sq. ft. via a
pending petition) and Orange Blossom Ranch PUD (200,000 sq. ft.), would total approximately
1,751,636 sq. ft. (This figure does not reflect the 987,188 sq. ft. in the pending Big Cypress DRI
or future development of the Rural Fringe Mixed Use District, located proximate to the proposed
GMPAs.)
11
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Commercial Demand:
Comprehensive Planning staff reviewed and analyzed the petitioner's commercial demand data
and analysis, the Collier Interactive Growth Model (CIGM), and other available data to estimate
and project population within the defined Study area to determine the existing and potential
commercial supply, supportable commercial square feet and demand. Additionally, staff
analyzed the CIGM population estimates and projections and supportable commercial square
feet for all Estates designated lands located east of Collier Boulevard and the Rural Settlement
Area to determine the need for neighborhood and community serving commercial centers.
Staff began the analysis with the CIGM to obtain baseline population estimates and projections,
and housing unit counts for the petitioner's defined market area. Staff examined the projected
supportable commercial square feet generated from the resulting population (demand), and
then compared those figures to the existing and potential commercial sq. ft. supply in the market
area.
The Model projected that the population in the petitioner's Primary Trade Area (PT A) and
combined PTA and Secondary Market Area (SMA) in 2010 will be approximately 16,707 and
27,903 people respectively, and the supportable neighborhood commercial square feet in the
PT A and combined PT A/SMA will be 141,174 and 235,780 respectively; and, by year 2030 the
population in the PTA and combined PTA/SMA will be approximately 30,989 and 52,812
respectively, and the estimated supportable neighborhood commercial square feet in the PTA
and combined PTA/SMA will be approximately 261,857 and 446,261 respectively. Staff then
examined the existing and potential neighborhood commercial supply and compared those
figures with the supportable square feet figures generated from the population growth in the
market area. Staff determined that the neighborhood commercial supply in the PT A and
combined PTA/SMA of 346,410 (546,410 sq. ft. figure reduced by 200,000 - Orange Blossom
Ranch) and 533,536 (733,536 sq. ft. figure reduced by 200,000 - Orange Blossom Ranch)
respectively, will exceed what the market area can potentially support.
Additionally, the Model projected that the supportable community commercial square feet in the
PTA and combined PTA/SMA will be 124,968 and 208,714 respectively in 2010; and, by year
2030 the projected supportable community commercial square feet in the PT A and combined
PTA/SMA will be approximately 231,798 and 446,261 respectively. Staff identified
approximately 200,000 sq. ft. of potential community serving commercial is located in the
Orange Blossom PUD, located approximately 3+ miles from the proposed project site. Also,
there is a petition pending to increase commercial sq. ft. up to 332,000 in the Orange Tree PUD,
which is located proximate to the proposed project. The combined commercial sq. ft. in these
two PUDs would provide a total of up to 532,000 sq. ft. of community serving commercial to the
Estates and Rural Settlement Area residents.
The following is a complete analysis of this proposed GMPA based on the CIGM for all years,
beginning with year 2007 through year 2030.
. Collier Interactive Growth Model
The East of County Road 951 Infrastructure and Services Horizon Study was a two phase
planning effort to assess the County's ability to accommodate growth within the County east
of Collier Boulevard (CR 951). InCluded in the second phase of the study was the
development of a Collier County Interactive Growth Model (CIGM). The Board adopted the
CIGM as a planning tool at its advertised public hearing on January 13, 2009. This model
12
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
was developed to assist in projecting population and its spatial distribution over time to
build-out in all areas lying east of CR 951. The interactive growth model Is also utilized to
approximate the timing and location of commercial and industrial centers, school facilities,
parks and recreational facilities, fire stations, etc. The commercial sub-model is designed to
project the demand for neighborhood, community and regional centers that include retail
and other commercial uses. This sub-model helps to spatially allocate the optimal locations
for these centers required as a function of time and population, and as a result of disposable
incomes of the population.
Guidelines for Commercial Development used in the CIGM:
. Number of Persons per Neighborhood Center: 13,110
· Number of Persons per Community Center: 34,464
· Number of Persons per Regional Center: 157,324
· Number of Acres per Neighborhood Center: 11
· Number of Acres per Community Center: 28
. Number of Acres per Regional Center: 100
. Square Feet Building Area per Neighborhood Center: 110,734 (8.45 SOFT per Capita)
· Square Feet Building Area per Community Center: 257,668 (7.48 SOFT per Capita)
. Square Feet Building Area per Regional Center: 1,000,000 (6.36 SOFT per Capita)
The above floor area figures are the average sizes of Neighborhood, Community and
Regional Centers in existence (built) in Collier County. This means some Centers are larger,
and some smaller, than these countywide averages; that is, there is a range in size of each
type of Center. Each type of Center is classified based upon size as well as uses.
Based on the CIGM, staff has developed a commercial analysis for petition CP-2008-2 as
follows (the 8 referenced maps are attached to this Staff Report):
· Existing and Potential Commercial SOFT in the Primary Market Area (see Map 1
attached)
Within the petitioner's defined Primary Trade Area (PTA) there are 89,813 SOFT of
existing commercial development and 456,597 SOFT of potential commercial
development (vacant land designated as commercial & vacant land zoned commercial).
The total existing and potential commercial SOFT within the PT A is 546,410.
Existing and Potential Commercial SOFT in the Secondary Market Area
Within the petitioner's defined Secondary Market Area (SMA) there is 0 SOFT of existing
commercial development and 187,126 SOFT of potential commercial development
(vacant land designated as commercial & vacant land zoned commercial). The total
existing and potential commercial SOFT within the SMA is 187,126.
Total Existing and Potential Commercial SOFT within the PTA and SMA (see Map 5
attached:
The total existing and potential commercial SOFT within the PTA and SMA is 733,536.
. Housing Units & Population (see Map 2, attached)
Based on the CIGM, the total housing units and total population in the PTA are/will be:
2007 - 4,818 units and 14,376 persons; 2010 - 5,600 units and 16,707 persons; 2015-
7,032 units and 20,654 persons; 2020 - 8,376 units and 24,531 persons; 2025 - 9,602
units and 28,030 persons; and, 2030 - 10,653 units and 30,989 persons.
13
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.8.
Housing Units & Population
Based on the CIGM, the total housing units and total population in the SMA are/will be:
2007 - 3,118 units and 9,717 persons; 2010 - 3,503 units and 11,196 persons; 2015 -
4,419 units and 13,780 persons; 2020 - 5,705 units and 16,840 persons; 2025 - 6,643
units and 19,456 persons; and, 2030 -7,518 units and 21,823 persons.
Total Housing Units & Population within the PTA and SMA (see Map 6, attached)
The total housing units and total population in the PTA and SMA are/will be: 2007 -
7,936 units and 24,093 persons; 2010 - 9,103 units and 27,903 persons; 2015 - 11,451
units and 34,434 persons; 2020 - 14,081 units and 41,371 persons; 2025 - 16,245 units
and 47,486 persons; and, 2030 -18,171 units and 52,812 persons.
. Square Footage Demand for a Community Center within the PTA (see Map 3, attached)
The total existing/projected population within the PTA translates into an existing/
projected demand for commercial space within the PTA as follows: 2007 - 14,376
persons yields demand for 107,533 square feet of commercial (7.48 sa FT per capita);
2010 -16,707 persons yields demand for 124,986 sa FT; 2015 - 20,654 persons yields
demand for 154,492 sa FT; 2020 - 24,531 persons yields demand for 183,492 sa FT;
2025 - 28,030 persons yields demand for 209,664 sa FT; and, 2030 - 30,989 persons
yields demand for 231,798 sa FT. The existing and potential community commercial
SaFT (Supply) within the PTA is 200,000. Based on the criteria established in the
CIGM, demand for community commercial will not be generated by the population within
the defined PTA until sometime between years 2025 and 2030. However, it should be
noted that a petition for the Orangetree development to increase community commercial
square feet to 332,000 is pending. If approved, demand for additional community
serving sq. ft. would not be generated by the combined trade area population until
sometime after year 2030. (It should be noted that the parcels located in OrangeTree are
fragmented, and as such may only develop as neighborhood serving commercia!.)
Further, the addition of the requested GMPA sq. ft. of 390,950 may not likely be
supported by the PT A population until well beyond year 2030.
Total Square Footage Demand for a Community Center within the combined PTA &
SMA (see Map 7, attached)
The total existing/projected population within the PT A and SMA translates into an
existing/ projected demand for commercial space within the combined trade areas as
follows: 2007 - 24,093 persons yields demand for 180,216 square feet of commercial
(7.48 sa FT per capita); 2010 - 27,903 persons yields demand for 208,714 sa FT;
2015 - 34,434 persons yields demand for 257,566 sa FT; 2020 - 41,371 persons yields
demand for 309,455 sa FT; 2025 - 47,486 persons yields demand for 355,195 sa FT;
and, 2030 - 52,812 persons yields demand for 395,034 sa FT. The existing and
potential community commercial SaFT (Supply) within the PTA and SMA is 200,000.
Based on the criteria established in the CIGM, demand for additional community
commercial will be generated by the population within the combined PT A and SMA
around year 2010. However, it should be noted that a petition for the Orangetree
development to increase community commercial square feet to 332,000 is pending. If
approved, demand for additional community serving sq. ft. would not be generated by
the combined trade area population until sometime after year 2030. (It should be noted
that the parcels located in OrangeTree are fragmented, and as such may only develop
as neighborhood serving commercia!.)
14
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
. Square Footage Demand for a Neighborhood Center within the PTA (see Map 4,
attached)
The total existing/projected population within the PT A translates into an existing!
projected demand for commercial space within the PTA as follows: 2007 - 14,376
persons yields demand for 121,4n square feet of commercial (8.45 SOFT per capita);
2010 -16,707 persons yields demand for 141,174 sa FT; 2015 - 20,654 persons yields
demand for 174,526 sa FT; 2020 - 24,531 persons yields demand for 207,287 sa FT;
2025 - 28,030 persons yields demand for 236,854 sa FT; and, 2030 - 30,989 persons
in 2030 translate to 261,857 square feet demand for commercial space. The existing and
potential commercial SOFT (Supply) within the PTA is 346,410; therefore, there will not
be a need for additional neighborhood center commercial in this PTA until sometime
after year 2030.
Total Square Footage Demand for a Neighborhood Center within the combined PTA &
SMA (see Map 8, attached)
The total existing!projected population within the PTA and SMA translates into an
existing! projected demand for commercial space within the combined market areas as
follows: 2007 - 24,093 persons yields demand for 203,586 square feet of commercial
(8,45 SOFT per capita); 2010 - 27,903 persons yields demand for 235,780 sa FT; 2015
- 34,434 persons yields demand for 290,967 sa FT; 2020 - 41,371 persons yields
demand for 349,585 sa FT; 2025 - 47,486 persons yields demand for 401,257 sa FT;
and, 2030 - 52,812 persons translates to 446,261 square feet demand for commercial
space. The existing and potential commercial SOFT (Supply) within the combined trade
area is 533,536; therefore, there will not be a need for additional neighborhood center
commercial in this combined trade area until sometime after year 2030.
[Data Sources: The CIGM analysis for this petition utilized: (1) the 2008 commercial
inventory prepared by the Collier County Comprehensive Planning Department; (2) present
GMP designations that allow commercial zoning; (3) housing unit and population projections
prepared by the CIGM consultant, which account for vacancy rates. There is a minor
discrepancy between the CIGM population projections and those prepared by the Bureau of
Economic and Business Research at the University of Florida.]
. Justification for the proposed amendment and commercial demand analysis, as
provided by the petitioner (refer to Exhibit L):
The Commercial Needs Analysis was prepared by Fraser & Mohlke Associates, Inc. The
Study evaluated and compared market conditions and population within Golden Gate
Estates and within three separate Planning Communities - Corkscrew, Rural Estates and
Urban Estates; evaluated and compared market conditions and population estimates and
projections in Zip Code 34120; evaluated CIGM population estimates and projections and
build-out housing unit counts; assessed the transportation network surrounding the
proposed project site; and then applied similar market characteristics to the project's
established Primary Trade Area (PTA) and Secondary Market Area (SMA) to determine
commercial demand.
The Primary Trade Area (PTA) and Secondary Market Area (SMA) generaliy include much
of the Estates designated areas located east of Collier Boulevard, extending north from
Golden Gate Boulevard to Immokalee Road, and extending to the eastern boundary of the
Estates designation, including the Rural Settlement Area (refer to map on page 16 [subject
site is in yellow]).
15
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.8.
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PTA Traffic Analysis Zones (T AZ): 214 - 217, 393 - 396, 398 - 400, and 402
SMA Traffic Analysis Zones (T AZ): 213, 218, 234 - 236, 390. 391, and 397
-ji' -
The consultanfs approach to analyzing supportable commercial square feet based on the
data specific to the geographies studied, including but not limited tO"population projections,
per capita income, dwelling unit counts, retail expenditures, and Sf;' es data was deemed
reasonable by staff. However, the Study contains outdated data and does not contain
essential commercial supply data necessary to accurately evaluate t e commercial demand.
The absence of this data gives the appearance that certain geographic areas studied may
be underserved by commercial land uses. f
Specific to the project's PT A, the Study evaluates commercial demand based on CIGM
population estimates (2007) and projections (2010 & 2015) for tbe area along with the
application of market characteristics derived from similar geographie$ studied. However, the
PTA analysis includes population projections for the entire market area, but does not include
all existing and potential commercial supply, thereby overstating the area's commercial
deficit.
The consultanfs findings based on the CIGM population estimates and projections for the
PTA and SMA are below.
. The total population in the Primary Trade Area (PTA) is/will be: 2007 - 14,156 persons;
2010 -16,409 persons; 2015 - 18,669 persons; and, build-out - 36,125 persons,
(Dwelling units at build-out are estimated at 13,834 units.
16
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.8.
. The total population in the Secondary Market Area (SMA) will be: 27,239 persons at
build-out, based on the CIGM, or 27,874 persons, based on the 2005 Residential Build-
Out Study prepared by the Collier County Comprehensive Planning Dept.
· The consultant estimated that by build-out the total population within the PT A (36,125
persons) and the SMA (27,239 persons) would support approximately 473,963 sq. ft. of
community center commercial land uses, requiring a total of 54.40 acres.
(Note: the OrangeTree PUD, Orange Blossom Ranch PUD and other potential
commercial sq. ft. figures and acreages were not included in the consultanfs commercial
inventory. Inclusion of these potential commercial sq. ft. figures results in an increase in
net supply and a decrease in demand for the area.)
· Population Projections (CIGM); and, Neighborhood and Community Center
supportable sq. ft. (CIGM) in Golden Gate Estates and the Rural Settlement Area:
The population in Golden Gate Estates (east of Collier Boulevard) and the Rural Settlement
Area is projected to be: 35,136 persons in year 2010; 51,560 persons in year 2020; 65,217
persons in year 2030; and, 81,847 persons by build-out. (see Housing Units and Population
Forecast map, attached)
Based on CIGM criteria, approximately 35,136 persons could support approximately
296,899 sq. ft. of neighborhood serving commercial and 262,817 sq. ft. of community
serving commercial; 51,560 persons could support approximately 435,632 sq. ft. of
neighborhood serving commercial and 385,669 sq. ft. of community serving commercial;
65,217 persons could support approximately 551,084 sq. ft. of neighborhood serving
commercial and 487,823 sq. ft. of community serving commercial; and, 81,847 persons
could support approximately 691,607 sq. ft. of neighborhood serving commercial and
612,216 sq. ft. of community serving commercial.
As noted in a previous section of this Report, the existing and potential supply of
neighborhood serving commercial is approximately 551,186 sq. ft. and community serving
commercial is approximately 200,000 sq. ft. (plus 332,000 sq. ft. potential in OrangeTree
PUDlo If the five proposed GMPAs east of Collier Blvd. are approved, the existing and
potential supply of neighborhood serving commercial will increase to 636,686 sq. ft. and
community serving commercial will increase to approximately 815,950 sq. ft. (plus 332,000
sq. ft. potential in OrangeTree PUDlo
Based on the above analysis, it is evident that the existing and potential neighborhood
serving commercial supply is sufficient to support the needs of the Estates/Rural Settlement
Area for the immediate future to year 2030. Conversely, the data reveal that there is a
deficit of community serving commercial sq. ft. beginning in year 2010 in the amount of
63,817 sq. ft. This deficit is projected to increase to 185,665 sq. ft. in year 2020; 287,823 sq.
ft. by year 2030; and 412,216 sq. ft. by build-out.
(Note: Population in certain sections of the Estates designated lands, located within 2-miles
east of Collier Boulevard, north and south of Golden Gate Blvd. and south of White Blvd.
have been omitted from this analysis. This analysis assumes that most of the described
population is/will be served primarily by commercial centers located along, or west of, Collier
Blvd.)
17
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
(Note: This analysis does not consider intermodal splits which demonstrate peak hour of the
trips with an urban destination in the morning. Shopping patterns related to that traffic to the
urban area is not factored into the market analysis. As a result, 1 00% of commercial
spending is assumed to be in the market area.)
. Site Assessment - General Comments:
Roadway:
The site is situated on Randall Blvd. and 81h Street NE. Randall Blvd. is expected to be
widened in the future, initially to 4-lanes and then to 6-lanes.
Randall Blvd. Status: Randall Blvd. is identified in the 2030 Long Range Transportation
Plan as a future 4-lane divided roadway. In the 2009 Annual Update and Inventory
Report, no funds are allocated for right-of-way acquisition, design/engineering or
construction. The easterly terminus of Randall Boulevard is at the eastern edge of
Golden Gate Estates and the western edge of the Rural Lands Stewardship Area
(RLSA). The pending Big Cypress DRI within the RLSA proposes access to Randall
Boulevard (and Oil Well Rd. and 18th Avenue NE.)
Access:
Access to the proposed Subdistrict will be from Randall Blvd and 81h Street NE. The site is
expected to include an internal roadway running through the entire property along the
southern boundary.
Site Depth and Width:
The site is approximately 660 feet deep and the width of the property, from 8lt1 Street NE to
the Randall Blvd. Center PUD is approximately 2,650 feet (v.. mile). However, the site's
developable area and depth will be reduced to accommodate the Randall Blvd. road
widening project (80 feet along property frontage) and 8th Street NE intersection
improvements. Further, the southern portion of the property will be reduced by at least 75
feet to accommodate a landscape buffer adjacent to the residential areas.
Utilities:
The proposed project will be served by central water and sewer - OrangeTree or Collier
County Utilities.
Adjacent Properties:
The properties south of the subject site are zoned E, Estates and designated Estates on the
GGAMP Future Land Use Map; about half of the parcels contain single family dwellings.
The developed single family residential neighborhood located across Randall Boulevard is
zoned MPUD, OrangeTree PUD, and is characterized as urban development.
Rural Character Impact:
The proposed project will most likely alter the rural character of the area. Typically, the
residents in the area can expect to experience increased noise, IighVglare and traffic
volumes at the site and around the surrounding area. It will be critical at time of rezoning, if
the GMPA is approved, to address project uses, a unified theme of development, buffers,
setbacks, heights, hours of operation, and noise and light mitigation in order to minimize
resulting project impacts and to protect the rural character of the Estates area.
18
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
EnvironmentallmDacts:
The environmental report prepared by Jeremy Sterk with Davidson Engineering and submitted
with this petition, dated August 18, 2009, indicates the following:
. The project site includes one single family home; governmental and commercial facilities;
dry herbaceous; palmetto prarie; pine f1atwoods; cypress; and drained pine-cypress-
cabbage palm habitats with some level of exotic infestation; roadway; canal; and FPL
easement. The soils found on site are hydric soils malabar fine sand and pineda fine sand,
limestone substratum and non-hydric soils Immokalee fine sand and oldsmar fine sand.
· The listed species survey conducted on site concluded that there were listed species found
utilizing the site, and there were signs of gopher tortoises. Non-listed speCies observed
include various songbirds, black vulture, cattle egret, swallow-tailed kite, Eastern gray
squirrel, nine-banded armadillo, and various reptiles. The protected plant species of wild
pine and Florida butterfly orchids were found on the site. The site lies within secondary
panther habitat and core foraging area for wood storks.
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the application and provided the following comments:
· No special environmental concerns are associated with the establishment of the Subdistrict
on the subject site.
· Staff has not verified the provided Florida Land Use Cover & Forms Classification System
(FLUCCS) mapping and does not approve it or the Environmental Impact Statement with
this petition.
· Native vegetation preservation requirements will be specifically addressed during
subsequent development order review (rezone and/or site development plan). The preserve
location will be subject to the ranking requirements of Conservation & Coastal Management
Plan (CCME) Section 6.1.1(4).
Historical and Archeological Impacts:
· The Florida Master Site File lists no previously recorded archeological sites, one historic
bridge and no standing structures within the project acreage. The Florida Dept. of State,
Division of Historical Resources cautions the property owner that sites may contain
unrecorded archaeological resources even if previously surveyed for cultural resources.
Further, this site has not been identified on the County's Historical and Archeological
Probability maps.
Traffic ImDacts and GMP Consistencv:
. Traffic Impacts:
Randall Boulevard Impacts
The first concurrency link that would be impacted by this project is Link 132, Randall
Boulevard between Immokalee Road and Everglades Boulevard. The project would
generate up to 477 PM peak hour, peak direction trips on this link, which represents a
19
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
53.00% impact. This concurrency link reflects a remaining capacity of 214 trips in the
adopted 2008 AUIR and is at Level of Service "0". Network improvements and specific
dedications have been proposed which mitigate the significant impacts on this link.
The second concurrency link on Randall that would be impacted by this project is Unk 133,
Randall Boulevard between Everglades Boulevard and Desoto Boulevard. The project
would generate up to 318 PM peak hour, peak direction trips on this link, which represents a
35,33% impact. This concurrency link reflects a remaining capacity of 214 trips in the
adopted 2008 AUIR and is at Level of Service "D". Network improvements and specific
dedications have been proposed which mitigate the significant impacts on this link.
Immokalee Road Impacts
The first concurrency link on Immokalee Road that would be impacted by this project is Link
45, Immokalee Road between Wilson Boulevard and Oil Well Road. The project would
generate up to 159 PM peak hour, peak direction trips on this link, which represents a
4.33% impact. This concurrency link reflects a remaining capacity of 1,761 trips in the
adopted 2008 AUIR and is at Level of Service "B". Network improvements and specific
dedications have been proposed which mitigate the significant impacts on this link.
The second concurrency link on Immokalee that would be impacted by this project is Link
46, Immokalee Road between Oil Well and SR-29 (in Immokalee). The project would
generate up to 40 PM peak hour, peak direction trips on this link, which represents a 4.65%
impact. This concurrency link reflects a remaining capacity of 518 trips in the adopted 2008
AUIR and is at Level of Service "C". Network improvements and specific dedications have
been proposed which mitigate the significant impacts on this link.
Traveling West on Immokalee Road, the first concurrency link that would be impacted by
this project is Unk 44, Immokalee Road between Wilson and CR-951. The project would
generate up to 124 PM peak hour, peak direction trips on this link, which represents a
3.27% impact. This concurrency link reflects a remaining capacity of 1,971 trips in the
adopted 2008 AUIR and is at Level of Service "B", Network improvements and specific
dedications have been proposed which mitigate the significant impacts on this link.
Oil Well Road Impacts
The first concurrency link on Oil Well Road that would be impacted by this project is Unk
119, Oil Well Road between Immokalee Road Everglades Boulevard. The project would
generate up to 119 PM peak hour, peak direction trips on this link, which represents a
11.78% impact. This concurrency link reflects a remaining capacity of 346 trips in the
adopted 2008 AUIR and is at Level of Service "C". This link is presently let for construction
bid and upon execution of the contract, will show additional available capacity for
concurrency purposes. To be consistent with the Transportation Element of the GMP prior
to the availability of this capacity, network improvements and specific dedications have been
proposed which mitigate the significant impacts on this link.
Everglades Boulevard Impacts
The first concurrency link on Immokalee Road that would be impacted by this project is Link
135, Everglades Boulevard between Oil Well Road and Golden Gate Boulevard. The
project would generate up to 31 PM peak hour, peak direction trips on this link, which
represents a 3.44% impact. This concurrency link reflects a remaining capacity of 563 trips
in the adopted 2008 AUIR and is at Level of Service "Cu. Network improvements and
specific dedications have been proposed which mitigate the significant impacts on this link.
20
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
The second concurrency link on Everglades Boulevard that would be impacted by this
project is Unk 136, between Oil Well and ImmokaJee Road. The project would generate up
to 40 PM peak hour, peak direction trips on this link, which represents a 4.44% impact. This
concurrency link reflects a remalning capacity of 499 trips in the adopted 2008 AUIR and is
at Level of Service "Co. Network improvements and specific dedications have been
proposed which mitigate the significant impacts on this link.
· Consistency with Policy 5.1 of the Transportation of the Growth Management Plan
(GMP):
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS)
and has determined that this project can be found consistent with Policy 5.1 of the
Transportation Element of the Growth Management Plan, if the applicant provides adequate
mitigation.
Specific mitigation has been proposed by the petitioner that will satisfy the requirements of
Policy 5.1. The developer and County staff are working on the creation of a Developers
Contribution Agreement that shall be approved prior to adoption of the Plan amendment.
Attached to this Staff Report is a summary of "business points" and the DRAFT Developers
Contribution Agreement.
Public Facilities ImDacts:
. Water and Wastewater: According to the current 2008 Water and Wastewater Master Plan
Updates, this project is not located within the Collier County Water - Sewer District
(CCWSD) Service Area and is not part of any other existing Utilities District. By 2012, the
CCWSD will include the Orangetree Area. Per the 2008 Water and Wastewater Master Plan
Updates, Orangetree will become part of the CCWSD in 2012 and potential water and sewer
demands from this area are included in these Master Plan Updates. There are an existing
36-inch water main and an existing 16-inch force main on lmmokalee Road. The water and
sewer pipelines will be used for the future North East Regional Water and Wastewater
Treatment Plants. Water and sewer services are not currently available. These pipelines
will be activated when the North East Plant is ready. Per our current 2008 AUIR, the North
East Plant project is anticipated to be constructed and in service by 2018. Collier County
Public Utilities does not guarantee a time frame for construction of its capital projects. If
adequate capacity is not available, on-site facilities may be provided to serve the needs of
the development.
Potable Water Demand - Proposed Uses: Office (25,000 sq. ft.) - 3,750 GPD; Medical
Office (50,000 sq. ft.) - 5,440 GPD; and Shopping Center (315,950 sq. ft.) - 31 ,595 GPD.
Potable Water Demand - Existing Land Use Designation: 13 Residential Units - 3,900
GPD.
The net difference in demand for potable water is 36,885 GPD.
Sanitarv Sewer Demand - Proposed Uses: Office (25,000 sq. ft.) - 3,750 GPD; Medical
Office (50,000 sq. ft.) - 5,440 GPD; and Shopping Center (315,950 sq. ft.) - 31 ,595 GPD.
