PA-06-07-52 The Loop Staff Report to BCC - Plan Amendment

Petition Number: PA-06-07-52 12/19/2016
1
Plan Amendment
Petition Number: PA-06-07-52
TO: Honorable Board of County Commissioners
FROM: Seann Smith, Planner II
DATE: November 1, 2007
REQUESTED ACTION: Approve the transmittal, with a recommendation of denial, of the Large
Scale Future Land Use Map Amendment to the Department of Community Affairs for an
Objections, Recommendations, and Comments report, amending the Charlotte County
Comprehensive Plan from Low Density Residential, Commercial Center, Commercial Corridor, and
Low-Intensity Industrial, to Mixed Use, on 203 +/- acres.
APPLICANT: Wilder/BN Jones Loop Holdings, LLC
800 Boylston Street, Suite 1300
Boston, MA 02199
OWNER’S AGENT: Ted R. Brown Esquire/Baker& Hostetler, LLP
200 South Orange Avenue, Suite 2300
Orlando, FL 33907
GENERAL LOCATION: The site is located northeast of Tamiami Trail (U.S. 41), southwest of
Taylor Road (765A), straddling North Jones Loop Road in the Punta
Gorda area, Florida.
ACCOUNT NUMBER: Multiple, the account numbers are in the packet
RESEARCH AND FINDINGS:1
The applicant has not provided sufficient information regarding the potential impact to the2
comprehensive plan. For instance, the Public Works Director does not know what impacts the3
proposal will have on the Transportation and Capital Improvements Elements. Further, other4
material provided by the applicant arrived late. However, in reviewing this issue on October 8,5
2007, the Planning and Zoning Board, in the spirit of cooperation with the applicant, decided to6
address the issue at a later time, voting to recommend transmittal to the Department of Community7
Affairs with a recommendation of approval. As a result, the research and findings section is8
incomplete, and so staff’s recommendation is to transmit the application to the Department of9
Community Affairs with a recommendation of denial.10
11
12
13
14
15
16
17
18

2
RECOMMENDATION:1
2
The Community Development Department recommends transmitting petition PA-06-07-52-LS to3
the Department of Community Affairs, with a recommendation of denial, with the following4
motion:5
6
“Motion to transmit application No.: PA-06-07-52-LS to the Department of Community Affairs for7
an Objections, Recommendations, and Comments Report with a recommendation of denial based8
on the findings and analysis presented in the Planning and Zoning Division staff report dated9
November 1, 2007, and the evidence presented at the public hearing on the application.”10
11
LEGAL DESCRIPTION: The legal description is in the packet12
13
ANALYSIS:14
15
1. Adopted Future Land Use Map Designation: Commercial Center, Low Density Residential,16
& Commercial Corridor17
18
2. Existing Zoning: Mobile Home Conventional; Residential Single Family, 5; Commercial,19
Intensive; Commercial, General; Industrial, General; and Agriculture, Estate20
21
3. Existing Land Use on the Site: Single Family Residential; Mobile Homes; High Density22
Residential; Retail Sales & Services; Offices; Theater; Hotel; Vacant; Open Space; and23
Preserve24
25
4. Community Planning Area: N/A26
27
5. Purpose of the Petition: Complete part of Development of Regional Impact process to get the28
applicant a Development Order approval and proceed towards building permits.29
30
6. Surrounding Land Uses and their Future Land Use Map and Zoning Designations:31
Direction Existing Land Use FLUM Designation Zoning District Designation
North Vacant
Low Intensity Industrial
Low Density Residential
High Density Residential
Agriculture, Estate; Industrial,
Light; Office, Medical,
Institutional; Mobile Home Park
East Vacant and Commercial
Commercial Center
Public Lands & Facilities
Mobile Home Park; Residential
Single Family, 5; Commercial,
Intensive; Agriculture, Estate;
Office, Medical, Institutional
South
Vacant, Residential, and
Commercial
Commercial Corridor
Low Density Residential
Commercial Center
Agriculture Estate; Residential
Single Family, 5; Commercial
Tourist
West
Vacant, Residential, and
Commercial
Commercial Corridor
Low Intensity Industrial
City of Punta Gorda
Commercial Tourist; Residential
Single Family , 5; City; Agriculture
Estate; Industrial, Light
Table 132

