Ex Parte - Fiala 11/13/2018 Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
NOVEMBER 13, 2018
BOARD OF ZONING APPEALS
8.A. This item requires ex parte disclosure be provided by the Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to adopt a Resolution of the Board of Zoning Appeals of Collier
County, Florida, providing for the establishment of a conditional use to allow a church
within an Estates Zoning District pursuant to Section 2.03.01.B.1.c.1 of the Collier
County Land Development Code for property located on the southeast corner of
Golden Gate Boulevard and Collier Boulevard in Section 11, Township 49 South,
Range 26 East, Collier County, Florida. (PL20160002577) (This is a Companion to
Agenda Item 9.A)
NO DISCLOSURE FOR THIS ITEM
X SEE FILE ®Meetings Correspondence ®e-mails Calls
Met w/ Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman and Anna Weaver, Email from a
neighbor, Staff Report
ADVERTISED PUBLIC HEARINGS (no Ex Parte)
CONSENT AGENDA
16.A.11 This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve for recording the minor final plat of Sent Creek Preserve
Phase 2C, Application Number PL20180000470.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ❑Correspondence ( le-mails Calls
16.A.12 This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve for recording the final plat of ,sola Bella, (Application
Number PL20180002267) approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ['Correspondence e-mails Calls
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
NOVEMBER 13, 2018
CONSENT AGENDA (continued)
16.A.13 This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve for recording the minor final plat of Lot 8, Southwind
Estates Replat, Application Number PL20180000406.
7 NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls
16.A.29 This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Commercial Excavation Permit PL20180002282 to
excavate and remove an additional 284,085 cubic yards of material from the existing
approved East Naples Mine — Phase 1.
® NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence ❑e-mails nCalls
16.A.30 This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Commercial Excavation Permit PL20180002284 to
excavate and remove an additional 506,337 cubic yards of material from the existing
approved East Naples Mine - Phase 2.
NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence ❑e-mails nCalls
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
NOVEMBER 13, 2018
SUMMARY AGENDA
17.A. This item requires that ex parte disclosure be provided by the Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an Ordinance amending Ordinance No. 99-97, the Collier
Tract 21 Planned Unit Development by allowing automotive vehicle dealers as a
principal use, allowing a hotel up to 200 rooms instead of 100 rooms, and establishing
a traffic trip cap for the commercial tract; providing a parking deviation for a luxury
automobile dealership; and by providing an effective date. The commercial parcel,
consisting of 3.4+/- acres of the 267.44-acre PUD, is located on the west side of US 41
and approximately 2,200 feet north of 111th Avenue in Section 21, Township 48 South,
Range 25 East, Collier County, Florida. (This is a companion to Agenda Item 17.B)
NO DISCLOSURE FOR THIS ITEM
® SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls
Staff Report
Brown lee Michael
From: Jan Lopata <JL240z@hotmail.com>
Sent: Monday, November 12, 2018 4:19 PM
To: FialaDonna; SaundersBurt; TaylorPenny; McDanielBill
Subject: Proposed conditional use PL20160002577
Categories: PRINTED
Hello
Sorry for the late post. I just found out that the Collier County Planning Commission approved the addition of
an Alcohol and Drug Rehab service to the church use. As you may know the neighborhood is against the
conditional church use in the residential neighbor hood. This rehab use was not on the proposal presented to
the neighborhood information meeting a few months back and there were many limitations and changes
shown on that proposal. The limits set didn't help to make the project wanted by the area and that was
supposed to go as it was to the CCPC. They made changes that were not made known and the CCPC approved
it to pass on to your meeting on the 13th of this month. I don't see how the rehab condition can be added at
the last minute. There must be certification requirements needed as well as state and federal
requirements. I don't know if those questions were even brought up. Churches usually don't have in house
rehab. Just a list of people to send troubled souls to where they can seek help. Most didn't go to the meeting
as the thought was the proposal shown at the neighborhood meeting was what was to be voted on at the
CCPC meeting on the 20th of Sept. Its as tho the CCPC just wanted to be shed of the problem and pass it on to
you. Even the county Attorney recommended not to approve the conditional use. I am sure that you know
that this is not the first time a conditional use has been attempted. I know it has been tried at least twice
before and voted down. Please do the right thing and do not allow this conditional use to pass. Thank you
Jan Lopata
1
BrownleeMichael
From: Gary VanDeWerken <garyvandewerken@yahoo.com>
Sent: Monday, November 12, 2018 12:36 PM
To: FaulknerSue; Andy.Solis@colliercounty.gov; McDanielBill; SaboJames; SaundersBurt;
FialaDonna; TaylorPenny
Subject: "Property Zoned Residential Estates Keep it Residential" Grace Romanian Baptist Church
Categories: PRINTED
To The Collier County commissioners,
As a long term resident of Collier County of 50 years, Im living on the property adjacent to the subject property for 32
years with my family because it is zoned residential estates.
I will ask all commissioners these questions, when you purchase property in a residential neighborhood did you plan on
changing the zoning?