Sanitarv Sewer Demand - Existing Land Use Designation: 13 Residential Units - 3,900
GPD.
The net difference in demand for sanitary sewer is 36,885 GPD.
21
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
. Solid Waste: The service provider is Collier County Solid Waste Management. The 2008
AUIR identifies that the County has sufficient landfill capacity up to the year 2031 for the
required lined cell capacity. The project's change in land use from 13 residential units (127
Ibs.lday) to 75,000 sq. ft. of office (3,250 Ibs.lday) and 315,950 sq. ft. of shopping center
uses (1 ,896Ibs.lday) would permit an increase in daily trash generation of 5,019 Ibs.lday.
. Drainage: The subject property is located in Flood Zone D. Future development will be
required to comply with the SFWMD and/or Collier County rules and regulations that assure
controlled accommodation of storm water events by both on-site and off-site improvements.
. Schools, Libraries, Parks and Recreational Facilities: The application does not propose an
increase in residential density; therefore, no additional demand for services is anticipated.
. EMS, Fire, Police and County Jail: The subject project is located within the Big Corkscrew
Island Fire Control and Rescue District. The nearest fire station is located proximate to the
subject site and sheriff substation and EMS services are located approximately two+ miles
from the site. The proposed Subdistrict is anticipated to have minimal impacts on safety
services and jail facilities.
2008 LeQislation - HB 697
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1,
2008. DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for
compliance with this legislation.
The petitioner has submitted the following data and analysis in support of the project's
compliance with the new legislation.
"One key component repeated throughout the proposed strategies for compliance with HB
697 and the reduction of Green House Gases (GHG) is the reduction of vehicle miles
traveled (VMT). VMT is identified by DCA Secretary Tom Pelham as a "key factor" in his
report titled "The Role of Local Land Use and Transportation Planning in Reducing GHG".
The proposed project will add retail, office, medical and general commercial uses in an area
of the county that has repeatedly been identified as being grossly underserved in retail
services. Unlike more urban settings where strategies of proposing higher densities may
contribute to reducing the average vehicle miles travelled, the rural residentially dominated
Estates will not allow for higher densities. As a result, the most logical and reasonable
method to reduce VMT is to locate necessary services where they are most easily
accessible to residents in the Estates.
The proposed Land Use Change will bring 390,950 square feet of commercial retail and
office space to the intersection of Randall Blvd. and Immokalee Road. With the exception of
a few small scale retail businesses in the immediate area, the nearest shopping center lies
5.5 miles to the west of the subject site and 11 miles west of the eastern edge of the
Estates. The nearest shopping center to the North lies 20 miles away in the Immokalee
community, 12 miles by road north of the Northern edge of the Estates area.
The size of the proposed project will allow for a full range of retail convenience services that
will substantially meet the needs of the surrounding community. This will result in a
reduction of VMT ranging between 5 and 10 miles each way for many basic goodS and
services.
22
CP-200a-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Secondly, the project will create jobs in a location where there are reiatively few moderate
and large scale employers outside of the Collier County Public School System. Locating
businesses in the Estates will help shift the AM and PM peak hour traffic patterns on all
County Roads in the area. While the project will create additional traffic on roads adjacent
to the subject property, its primary impact to the road system will be to reduce trip lengths for
Estates residents thereby improving capacity on these roads as well as contributing to a
reduction in GHG in accordance with HB 697."
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it would
reduce greenhouse gas emissions. Based upon the petitioner's information provided, staff is
able to conclude that the project would likely reduce vehicle trips traveled by providing
commercial and employment opportunities proximate to area residents. However, the analysis
provided was not quantified in terms of trips captured by internal and external users.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
The Neighborhood Information Meeting (NIM) was held on September 15, 2009, after the
applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land
Development Code.
Approximately 21 people attended the NIM, held at Collier County University of Florida IFAS
Extension Building, located at 14700 Immokalee Road, Naples, FL 34120.
The fol/owing is a synopsiS of the meeting:
· The County staff planner gave a brief explanation of the GMPA process, inciuding public
hearing dates, and the petitioner presented the proposed project in its entirety.
Individuals spoke about the fol/owing:
. Traffic impacts and circulation - discussion conceming site ingress and egress, signalization
of intersections, and future improvements to Randall Boulevard and ath Street NE.
· Commercial demand - requests for grocery store use, discount stores, medical offices, etc.
. Project Impacts - concerns about potential impacts to Valencia Lakes' residents (to the
north) and Estates' residents located south of the project. Petitioner mentioned that a type
"D" buffer would be provided adjacent to residential properties on southern boundary of
project.
. Water and sewer availability. Petitioner stated project would likely be on central water and
sewer; OrangeTree Utilities or Collier County Utilities.
· Project impacts - concerns about lighting, drainage, height of buildings, noises, and buffering
adjacent to residential homes.
· Project phasing schedule and schedule for Randall Boulevard widening and 8th Street NE
improvements.
The meeting began at approximately 6:00 p.m. and concluded at approximately 8:15 p.m.
[Synopsis prepared by M. Mosca, Principal Planner]
23
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
FINDINGS AND CONCLUSIONS:
. The proposed site specific commercial amendment is a departure from the residents'
established vision for Golden Gate Estates. Visioning requires public input and coordinated
efforts to locate commercial centers where appropriate, considering project impacts,
available infrastructure, growth trends, etc.
. The GGAMP limits new commercial projects in the Estates to uses generally found in the C-
1 through C-3 zoning districts of the Collier County Land Development Code, which are
intended to serve the basic shopping needs of area residents.
. Approval of the proposed Subdistrict circumvents the master planning process and limits
public involvement.
. The proposed development will most likely alter the semi-rural characteristics of the Estates
area. Additional noise, light, traffic and etc. can be expected at the site and the surrounding
area.
. The intensity and scale of the proposed project is consistent with commercial intensities
found in urban commercial centers.
. The CIGM identifies that in the project's Primary Trade Area (PTA) and the Secondary
Market Area (SMA) there will be a demand for community commercial serving uses in 2010
of about 8,714 sq. ft., increasing to approximately 195,034 sq. ft. by 2030. [It should be
noted that 225,000 sq. ft. of community commercial uses are proposed in petition GMPA-
2008-1, which includes much of the same trade area as this petition.]
. The petitioner's market analysis identified that in the PT A and SMA approximately 473,963
sq. ft. of community center commercial land uses could be supported in the area by build-
out. However, the analysis did not less out the already approved community commercial
supply of 200,000 sq. ft. on 44 acres in the Orange Blossom Ranch PUD.
. The CIGM identifies a deficit of community commercial land uses in the Estates and Rural
Settlement Area will exist in year 2010 in the amount of 63,817 sq. ft. and increase to
412,216 sq. ft. by build-out. However, this deficit does not take into account the potential
commercial sq. ft. supply in the pending Big Cypress DRI petition, located approximately 6+
miles from the project site; the development is likely to provide commercial and employment
opportunities to residents residing in the eastern areas of the Estates.
. No significant public faciiity impacts, except those related to the transportation network, are
expected to occur as a result of the approval of this amendment.
. Approval of this request to add 390,950 square feet of commercial uses at the sUbject
location may be deemed consistent with policy 5.1 of the Transportation Element of the
Growth Management Plan, if the mitigation is approved by the Board of County
Commissioners.
. The project consists of assembled properties that can accommodate community commercial
uses. Staff is aware of no other assemblage in the Estates designated lands, except for
24
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
lands contained in the GMPA petition CP-2008-1, and one proximate to the Estates, Orange
Blossom Ranch (200,000 sq. ft.).
· The project will be served by central water and sewer.
. The site has access to Randall Boulevard, a collector road that will eventually become a 4-
lane divided road.
· All development in this Subdistrict will be subject to the lighting requirements in Policy 5.1.1.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed by the County Attorney's office.
STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission
forward Petition CP-2008-2 to the Board of County Commissioners with a recommendation to
D.Q1 transmit to the Florida Department of Community Affairs.
However, should the CCPC choose to recommend transmittal, staff recommends the following
revisions to the proposed subdistrict text, mostiy to maintain consistency and harmony within
the GGAMP, for proper format, use of code language, succinctness and clarity. (Note: single
underline text is added, as proposed by petitioner; double underline text is added, double
etrille tRrSwfjl:1 text is deleted, as proposed by staff).
3. Randall Boulevard Commercial Subdistrict [Page 35]
The Randall Boulevard Commercial Subdistrict containino aODroximatelv 56.5 acre5;.. is
located on the ~uth side of Randall Boulevard and Immokalee Road (CR~846\
extendino from 8 Street NE west to the Corkscrew Canal +l:Ie I.t!ili Subdistrict is
comprised of the following properties: Tract~ 54 55 71, 72. 89. 90. 107. 108. 125. 126
and 127. Golden Gate Estates, Unit 23; QA8 the East Hili feet of Tniell! 81 ~ ~91i1eR
Cate .states, !JRit td~. ~999BAj:;MABt~eMRililW8 ~8"eI8'AuiAt fHllKlfFlRAfI 9~QFQ$leR9ti88
81 6Yrr8~RaiR8 laR~ WiSS, #:Ie Ib!i R8Rftall QSl:Ilso'ars CSRii1meFelai Subdistrict has been
designated on the Golden Gate Area Future Land Use Map iW.Q the Randall Boulevard
Commercial Subdistrict MaD. Se9 Ma~ 14 tR8 IXllilRsEllll!Jswlevar€t ~8FllFReF8i81 i:l:sIligj;triGt
Ma9. It is the intent of this Subdistrict to provide commercial aoods and services to the
surroundina area. DeveloDment intensitv in this Subdistrict shall not exceed 431 950
SQuare feet of floor area.
All develooment in this Subdistrict shall comolv with the followina reoujrements and
limitations:
1M TR9 ~ritQRil fer tRe 8M9~i8tFiot QFB 8& follo"US:
. ~ All eSAlAl9rsial development is encouraged to be in the form of a PUD.
. .t!. Projects directly abutting Estates zoned property shall provide, at a minimum, a
75-foot ~ buffer of retained native vegetation in which no parking or water
management uses are permitted; except that, when abutting conditional uses no
such buffer is required. TFa&t ili 0,",811 8r8"iils. at 8. r=RIRiR'ilwl"R. Q sQ f081 byf;fer sf
retaiRgg Relive "888tatieR iF! 'r:Riet<l A9 water maREUil9~eAt uses ElFS 89~i1t89 SA its
eQst8FR 98YAsjQP'
. k. Shared parking shall be required with adjoining developments whenever
possible.
25
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
.ll. Tract 55 shall onlv be utilized for 8101r8888& 8f native Dreservation and water
manaaement areas. The eastern boundeN of Tract 55 shall contain at a
minimum. a 50-foot wide retained native veaetation buffer
e. Develooment intensitv shall be limited to 390.950 SQuare feet of floor area of
which no more than 315950 souare teet shall be retail develooment. on Tracts
72. 89. 90. 107. 108. 125 126 127. and the west one-half of Tract 54.
Develonment intensitY shall be limited to 20.000 SQuare feet of floor area on the
east one--half of Tract 54. and 21.000 sauare feet of floor area on Tract 71
Ii b.iFRit8tiBR 8f 'Jess .Jess skat I ~8 IiFFlite8 18 ~8 fells':JiFlS:
- A wtsms8i1e &8P 'j08 .talieR;
- QQrksr &.. g98Ut'gIol8~8~
- {;SRV9Ri9A99 ~t9f88;
- gn~i ~t8f88;
- regS r18FI(st8;
- ~8r:c4'''arB atEnsS;
- bJilWRGlrxi88 i81f aSp'ja8 QAly;
- PaRtS, PwsliG Sf "riuats
- Post 9ffiS88 aRB PFsf88si8Ral Qtfi08B;
- rxlepaif it<laps Ra~ie, TH. imall f,ppliaR886 liRa aReSS;
- I=lsstawraAt8, iR81wEtiRg faet f8e" r8stal:AfeAte 8Wt Ret €Iri- '9 iR r8ot8~r9.Rt8
- iR8flpiRg CeRter, Q6 "stiReS iR tA8 ~QA9 Qev818BFR8Rt ('g{!jQ ggMsris8Et 81
weBS 98RGi&t8At ,uitt<l tt<l88B issRtifie" iA tRiG BeetieR
- \/etBRR9ry CURiee 'uitR AS Bwtah.ts ItBRR8IiAg.
L Allowable uses shall be limited to all ~ermitted and conditional uses 81111"'&11 iR of the
C-4 General Commercial. zonina district in the Collier Countv Land Develooment Code.
Ordinance No 04-41 as amended 81:1811 8188 118 811&"'811 except that the _ followino
uses shall he orohibited:
Tire Dealers. Automotive Retail (Group 5531\
Automotive Parkina (Group 7521\
Communication Services (Group 4899)
Drinkina Places (Group 5813)
Fishina Piers (GrouP7999)
Glass and Glazino work (Group 1793)
Health Services (Groups 8059-8069)
Specialty Outpatient Facilities (Group 8093)
Houseboat Rental. Lakes Operations. Partv and Pleasure Boat rental (Grouo
7999)
Larae Appliance repair service (Grouo 7623)
Marinas (oroup 4493 and 4499)
Miscellaneous Repair Services (Groups 7622-7641, 7699)
Liauor Store. unless operated bv Grocerv Retailer (GrouP 5921)
Used Merchandise Store (Group 5932)
Automatic Merchandisina Machine Ooerators (Group 5962)
Direct Sellino Establishment (Group 5963)
Escort Services. Massaae Parlors. Tattoo Parlors. Turkish Baths. Weddina
Chapels (Group 7299)
Bettina Information Services. Bath Houses. Billiard Parlors. Bookies and
Bookmakers. Cable lifts. Camival Operation. Circus Companies. Fortune Tellers.
26
CP-2008-2 Randall Boulevard Commercial Subdistrict Expansion
Agenda Item 4.B.
Go-cart racina oeeration. Off-track bettina. Pine Pone Parlors. Rodeo Animal
Rentals. Rodeos. Shootine Ranaes. Traeshootina Facilities (Groue 7999\
Parole offices. Probation offices. Public welfare centers. refuaee services.
settlement houses (Groue 8322\
Tow-in earkina lots (Groues 7514.7515.7521)
Animal Soecialtv Services (Groue 0752\
~ ~it8 ~9oigR BAS areliiliti9twral tnuHAC18Rte:
- All or 88R 9f THl9t8 i1 71 JQ iQ. gQ. 19~. 199. 1~i. 1Qi fiRS 127' 8~RII at time
81 J:9RiRQ 8r8"i~8 iAfermati9A BREI 8SAB88twal ea8ieR mfHeriale iR~i88tiFUI t~8 swle
BAS BBReTel arelotits8twF81 ElsBi8R 91 Bl!lIilEliR88.
- 1=~8 teays 8f 8r989988 t;tsei8A 819"'8""16 et<1alt 88 18 88liWre IRS Fwrsl Flatwre 8f IRS
8WrF8YRE:tiA8 BF88 iR tAB featwF86 aAg sssi9A 81 the 8F8ie&l! uofii1ere liF'a9ti88.Bh:
8988ible.
g., No furthAr develQoment shall be allowed in this Subdistrict until the Bin Corkscrew
Island Fire Station and Florida Division of Forestrv fire tower uses are oermanentlv
discontinued.
h.. folaceholder for Transoortation mitiaation renuiremAntsl
27
, NCIPAL PLANNER
LANNING DEPARTMENT
REVIEWED BY:
~~W.J
DAVID WEEKS, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
VlU
RANDALL COHEN, AICP, DIRECTOR
COMPREHENSIVE PLANNING DEPARTMENT
APPROVED BY:
JO E H K. SCHMITT, ADMINISTRATOR
C UNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
Petition No: CP-2008-2
Staff Report for the October 19, 2009 CCPC Meeting
DATE: 15. ,0 '1
DATE:
1-:30-01
Agenda Item 4_8.
DATE:
q-Jo- 0 /
DATE:
"1/44 j,.f
Note: This petition has been scheduled for the January 19, 2009, BCC Meeting.
28
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OA,G1l311100
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
Co~r_ Coun:t.y
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: OCTOBER 19, 2009
RE: PETITION NO. CP-2008-4; RURAL FRINGE MIXED USE DISTRICT
SENDING LANDS RE.DESIGNATION TO NEUTRAL LANDS
GROWTH MANAGEMENT PLAN AMENDMENT
[TRANSMITTAL HEARING]
Coordinator; Corby Schmidt, AICP, Principal Planner
AGENT/APPLICANT/OWNER:
Agent: Dwight Nadeau, of RWA, Inc.
6610 Willow Park Drive
Naples, Florida 34109
Applicants and Owners;
John and Teresa Fillmore, of Fillmore, LLC
2250 Washburn Avenue
Naples, Florida 34117
GEOGRAPHIC LOCATION:
The subject property contains 28.7 acres located south and east of Washburn Avenue, and east of
the Naples Landfill. The property has approximately 1,029 feet of frontage on an east-west segment
of Washburn Avenue and approximately 1,217 feet of frontage on a meandering, north-south segment
of Washburn Avenue. The property lies within the Rural Estates Planning Community, in Section 31,
Township 49 South, Range 27 East, Collier County, Florida. (See aerial and zoning maps below)
-1-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda item 4H
A
_.-
129
- A
"- ~ A
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130
REQUESTED ACTION:
This petition requests amendment to the Future land Use Element. Future land Use Map and Map
Series (FlUElFlUM), particularly the North Belle Meade Overlay Map, of the Collier County Growth
Management Plan to re-<lesignate the subject property from Rural Fringe Mixed Use District Sending
lands to Neutral lands. Changes to FLUE are proposed for Overlays and Special Features
provisions, as follows:
V. OVERLAYS AND SPECIAL FEATURES
B. North Belle Meade Overlay
[page 94]
4. SENDING AREAS
Within the NBM Overlay are :I: 4;e98 4.569 acres of land that are identified as Sending Areas for
the transfer of development rights that are located in the western, eastern and southern portion of
the study area. The Sending Areas consist of the NRPA lands and :1:5 and % sections west of the
NRPA. The sending areas are locations where residential development is discouraged.
Endangered and threatened species are located within the Sending Areas, including colonies of
Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species
including the protection of habitat are primary planning considerations in this area.
5. NEUTRAL LANDS
Within the NBM Overlay there are :I: ~ 1.309 acres of land that are identified as Neutral
Areas. The Neutral Areas consist of two Y:Z sections located at the northeast corner of this
Overlay aM. Section 24 located in the northwest portion of this Overlay. and approximatelv 29
acres located in Section 31. The preservation standards for Neutral lands shall be those
contained in CCME Policy 6.1.2 for Neutral lands. The County has performed an RCW study for
Section 24 and, if the results of the study warrant, the Plan will be amended.
- 2-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
[Note: The proposed text change shows the petitioner's proposed amendments in single strike-
through/underline format, while current Growth Management Plan language appears in plain text; this
text is reflected in the Resolution Exhibit A.]
BACKGROUND AND PROJECT DESCRIPTION:
The following summary provides background information on the "Rural Fringe Mixed Use District".
Originally adopted on June 19, 2002, primarily for the Rural Fringe Mixed Use Area of the County,
an area generally located between the coastal Urban area and Golden Gate Estates. Due to legal
. challenges, the original amendments did not become effective until the Florida Department of
Community Affairs issued its Final Order on July 22, 2003. [For reference, the most recent
Conditional Use for the subject property was approved June 11, 2002, preceding the creation of
the RFMUD.] The RFMUD states, in part:
"The Rural Fringe Mixed Use District provides a transition between the Urban and Estates
Designated lands and between the Urban and Agricultural/Rural and Conservation designated
lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach,
including both regulations and incentives, to protect natural resources and private property
rights, providing for large areas of open space, and allowing, in designated areas, appropriate
types, density and intensity of development. The Rural Fringe Mixed Use District allows for a
mixture of urban and rural levels of service, including limited extension of central water and
sewer, schools, recreational facilities, commercial uses and essential services deemed
necessary to serve the residents of the District. In order to preserve existing natural
resources, including habitat for listed species, to retain a rural, pastoral, or park-like
appearance from the major public rights-of-way within this area, and to protect private
property rights, the following innovative planning and development techniques are required
and/or encouraged within the District.
1. Transfer of Development Rights (TOR), and Sending, Neutral, and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost value
and development potential through an economically viable process of transferring such
rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential
density may be transferred from lands designated as Sending lands to lands designated
as Receiving lands on the Future land Use Map, subject to the provisions below.
Residential density may not be transferred either from or into areas designated as Neutral
lands through the TDR process."
Receiving lands are areas of lesser environmental value; accordingly, they have the least
restrictive protection standards and broadest list of permitted uses. Residential density is allowed
at 1 DU/5 acres; for parcels ~40 acres, this density may be increased via TDRs to a maximum of
1 DUlacre.
-3-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
Neutral Lands have an intermediate level of environmental protection standards. Permitted uses
are virtually the same as prior to the June 22, 1999 Final Order. Residential density is allowed at
1 Dut5 acres. These lands are "neutral" to the TDR program - they are not eligible to send or
receive dwelling unit rights. For parcels ~40 acres, clustering is allowed.
Sending Lands are areas of higher environmental vaiue; accordingly, they have more restrictive
protection standards and a more restrictive list of permitted uses. Residential density is limited to
1 Dut40 acres, or pre-existing parcel size of <40 acres if created prior to 6/22199. Residential
density may be transferred at a ratio of 1 DU/5 acres, or pre-existing parcel size of <5 acres if
created prior to 6/22/99 and lawfully existing; however, additional density may be transferred via
density Bonus provisions. Once development rights have been transferred (TDRs used),
allowable land uses are further restricted - agricultural uses are allowed to continue but cannot be
intensified.
Exceptions to the above density limitations include: (a) Density Blending: allows some larger
properties that straddle the Urban boundary - that is, partially within the RFMUD and partially
within the Urban area - to shift their allowable density to the RFMUD so as to protect
environmentally sensitive lands in the Urban area; and, (b) Rural Villages: depending upon
location, allows a density of between 2 and 3 DutA, with requirement to use TDRs. For Rural
Villages: commercial, recreational and institutional uses are allowed and required; depending
upon location, a greenbelt is required around the perimeter; depending upon location, the size is
limited to between 300 and 2,500 acres; and, a public facilities impact analysis is required.
During the Rurai Fringe public hearings in 2002, many owners of proposed (and now-designated)
Sending Lands asserted their property had been previously cleared or otherwise did not warrant the
Sending Lands designation. Recognizing this possibility - it was made well-known that the
designations were based upon landscape scale analysis, but also that allowing Receiving or Neutral
Lands designations to be surrounded by Sending Lands designations (Swiss cheese concept - holes
of Receiving or Neutral Lands within Sending Lands) was not acceptable, the BCC included a GMP
provision giving a one year window in which owners of Sending Lands property that share a boundary
with either Receiving Lands or Neutral Lands could submit data and analysis in an effort to
demonstrate that, as of the date of adoption of the RFMUD (June 19, 2002), the Sending Lands
designation was not warranted. In addition, staff would re-evaluate the data used in 2002 (panther
telemetry data, red-cockaded woodpecker nesting and foraging habitat data, land cover classification
data, etc.) to determine the boundaries of Sending Lands. Please see the GMP provision below.
Future Land Use Element (FLUE\. RFMUD Sendina Lands
11. Adjustment to the Sending Lands Boundaries. For all properties designated Sending
Lands where such property is contiguous to a Sending Land/Neutral Land boundary or
Sending Land/Receiving Land boundary, the County will provide written notice to the property
owners to advise [them] of the opportunity to submit additional data and analysis to the
County in an attempt to demonstrate a change to the boundary is warranted. Said written
notice will be provided within three months of the effective date of these Rural Fringe
amendments. Within one year from the date these notices are sent, the County will initiate a
Growth Management Plan amendment to consider boundary changes, based upon the data
and analysis, as may be warranted. Under the following conditions, adjustments may be
proposed to Sending Land boundaries:
-4-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending lands
Agenda Item 4H
a) The property is contiguous to Neutral or Receiving lands;
b) Site specific environmental data submitted by the property owner, or other data obtained
by the County, indicates that the subject property does not contain characteristics
warranting a Sending designation;
c) An adjustment to the Sending land boundary requires an amendment to the Future land
Use Map.
Staff received 12 re-designation requests, corresponding to 90 parcels comprising almost 1,900
acres; the BCC ultimately re-designated 12 parcels comprising 203 acres. The subject property was
not submitted and would not have qualified - it does not abut Neutral Lands or Receiving Lands.
This application seeks to amend the Future Land Use Map (FLUM) and the North Belle Meade
Overlay Map of the FLUE Map Series, to re-designate RFMUD Sending Lands to Neutral Lands.
This pair of map changes would allow RFMUD Neutral Lands uses on the subject property -
specifically, to expand existing operations for the mulching and recycling of horticultural waste to add
the collection, transfer, processing and reduction of solid waste, mainly construction and demolition
materials.
Other allowed Neutral Lands uses include: agriculture, single-family residences at a 1 dwelling unit
per 5 acre density, and multi-family structures; group housing units; non-residential uses allowed in
Sending Lands, plus other park and recreation facilities, sports instructional schools, earthmining,
public and private schools and community facilities, golf courses and driving ranges, zoos, aquariums
and botanical gardens. Although application materials indicate intent to develop the site further as a
facility for the collection, transfer, processing and reduction of solid waste - of both horticultural and
non-horticultural materials - once the re-designation occurs, the site will be eligible for any use
allowed in the Neutral Lands designation.
SURROUNDING LAND USE. ZONING, AND FUTURE LAND USE DESIGNATION:
Subiect Site:
Application materials describe the site as "partially cleared and improved" with "existing mulching and
recycling facilities". The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use
(RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is
approved with a Conditional Use allowing for the "Mulching and Recycling Facility". County records
indicate zoning activity as early as 1991, when a Provisional Use for a "Sawmill" was granted, plus a
series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural
Recycling)" use was approved.
The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use
District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO).
The present RFMUD Sending Lands designation allows participation in the Transfer of Development
Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat
preservation and conservation, single-family residences at a 1 dwelling unit per 40 acres or legally
nonconforming parcel density, non-residential uses (e.g. passive recreation, essential services, sports
and recreation camps, oil and gas exploration, development and production), and limited accessory
commercial uses.
-5-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
Surroundina Lands:
N - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands
[zoning] Overlay, and within the North Belle Meade [zoning] Overlay;
EXISTING LAND USE: Across Washburn Avenue, is a single-family residence, nursery
operation and a truck barn;
FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use
District (RFMUD) Sending Lands, North Belle Meade Overlay.
S - ZONING: A, Rural Agricultural within the Rural Fringe Mixed Use (RFMU) Sending Lands
[zoning] Overlay;
EXISTING LAND USE: Across a main east-west canal and 1-75, is undeveloped land; The
Picayune Strand State Forest surrounds the undeveloped parcel located directly south;
FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use
District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA)
Overlay.
E - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands
[zoning] Overlay, and within the North Belle Meade [zoning] Overlay;
EXISTING LAND USE: a single-family residence and undeveloped land;
FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use
District (RFMUD) Sending Lands, North Belle Meade Overlay.
W - ZONING: A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending Lands
[zoning] Overlay, and within the North Belle Meade [zoning] Overlay;
EXISTING LAND USE: Across Washburn Avenue, is a telecommunications tower on a vacant
lot and a preserve area;
FLUM DESIGNATION: The current Future Land Use Designation is Rural Fringe Mixed Use
District (RFMUD) Sending Lands, North Belle Meade Overlay.
In summary, the existing land uses in the area immediately surrounding or directly opposite the
subject property are primarily rural-type residential and non-residential in nature. The present FLUM
designation would allow the same Sending Lands uses in this area as on the subject property, except
where restricted further by NRPA standards.
-6-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
STAFF ANALYSIS:
Please refer to the document titled "Standard Language for GMPA Staff Reports. located behind the
"GMPA Standard Language" tab. This document addresses some items common to all petitions in
this Cycle - statutory data and analysis, the GMP vision, and HB 697 - and one item common to the
six petitions seeking amendments to the GGAMP.
EnvironmentallmDacts:
Multiple environmental reports, with the most-recent dated May 1, 2009, were prepared by Ramsey
Inc. Environmental Consulting and submitted with this petition to support the proposed RFMUD re-
designation from Sending Lands to Neutral Lands. Submittal materials verify the existence of wetland
areas, native vegetation, previous clearing, and business activities on the subject property, as
excerpted below:
. The "Conclusions" section of the Ramsey Protected Soecies Wildlife Survev Reoort - Sorina
2009 provides a summary of data reported, and concludes with an analysis stating, in part,
"Implementation of the preserve area, enhancement and rehydration of it will increase wildlife
utilization and habitat quality on the property, especially for wetland oriented species; and
provide a permanent flow way for the natural flow of water from the north".
. The "Overlays" subsection of the Ramsey Re-Desianation Evaluation of FillmoreNahl
Mulchina Proiect from RFMUD Sendina to Neutral Lands - GMP Amendment CP-2008-4
provides a listing of decisions and reasoning leading to a conclusion that, "The (subject
property) does not exemplify the characteristics listed for Sending Lands. However, it does
better fit the Neutral Lands definition". The "Conclusion" subsection of the same Evaluation
provides a collection of "accurate site specific data" for the subject property, and concludes, in
part, "the most accurate land classification based on the RFMUD guidelines is Neutral".
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the environmental reports and provided the following comments:
The Subject property has been partially cleared and utilized for mulching and horticultural
recycling activities prior to the adoption of Rural Fringe Mixed Use District regulations.
The original Rural Fringe Mixed Use District designations were based upon landscape scale
analysis. Since then, proposals for re-designation have relied on site-specific environmental
findings in order to demonstrate different property characteristics.
Data and analysis is provided in an effort to demonstrate that the Sending Lands designation is
not supported. Data reveals there is habitat conducive to use by some listed species on the site
and, the site is within the ranges for panther and bear. Wetlands are also present. Data indicates
listed species are not utilizing the site - based on surveys conducted. The listed species survey
conducted on site concluded that there were no listed species found foraging or nesting, and
there were no signs of gopher tortoises, red cockaded woodpeckers, big cypress fox squirrels,
Florida panther or Florida black bear. Non-listed species observed include 16 bird species, 3
mammals and 1 reptile. Listed species could still be utilizing the property but have not been
documented through surveys.
- 7-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
The project site includes single-family homes; timber processing business with associated roads;
cypress; and pine/cypress/cabbage palm habitats with varying degrees of impacts from the
existing business and an old borrow pit site. The soils found on site are listed as Boca fine sand;
Oldsmar fine sand, on limestone substratum; Rivera fine sand, on limestone substratum; and
Holopaw fine sand, on limestone substratum.
The site has been used for over a decade for mulching and recycling vegetative material. There
is an approximately 12-acre native vegetation preserve on the site. The site was in use before the
adoption of the Rural Fringe Mixed Use District regulations and can continue the current use as
approved by Conditional Use 02-263 (as amended). The current 12-acre preserve is
approximately 3 times larger than the requirement for Industrial/Commercial sites in the Urban
Designated Area, which is 15% of the native vegetation present before development occurs.
Policy 6.1.6 exempts this project from Rural Fringe native vegetation retention requirements as
long as the existing use is continued. Since application materiais are proposing a new use of the
property, the Rural Fringe native vegetation requirements will apply. If the site is changed from
Sending to Neutral, Policy 6.1.2 requires "A minimum of 60% of the native vegetation present, not
to exceed 45% of the total site area shall be preserved. ,,". This percentage will be applied to any
remaining vegetation outside the existing conservation easement, if any, and will be calculated at
the time of the next Conditional Use review. The current, approximately 12 acre preserve shall be
maintained under existing conservation easement limitations. Due to the sites proximity to the
perimeter of the Rural Fringe boundary and the current state of the property, the change of this
site from Sending Lands to Neutral Lands to accommodate the proposed new use will not have a
significant impact on the remaining Sending Lands since the current use of the site pre-dates the
Rural Fringe Sending Land regulations, and the new use will result in approximately one acre of
additional native vegetation preserve.
In summary, the proposed re-designation from Rural Fringe Sending to Neutral Lands has been
accompanied by data and analysis that supports the re-designation. This proposal does not result in
protection of an area of higher environmental value, but in the recognition and utilization of lands
having an intermediate level of environmental value.
Traffic CaDacitv/Traffic Circulation Impact Analvsis. Includina Transportation Element
Consistency Determination:
Capital Improvement Element (CIE) Policy 1.2 sets forth that the County Commission shall not
approve any petition or application that would directly access, or significantly impact, a deficient
roadway segment. This language is mirrored in Policy 5.1 of the Transportation Element (TE). CIE
Policy 1.2 states, "Significant impact is hereby defined... as generating potential for increased
countywide population greater than 2% of the population projections for parks, solid waste, potable
water, sanitary sewer, and drainage facilities, or as generating a volume of traffic equal to or greater
than 2% of the adopted LOS standard service volume of an impacted roadway." TE Policy 5.1
provides for same, and allows certain petitions and applications to be approved with "specific
mitigating stipulations".
A Traffic Impact Statement (TIS), dated May, 2009, was prepared by Omega Consulting Group and
submitted with this petition, including the analyses typically prOVided in a Growth Management Plan
amendment application.
- 8-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
The TIS concludes that the roadway links analyzed, as part of the analysis, will not be significantly or
adversely impacted by the resultant change to the Growth Management Plan. The Level of Service
will remain above the adopted Level of Service threshold for the roadway links analyzed.
The Collier County Transportation Planning staff has concurred with the assessments put forth within
the associated TIS, and provides the fOllowing remarks:
Transoortation Element:
Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has
detennined that this project can be found consistent with Policy 5.1 of the Transportation Element of
the Growth Management Plan.
White Lake Boulevard Imoacts:
The first roadway link that would be impacted by this project is White Lake Boulevard, which connects
to Collier Boulevard (CR 951) north of 1-75. The project would generate up to 36 PM peak hour,
directional trips on this link, which represents a 5.0% impact. This is not yet an adopted concurrency
link, so remaining capacity is not measured in the adopted 2008 AUIR.
White Lake Boulevard is included in the 2030 LRTP, demonstrating a 2-lane connection to Wilson
Boulevard.
CR 951 Imoacts:
The first concurrency link that would be impacted by this project is Link 32.2, Collier Boulevard
between Golden Gate Parkway and 1-75. Without consideration for project interaction with the County
Landfill, the project would generate up to 18 PM peak hour, peak direction trips on this link, which
represents a 0.73% impact. This concurrency link reflects a remaining capacity of 449 trips in the
adopted 2008 AUIR and is at Level of Service "D.. With consideration for project interaction with the
Landfill, the impact to Collier Boulevard would be 9 PM peak hour trips - an impact of 0.37%.
No subsequent links of Collier Boulevard require analysis beyond the first impact.
Furthennore, Collier Boulevard is included in the 5-Year CIE with improvements shown to be planned
in FY 2010. Design plans currently (as of September, 2009) indicate a widened portion of Collier
Boulevard between the Golden Gate Main Canal and Davis Boulevard, covering portions of two
separate concurrency segments.
Lona Ranae Transoortatlon Plan:
The 'Needs' and 'Financially Feasib/e' maps found in the County's adopted Long Range
Transportation Plan (LRTP) [Maps 10-2 and 12-1, respectively], indicate s the southerly properly
boundary coincides with the current boundary recommended by the County's consultant perfonning
the Wilson/Benfield Corridor Study. To be consistent with these Corridor plans, Transportation
Planners recommend that 130 ft. be reserved along the southerly property boundary for future road
right-of-way.
Recommended Condition:
This project reserve 130 ft. along the southerly properly boundary for future road right-of-way
coinciding with the current boundary recommended by the Wilson/Benfield Corridor Study at such
time that zoning action is undertaken to allow the proposed land use(s).
-9-
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
Public Facilities ImDacts:
The petitioner prepared Public Facilities calculations, which were submitted with this application. For
water and sewer, the proposed solid waste collection, transfer, processing and reduction operation
will demand 375 gallons per day - not considered to be a significant impact. However, for some
public facilities, such as park facilities, the impacts will be lessened since this is not a residential
project. Utilizing the level of service standards identified in the CIE, the proposed uses will not result
in a significant impact on Category A public facilities.
Facilities review specialists with the Collier County Public Utilities Services reviewed the calculations
and provided the following:
Water and Wastewater Review Comments:
Based on the current 2008 Water and Wastewater Master Plan Updates, this project is not located
within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other
existing Utilities District. There are no connections or extensions of the existing water and sewer
utilities proposed, therefore. this project does not impact the CCWSD.
Solid Waste Review Comments:
The Collier County Public Utilities Solid Waste Department supports the further development of
private vendors that will help to receive and manage more of the county's waste stream. The existing
mulching recycling facility and the Collier County Landfill are adjacent, and this GMPA application will
allow this project to provide additional recycling operations that will support receiving, crushing,
sorting, and storing of construction & demolition materials. If the proposed GMP amendment is
approved, applicant plans to submit a conditional use application to expand operations to include
collection of construction and demolition materials. As such, Solid Waste staff and applicant and his
agents met on August 18, 2009 to discuss future uses on the property. Solid Waste staff desires to
ensure that the property is in compliance with all existing iocal, state and federal regulations and in
harmony with existing practices at the landfill. Therefore, at the meeting Solid Waste staff raised
concerns related to odor, noise, health and safety, fire safety, traffic, and hurricane preparation. It was
agreed that applicant will provide information to address these concerns in the conditional use
application subject to Solid Waste staff's further review.
Historical and ArchaeoloaicallmDacts:
Historic or archaeological resources have not been identified as present on the subject property,
based on a review of the Collier County Index of Historic/Archaeological Maps, and the site is not
identified on County Historical and Archaeological Probability Maps.
2008 leaislation - HB 697:
This legislation, which pertains to energy conservation and efficiency, went into effect on July 1, 2008.
DCA (Florida Department of Community Affairs) will be reviewing GMP amendments for compliance
with this legislation.
Staff has reviewed this petition for adequacy of data and analysis to demonstrate how it discourages
urban sprawl and reduces greenhouse gas emissions. The petitioner has not submitted a response,
data or analysis regarding this legislation.
-10-
CP-2008-4, Fillmore Re-Designalion of RFMUD Sending lands
Agenda Item 4H
Appropriateness of Chanae:
The practicality of the application's proposed Subdistrict was established through an evaluation of
environmental characteristics predominantly, and other relevant factors, to ascertain insufficient need
for retaining the Sending lands designation and the appropriateness of the Neutral lands designation.
Re-designation of this site will have a negligible impact of the Transfer of Development Rights
program given the small size of the site (28.7 acres) as well as the amount of site clearing that has
already occurred. It's location on the periphery of Sending lands does not raise concerns that an
isolated designation is being created. Protection of environmentally sensitive portions of the site will
be addressed at the time of the next development order review, and there is an existing cOnservation
easement.
NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS:
A Neighborhood Information Meeting (NIM) required by lDC Section 10.03.05 F was [duly advertised,
noticed and] held on Wednesday, July 29, 2009, 5:30 p.m. at the Comfort Inn & Suites, located at
3860 Tollgate Boulevard, Naples. Approximately eight persons other than the applicant's team and
County staff attended, and heard the following information:
The applicant's agent provided a full description of the proposed amendment to the group, including
the GMPA process, the Rural Fringe Mixed Used designation the TDR program, and the subsequent
Conditional Use process.
The presentation indicated that preserve areas already exist on the site, and they would not change
as a result of expanded operations. No listed species are found on the site, and there will be no
public facilities' impacts.
The present and proposed uses were described, particularly the collection, transfer, processing and
reduction of solid waste, mainly construction and demolition materials. Improvements accompanying
the expansion would include construction of a new building and the addition of up to 10 new
employees.
Questions generated during the subsequent discussion focused on the nature of the proposed
construction and demolition recycling activities, truck traffic and localized road conditions. No one in
attendance expressed opposition to the project. The meeting was completed by 5:50 p.m.
{Synopsis prepared by C. Schmidt, AICp' Principal Planner]
FINDINGS AND CONLUSIONS:
The following findings and conclusions result from the reviews and analyses of this request:
1. Original RFMUD designations were based upon landscape scale analysis. Since then,
proposals for re-designation have relied on site-specific environmental findings in order to
demonstrate different properly characteristics. The application provides data and analysis that
the subject properly's specific environmental condition supports the re-designation.
- 11 -
CP-2008-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
2. This property will be subject to all GMP requirements and limitations of the Neutral Lands
designation, including the native vegetation preservation/retention requirements of the
Conservation & Coastal Management Element (CCME). These requirements will be
calculated at the time of Conditional Use review.
3. Impact upon the TDR program is negligible.
4. The southerly property boundary coincides with the current boundary recommended by the
Wilson/Benfield Corridor Study for future road right-of-way, in accordance with the County's
long Range Transportation Plan (lRTP). This property is recommended to be reserved for
right-of-way at the time of Conditional Use review.
5. Subsequent zoning activity must include a request to modify ("rezone") the RFMU Overlay,
changing the RFMU Overlay - Sending lands - NBM Overlay designation of the subject
property to RFMU Overlay - Neutral lands - NBM Overlay. This request may precede, but
can be concurrent with, the Conditional Use application.
ENVIRONMENTAL ADVISORY COUNCil RECOMMENDATION:
The Environmental Advisory Council (EAC) heard the proposed amendment at their September 2,
2009 hearing.
EAC members concurred that the presented data and analysis demonstrates the subject site does not
warrant RFMUD Sending lands designation.
Members discussed the proposed collection, transfer, processing and reduction of solid waste land
use, and reminded attendees that if granted, the re-designation would also allow other Neutral lands
uses - those most similar to the Agricultural-Residential use allowed before the Rural Fringe Mixed
Use District was established.
Members also discussed how subsequent zoning activity will include both a request to modify
("rezone") the RFMU Overlay, changing the RFMU Overlay - Sending lands - NBM Overlay
designation to the Neutral lands - NBM Overlay - along with a Conditional Use application. Native
vegetation preservation requirements will be specifically addressed at the time that zoning action
(CU, SDP) is undertaken.
EAC members recognized that no objections were raised by NIM attendees. The EAC recommended
to the Planning Commission and the Board of County Commissioners to transmit CP-2008-4 to the
DCA on a 5-0 vote.
LEGAL CONSIDERATIONS:
This Staff Report has been reviewed and approved by the Office of the County Attorney. [HAC]
-12-
CP-200S-4, Fillmore Re-Designation of RFMUD Sending Lands
Agenda Item 4H
STAFF RECOMMENDATION:
Based on the reviews and analyses provided within this Report, staff recommends that the Collier
County Planning Commission forward Petition CP-200B-4 to the Board of County Commissioners with
a recommendation to transmit to the Florida Department of Community Affairs, as written in the
Requested Action section above, and in the accompanying Exhibit A.
In addition to the above FLUE language, staff recommends the following stipulation, which is not
intended to be made part of the GMP:
. One hundred thirty (130) feet be reserved along the southerly property boundary for future
road right-of-way at such time that zoning action is undertaken to allow the proposed land
uses.
PREPARED BY:
Corby L. Schmidt. AICP, Prine pal Planner
Comprehensive Planning Dep rtment
DATE:
Q, 'l
REVIEWED BY: ,')J.-~/) LJ .-A--..
David C. Weeks, AICP, Manager
~P__i~PI~~
REVIEWED BY: t:L--
Randy J. Cohen, AICP, Director
Comprehensive Planning Department
APPROVED BY: .C... - K ~
Joseph K. Schmitt, ,ll(drklinistrator .
Community Develqprrlent and Environmental Services Division
U
DATE:
1)7'//'1
DATE:
C{~2r~OJ
DATE:
f4fr }'
Petition No: CP-200B-4
Staff Report for the October 19, 2009 CCPC Meeting
NOTE: This petition has been scheduled for January 19, 2010, BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
Mark P. Strain, Chairman
- 13-
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~ 11
EAC Meeting: 2 September 09
ItemVI.A
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF September 2. 2009
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
CP-2008-4
RFMUD Sending Lands to Neutral Lands Re-Designation Request
(Growth Management Plan Amendment) [Transmittal hearing]
John and Teresa Fillmore, of Fillmore, LLC
a.k.a. Fillmore Recycling, or, Yahl Mulching and Recycling
Petitioners:
The subject property consists of 28.7 acres located south and east of Washburn Avenue, and east of
the Naples Landfill. The property lies within the Rural Estates Planning Community, in Section 31,
Township 49 South, Range 27 East, Collier County, Florida.
II. DESCRIPTION OF SURROUNDING PROPERTIES:
Subiect Site:
Application materials describe the site as "partially cleared and improved" with "existing mulching and
recycling facilities". The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use
(RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is
approved with a Conditional Use allowing for the "Mulching and Recycling Facility". County records
indicate zoning activity as early as 1991, when a Provisional Use for a "Sawmill" was granted, plus a
series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural
Recycling)" use was approved.
The site also serves as a facility engaging in the handling and recycling of non-horticultural waste -
with concrete and reinforced concrete demolition materials most evident - which is not a use allowed
by the present (or an earlier) Conditional Use.
The Future Land Use Map designates the parcel Rural Fringe Mixed Use District (RFMUD) Sending
Lands, North Belle Meade Overlay (NBMO).
The present RFMUD Sending Lands designation would allow: participation in the Transfer of
Development Rights (TDR) program; agricultural uses consistent with the Florida Right to Farm Act;
habitat preservation and conservation; single-family residences at a 1 dwelling unit per 40 acres or
legally nonconforming parcel density; non-residential uses (e.g. passive recreation, essential
services, sports and recreation camps, oil and gas exploration, development and production); and
limited accessory commercial uses.
- 1 -
EAC Meeting: 2 September 09
SurroundinQ lands:
North: Across Washburn Avenue, is a single-family residence, nursery operation and a 'truck barn,
zoned A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending lands [zoning]
Overlay, and within the North Belle Meade [zoning] Overlay. The current Future land Use
Designation is Rural Fringe Mixed Use District (RFMUD) Sending lands, North Belle Meade Overlay.
West: Across Washburn Avenue, is a telecommunications tower on a vacant lot and a preserve area,
zoned A, Rural Agricultural, within the Rural Fringe Mixed Use (RFMU) Sending lands [zoning]
Overlay, and within the North Belle Meade [zoning] Overlay. The current Future land Use
Designation is Rural Fringe Mixed Use District (RFMUD) Sending lands, North Belle Meade Overlay.
East: a single-family residence and undeveloped land zoned A, Rural Agricultural, within the Rural
Fringe Mixed Use (RFMU) Sending lands [zoning] Overlay, and within the North Belle Meade
[zoning] Overlay. The current Future land Use Designation is Rural Fringe Mixed Use District
(RFMUD) Sending lands, North Belle Meade Overlay.
South: Across a main east-west canal and 1-75, is undeveloped land zoned A, Rural Agricultural
within the Rural Fringe Mixed Use (RFMU) Sending lands [zoning] Overlay. The Picayune Strand
State Forest surrounds the undeveloped parcel located directly south. The current Future land Use
Designation is Rural Fringe Mixed Use District (RFMUD) Sending lands, Belle Meade Natural
Resource Protection Area (NRPA) Overlay.
In summary, the existing land uses in the area immediately surrounding or directly opposite the
subject property are primarily rural-type residential and non-residential in nature. The present FlUM
designation would allow the same Sending lands uses in this area as on the subject property, except
where restricted further by NRPA standards.
III. PROJECT DESCRIPTION:
This petition seeks to amend the Future land Use Map (FlUM) and the North Belle Meade Overlay
Map of the FLUE Map Series, to re-designate RFMUD Sending lands to Neutral lands. This pair of
map changes effectually results with allowing RFMUD Neutral lands uses on the SUbject property -
specifically, to expand existing operations for the mulching and recycling of horticultural waste to
add/make conforming the collection, transfer, processing and reduction of solid waste, mainly
construction and demolition materials. Other allowed Neutral lands uses include: agriculture; single-
family residences at a 1 dwelling unit per 5 acre density, and multi-family structures; group housing
units; non-residential uses allowed in Sending Lands, plus other park and recreation facilities, sports
instructional schools, earthmining, public schools and community facilities; and, limited commercial
uses (e.g. golf courses and driving ranges; and, zoos, aquariums and botanical gardens). Although
the applicant indicates lintent to develop the site further as a facility for the collection, transfer,
processing and reduction of solid waste - of both horticultural and non-horticultural materials - once
the re-designation occurs, the site will be eligible for any use allowed in the Neutral Lands
designation.
-2-
EAC Meeting: 2 September 09
Staff points out the proposed map changes need to be accompanied by text changes to the Overlavs
and Soecial Features section of the FLUE- specifically the Sending Lands and Neutral Lands
portions of the North Belle Meade Overlay provisions. Re-calculating the acreage figures given for
the areas comprising Sending Lands and Neutral Lands, and re-describing the general locations and
sections including Sending Lands and Neutral Lands is necessary.
IV. GROWTH MANAGEMENT PLAN CONSISTENCY:
Backaround and Considerations:
The following is a summary of the background of the "Rural Fringe Mixed Use District"
Originally adopted on June 19, 2002, for the Rural Fringe area of the County, an area generally
located between the coastal Urban area and Golden Gate Estates. Due to legal challenges, the
original amendments did not become effective until the Florida Department of Community Affairs
issued its Final Order on July 22, 2003. [For reference, the most recent Conditional Use for the
subject property was approved June 11, 2002, preceding the creation of the RFMUD.]
GMP Future Land Use Element (FLUE) provisions for the Rural Fringe Mixed Use District, in part,
read as follows:
The Rural Fringe Mixed Use Districl provides a transition between the Urban and Estates
Designated lands and between the Urban and Agricultural/Rural and Conservation
designated lands farther to the east. The Rural Fringe Mixed Use District employs a
balanced approach, including both regulations and incentives, to protect natural resources
and private property rights, providing for large areas of open space, and allowing, in
designated areas, appropriate types, density and intensity of development. The Rural
Fringe Mixed Use District allows for a mixture of urban and rural levels of service,
including limited extension of central water and sewer, schools, recreational facilities,
commercial uses and essential services deemed necessary to serve the residents of the
District. In order to preserve existing natural resources, including habitat for listed
species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-
way within this area, and to protect private property rights, the following innovative
planning and development techniques are required and/or encouraged within the District.
Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost
value and development potential through an economically viable process of transferring
such rights to other more suitable lands. Within the Rural Fringe Mixed Use District,
residential density may be transferred from lands designated as Sending Lands to lands
designated as Receiving Lands on the Future Land Use Map, subject to the provisions
below. Residential density may not be transferred either from or into areas designated as
Neutral Lands through the TDR process.
-3-
EAC Meeting: 2 September 09
Receiving Lands are areas of lesser environmental value; accordingly, they have the least
restrictive protection standards and broadest list of permitted uses. Residential density is
allowed at 1 DU/5 acres; for parcels ~40 acres, this density may be increased via TDRs to
a maximum of 1 DU/acre.
Neutral Lands have an intermediate level of environmental protection standards.
Permitted uses are virtually the same as prior to the June 22, 1999 Final Order.
Residential density is allowed at 1 DU/5 acres. These lands are "neutral" to the TDR
program - they are not eligible to send or receive dwelling unit rights. For parcels ~40
acres, clustering is allowed.
Sending Lands are areas of higher environmental value; accordingly, they have more
restrictive protection standards and a more restrictive list of permitted uses. Residential
density is limited to 1 DU/40 acres, or pre-existing parcel size of <40 acres if created prior
to 6/22/99. Residential density may be transferred at a ratio of 1 DU/5 acres, or pre-
existing parcel size of <5 acres if created prior to 6/22/99 and lawfully existing; however,
this will be reviewed further to determine if it is appropriate to have a variable ratio
dependent upon a given parcel's value and/or proximity to the Urban area. Once
development rights have been transferred (TDRs used), allowable land uses are further
restricted - agricultural uses are allowed to continue but cannot be intensified.
Comprehensive Plan Amendment Data and Analysis Requirements:
Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Government
Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development
Regulations and Determinations of Compliance" sets forth the minimum data and analysis
requirement for comprehensive plan amendments. More specifically, Section 9J-5.005 "General
Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2) "Data and
Analysis Requirements,"
Sub-section 9J-5.005(2) states, in part, "All goals, objectives, standards, findings and conclusions
within the comprehensive plan and its support documents, and within plan amendments and its
support documents, shall be based upon relevant and appropriate data and analysis applicable to
each element. To be based upon data means to react to it in an appropriate way and to the extent
necessary indicated by the data available on that particular subject at the time of adoption of the plan
or plan amendment at issue. . . the Department will review each comprehensive plan [amendment]
for the purpose of determining whether the plan [amendment] is based on data and analyses
described in this Chapter and whether data were collected and applied in a professionally acceptable
manner,"
The data and analysis submitted was prepared to support the proposed Rural Fringe designation
change from Sending Lands to Neutral Lands. Submittal materials verify the existence of wetland
areas, native vegetation, previous clearing, and conforming and nonconforming business activities on
the subject property. Submittal materials also indicate a low probability for the presence of historically
or archaeologically significant sites, as excerpted below:
- 4-
EAC Meeting: 2 September 09
The "CONCLUSIONS" section of the Ramsey Inc. Environmental Consulting, Protected SDecies
Wildlife Survev ReDort - SDrina 2009 provides a summary of data reported, and concludes with
an analysis stating, in part, "Implementation of the preserve area, enhancement and rehydration
of it will increase wildlife utilization and habitat quality on the property, especially for wetland
oriented species; and provide a permanent flow way for the natural flow of water from the
north".
