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Agenda 06/27/2023 Item # 9B (Ordinance - Rezoning of property from commercial to heavy commercial district)
9.B 06/27/2023 EXECUTIVE SUMMARY This item requires ex-parte disclosure to be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to deny an Ordinance rezoning property from Commercial Intermediate District (C-3) to Heavy Commercial District (C-5), subject to conditions, for a self -storage facility and general commercial district (C-4) uses on +/-5.98 acres located on the north side of Tamiami Trail East (US 41) just east of Collier Boulevard (CR 951), on Lots 2 and 3 of Inland Village subdivision, in Section 3, Township 51 South, Range 26 East, in Collier County, Florida. (RZ- PL20210002658) 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) and render a decision regarding the rezoning petition. CONSIDERATIONS: The request is to rezone 5.98+/- acres from Commercial Intermediate (C-3) zoning district to Heavy Commercial (C-5) zoning district, subject to conditions, for a project known as the Stor-All Storage Rezone. The property is made up of two cleared/filled lots within the partially developed Inland Village Subdivision, located on the north side of Tamiami Trail East (U.S. 41), approximately 500 feet east of the intersection of Tamiami Trail East and Collier Boulevard (C.R. 951). The Falling Waters Beach Resort PUD condominium community is immediately to the north. The current zoning is C-3, Commercial Intermediate, which was enacted by Ordinance No. 05-35. Before the 2005 action, the site was zoned Agricultural (A) and Commercial Convenience with Special Treatment Overlay (C- 2/ST). A Conditional Use was approved by Resolution No. 2014-140 to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure; eating places with more than 6,000 square feet of gross floor area in the principal structure; and personal services, video rental or retail with more than 5,000 square feet of gross floor area. Fifteen conditions and a Conceptual Site Plan accompanied this approval; however, the site was never developed. Conditional uses expire five years from the date of approval, if by that date the use for which the conditional use was granted has not commenced, per LDC section 10.08.00.G.1. The requested action is to rezone the property from Commercial Intermediate (C-3) to Heavy Commercial (C-5) to permit the development of a 105,000-square-foot self -storage facility (motor freight transportation and warehousing, indoor air-conditioned only, SIC 4225) on Lot 2 and to allow other uses permitted in the C-4 zoning district on Lot 3, subject to conditions of approval included as Exhibit A in the Ordinance that accompanies this Executive Summary. The petitioner also proposes the rezoning be subject to a Conceptual Site Plan included as Exhibit B in the Ordinance that accompanies this Executive Summary. Immediately to the east, Inland Village Lot 1 is a 2.17-acre site developed with a recently constructed 94,191- square-foot self -storage facility. This existing facility was allowed by zoning action of Ordinance No. 19-05 granting air-conditioned indoor mini self -storage as a permitted use. The complete staff analysis for this petition is provided in the CCPC Staff Report. Staff finds that the proposed self -storage project as submitted is out of scale with the needs of the neighborhood and contrary to the community's vision for the area, as identified in the East Naples Community Development Plan (ENCDP). See Growth Management Impact below and reference rezone criterion 14 in Legal Considerations. FISCAL IMPACT: The County collects impact fees before 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 (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities. Other fees collected before the issuance of a building permit include building permit review fees. Finally, additional revenue is generated by the 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 Packet Pg. 91 9.B 06/27/2023 were not included in the criteria used by staff and the CCPC to analyze this petition. GRO H MANAGEMENT IMPACT: The Future Land Use Map Designation is Urban, Urban Commercial District, Mixed Use Activity Center #18 (U.S. 41 & Collier Blvd.) Subdistrict. This location is within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO). The ENCDP was developed by the community through a series of public meetings and surveys and reflects the overall vision of the community; the Board of County Commissioners accepted the ENCDP in October 2020. The ENCDP promotes the strategic placement of land uses to enhance the community's sense of place and guides future development and redevelopment opportunities for employment, leisure, dining, and shopping to meet the growing needs of the community. The ENCDP also identifies a list of "undesirable" uses, including mini -warehousing use (self-storage/car storage, etc.), that are intended to be interspersed throughout the County to minimize the concentration of these uses along the roadways within the ENCDP boundaries. The community has worked with a consultant to develop a zoning overlay along the US 41 East corridor to establish development standards, design standards, and spacing criteria for commercial uses to address, in part, the undesirable uses identified in the ENCDP; the completion of the zoning overlay is anticipated in 2023. The ENCDP directives outlining community -based goals and desired outcomes for the US 41 corridor constrain staff from determining the self -storage facility as proposed is an appropriate use in the Activity Center. The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and found the proposed development is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period. At the time of the Site Development Plan submittal, a new TIS reflecting the use proposed for construction and the results along with operational analysis would be reviewed by Development Services Staff to again confirm compliance with the GMP and LDC. Environmental staff evaluated the petition. Environmental Planning staff has reviewed this petition. The recorded Conservation Easement (1.68 acres, OR 3989 PG 591-596) will not be impacted by the proposed petition. The project is consistent with the goals, objectives, and policies of the Conservation and Coastal Management Element (CCME). COLLIER COUNTY PLANNING CO SSION (CCPQ RECO NDATION: The CCPC held a public hearing on the petition on May 4, 2023. The Planning Commission voted 3-1 to recommend approval subject to a maximum lighting height of 20 feet along US 41 consistent with standard lighting in the vicinity. The CCPC recommended condition has been incorporated in the Ordinance that accompanies this Executive Summary. Commissioner Shea dissented with concerns that the Activity Center should be developed with more active uses. Two public speakers were present, Mr. Ferraiuolo, President of the Falling Waters Master, and Phase IV Association, complimented past actions of the developer of the existing storage facility and spoke in favor of the petition, Mr. Brumwell from Crown Pointe described the East Naples Community Development Plan sentiment for reducing storage uses and enhancing the natural environment, suggesting that if the item goes forward it should be enhanced with canopy trees along US 41. LEGAL CONSIDERATIONS: This is a site -specific rezone to the C-5 Zoning District subject to conditions and a Conceptual Site Plan. The attached staff report and recommendations of the Planning Commission 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 rezoning 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 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 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? Packet Pg. 92 9.B 06/27/2023 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? 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.106, art. II], 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 public health, safety, and welfare? The Board must base its decisions upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. Packet Pg. 93 06/27/2023 9.B Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality, and it requires an affirmative vote of four for Board approval. -DDP RECOMMENDATION: Staff is constrained from recommending approval of the rezoning because the proposed self -storage project as submitted is out of scale with the needs of the neighborhood and contrary to the community's vision for the area, as identified in the ENCDP. (Reference rezone criterion 14, above.) Should the BCC support the rezoning, an Ordinance incorporating the conditions recommended by the CCPC that accompanies this Executive Summary. Prepared by: Ray Bellows, Zoning Manager, Growth Management Community Development Department ATTACHMENT(S) 1. Stor-All RZ-Staff Report CAO 4-20 (PDF) 2.Ordinance - 051123 (PDF) 3. Att B - Prior Zoning Actions (PDF) 4. [LINKED] Att C - Stor-All Storage Rezone CCPC Back -Up Docs (PDF) 5. Att D - NIM Documents (PDF) 6. Affidavit of Posting Notice and Photo of Sign (4-17-2023) (PDF) 7. legal ad - agenda ID 25649 (PDF) Packet Pg. 94 9.B 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 9.13 Doe ID: 25649 Item Summary: This item requires ex-parte disclosure to be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to deny an Ordinance rezoning property from Commercial Intermediate District (C-3) to Heavy Commercial District (C-5), subject to conditions, for a self -storage facility and general commercial district (C-4) uses on +/-5.98 acres located on the north side of Tamiami Trail East (US 41) just east of Collier Boulevard (CR 951), on Lots 2 and 3 of Inland Village subdivision, in Section 3, Township 51 South, Range 26 East, in Collier County, Florida. (RZ-PL20210002658) Meeting Date: 06/27/2023 Prepared by: Title: — Zoning Name: Laura DeJohn 05/30/2023 9:25 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bost 05/30/2023 9:25 AM Approved By: Review: Zoning Mike Bosi Division Director Zoning Ray Bellows Additional Reviewer Growth Management and Community Development Department Diane Lynch Transportation Management Operations Support Evelyn Trimino Operations & Regulatory Management Michael Stark Additional Reviewer Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 05/30/2023 9:44 AM Completed 05/30/2023 9:56 AM Growth Management DepartmentCompleted 05/31/2023 6:10 PM Additional Reviewer Completed 06/01/2023 9:39 PM Completed 06/03/2023 2:20 PM Growth Management Completed 06/07/2023 4:02 PM Completed 06/19/2023 9:31 AM Completed 06/19/2023 9:34 AM Completed 06/19/2023 9:42 AM Completed 06/19/2023 10:43 AM Completed 06/21/2023 11:48 AM 06/27/2023 9:00 AM Packet Pg. 95 9.B.a Cot her County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DIVISION OF PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 4, 2023 SUBJECT: PL20210002658; STOR-ALL STORAGE REZONE PROPERTY OWNER/AGENT: Owner(s): Stor-All Tamiami Trail, LLC 141 SE 1st Street Deerfield Beach, FL 33441 REOUESTED ACTION: Agent(s): Robert J. Mulhere, FAICP President, Hole Montes, Inc. 950 Encore Way Naples, FL, 34110 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of 5.98 acres from Commercial Intermediate (C-3) zoning district to Heavy Commercial (C-5) zoning district for a project known as the Stor-All Storage Rezone. GEOGRAPHIC LOCATION: The property is 5.98± acres (Parcel No. 726040001 & 725960001) located on the north side of Tamiami Trail East (U.S. 41), approximately 500 feet east of the intersection of Tamiami Trail East and Collier Boulevard (CR 951), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (See location map on the following page) Stor-All Storage Rezone, PL20210002658 April 20, 2023 Page 1 of 16 Packet Pg. 96 OBBJOIS IIV JOTS 999Z000ZOZId - u011I48d 6uluoZ : 6ti99Z) OZ-b o`do podaa 11e;S-Z21 Ild-jo;S :luGwl4OBlld cq a) rn 00 ai a aD tU m a W'Ile ' o Q a S ~ 4 � � A ~ z 4� 02 LLI ~ ❑ O c0a iz O IL a °J t� Lely1� ti e� 9S L N u Stor-All Storage Rezone, PL20210002658 April 20, 2023 Page 2 of 16 9.B.a PURPOSE/DESCRIPTION OF PROJECT: The subject property is a 5.98± acre site located on the north side of Tamiami Trail East (U.S. 41), approximately 500 feet east of the intersection of Tamiami Trail East and Collier Boulevard (C.R. 951). The subject site was rezoned in 2005 from Rural Agricultural (A) and Commercial Convenience with Special Treatment Overlay (C-2/ST) to the Commercial Intermediate (C-3) Zoning District by Ordinance No. 05-35. Nine conditions and a Conceptual Site Plan accompanied this approval. A subsequent Conditional Use was approved by Resolution No. 2014-140 to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure; eating places with more than 6,000 square feet of gross floor area in the principal structure; and personal services, video rental or retail with more than 5,000 square feet of gross floor area. Fifteen conditions and a Conceptual Site Plan accompanied this approval, however the site was never developed. This site comprises Lots 2 & 3 of the Inland Village Subdivision. Immediately to the east, Inland Village Lot 1 is a 2.17-acre site developed with a recently constructed 94,191 square foot self - storage facility. This existing facility was allowed by zoning action of Ordinance No. 19-05 granting air conditioned indoor mini self -storage as a permitted use. Architectural Rendering included in petitioner's submittal The requested action proposes to rezone the property from C-3 to Heavy Commercial (C-5) to permit the development of a 105,000 square foot self -storage facility (motor freight transportation and warehousing, indoor air-conditioned only, SIC 4225) on Lot 2 and to allow other uses permitted in the C-4 zoning district on Lot 3, subject to conditions of approval included as Exhibit A in the Draft Ordinance (Attachment A). The petitioner also proposes the rezoning be subject to a Conceptual Site Plan included as Exhibit B in the Draft Ordinance and shown on the following page. The Future Land Use Map Designation is Urban, Urban Commercial District, Mixed Use Activity Center #18 (U.S. 41 & Collier Blvd.) Subdistrict. This location is within the boundaries of the Stor-All Storage Rezone, PL20210002658 Page 3 of 16 April 20, 2023 Packet Pg. 98 cq oIi ai I OBBJOIS IIV JOTS 999Z000ZOZId - u011I48d 6uluoZ : 6ti99Z) OZ-b o`do podea 11e;S-Z21 Ild-jo;S :luGwl4OBlld N w Z w � �w < >O a m ❑w �O W pl ZO ¢ 2E (7 U a LD > r Z inn 17 to OZ ¢w Z LL `m ~ O o Y yin o jV pia ¢ Voo NO W Wc o m J¢ F F �n V o OwLu �F-o °W m m Z o_� Gov ONINOZ9-0 1 t- *L ------------a is ®------------- m ® `oR° I 1 x ® a I w w�a I ® Uo❑ I N F. I I - ova s ® Nza y�e H O ww= I wZ I I wl„ - ® z I I I r � - I I I I I I — — — — — ____ — — — — — — _SS______—_-1 1F- m �P rt— W-------7-- m i 081 "NIW m I N 1 I I UMm w I w w II ao a F FL o?z I M Q _ wzo I J!_ O ao �.1 o z��!i Fw I X w o� ¢ ,I a I a a t —3-----------------------1_L _J . a I aQm I ONINOZ £-0 0 w co to Q U U rn ul J Ur'Z OLU HO N (L N w to w F a m�0 (0 ai a_ e a) rn 6 a aD U fC a Stor-All Storage Rezone, PL20210002658 April 20, 2023 Page 4 of 16 9.B.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject parcel: North: Multi -family residential, zoned Falling Waters Beach Resort PUD South: Shell gas station zoned C-4, Wendy's fast food restaurant and Tamiami Crossing Shopping Center zoned Tamiami Crossing CPUD East: 94,191-square foot Public Storage self -storage facility zoned C-5 (Ordinance No. 19-05) West: CVS Pharmacy/Store zoned C-3/ST with Conditional Use approval and undeveloped parcel zoned C-3/ST. To the West Northwest is a +73,000-square foot self storage facility zoned Falling Waters Beach Resort PUD a Stor-All Storage Rezone, PL20210002658 Page 5 of 16 April 20, 2023 Packet Pg. 100 9.B.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is currently located in Activity Center #18 in the Mixed Use Activity Center Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The Future Land Use Element (FLUE) states, "The Mixed - Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed -use in character. Further, they are generally intended to be developed at a human -scale, to be pedestrian -oriented, and to be interconnected with abutting projects —whether commercial or residential." The subject property is within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO). The ENCDP was developed by the community through a series of public meetings and surveys and reflects the overall vision of the community; the Board of County Commissioners accepted the ENCDP in October 2020. The ENCDP promotes the strategic placement of land uses to enhance the community's sense of place and provides guidance for future development and redevelopment opportunities for employment, leisure, dining, and shopping to meet the growing needs of the community. The ENCDP also identifies a list of "undesirable" uses, including mini - warehousing use (self-storage/car storage, etc.), that are intended to be interspersed throughout the County to minimize the concentration of these uses along the roadways within the ENCDP boundaries. The community has worked with a consultant to develop a zoning overlay along the US 41 East corridor to establish development standards, design standards, and spacing criteria for commercial uses to address, in part, the undesirable uses identified in the ENCDP; the anticipated completion of the zoning overlay is Summer 2023. The Mixed Use Activity Center Subdistrict contains a number of factors to be considered during review of a rezone petition; these are listed below and followed by staff analysis in italics. a) Rezones are encouraged to be in the form of a PUD. 