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Agenda 07/08/2014 Item #17B7/8/2014 17.B. EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from Commercial Intermediate (C -3) and Heavy Commercial (C -5) zoning districts to a General Commercial (C -4) zoning district, for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake- Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.95 + /- acres; providing for repeal of Ordinances 99- 84, 00 -75, 02 -26, 03 -31 and 04 -23; and by providing an effective date; [RZ- PL20130001652 — companion to CU- PL20130002241 and PL20130002249 /CPSS- 2013 -21. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property consists of three undeveloped commercial tracts of land. The two southernmost tracts of land are zoned Heavy Commercial (C -5) and are located within Activity Center # 7. The northernmost tract of land is zoned Commercial Intermediate (C-3). The petitioner is requesting to rezone the C -3 and C -5 tracts to C -4. If this rezone petition is approved, the subject property would be eligible to be developed with permitted C -4 uses except for those listed in the Conditions of Approval. In addition, the petitioner is requesting two companion petitions. One of the petitions is for a small scale Growth Management Plan Amendment to incorporate the C -3 parcel into Activity Center # 7. The other petition is for a Conditional Use (CU) to allow air conditioned indoor self storage (SIC Code 4225). The end user is not specifically known at this time. The Conceptual Site Plan depicts a 170 -foot wide FPL easement along the eastern property boundary and a 15 -foot wide FPL easement that bisects the center of the parcel from east to west. There is also a 20 —foot wide utility easement along the north property boundary. The Conceptual Site Plan also depicts the minimum code required 20 -foot wide Type D Landscape Buffer along Collier Boulevard (CR 95 1) and 10 to 15- foot wide Type B Landscape Buffers along all of the other property lines. Access to the site will be from Collier Boulevard (CR 95 1) via a shared access bridge over the Henderson Creek Canal. To date, no letters of objection or support have been received. Therefore, this petition has been placed on the Summary Agenda. FISCAL IMPACT: The Rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of Packet Page -2542- 7/8/2014 17.B. development. However, if the Rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition RZ- PL2013000162, Collier Boulevard Commercial Properties on June 5, 2014, and by a vote of 7 to 0 recommended that the item be brought back on consent agenda at the next CCPC meeting in order to incorporate changes introduced by petitioner and approved by the CCPC during the June 5th meeting. The CCPC approved the consent agenda item at the June 19, 2014 CCPC meeting, and recommended to forward this petition to the Board of County Commissioners with a recommendation of approval subject to the Conditions of Approval attached as Exhibit B to the Ordinance. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from C -3 and C -5 zoning districts to a C -4 zoning district. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones: 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Packet Page -2543- 7/8/2014 17. B. 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.] 06, art.11], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAS) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve Petition RZ- PL201300001652, Collier Boulevard Commercial Properties, and authorize the Chairman to sign the attached Resolution, subject to the approval of the companion Growth Management Plan Amendment PL20130002249/CPSS- 2013 -2. Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments: 1) Staff Report 2) Proposed Ordinance 3) Location Map Packet Page -2544- 7/8/2014 17.B. 4) Application- go to: http: / /www.collieraov. net /ftp /AgendaJulyO6l4 /GrowthMgmt /Rezone Application for Collier Blvd _Comm Prop 5- 5- 14.pdf Packet Page -2545- COLLIER COUNTY Board of County Commissioners Item Number: 17.17. B. 7/8/2014 17.B. Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from Commercial Intermediate (C -3) and Heavy Commercial (C- 5) zoning districts to a General Commercial (C -4) zoning district, for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake- Hammock Road (C.R. 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.95+/ - acres; providing for repeal of Ordinances 99 -84, 00 -75, 02 -26, 03 -31 and 04 -23; and by providing an effective date; [RZ- PL20130001652 - companion to CU- PL20130002241 and PL20130002249/CPSS- 2013 -21. Meeting Date: 7/8/2014 Prepared By Name: GundlachNancy Title: Planner, Principal, Comprehensive Planning 6/11/2014 10:26:15 AM Submitted by Title: Planner, Principal, Comprehensive Planning Name: GundlachNancy 6/11/2014 10:26:16 AM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 6/11/2014 1:43:34 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/11/2014 5:04:00 PM Packet Page -2546- 7/8/2014 17.B. Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 6/12/2014 8:43:46 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/13/2014 4:05:27 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 6/25/2014 1:43:50 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/25/2014 4:23:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:47:23 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/30/2014 4:36:33 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 3:24:16 PM Packet Page -2547- 10 7/8/2014 17.B. AGENDA ITEM 9 -13 i •11 COLLIER COUNTY PLANNING COMMISSION PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: APRIL 17, 2014 SUBJECT: RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES (COMPANION TO CU- PL20130002241 AND GMPA- PL20130002249/ CPSS- 2013-2) .�, Applicant /Owner: Mr. Peter Sulick Amerisite LLC 3295 Fort Charles Drive Naples, FL 34102 REOUESTED ACTION: Agent: Mr. Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 18.95± acre site from the Commercial Intermediate (C -3) and Heavy Commercial (C -5) zoning districts to a General Commercial (C-4) zoning district. GEOGRAPHIC LOCATION: The subject 18.95+ acre parcel is located on the east side of Collier Boulevard (CR 951), approximately 1,005 feet north of Rattlesnake Hammock Road Extension, lying north of the Good Turn Center Mixed -use PUD (Planned Unit Development), having an approximate address range of 8560 to 8620 Collier Boulevard, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See the location trap on the.following page.) RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Pape 1 of 12 Packet Page -2548- 1 O � � 7 IN I •aa) 6avn3xwa amw� CM Z W� mo 0 J G 2. 7/8/2014 17.B. 3Tfi5 61 1DN / q y - 3 B o GG A 3 1.2 O � < p _ � � O �Sd ss 13:0 3666 n dins YFFFFb y� ' S � r� p� s nj �T pia _Ytl aavn3�rroe z j� MOaY1NYlr rvANT,Mrc I I a Packet Page -2549- L.L. V z z 0 N z 0 U 0 a Z C F- U. a 7/8/2014 17.B. PURPOSE/DESCRIPTION OF PROJECT: The subject property consists of three undeveloped commercial tracts of land. The two southernmost tracts of land are zoned Heavy Commercial (C -5) and are located within Activity Center # 7. The northernmost tract of land is zoned Commercial Intermediate (C -3). The C -5 tracts have conditions from a previous rezoning. The southernmost C -5 tract allows only C -1 through C -4 land uses along with a condition allowing self storage (SIC Code 4225). The northernmost C -5 parcel allows a 12,000 square -foot retail facility and a 60,000 square -foot self - storage facility. (Please see attached Ordinances 99 -84 and 02 -26.) The C -3 tract allows shopping center uses and office uses (including medical), but does not allow self storage. (Please see attached Ordinance 04- 23.) The petitioner is requesting to rezone the C -3 and C -5 tracts to C -4. If this rezone petition is approved, the subject property would be eligible to be developed with all permitted C -4 uses. In addition, the petitioner is requesting two companion petitions. One of the petitions is for a small scale Growth Management Plan Amendment to incorporate the C -3 parcel into Activity Center # 7. The other petition is for a Conditional Use (CU) to allow motor freight transportation and warehousing (SIC Code 4225), (air conditioned and mini -and self storage warehousing only) in the C -4 zoning district. The end user is not specifically known at this time. The Conceptual Site Plan depicts a 170 -foot wide FPL easement along the eastern property boundary and a 15 -foot wide FPL easement that bisects the center of the parcel from east to west. There is also a 20 —foot wide utility easement along the north property boundary. The Conceptual Site Plan also depicts the minimum code required 20 -foot wide Type D Landscape Buffer along Collier Boulevard (CR 951) and 15 -foot wide Type B Landscape Buffers along all of the other property lines. Access to the site will be from Collier Boulevard (CR 95 1) via a shared access bridge over the Henderson Creek Canal. SURROUNDING LAND USE AND ZONING: SUBJECT PARCEL: The site is currently undeveloped with a current zoning designation of C -3 and C -5 and with a proposed zoning designation of C -4 (General Commercial) 01)R4910111210kilts North: Undeveloped land in the A (Rural Agriculture) zoning district East: Undeveloped land and a FPL Substation in the A (Rural Agriculture) zoning district South: Undeveloped land in the Good Turn Center MPUD zoning district West: 100 -foot wide Henderson Creek Canal right -of -way, then Collier Boulevard (CR 951) and then commercial and golf course land uses in the Naples Lakes Country Club PUD zoning district RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paae 3 of 12 Packet Page -2550- 7/8/2014 17. B. Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The C -3 parcel is currently designated Urban (Urban Mixed Use District, Urban Residential Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. The proposed rezone is not consistent with this designation. However, the companion GMP amendment would re- designate the C -3 parcel Urban (Urban Commercial District, Mixed Use Activity Center (MUAC) Subdistrict). The Mixed Use Activity Center (MUAC) designation includes the following "factors to consider during review of a rezone petition" (each followed by staff analysis /comment in [bold text]). a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. [The project is proposed not as a Planned Unit Development, but as a standard rezone.] Applicant explains due to the fact the subject site already has commercial zoning, a conventional rezone (C -3 & C -5 to C -4) is proposed b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. [Application materials include this information.] RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paqe 4 of 12 Packet Page -2551- 7/8/2014 17.B. C. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. [Application materials do not include such data and analysis.] Applicant explains because the subject site already has commercial zoning and does not propose additional commercial acreage, no market demand analysis is necessary. [Application materials do include, however, an inventory of developed and vacant commercial tracts located within two radial miles of the subject property. Along with the explanation and understanding that this request is a combination of commercial -to- commercial up -zones and down - zones, with uses limited by Conditional Use, staff is able to develop a consistency determination.] d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. [Application materials include this information.] e. Adequacy of infrastructure capacity, particularly roads. [Please refer to the Transportation Element in this Staff Report.] f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. [Please refer to the Planning & Zoning Review in this Staff Report.] g. Natural or man-made constraints. [Application materials address this factor.] h. Rezoning criteria identified in the Land Development Code. [Please refer to the Planning & Zoning Review in this Staff Report.] i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. [Please refer to the Transportation Element in this Staff Report.] j. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. [Please refer to the Transportation Element and Review in this Staff Report.] k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. [Please refer to the Transportation Review in this Staff Report.] 1. Conformance with the architectural design standards as identified in the Land Development Code. [Please refer to the Planning & Zoning Review in this Staff Report.] Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. 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. RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paqe 5 of 12 Packet Page -2552- 7/8/2014 17.B. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code (LDC). [The site is across a canal from Collier Boulevard (CR 951), an arterial, and no other roads. Access to Collier Blvd. is expected — there is an existing bridge from Collier Blvd. to the site. Access to Rattlesnake Hammock Road Extension would be through two intervening undeveloped Planned Unit Developments.] Applicant explains other access consideration will be addressed at the time of SDP submittal. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Application materials do not include access or road plans for review and consideration. Standard (non -PUD) rezones are not required to submit a site plan.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [To the south is the Good Turn Center Mixed Use PUD then the Hammock Park Commerce Centre Commercial PUD, with Rattlesnake Hammock Road Extension beyond. The eastern and northern borders abut undeveloped lands zoned A, Rural Agricultural, and within the Urban Residential Fringe Subdistrict. Application materials do not include interconnection plans for review and consideration. Standard (non -PUD) rezones are not required to submit a site plan. Consideration of interconnections would occur during site development plan (SDP) review.] Applicant explains interconnection with adjacent properties will be addressed at the time of SDP submittal. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [A variety of commercial use types are allowed. The specific companion CU proposal for mini- and self storage warehousing, however, is typically a secure space, and these development attributes would not apply.] Transportation Element: The Transportation Services Department has reviewed the Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Access management, traffic flow on -site and off -site, median openings, traffic signalization, pedestrian and vehicular interconnections will be reviewed at the first and subsequent development orders. Conservation & Coastal Management Element (CCME): Environmental review staff will review this project for consistency with the Conservation & Coastal Management Element (CCME) at the next development order. This petition does not include a review of the Environmental Data as it is not required at this time. RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paae 6 of 12 Packet Page -2553- Based on the above analysis, Comprehensive with the Future Land Use Element (FLUE) companion GMP amendment is adopted. ANALYSIS: 7/8/2014 17.B. Planning staff finds the proposed rezone consistent of the Growth Management Plan (GMP) -if the Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.08. F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC (Board of Collier County Commissioners), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Rezone Findings." In addition, staff offers the following analyses: Transportation Review: Transportation Department Staff has reviewed the petition for compliance with the GMP and the LDC and is recommending approval. Environmental Review: Environmental Services staff has reviewed the petition to address environmental concerns. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2 -1193 of the Collier County Codes of Laws and Ordinances. The petitioner will be required to provide a Preserve as required by LDC section 3.05.07 at the time of next development order. The Preserve calculation, location, and other requirements will be required to be provided at that time. Utility Review: Utilities staff reviewed and approved this petition. The petitioner's "Statement of Utility Provisions" indicates water service and sewage disposal will be provided by the Collier County utility system. Planning & Zoning Review: As previously mentioned, the subject property consists of three undeveloped tracts of land. The two southernmost tracts of land are zoned Heavy Commercial (C- 5) and the northernmost tract of land is zoned Commercial Intermediate (C -3). The previously rezoned C -5 tracts have conditions. The southernmost tract allows only C -1 through C -4 land uses along with a condition allowing self storage (SIC Code 4225). The northernmost C -5 parcel allows a 12,000 square -foot retail facility and a 60,000 square -foot self - storage facility. The C -3 tract allows shopping center uses and office uses (including medical), but does not allow self storage. The Naples Lakes Country Club PUD project is located west of the subject site, across Collier Boulevard (CR 951). That project, which has commercial and residential components, along with a golf course, is built out. To the north of the subject property there is undeveloped Rural Agriculture zoned land. To the east of the property there is a 170 —foot wide FPL easement and undeveloped Rural Agriculture land. To the south of the subject tracts is Good Turn Center MPUD, which is not yet developed. The Commercial Intermediate district (C -4) purpose and intent is quoted [in part] from LDC RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paae 7 of 12 Packet Page -2554- 7/8/2014 17.B. Section 2.2.14.1, below: "The purpose and intent of the C -4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C -1 through C -3 districts. As such, all of the uses permitted in the C -1 through C -3 districts are also permitted in the C -4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C -4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C -4 district can most be sustained by the transportation network of major roads. The C -4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County G)v ......" This project should "provide an opportunity for the most diverse types of commercial activities delivering goods and services" among the nearby commercial developments by the residents of Naples Lakes Country Club PUD, Lely Resort and Winding Cypress PUD projects, as well as other residents in the area. Therefore, this petition should be in compliance with the purpose and intent of the C -4 zoning district. The property can be subdivided into multiple parcels and meet the dimensional standards of the proposed C -4 zoning district. Approval of this petition should not be contrary to the requirements of the LDC, and the uses allowable in the C -4 zoning district should not be out of character with the neighborhood. To date, no letters of objection or support have been received. REZONE FINDINGS: LDC Subsection 10.02.08. F. states, "When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners... shall show that the Planning Commission has studied and considered proposed change in relation to the following findings when applicable" (The criteria is italicized, Staff's responses to these criteria are provided in regular font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed rezone is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. The subject site is already zoned commercial. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by undeveloped agricultural land to the north, undeveloped agricultural land and an FPL substation to RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Pace 8 of 12 Packet Page -2555- 7/8/2014 17.B. the east, and undeveloped land in the Good Turn Center MPUD. The commercial uses proposed in this petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. As previously stated, the subject site is already zoned commercial. It is not an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map on page two of this staff report, the existing district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. According to information provided by the petitioner, this rezone request is in response to changing market conditions. The petitioner also contends that the variable zoning and various restrictions that currently exist on each of the parcels create difficulties in developing a unified plan for development and properly designing and developing the site. In addition, there have been several new residential developments approved in the vicinity of the subject site. It is anticipated that this will create an increase in market demand. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change from C -3 and C -5 to C -4 will not substantially change or significantly intensify the allowable uses on the subject site. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the project at this time. This project was evaluated for GMP consistency as shown in that section of this report. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. YVhether the proposed change will seriously reduce light and air to adjacent areas. RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Paoe 9 of 12 Packet Page -2556- 7/8/2014 173. This development should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. The subject site is already zoned commercial. Therefore, Staff is of the opinion this rezone will not adversely impact property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the west of this property are already developed and other surrounding properties are mostly undeveloped as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed in accordance with existing zoning. However, according the petitioner, a rezone is sought to overcome the difficulties and limitations created by the previous piecemeal rezoning of the subject parcels and to create a unified plan of development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. As previously stated, the subject site is already zoned commercial. In addition, the proposed development complies with the GMP requirements for the uses proposed. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Panes in of 19 Packet Page -2557- 7/8/2014 17.B. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. According to information provided by the applicant, the subject site may be platted or processed as a site development plan. Any development anticipated by the proposed zoning district would require some site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING: The applicant duly noticed and held the required meeting on March 18, 2014, at approximately 5:30 p.m. at the South Regional Library, located at 8065 Lely Cultural Parkway, Naples, Florida. Four people along with the applicant and County Staff attended the meeting. For further information, please see the Neighborhood Information Meeting (NIM) Summary (Attachment E). The meeting ended at approximately 6:00 p.m. STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP and the uses allowable in this rezoning will be compatible with surrounding land uses. Staff has provided Rezone Findings to support this contention. Therefore, Planning & Zoning Review staff recommends that the Collier County Planning Commission forward Petition RZ- 20130001652 to the Board of County Commissioners with a recommendation of approval, contingent upon the approval and adoption of the companion GMP Amendment. RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 28, 2014 Panes 11 of 19 Packet Page -2558- PREPARED BY: "YlAIIALA 6�4� k - NANCY G L,/ H, AICP, PRINCIPAL PLANNER GROWTH AGEMENT DIVISION REVIEWED BY: RAYMO4 V. BELLOWS, ZONING MANAGER GROWTFrMANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED B �f� f, ICK CASALANG A, A INISTRATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Ordinance Attachment B: Ordinance 99 -84 Attachment C: Ordinance 02 -26 Attachment D: Ordinance 04 -23 Attachment E: NIM Summary RZ- PL20130001652, COLLIER BOULEVARD COMMERCIAL PROPERTIES March 21, 2014 Pans 19 of 19 Packet Page -2559- 7/8/2014 17.B. DATE 1 DATE DATE Ll DATE 7/8/2014 17.B. ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL INTERMEDIATE (C -3) AND HEAVY COMMERCIAL (C -5) ZONING DISTRICTS TO A GENERAL COMMERCIAL (C -4) ZONING DISTRICT, FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951.) NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95 +/- ACRES; PROVIDING FOR REPEAL OF ORDINANCES 99 -84, 00 -75, 02 -26, 03 -31 AND 04 -23; AND BY PROVIDING AN EFFECTIVE DATE. [RZ- PL20130001652 - COMPANION TO CU- PL201300022411 WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc., representing Amerisite, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Change of Zoning Classification. The zoning classification of the real property consisting of 18.95± acres more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from C -3 and C -5 Zoning Districts to a C-4 Zoning District, subject to the conditions shown in Exhibit B. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Amerisite /RZ- PL20130001652 1 of 2 Rev. 6/19/14 Packet Page -2560- 7/8/2014 17.B. SECTION TWO: Repeal of Prior Zoning Ordinances. Ordinance Nos. 99 -84, 00 -75, 02 -26, 03 -31 and 04 -23 are hereby repealed in their entirety. SECTION THREE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman ;1 (p / ( 9 / (t'j Attachments: Exhibit A — Legal Description Exhibit B - Conditions of Approval CP113 -CPS - 01267 \46 Amerisite /RZ- PL20130001652 2 of 2 Rev, 6119/14 Packet Page -2561- 7/8/2014 17.B. Exhibit A LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST' /4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 03 °12'59" EAST, ALONG THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 1,007.29 FEET; THENCE DEPARTING FROM THE WEST LINE OF SAID SECTION 14, SOUTH 89 °55'45" EAST, A DISTANCE OF 100.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE SAME BEING A POINT ON THE EAST LINE OF THE HENDERSON CREEK CANAL; THENCE NORTH 03 °12'59" EAST, ALONG THE EAST LINE OF SAID HENDERSON CREEK CANAL, A DISTANCE OF 667.53 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID HENDERSON CREEK CANAL, NORTH 89057102" EAST, A DISTANCE OF 1,236.59 FEET; THENCE SOUTH 03 °14'19" WEST, A DISTANCE OF 670.14 FEET; THENCE NORTH 89 °55'45" WEST, A DISTANCE OF 1,236.18 FEET TO THE POINT OF BEGINNING. CONTAINING 825,633 SQUARE FEET OR 18.954 ACRES, MORE OR LESS. Packet Page -2562- 7/8/2014 17.B. EXHIBIT "B" Conditions of Approval: All C -4 uses are permitted, except as prohibited or limited below: The sale or rental of adult oriented books, videos, tapes, or other material in conjunction with any permitted use is prohibited. It. The following C-4 uses, as listed under LDC Section 2.03.03.D.1.a, are prohibited: 7. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 8. Ancillary plants. 9. Animal specialty services, including veterinary (0752, incivamg outside kenneling). 13. Auto and home supply stores (5531). 14. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots "). 15. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 16. Automotive vehicle and equipment dealers (5511 and 5599). 21. Bowling centers, indoor (7933). 22. Building cleaning and maintenance services (7349). 26. Business services - miscellaneous (7381, 7389 — including auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive -away automobile, exhibits - building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). 27. Cable and other pay television services (4841) including communications towers up to specified height, subject to section - 5.05.09. 29. Carwashes (7542) provided that carwashes abutting residential zoning districts shall be subject to section 5.05. 11 of this Code. 32. Civic, social and fraternal associations (8641). Revised 6/19/14 Packet Page -2563- 7/8/2014 17.B. 33. Coin - operated laundries and dry cleaning (7215). 34. Coin operated amusement devices, indoor (7993). 42. Detective, guard and armored car service (7381, including armored car and dog rental). 45. Disinfecting and pest control services (7342). 46. Drycleaning plants (7216, nonindustrial drycleaning only). 49. Educational plants. 50. Educational services (8221 and 8222). 51. Electrical and electronic repair shops (7622 - 7629). 53. Equipment rental and leasing (7359 - including airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 58. Funeral services (7261, including crematories). 