The "OVERLAYS" subsection of the Ramsey Inc. Environmental Consulting, Re-Desianation
Evaluation of Fillmore/Yahl Mulchina Proiect from RFMUD Sendina to Neutral Lands - GMP
Amendment CP-2008-4 provides a listing of decisions and reasoning leading to a conclusion
that, "The (subject property) does not exemplify the characteristics listed for Sending Lands.
However, it does better fit the Neutral Lands definition". The "CONCLUSION" section of the
same Evaluation provides a collection of "accurate site specific data" for the subject property,
and concludes, in part, "the most accurate land classification based on the RFMUD gUidelines is
Neutral" .
EnvironmentallmDacts:
~ The Subject property has been partially cleared and utilized for mulching and horticultural
recycling activities prior to the adoption of Rural Fringe Mixed Use District regulations.
~ The original Rural Fringe Mixed Use District designations were based upon landscape scale
analysis. Since then, proposals for re-designation have relied on site-specific environmental
findings in order to demonstrate different property characteristics.
~ Data and analysis is provided in an effort to demonstrate that the Sending Lands designation
is not supported. Data reveals there is habitat conducive to use by some listed species on the
site and, the site is within the ranges for panther and bear. Wetlands are also present. Data
indicates listed species are not utilizing the site - based on surveys conducted. Listed species
could still be utilizing the property but have not been documented through surveys.
Under normal circumstances, the entire project area would demonstrate compliance with the
preservation standard of Rural Fringe Sending Lands - preserving 80 % of native vegetation present.
But because mulching and horticultural recycling activities preceded the adoption of Rural Fringe
Mixed Use District regulations, it does not. Numerous environmental surveys have taken place on the
subject property during and since 2001 and they reveal the clearing of vegetation to make room for
operations. Certain FLUE provisions [through the CCME] exempted this project from the 80%
Sending Lands native vegetation retention requirements so long as the previously approved mulching
and horticultural recycling use was continued.
The Rural Fringe Neutral Lands preservation standard is 60% of native vegetation present, not to
exceed 45% of total area. This requirement will be applied during review of the subsequent
Conditional Use application.
A detailed evaluation of the data and analysis for the subject plan amendment was conducted by the
Collier County Environmental Services staff and is set forth below:
The environmental report prepared by Ramsey Inc. Environmental Consulting and submitted with
this petition, dated May 1, 2009, indicates the following:
-5-
EAC Meeting: 2 September 09
. The project site includes single-family homes; timber processing business with associated
roads; cypress; and pine/cypress/cabbage palm habitats with varying degrees of impacts from
the existing business and an old borrow pit site. The soils found on site are listed as Boca
fine sand; Oldsmar fine sand, on limestone substratum; Rivera fine sand, on limestone
substratum; and Holopaw fine sand, on limestone substratum.
. The listed species survey conducted on site concluded that there were no listed species found
foraging or nesting, and there were no signs of gopher tortoises, red cockaded woodpeckers,
big cypress fox squirrels, Florida panther or Florida black bear. Non-listed species observed
include 16 bird species, 3 mammals and 1 reptile.
Environmental Specialists with the Collier County Engineering and Environmental Services
Department reviewed the environmental report and provided the following comments:
. The site has been used for over a decade for mulching and recycling vegetative material.
There is an approximately 12-acre native vegetation preserve on the site. The site was in use
before the adoption of the Rural Fringe Mixed Use District regulations and can continue the
current use as approved by Conditional Use 02-263 (as amended). The current 12-acre
preserve is approximately 3 times larger than the requirement for Industrial/Commercial sites
in the Urban Designated Area, which is 15% of the native vegetation present before
development occurs. Policy 6.1.6 exempts this project from Rural Fringe native vegetation
retention requirements as long as the existing use is continued. Since the applicant is
proposing a new use of the property, the Rural Fringe native vegetation requirements will
apply. If the site is changed from Sending to Neutral, Policy 6.1.2 requires "A minimum of
60% of the native vegetation present, not to exceed 45% of the total site area shall be
preserved,...". This percentage will be applied to any remaining vegetation outside the
existing conservation easement, if any, and will be calculated at the time of the next
Conditional use review. The current, approximately 12 acre preserve shall be maintained
under existing conservation easement limitations. Due to the sites proximity to the perimeter
of the Rural Fringe boundary and the current state of the property, the change of this site from
Sending Lands to Neutral Lands to accommodate the proposed new use will not have a
significant impact on the remaining Sending Lands since the current use of the site pre-dates
the Rural Fringe Sending Land regulations, and the new use will result in approximately one
acre of additional native vegetation preserve.
In summary, the proposed re-designation from Rural Fringe Sending to Neutral Lands has been
accompanied by data and analysis that supports the re-designation. This proposal does not result in
protection of an area of higher environmental value, but in the recognition and utilization of lands
having an intermediate level of environmental value.
NeiQhborhood Information MeetinQ Synopsis:
A Neighborhood Information Meeting (NIM) was [duly advertised, noticed and] held on Wednesday,
July 29, 2009, 5:30 p.m. at the Comfort Inn & Suites, located at 3860 Tollgate Boulevard, Naples.
Approximately eight people other than the applicant's team and County staff attended. The
applicant's agent provided a full description of the proposed amendment to the group, including the
GMPA process, the Rural Fringe Mixed Used designation the TDR program, and the subsequent
Conditional Use process.
- 6-
EAC Meeting: 2 September 09
The presentation indicated that preserve areas already exist on the site, and they would not change
as a result of the expanded operations. No listed species are found on the site, and there will be no
public facilities' impacts.
The present and proposed uses were described, particularly the collection, transfer, processing and
reduction of solid waste, mainly construction and demolition materials. Improvements accompanying
the expansion would include construction of a new building and the addition of up to 10 new
employees.
Questions generated during the subsequent discussion focused on the nature of the proposed
construction and demolition recycling activities, truck traffic and localized road conditions. No one in
attendance expressed opposition to the project. The meeting was completed by 5:50 p.m.
[Synopsis prepared by C. Schmidt, AICP, Principal Planner)
V. MAJOR ISSUES:
This is a proposed amendment to the Future Land Use Element as specifically allowed by Florida
Statutes. For those properties that are re-designated, they will be subject to all GMP requirements
and limitations of the new Future Land Use Map designation, including the native vegetation retention
requirements of the Conservation & Coastal Management Element (CCME).
Subsequent zoning activity must include a request to modify ("rezone") the RFMU Overlay, changing
the RFMU Overlay - Sending Lands - NBM Overlay designation of the subject property to RFMU
Overlay - Neutral Lands - NBM Overlay. This request may precede, but can be concurrent with,
the Conditional Use application.
VI. RECOMMENDATIONS:
In view of the reviews and analyses provided within this report, staff recommends that the Collier
County Environmental Advisory Council direct the applicant to prepare and submit revised application
materials reflecting the text changes to the Overlavs and Special Features section of the FLUE as
described above, and forward Petition CP-2008-4, as revised, to the Board of County Commissioners
with a recommendation to transmit to the Florida Department of Community Affairs.
PREPARED BY:
Corby Schmidt, AICP, Principal Planner
Comprehensive Planning Department
Date
-7 -
EAC Meeting: 2 September 09
REVIEWED BY:
David Weeks, AICP, Planning Manager
Comprehensive Planning Department
Date
Laura Roys, Senior Environmental Specialist
Environmental Services Department
Date
Susan Mason, Principal Environmental Specialist
Environmental Services Department
Date
William D. Lorenz, Jr., P.E., Director
Environmental Services Department
Date
APPROVED BY:
Joseph K. Schmitt, Administrator Date
Community Development & Environmental Services Division
G:\Comprehensive\Comp. Planning GMP DATAIComp. Plan Amendments\2007-200B Combined Cycfe Petitionsl200B Cycle PetftionslCP-
200B.4\EAC Staff Report CP-OB-4 Sending Lands Re.-deslgnation.doc
- 8-
CPSP-2008- 7 FLUE Policy to align dates
Agenda Item 4.1.
eo7ffr-r eou:nty
-
STAFF REPORT
COlliER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE:
OCTOBER 19, 2009
RE: PETITION NO. CPSP-2008-7, STAFF PETITION REQUESTING AN
AMENDMENT TO THE FUTURE LAND USE ELEMENT OF THE GROWTH
MANAGEMENT PLAN. [TRANSMITTAL HEARING]
Coordinator: David Weeks, AICP, Planning Manager
REQUESTED ACTION and STAFF ANALYSIS:
This petition consists of one staff-initiated amendment, as previously authorized by the
Board of County Commissioners on October 14, 2008 at the Adoption hearing for the
2006 cycle of Growth Management Plan (GMP) amendments. The amendment, to
create new Policy 4.11 in the Future Land Use Element (FLUE), is set forth below,
followed by explanation/analysis.
[Words underlined are added; row of asterisks t") denotes break in text.]
FUTURE LAND USE ELEMENT
OBJECTIVE 4: [pages 15 & 16]
In order to improve coordination of land uses with natural and historic resources, public
facilities, economic development, housing and urban design, the Future Land Use
Element shall be continually refined through detailed planning. Future studies might
address specific geographic or issue areas. All future studies must be consistent with the
Growth Management Plan and further its intent.
*** *** *** *** *** *** *** *** *** *** *** ***
Policv 4.11 [new text, page 18]
In the next Evaluation and ADDraisal Reoort (EAR), due January 1. 2011. Collier County
will identify as an issue to be addressed. the need to align dates within the various
elements of this l!rowth management Dlan. This will include. but may not be limited to.
the planning time frame for the Future Land Use MaD. the Rural Lands StewardshiD Area
Overlay. and TransDortation Element long range maDS. Necessary amendments to
achieve the alignment of dates will be included in the EAR-based amendments to the
Plan.
CPSP-2008-7 FLUE Policy to align dates
Agenda Item 4.1.
As part of the 2006 cycle of GMP amendments, staff proposed numerous amendments
to the GMP (petition CPSP-2006-13), including amendments to the Transportation
Element to change the year from 2025 to 2030 on the following maps: TR-1, 2030 Long
Range Financially Feasible Plan Map; TR-2, 2030 Long Range Needs Plan Map; and,
TR-3A, 2030 Functional Classification Map. The date revisions were proposed so as to
extend the planning period for the Transportation Element from the year 2025 to 2030,
based upon the long range transportation planning update by the MPO, MetropOlitan
Planning Organization. The BCC approved Transmittal of that petition to the Florida
Department of Community Affairs (DCA).
When the DCA rendered its Objections, Recommendations and Comments (ORC)
Report on July 14, 2008, it included an Objection to this date extension (and to an
unrelated amendment, CP-2006-10, to re-designate certain lands within the Rural Lands
Stewardship Area Overlay), as follows:
The Department has identified the following Objections to Amendments CP-2006-10
and CP-2006-13 (text amendments to the comprehensive plan):
Objection 4: The Collier County Comprehensive Plan does not have a consistent
time frame. The Future Land Use Map includes the years 2006-2016, while the Rural
Lands Stewardship Area (RLSA) Overlay Program has a planning time frame to 2025
(according to proposed FLUE, RLSA Policy 4.2) and the proposed text amendment
will change the Transportation Element Map TR-3A's, Collier 2030 Functional
Classification Map, planning time frame to year 2030. Pursuant to Rule 9J-
5.005(5)(a), F.A.C., the required elements and any optional elements shall be
consistent with each other and where data are relevant to several elements, the same
data shall be used, including population estimates and projections and public facility
analysis.
[Section 163.3177(2) & (5)(a), F.S. and Rule 9J-5.005(4) and 9J-5.005(5)(a), F.A.c.]
Recommendation: Revise the comprehensive plan to have a consistent
planning time frame.
Below are the specific statutory and Rule references noted in this Objection.
Florida Statutes
Chapter 163.3177 Required and optional elements of comprehensive plans; studies and
surveys.
*** *** *** *** *** *** *** *** *** *** *** ***
(2) Coordination of the several elements of the local comprehensive plan shall be a major
objective of the planning process. The several elements of the comprehensive plan shall be
consistent, and the comprehensive plan shall be financially feasible. Financial feasihility
shall be determined using professionally accepted methodologies.
*** *** *** *** *** *** *** *** *** *** *** ***
(5)(a) Each local government comprehensive plan must include at least two planning periods,
one covering at least the first 5-year period occurring after the plan's adoption and one
covering at least a ] O-year period.
2
CPSP-2008-7 FLUE Policy to align dates
Agenda Item 4.1.
Florida Administrative Code
Rule 9J-5.004(4) Planning Timeframe. Each local government comprehensive plan shall
include at least two planning periods: one for at least the first five-year period subsequent to
the plan's adoption and one for at least an overall ten-year period.
*** *** *** *** *** *** *** *** *** *** *** ***
Rule 9J-5.005(5)(a) Internal Consistency. The required elements and any optional elements
shall be consistent with each other. All elements of a particular comprehensive plan shall
follow the same general format (see "Format Requirements"). Where data are relevant to
several elements, the same data shall be used, including population estimates and projections
Staff provided to the CCPC and BCC the following response to this Objection, which the
BCC approved to provide to the DCA:
"Discussions with DCA staff regarding the above Objection reveals their reading
of the statutory and Rule requirement that comprehensive plan elements be
consistent includes planning time frames - that all elements, plans, programs,
etc. contained within the GMP must refiect the same time period. One way to
resolve this Objection would be for the County to modify all such elements, plans,
etc. to reflect the same time period - either by reducing all to the minimum
required ten-year period, as reflected In the CIE (2007-2017), or by extending all
to the same more distant period, such as out to 2025 or 2030. However, doing
either has risks (of a non-compliance finding by DCA) if not adequately supported
by appropriate data and analysis. County staff is of the opinion that there simply
isn't adequate time to compile and/or create such data and analysis at this time,
nor is it a prudent use of limited resources to attempt to do so. Most particularly,
if the time period was advanced to 2025 or 2030, more significant data and
analysis would be necessary, and one or more new policies might be needed
committing to conducting future studies to assess adequacy of land availability
(especially non-residential) to support the necessary future population in the
County to coincide with long term transportation maps, water and wastewater
plans, the RLSA program, etc.
While County staff does not necessarily agree with DCA's reading of the statute
and Rule, and maintains that our elements, plans, etc. are consistent with one
another in that they are all based upon the same population estimates and
projections, the same 2005 build-out study, etc., we recommend not engaging
this issue with DCA at this time. Instead, staff recommends an alternative
approach to address the Objection: simply not to adoot the orooosed
amendments at issue. Soeclficallv. not adoot the chances to Transoortatlon
Element maos - and correlatinc text - to extend them from 2025 to 2030. and not
adcot chances to the RLSA orocram (oetition CP-2006-10l. There Is no harm in
taking this non-action; the Transportation Element year changes are mere
housecleaning revisions so as to reflect the latest dates contained in MPO
documents, and the petitioner for CP-2006-10 has already requested this
amendment not be adopted at this time.
DCA has advised that should a future GMP amendment propose an increase in
intensity or density, we should expect DCA to raise this inconsistent planning
timeframe Objection again. The County will eventually need to address this
issue directly - the staff recommended "not to adopf option serves to postpone
this issue to another time when it can be addressed more thoroughly."
3
CPSP-2008-7 FLUE Policy to align dates
Agenda Item 4.1.
In 2008, the County had three options: (1) Adopt the proposed amendment as
Transmitted and see if the DCA would find it not in compliance with state law; (2) Adopt
the proposed amendment as Transmitted AND adopt a new policy committing to
conducting future studies to assess adequacy of land availability (especially non-
residential) to support the necessary future population in the County to coincide with
long term transportation maps, water and wastewater plans, the RLSA program, etc.
(this second part based upon discussions with DCA staff); or, (3) not adopt the proposed
amendment. The BCC chose option #3.
Since the next Evaluation and Appraisal Report (EAR) is due January 1, 2011, and this
2007-2008 cycle of GMP amendments is slated for adoption in July 2010, only about five
months prior to the EAR, staff proposes the new policy 4.11 which commits to
addressing this issue through the EAR and EAR-based GMP amendments processes.
STAFF RECOMMENDATION:
That the Collier County Planning Commission forward Petition CPSP-2008-7 to the
Board of County Commissioners with a recommendation to Transmit to the Florida
Department of Community Affairs.
., ,nl~
PREPARED BY: ~- fV'--V cv ---
David Weeks, AICP, Planning Manager
compre;enSij ;~nnin ~epJrtment
REVIEWED BY: ~ U-
Randall Cohen, AIC ,Director
Comprehensive Planning Department
DATE:
if. /
" -,j /lir
,
DATE: 1/21/07
APPROVED BY:
, ~ DATE: 9';0i';0f
Jos ph K. Schmitt, Administrator
e,o/nmunity Deveiopment & Environmental Services Division
Petttlon Number: CPSP-2008-7
Staff Report for October 19, 2009 cpce meeting
NOTE: This petition has been scheduled for the January 19, 2010 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
Mark P. Strain, CHAIRMAN
CPSP.2008-7 Transmittal Staff Report dw 9-22-09
G:IComprehensiveICOMP. PLANNING GMP DATAIComp. Plan Amondments\2007-20OS Combined Cyc~ Potitions\20OS Cyde PotitionslCPSP-
2008-7 alignment 01 dates
dw19-25-09
4
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Co~T <:;;ou.n'ty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION, COMPREHENSIVE PLANNING
DEPARTMENT
HEARING DATE: OCTOBER 19, 2009
PETITION:
CP-2009-1, DADE-COLLIER CYPRESS RECREATION AREA
DISTRICT GROWTH MANAGEMENT PLAN [TRANSMIlTAL
HEARING] Coordinator: Thomas Greenwood, AICP, Principal
Planner
AGENT/APPLICANT:
Agent: James A. (Andy) McCall, Park Planner
Miami-Dade County Park and Recreation Department
275 NW 2nd Street, 4th Floor
Miami, Fl. 33128
Applicant/Owner: Miami-Dade County
III NW 1 st Street, 29'" Floor
Miami, Fl. 33128
GEOGRAPffiC LOCATION:
The property contains approximately 1,608 acres ofland located within Sections 13, 14,
15, and 16 of Township 53 South, Range 34 East. It adjoins the Miami-Dade/Collier
County line north of u.S. Highway 41 and south of the runway of the Dade-Collier
Training and Transition (TNT) Airport and is within the Big Cypress Area of Critical
State Concern (ACSC) as illustrated below. This site comprises a portion of the 24,000
acres owned by Miami-Dade County, inclusive of the TNT Airport. The following maps
illustrate the location and the proposed amendment to the Future Land Use Map [FLUM].
1
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
DRAFT EXHIBIT A [FLUM AMENDMENT]
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2
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
REOUESTED ACTION:
The subject property is designated Conservation, and is in the ACSC Overlay, on the
Countywide FLUM of the Collier County Growth Management Plan (GMP). Presently,
there are no Districts or Subdistricts in this designation.
This petition seeks to amend the Future Land Use Element (FLUE) and the FLUM of the
GMP to create the "Dade-Collier Cypress Recreation Area District" within the
Conservation Designation to allow for a variety of outdoor recreation activities, including
trails for the operation of off-highway vehicles (OHV s) *.
* An OHV is defined in Section 261.03(6) of Florida Statutes as any all terrain vehicle
(ATV), or off highway motorcycle (OHM) that is used off the roads or highways of
this state and that is not registered and licensed for highway use under Chapter 320 of
the Florida Statutes.
ATV is defined by Section 261.03 (2), F.S. as follows:
(2) "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or
less in width, having a dry weight of 1.200 pounds or less, designed to travel on
three or more non-highway tires, having a seat designed to be straddled by the
operator and handlebars for steering control, and intended for use by a single
operator with no passenger. "; and
OHM is defined in Section 261.03(5), F.S. as follows:
(5) "OHM" or "off-highway motorcycle" means any motor vehicle used off the
roads or highways of this state that has a seat or saddle for the use of the rider
and is designed to travel with not more than two wheels in contact with the
ground, but excludes a tractor or a moped. "
In addition to the FLUM amendment shown on the previous page, the proposed text
amendments, shown in strike-through/underline format, are as follows: (Single
underlined text is added, as proposed by the applicant. Row of asterisks denotes break in
text.)
Policy 1.4: [FLUE page 12]
The CONSERVATION Future Land Use Designation shall include a Future Land Use
District.
A. DADE-COLLIER CYPRESS RECREATION AREA DISTRICT
************************************************************************
IV. CONSERVATION DESIGNATION
A. Dade-Collier Cvnress Recreation Area District [FLUE page 87]
The Dade-Collier Cvoress Recreation Area District encompasses aoproximatelv 1.608
acres ofland located within Sections 13. 14.15. and 16 ofTownshiD 53 South. Ranl!e 34
East. adioininl! the Miami-Dade/Collier County line north of U.S. Highwav 41 and south
of the runwav of the Dade-Collier Traininl! and Transition Arroort. and within the Bil!
Cypress Area of Area of Critical State Concern (ACSC). All lands within this District are
3
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
entirelv owned by Miami-Dade County and includes wetlands. cypress and hardwood
forests. and five man-made lakes.
The primary puroose of this District is to enhance the existinl! natural resources while
providinl! for an appropriate level of recreational uses beneficial to the countv and the
reltion.
The uses allowed within this District. with limitations specific to this District. are as
follows:
a. Visitors' center buildinl! - for administrative offices. orientation area. meetinl!
room. and restrooms - not to exceed 2.400 sauare feet:
b. Parkinl! lot limited to a capacity of 80 passenger vehicles and associated
trailers:
c. Primitive Campine:
d. Recreational vehicle campinl!:
e. Fishine piers and docks:
t Multi-use trails for pedestrians and bicvcles:
Q..,. Wildlife viewinl! platforms and overlooks:
h." Archery ranee:
h Offhie:hwav vehicles (OHV) trails: and
1. Other uses as allowed in the Conservation Desilmation.
Development within this District. exc~t for trails. mav be concentrated on alreadv
disturbed area alone the western portions of the site. primarilv in Section 16.
The drainal!e and storm water management svstems for this District mav be designed to
be compatible with environmental site assessments. development and mitieation
stratelries. environmental enhancements and rel!Ulatory reauirements. Site development
may restore/realign existine trails previouslv created bv swamp buel!ies that traverse the
site primarilv in an east/west direction. Lake ed!;!es may be improved with a shallow
littoral zone where determined appropriate.
At the time ofrezonine. an adaptive comprehensive manaeement plan shall be I'rovided
that includes:
1., OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs on
public land. These specifications mav address vehicle and tire size. noise
control. prohibition of certain OHV types (e.e. tracked vehicles). prohibition
of devices affixed to tires (e.l!. tire chains).
2. An OHV inspection prol!Iam and vehicle rel!istration prOl!Iam.
3. Provisions to demarcate site boundaries.
4. Definitive location of all proposed uses - campsites. parkine areas. archerv
ranee. OHV trails and trail access points. pedestrian and bicvcle trails. etc.
~ Development intensitv limitations - maximum number of RV and primitive
camping sites. cap on number of OHV users dailv. etc.
6. Monitorinl! provisions to ensure OHV compliance.
4
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
7. Enforcement DrOl!Tarn for compliance with all site/park restrictions and
limitations.
8. Specification of periods of operation. esueciallv for OHVs - dailv hours of
operation. periods of closure (e.!!. hil!h water. fire threat. hurricane threat).
seasonal restrictions or closure.
9. Monitorin!! for detrimental inmacts upon listed ~ecies.
10. Restoration plan for presently disturbed portions of the site not to be utilized
(e.!!. most of the existin!! OHV trails). and creation of littoral zones for all
lakes.
11. Demonstration of compliance with the ACSC limitations (e.g. maximum site
alteration of 10%).
l2.... Deviation to reauest disturbance to areas impacted bv development in the
ACSC where unavoidable UP to a maximum of I 0% of the subiect site.
************************************************************************
FUTURE LAND USE MAP SERIES [FLUE page 124]
Future Lands Use Map
Mixed Use and Interchange Activity Center Maps
************************************************************************
Livingston Road Commercial Infill Subdistrict Map
Dade-Collier Cvoress Recreation Area District Map
BACKGROUND AND PROJECT DESCRIPTION:
This site was recommended in the Miami-Dade County Park and Recreation
Department's August, 2007 study entitled, "Off-Highway Vehicle Trails Feasibility
Study" [Appendix V.D.5b.l]. This Study evaluated 23 sites for potential future OHV
usage and selected five sites, including the subject site for further investigation. The
Study found the land surrounding the lNT Airport as the most viable long-term option of
the five sites - in part because it is already owned by Miami-Dade County. Additionally,
Collier County Resolution No. 09-144 [Appendix V.D.5b.l4] was approved by the
Collier County Board of County Commissioners on June 9, 2009. This Resolution directs
the County Manager or his Designee to "support" the establishment of this 1,608-acre
recreation area; identify the applicable planning and development approvals necessary for
the development of this recreation area; and assist with coordinating input from the
applicable regulatory agencies.
The applicant is requesting approval to establish the "Dade-Collier Cypress Recreation
Area District" (District) as a new District in the Conservation Designation of the FLUE
and to show this District on the FLUM so as to allow for the development of the District.
The applicant proposes the following uses within the proposed new District:
· visitors' center building - for administrative offices, orientation area, meeting
room, and restrooms - not to exceed 2,400 square feet;
· parking lot limited to a capacity of 80 passenger vehicles and associated trailers;
5
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
. primitive camping (3 to 10 acres);
. recreational vehicle camping (5 to 10 acres);
. fishing and piers and docks (100 to 300 acres);
. multi-use trails for pedestrians and bicycles; wildlife viewing platforms and
overlooks (30 to 45 acres and approximately 10 miles of trails);
. archery range (2 to 10 acres);
. OHV usage and trails (5 to IS acres and approximately 15 miles in trail length);
and
. other uses as allowed in the Conservation Designation (1218 to 1463 acres).
The existing Conservation Designation allows all of the above listed uses - in context as
a passive recreational use or as a component of a conservation or habitat preservation use
- with the exception of the proposed OHV usage. The context is critical. For example, if
an owner of 40 acres designated Conservation requested approval to allow development
of a campground, the request would be rejected. Contrast this with Collier - Seminole
State Park, also designated Conservation, which does allow camping and is deemed
consistent with the Conservation designation.
STAFF ANALYSIS:
Please refer to the document titled "Standard Language for GMP A Staff Reports" located
behind the "GMP A Standard Language" tab. This document addresses some items
common to all petitions in this cycle - statutory data and analysis, the GMP vision, and
HB 697 - and one item common to the six petitions seeking amendments to the GGAMP.
Existinl! Land Use. Zoninl!. and Future Land Use Desilffiation:
Subiect Site:
Existing land uses on the subject site. The existing land use on the subject property is
vacant or undeveloped with the site fenced on all sides, with the exception of a portion of
the east boundary of the site which does not have a continuous fence. The application
indicates that five man-made lakes exist which were developed in 1968 (borrow pits as
part of the construction of the adjoining Dade-Collier Training and Transition Airport to
the immediate north and access road to U.S. Highway 41); approximately 27 miles of
unsupervised hiking/bicyclinglwildlife trails; and approximately 22 miles of unsupervised
OHV /swamp buggy trails. The site is generally not open to the public, except for self-
described Gladesmen who operate unpermitted legacy campsites within the property,
OHV riders who trespass on the property, and pennitted Eco-Adventure tours operated
by the Miami-Dade Park and Recreation Department.