Do you want a church and traffic associated with it next to your home?
Would you want somebody to change zoning in your in your residential neighbor hood?
Would you like drug rehabilitation center next to your home?
Do you think its in your neighborhoods best interests to have drug rehabilitation and traffic associated with a church?
We have seen no plans of the actual building,just plotted land and parking, septic drain field.There was an
environmental study completed? How did they forget the land purchased for a supply well by Collier County off 1st Ave
SW less than 100 feet away from proposed church drain field.
A seating capacity of 300 on septic system is not acceptable for anyone in the vacinity using well water for drinking
supply that would be everyone.
Is there room for a sewer water treatment plant on the subject property? No sewer available, should not be allowed.
Grace Romanian Baptist Church had another piece of land rezoned conditional use,they sold it.
I appose anything other than residential estates, keep it residential estates.This is the gateway to the Golden Gate
Estates.
Thanks For Your time
Gary VanDeWerken
1
BrownleeMichael
From: MARK WOOD <mmw3530@comcast.net>
Sent: Sunday, November 11, 2018 4:15 PM
To: FaulknerSue; SaboJames; FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill
Subject: Growth Management Plan Amendment(PL20160002584) and Conditional use approval
(PL20160002577)
Categories: PRINTED
Dear Ms. Faulkner; Mr. Sabo; Ms. Fiala; Mr. Solis; Mr. Saunders; Ms. Taylor; Mr. McDaniel:
I am writing this letter as I cannot attend the scheduled meeting on Tuesday, November 13th at
9:00am.
My husband and I have owned our home on 1st Avenue SW since January of 2004. In that period of
time we have seen the expansion of the Estates Naples Kingdom Hall Church at 3480 Golden Gate
Blvd West, the closure of the access road from Golden Gate Blvd to Webber, and now the new
Church that is slated to be constructed on the SE corner of Webber and Golden Gate Blvd.
We already have the following on our street:
Cypress Wood Presbyterian Church
Estates Naples Kingdown Hall Church
Max A. Hasse Jr. Community Park
Big Cypress Elementary School
All of these are within 1/2 a mile of the site where the new Church is being built.
We are already subjected to morning and afternoon traffic, and cars parked on our street (to the point
that our home cannot be accessed from 2:45pm until 3:15pm) due to the school. There is also traffic
all day long due to the park and the 2 Churches. The Estates Naples Kingdom Hall Church has
services during the week as well as the weekend.
In addition, due to the closure of the left hand turn on to Webber from Golden Gate Estates when
heading east, now our street has become a cut through to get to Webber. In the morning at 7:00am
1
there are cars driving 50 miles an hour down our street. This happens from 7:00am to about 9:00am
as people are heading to work and then later in the afternoon for either picking up children at Max
Hasse or cutting through to Golden Gate Blvd. Once a month on Saturday the Park has a yard sale
that last from about 8:00 until 2:00pm.
I walk every morning from my home at 3530 1st Avenue SW to 5th Avenue SW, and it has become
extremely frightening as the traffic on 1st Avenue SW and the traffic on Webber is excessive, and for
the most part everyone is speeding and none of these individuals live on either Webber or any street
off Webber.
You are now letting another Church be built on an already congested 1/2 a mile radius and honestly
do we need another Church so close to the other two? If people are coming from the East to attend
the new Church on the corner of Webber and the Blvd, and if there is an entrance on 1st Avenue,
then they will be coming down 1st Avenue SW to access the Church. More traffic on our street and
more traffic on Webber.
We did not move out to Golden Gate Estates to live next to a drug and rehab center, that I am
assuming will have 24 hour access, or 3 Churches within a 1/2 mile radius.
Please put yourselves in our shoes and think "would you like to have this much congestion in your
neighborhood"?
Sincerely,
Marlene and Mark Wood
2
BrownleeMichael
From: Patrick Miller<Patrick.Miller@lmcu.org>
Sent: Saturday, November 10, 2018 5:04 PM
To: FialaDonna
Subject: Fwd: Grace Romanian Church GG Blvd and 951
Categories: PRINTED
Begin forwarded message:
From:<Patrick.Miller@lmcu.org>
Date: November 10, 2018 at 4:09:59 PM EST
To:<sue.faulkner@colliercountyfl.gov>, <Bill.mcdaniel@colliercountvfl.gov>,
<donna.fiala@colliercountfl.gov>,<burt.saunders@colliercountyfl.gov>,
<penny.taylor@colliercountyfl.gov>,<andy.solis@colliercountvfl.gov>
Cc:<Mark.Strain@colliercountyfl.gov>
Subject:Grace Romanian Church GG Blvd and 951
To all:
This petition continues to change from a neighborhood church with limited hours and restrictions which
are much more compatible with our Neighborhood and the life that we all have moved to the Estates to
enjoy.
My wife and I have lived on Weber Blvd S for over 25 years and in Collier County for over 50 years.
Please review your own county attorneys guidance that the CPI ignored!