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 proposed rezone application is not in the form of a PUD. However, it does generate consistency with the surrounding non-PUD commercial properties. b) Amount, type, and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center (MUAC), and within two (2) road miles of the MUAC. The area in and around Activity Center #18 contains a variety of existing PUDs with commercial components including, but not limited to, Lely Resort PUD, Falling Waters Beach Resort PUD, Tamiami Crossing CPUD and Artesa Pointe PUD. The area also contains financial institutions, supermarkets, restaurants, and various other retail outlets that are consistent with C-2 through C-S commercial zoning districts. Stor-All Storage Rezone, PL20210002658 Page 6 of 16 April 20, 2023 Packet Pg. 101 9.B.a 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. There was no market study submitted to the County. However, the conceptual site/rezone proposes a self -storage facility (motor freight transportation and warehousing, indoor air- conditioned only, SIC 4225) which would be generally compatible with the existing adjacent self -storage facility (also owned by the subject property owner) and surrounding commercial in and around Activity Center #18. The applicant has indicated that the typical market area for self -storage facilities is three miles and that there are four existing self - storage facilities (other than the adjacent facility) within the market area, totaling approximately 392,300 square feet of storage use. While this does demonstrate a growing need for storage within the community, staff notes that this presents a high concentration of a use identified as "undesirable " by the ENCDP. d) Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. Current patterns of land use within the MUAC #18 include commercial, preserve, mixed use and residential uses. The pattern of land uses within 2 miles of the MUAC #18 include predominantly commercial and residential uses with a few undeveloped agricultural lots scattered throughout. e) Adequacy of infrastructure capacity, particularly roads. The subject property is serviced by adequate public facilities and has an existing access off U.S. 41. f) Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. See the StaffAnalysis on pages 8-9 of this reportfor the Zoning staff's compatibility review g) Natural or man-made constraints. There are no man-made or natural constraints that prohibit development of the site as currently zoned. h) Rezoning criteria identified in the Land Development Code. See the Rezone Findings on pages 9-12 of this report for the Zoning staff review of the rezoning criteria. i) Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. See the Transportation Review on pages 8-9 of this 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. See the Transportation Review on pages 8-9 of this report. Stor-All Storage Rezone, PL20210002658 Page 7 of 16 April 20, 2023 Packet Pg. 102 9.B.a k) Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. Interconnection and access points are shown on the Conceptual Site Plan included as Exhibit B in the Draft Ordinance (Attachment A). 1) Conformance with the architectural design standards as identified in the Land Development Code. No deviations from the architectural standards of the LDC are proposed with this petition. Staff Finding: Based upon the above analysis, the proposed rezone may be deemed consistent with the Future Land Use Element. Comprehensive Planning staff is of the opinion that the proposed self -storage project in the form as submitted is inconsistent with the vision of the ENCDP and does not align with the community's development objectives for the area. Transportation Element: In evaluating this project, staff reviewed the applicant's July 21, 2022 (revised), Transportation Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the current 2022 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 A UIR 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. 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 staff has evaluated the TIS submitted with the proposed petition and has found that the Stor- All Rezone will add an additional +/-106 PM peak hour two-way trips on the adjacent roadway network. The TIS includes two reasonable scenarios of development with the lower trip count Stor-All Storage Rezone, PL20210002658 Page 8 of 16 April 20, 2023 Packet Pg. 103 9.B.a scenario used for the proposed trip cap. The additional trips will impact the following roadway network links: Link # Roadway Link Location 2022 AUIR P.M. Peak Hour 2022 AUIR Remaining Existing Peak Direction Capacity LOS Service Volume/Peak Direction 36.1 Collier Wal-Mart Driveway F 2,500/North (121) 1,2 Boulevard to US 41 (Tamiami Tr.) 35.0 Collier US 41 (Tamiami Tr.) D 3,200/North 501 1 Boulevard to Rattlesnake Hammock Rd. 34.0 Collier Rattlesnake D 3,000/North 2181 Boulevard Hammock Rd. to Davis Blvd. 95.1 US 41 Collier Blvd. to C 3,100/East 1,454 (Tamiami Joseph Ln. Trail East) 95.2 US 41 Joseph Ln. to C 2,000/East 667 (Tamiami Greenway Rd. Trail East) 94.0 US 41 Collier Blvd. to C 3,000/East 973 (Tamiami Triangle Blvd. Trail East) 93.0 US 41 Triangle Blvd. to D 3,000/East 2801 (Tamiami Rattle Snake Rd. Trail East) 1. Projected deficiencies for these segments are due to background traffic from the trip bank not caused by this development. Network improvements north of the impact area are anticipated to potentially address the deficiencies. The deficiency currently exists and is not caused by this development. See applicable portions of Florida Statute 163.3180 below. 2. Existing deficiencies. 6-lane improvement FDOT funding for ROW within the 5-year planning period and continue monitoring. The deficiency currently exists and is not caused by this development. See applicable portions of Florida Statute § 163.3180 below. Florida Statute § 163.3180. Concurrency - ■ Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. ■ Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. ■ The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. ■ Applicant must receive credit for the anticipated road impact fees. ■ The applicant calculated their proportionate share and it does not exceed the impact fees anticipated to be collected. Stor-All Storage Rezone, PL20210002658 Page 9 of 16 April 20, 2023 Packet Pg. 104 9.B.a As outlined above the proposed development is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period, and the Transportation Planning staff recommends approval of the request. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the petition. No revisions to the environmental portions of the rezoning petition are being made. The proposal is consistent with the CCME. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff concludes that this petition is consistent with the GMP. Comprehensive Planning staff is of the opinion that the proposed self -storage project in the form as submitted is inconsistent with the vision of the ENCDP and does not align with the community's development objectives for the area. 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 10.02.08.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, who in turn use the criteria to support their action on the rezoning request. This evaluation is completed as part of the Zoning and Land Development Review provided below. Environmental Review: Environmental Planning staff has reviewed this petition. The recorded Conservation Easement (1.68 acres, OR 3989 PG 591-596) will not be impacted by the proposed petition. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval based on consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period. Zoning Review: The land use pattern in the local area contains a mix of multi -family residential and commercial uses. The current zoning of C-3 is consistent with the established zoning pattern for the area. The proposed rezoning to C-5 to allow for a self -storage facility is consistent with the zoning and use of property to the east. However, this property is located in Activity Center #18, as well as a Regional Center Subdistrict of the pending US41 East Corridor Zoning Overlay, which is envisioned to be a compact urban mixed -use node that is walkable and transit friendly. While staff is concerned about the high proportion of vehicular -oriented uses and concentration of self - storage facilities where the community endorsed vision for the area is to promote more entertainment and employment centers, it is notable that the representatives who attended the NIM from the adjacent Falling Waters neighborhood indicated the level of activity generated by the proposed storage facility is preferred if properly screened and buffered and limited in height, compared to higher intensity, high traffic, noisier commercial uses. Stor-All Storage Rezone, PL20210002658 Page 10 of 16 April 20, 2023 Packet Pg. 105 9.B.a The conditions of approval included as Exhibit A in the Draft Ordinance (Attachment A) provide that the self storage will have a 180-foot setback from Falling Waters, limit the hours for the self storage operation to 8:00 a.m. to 9:00 p.m., limit lighting to not exceed 10 feet in height, require interior access for all self storage units, restrict parking, windows, and loading on the side of the building facing Falling Waters, and limit building height for self storage to 35 feet zoned and 38 feet actual. Additionally, conditions are established for other uses on the property, including a maximum building height of 35 feet zoned and 42 feet actual. Several uses are prohibited including gas stations and convenience stores with gas pumps, which are identified as "undesirable" in the ENCDP. 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" (Staffs responses to these criteria are provided in non -bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Staff concludes that this petition is consistent with the GMP. Comprehensive Planning staff is of the opinion that the proposed self -storage project in the form as submitted is inconsistent with the vision of the ENCDP and does not align with the community's development objectives for the area. 2. The existing land use pattern. The proposed rezone will not affect the existing land use pattern. The subject property is located in an urbanized portion of the county near the intersection of Collier Boulevard and U.S. 41/East Tamiami Trail. It is within Mixed -Use Activity Center #18. The existing land use pattern within Activity Center #18, includes a mixture of the C-3 through C-5 zoning districts and mixed uses including multi -family and commercial uses zoned PUD. Immediately east of the subject site is zoned C-5 and developed with a self -storage facility. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezoning will not create an isolated district unrelated to adjacent and nearby districts. The adjacent property to the east is also zoned C-5. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries coincide with lot lines, and the proposed rezoning coincides with Lots 2 & 3 of the Inland Village Subdivision. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Stor-All Storage Rezone, PL20210002658 Page 11 of 16 April 20, 2023 Packet Pg. 106 9.B.a The proposed rezoning from C-3 to C-5 is not specifically necessary. However, the petitioner believes the rezoning is necessary to accommodate a self -storage facility and wider range of uses on Lot 3. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Through the application of conditions of approval, the change resulting from the development of land as proposed in this rezoning request may be ameliorated to the extent the neighborhood is not adversely impacted. The conditions of approval included as Exhibit A in the Draft Ordinance (Attachment A) provide that the self storage will have a 180-foot setback from Falling Waters, limit the hours for the self storage operation to 8:00 a.m. to 9:00 p.m., limit lighting to not exceed 10 feet in height, require interior access for all self storage units, restrict parking, windows, and loading on the side of the building facing Falling Waters, and limit building height for self storage to 35 feet zoned and 38 feet actual. Additionally, conditions are established for other uses on the property, including a maximum building height of 35 feet zoned and 42 feet actual. Several uses are prohibited including gas stations and convenience stores with gas pumps, which are identified as "undesirable" in the ENCDP. 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. As outlined in the Transportation Element evaluation and Transportation Review above, the proposed development is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. 8. Whether the proposed change will create a drainage problem. It is not anticipated that rezoning of the property will create any stormwater related issues. Stormwater best management practices, treatment and storage will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). Staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Development of the site will need to meet the site design standards as set forth in the LDC. The conditions of approval included as Exhibit A in the Draft Ordinance (Attachment A) provide increased setbacks and stricter height limits to protect from reduction of light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Stor-All Storage Rezone, PL20210002658 Page 12 of 16 April 20, 2023 Packet Pg. 107 9.B.a 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. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the rezoning would be a deterrent to the improvement of adjacent property in accordance with existing regulations. 1Z 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 rezoning, 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. There are no substantial reasons why the property cannot be used in accordance with the existing zoning. The current zoning designation of C-3 permits intermediate types of commercial uses. The petitioner contends that the proposed rezoning presents an opportunity to viably develop the property in an area where the concentration of commercial uses is encouraged, given that the subject property is located near a major intersection (C.R. 951 and US 41) and has remained vacant. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s position that the proposed rezoning to the C-5 zoning district and resulting facilities may be out of scale with the needs of the community. Should the rezoning and proposed use be approved, nearly 272,000 square feet of self -storage facilities will be concentrated within the immediate area. (proposed 105,000sf + existing 73,000 s.f. to the west + existing 94,191 s.f. abutting to the east). However, this also indicates that there is a growing need for facilities that store goods for the surrounding community. The proposed building will be limited to zoned height of 35 feet and actual height of 38 feet, which is consistent with the building immediately to the east and compatible with the two-story height of the multi -family buildings at Falling Waters Beach Resort. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Stor-All Storage Rezone, PL20210002658 Page 13 of 16 April 20, 2023 Packet Pg. 108 9.B.a There may be other sites in the County that could accommodate the proposed uses; 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 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 future development anticipated by the rezoning would require site alteration. This project will undergo evaluation relative to 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 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, as amended. The proposed development is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year planning period. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. The 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. 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 (NIM): The petitioner conducted a NIM on July 6, 2022, at Rookery Bay National Estuarine Research Preserve, 300 Tower Road, Naples, FL 34113. The meeting commenced at approximately 5:30 p.m. and ended at 6:08 p.m. Approximately nine participants attended in person as well as two ZOOM participants. The agent Bob Mulhere described the proposed rezoning to convert the property from C-3 to C-5 with conditions to allow for a self -storage facility and full range of C-4 permitted uses. After presentation of a rendering of the proposed use, an attendee asked about the design of the self -storage facility. The agent responded that it should match the adjacent self -storage facility. Stor-All Storage Rezone, PL20210002658 Page 14 of 16 April 20, 2023 Packet Pg. 109 9.B.a The agent stated that the East Naples Civic Association asked them to include office or retail on the ground floor of the self -storage facility, noting concerns that the use does not include any significant employment generating opportunities. The petitioner stated that they do not believe mixed use is a viable option within a self -storage building. An attendee asked about the existing access, and the agent advised that no changes are proposed to the access. An attendee asked if the County was in the process of developing an overpass for this area. The agent responded that the County has plans for three flyovers in a long range plan and is deciding which to prioritize, noting that a flyover could affect some of the nearby uses, which the agent said justifies not developing something more intense. Jacob Winge, President of the East Naples Civic and Commerce Association, agreed that multiple fast food restaurants would be improbable for the site, but stated that the proposed use provides zero economic benefit to the community and that medical or office would be a better fit. He requested the applicant consider a mixed use development type. The petitioner stated that mixed use could not be justified, and no economic feasibility could be identified for any other use in the property's location. The Falling Waters HOA President spoke to support the quieter and lower traffic generation of the storage facility, noting that the relationship between the HOA and the developer has been a positive one. A copy of the NIM materials is included in Attachment D of this Staff Report. ENVIRONMENTAL ADVISORY COUNCIL (EAC): 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. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on April 7, 2023. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PL20210002658 Stor-All Rezone to the Board of County Commissioners (BCC) with a recommendation of denial because the proposed self -storage project in the form as submitted is inconsistent with the vision of the East Naples Community Development Plan and does not align with the development objectives for the area. Should the Planning Commission recommend approval, a draft Ordinance with Conditions of Stor-All Storage Rezone, PL20210002658 Page 15 of 16 April 20, 2023 Packet Pg. 110 9.B.a Approval and Conceptual Site Plan is provided in Attachment A. Attachments: A. Draft Ordinance B. Rezone Ordinance No. 2005-35, Conditional Use Resolution No. 2014-140, HEX Decision 2014-13 C. Application/Backup Materials D. NIM Documents Stor-All Storage Rezone, PL20210002658 Page 16 of 16 April 20, 2023 Packet Pg. 111 9.B.b ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING PROPERTY FROM COMMERCIAL INTERMEDIATE DISTRICT (C-3) TO HEAVY COMMERCIAL DISTRICT (C-5), SUBJECT TO CONDITIONS, FOR A SELF -STORAGE FACILITY AND GENERAL COMMERCIAL DISTRICT (C-4) USES ON THE NORTH SIDE OF TAMIAMI TRAIL EAST (US 41) JUST EAST OF COLLIER BOULEVARD (CR 951), BY 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 CONSISTING OF APPROXIMATELY 5.98f ACRES, LOCATED ON LOTS 2 AND 3 OF INLAND VILLAGE, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 2005-35 AND RESOLUTION NO. 2014-140; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210002658] WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; and WHEREAS, Ordinance No. 2005-35 rezoned this property from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate, and Resolution No. 2014-140 allowed certain conditional uses on this property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Zoning Classification. The zoning classification of the herein described real property more particularly described in Exhibit C, located on Lots 2 and 3 of Inland Village, in Section 3, Township 51 [22-CPS-02215/1773296/1] 28 PL20210002658 Stor-All Storage (RZ) Page 1 of 2 5/ 11 /2023 Packet Pg. 112 9.B.b South, Range 26 East, Collier County, Florida, is changed from Commercial Intermediate District (C-3) to Heavy Commercial District (C-5), subject to conditions of approval listed on Exhibit A. Exhibits A, B, C, and D are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/axe hereby amended accordingly. SECTION TWO: Repeal of Existing Ordinances and Resolutions. Ordinance No. 2005-35 and Resolution No. 2014-140 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 ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry 0 Assistant County Attorney ti Attachments: 2023. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LE Exhibit A: Conditions of Approval Exhibit B: Conceptual Site Plan Exhibit C: Sketch and Legal Description Exhibit D: Location Map [22-CPS-02215/ 1773296/ 1128 PL20210002658 Stor-All Storage (RZ) Page 2 of 2 5/ 11 /2023 Rick LoCastro, Chairman Packet Pg. 113 9.B.b Exhibit A Conditions of Approval Packet Pg. 114 9.B.b Exhibit A — Conditions of Approval Stor-All Rezone PL20210002658 1. The following uses are hereby authorized: a. Unless otherwise provided, all permitted uses in the C-4 General Commercial Zoning District; and b. Motor freight transportation and warehousing, (Group 4225, indoor air-conditioned and mini -and self -storage warehousing only), to be permitted only on Lot 2 as shown in Exhibit B - Conceptual Site Plan. 2. The following standards apply only to the air-conditioned, indoor, mini, self -storage use: a. The minimum setback from the northern property line shall be 180 feet. b. Hours of operation shall be from 8:00 am to 9:00 pm. c. Exterior lighting on the rear/north side of the building shall be limited to full cut- off low level security lights, mounted to the building, not to exceed 10 feet in height. d. All self -storage units shall be accessed from the interior of the building. e. The maximum self -storage unit size shall be 200 square feet. f. There shall be no parking on the rear/north side of the building. g. There shall be no functional windows on the rear/north side of the building. h. Loading areas and building access shall be prohibited on the rear/north side of the building. i. The building height shall not exceed a zoned building height of thirty-five (35) feet, and an actual height of thirty-eight (38) feet. 3. The following uses are prohibited: a. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). b. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of "tow -in parking lots"). c. Automotive vehicle and equipment dealers (5511 and 5599, new vehicles only). d. Convenience Stores with Gas Pumps only (SIC 5411). e. Gasoline Service Stations (SIC 5411). f. Homeless Shelters. g. Hospitals (SIC 8062-8069). h. Marinas (SIC 4493). i. Outdoor storage of materials. j. Pawn Shops. k. Public or private parks and playgrounds. 1. Repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, [22-CPS-02215/1791573/1] 5/11/2023 Page 1 of 3 Packet Pg. 115 9.B.b 4. 5. 6. 7. 8. 0J septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). in. Sexually Oriented Business. n. Soup Kitchens. No more than one (1) approved Fast Food drive -through establishment shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line, and drive through lane(s) and/or ordering or payment windows shall not be located between the building and US 41 frontage. No building or structure shall exceed a zoned building height of thirty-five (35) feet, and an actual height of forty-two (42) feet, except as otherwise identified herein. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter boundary with Falling Waters Beach Resort property line. The exterior wall of any building shall be designed to minimize noise impacts on adjacent residential property to the north (Falling Waters Beach Resort), except as provided in Paragraph 4, above. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m. and 10 p.m. Amplified sound shall not be permitted in the structure side plane areas or break past the side plane of the building, except. for speaker(s) associated with limited drive -through uses. Light fixtures shall be limited to a maximum height of 15 feet, except those fixtures adjacent to US 41, which shall be limited to a maximum of 20 feet. 10. Parking Lot lighting shall be dark sky compliant (flat panel, full cut off fixtures backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Light levels along the property boundary shall be limited to no more than .2 ft candles along the joint property line where adjacent to residential property. 11. The following perimeter landscape buffer requirements apply to the owner(s) of Lot 2 and Lot 3: a. The owner shall install landscaping required by the LDC on both sides of the wall along the northern property line of Lots 2 and 3 of Inland Village (Plat Book 73, Pages 9-10), as more specifically described in Exhibit B — Conceptual Site Plan, prior to the issuance of the first Certificate of Occupancy for any structures located on Lots 2 and 3 of the Inland Village plat. b. The owner shall paint and maintain good condition of both sides of the wall along the northern property line of Lots 2 and 3 of the Inland Village plat, as more specifically described in Exhibit B — Conceptual Site Plan. c. The perimeter buffer width along US 41 frontage shall be retained as approved by PL20180002642 (SDP), at 20 feet and 10 feet in width, as depicted on the approved SDP landscape plans. [22-CPS-02215/1791573/11 5/11/2023 Page 2 of 3 Packet Pg. 116 9.B.b 12. The maximum total daily trip generation for the rezone shall not exceed 106 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 13. Vehicular and Pedestrian interconnection will be provided to the west to allow access to all connection points with the subject property, consistent with the conceptual site plan and subject to an agreement from both property owners. 14. All other applicable state or federal permits must be obtained before commencement of the development. 15. Pursuant to Section 125 022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. [22-CPS-02215/1791573/1] 5/11/2023 Page 3 of 3 Packet Pg. 117 9.B.b Exhibit B Conceptual Site Plan Packet Pg. 118 m of (auOzab OBea04S IIV A04S 999Z000 MZld - uORROd 6uluOZ : 0996 £Z 6 M - Goueulp.10 4uGwLjoe44V N H Z W �-2 Z w w N w �p wzcr) O Lr' — a LLJ Q � � R>V� Z w w I! 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O� w I NI�{ a w W O F® N Q I I 1 d a® z I � — — — — — — — — — — — — — m ,M 'NIVY m I w I I o 1 a I I > X a m 6 w I w 0w w I I ao, a 0- -Z I I M w w z rn I w 1 �� zww o U ¢ Y O Of z { I H z b w n m l Z ��� �F� I 0 Qzz �No o I yam >�cYi I zU XW w Cf x zNw wpm I I Fw w IIL w 0 zNw I O� N I~ a? a I I N Z o O h ---- I I, w — — — — — — — — — — 2 -----\-----�-� I - oar oLU ONINOZ £-O CL- CO g n w N M In g Q U U rn g g LO b � .:j O Z U Z Z aoo 1 w aQ U z c) a wI-0 m D 0 :DXCif cn w IZ W Z J m w � Q m �aJa = JUIL Q zt w �pco OU �B Oi ac0 z oti¢5 a � gt - t; -av rmoz w w &P ft jar sInw oao 9.B.b Exhibit C Sketch and Legal Description Packet Pg. 120 9.B.b H:\2021\2021115\SKETCHES\2021115 SKETCH & LECAL 2.dw9 10/21/2022 3:37.23 PIA Plotted by: J—phHo- 1 N 35'34'22" E POINT OF BEGINNING 00726725009 00724640005 TRG LLC ABC LIQUORS INC 10.00' \ MOST CORNER OF "1171EE" \\\ (O.R. 4901, PG 28) NW MOST CORNER OF "PARCEL 4" N 35*34122" i E 390.00' (O.R. 4380 PG. 3511) POINT OF COMMENCEMENT — SW MOST CORNER OF "PARCEL 4" a a i (A m m NW BOUNDARY OF "PARCEL 4" (O.R. 4380, PG. 3511) m 0 a (O.R. 4380, PG 3511) SW MOST CORNER OF "117FEE" o l- (O.R. 4901, PG 28) " _M co A m r m m O m 7' D Y op�� 0 40 80 1 " _ (IN FEET) ;AWN BY: DAiE: JNH 70/20/2022 V4 N CP c N 00 00 N SEC-TWN-RCE (HOLE R 1-51-26 (00725960001) PARCEL 4 Z (n (STOR-ALL TAMIAMI TRAIL LLC) N Ln (A,i 1LINE BEARING DISTANCE CO L1 N 35'39'35" E 10.00' --------------------------------------------- W —+ Z m V O O O C A D C y A Z Z O t�0 c"D Om co O m m �n O m w (00726040001) PARCEL 3 (STOR-ALL TAMIAMI TRAIL LLC) SE BOUNDARY OF "PARCEL 3' SE MOST CORNER OF "PARCEL 3" (O.R. 4380, PG 3511) NE MOST CORNER OF 'PARCEL 3" (O.R. 4380 PG. 3511) 1 (O.R. 4380 PG. 3511) S 35'34'22" W 400.00' 00726727007 STOR-ALL TAMIAMI TRAIL LLC 950 Encore Way Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION Phone: (239) 254-2000 Florida Certificate of STOR-ALL - COLLIER Authorization No.1772 Exhibit C IrL *IN A SURVEY* DRAWING No. H2127 PROJECT NO. 2021115 FILE NAME 2G21115 5KETCH A IGAL 2.dN Packet Pg. 121 9.B.b H:\2021\2021115\SKETCHES\2021115 SKETCH & LEGAL 2.dw9 10/21/2022 3:J5:56 PM Plotted by: JosephHorm LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE MOST SOUTHWESTERLY CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28, OF SAID PUBLIC RECORDS; THENCE RUN N35'34'22"E, ALONG THE NORTHWESTERLY LINE OF SAID LANDS FOR A DISTANCE OF 10.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N35.34'22"E FOR A DISTANCE OF 390.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4"; THENCE RUN S54.25'38"E, ALONG THE NORTHEASTERLY BOUNDARY OF "PARCEL 4" AND "PARCEL 3" ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511, FOR A DISTANCE OF 660.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 3"; THENCE RUN S35.34'22"W ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 3", FOR A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3"; THENCE RUN N54.25'38"W, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", FOR A DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28, OF SAID PUBLIC RECORDS; THENCE RUN N35.39'35"E, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE", FOR A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE RUN N54°25'38"W, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE" FOR A DISTANCE OF 371.79 FEET, TO THE POINT OF BEGINNING. CONTAINING 5.98 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO NORTHEASTERLY LINE OF PARCEL "117FEE" OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING, AS BEING N54.25'38"W. HOLE MONTES, INC.M•N CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 A�:•.�� 5628 o STATE OF Q Digitally signed by Tom Murphy � COcP '. FLORIDA AJr. �� em:cn=Tomurphy@,o=Hole Monteslnc., ou, �' �j• •. •••.• • ``� . email=tommurphy@hmenq.com, c=US ••• ••' BY Date: 2022.10.3109:51:37-04'00' LS5628 i���'0�0/• 011 THOMAS M. MURPHY STATE OF FLORIDA �Su� ieyo"````��. DRAWN BY: DATE: JNH 1 10/ 3-51-26 950 Encore Way 2022 Naples, FL. 34110 ET Phone: (239) 254-2000 2 Florida Certificate of HOLE O T Authorization No.1772 SKETCH AND LEGAL DESCRIPTION STOR-ALL - COLLIER * NOT A SURVEY* 2021115 SKETCH A LEGAL 2.dn l Packet Pg. 122 m oi (GUOZO { a6eaO;S IIV JOTS 899Z0006ZOZ-ld - uOII!lOd 6uIUOZ : 6ti99Z) £Z M - a0ueulpaO :;ugWLj3ejjv `I rn !i 1 \ ii• ni A- bIJ ray � J w s y$ s' o I � r z � Od v 9.B.b Exhibit D Location Map Packet Pg. 124 I— m 2 X W (auozab a6e.a0;S IIV aoIS 9S9Z0006ZOZ-ld - uol;l;ad 6uiuOZ : 6b9SZ) £Z66SO - aoueulp.a0 :;uauay3e;;d In N T" al IL a Or ti 44,11 � mo / m W U e j® Oe s ® 41 �11,08- / • > O A A o W O V IL � 0�8 40�(j 4 A e� a E salaJ G Lely���`rd a of L v SS a CL Cco G C 0 a--j cu 0 J 00 LO N C) C) 0 r N O N _1 N E Z c 0 w a_ r m Y Q m a 9.B.c ,,31011127,? S� a� ORDINANCE NO. 05 — 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 04- �,� 41, AS AMENDED, THE COLLIER COUNTY LAND �L DEVELOPMENT CODE WHICH ESTABLISHED THE 9Z5L COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIERVLt BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH,�y RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A"=:' —n RURAL AGRICULTURAL AND "C-2ST" COMMERCIALcnr'; r �" CONVENIENCE WITH A SPECIAL TREATMENT OVERLAYME: T # TO "C-3" COMMERCIAL INTERMEDIATE FOR RETAIL,-,- Fn OFFICE, AND RESTAURANT AND OTHER USES SUBJECTI ;cr �o TO CONDITIONS; AND PROVIDING FOR AN EFFECTIV` n DATE. > M — WHEREAS, Southern Development Company, Inc., represented by Jeff L. Davidson, P.E., of Davidson Engineering, petitioned the Board of County Commissioners to change the zoning classification of the subject real property for Petition No. RZ-2003-AR-4961. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property, more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "C-2ST" Commercial Convenience with a Special Treatment Overlay to "C-3" Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate Official Zoning Atlas Map, as described in Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly, subject to the following conditions: 1. No development orders will be approved, other than to authorize construction of a required wall and Type "B" buffer adjacent to Falling Waters Beach Resort as set forth below, until sufficient capacity exists on all affected segments and the intersection of US- 41 and SR-951, as may be determined by the County's Concurrency Management System. 2. In addition to all required transportation impact fees, Developer may be required to make a proportionate, fair -share payment for required future capacity improvements to the intersection of US-41 and SR-951, i.e., payment equal to the cost to create sufficient capacity at that intersection for the traffic impacts created by the development. 3. Prior to any Site Development Plan (SDP) approval, other than to authorize construction of a required wall and Type "B" buffer adjacent to Falling Waters Beach Resort as set forth below, access to the adjoining commercial properties shall be provided in the form of easements granted to adjacent property owners to facilitate cross access between the commercial properties to the east and west of the subject property. 4. A sidewalk shall be constructed along the frontage of the subject property on Tamiami Page 1 of 2 Packet Pg. 126 9.B.c Trail (U.S. Highway 41) pursuant to LDC Sections 5.05.08.C.4, and 10.02.03.B.1.b.i.xiii. 5. Prior to approval of the development's first SDP, i.e., other than to authorize construction of a required wall and Type "B" buffer adjacent to the Falling Waters Beach Resort as set forth below, the Environmental Advisory Council will review the approved South Florida Water Management District (SFWMD) permit for mitigation of wetlands impacts. 6. In addition to any other rear yard requirement for this zoning district, no accessory or principal building may be permitted within sixty -feet of the rear (NE) property line. 7. Owner agrees to construct an eight foot (8') wall ten -feet inside the rear (NE) property line within 90 days from the date of issuance of the required development permit to construct the wall that will be uniformly landscaped and irrigated on both sides, as shown in rendering (Exhibit C), and as otherwise required by the LDC. The wall, landscaping, and irrigation facilities will be maintained by the property owner. 8. In addition to the otherwise applicable conditioned above, until the required wall, landscaping, and irrigation facilities are completed, no other building permits may be issued or approved for Phase III of the development, i.e., the subject petition. 9. Any trash enclosures constructed on Phase III, i.e., the subject petition, will be screened from view from the Falling Waters Beach Resort property as required by the Land Development Code (LDC). SECTION TWO: 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 28th day of June, 2005. ATTI ST, [ DWIGHT E,B�BkO�K CI,] RK �. VL v C Clerk Attest" W-,t9rcMs it lwity SiVt+Ate4' cely. Approved as to form and legal sufficiency : ` Patrick G. White Assistant County Attorney RZ-2003-AR4% 1 /MD/sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: `1 t-L4 W. FRED W. COYLE, CHAIRM Page 2 of 2 This ordinance fiifrd w th.- Secretory of State's Off the G4hday of—' 1 5_ and acknowledge ent c )at filing received this oo °Y f BY , Deputy c" Packet Pg. 127 9.B.c LEGAL DESCRIPTION A PORTION OF NOTRH %z OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 3: FROM THE EAST '/, CORNER OF SECTION 3, RUN WITH SECTION LINE SOUTH 0 DEGREES 41 MINUTES 31 SECONDS WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 29 SECONDS WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT-OF- WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT-OF- WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 2647.