Existing zoning of the subject site: "Conservation with Area of Critical State
Concern/Special Trea1ment Overlay"(CON-ACSC/ST). As such, all development on the
subject site will be required to comply with the Area of Critical State Concern/Special
Trea1ment Overlay of the LDC, including standards specific to site alternation, drainage,
transportation, and structure installation.
Existing future land use designation of the subject site: "Conservation with Area of
Critical State Concern Overlay". As such, all development on the subject site will be
6
Dade-CoJlier Cypress Recreation Area District
Agenda Item 4.J.
required to comply with the Conservation and Area of Critical State Concern Overlay of
the FLUE, including standards specific to site alternation, drainage, transportation, and
structure installation. These same standards are found in the statutory ACSC designation.
Surrounding Lands:
North: Dade-Collier Training and Transition Airport; zoned "CON-ACSC/ST" and a
FLUM designation of "Conservation with ACSC Overlay".
East: Vacant lands in Miami-Dade County within the ACSC.
South: Vacant lands; zoned "CON-ACSC/ST" and a FLUM designation of "Conservation
with ACSC Overlay".
West: Vacant lands; zoned "CON-ACSC/ST" and a FLUM designation of "Conservation
with ACSC Overlay".
ComDrehensive Plan Amendment data and analvsis reauirement
Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local
Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal
Reports, Land Development Regulations and Determinations of Compliance" sets forth
the minimum data and analysis requirement for comprehensive plan amendments. More
specifically, Section 9J-5.005 "General Requirements" delineates criteria for plan
amendments in sub-section 9J-5.005 (2) "Data and Analysis Requirements."
Sub-section 9J-5.005(2) of the Florida Administrative Code states (in italics) that "All
goals, objectives, standards, findings and conclusions within the comprehensive plan and
its support documents, and within plan amendments and its support documents, shall be
based upon relevant and appropriate data and analysis applicable to each element. To
be based upon data means to react to it in an appropriate way and to the extent
necessary indicated by the data available on that particular subject at the time of
adoption of the plan or plan amendment at issue. The Department will review each
comprehensive plan [amendment] for the purpose of determining whether the plan
[amendment] is based on data and analyses described in this Chapter and whether data
were collected and applied in a professionally acceptable manner. "
It is incumbent upon all applicants requesting comprehensive plan amendments to
provide supporting data and analyses in conjunction with any relevant support
documents. It is not the responsibility of CoJlier County staff to generate data and
analysis for the applicant, rather it is staff's responsibility to review and analyze the
petitioner's data and analysis for accuracy, applicability, professional acceptability, sound
methodology, etc. Any outstanding deficiencies or other issues with respect to data and
analyses that may remain at the time of any requisite public hearing are the responsibility
of the applicant. A detailed synopsis of the adequacy of the data and analysis for the
subject plan amendment is set forth below with specificity.
7
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Considerations and Aoorooriateness of Chanl!'e:
OHV usage ...existing and proposed
Existinfl OHVs limitations within the Conservation Desirmation. Generally, recreational
use of OHVs is presently not allowed in the Conservation Designation except on lands
established for conservation/preservation purposes (e.g. state and federal parks,
preserves and refuges) for which a management plan has been prepared, and publicly
vetted, that includes OHV use as a component. An example would be the Big Cypress
National Preserve, which allows all terrain vehicles (ATVs), swamp buggies and airboats
within certain areas of the Preserve and subject to restrictions.
Proposed OHVs usafle within the proTJOsed "Dade-Collier Cypress Recreation Area
District" of the Conservation Desirmation. This application proposes that OHVs would
be allowed as a recreational use on the subject site as outlined in Appendix V.D.5b of the
application entitled, "Data and Analysis for the Proposed Uses". Reaching this site
would involve an approximate I to 2 hour drive for most residents in Lee and Collier
Counties as well as from other coWlties on the East Coast of Florida. Geographically, the
proposed District is:
. within and sUITOWlded by environmentally sensitive areas of Collier COWlty
designated Conservation on the FLUM and located within the ACSC;
. within and surroWlded by the Big Cypress National Preserve;
. approximately 50 miles from the Collier COWlty coastal Urban Designation of the
FLUM; and
. approximately 50 miles from the Miami-Dade County and Broward COWlty urbanized
areas.
A majority of users of the subject site could be expected to come from these urbanized
areas, as well as from the Golden Gate Estates and Rural Fringe areas.
Other existing or oroposed OHV facilities. In addition to the proposed new District, the
following is a current status of some of the other existing or proposed OHV facilities in
South Florida:
(1) Proposed Lake Trafford de-mucking site. This approximate 640-acre site is
located in the northwest comer of the Immokalee Urban Designated Area.
Reaching this site is an approximate 30 to 45 minute drive time for most Lee and
Collier COWlty residents. The site is designated Low Residential Subdistrict in the
Immokalee Area Master Plan. The proposed use of this site for OHVs has been
publicly vetted. The site was filled in 2005 and 2006 with dredge spoils removed
from Lake Trafford. South Florida Water Management District (SFWMD) is the
current owner. However, Wlder a 2003 agreement between Collier County and
SFWMD, Collier County would become the owner of the site for future use as an
OHV park. Recent soil tests have shown that the Lake Trafford dredge material is
contaminated with arsenic and the site may not be economically feasible for the
intended OHV use due to the environmental clean-up costs. At this time Collier
County and SFWMD are attempting to resolve this problem and Collier COWlty is
looking at other options to satisf'y the OHV park demand. Collier County recently
voted to sue the SFWMD over issues related to the availability ofthis 640 acres.
8
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
(2) Existing Redneck Yacht Club in Charlotte County. This 800-acre privately-owned
site is located in Punta Gorda and opened to the public in January, 2009 as a A TV
park. A July 26, 2009, Naules Dailv News article indicated that this site drew
approximately 15,000 guests during Memorial Day weekend. In addition to
ATVs, this site also accommodates hundreds of tents, pop-up campers, and
recreational vehicles, providing for multi-day guest visits. According to its
website, this is "Florida's Largest Off Road Park" and is for use by swamp
buggies, ATV's, trucks and Jeeps. It is open on weekends only. This site is
estimated to be an approximate 45 minute drive from the Collier-Lee County line
at 1-75. Staff acknowledges that this site, which appears to be for purely
recreational use only (no apparent conservation component), is not used or
operated as typically occurs for County Parks. The newspaper article noted that
beer consumption by spectators and participants occurs, and a weapons search is
conducted at the site entrance.
(3) Existing and Proposed National Park Service OHV use in the Big Cypress
National Preserve (BCNP). A National Park Service (NPS) Off Road Vehicle
(ORV) proposal for the BCNP Addition (147,000 acres ofland added to BCNP in
1988) is related to CP-2009-09 in that the BCNP lands surround the subject
project site. This NPS General Management Plan would introduce up to 140 miles
of OR V trails into the BCNP addition lands, which trails also would be available
for hiking, bicycling, and horseback riding. The maximum of 140 additional miles
of proposed ORV trails is in addition to the 400 miles of existing trails within the
original BCNP lands. This General Management Plan must be approved by
Congress before it becomes effective. For further information, the "Big Cypress
National Preserve Addition, Draft General Management Plan/Wilderness
Study/Off-Road Vehicle Management PlanlEnvironmental Impact Statement",
which was prepared by the NPS, may be viewed in its entirety at the following
web site:
http://uarkolanninl!:.nus.l!:ov/document.cfin?uarklD=352&uroiectId=1 I I 64&documentID
=27329
Finally, there has historically been unauthorized "free range" A TV use on lands now
owned by the State of Florida and known as Picayune Strand State Forest. Such use was
prohibited and halted after acquisition by the State. The intent of providing an A TV park
facility in Collier County is to provide a legal opportunity for OHV owners to enjoy the
use of their vehicles in a safe, managed facility.
Consistency with the Conservation Desil!llation of the FLUE
A portion of the Conservation Designation of the FLUE is provided below (in italics)
with staff analysis immediately following.
"The overall purpose of the Conservation Designation is to conserve and maintain the
natural resources of Collier County and their associated environmental, and
recreational and economic benefits. All native habitats possess ecological and physical
characteristics that justifY attempts to maintain these important natural resources.
Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular
9
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
attention because of their ecological value and their sensitivity to perturbation. It is
because of this that all proposals for development in the Conservation Designation must
be subject to rigorous review to ensure that the impacts of the development do not
destroy or unacceptably degrade the inherent fUnctional values.
The Conservation Designation is intended to protect certain vital natural resource areas
of the County, which are primarily owned by the public, although private in-holdings and
privately owned conservation areas do exist. This Designation includes such areas as
Everglades National Park, Big Cypress National Preserve, Florida Panther National
Wildlife RefUge, Fakahatchee Strand State Preserve, Collier-Seminole State Park,
Rookery Bay National Estuarine Research Reserve, De/nor-Wiggins Pass State
Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary
(privately owned). The boundaries of the Conservation Designation may periodically
change as properties are acquired by public entities or private land management or
conservation groups.
Natural resource protection strategies and standards for development in the
Conservation Designation are found in the Conservation and Coastal Management
Element and the County's Land Development Regulations. The Conservation
Designation will accommodate limited residential development and fUture
non-residential uses. The following uses are authorized in this Designation.
***********************************
f Passive parks, and other passive recreational uses; "
***********************************
Land Development Code (LDC), Section 1.08.02, defines "Passive Recreation" as
follows:
"Passive Recreation: Activities characterized by a natural resource emphasis and non-
motorized activities. These activities are deemed to have minimal negative impacts on
natural resources; or are consistent with preservation, enhancement, restoration and
maintenance goals for the purpose of habitat conservation. Examples of passive
recreation include, but are not limited to, bird watching and nature study, swimming,
picnicking, hiking, fishing and hunting, where appropriate."
Staff places emphasis upon the words "non-motorized activities" as the expressed intent
of the Conservation Designation is to limit recreational activities to passive non-
motorized recreational activities.
The proposed OHV use on the subject 1,608-acre site is a departure from the intent of the
Conservation Designation. Further, the U.S. Fish and Wildlife Service's National
Wetlands Inventory classifies this site as "Freshwater Forested/Shrub Wetlands". The
intent of the Conservation Designation is to, "conserve and maintain the natural
resources of Collier County and their associated environmental, and recreational and
economic benefits. " The proposed OHV usage is unlikely to lead to the conservation and
maintenance of the natural resources of Collier County.
10
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
The Conservation Designation includes private in-holdings and privately owned
conservation areas, in addition to the publicly owned lands. The establishment of the
"Dade-Collier Cypress Recreation Area District" and related OHV usage may lead to
other future private or public petitions for the establishment of other similar uses within
the Conservation Designation.
Based upon application materials, there is no question the site has been impacted from
past and present activities. Borrow pits exist on the site from past excavation activities
related to the construction of the adjacent runway and access road; the runway, access
road and U.S. 41 have, in some way, impacted natural drainage on the site; and,
unauthorized ORV use on the site has created trails across the site. However, despite
these impacts, the site remains a viable, functioning wetland (93% of site is wetlands).
Ceasing unauthorized ORV use on the site through education and/or enforcement will
allow the trail areas to naturally, over time, become re-established with wetland
vegetation. The petitioner suggests, in part, that these trails impacts are the reason this
petition should be approved.
In summary, the introduction of OHV uses into this 1,60S-acres site within the
Conservation Designation will result in the following:
· a significant increase of site-specific traffic, both from licensed passenger
vehicles and OHVs, and related enviromnental costs;
. extended travel times from population centers and related enviromnental impacts
to reach this site; and
· enviromnental impacts upon these "Freshwater Forested/Shrub Wetlands".
Accordingly, this petition is found to be contrary to the intent of the existing
Conservation Designation and may be found inconsistent with that Designation.
Consistencv with 2008 Le2islation - HB 697 [Greenhouse Gas Emissions - "GHG"1
This legislation, which pertains to energy conservation and efficiency, went into effect on
July 1, 2008. Some key phrases in the legislation include: "discouragement of urban
sprawl"; "greenhouse gas reduction strategies"; "transportation strategies to address
reduction in greenhouse gas emissions from the transportation sector." Among other
things, it requires certain amendments to the Growth Management Plan (future land use
element and map, housing element, transportation element, conservation and coastal
management element) which would be initiated by Collier County. However, in the
interim (and perhaps beyond), each GMP amendment petition should include data and
analysis to demonstrate how it discourages urban sprawl and reduces greenhouse gas
emissions. DCA (Florida Department of Community Affairs) will be reviewing GMP
amendments for compliance with this legislation.
Below are excerpts from "The Role of Local Land Use and Transportation Planning in
Reducing GHG," a PowerPoint presentation on HB 697 from DCA Secretary Tom
Pelham, Esq., AICP. This helps to explain the rationale for the legislation and what DCA
expects in reviewing GMP amendments.
I. Introduction: The Problem
11
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
A. About 36% of carbon dioxide emissions in Florida are produced by the
Transportation Sector.
B. Of these emissions, about 83% come from vehicular travel.
C. A key factor is the extent of the vehicle miles traveled (VMT).
D. DOT projects that by 2050 VMr will increase 173% based on current trends.
E. We must reduce VMT in order to reduce GHG from the Transportation Sector.
F. Local Land Use and Transportation Planning will playa critical role in reducing
VMT.
II. HB 697: Enhanced Local Planning to Reduce VMT and GHG
A. HB 697 Amended Ch. 163, F.S., to Establish New Local Planning
Requirements.
B. Future Land Use Element - based on data and studies that demonstrate:
I. Discouragement of urban sprawl;
2. Energy efficient land use patterns that account for existing and future
electric power generation and transmission systems;
3. Greenhouse gas reduction strategies.
III. When Must Governments Comply with the New Requirements?
A. The New Requirements Went into Effect on July I, 2008, when HB 697
Became Law.
B. DCA will apply the New Requirements to Plan Amendments Transmitted After
July I, 2008, for ORC Review as follows:
I. FLUM Amendments must be Supported by Data and Analysis Relating to
Urban Sprawl, Energy Efficient Land Use Patterns and GHG Reduction
Strategies.
2. FLUE Text Amendments with Significant Potential to Impact Development
Patterns Must Comply with the New Data and Analysis Requirements.
3. Major Textual Amendments to TransportationlTraffic Elements and Large
FLUM Amendments must Address new GHG Reduction Requirements.
C. Local Governments must comply with all New Requirements NO Later Than
DUE DATE of EAR-Based Amendments.
IV. What Major Planning Strategies Can Local Governments Use to Reduce VMT and
GHG?
[a list was provided of a dozen resources]
V. This literature discusses transportation and land use planning strategies to reduce
VMT and GHG.
A. Planning for Fewer and Shorter Automobile Trips (Getting People Out of Their
Cars).
B. Planning for Alternative Modes of Travel- Walking, bicycling and transit.
C. Planning for More Compact Mixed-Use Development
I. A mix of residential, commercial, and recreational uses in close proximity to
Employment Centers.
2. Encourages Walking and Bicycling.
12
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
3. Supports Transit.
4. Reduces Number and Length of Automobile Trips.
D. Planning for Higher Densities in Appropriate Places
I. Higher Density Development has Smaller Carbon Footprint.
2. A Blended Average Density of 7 units/acre is Sufficient.
3. Transit-Oriented Development - Cluster Higher Density Around Transit
Stops.
Staff advised the applicant of the need to provide data and analysis regarding the
quantification of the amount of GHG emissions which would result from the
development of this proposed park site. The applicant, in a July 10, 2009 letter
immediately following the application cover letter, has addressed Florida House Bill 697
as it would relate to CP-2009-01. The applicant did not quantify the amount of GHG
emissions which might occur because of this project. Rather, the applicant states that the
site's location and the limited number of annual visitors will result in a small impact on
the creation of GHG and that the GHG emissions impact within and near the subject site
will be largely offset by the number of lives that are saved by the reduction in the use of
dangerous, illegal, and unmanaged recreation sites. No data and analysis was provided to
demonstrate how this project discourages urban sprawl and reduces GHG emissions.
Accordingly, the DCA may well raise issues regarding this requirement within the
Objections, Recommendations, and Comments Report if this project is transmitted to the
DCA with the current applicant response to HB 697.
Consistencv with the "T. Mark Schmidt Off-ffil!:hwav Vehicle Safety and Recreation
Act" (Act)
This Act was signed into law in 2002 with the intent to "create new opportunities for
OHV users (specifically ATV and OHM users) while safeguarding the integrity of
Florida's natural resources ".
This Act is referenced on page 22 of Appendix V.D.5b.1 of this application entitled Park
and Recreation Denartment Off-Hil!hwav Vehicle Trails Feasibility Studv for Miami-
Dade County: AUl!:USt. 2007 (Study). Page 20 of this Study states that, "The other sites
[other than the subject site] offer potential opportunities for permanent OHV facilities.
The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in
south Miami-Dade County, share many physical characteristics with the preceding [the
subject site] while having fewer environmental constraints, but are less suitable overall
because of their ownership composition. " Based upon staff review of this application and
this Study, there is insufficient evidence presented to document that the proposed project
will "safeguard the integrity of Florida's natural resources" as is the intent of the Act.
Further, this site is the most environmentally sensitive site of the top contending sites
analyzed within this Study.
Staff concludes that the on-going site specific environmental impacts associated with the
OHV use of the subject 1,608-acre site, as well as environmental impacts associated with
motorized travel to the subject site by potential DHV users, will be greater than the
alternative use of either the Homestead Speedway or FRS Holdings site for OHV use
13
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
located in Miami-Dade County. In summary, the proposed OHV site mav not be
consistent with the intent of the T. Mark Schmidt Off-Highway Vehicle Safety and
Recreation Act in that this site's use for OHV activities may fail to "safeguard the
integrity of Florida's natural resources" by introducing this more intensive active
recreational activity into the Conservation Designation. However, an August 26, 2009
letter to Miami-Dade County Parks and Recreation Department staff from the Florida
Department of Agriculture and Consumer Services finds, "Petition Number CP 2009-01
to be consistent with the intent of the T. Mark Schmidt Off-Highway Vehicle Safety and
Recreation Act." [see Exhibit V.D.5b/15]
Consistencv with Policv 1.1.1 of the Recreation and ODen SDace Element (ROSE)
of the GMP
Policy 1.1.1 of the ROSE is shown in its entirety in italics below.
"Policy 1.1.1:
Collier County hereby adopts the following level of service standards for facilities and
land owned by the County or available to the general public:
LEVEL OF SERVICE STANDARD:
A. i.2882 acres of community park land/i, 000 population (unincorporated)
B. 2.9412 acres of regional park land/I. 000 population
C. Recreation facilities - Facilities in place. which have a value (as (X) defined) of
at least $270.00 per capita of population. A Construction Cost Index (CCI)
adjustment will be used to determine the construction cost of facilities planned.
The CCI that will be used will be the prior year of the County's fiscal year
budget.
i. Value will be arrived at using the per unit values for each facility type
available in the County, as set forth in the Annual Update and Inventory
Report (AUlR). applying the values to the number of each facility type.
adding up all values and dividing the total by the County population.
2. Where recreation facilities provided by other governmental bodies or the
private sector are available through arrangement with the County to the
public on a convenient basis. they shall be considered in measuring in-
place facility value. "
In as much as the "Dade-Collier Cypress Recreation Area District" would be open to
public use, it may augment existing recreational lands and facilities owned by Collier
County and help support the County's efforts to meet its adopted LOSS for regional park
land, irrespective of the approximate 50-mile drive from the Collier County Urban
Designated Area. However, the application indicates that the facility will be closed
during peak wet season and peak dry season in conformance with an adaptive
comprehensive management plan to be approved at the time of rezone. IF the subject site
14
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
would count toward attaining the LOSS for regional park land during these limited times
of the year, this project may be found consistent and supportive of Policy 1.1.1 of the
ROSE.
Consistencv with Policv 1.1.4 of the ROSE of the GMP
Policy 1.1.4 of the ROSE is shown in its entirety in italics below.
"Policy 1.1.4:
"Acquire suitable lands for new park sites in areas where major population growth is
expected. "
Although Collier County is not acquiring a park site as part of this project,
Collier County Resolution 2009-144 (Appendix V.D.5b.14 of this application) states that
Collier County "supports" the establishment of the "Dade-Collier Cypress Recreation
Area Recreation District". With respect to Policy 1.1.4 of the ROSE of the GMP, this
site was acquired by Miami-Dade County in the early 1960s for airport purposes. Its
location is not in an area where major population growth is expected, due to the
development limitations inherent in the surrounding Federal and State land ownerships
and the limitations on development placed by the Conservation Designation. To the
extent that Policy 1.1.4 applies to this project, this project may be found inconsistent with
Policy 1.1.4 of the ROSE.
Consistency with Policy 1.4.2 of the ROSE of the GMP
An excerpt of Policy 1.4.2 of the ROSE is shown in italics below.
"Policy 1.4.2
"Continue to develop and implement a formal program for coordinating County
programs with other government agencies. Collier County shall continue to coordinate
the provision of recreational facilities and activities with other governmental
jurisdictions that own or operate such facilities and activities within, or adjacent to,
Collier County. Said governmental entities shall include, but not necessarily be limited
to:
us. Department of Commerce, The National Oceanic and Atmospheric Administration
US. Department of the Interior, The National Park Service
The Florida Department of Environmental Protection, Division of Recreation and Parks
Florida Department of Agriculture and Consumer Services, Division of Forestry
Lee County, Florida
Hendry County, Florida
Broward County, Florida
Dade County, Florida
************************************************************************
To the extent that this application involves coordination between Miami-Dade County
and Collier County in the development of the recreational activities and facilities
envisioned in the proposed "Dade-Collier Cypress Recreation Area District", it may be
found consistent with and supportive of Policy 1.4.2 ofthe ROSE.
15
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Consistencv with PoIicv 1.8 of the Economic Element of the GMP
Policy 1.8 of the Economic Element is shown in its entirety in italics below.
"Policy 1.8: Collier County will encourage the preservation of sensitive natural
resources, including beaches, wetlands, estuaries, clean air and water, historic
resources, scenic vistas and other unique natural resources. "
The establishment of the proposed 1,608-acre "Dade-Collier Cypress Recreation Area
District" would result in the introduction of a significant increase in annual visitors and
o HV enthusiasts into this area. This is in contrast to the existing limited number of
unauthorized trespassers who currently occasionally use this area for OHV use and other
uses. The projected environmental impact is detailed in the "Environmental Impacts"
section of this report which follows. Accordingly, the development of this
environmentally sensitive site as a formal OHV park may be found inconsistent with
Policy 1.8 of the Economic Element of the GMP due to the negative environmental
impacts.
Consistencv with Oblective 7 of the Future Land Use Element of the GMP
Objective 7 of the Future Land Use Element of the GMP is shown in its entirety in italics
below.
"OBJECTIVE 7
In an effort to support the Dover, Kohl & Partners publication, Toward Better Places:
The Community Character Plan for Collier County. Florida. promote smart growth
policies, and adhere to the existing development character of Collier County, the
following policies shall be implemented for new development and redevelopment
projects, where applicable. "
***********************************************
The intent of Objective 7 is ensure "smart growth" during the development and
redevelopment of specific urban portions of Collier County. No Policies exist under
Objective 7 relating to the development of the proposed 1,608-acre Dade-Collier Cypress
Recreation Area. However, within the "Natural Lands" section of the Dover, Kohl &
Partners publication, the following is stated in reference to the Big Cypress National
Preserve and other publicly owned preserves which, in their entirety, comprise
approximately 66% of the area of Collier County:
"The parks and wildlife refUges were designated to restore the Everglades
ecosystem, protect water quality and aquifer recharge, and protect listed species,
such as the Florida panther (Felis concolor coryi), Florida black bear (Ursus
americanus floridanus), and other species, which utilize this region for their
migrations and home ranges. "
Because the development of the proposed Dade-Collier Cypress Recreation Area will
cause a substantial increase in the number of on-road and off-road motor vehicles within
this relatively small environmentally sensitive area, Staff concludes that such proposed
usage is not consistent with the conservation purposes of the publicly owned preserves
located in Collier County.
16
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Consistencv with Level of Services Standards (LOSS) contained in the Annual
UDdate and Inventory ReDort
The proposed project will not be able to comply with and meet certain LOSS standards,
as contained in the Annual Update and Inventory Report (AUIR) related to public safety
in the use of this site as an OHV facility specifically, as described specifically as follows:
a. Emergency Management Services (EMS) (Appendix V.E.3). This project is
located approximately 50 miles from the closest EMS Station 61, located at 201
Buckner A venue in Everglades City. Due to the increased potential for serious
injury involving the use of OHV s and other active recreational activities proposed
on this site, excellent EMS is crucial to the safe operation of this site as an active
recreational facility. The EMS LOSS specified in the 2008 AUIR is 12 minutes
of travel time for rural areas 90% of the time, requiring I unit per 16,400 people.
The travel time to the project site would be approximately 50 minutes by vehicle
and a lesser amount if a helicopter is used and would far exceed the adopted EMS
LOSS and is inconsistent with the AUIR. However, the applicant verified the
availability of a helipad at the adjoining TNT Airport Facility for the landing of
emergency medical responders to the site when needed. The applicant verified
that wired and intemet service capabilities exist at the adjoining TNT Airport
Facility, but also acknowledges that cell phone reception is marlrinal. and is
mainly dependent on the reception availability of each network. Due to the
proposed concentration of OHV usage on this site, the applicant should verify that
suitable wireless services are available from the project site to summon EMS for
emergency services in a potential life-saving timely manner.
b. Fire Protection. (Appendix V.E.3) This project is located within the Ochopee
Fire District Boundary and approximately 50 miles from the Ochopee Fire Station
No. 60, located at 201 Buckner Avenue in Everglades City. The Ochopee Fire
Department LOSS specified in the 2008 AUIR is 4 minutes per 1.5 mile radius
from the fire station. The travel time to the project site would be approximately 50
minutes and would far exceed the Fire Protection LOSS and is inconsistent with
the AUIR. The applicant verified that wired and internet service capabilities exist
at the adjoining TNT Airport Facility, but also acknowledges that cell phone
reception is marl!inal. and is mainly dependent on the reception availability of
each network. Due to the proposed concentration of OHV usage on this site, the
applicant should verify that suitable wireless services are available from the
project site to summon fire protection services in a potential life-saving timely
manner.
c. Law Enforcement. (Appendix V.E.3) This project site is located within the
Collier County Sheriff's Office District 7 service area (Everglades) approximately
43 miles from its 32020 East Tamiami Trail location, which is east of Ochopee
and near the intersection of East Tamiami Trail with SR-29. The LOSS standard
for Law Enforcement in the AUIR is based upon 1.96 officersll,OOO popnlation
and not based upon response time. The applicant verified that wired and internet
service capabilities exist at the adjoining TNT Airport Facility, but also
acknowledges that cell phone reception is marl!inal, and is mainly dependent on
the reception availability of each network. Due to the proposed concentration of
OHV usage on this site, the applicant should verify that suitable wireless services
17
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
are available from the project site to summon law enforcement services in a
potential life-saving timely manner.