3
6. Urban Service Area Overlay District: Infill Area1
2
7. Habitat Designation:3
A GIS aerial review was conducted. The site is undeveloped and contains upland and wetland4
environmentally sensitive habitats utilized by species listed by the Florida Fish and Wildlife5
Conservation Commission (FWC) and US Fish and Wildlife Service (FWS). According to the6
applicant, there are some areas with active gopher tortoise habitat. Please see enclosed7
environmental report for how the applicant will have to address these issues.8
9
8. Natural Resources and Coastal Planning Element:10
a. Does the subject site contain any significant natural resources? Yes11
b. Is this project within the Special Surface Water Protection Overlay District? Yes12
c. Does the site contain critical habitat for endangered/potentially endangered species?13
Yes14
d. Is the site in a flood zone? What zone is the site in? yes, partially, in the 8AE Flood15
Zone, and partially out, in Zone X16
e. Will the proposed change impact evacuation times? Yes, the applicant is increasing17
density18
f. Will the proposed change affect beach accessibility? If yes, describe impact: No19
g. Is the site in the Coastal High Hazard Area? No20
h. Is the site in a Storm Surge Zone? Yes, in the Category 2 & 3 Surge Zones.21
22
9. Fire Protection:23
a. Which District and Station serves the site? Charlotte County Station No. 5 & 7; 2628724
Notre Dame Boulevard and 7273 Florida Street, Punta Gorda. Approximate response25
time is 4-6 minutes.26
b. Is a Capital Improvements Element Amendment required for fire protection? No27
28
10. Nearest Schools That Serve Site:29
Sallie Jones Elementary School, Punta Gorda Middle School, Charlotte High School, Edison30
Community College (New Campus)31
32
11. Nearest Potential Public Emergency Shelter: Primary Shelter-Sallie Jones Elementary33
School; Secondary Shelters-Ventura Lakes Clubhouse & Friendship United Methodist Church34
35
12. Recreation and Open Space Element:36
37
a. Recreation Level of Service:38
FACILITY CURRENT LOS ADOPTED LOS
Countywide
15.0 acres (active and
passive parks per 1,000
population)
6.0 acres (active and passive parks
per 1,000 population)
Table 239
40
b. Is a Recreation and Open Space Element Amendment required? No41

4
c. Is a Capital Improvements Element amendment required for recreation and open1
space? No2
d. Is the site within targeted parkland? No3
e. Nearest developed County Park? Allapatchee Shores Park4
5
Development Standards:6
7
FLUM
DESIGNATION
DEVELOPMENT STANDARD
Commercial
Corridor
(existing)
Commercial Corridors are areas located along major urban corridors within
Charlotte County. These corridors generally include, but are not limited to, US
41, US 17, SR 776, CR 775, and CR 771. Allowable uses shall include retail
and service uses, wholesale stores, professional offices, hotels, motels, and
restaurants. Maximum building coverage shall not exceed 50%. Maximum
floor area ratio shall not exceed .60. A property that was designated prior to
June 10, 2003, on the Zoning Atlas either as Office, Medical and Institutional
(“OMI”), or as Commercial Tourist (“CT”), or as a multi-family zoning
designation of Residential, multifamily (“RMF”) or as Residential,
multifamily/tourist (“RMF-T”) , shall be allowed to develop multi-family
residential at a density not to exceed the density as specified in the Code of
Laws and Ordinances of Charlotte County, Florida (“County Code”), for the
Zoning Atlas designation applicable to that property. The applicable County
Code sections for the Zoning Atlas designations and their respective maximum
densities are as follows: Section 3-9-39, OMI – 10 units per acre; Section 3-9-
45, CT – 15 units per acre; Section 3-9-33, RMF - 3.5 to 15 units per acre,
depending on which RMF zoning designation is applicable to the particular
property; and Section 3-9-34, RMF-T – 6 units per acre.
Low Density
Residential
(existing)
These lands are designated for urban residential uses. Low Density Residential
lands may be developed at a density from 1 dwelling unit per acre to 5 dwelling
units per acre, with the exception of manufactured housing from 1 dwelling unit
per acre to 6 dwelling units per acre. Uses on land designated as such include:
single-family residential dwelling units, multi-family residential dwelling units,
manufactured residential dwelling units, recreational facilities, sub-
neighborhood commercial centers, and schools.
Commercial
Center
(existing)
These lands are designated for commercial, institutional, and professional office
activities. Commercial Centers are lands in which retail, service, and office uses
currently exist or a need is projected in the future. They are further differentiated into
categories, which are indicated below and which are determined by land area.
Commercial Center designated sites are intended to form nodal commerce centers and not
perpetuate strip commercial. A property that was designated prior to October 7, 1997, on
the Zoning Atlas either as Office, medical and institutional (“OMI”), or as Commercial
Tourist (“CT”), or as a multi-family designation of Residential, multifamily (“RMF”), or
as Residential, multifamily/tourist (“RMF-T”), shall be allowed to develop multi-family
residential not to exceed the density as specified in the Code of Laws and Ordinances of
Charlotte County, Florida (“County Code”), for the Zoning Atlas designation applicable
to that property. The applicable County Code sections for the Zoning Atlas designations
and their respective maximum densities are as follows: Section 3-9-39, OMI – 10 units
per acre; Section 3-9-45, CT – 15 units per acre; Section 3-9-33, RMF – 3.5 to 15 units
per acre, depending on which RMF designation is applicable to the particular property;
and Section 3-9-34, RMF-T – 6 units per acre.
Mixed Use Mixed Use DRI designates lands which, because of their character, magnitude,