I quote their job is to how to make the conditional use compatible with the neighborhood "
They failed in their duties and this conditional use is not compatible with the neighborhood when it is
allowed to operate 24 hrs a day 7 days a week and have drug and alcohol rehab services,
This request also requires an amendment to the Land Development Code which should also not be
approved.
Please Please do not vote for this request and send it back for reconsideration to the CCPC and instruct
them to do their duties as out
Inked by the county attorney
Thank you for your time and consideration
Patrick K. Miller
Terry B Miller
210 Weber Blvd S
Naples, Fl. 34117
239-216-2285
1
BrownleeMichael
Subject: Meet w/ Rich Yovanovich, Jessica Harrelson, Josh Fruth, Adrian Roman and Anna Weaver re:
Grace Romanian Church
Location: BCC Conference Room
Start: Tue 11/6/2018 2:00 PM
End: Tue 11/6/2018 2:30 PM
Recurrence: (none)
Organizer: FialaDonna
1
BrownleeMichael
From: James Schortemeyer<schortfire@aol.com>
Sent: Monday, November 05, 2018 10:25 AM
To: FialaDonna
Subject: Re: Ordinance petition PL20160002584/CPSS-2017-1,
Honorable Commissioner Fiala,
PLEASE DENY THIS PETITION. Ordinance petition PL20160002584/CPSS-2017-1, a Growth Management Plan Small
Scale Amendment specific to the Conditional Uses Subdistrict of the Golden Gate Area Master Plan, to allow church uses
for the Grace Romanian Baptist Church. (Adoption Hearing) [This is a Companion to Agenda Item 6976]
South Weber Blvd. has already been adversely impacted by zoning changes on first avenue SW and so called road
'improvements' on Golden Gate Blvd. and White Blvd. Left turns are not allowed onto either of these roads from South
Weber BLVD. Traffic patterns are already intolerable and another zoning 'exception' along this corridor should not be
approved. It will further exacerbate traffic issues with increased illegal turns, u turns, and wrong way traffic.
The Weber Blvd. Estates Zoning has already been severely severely compromised by high volume traffic on CR 951,
White Blvd. and golden Gate Blvd. Along with already approved variances including nearby commercial developments we
are at the threshold of losing the wildlife and environmental benefits that we cherish. Right now, we are fortunate to have
large mammals such as deer, panther and black bear frequent our neighborhood but there have already been too many
vehicle collisions with these large mammals.
Please protect our'estates zoning', environmental values, and wildlife by denying this petition to allow another zoning
exception in Unit 4, GGE.
Jim Schortemeyer
3481 5th ave sw
Naples, Fl
1
$grnty
SUPPLEMENTAL STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION(CCPC)
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION-ZONING SERVICES SECTION
HEARING DATE: SEPTEMBER 20,2018
SUBJECT: PETITION CU-PL20160002577, 3899 1st AVE SW
COMPANION ITEM: PL20160002584/CPSS-2017-1
PROPERTY OWNER/AGENTS:
Applicant Owner: Agent:
Grace Romanian Baptist Church of Naples Inc. Josh Fruth, P.E.
6017 Pine Ridge Road#84 Davidson Engineering, Inc.
Naples, FL 34119 4365 Radio Road, Suite 201
Naples,FL 34104
Richard Yovanovich, Esq.
Coleman,Yovanovich, Koester
4001 Tamiami Trail N. suite 300
Naples,FL 34103
REQUESTED ACTION:
The applicant seeks approval for a Conditional Use to permit construction of a new church for the
subject parcel, which is zoned E, Estates. A church is listed as an allowable conditional use in the
Estates zoning district. There is a companion small scale Growth Management Plan (GMP)
Amendment with the petition.
SUPPLEMENTAL ANALYSIS:
The application was continued to the September 20, 2018 CCPC hearing from the May 17, 2018
CCPC hearing and from the May 3, 2018 CCPC hearing.
CU PL20160002577 Grace Romanian Page 1 of 4 ver.8.29.18
At the May 3, 2018 hearing, the CCPC requested additional information and clarification
regarding proposed conditions of approval related to the project. The clarification requested was
for the specific zoned height and actual height for the steeple feature, maximum square footage
area for all structures, list of prohibited accessory uses, maximum square footage for the Pastor's
residence, outdoor lighting as "dark sky" compliant, clustered palms, the number of parking
spaces, and changing the conceptual site plan to address a right turn only on Weber.
A revised proposed Conceptual Site Plan was provided along with revised proposed conditions of
approval for the church use. The applicant has addressed the zoned height at 50-feet and actual
height for the steeple at 60-feet. The maximum square footage of all structures is shown as 24,000
square feet for the church building and 3,500 square feet for the Pastor's residence. A list of
prohibited uses has been provided, which includes daycare, soup kitchens, and outreach programs.
The proposed site lighting has been provided, which indicates compliance with Dark Sky
provisions. Clustered palms have been provided as part of the Type B. landscape buffer. The
maximum number of parking spaces has been detailed as 140 spaces to be provided. The applicant
has proposed to eliminate ingress and egress on Weber Boulevard.