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL RIGHT- OF-WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 440 FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 440 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: CERTAIN LANDS SITUATED IN THE NW '/, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, STATE OF FLORIDA; FROM THE NE CORNER OF SAID NW '/a, RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 9951; THENCE WITH SAID RIGHT-OF-WAY LINE SOUTH 35 DEGREES 40 MINUTES 8 SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT- OF-WAY LINE STATE ROAD #90; THENCE WITH THE RIGHT-OF-WAY LINE OF STATE ROAD #90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTNACE OF 220 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A SISTANCE OF 400 FEET; THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A SISTANCE OF 220 FEET TO THE PIONT OF BEGINNING. CONTANINING APPROXIMATELY 6.07 ACRES EXHIBIT "A" Packet Pg. 128 OBeao;S IIV JOTS S99Z0004ZOZ-ld - uol;l;ad BuluoZ : g'P99Z) z s Z zoo O Ln� moo. W U Suol43v BuluOZ aolad - 8 14v :;uOW43e;}d ii 11 II W I NN , CL I 8 00 i t , I NZgo _tl I I N w ~ o J 10ci I II I oz a i z st ..1E m o C, l t Q o z J N o, m Lu!LU i I I I to Z, E4 G o _ `� `n a�--�}-[Dp I f I < W3LL H � 1 N I R >3 _ Z W� Z. W I � cWNo �D{D ► oox W IL I N W _ 02 MOZ'Z-- = Z j t I B`� W a. a t tt w $ Pie ONINOZ 1Sf N N N r 3801 ■ it Iif ICI ' I GJ�y- —O O NLL50C3 s onao sno 23 z } z a v> f---o z.� wl° = gc�LL 0 z -' � w 5 L L�0 DWO Er j w 0 0 co rn N r a1 a <.i a V m a6eao;S IIV ao}S 899Z000LZOZ-ld - uol;l;ad BuIUOZ : 6ti99Z) Suol;OV 6uluoZ aolad - 8;;d :;uauay:)e;;d c Z M M ^^� (L a � (L 4 v_ td WdZT :0i S00Z 0z 'unf 17TB0 ES2 tb6 : 'ON XU-� ti'1Sti `HOfltigU-JS 'ti 3-lbQ WOb � 9.B.c STATE OF FLORIDA) m _ 0 COUNTY OF COLLIER) m a� L I, DWIGHT E. BROCK, Clerk of Courts in and for the in Twentieth Judicial Circuit, Collier County, Florida, do hereby o U) certify that the foregoing is a true copy of: co N O O O ORDINANCE NO. 2005-35 cm 0 N J a Which was adopted by the Board of County Commissioners on = 0 the 28th day of June 2005, during Regular Session. a a� _ WITNESS my hand and the official seal of the Board of N County Commissioners of Collier County, Florida, this 5th day to Of July 2005. Ln N _ 0 a a� _ 0 N DWIGHT E. BROCK `o 'Clerk of Courts and Clerk a Ex-officio .,�q_Board of m County Comm .5. ers a 1• '`-E �oQO�AOC E By : Heidi R R. Rocklztld, ;'Deputy Clerk a Packet Pg. 131 9.B.c RESOLUTION NO. 2014-fig p A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411- 5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION CU-PL20130001768] M 0 rn C?r�C)� 0) M M -';0o o mmo CD O ZX W °) O n70 � OrA�+ ;a M F N -U DcnG) ODD,) � l A =D� m0 0M 55 J c C) O C X WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and permitted personal services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning Marco Park 41\CU-PL20130001768 1 of 3 Rev. 5/21/14 Packet Pg. 132 9.B.c District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20130001768 filed by CSC Properties, LLC with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and permitted personal services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this . 67 • This Resolution adopted after motion, second, and super -majority vote, this a4 day of or%& .2014. ATTEST;y\ DWIG1jT E.,BROCK, C'L#RK •A� AM Marco Park 411CU-PL20130001768 Rev. 5/21 / 14 2 of 3 BOARD OF ZONING APPEALS COLLIER COUNTX,1FLORIDA G, Packet Pg. 133 9.B.c Ap roved as o form and legality: 4 Scott A. Stone Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions of Approval CP\13-CPS-01274/62 Marco Park 41 \CU-PL20130001768 3 of 3 Rev. 5/21 / 14 Packet Pg. 134 9.B.c DE DAYIDSON 11.1 0 LEGAL DESCRIPTION EXHIBIT "A" PROPERTY DESCRIPTION BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF SAID PUBLIC RECORDS; THENCE NORTH 35°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF SAID LANDS, A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4"; THENCE SOUTH 54°25'38" EAST, ALONG THE NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND, "PARCEL 3", ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 3", THENCE SOUTH 35-34-22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 3", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3"; THENCE NORTH 54°25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", A DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF SAID PUBLIC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE NORTH 54*25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE" A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING. CONTAINING 260,282 SQUARE FEET OR 5.975 ACRES, MORE OR LESS. Marco 41 Park CU: Attachment B — Legal Description www.davidsonengineering.com Packet Pg. 135 O6eJO;S II`d JOTS 899Z000�ZOZ-ld - UOI}IIOd 6UIUOZ : gti99Z) SUOIIOd 6UIUOZ JOlad - S IIV :;UGWL]Oe;ld NVId 311S ltln1d30NOO „=..,uo`M + osL¢3d •a3srMard•lo J Qi L53f103b !!N s Nab it ,b bad .-Is. ,l l l OOZ 31Y S L.3nOlY ! 5 M3N3Y rl B " b3d S.sA3b rl Po 1 -11'9NOLb3YVf0 311111� i1�11 � O s1N3wwo3 !!vu N3b rl If ro b3d sNOISN3a rl to i •��'I'g3LLL3dOi/d �83 3Sn ItlNOI110N00 N21Vd l6 OOLIb'W $ Q SLN3Ww03 lfV1S M3N3b rl W bad 6NOIfiN3b rt L4 G fi1N3 03 !ltll6 M3N3tl rl [0 l0 b3d SM1OISN3b tl f 4 Gl r 9N051113a az yu31n L73robd m ® � z z I o z m w IL z O n g a m (31ON 33S)i o - NOV813S I 833dn9 3dVOSONtlI OaVA 3016.91 \ ..V. 3dA1.M u0, 1 + 1 WI m i ' w r , 01 ZLL 35 wm ¢ ¢ULL I aaw LL — O I U' a Z o Y- V a IM W�q UI NO 1 ¢ o z W ,'r'i' F- ZIP ~ m1 Z F ' , W O m M J Z H r g o w y g + i r r ¢Q w +cr LLl cn it + g¢ fYw OI O Wr r J 1 �0LL �Zo w I Woo LL 1 +r' + , + , + + Z O _ O— O to r U LU 1 W, ,, i+ a ' '+ �'.' 1 > 1 i' — - li r,+ +rrr+rr 1 � lLI 1 `ILL LL Z � ' ', r + W 1 + 'r WU'i ,'+'r+{r OF ILL W¢Of WZ , r r +r, !—Zo p Z W ]Z, W0Joo g w 1 6n i a Q+' Z �N eO w Zg 0co owl i > b + Z+ + ra +ar j + +a+ i 'r'r + i az HOV913S 021tlA 301S sL 213ddn9 o z 3dVOS0NVl VNINOZ 1S£-0 E)NUSIX3 a X. 3d)1.0 3?JO1S Jnda SAO f- ¢ O OOw J 0O N I 3�i �o' z rn U�w w w01 ¢ I OHLL xg OI FYZ=1 Za�2l - w if LL O � ¢ I cD ��ZO ZZZ O Wfn cnOOZ w�Q< 0 uj u- I 7 to M ^^a1 CL 0) I V M CL 8 I!q!4X3 9.B.c EXHIBIT "C" Conditions of Approval 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.97 acre site under common ownership or the property may be subdivided in accordance with the LDC. 2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square feet or less shall be larger than 15,000 square feet. 3. All buildings subject to this conditional use which exceed the otherwise applicable 5,000 — 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height of 35 feet and an actual height of 45 feet. 4. No adult oriented sales or rentals are permitted in this project. 5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter boundary with Falling Waters Beach Resort property line. 6. The trip generation cap is 435 unadjusted, two-way, p.m. peak hour trips. 7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the first building permit approval of any uses. 8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in structure side plane areas or break past the side plane of the building, except for speaker(s) associated with limited drive -through uses. 9. No more than one (1) approved Fast Food drive -through establishment shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line. 10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 11. All pole lighting will be flat panel fixtures. 12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut off shields. 13. Any lighting fixture/structure within 50 feet of a residential property line will be limited to 15 feet in height. Page ] of 2 Packet Pg. 137 9.B.c 14. No pawn shops are permitted in this project. 15. The following uses have been prohibited per this conditional use request: a. Convenience Stores with Gas Pumps only (SIC Group 5411) b. Gasoline Service Stations (SIC Group 5541) c. Homeless Shelters d. Hospitals (SIC Groups 8062-8069) e. Marinas (SIC Group 4493) f. Residential dwelling units g. Soup Kitchens 13-CPS-01274/59 5/21/14 Page 2 of 2 Packet Pg. 138 9.B.c HEX NO.2014 —13 HEARING EXAMINER DECISION PETITION NO. DRD-PL20130002659 — Petitioner, CSC Properties, LLC, requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from (1) LDC Section 4.06.02 CA. "Alternative D Landscape Buffer" which requires a 20- foot wide Type "D" landscape buffer for developments within an activity center, to instead provide a 10-foot wide Type "D" buffer along the Tamiami Trail East (U.S. 41) corridor; and, (2) LDC Section 4.06.02.0 which requires a Type "A" buffer along platted lot lines between commercially developed property, to instead provide no buffer and relocate the vegetation elsewhere on site. The subject property consists of 16f acres of land located on the north side of Tamiami Trail E. (U.S. 41), just east of the Collier Boulevard (C.R. 951) and Tamiami Trail E. (U.S. 41) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: June 12, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.03.17.7 of the Land Development Code has been met and the petition should be approved. ANALYSIS: This project currently exists as a single site development plan (SDP) encompassing multiple lots under common ownership, including the lots that are the basis for this application. Through this common SDP the prior owner previously provided parking to the existing buildings without strict adherence to individual lot boundaries, including 22 parking spaces and a stabilized vehicle turn around area on one of the lots subject to this application. Sometime thereafter, the lots that are part of this application were acquired by a new owner who intends to split the SDP into two separate SDPs. This future splitting will cause the lot containing the parking and vehicle turn around area to be separated from the adjacent lot containing the existing buildings. As a result, Deviation #2 is needed to allow the existing parking and turn around areas to continue servicing the adjacent originally developed site even though they are on separate lots. The landscaping material that would have been included within the area subject to Deviation #2 will be used to enhance the buffers between this affected lot and the residential project to the north, with the remainder of the landscaping material dispersed throughout other areas within the lot. With previous approvals, the original project was required to provide interconnection to the adjoining property to the northwest, which is currently occupied by a CVS Pharmacy. The easements, portions of the infrastructure and buffers, and a common entry have all been installed Page 1 of 3 Packet Pg. 139 9.B.c and proportioned to create this interconnection in accordance with the original approvals. Subsequent to that interconnection requirement, portions of the front of the properties that are part of this application were required to provide land for the widening of US 41. As a result of the land acquisition, retention of the twenty foot wide buffer along the US 41 frontage would not be possible without changes to the existing easements, portions of the infrastructure and buffers. Deviation # 1 allows for the width of the front buffer to be reduced to the ten feet that remains after the road widening, while providing that the same quantity of landscaping material that would have been in the twenty foot buffer to be located within the remaining ten feet. DECISION: The Hearing Examiner hereby approves Petition Number DRD-PL20130002659, filed by Davidson Engineering, Inc. representing CSC Properties, LLC, for a site plan with deviations for redevelopment for the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 4.06.02 CA. "Alternative D Landscape Buffer" which requires a 20-foot wide Type "D" landscape buffer for developments within an activity center, to instead provide a 10-foot wide Type "D" buffer along the Tamiami Trail East (U.S. 41) corridor. Deviation #1 begins at this property's common property line along US 41 with the existing CVS Pharmacy to the northwest and continues southeast for approximately 373 feet; and 2. A deviation from LDC Section 4.06.02.0 which requires a Type "A" buffer along platted lot lines between commercially developed property. Deviation #2 removes the buffer requirement between the existing retail store to the southeast and the common southeastern property line of this application. Material will be relocated to primarily supplement the existing buffer between Falling Waters Resort to the north and secondarily along the water management areas and landscape islands. These deviations are shown in the Deviations Detail attached as Exhibit "B," and are subject to the condition(s) set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A — legal description Exhibit B —Deviations Detail Exhibit C — Parking and Turn Around Area LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: Deviation #2 shall not be effective until a shared parking agreement or easement encompassing the existing parking spaces and stabilized turn around area located on Parcel 0072627007, consistent with Exhibit C, is recorded prior to the issuance of the first building permit on this parcel. However, if the applicant and the adjacent owner who benefits from the parking and turn around area mutually agree to modify the turn around area, then such modification shall be part of the required shared parking agreement or easement. Page 2 of 3 Packet Pg. 140 9.B.c APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. (�- 23^2-Otq Date 13-CPS-01281 / 12 M k Strain, Hearing Examiner A o ed as to form and legality: Heidi Ashton- icko Managing Assistant County Attorney Page 3 of 3 Packet Pg. 141 9.B.c DE DAVIDSON FNGiiNFFRINC- LEGAL DESCRIPTION EXHIBIT "A" BEING A PARCEL OF LAND LYING IN THE NORTH '/z OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF SAID PUBLIC RECORDS; THENCE NORTH 35°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF SAID LANDS; A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO THE MOST NORTHEASTERLY BOUNDARIES OF "PARCEL 4", "PARCEL 3" AND "PHASE 2 REMAINDER", ALL OF SAID OFFICIAL RECORDS BOOK 4380, PAGE 3511, A DISTANCE OF 896.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PHASE 2 REMAINDER"; THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PHASE 2 REMAINDER", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PHASE 2 REMAINDER"; THENCE NORTH 54°35'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARIES OF SAID "PHASE 2 REMAINDER" AND SAID "PARCEL 3", A DISTANCE OF 524.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 3511 OF SAID PUBLIC RECORDS; THENCE NORTH 35°35'44" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID "PARCEL 118FEE", A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID "PARCEL 118FEE"; THENCE NORTH 54°35'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF SAID "PARCEL 118FEE" AND "PARCEL 117FEE", A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING. CONTAINING 354,682 SQUARE FEET OR 8.142 ACRES, MORE OR LESS Home Center Plaza Site Plan with Deviations: Attachment C — Legal Description May 6, 2014 1 www.davidsonengineering.con, Packet Pg. 142 GBH mSII ,mS 8 §z0004Z Z d-uommd Bm uoz:6 99Z suo1,! V Bm UOZJOIad-}8 V ]uew Ljoe q'V u m a I fit ƒ '| K � )/ y m oi O&JO;S IIV JOTS 899Z000 MZld - U0I4110d 6UIUOZ : 6ti99Z) SUOROd 6uiu � 1 WLU FJ rn S O N J � m d o 0 adW O 12 W 0 �c C/ V �w t`� 3 m L u m aw s C, ra n G 00 �3 Z a 'Zi• �,v men yrle Wf* NJ '; I )Y]64C1A1 I F 1 I 1 i T i i _ 2 1 1 Y C IX .-- -- -T. t` I � i 1 I I F 8 a 1 i g I I I I CL I Y I Z f oZ JOiad - 8 OV :;UOWLIOBIIV a I U a a xa b� rr2 � Q N o G � Q� Q F..1 w IWI a6eJO)S IIV JOIS S99Z0006ZOZ-ld - uOII!lOd 6UIUOZ : 6V99Z) SUOIIOV 6uluOZ JOiad - 8 lIv :luauayOe;;d • � NV]d 3115 8=11StlW ;ZZ— Z voecseo uao t-. ONV SNOUIONOO aJNIlSIX3 iesv N-afw OSoovoa Nola3mNI 83LLtl3dWVZVId 2131N3.3WOHt\I 'l�3fOttl R _ ............ �I i e6 m1'!I I. ZI I II � i i I 1 ILIJ I (n Ir� I I m' I'I, I' I - •III -I 1 i �I I I. , I•I ± , I I IIII II I , LI, I I i t ill � I il'11 I I �i i 4Z l, I 1l I I I aL `N I i ._lay I' dN I I I I , II ! .� I I fJ�� I, �W • a j I; o pD-•yba-t _ _ �1^Try, ; I = I I I Ir Ir 1 V) Ri 9 11 O I I a W� I `' 3t • laa y i; I � I i ! I I oib n3 ¢ I c I O oz o y; ¢ - O I ' I I I ; I I i I I I i CD ! y z I! u.l I O ,LLJ 0 I I ; Vie•' ° i I I II y 00 i 3 8612JO;S IN JOTS 899Z000�ZOZ-ld - uOIWOd 6uluOZ : 6t,99Z) SUOI}Od 6uluOZ JOIJd - e }}d :;ueWL43e;}y k W 1� w M f m� } r� rr 1 Z O 0 i U W F- < U d� OZ i W O CCJ W I � K Sa ._0 of LAlU Q w� aZD LLJ X3 a jQ 2.�0 a Lo zz> 4000-0 Tm VN[Y tn0 —o0U Ww0 � I Iw L U w �---D am CY( o I a „ i z Q J ` I I I I M I I I I I I I I CD I I J i j 1 I I gl SAIIA I �F r o w I I - � J VZ Q I I N w Uj 0 I I W-m x �j I I I I I CJ -J r- O LL zz � I I w _ z l I I �¢ v dJ1 I I I r 1 dW Wa OZ -i I I /YY !