Environmental Impacts:
Staff requested a detailed desktop analysis of non-tidal ACSC lands within the
Conservation designation as shown on the Future Land Use map as a comparison for why
this site is the most feasible for the proposed use and how this site is different from other
Conservation designated in order to clearly show that the proposed use is appropriate.
The applicant has declined to provide staff with this data and analysis.
The environmental report prepared by Miller Legg and submitted with this petition, dated
July 2009, indicates the following:
. The project site includes mixed wetlands hardwood; dwarf cypress; cypress;
cypress/mixed hardwoods; wetland scrub; freshwater marsh, disturbed; exposed rock
with marsh grasses; borrow areas; and fill areas. Besides the borrow pits and fill
areas, which account for approximately 7 percent of the site, the entire site is
wetlands.
. The summary table of listed species known to inhabit the site, or similar habitats as
found on site, indicates that there are thirteen potential state and federal listed animal
species and eight potential protected plant species that could be found on or utilizing
the site. The site lies within primary panther habitat and the far most western portion
lies within primary bear habitat with the remainder of the site lying in secondary bear
habitat. A detailed listed species survey will be required at the time of the rezone.
The project site shows disturbance in the form of numerous unpermitted OHV trails
which cross the property in all directions and also unpermitted camp sites. No
information has been submitted as to the frequency of their use. Appendix V.D.5b
indicates that approximately 27 miles of hikinglbicycling/wildlife trails and 22 miles of
OHV trails exist on the subject site. The applicant proposes to keep or create 10 miles
hikinglbicycling/wildlife trails and 15 miles of OHV trails. The 15 miles of proposed
"hardened" OHV trails would be 5' - 12' in width with the remaining 7 miles of existing
OHV trails to be restored to their natural condition.
Some of the proposed trails may be realigned to restore natural sheet flow to the area.
However, the drainage plan indicates the perimeter of the property would be graded,
potentially limiting sheet flow across the site from surrounding areas. This plan also
indicates the existing borrow pits may be used for storm water management, which would
require underground piping and dry retention for pretreatment resulting in further wetland
impacts. The stormwater management system will be finalized before the final
development plans are approved.
A hydrologist with Big Cypress National Park has indicated the site is flooded most of the
year. Approximately the western third and the north half of the site. which is
18
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
predominately dwarf cypress, is flooded from June through January and the rest of the
site is flooded from June through March.
The Florida Fish and Wildlife Commission (FWC) maintains a Wildlife Management
Area on and surrounding the site and has submitted preliminary informal comments that
have been attached to this staff report (see Attachment 1).
The petitioner has not submitted adequate data to support the proposed uses. Therefore
the Engineering and Environmental Services Department staff cannot support the petition
and recommends that this application not be transmitted to the Department of Community
Affairs.
IF the petition is forwarded with a recommendation to transmit, the Engineering and
Environmental Services Department staff recommends changes to the originally proposed
language in the application as shown in Attachment 3.
Historical and Archaelol!ical Impacts:
The Collier County Historic and/or Archeological Sites Probability file indicates no
historical/archeological sites on the subject property (Appendix V.C.3a). Further, the
Florida Master Site File lists no previously recorded cultural resources on the subject site
(Appendix V.C.3b). However, one previously recorded site lies in the west portion of
Section 16 which is outside the subject property. Further, several identified
archaeological sites lie outside of and generally south ofthe subject property.
Traffic Canacitvrrraffic Circulation Analvsis and Imnacts:
Transoortation Element:
Transportation Planning Department staff has reviewed the applicant's Traffic Impact
Statement (TIS) and has detennined that the roadway network has sufficient capacity to
accommodate this project within the 5 year planning period. Therefore, the subject
application can be deemed consistent with Policy 5.1 of the Transportation Element of
the Growth Management Plan (GMP).
US-4l (Tamiami Trail East) Imnacts:
The first concurrency link that is impacted by this project is Link 97, Tamiami Trail East,
between SR-29 and the Dade-Collier County line. The project generates 11 PM peak
hour, peak direction trips on this link, which represents a 1.26% (insignificant) impact on
this roadway. This segment of Tamiami Trail East currently has a remaining capacity of
631 trips, and is currently shown at LOS "B" in the 2008 AUlR.
No subsequent links of Tamiami Trail East are significantly impacted; as such, the 2%-
2%-3% analysis was terminated at the first concurrency segment.
Please note that peak event operational traffic has not been analyzed for this project,
rather only a capacity-related review was performed as part of the required
Transportation Element Policy 5.1 review. The peak event traffic will be necessary to
review at the time of initial SDP approval for operational requirements, such as turn lanes
19
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
at the project entrance. Staff recommends that an SDP, SIP, or other appropriate
submittal type be made a stipulation of Staff's recommendation of approval for this GMP
Amendment.
Public Facilities ImDacts:
Regarding communications capabilities to the subject project site, the airport has an
FAA-certified telecommunications, data, electronics, and navigation system on site.
Wired telephone and internet services have been verified as existing in the airport's
control room. Accordingly, wired communications to the project site are feasible.
However, in a letter dated July 8, 2009 from Milian, Swain &Associates, Inc. to the
Comprehensive Planning Department staff, it was stated that, "It is true that cell phone
reception is marginal. and is mainly dependent on the reception availability of each
network." Accordingly, any emergency responses to events within the I ,608-acre project
site would be severely hampered IF cell phone service is limited or non-existent.
The applicant prepared public facility impact analyses as part of this petition. Below is a
summary of these analyses along with staff comments.
· Potable Water. (Appendix V.E.Ia). The subject site is located approximately 43
miles east of the existing and future area serviced by Collier County Public Utilities
Division; will not be served by the Collier County Public Utilities Division; will not
impact the capacity of the existing public water distributiOn/transmission and
treatment system; and, thus, is exempt from the LOSS of the Capital Improvements
Element of the GMP. The applicant indicates that potable water and site fire
protection for the development may consist of on-site well(s) with approved
purification system(s) designed, pennitted, constructed, monitored and maintained in
conformance with county/state health department standards, the National Fire
Protection Association and South Florida Water Management District Water Use
Pennit(s). This project will have no impact on the Collier County Public Utilities
Division.
. Sanitary Sewer. (Appendix V.E.1b). The subject site is located approximately 43
miles east of the existing and future area serviced by Collier County Public Utilities
Division; will not be served by the Collier County Public Utilities Division; will not
impact the capacity of the existing public/transmission/pumping and treatment
system; and, thus, is exempt from the LOSS requirements of the Capital
Improvements Element of the GMP. The applicant indicates that the sanitary sewer
system for the new development may consist of an on-site septic tank/drain field
system(s) strategically located within the proposed development and designed per
F.A.C. requirements, considering required setbacks from potable water wells and
environmentally sensitive (wetlands) areas. This project will have no impact on the
Collier County Public Utilities Division.
. Drainage. (Appendix V.E.Id). The subject property is in a semi-natural state which
includes wetlands, cypress and hardwoods. However, five man-made quarry lakes
were excavated in 1968 to provide fill for the construction of the airport and access
road from U.S. Highway 41. The project is located in the Collier County - Gator
Hook Strand Basin and within the Big Cypress Watershed Basin. The drainage Level
20
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
of Service for the project must comply with the goals, objectives and policies of
Chapter 6 of the Land Development Code and the GMP (Future Land Use, Public
Facilities Element-Drainage Sub-element and the Conservation and Coastal
Management Elements). Additionally, the project is located within the Big Cypress
ACSC and, thus, subject to review by the Florida Department of Community Affairs.
Further, as the project is greater than 40 acres in area and impacts existing wetlands
with the Big Cypress Watershed Basis, the Big Cypress Basin Board and the South
Florida Water Management District will have jurisdiction over review and approval
of the design, permitting and implementation of drainage/storm water management
systems at this site. This project will require documentation of compliance with all
applicable laws and regulations at the time of any rezone and/or site development
plan review.
. Solid Waste. (Appendix V.E.1e). This project is projected to generate approximately
184 pounds of solid waste/day or 36 tons per year and is located well outside of the
Collier County Solid Waste Management Department waste collection area. The
applicant anticipates that collection and disposal of solid waste and recyclables
generated from proposed development activities will be conducted by a private solid
waste hauler under contract with the property owner with the closest solid waste
recycling facility to the project site located at the Carnestown Recycling Center in
Everglades City. The applicant indicates that Center does not have the capacity to
service the project site and that the Collier County Landfill and the Immokalee
Transfer Station were identified for alternative solid waste disposal sites. This project
will require documentation of compliance with all applicable laws and regulations at
the time of any re-zone and/or site development plan review.
. Parks. A June 2, 2009, letter from the Collier County Parks and Recreation
Department to the Miami-Dade County Parks and Recreation Department (see
Appendix V.D.5b.2) indicates that Collier County has been actively searching for
suitable park land to offer recreation and OHV activities, including the 640-acre
South Florida Water Management District site at Lake Trafford, and references the
Collier County Board of County Commissioners' (BCe) Resolution No 2009-144
(Appendix V.D.5b.14) which supports the development of the subject project on the
1,608-acre site owned by Miami-Dade County. According to the Collier County
Parks and Recreation Department, Collier County's current role with Miami-Dade
County will be limited to support of this GMPA as outlined in Resolution 2009-144.
A future Cooperative Agreement between Collier County and Miami-Dade County
may be developed and may include, but not be limited to, the encouragement and
support of the usage of the Dade-Collier Cypress Recreation Area by Collier County
residents as well as other cooperative commitments as approved by the BCC.
FINDINGS AND CONCLUSIONS:
The subject 1,608-acre project site is part of the approximate 66% of Collier County
under public ownership and earmarked for public conservation and preservation
purposes. The following are findings and conclusions as a result of the reviews and
analyses of this GMPA request:
21
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
1. Impact on environmentallv sensitive area. This proposed project is located within
the Conservation Designation, the Big Cypress Area of Critical State Concern,
and the Big Cypress National Preserve. The U.S. Fish and Wildlife Service's
FWS National Wetlands Inventory classifies this site as "Freshwater
Forested/Shrub Wetlands". A hydrologist with Big Cypress National Park has
indicated the site is flooded most of the year. The applicant's FLUCCS data
indicates 93% of the site is wetland habitat. This project will cause negative
environmental impacts upon this site and surrounding areas due to substantial
increases in visitors, RVs, OHVs and other motorized vehicles associated with the
organized expansion and use of this site for both passive and active (OHVs)
recreational pursuits.
2. ImDacts of other alternative sites for OHV usal!e. This application does not
address other competing alternative sites for OHV usage, both existing and
planned. Thus, this application has failed to show a compelling need to introduce
OHVs and related RV and motorized passenger traffic into the subject
environmentally sensitive site. The following OHV facilities are located in less
environmentally sensitive areas: the existing privately owned and operated
Redneck Yacht Club in Punta Gorda in Charlotte County; the proposed Lake
Trafford de-mucking site in Collier County; and the NPS - proposed 140 miles of
OHV trails within the "addition lands" of the BCNP off 1-75 and SR 29 in
addition to the existing 400 miles of OHV trails located in the original BCNP.
Additionally, in Miami-Dade County, the Lands East of Homestead Speedway
and the FRS Holdings sites were identified in the Park and Recreation
Department Off-Hi2hwav Vehicle Trails Feasibilitv Study for Miami-Dade
County; Au(!Ust. 2007 (Study) as potential OHV sites. These sites, along with the
1,608-acre subject site in Collier County, were referred to in this Study as
follows: "The other sites [other than the subject 1,608-acre site] offer potential
opportunities for permanent OHV facilities. The Lands East of the Homestead
Speedway and the FRS Holdings sites, both located in south Miami-Dade County,
share many physical characteristics with the preceding [the subject site] while
having fewer environmental constraints, but are less suitable overall because of
their ownership composition." Further, the subject site is the most
environmentally sensitive site of the top contending sites analyzed within this
Study. There is insufficient evidence presented in this GMP A application
documenting that the proposed project will "safeguard the integrity of Florida's
natural resources" which is the stated intent of the T. Mark Schmidt Off-Highway
Vehicle Safety and Recreation Act.
3. Inconsistencv with the existinl! Conservation Designation Drohibition of
recreational uses involvinl! motorized vehicles. The LDC defines "passive
recreation" as recreational uses not involving the use of motorized vehicles. This
project would introduce a yet-to-be-determined additional number ofOHVs into
this proposed 1,608-acre park. Accordingly, the proposed OHV usage may be
found inconsistent with the existing Conservation Designation.
22
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
4. House Bill 697. This application does not quantify and address greenhouse gas
emissions (required by HB 697) which would occur as a result of this project.
5. Inconsistencv with Policv 1.1.4 of the ROSE of the GMP. This project could be
found inconsistent with this Policy in that this remote site is located in an area
where major population growth is neither expected nor permitted.
6. Inconsistencv with Policv 1.8 of the Economic Element of the GMP. This project
may be found inconsistent with this Policy in that this project will have a negative
impact on the environment.
7. Inconsistency with Dover. Kohl & Partners Dublication. Toward Better Places:
The Community Character Plan for Collier County. Florida. This proposed
GMPA and resulting 1,608-acre project is in conflict with the following passage
of this publication in which reference is made to the approximate 66% of Collier
County set aside for conservation and preservation purposes through public
ownership or permanent land use limitations:
"The parks and wildlife refuges were designated to restore the Everglades
ecosystem, protect water quality and aquifer recharge, and protect listed
species, such as the Florida panther (Felis concolor coryi), Florida black bear
(Ursus americanus floridanus), and other species, which utilize this region for
their migrations and home ranges. "
The introduction oflarge munbers of motorized vehicles, both OHVs and highway
permitted vehicles (Le. RVs, automobiles, and small trucks), and related park users
are indicators that this project would not carry out the conservation and
preservation purposes as stated above.
8. Inconsistencv with established emergencv resDonse times levels of service.
Documentation within this GMP A application and staff analysis clearly establishes
that emergency response times of 30 minutes or more to the subject site by Collier
emergency responders could be expected. This response time substantially exceeds
the Level of Service for these emergency services. Response times could be further
lengthened due to documented marginal cell phone service, resulting in further
possible delays in initial contacts with emergency responders.
9. Future similar GMPA annlications. A substantial demand for ORV usage in all of
South Florida is established within the application documents. The approval of this
GMP A request could lead to requests for future similar GMP As on other private
and publicly owned environmentally sensitive lands within Conservation
Designation. The approval of this GMP A and other possible similar future GMP As
could, collectively, diminish the intent and purpose of the Conservation
Designation in Collier County.
23
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
NEIGHBORHOOD INFORMATION MEETING (NIMl NOTES:
The NIM, as required by LDC Section 10.03.05, was conducted on August 3, 2009 at the
Oasis Visitors' Center- Big Cypress National Preserve located north of Mile Marker 55
on U.S. Highway 41ITamiami Trail after the agent/applicant duly noticed and advertised
the meeting. A total of 13 people attended this NIM and the following is a synopsis of
this NIM:
[Synopsis prepared by Thomas Greenwood. AICP. Principal Planner]
. Remarks. concerns. and Questions vetted:
1. The question of being able to access adequate medical attention was responded to
by stating that the availability of cell phones, 800 mhz radios and medical kits on-
site will allow timely access to medical attention. It was stated that the Ochopee
fire station response time to the subject site is approximately 30 minutes.
. Maior issues/contentions: none
. Positive comments/aDorovals:
1. The location of this park and its remoteness from emergency services is superior
to being in the middle of the Big Cypress National Preserve.
2. A person stated that he is not an "OHV guy" but supports the other proposed uses
of the site.
. Agent/aDDlicant/developer statements of commitment:
1. OHVs will be limited to ATVs and motocross. Swamp buggies will not be
allowed.
2. The park will be closed during dry and wet seasons.
3. Approximately one half of the existing OHV trails will be removed and the
remaining trails will be hardened for use for OHV s, hikers, and bicyclists and only
about 1/10 of I % of the 1 ,608-acre site will be devoted to trails.
4. Collier County and Miami-Dade County have each approved resolutions indicating
an interest in developing this site as a park for OHV use in order to reduce the
amount of OHV trespassing, loss of life, wildfires and damage to natural and
agricultural areas and as a functional replacement for the 2005 closure of the
Picayune Strand which was previously used by OHV riders.
5. Users of the OHV trails will need to show proof ofOHV registration with the State
of Florida and pay a fee.
6. The old trails, not proposed for use, will be removed before the OHV trails are
open for public use.
Conclusion time ofNIM: Approximately 7:55 P.M.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:
The Environmental Advisory Council heard and vetted this application on September 2,
2009 for approximately two hours. Entered into the record were emails and letters shown
as Attachment 2, which express opposition and cautionary concerns relative to this
application for a GMP A.
A series ofletters and memos in support of the application and project were entered into
the EAC record and are included within Exhibit V.D.5b.15 of the application. Wayne
24
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Jenkins was the only public speaker, and introduced himself as the President of the
Collier County Sportsman and Conservation Club and a member of the BCNP advisory
committee for OHVs. Mr. Jenkins spoke personally in support of this GMPA, stating that
there is an increasing need for OHV facilities; that there are very few places set aside for
legal use ofOHVs; that the BCNP limits OHV permits to 2,000 per year; that there is a
need for a managed facility; and that the subject site has already been disturbed and that
OHV use has occurred there since the 1950's.
By a 3-2 vote, the EAC recommended to the Planning Commission and the Board of
County Commissioners to transmit this GMP A application to the DCA with some
modification to the proposed FLUE text language, as shown in Attachment 3.
EAC members voting with the majority cited the following in support of their positions:
. There is a need for additional legally operated OHV facilities in Collier County
and there is currently no publicly owned site within the County.
· The operation of the subject site as an OHV facility would likely reduce the
illegal use of OHVs on other properties, including environmentally sensitive lands
and fannlands.
· The Lake Trafford property and Pepper Ranch properties in Collier County are
not likely locations for OHV usage.
· The benefits provided by OHV usage on the subject site outweigh the negative
impacts.
· If OHV use on the subject site has been done illegally over the past 50 years, the
approval of this GMP A would make the use legal and allow for a managed site
for OHV usage.
EAC members voting in opposition to the majority cited the following in support of their
positions:
· The site is located in the ACSC and has a Conservation Designation on the FLUM
and intended to be preserved in its present natural state.
· The intent of the Conservation Designation is to limit recreational uses to passive
recreational activities. Motorized vehicles for recreational uses are strictly
prohibited.
· Ninety-three percent (93%) of the site has been designated wetlands. The dry and
wet seasons prohibition of use of the site (according to the applicant) would likely
result in the site being closed more than half the year.
· Data and analysis provided was insufficient to show the impact on endangered
and threatened species and green house gases. Data and analysis to show how this
site is different from nearby non-tidal ACSC lands within the Conservation
Designation on the FLUM was not provided (as requested by staff).
· The applicant failed to address emissions generated by long drives from the
Florida East Coast to access the site.
. The application and the resulting project would not safeguard natural resources.
LEGAL CONSIDERATIONS:
This staff report has been reviewed and approved by the Office of the County Attorney.
25
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition No.
CP-2009-1 to the Board of County Commissioners with a recommendation not to
Transmit this application to the Florida Department of Community Affairs.
IF the CCPC chooses to recommend transmittal, staff recommends the following
revisions to the applicant's proposed District text language (for proper code language,
format, clarity, etc.):
Note: Single underline text is new text proposed by the applicant; double underline text
is staff-proposed additional text and double elPil[8 !h.re. is staff-proposed deleted text.
IV. CONSERVATION DESIGNATION
[FLUE page 86]
************************************************************************
[3 rd paragraph]
Natural resource protection strategies and standards for development in the Conservation
Designation are found in the Conservation and Coastal Management Element and the
County's Land Development Regulations. The Conservation Designation will
accommodate limited residential development and future non-residential uses. The
following uses are authorized in this Designation, . but mav not be oermitted in all
Districts. and may be subiect to snecific criteria. conditions and develonment standards
than those listed below.
************************************************************************
A. Dade-Collier CVDress Recreation Area District [FLUE page 87]
The Dade-Collier Cypress Recreation Area District encomoasses aooroximatelv 1.608
acres ofIand located within Sections 13. 14. 15. and 16 ofTownshio 53 South. Range 34
East. adioining the Miami-Dade/Collier County line north of U.S. Hil!hway 41 and south
of the runwav of the Dade-Collier Training and Transition Airoort. and within the Big
C'<Press Area of Critical State Concern (ACSC). All lands within this District are entirelv
owned bv Miami-Dade County and ill.hllles include wetlands. cvoress and hardwood
forests. and five man-made lakes.
The orimarv pUlllOse of this District is to enhance the existing natural resources while
providing for an aoorooriate level of recreational uses beneficial to the county and the
ree:ion.
The uses allowed within this District. with limitations specific to this District. orovided
there is a nrohihition from oneration durin2 the neak wet season and the neak drv sea.l\on
in conformance with an annroved adantive comnrehensive management oIan as set forth
herein to be annroved at the time of rezone. are as follows:
a. Visitors' center building: - for administrative offices. orientation area. meeting:
room. and restrooms - not to exceed 2.400 SQuare feet:
26
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
b. Parking lot ]i_eEi ~e a 81l!!IUil\' - not to exceed ef 80 oassenger vehicles and
associated trailers:
c. Primitive CamoinlZ - not to exceed 10 acres:
d. Recreational vehicle camoing - not to exceed ] 0 acres:
e. Fishing piers and docks - not to exeed 300 acres:
f. Mu]ti-use trails for oedestrians and bicvcles+. wildlife viewing olatforms and
overlooks - not to exceed 45 acres and 10 miles of trails:
g. 'L\~ihRif8 ..ie-;:itu!slaK"8FfBB aad S.;Sr18S!iOI
g. Archerv ran2e - not to exceed 10 acres):
h. Off highway vehicles (OHV) - not to exceed] 5 acres and 15 miles of traillenPth
and limited to use on imnroved trails: and
i. Other uses as allowed in the Conservation Designation.
Develooment within this District. exceot for trails. _ shall be concentrated ell within
already disturbed areas &IeM within the western oonions of the site. orimarily in Section
16. All develonment shall comnlv with the Area of Critical State Concern Overlay
standards excent for section 1. Site Alteration. standard d. which nrohihits destruction or
alternation of manQ"rove 1:rf"..es. salt march Irrasse.~ and all wetland nlants listed hv the
Rorida Denartment of Environmental Resnllation in Chanter ]7-30]. Florida
Administrative Code. as amended.
The drainage and storm water management systems for this District _ shall be
designed to be comoatible with environmental site assessments. develooment and
mitigation strategies. environmental enhancements and regulatorv reauirements. Site
develooment _ shall restore/realign existing trails oreviously created by swamo
buggies that traverse the site orimarily in an east/west direction. Lake edges _ shall be
imoroved with a shallow littoral zone where determined aoorooriate.
At the time of rezoning. an adaotive comorehensive management clan shall be orovided
that includes:
1, OHV uses as defined in ES. 261.03 and 261.20 for ooeration of OHVs on
oublic land. These soecifications _ shall address vehicle and tire size. noise
control. orohibition of certain OHV tvoes (e.g. tracked vehicles), orohibition of
devices affixed to tires (e.g. tire chains). OHVs for this site shall be limited to
ATVs and motocross vehicles. Swamn hlH?Q'ies are nrohibited
2. An OHV insoection orOl!:I'llm and vehicle registration orogram.
3. Provisions to demarcate site boundaries.
4. Definitive location of all orooosed uses - camosites. oarking areas. archerv
range. OHV trails and trail access points. oedestrian and bicycle trails. etc.
5. Development intensity limitations - maximum number of RV and orimitive
camoing sites. cao on number of OHV users daily. etc.
6. Monitoring orovisions to ensure OHV compliance.
7. Enforcement orogram for comoliance with all site/oark restrictions and
limitations.
27
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
8. Specification of periods of ooeration. especially for OHVs - daily hours of
operation. oeriods of closure (e.g,. hig,h water. fire threat. hurricane threat).
seasonal restrictions or closure.
9. Monitoring, for detrimental impacts upon listed species.
lQ, Restoration plan for presently disturbed portions of the site not to be utilized
(e.g,. most of the existing, OHV trails). and creation oflittoraI zones for all lakes
-.nAleF8 8esmaa ge8fSBPilltS.
.!h Demonstration of compliance with the ACSC limitations (e.g,. maximum site
alteration of 10%), except for Section J.d.. as provided aboye.
11. );Je :iMiBB t8 F08li8Bt diBusROee 18 Melia irnEaeted lcr: 88-, als81IlMt in the
}~CgC 7Atere liRa-:eis8.B18 1HI fa a :Rl8uiRllilB af 1 Q~ af the Neias! 8MB.
PREPARED BY:
~~~
9-2'7-0{
DATE:
THOMAS GREENWOOD, AICP, PRINCIPAL PLANNER
COMPREHENSIVE PLANNING DEPARTMENT
REVffiWEDBY:
y;;; ~ l,J,.A
DAVID WEEKS, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING DEPARTMENT
DATE: f- 2..'{-0"(
REg ()
R Y C , AICP, DIRECTOR
COMPREHENSIVE PLANNING DEPARTMENT
DATE: 1-21- 0'"
DATE:
9/~/d'
, ,
EPH K. SCHMITI, AD ISTRA TOR
MMUNITY DEVELOPMENT AND
NVIRONMENTAL SERVICES DIVISION
28
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
PETITION NO. CP-2009-01
Staff Report for the October 19, 2009, CCPC Meeting.
NOTE: 'This petition has been scheduled for the January 19, 2010, BCC Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
29
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
ATTACHMENT 1
Please note that FFWCC is a partner with property owner and Jetport Conservation and
Recreation Club, and we support both historical and future appropriate recreation and
conservation of the Jetport area.
Please note that at this time we are interested in what is proposed, and can provide
specific comment(s) when more information becomes available. In the interim, some
potential issues fish, wildlife and recreation might include:
PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT
FORMAL COMMENTS
. Traditionally, hunting within the proposed recreation area was limited and
occurred mainly north of the airport, but impacts to recreational hunting and
wildlife habitat might occur from increased disturbance (i.e. vehic1elhuman
activity) in the project area. In particular, deer and snipe hunting, as well as
wading bird, black bear and panther foraging.
. Soils in the Jetport area are very shallow/sensitive to disturbance, and the stability
of proposed trail system is of concern due to potential for increased erosion and
loss of wildlife habitat.
. Our office partners with the Jetport Conservation and Recreation Club on a
number of natural resource management projects such as exotic plant control, and
there is concern that increased activity in the area might increase the spread of
exotic plants and animals in the area.