60. Gasoline service stations (5541) 63. Golf courses, public (7992). 69. Horne health care services (8082). 74. Labor unions (8631). 77. Laundries, family and commercial (7211). 81. Loan brokers (6163). 83. Marinas (4493 & 4499 - including canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02 89. Motion picture theaters (7832). 90. Motorcycle dealers (5571). 97. Passenger car leasing (7515). 98. Passenger car rental (7514). 99. Personal credit institutions (6141). 103. Photofinishing laboratories (7384). 106. Political organizations (8651). 108. Professional sports clubs and promoters, indoor (7941). 109. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611- 9661). 110. Public or private parks and playgrounds. 114. Radio and television broadcasting stations (4832 & 4833). 118. Repair services - miscellaneous (7699 - including agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 121. Retail nurseries, lawn and garden supply stores (5261). 122. Reupholstery and furniture repair (7641). 126. Shoe repair shops and shoeshine parlors (7251). Revised 6/19/14 Packet Page -2564- 7/8/2014 17.B. 127. Social services, individual and family (8322 -8399, including homeless shelters and soup kitchens). 130. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09 131. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09 132. Theatrical producers and miscellaneous theatrical services, indoor (7922 -7929, including bands, orchestras and entertainers; except motion picture). 136. Videotape rental (7841). 137. Vocational schools (8243- 8299). 140. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. Ill. The Following C-4 Uses, as listed under LDC Section 2.03.03.D.1.a, are Restricted as Indicated: 6 and 105. Amusement and recreation services, indoor (limited to 7991 physical fitness facilities, gyms, yoga, karate, dance instruction and similar indoor fitness facilities). 43. Department stores (5311), not to exceed 20,000 gross square feet of leasable floor area. 61. General merchandise stores (5331- 5399), not to exceed 20,000 gross square feet of leasable floor area. 112. Radio, television and consumer electronics stores (5731), not to exceed 20,000 square feet of gross leasable floor area. III. Maximum Building Height: The allowable zoned building height in C -4 of 75 feet shall be permitted for the following uses: 64. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A -5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4 -193 F.A.C.; all subject to section 5.05.04. 71. Hotels and motels (7011, 7021 and 7041) when located within an activity center. All other uses shall be limited to a maximum zoned height of 50 feet, except retail which shall be limited to 35 feet. Revised 6/19/14 Packet Page -2565- 7/8/2014 17.B. IV. Setbacks and Landscape Buffers: Setbacks and landscaper buffers shall be as required in the Land Development Code at the time of permitting, except as follows: 1. The setback from the northern property line shall be 35 feet. 2. The required landscape buffer along the northern property line shall be 10 feet wide with LDC Alternative B Buffer Plantings. V. Amplified Sound: The use of amplified sound shall be limited to 8:00 AM to 10:00 PM. VI. Unified Design Theme: The project will be developed, whether through a platted subdivision or through a Site Development Plan, with the following: • Shared access from Collier Boulevard; • Shared stromwater management design; • Lighting designed and shielded to prevent spillage or glare on adjacent parcels; • Common architectural, landscaping and signage design theme. VI 1. Notice of Proximity to Florida Sports Park: The developer, its successor or assignee, shall provide to any potential resident of an approved ALF, or similar facility allowing residential habitation, a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the Florida Sports Park (within the Hacienda Lakes PUD) as it relates to the location of this property. The statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which may be heard on the rezoned C -4 property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals , and music concerts. This statement must be presented to the resident prior to entering into any contract. Within 120 days of approval of this rezone, the owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. The notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the Collier Boulevard Commercial property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals , and music concerts. The legal description of the property subject to this rezone shall be attached to the notice. Revised 6/19/14 Packet Page -2566- Vill. Prior to issuance of a building permit on the subject site, assignee, shall pay in full the outstanding "fair share" Boulevard (CR951) six -lane project. Revised 6/19/14 Packet Page -2567- 7/8/2014 17.B. the developer, its successor or costs attributable to Collier a z O wF H Q W U O J a n� R 1 7/8/: b L i 1N3NEVI 1 i'd'd .011 O � s � Y- z e n 5 d s 11 ag e a r2 a 6 "� _ " HE s � 5' 1 MDDWGMOUVS 7!r s A 5 � P (1t6 wo) arvnnnos a3moo n TNVJ (IGG 'tl'0) OWATMG mrr= A p Y 5 NDOV1NI d ONmn08 VA Q� V tlNV9ays V1NVs L.