� I. i. J I I+~� _�(A I �" • cn I Mai Wa 3 I OU�wU C, Uzu j �ZpQQ �« 4 i wW I 1 c I I 92 v CD a r 0 Y V <4 a '0 r , BY OTHERS �1� ..I..Y�- i s i i - rA •fir Turn Around area (tits` x #fit ") 5.6, v General area of shared parking and turn around Eft BERMr OP EL, 6.50 !l N 0 r ITYPE - Y • 7iJW F • i all� • OWN SO % 01 ► i• '._I: 66A&Sl I I • a Packet Pg. 147 9.B.e Neighborhood Meeting Summary Stor-All Rezone (PL-20210002658) July 6, 2022, 5:30 PM Rookery Bay National Estuarine Research Reserve - The Auditorium 300 Tower Road, Naples FL, 34113 The NIM was held for the above referenced petition. The petition is described as follows: RZ-PL-20210002658 - A petition to rezone the subject property from the Commercial Intermediate District (C-3) to the Heavy Commercial District (C-5) has been submitted to Collier County for approval. The request is for 5.5-± acres. The site this is located on the north side of Tamiami Trail East, approximately 500 feet east of the intersection of Tamiami Trail East and Collier Blvd, and within Section 3, Township 51 South, Range 26 East, in Collier County, Florida. The request includes a number of limiting conditions, as well as conditions to ensure compatibility with Falling Waters residential community to the north, including limiting C-5 use to indoor air conditioned self -storage; limiting building height to 35 feet; significant setbacks from adjacent Falling Waters residential community; locational restrictions on parking and loading; limits on hours of operation; and limits on lighting in the rear of the building. Note: This is a summary of the NIM. An audio recording is also provided. Property Owner: Stor-All Tamiami Trail, LLC Applicant: Stor-All Tamiami Trail, LLC Attendees on Behalf of the Applicant: Bob Mulhere, FAICP, Hole Montes, Inc. Ellen Summers, AICP, Hole Montes, Inc. Felix Pardo, AIA, ASID, CSI, Felix Pardo & Associates, Inc. James Banks, P.E., JMB Transportation Engineering, Inc. There were 9 members of public physically in attendance, and 2 members of the public in attendance via Zoom. Bob Mulhere made a brief presentation detailing the significant aspects of the proposal. Following the presentation, the meeting was opened up for comments and questions from members of the public in attendance in person and on Zoom. The following comments and questions were raised (responses in bold): • Does the proposal change the existing median cut or access to accommodate this use? Response: No, there will be no additional changes to access. There is an existing right - turn into the site that will remain. • Does the state or county have future plans for an overpass in this location? Page 1 of 2 Packet Pg. 148 9.B.e Response: The County has a long-range plan for a fly -over at this location that was proposed several years ago. It is uncertain as to when/if those plans will be developed. • Questions were raised by Jacob Winge (President of the East Naples Civic Association), regarding the viability of one or two fast-food restaurants being developed on the site. It was suggested that the applicant consider adding commercial use (retail or office) to the first floor. Response: Mixed use within the self -storage building is not viable. Limits related to access such as the right-in/right-out access on Tamiami Trail East, and no access through the CVS parcel (directly west of the subject site) to Collier Boulevard. The residents that are directly impacted are those to the north n falling Waters, and they support the proposed self -storage use. The existing Stor-All adjacent to the property was at 100% capacity within 6 months. There is an additional vacant one -acre lot immediately adjacent to the west of the proposed self -storage parcel that will ultimately be developed, providing for a mixed commercial use project. Also, the other three quadrants of this Activity Center have significant amounts of retail, restaurant, and personal services. These are large, deeper development parcels, which accommodate these types of uses. • The current building that houses the sheriff's offices, do we know the function at that location? Response: We do not have information on that building or use. • Comments were made by the HOA President for Falling Waters, as follows: "...we moved there for the peace and quiet, the less people and traffic in the area is most desired. The traffic at that corner is really bad, and we would not want any additional traffic in that area. The Stor-All owners have been great neighbors to us through this process and have been very helpful to our neighborhood." The meeting concluded at approximately 6:08 PM. Page 2 of 2 Packet Pg. 149 9.B.e :43adij WSW Niallit's, PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 HOLE MONTES ASSOCIATES INC 950 ENCORE WAY #200 NAPLES, FL 34110 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published In said newspaper on dates Ilsted,.Afflant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, 6/20/2022 Subscribed and sworn to before on June 20th, 2022 atary; tole Cout f Brown My commis ..i expires.'. .69 3 PUBLICATION COST: $1,008.00 AD NO: GC10899812 CUSTOMER NO: 530712 PO#: PUBLIC NOTICE AD SIZE: DISPLAY -==•-sue NANCY HEYRMAN Notary Public State Of Wisconsin Packet Pg. 1 0771 9.B.e The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP, President/CEO of Hole Montes, Inc. and Paula N.C. McMichael, AICP of Hole Montes, Inc. on behalf of the property owner at the following time and location: Wednesday, July 6, 2022 at 5:30 p.m. Rookery Bay National Estuarine Research Reserve, The Auditorium 300 Tower Road, Naples FL, 34113 The following formal application has been made to Collier County: RZ-PL-20210002658 - A petition to rezone the subject property from the Commercial Intermediate District (C-3) to the Heavy Commercial District (C-5) has been submitted to Collier County for approval. The request is for 5.5t acres located on the north side of Tamiami Trail East, approximately 500 feet east of the intersection of Tamiami Trail East and Collier Blvd, and within Section 3, Township 51 South, Range 26 East, in Collier County, Florida. In compliance with the Land DevelopmentCode requirements, aNeighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this petition and ask questions. The Neighborhood Information Meeting will be held on Wednesday, July 6, 2022 at 5:30 p.m. at the Rookery Bay National Estuarine Research Reserve, The Auditorium, 300 Tower Road, Naples FL, 34113. 3a' N ' ttTS Aiit�St: Subictt Site •o s to - > err v r•:L•—,,, Location Map }4 Stor•All C•5 Rezone. Iltt la,!pp�q �:•� !w•:a taL•6:r :r,Vr'v �-.^ .,�"� ______. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owners and Collier County staff. Zoom is being provided as an option to those electing not to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at NeighborhoodMeeting@hmeng.com and we will send a link of the video. You may also email any comments or questions to NeighborhoodMeeting@ hmeng.com. Please reference Stor-All Storage Rezone in subject line. Robert J. Mulhere, FAICP, President/CEO, Hole Montes, Inc. ` 950 Encore Way, Naples, FL 34110 Phone: 239-254-2000, email: bobmulhere@hmeng.com Packet Pg. 151771 9.B.e IRM HOLE MONTES ENGINEERS PLANNERS - SURVEYORS 950 Encore Way • Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099 June 20, 2022 Re: Stor-All Storage Rezone (PL-20210002658) HM File No. 2021.115 Dear Property Owner: Please be advised that Robert J. Mulhere, FAICP, President/CEO and Paula N. C. McMichael, AICP, Vice President of Hole Montes, Inc., on behalf of the applicant, have filed the following formal application with Collier County Growth Management: RZ-PL-20210002658 - A petition to rezone the subject property from the Commercial Intermediate District (C-3) to the Heavy Commercial District (C-5) has been submitted to Collier County for approval. The request is for 5.5± acres located on the north side of Tamiami Trail East, approximately 500 feet east of the intersection of Tamiami Trail East and Collier Blvd, and within Section 3, Township 51 South, Range 26 East, in Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about this petition and ask questions. The Neighborhood Information Meeting will be held on Wednesday, July 6, 2022 at 5:30 p.m. at the Rookery Bay National Estuarine Research Reserve, The Auditorium, 300 Tower Road, Naples FL, 34113. Zoom is being provided as an option to those electing not to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at NeighborhoodMeeting@bMeng.com and we will send a link of the video. You may also email any comments or questions to NeighborhoodMeeting@bmeng.com. Please reference Stor-All Storage Rezone in subject line. Very truly yours, HOLE MONTES, INC. Robert J. Mulhere, FAICP President/CEO RJM/sek H:\2021\2021115\WP\NIM\NIM Property Owner Letter (6-20-2022).docx Naples • Fort Myers Packet Pg. 152 d m ci (auozGN a6eao;S lIV aoIS 999Z000LZOZ]d - uoi;i)ad 6uiuoZ : 6V99Z) s;uawnooa WlN - C] 41v :;uauayoe;;y Q N NG o Cl) pia F *.;:;Ln u U O — �a Q u V) O 4.J Ln N 0 0 a= 0 00 N N ti o o o ��GP mZaLL n Z D ai �� a O ��. M LO a m m a 9.B.e AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of Compliance was acknowledged before me this 20thth day of June 2022 by means of K physical presence or online notarization, by Robert J. Mulhere, FAICP, President/CEO of Hole Montes, Inc., who is personally known to me or who has produced as identification. 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A o U co C 4, '_ O 4+ 3 > N U .c L aJ {!1 N tn tn Ln 41 � � o U O L U al c a aJ +�+ o m = = ' 3 m *' += E -0 3 L o -c U)c (U L v saj f U N N N L a ca W CL c co U N N L .a 'C a a r W t� Z 2416 FWBR IV TRUST 6810 BEACH RESORT DR #2410 NAPLES, FL 34114--- 1514 ANGELHOW FAMILY TRUST II 55 JANETTERRACE NEW HARTFORD, NY 13413--- 2820 BEACH RESORT LLC 4365 EAST.BAY CIR LEWIS CENTER, OH 43035 --- 0 BUOY, HARRY W & EVELLAJ 6604 CARLISLE BEND SPRINGFIELD, IL 62711 --- 0 CHRISTOPHER, ANTHONY & JOAN E 37 DELHAM AVE (UPPER) BUFFALO, NY 14216 --- 0 COVIELLO, JOSEPH G & ELLEN Z 6830 BEACH RESORT DR #4 NAPLES, FL 34114 --- 0 DIGNAM, BONNIE 214 RIVER DR APPLETON, WI 54915--- 1211 DRAKE,CAROL A 6810 BEACH RESORT DR #3 NAPLES, FL 34114--- 1512 DZUBIC, ISIVET 5118 201ST N FOREST LAKE, MN 55025 --- 0 ELDEEB, MOHAMED & KATHLEEN 6840 BEACH RESORT DR #2714 NAPLES, FL 34114--- 1529 9.B.e 09G8/091q@ AJaAV oane algltedwoo ww L9 x ww gZ tewJol ap 911anbi13 09'18/0919®AJ9AV ql!m algltedwoa ,9/9 Z x j ozls lagel , 6790 BEACH RESORT DR UN 8 LLC ABC LIQUORS INC 3211 SOUTH EMERALD AVE 8989 S ORANGE AVE CHICAGO, IL 60616 --- 0 ORLANDO, FL 32824 --- 0 ARNOLD S DEJONG REV LIV TRUST 6849 W FOSS ROAD MONEE, IL 60449 --- 0 BEES, KAROLYN 6830 BEACH RESORT DR #2605 NAPLES, FL 34114 --- 0 BATES TRUST NO CAB 98-2 929 COLLIER CT #6102 MARCO ISLAND, FL 34145 --- 0 BIBIK, RAYMOND W & KAY F i 6800 BEACH RESORT DR #12 NAPLES, FL 34114--- 1508 BUTTICE, DUANE L & MARYROSE C ii i CARANO, DENISE 6810 BEACH RESORT DRIVE #8 7736 CORNELL AVE NAPLES, FL 34114 --- 0 i i SAINT LOUIS, MO 13130 --- 2111 CIPRIANO, DIEGO & CAROLINE �I i , COLLIER CNTY 63 LIPTON LANE I TRANSPORTATION RIGHT-OF-WAY WILLISTON PARK, NY 11596 --- 0 i 2885 HORSESHOE DRIVE S. NAPLES, FL 34104 --- 0 i i i COX TR, DENNIST i �i i DAVIS, WILLIAM & LUCILLE FRANCES K COX TR i 6 BRIAR PATCH DR COX LIVING TRUST WESTERLY, RI 02891 --- 0 UTD 09/28/10 5708 PRAIRIE STONE DR MC FARLAND, WI 53558--- 8461 I, DIPPOLD, LEE MARTIN i DOTZENROTH, RONALD T & LINDA C DEBBIE ANN DIPPOLD I 35152 MEADOW LN 6810 BCH RESORT DR #2416 FARMINGTON HILLS, MI 48335--- 2534 NAPLES, FL 34114 --- 0 i i i DUNN, ANTOINETTE 8375 SIERRA MEADOWS BLVD #348 NAPS -ES, FL 34113 --- 0 ' i it E W OLSON & J E OLSON TRUST 242 S PRINCETON AVE l ! ITASCA, IL 60143---2175 i ELIA, BARBARAJ 6810 BEACH RESORT DR #7 NAPLES, FL 34114--- 1513 i 1i label size 1" x 2 5/8" compatible with Avery 05160181160 DUNN, GEORGE R & MARYT 6820 BEACH RESORT DR #3 NAPLES,.FL 34114--- 1517 EATON FAMILY TRUST 20036 POLLYANNA DR LIVONIA, MI 48152---1275 ELL!017, JUDY L 6820. BEACH RESORT DR #15 NAPLES, FL 34114---1520 Packet Pg. 158 09L8/09L5®fi1aAV oane olglpedwoo ww Lq x ww 9Z tewloi ap 9119nb113 09!I-8/09 [9®AJaAV y?.lm algltedwoo „8/9 Z X „G azls lagel FACCO,7ESSICAT FALLING WATERS BEACH RESORT 24531 WOODSAGE DR MASTER ASSOCIATION INC BONITA SPRINGS, FL 34134 --- 0 1330 RAIL HEAD BLVD STE 4 NAPLES, FL 34110---8428 FILIPPO, NICHOLAS 0 & ARLENE A 13 HARROGATE CT BLDG U WASHINGTON TWP, NJ 08080 --- 0 FRANK D COLLINGBOURNE TRUST MICHELLE D COLLINGBOURNETRUST 20324 CASLEMAINE AVE ESTERO, FL 3392$ --- 0 GALIANO, LINDA 6830 BEACH RESORT DR #7 NAPLES, FL. 34114 --- 0 GORDON JOHN BAT ES REV LIVING TRUST 17437 AVERHILL BLVD• MACOMB, MI 48042--- 4139 HABER, NICHOLAS J & BARBARA 6840 BEACH RESORT DR #1 NAPLES, FL 34114 --- 0 HAMMER, KIMBERLYJANE G790 BEACH RESORT DR #13 NAPLES, FL 34114---0 HEATHER M LESLIE TRUST 6840 BEACH RESORT DR #7 NAPLES, FL 34114--- 1527 JOAN BARKELLTRUST 606 FOREST RD LA GRANGE PK, IL 60526--- 5617 JOSEPH D EBERT REV TRUST SUZANNE M EBERT REV TRUST 30026JUDSON LANE DAGSBORO,.DE 19939--- 3381 FLAMINGO TRUST 3 WATERVIEW HEIGHTS RD PO BOX 529 NORTH TRURO, MA 02652 --- 0 FRED CLINTON GENRICH & KATHRYN LYNN GENRICH LIVING TRUST 421 WATERFORD DRIVE CARTERSVILLE, GA 30120 --- 0 GAVOR, LINDA, 6560 BEACH RESORT DRIVE #1 NAPLES, FL 34114 --- 0 GORENCE, THOMAS J & HOLLY V l 56205 VILLAGE DR LA QUINTA, CA 92253 --- 0 i, HADLOCK, DOUGLAS M &JILL M f 50 HIGHVIEW TER i MANCHESTER, NH 03104--- 4718 li iil HAMMER, KIMBERLYJANE 1 6790 BEACH RESORT DRIVE #14 i NAPLES, FL 34114 --- 0 i i ..I ii i HEDLUND, SHARON i. 59 PEACH TREE LN MOUNT SINAI, NY 11766 --- 0 I. 'I I I JOANNE M RUSSELL REV TRUST ! i 1225 DAISY LANE i j EAST LANSING, MI 48823 --- 0 •il i ;I li li: i is JOUW'STRA, PETER & SHARLENE 6840 BEACH RESORT DR #10 i i NAPLES,'FL 34114--- 1528 it i I I � I I� label size 1" x 2 5/8" compatible with Avery 05160/81'60 584��' FERRAIUOLO FAMILY IRREV TRUST 50 GARY PL STATEN ISLAND, NY 10314---0 FOSTER, WALTER & KRISTY 1425 MCSHAY DR WEST LAFAYETTE, IN 47906 --- 0 FULLER, ROBERT & JOAN M 2591 FURLONG RD ._. DOYCESTOWN, PA 18902--- 1689 GIFFORD, RONALD M & KAREN J 6830 BEACH RESORT DR #9 NAPLES, FL 34114 --- 0 GREENLEE, DAVID D &JUDITH K 3104 EAST WASHINGTON STREET BLOOMI,NGTON, IL 61704 ---0 HADLOCK, DOUGLAS M & JILL M 50 HIGHVIEW TERRACE MANCHESTER, NH 03104 --- 0 HARRIS TRUST 5733 GRAND RIDGE CT TRAVERSE CITY, MI 49685 --- 0 JACOBSON, BARRY & GAIL R 6840 BEACH RESORT DR #11 NAPLES, FL 34114--- 1528 JOSEPH D EBERT REV TRUST SUZANNE M EBERT REV TRUST 30026JUDSON LANE DAGSBORO, DE 19939---0 KESTEN, LOUIS J & LAURA E 62031NTERLAKEN WAY PROSPECT, KY 40059--- 8560 Packet Pg. 1 9771 i KINSELLA, DEBORAH 10739 S PULASKI RD CHICAGO, IL 60655---3937 KRISANDA, RONALD GERALDINE M KRISANDA 6560 BEACH RESORT DR #3 NAPLES, FL 34114--- 7545 09 [9/0915@ A19AV Dane alg ledwoo Will C9 x Will 9Z tewa01 ap 01}911bl}3 09;G9/09 Gq® AJaAV qm algljedwoo „8/9 Z x „l. ozis lagel KRG 951 & 41 LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN 46204 --- 0 ! i : LAVIN, PATRICIA ELLEN 6820 BEACH RESORT DR #12 NAPLES, FL 34114--- 1519 ! II I i LEON, ROBERT N ! LETZNER, GEORGE H & JOY A 7857 FIRESTONE LANE i 6800 BEACH RESORT DR #14 WASHINGTON TWP, MI 48094--- 3443 NAPLES, FL 341.14--- 1509 MARTIN, IRENE 6790 BEACH RESORT.DR #2 NAPLES, FL 34114--- 1501 MILLER, ANDREW &• WENDY 12 EAST DR LINWOOD, NJ 68221 --- 0 NANTZ FAMILY TRUST 1281 RIALTO WAY #202 NAPLES, FL 34:114 --- 0 ONEILL, JOHN. 6810 BEACH RESORT DR #13 NAPLES, FL' '34114-•-0 PHILLIP C BOYLE REV TRUST 6820 BEACH RESORT DR #8 NAPLES, FL 34114--- 1519 ROSCOE APARTMENTS LLC 114 SUBURBAN ACRES CARMICHAELS', PA 15320 --- 0 RUSSELL REALTY TRUST % NANCY RUSSELL 6790 BEACH RESORT DR NAPLES, FL 34114 --- 0 MARTIN, PAUL A & BARBARA A 6820 BEACH RESORT- DR #6 NAPLES, FL 34114--- 1518 MORGANTE, NOEMI AMIE 6840 BEACH RESORT DRIVE #2704 NAPLES, FL 34114 --- 0 OCONNOR; DANIEL J & PATRICIA M 6830 BEACH RESORT DT #2606 NAPLES, FL 34114 --- 0 OST, DANIEL LEE CAROL Z HAGERMAN 6830 BEACH RESORT DR #2608 NAPLES, FL 34114 --- 0 RINGENBACH, JAMES T & AMALIA 538 THORN DALE AVE ELK GROVE VILLAG, IL 60007--70 i' ROSSER, BRUCE & LAURIE E 126 PIPERS INN DR FOUNTAINVILLE, PA 18923 --- 0 SCHULTZ, RANDALL D 6560 BCH RESORT DR#4 NAPLES, FL 34114 --- 0 i label size 1" x 2.5/8" compatible with Avery 65160/81160 9.B.e KRG 951 & 41 LLC 30 S MERIDIAN ST STE 1100 INDIANAPOLIS, IN 46204 --- 0 LEMANSKI, DENNIS R & BARBARA A 26034 YORKSHIRE PL GROSSE ILE, MI 48138-:-1886 MAGNANI, THOMAS N & HELEN 42 UNION PL ISLIP, NY 11751--- 4714 MEYER, JEROME A & GAIL B 38 KALAN CIR FAIRRELD, CT 06824 --- 0 NADEAU, DAVID A & SUSAN 6560 BEACH RESORT DR #2 NAPLES, FL 34114 --- 0 OGGERI, PATRICK MICHAEL JACQUELINE ANN OGGERI 160 DAHLIA DR MAHOPAC, NY 10541 --- 0 PAMELA R BALY REVOCABLE TRUST 403 N PROSPECT MANOR MOUNT PROSPECT, IL 60056- 0 RONALD & CAROL VAN ANTWERP JOINT REV TRUST 6830 BEACH RESORT DR 42611 NAPLES, FL 34114 --- 0 RTG LLC 1, CVS DR #7899-01 WOONSOCKET, RI 02895---6146 SCULLY, JOHN K & ELIZABETH A 351 UNION ST HOLBROOK, MA 02343--- 1330 Q Packet Pg. 160 SEILER JR' RICHARD R KAREN LEAHY-SEILER 6830 BEACH RESORT DR 42 NAPLES, FL 34114--- 1521 SIMMS PROPERTIES LLC 18536 STONEY POINT RD KING GEORGE, VA 22485 --- 0 STOR-ALLTAMIAMI TRAIL LLC 141 SE 1ST STREET DEERFIELD BCH, FL 33441 --- 0 STORESMART NAPLESILC 1146 CANTON ST ROSWELL,:GA 30075-=-0 SURABIAN TR, RONALD J JOHN H SURABIAN TRUST ANTOINE17E M SURABIAN TRUST PO BOX 58 WEST HARWICH, MA 02671 --- 0 SZABO, RONALD W & JANICE A 14512 66TH .CT OAK FOREST, IL 60452--- 4803 UNITED TELEPHONE CO OF FLA ATTN: PROPERTY TAX 1025 ELDORADO BLVD BROOMFIELD, CO 80021 --- 0 09 [2/09 [�o AJaAV oane olgltedwoo ww Lg x WW, 9Z;ewJo} ap a1190113 0%9/09190 AnAV ql!m olgl}edwoo „8/9 Z x «L azls loge) SHARYN E SOLOMON REV TRUST 6560 BEACH RESORT DR #13 NAPLES, FL 34114 --- 0 SOLANO, CARLOS & GINA M 1439 MEEGAN WAY ELK GROVE VILLAG, IL 60007 --- 0 i' i WHITE, LAMES W & GLENDA F 6390 WILLOW RD W BLOOMFIELD, MI 48324--- 2047 i WORSDALE, PAUL & JOAN M KATIE WORSDALE 6590 BEACH RESORT DR UNIT 9 NAPLES, FL 34114--=0 i I BELANGER, MARC NATHALIE SIMARD 3537 CH ST LOUIS #510 QUEBEC CITY G1W 0B4 CANADA STOR-ALLTAMIAMI TRAIL LLC 141 SE 1ST STREET DEERFIELD BEACH, FL. 33441 --- 0 STRATFORD FAMILYTRUST 6800 BEACH RESORT DR #2304 NAPLES, FL 34114 --- 0 SUTO, BARBARA 24 DUDLEY ST I WEST MILFORD, NJ 07480---4323 it it TIITF /DOT /ST OF FL DOUGLAS BLDG 3900 COMMONWEALTH BLVD i TALLAHASSEE, FL 32399--- 3000 i` VILLARI III, PHILIP A ANGELA MINOLFO VILLARI ' 398 W VALLEY FORGE RD KING OF PRUSSIA, PA 19406--- 1881 i WIGHTMAN, GARY S 6560 BEACH RESORT DR #2807 NAPLES, FL 34114 --- 0 i �i ii 9.B.e SILVA, JOHN L 6830 BEACH RESORT DR #2603 NAPLES, FL 34114 --- 0 SPINELLI, LOUIS R & ANITA H 6840 BEACH RESORT DR #2712 NAPLES, FL 34114--- 1528 STOR-ALLTAMIAMI TRAIL LLC 141 SW 1ST ST DEERFIELD BEACH, FL 33441 --- 0 SUNSET OF NAPLES LLC 5194 SEAHORSE AVE NAPLES,-FL 34103---0 SWEET KORMAN C &JACQUELINE K 13927 DEVIAR DR CENTREVILL.E, VA 20120--- 1224 ZUPCICH, FRANK & LISA I i i 640 10TH AVE NEW HYDE PARK, NY. 11040 --- 0 i� ;I BURLING, GEOFFREY & BARBARA' WOODGATES MELFORD RD CAVENDISH SUFFOLK COL) BAD ENGLAND i label size 1" x 2 5/8" compatible with Avery 65160/8160 E+:,:.,,.+.,, a,. +,..-.,,..+ nc ,,,.,,.., c7 ,,,....,,.—,,+;kIn ll„ — OFiC/1/41 Cn UAP - DEVONSHIRE LLC 1401 QUAIL ST #140 NEWPORT BEACH, CA 92660 --- 0 WEINRAUCH, JOHN R & JUDITH A 6840 BEACH RESORT DR #2703 NAPLES, FL 34114---1526 ' WOLTERS, MARY 6790 BEACH RESORT DR #15 NAPLES, FL 34114 --- 0 ARMSTRONG, FRANCIS & DENISE 3041 GOLDEN ORCHARD DRIVE MISSISSAUGA L4X 2V1 CANADA CERNAT, DAN & GETA 7 MALAREN RD MAPLE L6A 1E5 CANADA Packet Pg. 1 1771 CLAVET, WILLIAM A & TARYL D 1460 OLIVER ROAD THUNDER BAY P7G 1N6 CANADA PIRJOL, DANIELA 35 LONGWOOD AVENUE RICHMOND HILL L4E 4AS CANADA Falling Waters Beach Resort Master Association, Inc, P.O. Box 214 Estero, FL 33929 Falling Waters Beach Resort IV c/o Estero Property Management P.O. Box 214 Estero, FL 33929 09 G9/0915@ AJaAV oau algljedwoo ww L9 x ww 9Z tewJo} op 91jan;bI13 09'[9/0919@, AJaAV qm algltedwoo „g/9 Z x ., t azls laq> DUBOIS, GILLES DIANE BERGEVIN SEBASTIEN DUBOIS ET AL 32 RUE VIGNEAULT SAINT CONSTANT J5A 1N8 CANADA 6B.e 0�' EL-MASRI, MOURAD S & ELAINE L TANYA K EL-MASRI SHAHIRAJ EL-MASRI 25 MAPLE HATCH CLOSE GODALMING SURREY GU71TQ ENGLAND East Naples Civic Association 8595 Collier Blvd., Ste.107-49 Falling Waters Beach Resort I Naples, FL 34114-3556 c/o Paramont Property Mgmt, LLC 5629 Strand Blvd, Ste. 412 Naples, FL 34110 Falling Waters Beach Resort II ; Falling Waters Beach Resort III c/o Estero Property Management c/o Cambridge Mgmt of SW FL, Inc. P.O. Box 214 ' 2335 Tamiami Trail North, Ste. 402 Estero, FL 33929 i Naples, FL 34103 I !I: III II ;l� Ili 1" i I illl I I �ll 111 ,I. li I ill �l I ,I �I 1, ll 'I l jl l l � label size 1" x 2 5/8" compatible with Avery 05160/8160 "I -'- --'---,, — ____ .. — —.v __..,___.:w:,. -.