. The Jetport area is a remote location with numerous existing trails north of the
proposed recreation area without gates or fences restricting access, and there is
concern that people will not stay within designated areas.
. Big Cypress Preserve issue permits to use off-road vehicles within the area, and
there is concern that people will enter BCP without appropriate authorization.
Please keep our office in mind during further outreach and consultation.
Thanks,
Tad Bartareau,
Fisheries and Wildlife Biologist II
Florida Fish and Wildlife Conservation Commission
566 Commercial Blvd.
Naples, FL 34104-1709
Phone: (239) 643-4220
Cell: (239) 253-5752
Fax: (239) 643-0385
Tad.Bartareau(a)MvFWC.com
30
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
E
ATTACHMENT 2
Pa e 1
-IN COWER COUNTY FLORlDA-
. ENVIRONMENTAL ADVISORY COUNCIL MEEllNG: SEPTEMBER 2, 2009
. COLUER COUNTY PLANNING COMMISSION TRANSMnTAL HEARING:
OCTOBER 19, 2009
. COWER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMnTAL
HEARING: JANUARY 19/FEBRUARY 2, 2010
JULY 30, 2009 EMAIL FROM TED BARTAUREAU TO LAUR ROYS OF THE ENGINEERING
AND ENVIRONMENTAL SERVICES DEPARTMENT
From: Bartareau, Tad [mailto:tad.bartareau@MyFWC.com]
Sent: Thursday, July 30, 2009 1 :02 PM
To: RoysLaura
Cc:GreenwoocITnomas
Subject: RE: Dade-COllier Cypress Recreation Area District
Hi Laura,
The Big Cypress Wildlife Management Area is outside the fenced airport area, and includes all of
the proposed recreation district. The attached regulations for current hunt season illustrate the
WMA management units and outline hunting and recreation regulations.
Please note that FFWCC is a partner with property owner and Jetport Conservation and
Recreation Club, and we support both historical and future appropriate recreation and
conservation of the Jetport area.
Please note that at this time we are interested in what is proposed, and can provide specific
comment(s) when more information becomes available. In the interim, some potential issues fish,
wildlife and recreation might include:
PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT FORMAL
COMMENTS
. Traditionally, hunting within the proposed recreation area was limited and occurred
mainly north of the airport, but impacts to recreational hunting and wildlife habitat might
occur from increased disturbance (i.e. vehicle/human activity) in the project area. In
particular, deer and snipe hunting, as well as wading bird, black bear and panther
foraging.
. Soils in the Jetport area are very shallow/sensitive to disturbance, and the stability of
proposed trail system is of concern due to potential for increased erosion and loss of
wildlife habitat.
. Our office partner with the Jetport Conservation and Recreation Club on a number of
natural resource management projects such as exotic plant control, and there is concern
that increased activity in the area might increase the spread of exotic plants and animals
in the area.
. The Jetport area is a remote location with numerous existing trails north of the proposed
recreation area without gates or fences restricting access, and there is concern that
people will not stay within designated areas.
. Big Cypress Preserve issue permits to use off-road vehicles within the area, and there is
concem that people will enter BCP without appropriate authorization.
31
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Attachment 2, page 2
Please keep our office in mind during further outreach and consultation.
Thanks,
TB
August 13, 2009 EMAIL FROM BRAD CORNELL TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
From: Brad Cornell [mailto:millercornell@mindspring.com]
Sent: Thursday, August 13, 2009 1:11 PM
To:Greenw~omas
Subject: GMPA CP-2009-01 Dade-Collier Cypress Recreation Area
Hi Tom,
I wonder if you could share with me the details of this GMPA and any staff report drafts that have
been prepared for committee reviews. I have serious concerns about the compatibility of this
proposed land use with the surrounding conservation lands.
Thanks,
Brad
**********************************
August 20, 2009 EMJ\JL FROM JULIE HUNAN TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
I am vehemently opposed to the creation of a recreation area in panther habitat. We,
as humans, have ENOUGH areas to recreate. Contrast this fact to the complete lack
of habitat the panthers have currently. It is unthinkable to take away even more from
the panthers. This would be completely immoral.
Sincerely,
Julie Hanan
Lutz, FL
************************************
August 20, 2009 EMAIL FROM CAROLE BASKIN TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
From: Carole Baskin [mailto:savethebigcats@gmail.com]
Sent: Thursday, August 20,20091:23 PM
To: GreenwoodThomas
Subject: No motorized vehicles
Dear Thomas Greenwood,
Big Cat Rescue represents more than 70,000 animal loving supporters and we oppose
ANY further development within Florida Panther habitat. We strongly oppose the use of
motorized vehicles in our parks as well. Such use destroys not only the habitat for the
animals who call our wild areas home, but also destroys the enjoyment of visitors who
have come to experience nature.
For the cats,
32
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 3
Carole Baskin, CEO of Big Cat Rescue
an Educational Sanctuary home
to more than 100 big cats
12802 Easy Street Tampa, FL 33625
813.493.4564 fax 885.4457
August 20, 2009 EMAIL FROM CHRISTI PORCH TO TOM GREENWOOD, COMPREHENSIVE
PLANNING DEPARTMENT
Hello Mr. Greenwood
I am contacting you to implore you to reconsider creating yet another recreation area within Big
Cypress National Preserve. Too many of our endangered Florida panthers live in this area.
These animals do not have enough land as it is and what land is there is keeps being encroached
on by human development. I have lived in Florida all my life (45 years) and n is really disgusting
how the state has been continually decimated with development and urban sprawl. People do not
have a right to destroy all of the state's natural areas. Motorized vehicles traipsing thought the
woods in sensitive areas like the Big Cypress National Preserve where these animals live does
not help preserve the species. It is a disgrace.
Please do not destroy more land to build another recreation area In the. Jetport" region of Big
Cypress National Preserve. Have a heart for the panthers that still remain. Don't they deserve a
place to live too? They were here first.
Christi R. Porch
Director of Sales
Hampton Inn & Suites Tampa North
Ph (813) 903-6007 Fx (813) 977-3343
www.tamoanorthsuites.hamDtoninn.com
***************************************
AUGUST 20, 2009 EMAIL FROM ALYCE MCCATHRAN TO TOM GREENWOOD IN
COMPREHENSIVE PLANNING DEPARTMENT
Dear Sir:
As a permanent Florida resident, I am writing to voice my concerns over
destroying more of our wildlife's habitat for unnecessary use by humans. We
have enough recreational areas, etc., which cost money to build and then to
maintain. With every area of our State and local governments crying poor-
mouth and cutting budgets, why would we plan to spend money on such a
frivolity? The Florida panther is already close to being an endangered specie,
and the Everglades are even becoming endangered.
I would urge you to not approve this plan.
Thank you for your consideration.
Alyce McCathran
33
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Attachment 2, page 4
6513 Bimini Court
Apollo Beach, Fl. 33572
(813) 645-5141
****************************************
AUGUST 20, 2009 EMAIL FROM M. LUBEL TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
Thanks for your incisive analysis and comment on this ill-advised application. While I
will not be able to appear for comment at the September 2nd meeting, I would like to
provide my thoughts for decision makers. Is there a way to do that bye-mail, phone or in
writing? I will also be contacting Miami-Dade County Parks to voice my concerns.
*********************************
AUGUST 20, 2009 EMAIL FROM JAMAKA N. PETZAK TO TOM
GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT
Dear Mr. Greenwood:
AS a lifelong advocate for felidae of all species, I wish to add my
voice to those opposing any and all development within the habitat of
the last remaininQ populat10ns of extremely rare and endangered Florida
panthers. There 1S simply no valid reason why development should take
place within this environment.
Extinction is forever. The last numbers of these magnificent
cats stand on the brink, and are being lost to human encroachment as I
write. Development simply cannot take precedence over these beautiful
and unique felines.
sincerely,
Jamaka N petzak
imuhiacat@att.net
*********************************
AUGUST 20, 2009 EMAIL FROM PAMELA RODRIGUEZ TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
Dear Sir,
What will humans think of next!! Instead of encroaching on the habitat of the Florida Panther,
shouldn't we
be trying to protect it??? Allowing motorized vehicles in the park is an awful idea.
Please Sir, reconsider this destructive plan, instead spend the time, and money on educating
the
public on how we can protect our wildlife which is disappearing at an alarming rate.
Yours truly,
Pamela Rodriguez.
********************************
AUGUST 21, 2009 EMAIL FROM MERRILL KRAMER TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
Dear Mr. Greenwood:
34
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 5
I strongly oppose the creation of a recreation area in the "Jetport" region of Big Cypress National
Preserve. The recreation area will authorize the use of motorized vehicles on designated trails
and the construction of a visitor's center. This area is within panther habitat. As you know, the
species is already horribly threatened by encroachment into their shrinking habitat. This will
only encourage their extinction and degradation.
Don't we as humans have enough areas to recreate while panthers don't even have enough
land to live?
-Merrill Kramer-
Clearwater, Fl
"Saving one animal may not change the world...
But surely, for that one animal,
life will change forever..."
Big Cat Rescue needs your help in feeding previously abused big cats who are now living their
lives in a protective sanctuary! Help feed these cats every day with a simple click, at no cost to
you. Click on bone or visit httD://www.BiRCatRescue.ol.llllcare.htm
today!
*****************************
Dear Mr. Greenwood,
Please consider the op1n10ns of those, who like myself, are opposed to ANY
further development within the habitat of the critically endangered
Florida Panther. This unique native animal is on the verge of extinction
and holds the designation of "critically endangered", with only about lee
individuals remaining mostly in southern Florida. The most important
factor to prevent extinction is the protection of sufficient habitat for
the Panther to live undisturbed and make a living. Florida has not set
aside protected habitat to date, therefore each individual decision such
as the one you are currently considering are pivotal.
Florida has numerous parks, recreational areas and opportunities which
already are among the best in the country. The Florida Panther needs all
available undisturbed habitat much more than we need another recreational
area for human use. Please decline further development and the use of
35
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 6
motorized vehicles in any of the remaining wild lands under your
jurisdiction.
Sincerely,
Beth Kamhi, DC
bethldcaearthlink.net
23110 State Rd 54 ff146
Lutz, Fl 33549
978-985-6595
August 21, 2009 EMAIL FROMDEBORAHALBERT[debalbe@yahoo.com] TO TOM
GREENIIOOD, COMPREHENSIVE PLANNING DEPARTMENT
**********.*******************
AUGUST 24, 2009 EMAIL FROM EMAIL ADDRESS: LUBELM!iMOL.COM TO
TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT
I am writing to express my strong opposition to this misguided application and to urge
that it be denied at the September 2nd meeting. The staff report to the EAC details
36
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 7
numerous reasons for the denial of this application including the likelihood of negative
impacts to water flow, endangered or threatened animal and plant species, solitude of the
nature experience as well as general and environmental impact. These reasons alone
should be sufficient for denial.
I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an
ORV permit issued by Big Cypress and use same in the Bear Island area. The creation of
a visitor center along with an 80 car parking lot is unnecessary and duplicates the services
offered at the Oasis Visitor Center a few miles to the west. The creation of OHV or ORV
trails in this area will serve to degrade the nature experience presently available. In my
years of experience hiking and biking in the Big Cypress, I can assure you that those
activities are not compatible with ORV use unless one enjoys swallowing large quantities
of road dust. The noise generated by these vehicles devalues the outdoor experience for
those who enjoy the serenity of a walk unaffected by the same type of motorized noise
one can hear while driving on US 41.
This area is prime panther and bear habitat. The panther is a federally protected
endangered species living in an Area of Critical State Concern. It is a conservation area
and ORV or OHV usage is not compatible with the protection of this species.
It should also be remembered that Big Cypress offers a huge amount of acreage available
to the ORV user. The Preserve issues 2000 ORV permits a year and is presently
considering making the Addition Lands available for an additional 700 permit users. The
trails available in the Big Cypress are in close proximity to the jetport area and are
already established. The good, if any exists in this proposal, is far exceeded by negative
environmental impact it will cause.
*********************************
AUGUST 30, 2009 EMAIL FROM EMAIL ADDRESS: LUBELMlIM.OL.COM TO
TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT
I am writing to urge the Dade County Parks Department to withdraw its ill conceived
plan for the "Dade-Collier Cypress Recreation Area District" pending for consideration in
Collier County. This proposal is costly, environmentally harmful, and duplicates services
and activities already available either on site or in close proximity to the project area.
This proposal to build a visitors' center building, an 80 car parking lot, fishing piers and
docks, an archery range as well as OHV trails in a conservation area of " critical state
concern" is simply unnecessary. The bulk of the proposal is window dressing to its
primary purpose of providing ORV trails for riders who are presently trespassing on
wetlands and agricultural areas in south Dade. This conclusion is referenced in both the
petition and its attached materials. It is not my assertion.
The conceived project is simply unnecessary. Miles and miles of existing ORV trails
already exist in the Big Cypress National Preserve, a few miles west of the proposed site.
37
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 8
Additionally, the Preserve is anticipating the opening of additional OHV trails in its
Addition Lands. OHV usage presently is not permitted at the proposed site.
Fishing, hiking and biking are already pennitted at the proposed site and additionally are
activities widely available throughout the Big Cypress National Preserve. The proposed
development site is within an environmentally sensitive area in Collier county. The area
includes primary habitat for the Florida panther, a federally protected endangered species.
It is also within primary and secondary habitat for the Florida black bear, also a protected
species. OHV usage within this area will degrade the habitat and is inconsistent with the
requirements of the Endangered Species Act.
The petition offers no information with regard to the provision of law enforcement.
Whose responsibility will this be? Has that entity agreed to carry this burden? There is no
information with regard to the number of OHV permits that will be issued nor any study
presented with regard to the environmental impact of the proposal. Trespassing, which
already exists in south Dade, will likely continue and proliferate from the development
site into the Big Cypress Preserve, What entity will provide law enforcement to limit
these intrusions.
Since fishing, hiking and biking already exist at he site, the only real rationale for this
costly proposal is to create an outlet for Dade County OHV usage. This plan negatively
impacts wetlands, the Florida panther and black bear as well as other threatened and
endangered plant and animal species. Certainly we can fmd less environmentally
sensitive lands to accommodate OHV trails and an archery range.
Please pass these comments to all interested decision makers.
AUGUST 24, 2009 EMAIL FROM KEN SHAPIRO TO TOM GREENWOOD,
COMPREHENSNE PLANNING DEPARTMENT
Mr. Greenwood,
I concur completely with the views expressed below.
Moreover, I find it truly appalling that Government officials would even be seriously
considering a plan that, like this one, calls for the destruction of at least 7 acres of
wilderness wetlands. This is a very bad idea and should be rejected. Please do not let
this plan go forward.
Ken Shapiro
-----Original Message-----
From: lubelm@Rn1.com
To: Thomasl!IeeIlwood@collieCl!ov.net
Sent: Mon, Aug 24, 2009 I :28 pm
Subject: Petition No: CP-2009-01 Dade-Collier Cypress Recreation Area District
I am writing to express my strong opposition to this misguided application and to urge
that it be denied at the September 2nd meeting. The staff report to the EAC details
38
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Acttachrnent 2, page 9
numerous reasons for the denial of this application including the likelihood of negative
impacts to water flow, endangered or threatened animal and plant species, solitude of the
nature experience as well as general and environmental impact. These reasons alone
should be sufficient for denial.
I hike, bike and fish in this area as well as in the adjacent Big Cypress. I also hold an
ORV permit issued by Big Cypress and use same in the Bear Island area. The creation of
a visitor center along with an 80 car parking lot is unnecessary and duplicates the services
offered at the Oasis Visitor Center a few miles to the west. The creation of ORV or ORV
trails in this area will serve to degrade the nature experience presently available. In my
years of experience hiking and biking in the Big Cypress, I can assure you that those
activities are not compatible with ORV use unless one enjoys swallowing large quantities
of road dust. The noise generated by these vehicles devalues the outdoor experience for
those who enjoy the serenity of a walk unaffected by the same type of motorized noise
one can hear while driving on US 4 I.
This area is prime panther and bear habitat. The panther is a federally protected
endangered species living in an Area of Critical State Concern. It is a conservation area
and ORV or ORV usage is not compatible with the protection of this species.
It should also be remembered that Big Cypress offers a huge amount of acreage available
to the ORV user. The Preserve issues 2000 ORV permits a year and is presently
considering making the Addition Lands available for an additional 700 permit users. The
trails available in the Big Cypress are in close proximity to the jetport area and are
already established. The good, if any exists in this proposal, is far exceeded by negative
environmental impact it will cause.
******************************************
AUGUST 24, 2009 EMAIL FROM JAMES WOODWARD TO TOM
GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT
Mr. Greenwood:
I understand you are soliciting comments regarding Dade County's request to
develop a 2.5 square mile area north of US41 and south of the Dade-Collier
Jetport runway for recreational use, including A TV trails, camping, support
buildings and parking lots.
My wife and I are frequent hikers in the Everglades. We neither own, nor want,
an ATV. In fact, the reason we go to the Everglades is to escape the noise of
"civilization." We have the pleasure of knowing Sam Vinikoff, an Everglades
artist of considerable stature. Sam has painted the Big Cypress for a significant
part of his almost 90 years and several of his paintings are on display in the
Oasis Visitors' Center in the Big Cypress. I am pleased to own a painting that
Sam did of precisely the area that Dade County wants to turn into a playground
for jet skis on wheels.
39
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Attachment 2, page 10
The point is, notwithstanding the occasional takeoff and landing at this site, it
remains, for reasons I can't understand, a relatively unspoiled and tranquil spot.
To allow the type of development proposed runs counter to all attempts to keep
the Big Cypress a refuge from noise, pollution and crowds. Storks, herons,
egrets, deer and other wildlife abound at this location. ATVs are a poor
replacement for native wildlife. We ask that Dade County's request be denied.
Please be kind enough to forward these comments to those making the
decision. Thank you.
James and Nicole Woodard
2701 S. Bayshore Dr., Suite 402
Coconut Grove, FL 33133
305.856.4559
AUGUST 25, 2009 EMAIL FROM ROSE FLYNN TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
PLEASE CONVEY MY WISH THAT THE BOARD DENY THIS APPLICATION AT THE
SEPTEMBER 2ND MEETING AS IT IS A THREAT TO ENDANGERED ANIMAL AND PLANT
SPECIES IN THE BIG CYPRESS AS WELL AS WETLAND DESTRUCTION AS IT WILL
IMPACT THE WATER FLOW. THERE ARE MANY MORE REASONS AS OUTLINED BY THE
STAFF REPORT THAT I'M SURE YOU ARE FAMILIAR WITH.I AM A HIKER AND BIG FAN
OF THE ENTIRE AREA WITH GEAT RESPECT FOR THE WILDERNESS AREA AS WELL AS
THE PEOPLE WHO INHABIT IT. I BELIEVE THERE IS ALREADY ACCESS IN THE WAY
OF OHVS AND ORVS SUFFICIENT FOR MOTORIZED ENJOYMENT. AS A HIKER I AM
MORE INTUNE TO THE SOUNDS OF THE BIRDS, INSECTS, ANIMALS, WIND AND TREES
THAT MAKE THIS AREA SO BEAUTIFUL AND TRANQUIL. TO CLOG IT WITH ANOTHER
VISTOR CENTERS, GARAGE AND STILL MORE MOTORIZED VEHICLE TRAFFIC IS
UNNECESSARY AND A SHAME.
PLEASE, LET MY VOICE BE HEARD.
ROSE FLYNN
AUGUST 27, 2009 EMAIL FROM CAROL GARVIN TO TOM GREENWOOD,
COMPREHENSIVE PLANNING DEPARTMENT
Mr. Greenwood:
This letter is regarding Dade County's request to develop a 2.5 square mile area
north of US41 and south of the Dade-Collier Jetport runway for recreational use,
including ATV trails, camping, support buildings and parking lots.
I do not understand why every square inch of wild space seems better used if it is
developed. This may come as a surprise to you but there are actually people
who go to the Everglades is to escape the chaos of civilization. They don't want
to be around nitwits racing around on A TVs, like their hair was on fire. What is
40
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 11
wrong with using something as it is. Using it for takeoffs and landings is invasion
enough.
In a time when global warming is such a hot issue I am disappointed that you
think the destruction of this tranquil green space is an improvement. And how
long do you think the native wildlife will last with an invasion of this sort? Do the
right thing and deny Miami-Dade County's request. This is one bit of green
space that should be left as is.
Thank you for your time and kindly convey this message to those making the
decision.
A taxpayer and property owner,
Carol Garvin
1815 Tigertail
Coconut Grove, FI33133
3054444717
SEPTEMBER 1, 2009 EMAIL FROMEMAILADDRESS:LUBELMIiilAOL.COM
TO TOM GREENWOOD, COMPREHENSIVE PLANNING DEPARTMENT
Mr. McCall, thank you for the courtesy of your reply and your effort to alleviate my
concerns. Unfortunately, I remain Wlpersuaded that this plan is anything other than an
expensive, dressed up OHV theme park.
First, you indicate that you have been asked for many years for a wilderness park, Well,
anyone with open eyes knows that two very large wilderness parks, Big Cypress and
Everglades, already exist in this very area and provide the same outdoor experiences
incorporated in your proposal.
Second, despite your claim that this plan offers an improvement over existing use, you
fail to address the inevitable destruction of existing wetlands at this site. You further fail
to address the cost! y remediation efforts that will be necessary to deal with stormwater
runoff as well as the pollution caused by vehicular traffic using your 80 car parking lot.
The use of retention ponds will only further degrade this site.
Third, despite your assertion that you have every intention to "limit progranunatic access
to areas frequented by bears and panther populations" you offer absolutely no plan to do
that. In fact, since you have indicated that law enforcement will be the responsibility of
Collier COWlty, you have made this issue their problem rather than your concern. Just
how you intend to protect the threatened and endangered species from negative impact by
miles of OHV trails seems to be missing from your petition or e-mails. Maybe you are
hoping the y will just keep out of the way of OHV users.
41
Dade-Collier Cypress Recreation Area District
Agenda Item 4.1.
Attachment 2, page 12
My objections to this plan go well beyond those noted both here and in my earlier e-mail.
I remain convinced that a less environmentally sensitive area closer to Dade's potential
users could be found. Please remember that your proposed site is a 50-70 mile one way
trip from most area in Dade County.
-----Original Message-----
From: McCall, James A (MDPR) <JAMCCAL@miamidade.gov>
To: lubelm@ao1.com
Cc: Kardys, Jack (MDPR) <Kardys@miamidade.gov>; Gregg, W. Howard (MDPR)
<HGREGG@miamidade.gov>
Sent: Tue, Sep 1,200910:31 am
Subject: Dade-Collier Cypress Recreation Area - Response
Dear Mr. Lubel:
After speaking at length with you on August 25, 2009, I received your formal comment
on this Department's Dade-Collier Cypress Recreation Area proposal on August 30,
2009. While I thought your letter was well intentioned and supported our provision of
recreational uses on the property, a number of your OHV concerns warranted a
clarification or correction.
I wanted to reassure you that this project is not an excuse to provide OHV trails in
sensitive natural areas. Rather, it is part of a larger effort, related to our Open Space
Master Plan, to increase the array of park and open space areas that provide a variety of
recreational opportunities. Since we have been asked for many years for a wilderness
park, having wilderness types of recreation, we thought it necessary to include
recreational motorized trail use as one part of a wilderness experience. Because we are
both a conservation and recreation agency, however, we always believed that any OHV
use should consume only a small portion of any park property. In this case, OHV use is
limited to 0.5% of the property. Further, the State Off-Highway Vehicle Advisory
Committee administered by the Division of Forestry considers South Florida the highest
priority need area for OHV recreation areas.
The land underlying the proposed Recreation Area has been assigned to Aviation
pwposes since it was acquired by the FAA as an airport in 1965. Ancillary to its
Aviation use, the land has been permitted for hunting, swamp buggy trails, legacy Glades
campsites and subsurface mineral exploration for oil and gas, all of which are pennissible
in this area. Under our proposal, this Department believes that a transition of 1,600-acres
from aviation to park land, relocation of hunting, elimination of swamp buggies and a
relocation of campsites will be a major public improvement.
The preliminary plans for the Recreation Area, within our petition, illustrate that virtually
all development is proposed to take place on already impacted westernmost fill pads,
borrow lakes and existing trails. Moreover, there is every intention to reduce/mitigate the
number of existing trails on the property, eliminate motorized trails within or through
42
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 2, page 13
upland hammocks and cypress domes, and limit programmatic access to areas frequented
by bears and panther populations. Field analyses and telephone discussions with US Fish
and Wildlife Service and Florida Fish and Wildlife Conservation Commission staff have
already confirmed that the population of these species is not likely impacted by our
plans. Should this project proceed to site planning and zoning, we will have to provide
further evidence of our position in the form of an environmental assessment.
And lastly, there is the issue ofIaw enforcement. The jurisdiction for this property is
Collier County. Collier County has been part of the planning process and has evidenced
strong support for it since OHV use here will reduce the impacts of its elsewhere in the
County.
Sincerely,
James A. (Andy) McCall, eMS
Park Planner II
Miami-Dade County Park and Recreation
275 NW 2nd Street. Suite 416
Miami, FL 33128
Phone: 305.755.7993
www.miamidade.2ov/oarks
'Deliverlng Excellence Every Day.
43
Dade-Collier Cypress Recreation Area District
Agenda Item 4.J.
Attachment 3
~fIIl~~.
. ... c
If the petition is forwarded with a recommendation to transmit, the Engineering
and Environmental Services Department staff recommends the following changes to
the proposed text:
(petitioner's text is underlined; staff-recommended additions are in red double underline
and deletions are in rea ae1ill18 slfili8 h8ligll; row of asterisks denotes text break. Staff
comments are shown in bold italics.)
IV. Conservation Designation
*********************************************************************
A. Dade-Collier Cvoress Recreation Area District
[FLUE page 87]
[4th paragraph]
Develooment within this District. exceot for trails. may be concentrated on
already disturbed area a1on~ the western Dortions of the site. primarilv in Section
lli This District will be exemot from Policy Y.1\J,d of the FLU_ Section I\,
Imolementation _ Strate2V. in that it will not be reauired to nrotect all wetland
olants as c;le'tc!'t\le\l b.x,this sectiQIl... The )0% ACSC site alteration limit will still
~
[5th paragraph]
The drainage and storm water management Systems for this District ~ ~ be
desil!:lled to be compatible with environmental site assessments. develooment and
mitigation strategies. environmental enhancements and rel!:ll1atOlY requirements.
Site develooment may ...
[ 6th paragraph]
At the time of rezoning. an adaotive comprehensive management plan shall be
provided that includes:
I. OHV uses as defined in F.S. 261.03 and 261.20 for oDeration ofOHVs
on Dublic land. OHVs f\2L tI1j~site shall be limited to ATVs and
motocross vehicles Swamn hu~mes are nrohibited.