The back-up CCPC packet materials contains the following information requested by the CCPC:
1. Revised Conceptual Site Plan
2. Revised Conditions of Approval (highlighted and clean)
3. Revised Traffic Impact Statement, Trebilcock
TRANSPORTATION REVIEW:
The project is consistent with Policy 5.1 of the Transportation Element of the Growth
Management Plan,which states,
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2%of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2%of the adopted LOS standard service volume; and
CU PL20160002577 Grace Romanian Page 2 of 4 ver.8.29,16
c. For all other links the project traffic is considered to be significant up to the point where it
is equal to or exceeds 3%of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project's significant
impacts on all roadways. "
The proposed Church development will generate a projected total of+/- 12 PM peak hour, 2-way
trips for the proposed facility on the adjacent local roadway, Golden Gate Boulevard and Collier
Boulevard (CR 951). There is adequate capacity on both roadways to accommodate the proposed
Church development. Therefore, the subject Conditional Use can be found consistent with Policy
5.1 of the Transportation Element of the Growth Management Plan, and as noted above the Traffic
Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to
accommodate this project within the 5-year planning period.
RECOMMENDATION:
The Zoning Division Staff recommends that the Collier County Planning Commission(CCPC)
forward Petition CU-PL20160002577 to the Board of Zoning Appeals (BZA) with a
recommendation of approval for the proposed Conditional Use for a church if the companion
GMP Amendment petition PL20160002584/CPSS-2017-1 is approved and becomes effective. The
Conditional Use Resolution effective date and the GMP Amendment effective date should be
linked and subject to the Conditions of Approval in the proposed Resolution.
ATTACHMENTS:
Attachment A. Proposed Resolution 8-14-18
Attachment B. Revised Traffic Impact Statement, Trebilcock
CU PL20160002577 Grace Romanian Page 3 of 4 ver.8.29.18
PREPARED BY:
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'. ':'-s .ABO,AICP, PRINCIPAL PLANNER DATE
ZO 'IVISION-ZONING SERVICES SECTION
REVIEWED BY:
/Tau- Y,
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RAYMOt V. BELLOWS,ZON G MANAGER DATE
ZONING DIVISION-ZONING SERVICES SECTION
MICHAEL BOSI, AICP, DIRECTOR DATE
ZONING DIVISION-ZONING SERVICES SECTION
APPROVED BY:
j,, S FRENCH,DEP DEPARTMENT HEAD DATE
GROWTH MANAGEMENT DEPARTMENT
CU PL20160002577 Grace Romanian Page 4 of 4 ver.8.29.18
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STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION—ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: SEPTEMBER 20, 2018
SUBJECT: PUDA-PL20180000037 COLLIER TRACT 21
COMPANION ITEM: PL20180000038/CPSS-2018-2
Owner/Applicant: Agent:
The Old Collier Golf Club, Inc. Robert J. Mulhere,FAICP
2550 Goodlette Frank Road North#100 Hole Montes, Inc.
Naples, FL 34103 950 Encore Way
Naples, FL 34110
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to amend Ordinance Number 99-97, as amended, the Collier Tract 21 Planned Unit
Development(PUD).
GEOGRAPHIC LOCATION:
The subject property consists of 3.4+/- acres of the 267.44-acre PUD and is located on the west
side of US 41 and approximately 2,200 feet north of 111th Avenue in Section 21, Township 48
South,Range 25 East, Collier County (see location map,page 2).
PURPOSE/DESCRIPTION OF PROJECT:
This petitioner seeks to amend Collier Tract 21 PUD, approved via Ordinance #99-97, to allow
automotive vehicle dealers as a principal use; allowing a hotel up to 200 rooms instead of 100
rooms, and by reducing the allowable commercial parcel by 250 square feet for each hotel room
instead of 225 square feet and establishing a traffic trip cap for the commercial tract.
PUDA-PL20180000037; Collier Tract 21 Page 1 of 15
Revised: September 12, 2018
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PUDA-PL20180000037; Collier Tract 21 Page 2 of 15
Revised: September 12, 2018
SURROUNDING LAND USE AND ZONING:
4
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of Collier Tract 21 PUD:
North: Developed golf course within Collier Tract 21 PUD, with a current zoning
designation of Collier Tract 21 PUD and is approved for golf courses and lakes.
South: Developed commercial with a WalmartSupercenter, with a current zoning
designation of Plaza 21 PUD and is approved for commercial uses.
East: Tamiami Trail North, a six-lane arterial roadway, and then an automotive vehicle
dealership (Germain BMW), with a current zoning designation of Collier Tract 22
and is approved for commercial, office, residential, and recreational facilities.
West: Developed golf course within Collier Tract 21 PUD, with a current zoning
designation of Collier Tract 21 PUD and is approved golf courses and lakes.
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PUDA-PL20180000037; Collier Tract 21 Page 3 of 15
Revised: September 12, 2018
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The GMP is the prevailing document to support land use decisions, such as this proposed
amendment. Staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any amendment petition. This petition is consistent with the GMP.
Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use
District, Urban Residential Subdistrict,as identified on the Future Land Use Map within the GMP.
This petition is not consistent with text-based Urban Residential Subdistrict or Mixed-Use Activity
Center Subdistrict provisions; it relies, in part, on a companion Small-Scale GMP Amendment to
the FLUE provisions toward achieving consistency with provisions of the Urban Commercial
District, Mixed-Use Activity Center Subdistrict. That amendment [ref. PL20180000038/CPSS-
2018-2] expands Activity Center #2 to include the subject PUD Commercial Tract "C." This
commercial tract was originally approved based upon a former FLUE provision that allowed
flexibility in the boundary of Activity Centers. Based upon the analysis of the current petition,the
proposed PUD Amendment to (a portion of the) the Collier Tract 21 PUD may be deemed
consistent with the FLUE of the GMP, contingent, in part, upon the companion Small-Scale GMP
Amendment being adopted and going into effect. The PUD Ordinance needs to provide for the
effective date to be linked to an effective date of the companion GMP Amendment. (See
Attachment B—FLUE Consistency Review.)
Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact
Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using
the 2017 Annual Update and Inventory Reports(AUIR).
Policy 5.1 of the Transportation Element of the GMP states,
"The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links(roadway segments)directly accessed by the project where project traffic is equal
to or exceeds 2%of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2%of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3%of the adopted LOS standard service volume.
PUDA-PL20180000037, Collier Tract 21 Page 4 of 15
Revised: September 12, 2018
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project's significant
impacts on all roadways. "
The proposed commercial PUD Amendment request on the subject property was reviewed based
on the applicable 2017 AUIR Inventory Report. The TIS submitted in the application indicates
that the PUDA will generate approximately 146 PM peak hour two-way trips which are a reduction
of approximately 98 PM peak hour two-way trips compared to the approved PUD which generates
approximately 244 PM peak hour two-way trips. Because the applicant intends to retain the
approved allowable uses the trip limit provided with this PUDA request is at the higher 244 PM
peak hour two-way trips limit. The proposed development will impact the following roadway
segments:
Roadway Link 2017 Current Peak 2017 AUIR
AUIR Hour Peak Remaining
Existing Direction Service Capacity
LOS Volume/Peak
Direction
Tamiami Trail Wiggins Pass D 3,100/North 173
North (US41) Road to
Immokalee
Road
Immokalee Tamiami Trail C 3,100/West 1,049
Road North (US41)to
Goodlette Frank
Road
Tamiami Trail Immokalee D 3,100/North 762
North (US41) Road to
Vanderbilt
Beach Road
Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate
the projected trips for the proposed PUD within the 5-year planning period. Therefore,the subject
rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
Transportation Planning and Comprehensive Planning Staff agreed regarding interconnection to
the south noting the following sections of the GMP and LDC:
Transportation Element Policy 9.3, which states:
"The County shall require, wherever feasible, the interconnection of local streets
between developments to facilitate convenient movement throughout the road network.
The LDC shall identify the circumstances and conditions that would require the
interconnection of neighboring developments, and shall also develop standards and
criteria for the safe interconnection of such local streets."
PUDA-PL20180000037; Collier Tract 21 Page 5 of 15
Revised: September 12, 2018
li
LDC 4.07.02.J.4
4. Principal vehicular access points shall be designed to encourage smooth traffic flow and
minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic
dividers shall be required where existing or anticipated heavy traffic flows indicate need. The
interconnection of collector and local streets within the PUD to adjacent lands or
developments shall be required except where determined by the County Manager or designee
that interconnection is not feasible or warranted due to existing development patterns,
transportation network needs, or the like. Interconnection of local streets shall be designed to
discourage through traffic,and not adversely impact local streets in the neighboring residential
areas. Where streets within the district intersect adjoining streets, visibility triangle shall be
maintained.
While the petition does not propose vehicular interconnection to the south, Transportation
Planning Staff agrees that interconnection is feasible and agrees with Comprehensive Planning
Staff's recommendation to allow for intercconection.
Conservation and Coastal Management Element(CCME): No revisions to the environmental
portions of the PUD are being made. The petition is consistent with the applicable provisions of
the Conservation and Coastal Management Element(CCME) of the GMP.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5,
Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and
Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as
"Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An
evaluation relative to these subsections is discussed below, under the heading "Zoning Services
Analysis."
Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems
in the area. Stormwater best management practices, treatment, and storage will be addressed
through the environmental resource permitting process with the South Florida Water Management
District.County staff will also evaluate the project's stormwater management system,calculations,
and design criteria at the time of site development plan(SDP) and/or platting(PPL).
Environmental Review: Environmental Planning staff reviewed the petition for compliance with
the GMP and the LDC. No revisions to the environmental portions of the PUD are being made.
