Agenda 09/27/2022 Item #10B (Board discuss the proposed US41 East Zoning Overlay)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 27, 2022
Add on Item 5A: Update on the Status of Hurricane Ian and its potential impact on Collier County. (Staff’s
Request)
Add on Item 10C: Recommendation to appoint Randy Sparrazza as a member to the Collier County
Planning Commission, representing Commission District 1. (Commissioner Locastro’s Request)
Continue Item 9B to the October 11, 2022, BCC Meeting: Recommendation to consider an Ordinance to
establish a Notice to Tenant Ordinance relating to landlords providing written notice of rent increases over
5% to tenants with leases of one year or longer. (All Districts) (Commissioner LoCastro’s Request)
Continue Item 10A to the October 11, 2022, BCC Meeting: *** This Item continued from the September 13,
2022, BCC Meeting. *** Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner
Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code
4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use
Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501)
(Sponsored by Commissioner LoCastro) (District 1) (Commissioner LoCastro’s Request)
Continue Item 10B to the October 11, 2022, BCC Meeting: Recommendation to have
the Board discuss the proposed US41 East Zoning Overlay impacts upon self-storage
facilities along US 41 between the Palm Street/Commercial Drive/US 41 intersection
and the Price Street/US 41 intersection, designed to implement the East Naples
Community Development Plan, as accepted by the Board in October 2020.
(Sponsored by Commissioner LoCastro) (District 1, District 4) (Commissioner
LoCastro’s Request)
Continue Item 16A15 to the October 11, 2022, BCC Meeting: *** This Item continued from the September
13, 2022, BCC Meeting. *** Recommendation to review options to increase public awareness for new Site
Development Plan and Site Development Plan Amendment applications. (All Districts) (Commissioner
McDaniel’s Request)
Continue Item 16H2 to the October 25, 2022, BCC Meeting: Request the Board adopt a proposed resolution
by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions; condemns all forms of
discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender,
creed, sexual orientation, or national origin; condemns any call to violence or use of violence for any purpose
at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of
the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any person, property,
or institution based on faith, race, gender, creed, sexual orientation, or national origin, and will provide to
bigotry no sanction and to persecution no assistance. (Sponsored by Commissioner McDaniel) (All Districts)
(Commissioner McDaniel’s Request)
Continue Item 16C2 to the October 11, 2022, BCC Meeting: Recommendation to approve several
agreements that allow Gulf Coast Junior Golf Tour, Inc. d/b/a The First Tee of Naples/Collier, a Florida not
for profit corporation, (hereinafter “First Tee”) to sublease, construct and operate the First Tee –
Naples/Collier Learning Center (“Learning Center”) on a portion of the Golden Gate Golf Course property
with a term of 99-years, and a right of first refusal in furtherance of the intent of the Board approved Collier
County Standard Form Long-Term Lease and Operating Agreement with CC BSG Naples, LLC
(“BigShots”). (District 3) (Clerk of Courts Request)
Notes:
TIME CERTAIN ITEMS:
Item 5A is to be heard immediately following the approval of the amended Regular, Consent, and Summary
Agenda.
11/7/2022 3:56 PM
09/27/2022
EXECUTIVE SUMMARY
Recommendation to have the Board discuss the proposed US41 East Zoning Overlay
impacts upon self-storage facilities along US 41 between the Palm Street/Commercial
Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement the
East Naples Community Development Plan, as accepted by the Board in October 2020.
(Sponsored by Commissioner LoCastro)
OBJECTIVE: To have the Board discuss implementing a moratorium on new applications for
self-storage facilities in all zoning districts that list this use as a permitted or conditional use
along US 41 between the Palm Street/Commercial Drive/US 41 intersection and the Price
Street/US 41 intersection, until Growth Management Plan and Land Development Code
amendments implementing the East Naples Community Development Plan are adopted.
CONSIDERATIONS: Since 2010, the County has been working with the East Naples
community to establish a development plan for the East Naples area. The US 41 Corridor Study
completed in 2018 served as a basis for the East Naples Community Development Plan, which
was finalized in November 2020. The Corridor Study aimed to determine public preferences for
future development types and uses along this segment of US 41 so that those types of
development and uses could be facilitated and incentivized through Comprehensive Plan policies
and Land Development Code updates. The corridor is currently comprised of shallow C -3, C-4,
C-5 and Planned Unit Development (PUD) zoning districts, which provides for a potentially
inconsistent commercial development pattern for the area and proliferation of uses such as gas
stations, car washes, pawn shops, and self-storage facilities. These types of land uses and
development are inconsistent with the vision desired for the corridor as identified in the East
Naples Community Development Plan.