— n......, AC' icn/Olen Q Packet Pg. 162 9.B.f SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petition of the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirements of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petition or the petitioner's agent must replace the sign(s). NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED ROBERT J. MULHERE, FAICP, PRESIDENT/CEO WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPERTY NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL-20210002658. Hole Montes, Inc.. 950 Encore Way SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Robert J. Mulhere, FAICP, President/CEO Naples, FL 34110 NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The f re,going instrument was sworn to and subscribed before me this 17tn day of April 2023, by means of physical presence or o ine notarization, by Robert J. Mulhere, FAICP, President/CEb, who is personally known to me or who has produced as identification and who did/did not take an oath. ""A Pu"'•.. STEPHANIE KAROLKow• �X'i Notary Public • State of Florida f ' Commission k GG 965839 Signatu of Notary Public or f` My Comm. Expires Mar 9, 2024 Bonded through National Notary Assn. e vueo y Commission Expires: Printed Name of Notary Public (Stamp with serial number) Packet Pg. 163 - UOIIROd 6U'UOZ : 61V99Z) (£ZOZ-L�-V) u6ig;0 0104d pue 03'}ON 6ui;sod 10 }inep!IIV :IUGWt40elIV a m m a r LU � Q1 LL w N r 00 W C6 Z ~ C'7 CAI co ® wz N c(.0 :� i ►- (/) C� WN Qzw � C? O w Lu I > ��NCD n ' Z M CN ZQON®z�� Z ..��NNCVozQo a Q Oa-IT~'2iO0J w Wo . N-u) = JzaWoJ� .J c Z QLL O n L)z --� U�_ J a�V ..��—o Om(,)L)oo° 2 w �I— aVmL�Q A L) CL o � j =N CY J asbO 9.B.g NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9.00 A.M. on June 27, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL to consider- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING PROPERTY FROM COMMERCIAL INTERMEDIATE DISTRICT (C-3) TO HEAVY COMMERCIAL DISTRICT (C-5), SUBJECT TO CONDITIONS, FOR A SELF -STORAGE FACILITY AND GENERAL COMMERCIAL DISTRICT (C-4) USES ON THE NORTH SIDE OF TAMIAMI TRAIT. EAST (US 41) JUST EAST OF COLLIER BOULEVARD (CR 951), BY AMENDING ORDINANCE NUMBER 2M 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 CONSISTING OF APPROXIMATELY 5.983 ACRES, LOCATED ON LOTS 2 AND 3 OF INLAND VILLAGE, IN SECTION 3,' TOWNSHIP 51 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA, PROVIDING FOR REPEAL OF ORDINANCE No. 2005-35 AND RESOLUTION NO.2014-140; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210002658] `> Project Location �l. ............. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be beard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda iS posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participationis provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffi-ey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 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 Division,' located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. i BOARD OF COUNTY COMMISSIONERS ' COLLIER COUNTY, FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & COMPTROLLER By: Merline Forgue, Deputy Clerk (SEAL) ND43010608"l J Z r m H v a Z M N d C O N fY O L O Q L O CO) 00 an to N O 0 _o N O N J IL c IL c N CD Iq to rA to tD to N 0 R C Cl) im tts , R R C N E t 0 Q Packet Pg. 165 STOR-ALL STORAGE REZONE (PL-20210002658) PRE -APPLICATION MEETING NOTES Co -ier County r. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: _Rezone (RZ ) Date and Time: Tuesday 11/2/21 at 3:00 PM - SKYPE Gabriela Castro Engineering Manager (for PPL's and FP's): Project Information ProjectName: Stor-All Storage Rezone (RZ) PL#: 20210002658 726040001 PropertylD#: 725960001 Current Zoning: C-3 Project Address: City: Naples State: FL Zip: 34114 Applicant. Paula McMichael, AICP,VP Hole Montes, Inc. Agent Name: same Phone: 239-254-2018 Agent/Firm Address: 950 Encore Way City: Naples Property Owner: Stor-All Tamiami Trail, LLC Please provide the following, if applicable: i. Total Acreage: 6 + / - ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: State: FL Zip: 34110 V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page 1 1 of 5 C01146r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note - link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 r PIJIF -7n &nQ C- - A , I-; , . CA 7 S. Q A-T� �h �wt I. PJ dT S ti ►lC o� r�„�,I� _, If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition Is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton@naplesgoy.com Allyson Holland AMHolland(d,)naplesgov.com Robin Singer RSinger(@-naplesgov.com Erica Martin emartinCo',naplesgoy.com Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and,LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 2 of 5 ThomasClarkeVEN From: OrtmanEric Sent: Friday, November 05, 2021 11:48 AM To: ThomasClarkeVEN Subject: Pre-App Notes for Stor-All Storage PL20210002658 1. Describe how project is consistent with: FLUE Objective 5 — Policies 5.3, 5.4, and 5.6; and FLUE Objective 7 — Policies 1-4 inclusive 2. Address the FLUE Mixed -Use Activity Center factors a thru i with specific attention to c — market demand and service area for the proposed commercial land use. 3. Include a straight-line rendering. 4. Reach out to the East Naples Civic Association to inform them of the proposed project. Co[[iier Corinty Collier County Growth Manaeement Department Principal Planner, Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-1032 Eric.Ortman@colliercountyfl.gov Visit our Webiste at: WWW.COLLIER0OUNTYFL.GOV Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Applications for a Zoning Verification Letter can be found here: https://www.colliercountyfl.goy/home/showdocument?id=69624 Zoning Certificate applications can be found here: https:/Iwww.colliercountyfl.gov/your-government/divisions-f- r/operations-regulatory-management/zoning-or-land-use-application/zoning-other-land-use-applications . `, Co(f ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes _CwtJi2��,IYN��rg� — C444) aAlXt.w— S,,O- (2MHL� f-L11,2S -- P!1-1.,10— :5.4. Other required documentation for submittal (not listed on application): Disclaimer., Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 ThomasClarkeVEN From: BrownCraig Sent: Tuesday, November 02, 2021 5:51 PM To: ThomasClarkeVEN Subject: RE: Pre-App Research for Stor-All Storage Rezone (RZ) - PL20210002658 - virtual meeting Tuesday 11/2/21 at 3:00 PM Thomas, Indicate how much preservation has been established with a note on the site Plan. The preserve requirement has been met by plat (OR 3989 Pages 591-596). Address CCME Policy 6.1.1 No environmental data needed with this one the site is mostly developed. Craig Brown Senior Environmental Speciali Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Monday, November 1, 2021 12:13 PM To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig <Craig.Brown @colliercountyfl.gov>; CookJaime <Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; FeyEric <Eric.Fey@colliercountyfl.gov>; MedinaJosephine <Josephine.Medina @colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard.Orth@colliercountyfl.gov>; KlopfParker <Parker.Klopf@colliercountyfl.gov>; PollarclBrandi <Brandi.Pollard@colliercountyfl.gov>; AshkarSally <Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; ColeTabatha <Tabatha.Cole@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; WilkieKirsten <Kirsten.Wilkie@colliercountyfl.gov> Cc: CastroGabriela <Gabriela.Castro@colliercountyfl.gov>; YoungbloodAndrew <Andrew.Youngblood@colliercountyfl.gov> Subject: Pre-App Research for Stor-All Storage Rezone (RZ) - PL20210002658 - virtual meeting Tuesday 11/2/21 at 3:00 PM Good Afternoon All, Please review the attached Zoning Pre-App Research for Stor-All Storage Rezone (RZ)-PL20210002658. ThomasClarkeVEN From: SawyerMichael Sent: Tuesday, November 02, 2021 3:31 PM To: ThomasClarkeVEN Subject: Stor-All Rezone pre app this afternoon. Follow Up Flag: Follow up Flag Status: Flagged Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of Rezone submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: "The maximum total daily trip generation for the Rezone shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Respectfully, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyerPcolliercountyfl. ov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 ThomasClarkeVEN From: Templeton Mark Sent: Tuesday, November 02, 2021 3:38 PM To: ThomasClarkeVEN Subject: PL20210002658 Stor-All Storage 726040001, 725960001 (RZ) Landscape Notes Follow Up Flag: Follow up Flag Status: Completed Hi Thomas, Below are my comments on this one: Landscape: If rezoning for specific use, label the perimeter landscape buffers. Side buffers are 7.5' Type A. 15' Type B along the North. South buffer per plat Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co Z_r County Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Codii r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20210002658 Collier County Contact Information: Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard@ col IiercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown @colliercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfLgov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jai me.cook@colliercountyfLgov Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemeo@northcollierfire.com Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfl.gov Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov �d Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@collie rcountyfLgov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Parker Klopf Zoning Senior Planner 252-2471 Parker.klopf@colliercountyfl.gov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com ❑ Diane Lynch Operations Analyst 1 252-8243 1 diane.lynch @colIiercountyfLgov [I Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.gov C: offier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Josie Medina Comp Plan -Principal Planner 252-2306 Josephine.Medina@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov 1 Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 bra ndi.pollard@colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email �— tt5 C (,' hat PXA,,iz,, L kt, M , r' ,5:'70/b <qVh&--.,4 cr.C, Updated 1/12/2021 Page 1 5 of 5 ',;t"1't'c Co'C%r 0014ftty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20210002658 — Stor-All Storage Rezone (RZ) Planner: TBD�0Q1/ ewila Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Paula McMichael, AICP, VP/Hole Montes, Inc. (239-254-2018) • Agent to list for PL# Paula McMichael, AICP & Bob Mulhere, FAICP • Owner of property (all owners for all parcels) Parcels: 00726040001 and 00725960001 - Stor-All Tamiami Trail, LLC • Confirm Purpose of Pre-App: (Rezone, etc.) The applicant is requesting a conventional rezone of the subject property, approximately 6 acres, from C-3 to C- 5 to allow for the construction of a self -storage facility. • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: The applicant is requesting a conventional rezone of the subject property, approximately 6 acres, from C-3 to C- 5 to allow for the construction of a self -storage facility. REQUIRED Supplemental Information provided by: Name: Paula McMichael, AICP Title: Vice President Email: Paulamcmichael@hmeng.com Phone: 239-254-2018 Cancellation/Reschedule Requests: Contact Connie Thomas -Client Services Supervisor Consuela.Thomas@colliercountyfl.gov Phone:239-252-2473 Created April 5, 2017 Location: G:\CDES Planning Services\Current\Zoning Staff Information Zoning Division - 2800 North Horseshoe Drive - Naples, Florida 34104.239-252-2400 • ruwww.cd6ergov.net GOMer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Standard Rezone Chapter 3 H. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW SPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application meeting notes 1 Project Narrative 1 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Utility Provisions Statement with sketches 1 ❑ Signed and Sealed Survey 1 Conceptual Site Plan 1 Architectural Rendering ❑ List identifying Owner & all parties of corporation 1 Warranty Deeds 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Listed Species Survey; less than 12 months old. Include copies of previous surveys 1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ ❑ Historical Survey or waiver request 1 Traffic Impact Statement, with applicable fees -- A-r z Sug,u,ii n 1 School Impact Analysis Application — residential projects only 1 Electronic copy of all documents and plans 1 ^ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." 09/28/217 Page 7 of 8 0 Go ner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: -, t A Bayshore/Gateway Triangle Redevelopment: Executive Director Historical Review City of Naples: Robin Singer, Planning Director El Immokalee Water/Sewer District: Conservancy of SWFL: Nichole Johnson E I Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers; and/or EMS: Artie Bay School District (Residential Components): Amy Lockheart ❑ Other: ❑ Other: FEE REQUIREMENTS M Pre -Application Meeting: $500.00 (Applications submitted 9 months or more after the date of the last pre -application meeting shall not be credited towards application fees and a new pre -application meeting will be required) Rezone Petition (regular): $6,000.00 plus $25.00 an acre (or fraction thereof) / o Additional Fee for 5th and subsequent reviews: 20% of original fee [� Comprehensive Planning Consistency Review: $750.00 ❑ Listed/Protected Species Survey: $1,000.00 Estimated Legal Advertising: o CCPC- $1,125.00 ` o BCC- $500.00 / l�" Transportation Fee: / /�'�¢�'uAv(�Gy r,�;�� g� 3,f 03urHLis 5 nFF o Methodology Review: $500.00 (Additional fees to be determined at Methodology meeting) �1 [VC School Concurrency Review: If required, to be determined by the School District in coordination with 1 the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Applicant/Owner Name (please print) Date 09/28/217 Page 8 of 8 STOR-ALL STORAGE REZONE (PL-20210002658) STANDARD REZONE APPLICATION Co'Cer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STANDARD REZONE APPLICATION LDC Section 10.02.08 Chapter 3 H. of the Administrative Code PROJECT NO PROJECT NAME To be completed bystoff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Stor-All Tamiami Trail, LLC Name of Applicant if different than owner: Address: 141 SE 1 st Street Telephone: 954-421-1196 Cell: .City: Deerfield Beach State: FL N/A Fax: N/A E-Mail Address: markb@Stor-all.com; fpardo@fpadesign.com ZIP: 33441 Name of Agent: Paula N. C. McMichael, AICP, VP & Robert J. Mulhere, FAICP, President Firm: Hole Montes, Inc. Address: 950 Encore Way Telephone: 239-254-2000 City: Naples Cell: N/A State: FL ZIP:34110 Fax: 239-254-2099 E-Mail Address: paulamcmichael@hmeng.com; bobmulhere@hmeng.com PROPERTYO Provide a detailed legal description of the property covered by the application, if space is inadequate, attach on separate page: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: _j__/jLLj26E Lot: Block: Subdivision: See Survey Plat Book: Page # Property I.D. Number: 00725960001 & 00726040001 09/28/2017 Page 1 of 8 cot 14er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 660± 390± 260,48 9± 5.54± Size of Property: ft. x ft. _ Total Sq. Ft. Acres: Address/ General Location of Subject Property: North side of Tamiami Trail East, approx. 500 feet east of the intersection of Tamiami Trail East and Collier Blvd. ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Residential (Falling Waters) S CPUD Tamiami Trail East/Commercial Shopping Center E C-5 Storage and Warehousing W C-3 ST Pharmacy/Convenience Store (CVS) If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Section/Township/Range: Plat Book: Page #: Property I.D. Number: Lot: Block: Subdivision: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from: C-3 Zoning district(s) to the Present Use of the Property: Vacant C-5 zoning district(s). Proposed Use (or range of uses) of the subject property: Self -storage facility & full range of C-5 uses Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 09/28/217 Page 2 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co h� r County ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Requirement: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/index.aspx?page=774. Name of Homeowner Association: East Naples Civic Association, 8595 Collier Blvd., Suite 104 Mailing Address: PMB #49 City: Naples State: FL Zip: 34114 Name of Homeowner Association: Falling Waters Beach Resort Master Association, Inc. Mailing Address: P.o. Box 214 City: Estero State: FL ZIP: 33929 Name Of Homeowner Association: Falling Waters Beach Resort I c/o Paramont Property Management, LLC Mailing Address: 5629 Strand Blvd., Suite412 City: Naples State: FL Zip: 34110 Name of Homeowner Association: Falling Waters Beach Resort II c/o Estero Property Management Mailing Address: P.O. Box 214 City: Estero State: FL Zip: 33929 Name of Homeowner Association: Falling Waters Beach Resort III c/o Cambridge Management of SW FL, Inc. Mailing Address: 2335 Tamiami Trail North, Suite 402 City: Naples State: FL Zip: 34103 Falling Waters Beach Resort IV c/o Estero Property Management, PO Box 214, Estero, FL 33929 EVALUATION CRITERIA I Pursuant to LDC section 10.02.08, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, please provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. See attached Evaluation Criteria 1. Whether the proposed change will be consistent with the goals, objectives, policies, future land use map and elements of the Growth Management Plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) when necessary. 