5
Development of
Regional Impact
[DRI]
(proposed)
or location, have substantial effects upon the health, safety, and welfare of
citizens within Charlotte County and at least one additional surrounding county
or municipality. Lands designated as such meet the threshold requirements
identified within Chapter 380.06, Florida Statutes and must undergo
intergovernmental review as specified in that chapter as a Development of
Regional Impact (DRI). All developments within a Mixed Use DRI district must
be constructed in accordance with a final development order approved by the
Board of County Commissioners.
ZONING
DESIGNATION
DEVELOPMENT STANDARD
Mobile Home
Conventional
(existing)
The mobile home conventional (MHC) district is intended to provide for mobile
homes and conventional single-family structures in an environment of residential
character. Uses not compatible with single-family residential uses are prohibited.
This district shall be applied to existing developments containing a mixture of
mobile homes and conventional dwelling units.
• Minimum lot area is 7,500 square feet
• Minimum width is 60 feet.
• Maximum lot coverage is 35 percent.
• Maximum building height is 38 feet.
• Maximum density is 5 units per acre.
Residential Single
Family, 5
(existing)
The residential, multi-family (RMF) districts are intended to be low-or high-
density residential districts with emphasis on multifamily use.
• Maximum density is 5 units per acre.
Agriculture, Estate
(existing)
Agriculture districts are intended to retain the open character of the land.
Permitted uses are limited to conservation, agriculture, low-density residential,
recreation and other uses consistent therewith.
Agriculture and agricultural activities are frequently associated with noise,
odors, dust, aerial chemical spraying, and other activities generally
incompatible with urban-style living. However, agriculture forms a vital
segment of the economy of the state, and provides diversity of economic
opportunity and life styles for the county. Therefore, it is the purpose of the
agricultural districts to provide areas for the establishment and/or continuation
of agricultural operations with residential uses being permitted only at very
low densities and to accommodate those individuals who understand and
desire to live in an agricultural environment.
The primary difference between these districts is that agriculture estate (AE)
districts are intended to exist only within the urban service area while
agriculture general (AG) districts are intended to exist only outside the urban
service area.
• Minimum lot area is 1 acres
• Maximum density is 1 unit per acre (is in the Urban Service Area).
Commercial,
General
The commercial, general (CG) district is intended to provide areas in which the
customary and traditional conduct of trade, retail sales and commerce may be