Staff is currently working on Comprehensive Plan and Land Development Code updates that
implement the recommendations of the Corridor Study and the East Naples Community
Development Plan, and expects to present the amendments to the Board early next year. In order
to better allow the East Naples area to grow and expand consistent with the vision outlined in the
East Naples Community Development Plan, the Board can implement a moratorium staying the
receipt of new applications for self-storage facilities in all zoning districts that list this use as a
permitted or conditional use along US 41 between the Palm Street/Commercial Drive/US 41
intersection and the Price Street/US 41 intersection, until such Growth Management Plan and
Land Development Code amendments are adopted.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed GMP and
LDC amendments.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: No impact is anticipated with the
adoption of this moratorium until the corresponding GMP and LDC amendments are
implemented.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires a majority vote for approval. -JAK
RECOMMENDATION: To review the proposed US41 East Zoning Overlay impacts for self-
storage facilities along US 41 between the Palm Street/Commercial Drive/US 41 intersection and
the Price Street/US 41 intersection, designed to implement the East Naples Community
Development Plan, as accepted by the Board in October 2020.
10.B
Packet Pg. 118
09/27/2022
By: Commissioner Rick LoCastro, District 1
ATTACHMENT(S)
1. Ordinance - Self Storage Moratorium - draft (PDF)
2. BCC Memorandum-east-trail-9-20-22 (DOCX)
3. Commercial Parcels Along US 41 Between EspinaBlvd and CommercialDr-9-20-22 (PDF)
4. Commercial Parcels Along US 41 Between EspinaBlvd and PriceSt-9-20-22 (PDF)
10.B
Packet Pg. 119
09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Doc ID: 23437
Item Summary: Recommendation to have the Board discuss the proposed US41 East Zoning
Overlay impacts upon self-storage facilities along US 41 between the Palm Street/Commercial Drive/US
41 intersection and the Price Street/US 41 intersection, designed to implement the East Naples
Community Development Plan, as accepted by the Board in October 2020. (Sponsored by Commissioner
LoCastro)
Meeting Date: 09/27/2022
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
09/20/2022 2:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/20/2022 2:10 PM
Approved By:
Review:
Zoning Mike Bosi Additional Reviewer Completed 09/21/2022 1:24 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2022 1:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/21/2022 2:10 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/21/2022 3:03 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/21/2022 4:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
10.B
Packet Pg. 120
Draft
1
ORDINANCE NO. 2022 -___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DECLARING AND IMPLEMENTING A
TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING,
AND CONSIDERATION OF APPLICATIONS FOR SELF-STORAGE
FACILITIES ON BOTH SIDES OF U.S. 41 FROM THE PALM
STREET/COMMERCIAL DRIVE/U.S. 41 INTERSECTION TO THE
PRICE STREET/U.S. 41 INTERSECTION, UNTIL SUCH A DATE THAT
GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE
AMENDMENTS IMPLEMENTING THE EAST NAPLES COMMUNITY
DEVELOPMENT PLAN ARE ADOPTED BY THE BOARD, OR
SEPTEMBER 13, 2023, WHICHEVER IS SOONER; PROVIDING FOR
INTENT; PROVIDING FOR NON-INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at its September 13, 2022, Regular Meeting, the Board of County
Commissioners (Board) raised concerns regarding the proliferation of new self-storage facilities
within unincorporated Collier County; and
WHEREAS, the Board was particularly concerned with the impact of this use to the goals
set forth in the November 2020 East Naples Community Development Plan; and
WHEREAS, the Board is currently in the process of developing Growth Management Plan
and Land Development Code amendments implementing the East Naples Community
Development Plan; and
WHEREAS, the Board wishes to place the public and all parties on notice that it is creating
a temporary moratorium on the acceptance, processing and consideration of applications for self-
storage facilities until such a date that the Growth Management Plan and Land Development Code
amendments are approved by the Board, or September 13, 2023, whichever is sooner; and
WHEREAS, the Board also wishes that this moratorium will not be applicable to any
application for a development order that would be otherwise subject to this moratorium where
there has at least been a pre-application meeting prior to September 13, 2022; and
WHEREAS, the Board further limits this moratorium to both sides of U.S. 41 from the
Palm Street/Commercial Drive/U.S. 41 intersection to the Price Street/U.S. 41 intersection; and
WHEREAS, the Board of County Commissioners finds that this Ordinance is in the best
interests of the County and its residents and promotes the health, safety and welfare of the public.