Environmental Advisory Council (EAC)review is required since there is an active eagle nest(CO
36/36A) located within the PUD just north of the golf course. The active nest is located within the
PUD. (See Attachment C.) However, the area of proposed revisions is currently outside of the
U.S.Fish and Wildlife Service 660-foot protection zone. There are no modifications to the existing
Preserve areas.
PUDA-PL20180000037; Collier Tract 21 Page 6 of 15
Revised: September 12, 2018
Landscape Review: There are no deviations for landscape requirements associated with this
PUDA. The proposed changes to the PUD do not affect the landscaping standards identified in the
original PUD.
Transportation Review: Transportation Planning staff reviewed the petition for compliance with
the GMP and the LDC and recommends Approval of this PUD request.
Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and
the LDC and recommends approval of this project.
Zoning Services Review: Staff has evaluated the uses proposed and their intensities, and the
development standards such as building heights, setbacks, and landscape buffers. Staff also
evaluated the building mass, building location and orientation,the amount and type of open space
and its location, and traffic generation/attraction of the proposed uses.
The amount of allowable square footage for this commercial tract(Tract"C")is 50,000 SF,which
includes all the Urban Residential Subdistrict permitted and conditional uses of the Commercial
Intermediate (C-3) District as of December 20,1999 and hotels, and motels, and golf course, and
lake tract uses. The subject property is designated Urban Mixed-Use District, Urban Residential
Subdistrict as identified on the Future Land Use Map within the GMP. It shall be noted that the
proposed automotive vehicle dealer and the motel/hotel intensity changes are not consistent with
this subdistrict. As such,this petition relies on a companion Small-Scale GMP amendment to the
Future Land Use Element (FLUE) Map to achieve consistency with the provisions of the Urban
Commercial District, Mixed Use Activity Center Subdistrict. This amendment,
(PL20180000038/CPSS-2018-2) will add the 3.40-acre Tract "C" into the Mixed-Use Activity
Center Subdistrict Activity Center#2 and thereby changing the FLUE Map designation of Tract
"C" from Urban, Mixed-Use District, Urban Residential Subdistrict to Urban, Commercial
District, Mixed-Use Activity Center Subdistrict, Activity Center#2. The proposed amendments
within the Collier Tract 21 PUD will be consistent with the amendments in this Urban,Mixed-Use
District,Urban Residential Subdistrict to Urban,Commercial District,Mixed-Use Activity Center
Subdistrict.Furthermore,there are public facilities and services available consistent with the levels
of service adopted in the GMP, and as defined and implemented through, the Collier County
Adequate Public Facilities Ordinance.
With regard to development standards, the subject property is generally similar with the Collier
Tract 22 and Plaza 21 PUDs with side yard setbacks, maximum heights, minimum lot sizes, and
required landscape buffering. (See table below for Development Standards) Moreover, the rear
setback for Tract"C"is less restrictive than the neighboring PUDs,and the front setback is slightly
more restrictive. Regarding minimum floor areas, the Tract "C" property allows less square
footage than the aforementioned PUDs. In essence, the development standards of Tract "C" are
generally consistent with the surrounding properties with only marginal differences such as front
and rear setbacks, and minimum floor areas. As stated in the Surrounding Land Use and Zoning
section,there is an existing automotive vehicle dealership (Germain BMW) directly to the east of
the subject property and a Walmart Supercenter directly to the south. The applicant is proposing
a luxury car dealership and 200 hotel units for Tract"C"and would not be out of context with the
PUDA-PL20180000037; Collier Tract 21 Page 7 of 15
Revised: September 12, 2018
existing higher intensive uses and therefore would be compatible with the community character of
immediate surrounding neighborhoods.
Development Standards
Front yard setback
Collier Tract 21 - 30 feet from US 41 plus 5 feet for each story in excess of one story
Tract"C"Commercial
Collier Tract 22—Commercial/Office 25 feet
"CO"Land Use Tract
Plaza 21 25 feet from US 41 and 20 feet from 111th Ave North
Side yard setback
Collier Tract 21 - 15 feet
Tract"C"Commercial
Collier Tract 22—Commercial/Office 10 feet
"CO"Land Use Tract
Plaza 21 25 feet
Rear yard setback
Collier Tract 21 - 15 feet
Tract"C"Commercial
Collier Tract 22—Commercial/Office 25 feet of which a landscape area of 10 feet shall be provided adjacent to non-commercial
"CO"Land Use Tract land uses
Plaza 21 25 feet
Minimum floor area
Collier Tract 21 - 700 s.f.
Tract"C"Commercial
Collier Tract 22—Commercial/Office 1,000 s.f.
"CO"Land Use Tract
Plaza 21 1,000 s.f.
Maximum height
Collier Tract 21 - 50 feet
Tract"C"Commercial
Collier Tract 22—Commercial/Office 80 feet or 50 feet for a shopping center
"CO"Land Use Tract
Plaza 21 45 feet
Minimum lot size
Collier Tract 21 - 10,000 s.f.
Tract"C"Commercial
Collier Tract 22—Commercial/Office 7,500 s.f.
"CO"Land Use Tract
Plaza 21 15,000 s.f.