6
(existing) carried on without disruption by the encroachment and intrusion of incompatible
residential uses and protected from the adverse effects of undesirable industrial
uses.
Industrial, General
(existing)
The purpose and intent of the industrial, general (IG) district is to permit
the designation of suitable locations for and to facilitate the proper
development and use of areas devoted to various heavy industrial uses
which have the potential of producing extensive adverse impacts on
surrounding land uses or resources. Such uses include those which
produce noise, odors, noxious or toxic by-products, increased hazards of
fire or explosion, or are generally incompatible with lower intensity land
uses. In certain cases, such uses may be permitted specifically only as a
special exception.
Commercial,
Intensive
(existing)
The purpose and intent of the commercial, intensive (CI) district is to permit the
designation of suitable locations for and to facilitate the proper development and
use of land for those commercial activities which are like or which have many of
the same needs as industrial land uses. Such uses often rely on large ground
areas for storage or display of goods, are relatively insensitive to the impacts of
adjacent land uses, while generating substantial impacts on their neighbors.
Commercial, intensive land uses are generally services, particularly
warehousing, distribution and compatible businesses oriented to the sale and
service of automobiles and boats. The CI district is and is intended to be
intermediate between consumer-oriented commercial and light industrial uses.
Table 31
13. Utilities2
a. Potable Water Service: Punta Gorda3
b. Sanitary Sewer Service: Punta Gorda4
c. Facilities Capacities:5
POTABLE WATER
SERVICE
SEWER SERVICE
Permitted Facility Capacity
(gallons per day)
10,000,000 4,000,000
Current Demand
(gallons per day)
4,980,000 1,480,000
Table 46
7
8

7
1
2
3
4
5
d. Estimated Potable Water and Sanitary Sewerage Demand6
7
EXISTING DESIGNATIONS
Commercial
Center/CG
(existing)
8 acres
Commercial
Corridor/CI
(existing)
34 acres
Low Intensity
Industrial/IG
(existing)
42 acres
Low Intensity
Industrial/AE
(existing)
24 acresBuildout
80,150 Sq Ft 1,481,040 Sq Ft 420,790 Sq Ft 24 DU’s
Subtotals
Potable Water
Usage in
Gallons Per
Day
8,015 148,104 42,079 4,560 202,758
Sanitary
Sewerage
Usage in
Gallons Per
Day
6,813 125,888 35,767 3,876 172,344
Table 5a.1-existing8
9
EXISTING DESIGNATIONS
Low Density
Residential/
RSF5
(existing) 5 acres
Commercial
Corridor/RSF5
(existing) 32 acres
Low Density
Residential/ MHC
(existing) 59 acres
Buildout
25 dwelling units 160 dwelling units 295 dwelling units
Subtotals
Potable Water
Usage in Gallons
Per Day
4,750 30,400 56,050 63,840
Sanitary
Sewerage
Usage in Gallons
Per Day
4,038 25,840 47,642 54,264
Total Potable:
Total Sanitary:
266,598 gpd
226,608 gpd
Table 5a.2-existing10
**Typical build-out of commercial sites in Charlotte County is about 22-23% of a building site due to setback, parking and stormwater11
requirements.12
**The maximum allowable density is 5 units per acre within the existing Residential and Mobile Home Conventional zoning districts and 113
unit per acre in Agricultural Estate zoning districts.14
Estimated sanitary sewer usage is 85% of the potable water usage, thereby allowing for 15% water consumption.15
16

8
1
2
3
4
PROPOSED DESIGNATIONS
Mixed
Use/PD
(Proposed)
21 acres
Mixed Use/PD
(Proposed)
63 acres
Mixed Use/PD
(Proposed)
63 acres
Mixed Use/PD
(Proposed)
56 acres
Buildout
500 dwelling
units
1,300,000 Sq Ft
retail/office/
service
200 hotel rooms
Open Space &
Preserve
Total
Potable Water
Usage in
Gallons Per
Day
77,500 130,000 30,000 0 237,500
Sanitary
Sewerage
Usage in
Gallons Per
Day
65,875 110,500 25,500 0 201,875
Table 5b-Proposed5
** Estimated sanitary sewer usage is 85% of the potable water usage, thereby allowing for 15% water consumption.6
7
e. Refuse Collection: Waste Management Inc. of Florida8
The Zemel Rd. landfill currently has capacity to dispose of over 5.7 million cubic yards of9
waste. The landfill has a projected remaining lifespan to the year 2022.10
11
f. Stormwater Management:12
During the permitting stage for any proposed development on this site, the13
applicant/developer will need to obtain permits for construction and operation of drainage14
facilities. The Southwest Florida Water Management District and Charlotte County’s15
Public Works and Community Development Departments review stormwater management16
plans. Prior to any development taking place onsite, a permit must be issued. In Charlotte17
County, stormwater management facilities are generally constructed on the project site as18
development proceeds. Prior to receiving stormwater management approval, a facility19
must meet or exceed the minimum level of service requirements adopted in the 1997-201020
Charlotte County Comprehensive Plan (Objective 1.3, Policies 1.3.1, 1.3.2, 1.3.3,21
Infrastructure Element). Consistent with 9J-5.0055 (3)(a), Florida Administrative Code,22
the stormwater management facility must meet the minimum level of service standard and23
be available to serve new development by the time a certificate of occupancy is issued.24
g. Is an Infrastructure Element Amendment required? (Yes/No): No25
26
27
28
29
30
31
32