10.B.1
Packet Pg. 121 Attachment: Ordinance - Self Storage Moratorium - draft (23437 : Self-storage facilities in East Naples)
Draft
2
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: INTENT: The above recitals are hereby adopted as the legislative purpose
of this Ordinance and as the Board’s legislative findings.
SECTION TWO: MORATORIUM: The Board of County Commissioners hereby places a
temporary moratorium (suspension) on all applications for development orders for self-storage
facilities on both sides of U.S. 41 from the Palm Street/Commercial Drive/U.S. 41 intersection to
the Price Street/U.S. 41 intersection. For the purposes of this Ordinance, the term “development
order” means the same as defined by Section 163.3164, Florida Statutes. Barring further action of
the Board, the moratorium will expire upon Board approval of the Growth Management Plan and
Land Development Code amendments implementing the East Naples Community Development
Plan, or September 13, 2023, whichever is sooner. The moratorium established by this Ordinance
may be terminated early or extended by adoption of a resolution of the Board of County
Commissioners.
SECTION THREE: APPLICABILITY: This moratorium will not be applicable to any
application for a development order that would be otherwise subject to this moratorium where
there has at least been a pre-application meeting prior to September 13, 2022.
SECTION FOUR: NON-INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Given the temporary nature and effect of this Ordinance, it is the intent of the Board of County
Commissioners that this Ordinance not be codified.
SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance
conflicts with any other ordinance of Collier County or other applicable law, the more restrictive
shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION SIX: EFFECTIVE DATE. This Ordinance shall be effective September 13,
2022.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this ____ day of _____________, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:______________________________________
, Deputy Clerk WILLIAM L. MCDANIEL, JR., CHAIRMAN
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
10.B.1
Packet Pg. 122 Attachment: Ordinance - Self Storage Moratorium - draft (23437 : Self-storage facilities in East Naples)
Memorandum
To: Commissioner District 1, Rick LoCastro
Commissioner District 2, Andy Solis
Commissioner District 3, Burt Saunders
Commissioner District 4, Penny Taylor
Commissioner District 5, William McDaniel, Jr.
Through: Amy Patterson, County Manager
From: Michele Mosca, AICP, Principal Planner
Growth Management Community Development Department
Date: September 19, 2022
Subject: Moratorium on Self-Storage/Mini-Storage/Warehouse Use
CC: Daniel Rodriguez, Deputy County Manager
Ed Finn, Deputy County Manager
James French, Dept. Head, Growth Management Community Development Dept.
Michael Bosi, Director, Growth Management Community Development Dept.
The Board of County Commissioners requested supplemental information regarding the
establishment of a moratorium on self-storage/mini-storage/warehouse uses (SIC 4225) along the
US 41 East corridor, between the “Palm Street/Commercial Drive/US 41 intersection and the
Price Street/US 41 intersection.”
---------------------------------------------------------------------------------------------------------------------
The East Naples Community Development Plan (ENCDP) was accepted by the Board of County
Commissioners in October of 2020. The development of the Plan included an extensive public
input process culminating in a community plan that guides land uses and development, promotes
various transportation modes, highlights the community’s assets and improvements, provides
follow-up efforts to address topics of community interest, and provides steps on implementation.
The ENCDP prioritizes the implementation of a zoning overlay along the US 41 East corridor
(Tamiami Trail East), specifically providing for it to be established within 5 years. An objective
of the zoning overlay is to promote the strategic placement of land uses to enhance the
community’s sense of place by providing guidance on future development and redevelopment
projects to expand employment opportunities, leisure activities, dining, and shopping to meet the
10.B.2
Packet Pg. 123 Attachment: BCC Memorandum-east-trail-9-20-22 (23437 : Self-storage facilities in East Naples)
growing needs of the community. Additionally, the zoning overlay will address those land uses
deemed undesirable by the community that are intended to be interspersed throughout the county
and proximate to the residents and businesses they serve; these uses include self-storage/mini-
storage warehousing, gasoline service stations, car washes, fast food restaurants with drive-thru
windows, and outdoor display, sale and storage uses.