Landscape Buffer
Collier Tract 21 - 15-foot vegetative buffer along US 41
Tract"C"Commercial
Collier Tract 22—Commercial/Office 15-foot landscape buffer along US 41 and a 5-foot landscape buffer between an outparcel
"CO"Land Use Tract and/or shopping center
Plaza 21 30 percent open space for entire PUD
PUDA-PL20180000037; Collier Tract 21 Page 8 of 15
Revised: September 12, 2018
LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan's compliance with the following criteria in addition to the
findings in LDC Section 10.02.08":
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land,surrounding areas, traffic and access,
drainage, sewer,water, and other utilities.
Staff has reviewed the proposed amendment and is of the opinion the uses and property
development regulations are compatible with the development approved in the area
provided the companion GMPA is adopted.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application,which were reviewed by the County Attorney's
Office, demonstrate unified control of the property.
3. Conformity of the proposed Planned Unit Development with the goals,objectives,and
policies of the Growth Management Plan (GMP).
County staff has reviewed this petition and has offered an analysis of conformity with the
relevant goals, objectives, and policies of the GMP within the GMP Consistency portion
of this staff report on page 4.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements,restrictions on design,and buffering
and screening requirements.
As described in the Staff Analysis section of this staff report, the proposed changes to the
PUD do not affect the landscaping standards of the original PUD.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
No deviation from the required usable open space is being requested, and compliance
would be demonstrated at the time of SDP or PPL.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
PUDA-PL20180000037; Collier Tract 21 Page 9 of 15
Revised: September 12, 2018
The roadway infrastructure is sufficient to serve the proposed project, as noted in the
consistency review. Operational impacts will be addressed at the time of the next
development order (SDP or Plat), at which time, a new Transportation Impact Statement
(TIS)will be required to demonstrate turning movements for all site access points.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The area has adequate supporting infrastructure, including Collier County Water-Sewer
District potable water and wastewater mains, to accommodate this project based upon the
commitments made by the petitioner, and the fact that adequate public facilities
requirements will continuously be addressed when development approvals are sought.
8. Conformity with PUD regulations,or as to desirable modifications of such regulations
in the particular case,based on determination that such modifications are justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
All future development proposed on the Collier Tract 21 PUD would have to comply to
the LDC and other applicable codes. The petitioner is requesting one deviation to the LDC.
Rezone Findings:
LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners...shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable":
1. Whether the proposed change will be consistent with the goals,objectives,and policies
of the Future Land Use Map and the elements of the GMP.
Comprehensive Planning staff determined the subject petition is consistent with the goals,
objectives, and policies of the (FLUM) and other elements of the GMP.
2. The existing land use pattern.
The existing land use pattern (of the abutting properties) is described in the Surrounding
Land Use and Zoning section of this staff report. The proposed use would not change the
existing land use patterns of the surrounding properties.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is currently zoned PUD and would remain as such.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
This petition does not propose any change to the boundaries of the PUD.
5. Whether changed or changing conditions make the passage of the proposed rezoning
PUDA-PL20180000037; Collier Tract 21 Page 10 of 15
Revised: September 12, 2018
necessary.
The proposed change is not necessary; however, it is being requested in compliance with
the LDC provisions to seek such changes because the petitioner wishes to include the
proposed uses and development standards that are specific to the subject parcel.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed PUD Amendment is not anticipated to 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 is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at the
time of first development order(SDP or Plat), at which time, a new TIS will be required to
demonstrate turning movements for all site access points. Finally, the project's
development must comply with all other applicable concurrency management regulations
when development approvals, including but not limited to any plats and or site
development plans, are sought.
8. Whether the proposed change will create a drainage problem.
The proposed PUDA request is not anticipated to create drainage problems in the area,
provided stormwater best management practices,treatment,and storage on this project will
be addressed through Environmental Resource Permitting (ERP) with the South Florida
Water Management District(SFWMD).County staff will evaluate the project's stormwater
management system, calculations, and design criteria at the time of SDP and/or PPL.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated the changes proposed to this PUD Amendment would seriously reduce
light or air to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
This is a subjective determination based upon anticipated results which may be internal or
external to the subject property.Property valuation is affected by a host of factors including
zoning; however,zoning by itself may or may not affect values, since value determination
is driven by market value.
PUDA-PL20180000037; Collier Tract 21 Page 11 of 15
Revised: September 12, 2018
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The addition of the automotive vehicle use and allowing a maximum of 200 hotel rooms
instead of 100 rooms is not anticipated to serve as a deterrent to the improvement of the
adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If the proposed development complies with the GMP through the proposed amendment,
then that constitutes a public policy statement supporting zoning actions when they are
consistent with said Comprehensive Plan. In light of this fact, the proposed change does
not constitute a grant of special privilege. Consistency with the FLUE is further determined
to be a public welfare relationship because actions consistent with plans are in the public
interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning; however, the
proposed uses cannot be achieved without amending the PUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
It is staffs opinion that the proposed uses, associated development standards, and
developer commitments will ensure that the project is not out of scale with the needs of the
community.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The petition was reviewed for compliance with the GMP and the LDC, and staff does not
specifically review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Any development anticipated by the PUD Document would require considerable site
alteration, and this project will undergo extensive evaluation relative to all federal, state,
and local development regulations during the SDP and/or platting processes, and again
later as part of the building permit process.