9
14. Transportation Element:1
Staff is currently requesting the applicant provide additional information regarding traffic impacts.2
a. Roadways Serving the Site:3
ROADWAY
FEDERAL
FUNCTIONAL
CLASSIFICATION
ACTUAL
LOS
ADOPTED
LOS
# of additional trips
to reach a Level of
Service E
North Jones Loop Rd (from
US 41 to Burnt Store Rd)
Minor Arterial B D 9,501
Burnt Store Rd to Taylor Rd)
Taylor Rd to I-75)
I-75 to Piper Rd)
Minor Arterial A D 33,671
Piper Rd to Alfred Rd)
I-75 (from Lee Co Line to N
Jones Loop Rd)
Interstate C D 23,502
I-75 (from N Jones Loop Rd to
US 17)
Interstate B D 32,502
US 41 (from Alligator Ck
Bridge to Burnt Store Rd)
Principal Arterial B D 18,606
US 41 (from Burnt Store Rd to
Aqui Esta)
Principal Arterial B D 7,843
Burnt Store Rd (from Acline
Rd to US 41)
Burnt Store Rd (from N Jones
Loop Rd to Taylor Rd)
Taylor Rd (from US 41 N to
Burnt Store Rd)
Urban Collector C D 9,687
Taylor Rd (from Burnt Store
Rd to Airport Rd)
Rural Major Collector C D 9,469
Piper Rd (from Jones Loop Rd
to Golf Course)
Acline Rd (from US 41 to
Taylor Rd)
Rural Major Collector B D 14,302
Table 64
5
b. Nearest Major Intersection? Jones Loop Trail & Tamiami Trail (SR41)6
c. Is a Transportation Element Amendment required? Unknown, insufficient7
information from applicant.8
d. Is a Capital Improvements Element Amendment required? Unknown, insufficient9
information from applicant.10
e. Is the operational integrity of any interchange on I-75 affected? Unknown,11
insufficient information from applicant.12
13
14
15
16

10
f. Transportation Impacts/Trip Generation: ITE 7th
Edition1
The following is based on basic ITE trip generation numbers and are very general in nature.2
This is material strictly intended for the Department of Community Affairs, and does not3
reflect the proposed development’s potential impacts to Level Of Service:4
Existing5
Zoning District Land Use Trips per Day Trips per PM
peak hour
AE Low Intensity
Industrial
230 24
IG Low Intensity
Industrial
2,934 454
CG Commercial
Center
59,150 4,282
RSF5 Commercial
Corridor
1,531 163
CI Commercial
Corridor
1,092,993 79,117
MHC Low Density
Residential
1,446 177
RSF5 Low Density
Residential
239 26
* commercial uses such as office buildings, commercial specialty stores, and etc.
Table 7a-Existing6
*Typical buildout of commercial sites in Charlotte County is about 22-23% of a building site due to7
setback, parking and stormwater requirements.8
9
Proposed10
Zoning District Land Use Trips per Day Trips per PM
peak hour
PD Mixed Use - 500
dwelling units
4,785 510
PD Mixed Use -
1,300,000 S.F.
retail/office/
commercial
959,387 69,446
PD Mixed Use - 200
hotel rooms
1,784 148
PD Mixed Use –
Open Space
0 0
* commercial uses such as office buildings, commercial specialty stores, and etc.
Table 7a-Proposed11
12
*Typical buildout of commercial sites in Charlotte County is about 22-23% of a building site due to13
setback, parking and stormwater requirements.14
15