The applicant has stated in the Neighborhood Information Meeting
and the application these limits to OHV use, which should be added
to the text.
******************************************************************
1:J. Qe .i.i8R t8 rS8\t8M tliohmUll1l8 t8 arB. intl!la8tBti h-. ti.. .1SBRleM iR
the ."'-,CEC ..Rif. lHl8Y8ijahle liS t8 a lRanhlUlIB of 19%. of.. suhieet
oitl &fa..
This section is not necessary_ 10% site alteration is already allowed,
and compli8nce will be demonstrated as stated in #11.
44
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in the Conservation Designation
Agenda Item VI D
c:::..o~r County
4::0... ....._
STAFF REPORT
ENVIRONMENTAL ADVISORY COUNCIL
TO: ENVIRONMENTAL ADVISORY COUNCIL
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION, COMPREHENSIVE PLANNING
DEPARTMENT
HEARING DATE: SEPTEMBER 2, 2009
I. NAME OF PETlTlONERlPROJECT:
Petition Number:
CP-2009-01
Petition Name:
PETITION NO. CP-2009-0l: PETITION TO AMEND THE
GROWTH MANAGEMENT PLAN [GMP] FUTURE LAND
USE ELEMENT [FLUE] AND COMPANION FUTURE
LAND USE MAP [FLUM] BY CREATING THE "DADE-
COLLIER CYPRESS RECREATION AREA DISTRICT" IN
THE CONSERVATION DESIGNATION [TRANSMITTAL
HEARING]
Applicant/Owner:
Miami-Dade County
III NW I" Street, 29th Floor
Miami, FI. 33128
Agent:
James A. (Andy) McCall, Park Planner
Miami-Dade County Park and Recreation Department
275 NW 2nd Street, 4'h Floor
Miami, Fl. 33128
II. LOCATION:
The property contains approximately 1,608 acres of land located within Sections
13, 14, 15, and 16 of Township 53 South, Range 34 East. It adjoins the
Miami/Dade-Collier line north of U.S. Highway 41 and south of the runway of the
Dade-Collier Training and Transition Airport and is located within the Big Cypress
Area of Critical State Concern (ACSC) as is illustrated below. The following maps
II P age
CP-2009-0 1: "Dade-CoWer Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
illustrate the location and the proposed amendment to the Future Land Use Map
[FLUM].
~------_...__._-~-,-.__..~~'!.-:..:.. ----
I DA.DIl-~C1"PlJiaUCUNl'D:ltf"'bllllftlm'
i ~ __n.~_
i---T----""'j--:-,- ,
. . , I . i , I ' j . ~
\---+---+---'\ _+_,_1
I I I I.
I I II I . I 10 : tl \
l_ ~ ----t I ___ ._..
11 11 \
! r~""JIM 11t.owt 1 (u..., ~\)
!-~~-~-'-[ --t-:.
L~ "J-=. L-':__~_" . " i
~*~...--- 1 - i_,~-J ~::r~1 J
2
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
III. REOUESTED ACTION:
The subject property is designated Conservation on the Countywide Future Land Use Map
(FLUM) of the Collier County Growth Management Plan (GMP).
This petition seeks to amend the Future Land Use Element (FLUE) and the FLUM of the
GMP to create the "Dade-Collier Cypress Recreation Area District" within the
Conservation Designation to allow for a variety of outdoor recreation activities, including
trails for the operation of off-highway-vehicles (OHV s)*.
* An OHV is defined in Section 261.03(6) of Florida Statutes as any all terrain vehicle
(ATV), or off highway motorcycle (OHM) that is used off the roads or highways of
this state and that is not registered and licensed for highway use under Chapter 320 of
the Florida Statutes.
IV. PURPOSEfDESCRIPTION OF PROJECT:
The applicant, through its attached application related to CP-2009-01, is requesting
approval to establish the "Dade-Collier Cypress Recreation Area District" (District) in the
Conservation Designation of the FLUE and to show this District on the FLUM so as to
accommodate a future rezone to allow for the development of the District. The applicant
proposes the following uses within the proposed new District:
I. visitors' center building - for administrative offices, orientation area, meeting room,
and restrooms - not to exceed 2,400 square feet;
2. parking lot limited to a capacity of 80 passenger vehicles and associated trailers;
3. primitive camping;
4. recreational vehicle camping;
5. fishing piers and docks;
6. multi-use trails for pedestrians and bicycles; wildlife viewing platforms and
overlooks;
7. archery range;
8. OHV trails; and
9. other uses as allowed in the Conservation Designation.
The existing Conservation Designation allows all of the above listed uses - in context as a
passive recreational use or as a component of a conservation or habitat preservation use -
with the exception of the proposed OHV usage.
With respect to ORV usage, the applicant indicates on page 5 of 14 of Appendix
V.D.5.b (Data and Analysis for the Proposed Uses), intent to limit ORV use to:
. All Terrain Vehicles (ATVs). ATV is defined by Section 261.03 (2), ES. as follows:
(2) "A TV" means any motorized off-highway or all-terrain vehicle 50 inches or less
in width, having a dry weight of 1,200 pounds or less, designed to travel on three
or more nonhighway tires, having a seat designed to be straddled by the operator
and handlebars for steering control, and intended for use by a single operator with
no passenger. "; and
3
CP-2009-0 I: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
. Motocross vehicles (Off-Highwav Motorcvcle or OHM). Although not defined in
the application or within Section 261.03, F.S., a dictionary definition of
"motocross" reads as follows: "cross country racing on motorcycles". OHM is
defined in Section 261.03(5), F.S. as follows:
(5) "OHM" or "off-highway motorcycle" means any motor vehicle used off the
roads or highways of this state that has a seat or saddle for the use of the rider and
is designed to travel with not more than two wheels in contact with the ground, but
excludes a tractor or a moped. "
V.GROWTH MANAGEMENT PLAN CONSISTENCY:
With respect to environmental review of this project, staff has reviewed the data and
analysis provided in the application including, but not limited to:
. Appendix V.C.I: FLUCCS Map
. Appendix V.C.2a: Summary Table of Federal and State Plant and Animal Species
. Appendix V.C.2b: Panther Bear Telemetry Map
. Appendix V.D.5b: Data and Analysis for the Proposed Uses
. Appendix V.D.5b.1: Off-Highway Vehicle Trails Feasibility Study
. Appendix V.E.ld: Drainage
Staff further reviewed this application within the context of the directives provided within
the Growth Management Plan (GMP) and the Land Development Code (LDC).
Considerations and Appropriateness of Chanl!e:
OHV usage .......existing and proposed
Existinl! OHVs limitations. Generally, recreational use of OHV s is presently not allowed in
the Conservation Designation except on lands established for conservation/preservation
purposes (e.g. state and federal parks, preserves and refuges) for which a management plan
has been prepared, and publicly vetted, that includes OHV use as a component. An
example would be the Big Cypress National Preserve, which allows all terrain vehicles
(ATVs), swamp buggies and airboats within certain areas of the Preserve and subject to
restrictions.
Prooosed OHVs limitations under this oroiect. OHVs, under this Growth Management Plan
Amendment (GMPA), would be allowed as a recreational use limited to the proposed
1,608-acre "Dade-Collier Cypress Recreation Area District" site as outlined in Appendix
V.D.5b of the application entitled, "Data and Analysis for the Proposed Uses". Reaching
this site would involve an approximate 1 to 2 hour drive for most residents in Lee and
Collier Counties.
Other existinl! or ootential nearbv OHV parks. In addition to the proposed new District,
the following is a status of other competing projects:
(1) Lake Trafford de-mucking site. This approximate 640-acre site is located in the
northwest corner of the Immokalee Urban Designated Area. Reaching this site is an
approximate 30 to 45 minute drive time for most Lee and Collier County residents. The
site is designated Low Residential Subdistrict in the Immokalee Area Master Plan and
4
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
the proposed use of this site for OHV s has been publicly vetted. The site was filled in
2005 and 2006 with dredge spoils removed from the bottom of Lake Trafford. South
Florida Water Management District (SFWMD) is the current owner. However, a 2003
agreement between Collier County and SWFWMD provides that Collier County
would become the owner of the site for future use as an OHV park. However, recent
soil tests have shown that the Lake Trafford dredge material placed on site is
contaminated and the site may not be economically feasible for the intended OHV use.
At this time Collier County and SFWMD are attempting to resolve this problem and
Collier County is looking at other options to satisfy the OHV park demand. Collier
County recently voted to sue the SFWMD because SFWMD has thus far not fulfilled
their commitment to the Collier County Board of County Commissioners (BCC)
relative to this 640 acre site.
(2) Redneck Yacht Club in Charlotte County. This 800-acre privately-owned site is
located in Punta Gorda and was made open to the public in January, 2009, as ATV
park. A July 26, 2009, Naples Dailv News article indicated that this site drew
approximately 15,000 guests during Memorial Day weekend. In addition to A TV s, this
site also accommodates hundreds of tents, pop-up campers, and recreational vehicles,
providing for multi-day guest visits.
According to its website, this is "Florida's Largest Off Road Park" and is for use by
swamp buggies, ATV's, trucks and Jeeps. It is open weekends only. This site is
estimated to be an approximate 45 minute drive from the Collier-Lee County line at I-
75.
Finally, there has historically been unauthorized A TV use on lands now owned by the State
of Florida and known as Picayune Strand State Forest. When the State asswned control of
these lands, it needed control of the road easements as welL An agreement was reached
between the State and the BCC whereby the BCC relinquished the road easements to the
State and the State (SFWMD) committed to find a Section of land in Collier County for
ATV use. The intent of providing an ATV park facility in Collier County is to provide a
legal opportunity for OHV owners to enjoy the use of their vehicles in a safe managed
facility.
Proposed National Park Service OHV use in the Bil! Cwress National Preserve !BCNP)' A
National Park Service (NPS) Off Road Vehicle (ORY) proposal for the BCNP Addition
(147,000 acres ofland added to BCNP in 1988) is indirectly related to the subject petition
in that the BCNP lands surround the subject project site. The draft NPS General
Management Plan, currently under public review, is intended to: (1) define how to best
protect the 147,000 acres of additional lands; (2) identify appropriate areas for visitor
access and facilities; and (3) determine how the NPS will manage its BCNP operations.
These lands have been closed to recreational motorized use and hunting since 1996, when
the NPS took control of the land. The only public use that has been allowed has been
hiking, bicycling and camping, with the exception of motorized boating in the canals and
waterways adjacent to SR 29. This NPS General Management Plan would introduce up to
140 miles of ORV trails into the BCNP, which trails also would be available for hiking,
5
CP-2009-Dl; "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
bicycling, and horseback riding. This General Management Plan must be approved by
Congress before it becomes effective.
For further information, the "Big Cypress National Preserve Addition, Draft General
Management Plan/Wildemess Study/Off-Road Vehicle Management Plan/Environmental
Impact Statement" prepared by the NPS, may be viewed in its entirety at the following web
site:
htto://parkplanning.nps. gOV / docwnent.cfi:n?parkID=3 52&proiectId= I I 164&documentID=2
7329
Consistency with the Conservation Designation of the FLUE
A portion of the Conservation Designation of the FLUE is provided below (in italics) with
staff analysis immediately following.
"The overall purpose of the Conservation Designation is to conserve and maintain the
natural resources of Collier County and their associated environmental, and
recreational and economic benefits. All native habitats possess ecological and physical
characteristics that justifY attempts to maintain these important natural resources. Barrier
Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention
because of their ecological value and their sensitivity to perturbation. It is because of this
that all proposals for development in the Conservation Designation must be subject to
rigorous review to ensure that the impacts of the development do not destroy or
unacceptably degrade the inherent functional values.
The Conservation Designation is intended to protect certain vital natural resource areas of
the County, which are primarily owned by the public, although private in-holdings and
privately owned conservation areas do exist. This Designation includes such areas as
Everglades National Park, Big Cypress National Preserve, Florida Panther National
Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery
Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area,
and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The
boundaries of the Conservation Designation may periodically change as properties are
acquired by public entities or private land management or conservation groups.
Natural resource protection strategies and standards for development in the Conservation
Designation are found in the Conservation and Coastal Management Element and the
County's Land Development Regulations. The Conservation Designation will
accommodate limited residential development and future non-residential uses. The
following uses are authorized in this Designation:
**********************
f Passive parks, and other passive recreational uses;"
********************************
Land Development Code (LDC), Section 1.08.02, defines "Passive Recreation" as follows:
"Passive Recreation: Activities characterized by a natural resource emphasis and non-
motorized activities. These activities are deemed to have minimal negative impacts on
6
CP-2009-0J: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
natural resources; or are consistent with preservation, enhancement, restoration and
maintenance goals for the purpose of habitat conservation. Examples of passive recreation
include. but are not limited to, bird watching and nature study, swimming, picnicking,
hiking, fishing and hunting, where appropriate. "
Staff emphasizes the LDC words, "non-motorized activities", because the expressed intent
of the Conservation Designation and the LDC is to limit recreational activities to passive
non-motorized recreational activities.
The proposed "Dade-Collier Cypress Recreation Area District" is within and surrounded
by an environmentally sensitive area of Collier County designated Conservation on the
FLUM and located within the ACSC; is approximately 50 miles from the coastal Urban
Designation of the FLUM; and is located a similar distance from the Miami-Dade County
and Broward County urbanized areas. A majority of users of the subject site could be
expected to come from these urbanized areas, as well as from the Golden Gate Estates and
Rural Fringe areas. The proposed OHV use is a departure from the intent of the
Conservation Designation, which is the reason for this proposed GMP A. The intent of the
Conservation Designation is to, "conserve and maintain the natural resources of Collier
County and their associated environmental, and recreational and economic benefits."
Specifically, the proposed government-sponsored OHV usage is unlikely to lead to the
conservation and maintenance of the natural resources of Collier County. Secondary
negative cost and environmental impacts resulting from the development of this District
include: the approximate 50+ miles drive (one or more hours of travel time) from the
nearest major urban populations; related out-of-pocket travel costs; and environmental
impacts generated by the act of driving to this site.
The applicant, in a July 10, 2009 letter immediately following the application cover letter,
has addressed Florida House BilJ 697, adopted into Florida law in 2008, as it would relate
to CP-2009-01. This bilJ went into effect on July 1, 2008. Some key phrases in the
legislation include: "discouragement of urban sprawl"; "greenhouse gas reduction
strategies"; ''transportation strategies to address reduction in greenhouse gas emissions
from the transportation sector". Among other things, it requires certain amendments to the
Growth Management Plan (future land use element and map, housing element,
transportation element, conservation and coastal management element) which would be
initiated by Collier County. However, in the interim (and perhaps beyond), each GMP
amendment petition should include data and analysis to demonstrate how it discourages
urban sprawl and reduces greenhouse gas emissions. The applicant did not quantify the
amount of greenhouse gas (GHG) emissions which might occur because of this project.
Rather, the applicant states that the site's location and the limited number of annual visitors
will result in a small impact on the creation of GHG. Further, the applicant states that the
GHG emissions impact within and near the subject site will be largely offset by the number
of lives that are saved by the reduction in the use of dangerous, illegal, and unman aged
recreation sites. Staff finds that the applicant did not adequately address and quantify the
impact on GHG emissions which could be expected to be generated from the proposed
intensification of use of the subject property. No data and analysis was provided to
demonstrate how this project discourages urban sprawl and reduces greenhouse gas
7
CP-2009-01: "Dade...collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
emISSIons. It is the understanding of staff that DCA will be reviewing GMP amendments
for compliance with this legislation.
Further, the Conservation Designation includes private in-holdings and privately owned
conservation areas, in addition to the publicly owned lands. The establishment of the
"Dade-Collier Cypress Recreation Area District" and related OHV usage may lead to other
future private or public petitions for the establishment of other similar uses within the
Conservation Designation.
In summary, the introduction of OHV uses into the Conservation Designation will result in:
· additional traffic, both from licensed passenger vehicles and OHV s;
. increased greenhouse gas emissions;
· increased environmental impacts to this environmentally sensitive area; and
. lengthy travel times by users of this site.
In conclusion, this petition is contrary to the intent of the Conservation Designation and
may be found inconsistent with the Conservation Designation.
Consistency with the "T. Mark Schmidt Off-Highway Vehicle Safety and Recreation
Act"
This Act was signed into law in 2002 with the intent to "create new opportunities for OHV
users (specifically ATV and OHM users) while safeguarding the integrity of Florida's
natural resources n.
This Act is referenced on page 22 of Appendix V.D.5b.1 of this application entitled Park
and Recreation Department Off-Hil!:hwav Vehicle Trails Feasibility Studv for Miami-Dade
County: August. 2007 (Study). Page 20 of this Study states that, "The other sites [other
than the subject site] offer potential opportunities for permanent OHV facilities. The Lands
East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami-
Dade County, share many physical characteristics with the preceding [the subject site]
while having fewer environmental constraints, but are less suitable overall because of
their ownership composition. " Based upon staff review of this application and this Study,
there is insufficient evidence presented to document that the proposed project will
"safegnard the integrity of Florida's natural resources" as is the intent of the Act. Further,
this site is the most environmentally sensitive site of the top contending sites analyzed
within this Study.
Staff concludes that the potential on-going environmental impacts associated with the
subject site, as well as economic and travel time costs associated with traveling to the
subject site by potential OHV usage primarily by residents of urbanized Miami-Dade,
Broward and Palm Beach Counties, would be lessened by choosing the Homestead
Speedway or FRS Holdings site for OHV use.
In summary, the proposed OHV site in Collier County may not be consistent with the intent
of the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act in that this site's
use for OHV activities fails to safeguard the integrity of Florida's natural resources by
8
CP-2009-O 1: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
introducing this more intensive active recreational activity into the Conservation
Designation.
Engineering and Environmental Services Department Review Comments
Staff requested a detailed desktop analysis of non-tidal ACSC lands within the
Conservation designation as shown on the Future Land Use map as a comparison for why
this site is the most feasible for the proposed use and how this site is different from other
Conservation designated areas such that the proposed use is appropriate. The applicant has
declined to provide staff with this information.
The environmental report prepared by Miller Legg and submitted with this petition, dated
July 2009, indicates the following:
· The project site includes mixed wetlands hardwood; dwarf cypress; cypress;
cypress/mixed hardwoods; wetland scrub; freshwater marsh, disturbed; exposed rock
with marsh grasses; borrow areas; and fill areas. Besides the borrow pits and fill areas,
which account for approximately 7 percent of the site, the entire site is wetlands.
· The summary table of listed species known to inhabit the site or similar habitats as
found On site indicates that there are thirteen potential state and federal listed animal
species and eight potential protected plant species that could be found on or utilizing
the site. The site lies within primary panther habitat and the far most western portion
lies within primary bear habitat with the remainder of the site lying in secondary bear
habitat. A detailed listed species survey will be required at the time of the reZOne.
The project site shows disturbance by illegal trespass in the form of numerous OHV trails
which cross the property in all directions and also unpennitted camp sites. The applicant
proposes to keep or create 15 miles of trails, 5' - 12' in width for OHVs and restore 7
miles of existing trails to their natural condition. The trails would be stabilized. Ten miles
of hiking, bicycling and wildlife trails would be retained or created out of an existing trail
length of27 miles.
Some of the trails may be realigned to restore natural sheet flow to the area. However, the
drainage plan indicates the perimeter of the property would be benned, limiting sheet flow
across the site from surrounding areas. This plan also indicates the existing borrow pits
would be used for storm water management, which will require underground piping and
dry retention for pretreatment resulting in further wetland impacts. The stormwater
management system will be finalized before the final development plans are approved.
A hydrologist with Big Cypress National Park has indicated the site is flooded most of the
year. Approximately the western third and the north half of the site, which is predominately
dwarf cypress, is flooded from June through January and the rest of the site is flooded from
June through March.
9
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
The Florida Fish and Wildlife Commission (FWC) maintains a Wildlife Management Area
on and surrounding the site and has submitted preliminary informal comments that have
been attached to the staff report, see Attachment 1.
The petitioner has not submitted adequate data to support the proposed uses; therefore
Engineering & Environmental Services staff cannot support the petition and recommends
to not transmit to the Department of Community Affairs.
If the petition is forwarded with a recommendation to transmit, Engineering and
Environmental Services Department staff recommends the following changes to the
proposed text:
Recommended changes to text on Page 87 of the FLUE: recommended changes in reg
underlined (addition)/red slfikethretigll (deletion). Staff comments are shown in bold
italics.
A. Dade-Collier Cypress Recreation Area District
Development within this District, except for trails, may be concentrated on already
disturbed area along the western portions of the site, primarily in Section 16. This
District will be exempt from Policv V.A.l.d of the FLU. Section n. Implementati(1!:)
Strategy, in that it will not be r~uired to protect all wetland plants as described by
this "ectiop. Th<:: J 0% ACSC site alteration limit will still apply.
The drainage and storm water management systems for this District may .,hall be
designed to be compatible with environmental site assessments, development and
mitigation strategies, environmental enhancements and regulatory requirements.
At the time of rezoning, an adaptive comprehensive management plan shall be
provided that includes:
1. OHV uses as defined in F.S. 261.03 and 261.20 for operation of OHVs
on public land. OHVs for.tl1iL"ite._~lilIL be limitp.Q_.. If! .AIVs J!llJi
motocross vehicles. Swamp buggies arc prohibited.
The applicant has stated in the Neighborhood Information Meeting
and the application these limits to OHV use, which should be added to
the text.
] 2. DeviEHieH te [.'111est disrumaHce te areas impacted by develElpmellt ill
llle .^.C8C 'NRe[e wUlvElidallle up tEl a maximtlffi Elf I ()~~ Elf tile subject
:si te area.
This section is not necessary. 10% site alteration is already allowed,
and compliance will be demonstrated as stilted in #11.
VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
The NIM, as required by LDC Section 10.03.05, was conducted on August 3, 2009 at the
Oasis Visitor's Center - Big Cypress National Preserve after the agent/applicant duly
10
CP-2009-01; "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
noticed and advertised the meeting. A total of 13 people attended this NIM and the
following is a synopsis of this NIM:
[Synopsis prepared by Thomas Greenwood, AICP, Principal Planner]
. Remarks. concerns. and auestions vetted:
1. The question of being able to access adequate medical attention was responded to by
stating that the availability of cell phones, 800 mhz radios and medical kits on-site
will allow timely access to medical attention. It was stated that the Ochopee fire
station response time to the subject site is approximately 30 minutes.
. Maior issues/contentions: none
. Positive comments/aoorovals:
1. The location of this park and its remoteness from emergency services is superior to
being in the middle of the Big Cypress National Preserve.
2. A person stated that he is not an "OHV guy" but supports the other proposed uses
of the site.
· Agent/applicant/develooer statements of commitment:
1. OHV s will be limited to A TV s and motocross. Swamp buggies will not be allowed.
2. The park will be closed during dry and wet seasons.
3. Approximately one half of the existing OHV trails will be removed and the
remaining trails will be hardened for use for OHV s, hikers, and bicyclists and only
about 1/10 of 1 % of the 1,608-acre site will be devoted to trails.
4. Collier County and Miami-Dade County have each approved resolutions indicating
an interest in developing this site as a park for OHV use in order to reduce the
amount of OHV trespassing, loss of life, wildfires and damage to natural and
agricultural areas and as a functional replacement for the 2005 closure of the
Picayune Strand which was previously used by OHV riders.
5. Users of the OHV trails will need to show proof of OHV registration with the State
of Florida and pay a fee.
6. The old trails, not proposed for use, will be removed before the OHV trails are open
for public use.
VII. RECOMMENDATIONS:
Staff recommends that the Enviromnental Advisory Council forward Petition No. CP-
2009-1 to the Board of Collier County Commissioners with a recommendation not to
transmit this petition to the Florida Department of Community Affairs.o
PREPARED BY:
.......:JJ--r::-rnu~ -<]1 fJ.fYr~IJJ (l n~
THOMAS GREENWOOD, AICP, PRINCIPAL PLANNER
COMPREHENSIVE PLANNING DEPARTMENT
8-7-0'1
DATE
1]
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in COIL,ervation Designation
Agenda Item VI D
REJDSW. ED BY:
'-...A-~ ld ~-
DAVID WEEKS, AICP, PLANNING MANAGER
COMp,REHENSIVE PLANNING DEPARTMENT
~1alt't ~f(~[n}J{~~
'r:AURA ROYS, SENIOR ENVIRONMENTAL SPECIALIST DATE
ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT
<::; -7-0f
DATE
r-lo-o1
8"-/0-01
SOSA ASON, RINCIPAL ENVIRONMENTAL SPECIALIST DATE
C~EERING AND ENVIRONMENTAL SERVICES DEPARTMENT
APPROVED BY:
~.....-L.,-
"8'/10 / () 1
DATE
PH K. SCH lIT, ADMINISTRATOR
C MMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES DIVISION
EAC Staff Report CP-2009-01 Dade-Collier Cypress Recreation Area District
G: ComprehensivelComp, Planning GMP DATA/Comp. Plan Amendments/2009 PetitionslCP~2009-01, EAC docs
TG 9-2-09 meeting.
12
CP-2009-01: "Dade-Collier Cypress Recreation Area District" in Conservation Designation
Agenda Item VI D
ATTACHMENT I
Note: The following comments were received by email to staff.
Please note that FFWCC is a partner with property owner and Jetport Conservation and
Recreation Club, and we support both historical and future appropriate recreation and
conservation of the Jetport area.
Please note that at this time we are interested in what is proposed, and can provide specific
comment(s) when more information becomes available. In the interim, some potential
issues fish, wildlife and recreation might include:
PLEASE NOTE THAT THESE ARE ONLY PRELIMINARY THOUGHTS AND NOT
FORMAL COMMENTS
. Traditionally, hunting within the proposed recreation area was limited and occurred
mainly north of the airport, but impacts to recreational hunting and wildlife habitat
might occur from increased disturbance (i.e. vehiclelhuman activity) in the project
area. In particular, deer and snipe hunting, as well as wading bird, black bear and
panther foraging.
. Soils in the Jetport area are very shallow/sensitive to disturbance, and the stability
of proposed trail system is of concern due to potential for increased erosion and loss
of wildlife habitat.
. Our office partner with the Jetport Conservation and Recreation Club on a number
of natural resource management projects such as exotic plant control, and there is
concern that increased activity in the area might increase the spread of exotic plants
and animals in the area.
. The Jetport area is a remote location with numerous existing trails north of the
proposed recreation area without gates or fences restricting access, and there is
concern that people will not stay within designated areas.
. Big Cypress Preserve issue permits to use off-road vehicles within the area, and
there is concern that people will enter BCP without appropriate authorization.
Please keep our office in mind during further outreach and consultation.
Thanks,
Tad Bartareau,
Fisheries and Wildlife Biologist II
Florida Fish and Wildlife Conservation Commission
566 Commercial Blvd.
Naples, FL 34104-1709
Phone: (239) 643-4220
Cell: (239) 253-5752
Fax: (239) 643-0385
Tad.Bartareau@MvFWC.com
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