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Agenda 12/16/2008 Item # 6F COllIER COUNTY OFFICE OF THE COUNTY MANAGER Agenda Item No. 6F December 16, 2008 Page 1 of 3 3301 East Tamiami Trail' Naples, Florida 34112' (239) 252-8383' FAX: (239) 252-4010 December 4, 2008 Mr. Tim Hancock, AICP Director of Planning Davidson Engineering 3530 Kraft Road, Suite #301 Naples, FL 34105 Re: Public Petition Request to Discuss Rezone Request by North Naples United Methodist Church Dear Mr. Hancock: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 16, 2008, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ./~ _J/:'?Z:. /' ./ , - James V. M~da.--C County Manager JVM/jb cc: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CD&ES Administrator ~'- CIVIL ENGINEERING' PLANNING' ENVIRONMENTAL' LAND DEVELOPMENT SERVICES Agenda Item No. 6F December 16, 2008 DEOf3 DAVIDSON ENGINEERING December 1,2008 (:".~, ',:;'~ 1\. ED OFFICE .:::: (' .",;.,~,~T'., M I:I,N,to.GER James V. Mudd County Manager, U.S. Army Col. (Ret.) County Manager's Office 3301 E. Tamiami Trail Naples, FL 34112 DEe -" 2008 I~C:T:CI, RE: PubUc Petition Request/or December 16, 2008 Dear Mr. Mudd, North Naples United Methodist Church has submitted a rezone request for property located on the East side of Goodlette-Frank Road, approximately \4 mile North of Pine Ridge Road. As you are aware, an element of the review of this rezone deals with the consistency of this petition with the Collier County Growth Management Plan. The review performed by staff contains an interpretation of current language in the GMP that represents a very real and adverse impact to the property owner, North Naples United Methodist Church. The current GMP permits the application of the Office and lnfill Commercial Subdistrict to parcels that abut C-l through C-5 zoning as well as the Commercial component of PUD's provided that stated criteria are met. One of those criteria is as follows; "For properties zoned commercial pursuant to any of the lnfill Subdistricts in the Urban Mixed Use District or in the Urban Commercial District, said commercial zoning shall not qualify the abutting property(s) to become eligible for commercial zoning under this Office and lnfill Commercial Subdistrict." According to the notation at the bottom of the page of the aforementioned language, this language was adopted by Ordinance 2007-18 on January 25, 2007. One potentially unforeseen consequence of this new language may have been to preclude certain parcels that previously would have qualified for the Office and Infill Commercial Subdistrict such as the parcel in question owned by North Naples United Methodist Church. The subject property lies adjacent to the Livingston I Pine Ridge Commerciallnfill Subdistrict which was created prior to 1999 when the property was rezoned for a neighborhood shopping center, general and medical office uses and retail/commercial outparcel development. It is my understanding that the change in the GMP to permit this commercial development pre-dates the change in the language restricting the future development of the church parcel under the Office and lnfill Commercial Subdistrict. It 3530 Krah Road, Suite 301 . Naples. Florida 34105 . Phone: 239.434.6060' Fax: 239.434.6084 www.davidsonengineering.com it "Ii. Agenda Item No. 6F December 16,.2008 DEOf3 DAVIDSON . ENGI NEERING is this consequence of the aforementioned language that the applicant feels was not fully understood by the Bee at the time of adoption and should therefore be subject to interpretation as to the intended application at the time of adoption. Further support of this request lies in the nature of the varied' description of COIIUIlercial Subdistricts in. the GMP. As shown on the attached exhibit, the Goodlette I Pine Ridge Commercial Infill District is 31 acres in size and located at the intersection of two' arterial roadways. . It permits a full array of retail commercial uses, but d~not . allow the adjacent parcel to be rezoned under the Office and Commercial Infill Subdistrict due to it being identified as "Infill" in its title. By comparison, the Vanderbilt Beach / Collier Blvd Commercial Subdistrict is 33.5 acres in size, located at. the intersection of two arterial roadways, and permits a full array of retail commercial uses. Ironically, both centers are anchored by a Sweetbay Supermarket. This parcel however, was not identified as "InfiU" in its name and as such permits adjacent lands to be zoned commercial via the Office and Commercial Infi11 Subdistrict. Two. different properties that are nearly identical in proximity to a major intersection and in size, yet the application of the Office and Commercial Infill District is different because one has the word "infill" in its title. These two parcels obtained their commercial zoning within one year of each other. It is my belief that the current language contained in the GMP as cited above carries with it the unintended consequence of precluding commercial zoning in areas within Collier County that are both reasonable and prudent and more importantly provides for an inequitable application of the Office and Infill designation as demonstrated by the cited case above. . This request for Public Petition is intended to seek direction from the BCC with regard to the application of the Office and Infill Commercial Subdistrict in this cases or cased very similar to this one. Due to the current review cycle of the current rezone petition and the needs of the church to move forward and provide facilities cOmmensurate with their needs, I ask that this request be placed on the agenda for the December 16, 2008 meeting of the BCC as a Public Petition request. Please contact my office with any questions or necessary clarifications if required. I thank you for your time and attention to this matter. Sincerely, .~ Tim Hancock, AICP Director of Planning .