11
15. Intergovernmental Coordination Element1
a. Will the proposed change affect any adjacent community’s Comprehensive Plan?2
possibly3
b. Has a copy of the request been forwarded to affected jurisdiction(s)? Yes4
16. Has a public hearing been held on this property within the last six months? no5
If yes, in whose name?6
7
17. 1997-2010 Comprehensive Plan; Goals, Objectives, and Policies that may be relevant to8
the proposed amendment:9
Future Land Use Element10
Goal 1 (Growth Management): Charlotte County will manage growth and development in a11
manner which safeguards the public investment, balances the benefits of economic growth with12
the need for environmental protection, and prevents urban sprawl.13
Objective 1.2(Concurrency): Charlotte County will require the availability of service14
concurrent with the impacts of development, as provided by Section 163.3177(10)(h), F.S.15
Decisions regarding the location, extent and intensity of future land use in Charlotte County,16
particularly urban-type expansion, will ensure consistency with the type of uses and17
development established within each designated Urban and Rural Service Area. Future land use18
decisions will also be based on the physical constraints and financial feasibility of providing19
areas with services at levels of service (LOS), concurrent with the impact of development, that20
meet or exceed the minimum standards adopted in the Comprehensive Plan.21
Policy 1.2.4 Within the time frame provided by Section 163.3202(1), F.S. the Community22
Development and Construction Services Departments will ensure that development oders will23
be based on the County’s ability to maintain minimum levels of service, and will coordinate24
with other agencies in administering the Concurrency Management System to ensure that the25
necessary public facilities and services are available at the adopted Level of Service concurrent26
with the impacts of development.27
28
Goal 2 (Land Use Patterns): Charlotte County will provide for a variety of development29
opportunities and will promote freedom of individual choice consistent with the Urban Service30
Area strategy.31
Policy 2.5.11 To assist in maintaining the level of service along Burnt Store Road, an access32
management plan shall be adopted by Charlotte County prior to 2020, or construction of33
roadway improvements and criteria shall be established for minimum separation of access34
points in the County Land Development Code.35
Policy 2.5.12 To ensure that adequate funding sources are available for the provision of36
infrastructure, improvements will be funded through a variety of mechanisms that include,37
Community Development Districts (CDDs), Municipal Services Taxing Units (MSTUs), rebate38
agreements, grants and impact fees. Charlotte County will evaluate funding options, including39
the use of bonds and other revenues to expedite the widening of Burnt Store Road from the40
current timeline of 2015 to 2008.41
42
Goal 4 (Land Development): Charlotte County will regulate the use of land in the public43
interest to protect the health, safety, and welfare of their citizens and also to safeguard the44
public investment.45
46

12
Policy 2.2.28(Modified by Ordinance # 2005-002, Adopted on January 18, 2005): The1
following designations shall be used for lands that contain or may contain a vertical and/or2
horizontally arranged mixed-use or multi-use development. Lands designated Mixed Use will3
allow a development style that combines diverse but compatible uses under a cohesive, master4
planned design. Mixed-use development is intended to encourage a variety of community5
activities and services to co-exist in close proximity. The resulting compact development6
should thereby reduce the need for extensive automobile travel. As specified in 9J-5.006(4)(c),7
the policy(ies) that implement and guide development in these districts will include the types of8
land uses allowed, the percentage distribution among the mix of uses, or other objective9
measurement, and the density or intensity of each use. In the case of a Mixed Use DRI district,10
these standards (type, distribution, intensity, and other objective measures) of land use shall be11
written into the locally adopted development order as provided in section 380.06, Florida12
Statutes.13
14
Mixed Use Development of Regional Impact [DRI]15
Mixed Use DRI designates lands which, because of their character, magnitude, or location,16
have substantial effects upon the health, safety, and welfare of citizens within Charlotte County17
and at least one additional surrounding county or municipality. Lands designated as such meet18
the threshold requirements identified within Chapter 380.06, Florida Statutes and must undergo19
intergovernmental review as specified in that chapter as a Development of Regional Impact20
(DRI). All developments within a Mixed Use DRI district must be constructed in accordance21
with a final development order approved by the Board of County Commissioners.22
23
24
18. Standards for Rezoning Approval: Not applicable25
26
27
28

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