� - Packet Page - 2568 - P� 1 i5 � n C3 'Ph �1 s = �i,�m n iJ 3 6 s 8 mm vatlda b CL • ^ aa•ia � R ^DyAa � " • __ R • MR ! Se G R R F R R� YMS 01 ION / N Aff- ¢ L � s � Y- z e a � 11 e a r2 a 6 "� _ " HE s � —Av noe 1 Namoo 1 MDDWGMOUVS 7!r s A 5 � P w 5 NDOV1NI d ONmn08 VA Q� V tlNV9ays V1NVs L.� - Packet Page - 2568 - P� 1 i5 � n C3 'Ph �1 s = �i,�m n iJ 3 6 s ?014 17.B. Q 75 V Z Z O N CQ G Z O 1� U O J N O P21 O N J, aj 1 Z 0 7', 7/8/2014 17.B. 20A *Wednesday, June 18, 2014 *NAP L E S D A I LY NEWS NOTICE OF INTENT TO CONSIDER ORDINANCES AND A Notice is hereby given that the Collier County Bony Of County Commissioners will hold a public hearing on Tuesday, July O8, 2014, in the Board of County Commissioners Chamber, Third Floor, Collier County Government Center, 3299 Temiaml Trod East, Naples, Florida The meeting will commence at 9:00 A.M. The purpose of the hearing is to consider recommendations to the Board of County Commissioners to ttansmit adoption.of a Small 9e1e Growth Manacement Plan amendment to the Department of Economic Opportunity (DEO), and to consider recommendations for companion Rezone and Conditional Use Lend Use Petitions. The ORDINANCE & RESOLUTION titles are as follows: ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, BY RECONFIGURING. THE BOUNDARY AND INCREASING THE SIZE OF THE NORTHEAST QUADRANT OF MIXED USE ACTIVITY CENTER NO. 7 BY 9.24 ACRES (RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD).;' THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COWER BOULEVARD (C.R. 951), APPROXIMATELY 1,tb5' FEET NORTH OF RATTLESNAKE HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST;`:. CONSISTING OF 9.24 ACRES; AND FURTHERMORE RECOMMENDING TRANSMfITAL OFTHE ADOPTED AMENDMENT TOO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERASILITY AND PROVIDING FOR AN EFFECTIVE DATE (PL2o130002249/CPSS- 2013 -2) AND ORDINANCE NO. 14- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE NUMBER 2004.41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE" COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL.I CLASSIFICATION OF THE" '' NTERMEDIATE (C -3) AND HEAVY COMMERCIAL (THE ZONING DISTRICTS TO AGENERAL COMMERCIAL (C ZONING DISTRICT, FOR PROPERTY LOCATED ON THE-EAST SIDE OF COLLIER BOULEVARD (C.A. 951) NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP %I 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.95+/- ACRES; PROVIDING FOR REPEAL OF ORDINANCES 99-84, 011-76,02-26, 03 -31 AND 04 -23; AND BY PROVIDING AN EFFECTIVE DATE. [RZ- PL20130001652] i AND RESOLUTION NO. 14 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY - FLORIDA PROVIDING FOR THE, ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AIR - CONDITIONED INDOOR SELF STORAGE (SIC CODE 4225){ WITHIN A GENERAL COMMERCIAL (C-4) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.D.1.C.21 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER" COUNTY, FLORIDA. [CU- PL201300022411 4 LASIP CONSERVAnON AREA HACIENDA LAKES (DRI FIRST 13 TSYLA�KUEB V W ASSEMBLY MINISTRIES 14 CD T PROJECT 15 ij 0 ACK LOCATION (C.R 864) RATTLESNAKE HAMMOCK ROAD SURA MEADM HACIENDA LAKES cDLLEGEM'OOD7E RECKIN REGWAL COLLEGE EDISON - PARK VILLAGE 22 2a RDCKEDOE LELY, A RESORT COMMUNITY (DRI) HACIENDA LAKES SAIiAL. PALM. ROAD (DR]) All interested parties are invited to appear and be heard. Copies of the proposed Ordinances and Resolution will be made available for inspection at the Planning & Zoning Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, FL, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the matenals will be made available for inspection, at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments flied with the Clerk to the Board's Office prior to Tuesday, July 08, 2014, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of Count, Commissioners 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. 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 3335 Tamiami Trail East, Suite 101, Naples, FL' 34112- 5356, (239) 252 -8380, at least two days prior to the meeting, c Assisted listening devices for the hearing impaired are, available in the Board of County Commissioners Office. Al BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COWER COUNTY, FLORIDA By: Martha Vergara, Deputy Clerk TOM HENNING, CHAIRMAN IsEAU - :'•� '` No. 231130884 ?' J1.10218,2014", g ., Packet Page -2569- u