17. The impact of development on the availability of adequate public facilities and
PUDA-PL20180000037; Collier Tract 21 Page 12 of 15
Revised: September 12,2018
services consistent with the levels of service adopted in the Collier CountyGrowth
p
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities(APF), and the project will need to be consistent with
all applicable goals and objectives of the GMP regarding adequate public facilities, except
as may be exempt by federal regulations. This petition has been reviewed by County staff
responsible for jurisdictional elements of the GMP as part of the amendment process, and
those staff persons have concluded that no Level of Service will be adversely impacted
with the commitments contained in the PUD Document. The concurrency review for APF
is determined at the time of SDP review. The activity proposed by this amendment will
have no impact on public facility adequacy in regard to utilities.
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.
DEVIATION DISCUSSION:
The PUD was approved via Ordinance 99-97 without any deviations.The petitioner is now seeking
to add one deviation, and this deviation has been directly extracted from the proposed PUD
ordinance, itemized in Section 5 (see Attachment A — Proposed Ordinance). The petitioner's
justification and staff analysis/recommendation for this deviation are listed below.
Deviation #1: (Parking Spaces Required)
"Deviation 1 seeks relief from LDC section 4.05.04.G., Parking Spaces Required, to allow a
Luxury Auto Dealership (SIC CODE 5511) to provide 65% of the parking required for a non-
luxury dealership. For the purposes of this deviation, a Luxury Auto Dealership shall be any
automobile dealership that qualifies as a"Luxury Dealership" for Road Impact Fee calculations."
Petitioner's Justification: LDC section 4.05.04.G does not distinguish between luxury auto
dealerships and non-luxury auto dealerships. Luxury dealerships experience less customer activity
than non-luxury dealerships, and thus require fewer parking spaces. The nexus is provided by the
Collier County impact fee schedule under the Road impact fee category. Road impact fees are
assessed at the rate of$10.94692 per sffor a Luxury Dealership and$16.87814 for a non-Luxury
dealership. Based on the ratio between these road impact fees (the basis of which is trip
generation), it is logical that the parking requirement for luxury dealerships should be 65% of a
non-luxury dealership since they generate 65%less traffic.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance
with LDC Section 10.02.13.A.3,the petitioner has demonstrated that"the element may be waived
without a detrimental effect on the health,safety,and welfare of the community,"and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
PUDA-PL20180000037; Collier Tract 21 Page 13 of 15
Revised: September 12, 2018
NEIGHBORHOOD INFORMATION MEETING(NIM):
The applicant conducted a NIM on July 26, 2018, at the DoubleTree Suites by Hilton Naples,
Sorrento Ballroom — Salon A at 12200 Tamiami Trail North. The meeting commenced at
approximately 5:30 p.m. and ended at 5:40 p.m. The applicant's agent explained the request for
the proposed PUD Amendment. Robert Mulhere FAICP, the agent, gave a presentation and
answered questions from attendees. It was discussed that the changes are to allow: 1) a new car
dealership as a principal use 2)Allowing 200 units instead of 100 units for motels and hotels 3)If
a hotel is developed then the maximum square footage would be reduced by 250 square feet for
every hotel room from the maximum 50,000 square feet on the commercial tract. There were also
general discussions about the general location of the commercial tract. No commitments were
discussed at this NIM meeting. A copy of the sign-in sheet and NIM summary are included in
Attachment D.
ENVIRONMENTAL ADVISORY COUNCIL (EAC)RECOMMENDATION:
Pursuant to Section 2-1193 of the Collier County Code of Laws and Ordinances, the project
requires review by the Environmental Advisory Council (EAC)as there is a Bald Eagle nest.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office reviewed this staff report on September 12, 2018.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of
approval.
Attachments:
A) Proposed Ordinance
B) FLUE Consistency Review
C) Eagle Nest location
D) Backup Materials
PUDA-PL20180000037; Collier Tract 21 Page 14 of 15
Revised: September 12, 2018
PREPARED BY:
ti F
TIMOTHY AICP,PRINCIPAL PLANNER �~ 7-
DATE
ZONING DIVISION-ZONING SERVICES SECTION
REVIEWED BY:
RAYMOND BELLOWS,ZONING MANAGER DATE
ZONING DI SION-ZONING SERVICES SECTION
MIKE BOSI, AICP, DIRECTOR DATE
ZONING DIVISION-ZONING SERVICES SECTION
APPROVED BY:
I- 7- / S
AMES FRENCH,DEPUTY DEPARTMENT HEAD DATE
GROWTH MANAGEMENT DEPARTMENT
PUDA-PL20180000037;Collier Tract 21 Page 15 of 15
Revised:September 7,2018