In 2021, the County contracted with Johnson Engineering [consultant] to prepare a zoning
overlay for the US 41 East corridor, consistent with the ENCDP. The community has been
actively engaged with staff and the consultant in developing the proposed US 41 East Zoning
Overlay (US 41 EZO) for the segment of US 41 East, beginning at Palm Drive to the east side of
Port of the Islands. During the months between January and April 2022, the project team
conducted staff team meetings, and stakeholder and community meetings to solicit input on the
preliminary development and design standards for residential, mixed-use, and commercial
development, and, spacing criteria for commercial uses, in part, to address the undesirable uses
identified in the ENCDP. The project team will conduct public outreach meetings in October and
November of 2022 to solicit input on the draft zoning overlay and final draft zoning overlay
respectively; these meetings will be followed by committee meetings (Development Services
Advisory Committee) and public hearings (Planning Commission and Board of County
Commissioners), with an anticipated completion date in June 2023.
Specific to the Board’s discussion on the moratorium for self-storage/mini-storage/warehouse
use, properties zoned C-5 (Heavy Commercial) allow self-storage as a Permitted Use; properties
zoned C-4 (General Commercial) allow self-storage as a Conditional Use; and, Planned Unit
Developments (PUD) approved for commercial uses allow self-storage use through the approval
of a comparable and compatible use determination by the Hearing Examiner (HEX). Properties
along the US 41 East corridor that are zoned C-1 through C-3, and not within a mixed-use
activity center, may only be rezoned to allow self-storage use with an approved Growth
Management Plan amendment to the Future Land Use Element.
Staff’s analysis of the affected properties within the proposed moratorium limits along the US 41
East corridor includes only those parcels/lots zoned C-5, C-4, and PUDs approved for
commercial uses.
▪ +14 parcels/lots are zoned C-5 and all 14 properties are developed.
▪ +123 parcels/lots are zoned C-4 and 21 properties are undeveloped.
▪ Twelve (12) PUDs along the corridor are approved for commercial uses: two PUDs
(Wentworth Estates and Vincentian) have been approved for self-storage use by the HEX
but are undeveloped; one PUD (Tree Tops) allows self-storage as a permitted use and is
developed; 2 PUDs (Sabal Bay and Micelli) have vacant parcels that could accommodate
self-storage use but require the approval of a comparable and compatible use
determination by the HEX; and, the 7 remaining PUDs would need a comparable and
compatible use determination to redevelopment the site with a self-storage use.
10.B.2
Packet Pg. 124 Attachment: BCC Memorandum-east-trail-9-20-22 (23437 : Self-storage facilities in East Naples)
Note: Not all C-4 parcels/lots can accommodate a self-storage/mini-storage/warehouse use due
to the lot/parcel dimensions.
The proposed US 41 EZO with draft development and design standards for self-storage/mini-
storage/warehouse use along the corridor will be presented to the community for input in
October; they are listed below.
1. Self-Storage/Mini Storage/Warehouse (4225)
a. Multiuse requirement.
▪ At least 20% of the gross floor area must be occupied by an alternate use
integrated within the same building. Alternate uses as identified in the
ENCDP, shall include service industries, multifamily dwellings, retail or
shopping, restaurant, hotel or resort, or entertainment; or
▪ Multi-use on site but not within the same building provided the non-storage
use building is located in the front part of site and screens the view of the
storage use behind.
b. Enhanced perimeter buffer. The perimeter of property shall be enhanced with a
25-foot-wide landscape buffer containing a two-to-three-foot undulating
landscaped berm, without a wall, consisting of a minimum of five shade trees per
100 linear feet, and a double staggered hedge row maintained to form a 36-inch
high continuous visual screen within one year of planting.
c. Building design criteria.
i. The use of metal roll-up garage doors located on the exterior of the
perimeter buildings and walls of buildings which are visible from a public
right-of-way is prohibited;
ii. Access to individual units whether direct or indirect must be from the side
of a building that is oriented internally;
iii. No building shall exceed 100 feet in length when adjacent to a residential
zoning district; and,
iv. No outdoor storage is permitted.
d. Locational criteria. May be located no closer than 1,320 feet from another self-
storage/mini-storage/warehouse use.
10.B.2
Packet Pg. 125 Attachment: BCC Memorandum-east-trail-9-20-22 (23437 : Self-storage facilities in East Naples)
Staff has identified three (3) main options for the Board’s consideration, listed below.
Zoning
Option 1
No Moratorium
Option 2
No Moratorium, but
Board direction to
include Zoning
Overlay Standards
Option 3
Moratorium
C-5 Allows
redevelopment with
self-storage
warehouse use
Allows
redevelopment with
self-storage
warehouse use
Precludes
development and
redevelopment with
self-storage
warehouse use
C-4 Allows conditional
use for self-storage
warehouse use
Allows conditional
use for self-storage
warehouse use with
zoning overlay
standards
Precludes CU
application for self-
storage warehouse
use
PUD with
commercial zoning
Allows self-storage
warehouse use with
comparable and
compatible use
determination by
HEX
Allows self-storage
warehouse use with
comparable and
compatible use
determination by
HEX, with zoning
overlay standards
Precludes comparable
and compatible use
applications for self-
storage warehouse
use
Any other
Zoning
Allows self-storage
warehouse use via an
approved GMPA and
rezoning
Allows self-storage
warehouse use if a
GMPA and rezoning
are approved, and
includes zoning
overlay standards
Precludes GMPA and
rezoning applications
for self-storage
warehouse use
10.B.2
Packet Pg. 126 Attachment: BCC Memorandum-east-trail-9-20-22 (23437 : Self-storage facilities in East Naples)
WINTER PARK
FOXFIRE
COURTHOUSE SHADOWS
MILLER SQUAREPalm STCommercial DREspinal BLVD
Davis BLVD
Tamiami TRL E
Airport RD SBayshore DRDocument Path: M:\GIS_Requests\2022\09-Sep\GSD-29336 Provide maps with commercial zoning parcel count (Michele)\MXD\Commercial Parcels Along US 41 Between EspinaBlvd and CommercialDr.mxd
Map Date: 9/20/2022
I
0 650 1,300325
Feet
COMMERCIAL ZONING PARCELS ALONG US 41 BETWEEN ESPINAL BLVD AND COMMERCIAL DR
LEGEND
C3, Commercial Intermediate (+/-24 Parcels)
C4, General Commercial (+/-40 parcels)
C5, Heavy Commercial (+/-5 parcels)
PUD Commercial
10.B.3
Packet Pg. 127 Attachment: Commercial Parcels Along US 41 Between EspinaBlvd and CommercialDr-9-20-22 (23437 : Self-storage facilities in East Naples)
TREETOPS
SABAL BAY
LELY RESORT
WENTWORTH ESTATES
LAKE AVALON
VINCENTIAN VILLAGE
MICELI
COURTHOUSE SHADOWS
LELY SQUARE
MYRTLE WOODS
PRICE ST AND 41
Price STPalm STEspinal BLVD
Ta
mia
mi T
R
L E
Collier BLVDRattlesnake Hammock RDBayshore DRCounty Barn RDThomasson DR Santa Barbara BLVDDocument Path: M:\GIS_Requests\2022\09-Sep\GSD-29336 Provide maps with commercial zoning parcel count (Michele)\MXD\Commercial Parcels Along US 41 Between EspinaBlvd and PriceSt.mxd
Map Date: 9/20/2022
I
0 2,800 5,6001,400
Feet
COMMERCIAL ZONING PARCELS ALONG US 41 BETWEEN ESPINAL BLVD AND PRICE ST
LEGEND
C3, Commercial Intermediate (+/-92 Parcels)
C4, General Commercial (+/-83 parcels)
C5, Heavy Commercial (+/-9 Parcels)
PUD Commercial
10.B.4
Packet Pg. 128 Attachment: Commercial Parcels Along US 41 Between EspinaBlvd and PriceSt-9-20-22 (23437 : Self-storage facilities in East Naples)