6. Whether the proposed change will 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. 8, Whether the proposed change will create a drainage problem. 09/28/217 Page 3 of 8 Co' &r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect 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. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 106, art. II], as amended]. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes F No if so please provide copies. 09/28/217 Page 4 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Cagier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST APPLICANT INFORMATION Name of Applicant(s)• Stor-All Tamiami Trail,LLC Address: 141 SE 1 st Street Telephone: 954-421-1196 City: Deerfield Beach State: FL ZIP: 33441 Cell: N/A Fax: N/A E-Mail Address: markb@Stor-all.com; fpardo@fpadesign.com Address of Subject Property (If available): City: Naples State: FL ZIP. 34114 LEGAL DESCRIPTION - Section/Township/Range: 3 51 S / 26E Lot: Block: Subdivision: N/A Plat Book: Page #: Property I.D. Number: S S 00725960001 & 00726040001 Metes & Bounds Description: ee Urvey TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System d. Package Treatment Plant e. Septic System Provide Name: (GPD Capacity): TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System C. Franchised Utility System Provide Name: d. Private System (Well) Total Population to be Served: 800 warehousing units and restaurant operating more than 16 hours per day with 100 seats/ Peak and Average Daily Demands: / two 100- seat restaurants with A. Water -Peak: 11,648/21,840 GPD AverageDail 8 960/16,800GPD Y� _' no warehousing B. Sewer -Peak: 19/35 GPM Average Daily: 6,400/12,000 GPD 09/28/217 Page 5 of 8 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net CoO T County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2023 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. There are existing sewer connections available, as demonstrated by SPDI PL 20200001750. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 H. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 09/28/217 Page 6 of 8 Project Capacity - RESIDENTIAL A = Type of Unit B = Number of C = Population D = Total E = Per Capita F = Total G = Peak hour Units per Unit Population Flow (gpd) Average Daily flow (gpm) (B x C) Flow (gpd) (D x E) Residence* 2.5 0 100 0 0.0 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Peak Factor = 18 + (P)1/z 4 + (P)1/2 P= 0.000 (total population / 1000) Peak Factor (PF) =1 4.5 Note: Peak factor calculation per 10 State Standards. 3/30/2018 CCPU Wastewater Flow Worksheets Project Capacity - COMMERCIAL Type of Establishment # Units GPD/Unit GPD Food operations, Restaurant operating more than 16 hours per day, per seat 200 60 12,000 Subtotal 12,000 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 12,000 4.2 50,653 35.2 3/27/2018 CCPU Wastewater Flow Worksheets Project Capacity - INSTITUTIONAL Type of Establishment # Units GPD/Unit GPD Subtotal 0 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 0 4.5 0 0.0 3/27/2018 CCPU Wastewater Flow Worksheets Project Capacity - MIXED USE A = Type of Unit B = Number of Units C = Population per Unit D = Total Population (B x C) E = Per Capita Flow (gpd) F = Total Average Daily Flow (gpd) (D x E) G = Peak hour flow (gpm) Residential* 0 2.5 0 100 0 0 Commercial** 120 100 12,000 35 Institutional** 0 100 0 0 TOTAL 120 100 12,000 35 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" **Use population equivalent based on average daily flow. Peak Factor = 18 + (P)1/2 -r , ,. , P= 0.120 (total population / 1000) Peak Factor (PF) = 4.2 Note: Peak factor calculation per 10 State Standards. 3/27/2018 CCPU Wastewater Flow Worksheets 64E-6.008 System Size Determinations (1) Minimum design flows for systems serving any structure, building or group of buildings shall be based on the estimated daily sewage flow as determined from previous tabs. (a) The DOH county health department shall accept, for other than residences and food operations, metered water use data in lieu of the estimated sewage flows set forth in Table I. For metered flow consideration, the applicant shall provide authenticated monthly water use data documenting water consumption for the most recent 12 month period for at least six similar establishments. Similar establishments are those like size operations engaged in the same type of business or service, which are located in the same type of geographic environment, and which have approximately the same operating hours. Metered flow values will not be considered to be a reliable indicator of typical water use where one or more of the establishments utilized in the sample has exceeded the monthly flow average for all six establishments by more than 25 percent or where the different establishments demonstrate wide variations in monthly flow totals. When metered flow data is accepted in lieu of estimated flows found in Table I, the highest flow which occurred in any month for any of the six similar establishments shall be used for system sizing purposes. Except for food operations which exceed domestic sewage waste quality parameters as defined in subsection 64E-6.002(15), F.A.C., where an existing establishment which has been in continuous operation for the previous 24 months seeks to utilize its own metered flows, the applicant shall provide authenticated monthly water use data documenting water consumption for the most recent 24 month period. The highest monthly metered flow value for an existing establishment shall be used for system sizing purposes. (b) When onsite systems use multiple strategies to reduce the total estimated sewage flow or the drainfield size, only one reduction method shall be credited. Footnotes 1. For food operations, kitchen wastewater flows shall normally be calculated as 66 percent of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as restaurants, convenience stores and service stations located near interstate type highways and similar high -traffic areas, require special sizing consideration due to expected above average sewage volume. Minimum estimated flows for these facilities shall be 3.0 times the volumes determined from the Table I figures. 3. For residences, the volume of wastewater shall be calculated as 50 percent blackwater and 50 percent graywater. 4. Where the number of bedrooms indicated on the floor plan and the corresponding building area of a dwelling unit in Table I do not coincide, the criteria which will result in the greatest estimated sewage flow shall apply. 5. Convenience store estimated sewage flows shall be determined by adding flows for food outlets and service stations as appropriate to the products and services offered. 6. Estimated flows for residential systems assumes a maximum occupancy of two persons per bedroom. Where residential care facilities will house more than two persons in any bedroom, estimated flows shall be increased by 50 gallons per each additional occupant. PART 2 WASTEWATER COLLECTION AND TRANSMISSION SYSTEMS All wastewater pipe, material, equipment and appurtenances shall be new, and shall conform to Section 2, Technical Specifications and Section 3, Utilities Detail Drawings. Wastewater systems shall be designed to maintain adequate flows and standards as established by Florida Department of Environmental Protection (FDEP), using the equivalent residential connection (ERC) value of 250 gallons per day per residential unit (broken down to 100 gallons per day per person and 2.5 people per household) and F.A.C. 64E-6.008 for nonresidential. All wastewater projects shall be designed to preclude the deliberate introduction of storm water, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, air conditioning system condensate water, non -contact cooling water, and sources of uncontaminated wastewater as specified in F.A.C. Chapter 62-610 and comply with Ordinance 2012-13 "Collier County Industrial Pretreatment Ordinance." Special attention shall be given to gravity lines that receive flows from wastewater transmission or re -pumping facilities. Due care shall be taken in these cases to ensure that no surcharge conditions occur downstream due to excessive flow rates. Under no conditions shall pipe of a diameter larger than that necessary for proper hydraulic design as determined by the COUNTY Growth Management Division or Public Utilities Planning and Project Management Department be permitted for use on any project. y C ro v f6 V) O r-I 0 0 0 _ N N O -p v C O m L C_ N O CL a O p rn a n '" 3 a o O J LL t 3 M W %) —. G Ln LLJ n n > C5 Z c 3 Q c u H LL > ZCI l7 `o- } 2 7 u O �b Z o Z p5—. 0= �a�d � O m s 2 c co w F-v O a 3 —v v c p 0 yS lD O a LL LZ a M L v o ,� a a, a 3 > c c O ° tz ui 7 O °C ` 3 O c N £ Q = Y d o � o � � 3 > p (0 L C f0 N V av p CfO vi i I 0 q o 0 0 0 0 0 0 0 0 '1 any ugisaO pJAIjnOH lead b JO 011" COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Collky County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Standard Rezone Chapter 3 H. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application meeting notes 1 ✓ Project Narrative 1 ✓ Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Utility Provisions Statement VAtWs3 1 ✓ Signed and Sealed Survey 1 �/ Conceptual Site Plan 1 �/ Architectural Rendering List identifying Owner & all parties of corporation Lzi Warranty Deeds 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 V/ Listed Species Survey; less than 12 months old. Include copies of previous 1 Elsurveys Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑ 0✓ ❑ Historical Survey or waiver request 1 Traffic Impact Statement, with applicable fees 1 V/ School Impact Analysis Application — residential projects only 1 Electronic copy of all documents and plans 1 �/ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." 09/28/217 Page 7 of 8 COLLIER COUNTY GOVERNMENT CAT County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bays hore/G ateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart ❑ I Other: ❑ Other: FEE REQUIREMENTS [N Pre -Application Meeting: $500.00 (Applications submitted 9 months or more after the date of the last pre -application meeting shall not be credited towards application fees and a new pre -application meeting will be required) PS Rezone Petition (regular): $6,000.00 plus $25.00 an acre (or fraction thereof) o Additional Fee for 5" and subsequent reviews: 20% of original fee P3 Comprehensive Planning Consistency Review: $750.00 ❑ Listed/Protected Species Survey: $1,000.00 9 Estimated Legal Advertising: o CCPC- $1,125.00 o BCC- $500.00 IH Transportation Fee: o Methodology Review: $500.00 (Additional fees to be determined at Methodology meeting) ❑ School Concurrency Review: If required, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/ wner Signature Robert J. Mulhere, FAICP, President/CEO Applicant/Owner Name (please print) -DZZ Date 09/28/217 Page 8 of 8 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S). PL-2021 1, &t+ —SAIL "enay, (print name), as (title, If applicable) of _Sisr—sill 'ramieLCC (company, If a licable), swear or affirm under oath, that I am the (choose one) owner0 applicantQcontract purchaserLiand that: 1, I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3, 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. b. Well authorize PAULA M. C. MCMICHAEL, AICPP,, VPP a RCBERT J, MULHERE, FACIP, PRES, to act a5 our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • if the applicant is a corporation, then it is usually executed by the core. pres. or v. pres, • If the applicant Is a Limited Liability Company (L.L.C,) or Limited Company (L.C,), then the documents should typically be signed by the Company's "Managing Member, " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant Is a trust, then they must Include the trustee's name and the words "as trustee", • In each Instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. Signature Date STATE FLORIDA COUNTY OF CDl}t E Br6W trd ThG foregoing 'nstrument was acknowieged before me by means ofXU physical presence or © online notarization this day of ar , 2022--, by (printed name of owner orIlfler) Such person(s) Notary Public must check applicable box: Are personally known to me [� Has produced a current drivers license © Has produced as Identification. Notary Signature; CP\08-COA-00115\155 REV 3/4/2020 y Notary Public Stale of Plorlde Mark Bergquist My CommisaioP HH 097166 Explrei'07124120a5 STOR-ALL STORAGE REZONE (PL-20210002658) PROPERTY OWNERSHIP DISCLOSURE FORM COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coil1ergov.net Co Y County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the I01 ra] ercentage or sucn interesi: Name and Address % of Ownership N/A If the property is owned by a CORPORATION, list the officers and stockholders and the 'CI I.CIIItlraC UI JLUI.K UWIICu Uy uclull. Name and Address % of Ownership N/A If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the lercentage of interest: Name and Address % of Ownership N/A Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net e f 9. Co Y County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership Stor-All Tamiami Trail, LLC, 141 SE 1st Street, Deerfield Bch, FL 33441 *PS Florida One, Inc., 701 Western Ave., Glendale, CA 91201 (MGRM) 85% **Stor-All Renaissance, LLC 15% *Publicly traded company; ** Jeff Anderson 50% & Larry Anderson 50% If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the C '111L.CI J, JLU[-l',I IU1UCI J, UCI ICI MdI [Ub, UI Pd[LF ItIS.- Na me and Address % of Ownership N/A Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of I IL.CI ), II a L.VI PU1 dLIL/III PCl1 LI ICI JI H P I 111 Lf UJL. Name and Address N/A Date subject property acquired 12/6/2019 0 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Cot ter County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package, I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 E , ..� 7-27-2022 Agent/Owner Signature Date Paula N.C. McMichael, AICP, VP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 STOR-ALL STORAGE REZONE (PL-20210002658) AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) AFFIDAVIT OF AUTHORIZATION PL-20210002658 I, &t+ ` Ah "en&N print name), as (title, if applicable) of S+xr-All Trtwlta�rsi rai LCC. (company, If a plicable), swear or affirm under oath, that I am the (choose one) owner0applicant =contract purchaser"and that: 1, 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 55. Well authorize PAULA M. C. MCMICHAEL, AICP, VP & ROBERT J, MULHERE, FACIP, PRES, to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE��FLORIDA COUNTY OF EW Brdtl OA TheL foregoing Instrument was acknowleged before me by means ofX physical presence or 0 online notarization this day of av 20ZZ by (printed name of owner orlifier) Such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license Has produced as Identification. Notary Signature; CPW&COA-00 1 15\1 55 REV 3/412020 +P Notary Public State of Florida Mark Bergquist K r My Commission HH 097166 aM1 M1Expire602124/2028' CERTIFICATE OF THE MEMBERS OF STOR-ALL TAMIAMI TRAIL, LLC The undersigned, Nathaniel A. Vitan, hereby certifies that he is the duly elected, qualified and acting Secretary of PS Florida One, Inc., a Delaware corporation ("PS"), with access to the books and records of PS, and its affiliates. The undersigned, Jeffrey M. Anderson, hereby certifies that he is the Manager of JMA Family Investments, LLC, which is the Manager of Stor-All Renaissance LLC, which is the Manager of Stor-AlI Tamiami Trail, LLC, a Florida limited liability company ("Stor-All"), with access to the books and records of Stor-All and its affiliates. The undersigned hereby certify on behalf of their respective entities that: l . Stor-All Tamiami Trail, LLC, a Delaware limited liability company (the "Company"), is the owner of record of that certain property located at 13100 Tamiami Trail, Naples, FL (the "Property"). 2. Pursuant to that certain Limited Liability Company Agreement of the Company dated November 6, 2017 (as may have been amended, the "LLC Agreement"): (i) PS and Stor-All are the Members of the Company; (ii) PS is the Manager of the Company and, as Manager, is authorized and empowered to act on behalf of the Company; and (iii) Stor-All may exercise the power and authority of Manager of the Company solely for certain limited purposes relating to the entitlement and development of the Property, and is authorized and empowered to act on behalf of the Company in such capacity. Subject to the terms and conditions of the LLC Agreement, any one of (a) Bert John Anderson (a/k/a John Anderson), Jeffrey Anderson or Larry Anderson, on behalf of Stor-All, in its capacity as Manager of the Company for the limited purposes described above, or (b) Andres Friedman, Sharon Linder or Joseph Tomlinson, on behalf of PS, in its capacity as Manager of the Company, is, acting alone, authorized to execute and deliver any and all documents reasonably required by the City, County or State where the Property is located (or any of their respective departments or political subdivisions) in connection with the entitlement and development of the Property as a self -storage facility, including: all applications, pre -application submittals, permits, notices (including commencement and completion notices), letters, authorizations (including letters of authorization), easements, dedications, covenants, declarations, agreements, bonds, certificates, and such other related or similar municipal, county or state documents or forms required in connection with the foregoing purposes. 4. This certificate remains in effect until a notice or certificate of revocation is issued. -remainder of page intentionally blank,- signature page follows - PS #00121— 13100 Tamiami Trail, Naples, Florida Page] of 3 IN WITNESS WHEREOF, the undersigned have signed this certificate on this �fhday of March, 2022. Nathaniel A. Vitan Secretary of PS Florida One, Inc. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) S.S. On MarCh h U2,2, , before me, Sarah You, a Notary Public in and for said County and State, personally appeared, Nathaniel A. Vitan, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sarne in his authorized capacity, and that by his signature on the instrument, such person, or the entity upon behalf of which such person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: -signatures continue next page- PS #00121— 13100 Tamiami Trail, Naples, Florida Page 2 of 3 sa you _ �i ' j,� N�ury Puclic -California Los A.jC,es County s` f `i Cocvniss-icn = 2305642 — ,� My Coma. Expires Sep 28, 2023 (Notary Seal) Jeffrey M. Anderson Manager of JMA Family Investments, LLC, the manager of Stor-All Renaissance LLC, the manager of SAR Tamiami Trail, LC STATE OF FL RIDA II COUNTY OF 1rVWa.fd The foregoing instrument was acknowledged before me by means of I�J physical presence or ❑ online notarization, this day of A , 2020, by Jeffrey M. Anderson, as Manager of JMA Family Investments, LLC, a Florida limited liability company, on behalf of the entity, who is either [ ] personally known to me or who [ ] produced (type of identification) as iden— tifcation. Notary Public State of Florida Mark Bergquist My Commission HH WIN R Expires 02/24/2025 Notary Public: %k &iwi Print Name: Mark I, O go4i � My Commission Expires: �tj 24 2 Personally Known (OR) Produced Identification Type of identification produced PS #00121— 13100 Tamiami Trail, Naples, Florida Page 3 of 3 STOR-ALL STORAGE REZONE (PL-20210002658) SPECIAL WARRANTY DEED INSTR 5801375 OR 5704 PG 1692 E-RECORDED 12/10/2019 2:08 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $15,050.00 REC $44.00 CONS $2,150,000.00 This Instrument prepared by: Mark K. Somerstein, Esq. Greenspoon Marder LLP 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, Florida 33301 THIS INDENTURE-,=rria, ' effective this _�_ day of Cep , 2019 by ROOK AT NAPLES II, LLC, a Florida lirni d liability company, having an address at 4828 Ashford Dunwoody Road, Suite 400, Atlanta, Georgia 3'38 (hereinafter called the "Grantor"), in favor of STOR-ALL TAMIAMI TRAIL, LLC, a Delaw re�lfr ited liability company, having an address at 141 SE 1st Street, Deerfield Beach, Florida 3344.1`(�!�-rreinafter called the "Grantee"). (Wherever used here r}� th'e,,;ferms "grantor' and "grantee" shall include singular and pI rat`he7tpl'i-legal representatives and assigns of individuals, and the sucessbr and assigns of corporations, wherever the context so admit sr uires) WITNES�5,;rH: THAT GRANTOR, for and in consideration of ; e SUm of Ten Dollars ($10.00), and other good and valuable consideration to Grantor in an pard byaGrantee, receipt of which is hereby acknowledged, has granted, bargained and sold to Grant, d Grantee's heirs, successors and assigns forever, the following described land, situate, lying "a"nd being in Florida, to wit: See Exhibit "A" attached hereto and made a part-hpre9f ("Property"). SUBJECT TO: (i) Taxes and assessments for the year20.19 arld subsequent years; (ii) zoning, restrictions, prohibitions, and other requirements impped b governmental authority without intent to reimpose same; (iii) restrictions and mattr9. pearing on the Plat or otherwise common to the subdivision; (iv) public utility easement Co. re ord; and (v) those matters set forth on Exhibit B attached hereto without serving to rerm�o e same. TOGETHER WITH all the tenements, hereditaments and appurtenarbs thereto belonging or in otherwise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. 29552.0095 41855814.2 OR 5704 PG 1693 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence GRANTOR: ROOK AT NAPLES II, LLC, a Florida limited liability company STATE OF COUNTY OFCKA�C3 ) f I HEREBY CERTIFY that on this cfPy, aforesaid and in the County aforesaid to takE acknowledged before me byEM%I,'00 lkcridirfz, Florida limited liability company, who is p as WITNESS my hand and official seal in the Co ,L,f"P rAb V- 2019. ni N My Commission Expires �i1101 P WZ441, s . ..�� ■fir • r �:. L�JiL� ' me, an officer duly authorized in the State Nledgm nts, the foregoing instrument was Bwr°Z �f ROOK AT NAPLES II, LLC, a y known to me or who has produced ors GRANTOR(S) SIGNATURE PAGE 29552.0095 41855814.2 lasjAfdresaid this �o - day of of Notary Public OR 5704 PG 1694 EXHIBIT "A" LEGAL DESCRIPTION PARCELI: Being a parcel •of lafid lying in the North 1/2 of Section 3, Township 51 South, Range 26 East, Collier County, Florid , iA'more particularly described as follows: COMMENCE at the. S.du hwesterly most corner of those certain lands described as "Parcel 4" and recorded in Officiar° _ ' rds`Book 4380, Page 3511, of the Public Records of Collier County, Florida, the same being the Southei"teAy most corner of those certain lands described as "Parcel 117FEE" and recorded in Official Records Book 4901, Page 28, of said Public Records; thence North 35134'22" East, along the Northwesterly line of yasf f said lands, a distance of 10.00 feet to Northwesterly most corner of said "Parcel 117Fee" anti tlii ' OINT OF BEGINNING of the parcel of land herein described; thence continue North 3513412-V East, along the boundary of said "Parcel 4", a distance of 390.00 feet to the most Northwesterly cornerrf; said "Parcel 4"; thence South 54125'38" East, along the Northeasterly boundaries of "Parcel,,Ft'' "°Parcel 3" and "Phase 2 Remainder", all of said Official Records Book 4380, Page 3511, a diste of 896.00 feet to the most Northeasterly corner of said "Phase 2 Remainder"; thence South 35 4' 'Nest, along the Southeasterly boundary of said "Phase 2 Remainder", a distance of 400.00 feet t4 toullheasterly most corner of said "Phase 2 Remainder"; thence North 54125138" West, along the S tl wisferly boundaries of said "Phase 2 Remainder" and said "Parcel 3", a distance of 524.21 feet t thi outheasterly most corner of those certain lands described as "Parcel 118FEE" and recorded in U( icial Records Book 4901, Page 28, of said Public Records; thence North 35135142" East, along the: S asterly boundary of said "Parcel 118FEE", a distance of 10.00 feet to the most Northeaster y,eot 0r�.of said "Parcel 118FEE"; thence North 54125'38" West, along the Northeasterly boundaries of sa* Parcel 118FEE" and "Parcel 117FEE11, a distance of 371.79 feet to the POINT OF BEGINNING • `. Together with all of Owner's right, title and interest insa# 0 hat certain Reciprocal Easement Agreement dated July 3, 2008 and recorded July 7, 2008 in O M601 Records Book 4376, Page 402, of the Public Records of Collier County, Florida. and t Together with those certain perpetual easements for access, drainage and filities pursuant to that certain Declaration for Covenants, Restrictions, and Easements for HoIIi �-ent&laza, as recorded in Official Records Book 5090, Page 2911, of the Public Records of Collier 616' ty,� orida. .:4• 29552.0095 41855814.2 OR 5704 PG 1695 EXHIBIT "B" 1. Easements to Florida Power & Light Company establishing ten foot wide easements for overhead and underground electrical utility facilities recorded in Official Records Book 4306, Page 397, of the Public Records of Collier County, Florida. 2. Contribu �OePAIIjd eement between Southern Development Company, Inc., and The Board of �County Cioners of Collier County, Florida, recorded in Official Records Book 3468, Page 2331,of )Records of Collier County, Florida, under which the County agreed to contribute try `tire°4048"ction and installation of certain upsized regional water system facilities. 3. Conservation Easeri't to Collier County for the use and maintenance of a conservation easement recorded in Offici 1 Records Book 3989, Page 591, of the Public Records of Collier County, Florida. 4. Terms and Conditions of"Repiprosal Easement Agreement with CNM Enterprises, LLC, recorded in Official Records Book 43'$I%Je 402, of the Public Records of Collier County, Florida. 5. Joint Operation, Maintenance, :A�� ent Agreement recorded in Official Records Book 4980, Page 706, of the Public RecordQ;P'bliiehCounty, Florida. 6. Resolution No. 2013-183 and No. 20l'3JI94;;r orded in Official Records Book 4965, Page 1660, ,�. of the Public Records of Collier Couri ;Florf&. 7. Notice of Environmental Resource Or Surf4e Water, Management Permit recorded in Official Records Book 4630, Page 3211, of the Publicec%s; f Collier County, Florida. 8. Resolution No. 2014-140 recorded in Official R'oes'lok 5052, Page 3941, of the Public Records of Collier County, Florida. 9. Terms and Conditions of Declaration for Covenants, Restxi ons, and Easements for Home Center Plaza, as recorded in Official Records Book 5090, Page`291, , of the Public Records of Collier County, Florida, which contain provisions charges 10. Terms and conditions of any existing unrecorded lease(s), and alli- i Wlessee(s) and any parties claiming through the lessee(s) under the lease(s). 11. Notice of Environmental Resource Permit between South Florida 'Water - nagement District (SFWMD) and Stor-All Naples as recorded in Official Records Book! Pa 25, of the Public Records of Collier County, Florida. 12. Survey prepared by Michael W. Solitro, PLS No. 4458 of Republic National on behalf of Cresurveys, dated under Job Number 191012, reveals the following: (i) Backflow Preventor located on Southwesterly property line; (ii) Parking Area crosses onto Southeasterly portion of subject property; (iii) Storm Manhole sits on and outside Southeasterly property line and within Easement parcel; (iv) Overhead Utility Lines and Utility Poles located Northerly of the Northeasterly property line; (v) Curb Cut and Gate encroach outside Southwesterly property line into Easement parcels; and 29552.0095 41855814.2 *** OR 5704 PG 1696 *** (vi) Various Drainage Inlets, Electric Boxes, Storm Manholes and Signage located within Easement area. 29552.0095 41855814.2 STOR-ALL STORAGE REZONE (PL-20210002658) PROJECT NARRATIVE & JUSTIFICATION Stor-All Rezone Project Narrative and Justification (PL-20210002658) Introduction This is a request to rezone the subject property from the C-3 Zoning District to the C-5 Zoning District to permit the full range of C-4 uses and, on Lot 2 only, a self -storage facility (motor freight transportation and warehousing, indoor air-conditioned only, SIC 4225). Background The subject site is approximately 5.98 acres in size and located on the north side of Tamiami Trail East, approximately 500 feet east of the intersection of Tamiami Trail East and Collier Blvd., and within Section 3, Township 51 South, Range 26 East, in Collier County, Florida. The subject site was rezoned in 2005 from Ag/C-2-ST to the C-3 Zoning District (Ord. 05-35). In 2014, the site was approved for a Conditional Use Application (Res. 2014-140) to permit food stores with greater than 5,000 square feet of gross floor area in the principal structure; permitted food service with more than 6,000 square feet of gross floor area in the principal structure; and permitted personal services with more than 5,000 square feet of gross floor area. The approved Conditional Uses was ultimately not developed. The site also has an approved Site Development Plan that demonstrates the required preserve and existing conservation easement (OR 3989, Pages 591-596) that provides 1.68 acres of preserve. The proposed rezone seeks to change the zoning designation of the subject property from the C-3 zoning district to the C-5 zoning district. The rezone request provides a Conditions of Approval (Exhibit A) which limits the list of permitted C-5 uses to all uses within the C-4 zoning district, and mini -self storage warehousing (motor freight transportation and warehousing, indoor air- conditioned only, SIC 4225, only Lot 2 only. Adjacent to the east of the subject site is an existing indoor self -storage warehouse, under the same ownership, that was constructed after a similar rezone request was approved (Ord. 2019-05), also with specific conditions of approval. Due to the population increase and the demand for self - storage in this location, the proposed rezone to the C-5 district will permit a necessary expansion of the self -storage facility adjacent to lot 2, as shown on the Conceptual Site Plan. The remaining lot (lot 3) of the subject site includes a recorded conservation easement that is approximately one acre. The remaining area of lot 3, approximately one acre, it is estimated to accommodate approximately 4,500 square feet of buildable area for a permitted C-4 use, excluding those uses specifically identified in Exhibit A — Conditions of Approval. Page 1 of 3 H:\2021\2021115\WP\2nd Resubmittal\Narrative and FLUE Justification (rev 11-14-2022).doex Adjacent Zoning Direction Zoning FLUE Land Use Subject Property C-3 Urban — Mixed Use Vacant Activity Center # 18 North PUD Urban — Mixed Use Residential Activity Center #18 South CPUD Urban — Mixed Use Tamiami Trail E. / Activity Center #18 Commercial Shopping Center East C-5 Urban Residential — Storage and Mixed Use Activity Warehousing Center # 18 West C-3 ST Urban — Mixed Use Phannacy/Convenience Activity Center #18 Store Consistency with the Future Land Use Element (FLUE) Objective 5: Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. The proposed rezone is consistent with this FLUE objective. The subject site has received subdivision plat approval and contains a conservation easement (OR. 3989, Pages 591-596) that designates a preserve area of approximately 1.68 acres and will not impact environmentally sensitive lands nor habitat for listed species. The rezone from C-3 to C-5 is compatible with the surrounding area, as it is located within the Activity Center #18, and is located adjacent to an existing parcel that is zoned C-5. Policy 5.3: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity Page 2 of 3 H:A2021\2021115\WP\2nd Resubmittal\Narrative and FLUE Justification (rev 11-14-2022).docx of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. C. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. The proposed rezone is consistent with the Growth Management Plan and as such, provisions a.- e. above do not apply. Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. To be determined by the Board of County Commissioners. Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed request to rezone the subject property from the C-3 zoning district to the C-5 zoning district is compatible with, and complementary to, the surrounding land uses. The site is located within the Mixed Use Activity Center 418, where commercial uses are encouraged to be concentrated. The surrounding land uses, also within the Mixed Use Activity Center, include uses that are permitted within the C-3, C-4, and C-5 zoning districts. Page 3 of 3 H:A2021\2021115\WP\2nd Resubmittal\Narrative and FLUE Justification (rev 11-14-2022).docx STOR-ALL STORAGE REZONE (PL-20210002658) AERIAL r .dLOSI 'LZOZ W' WY 6MP'Mld MV 5I1'IeW STOR-ALL STORAGE REZONE (PL-20210002658) ADDRESSING CHECKLIST GO Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 A®®ItESSING CHECKLIST r ` f Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) Fm� RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy oflengthy description maybe attached) Section 3, Township 51 S, Range 26E FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00725960001 and 00726040001 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (forexisting projects/sites only) SDP_- or AR or PL # Rev. 6/9/2017 Page 1 of 2 C ote,-r C014"ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: 0 Email ❑ Fax ❑ Personally picked up Applicant Name: Paula McMichael, AICP, V. President, Stephanie Karol, Permitting Coord/Hole Montes, Inc. Phone: 239-254-2018 Email/Fax: stephaniekarol@hmeng.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00725960001 Folio Number 00726040001 Folio Number Folio Number Folio Number Folio Number �+ Approved by:a r" Date: 11/02/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 STOR-ALL STORAGE REZONE (PL-20210002658) REZONE CRITERIA STOR-ALL REZONE CRITERIA 10.02.08.F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08.E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed rezone of the subject property from the C-3 zoning district to the C-5 zoning district is consistent with the goals, objectives, policies, future land use map, and the elements of the Growth Management Plan. The subject property is located within the Mixed Use Activity Center subdistrict, where the concentration of commercial uses is encouraged. No amendment to the GMP is required for this proposed rezone. 2. The existing land use pattern. The proposed rezone will not affect the existing land use pattern. The existing land use pattern within the Activity Center, which is a mixture of C-3 through C-5 zoning districts, and PUDs that permit C-1 through C-5 land uses. Lands abutting directly to the southeast of this subject parcel holds an existing zoning designation of C-5. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This rezoning will not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions in the neighborhood. Existing boundaries were not illogically drawn in relation to existing conditions in the neighborhood. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. This site is located in close proximity to major collector/ roadways (C.R. 951 and U.S. 41) and is within the Mixed Use Activity Center #18 thus providing a suitable location for a concentration of commercial uses. The current zoning of C-3 does not permit as wide a range of commercial uses that would be anticipated within an Activity Center. The proposed amendment is not necessarily a result of changing conditions but provides for additional C-5 zoning that can permit a wider range of uses. Page 1 of 8 H:\2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood. Development standards will ensure compatibility with neighboring properties. The residential development to the north will be adequately screened from the proposed commercial development by an existing wall, landscape buffers, a drainage easement and a conservation easement/preserve that act as an additional buffer. Based on the existing conservation easement and drainage easement, identified on the approved SDP, there will be no development within approximately 200 feet of the north property line, where there is adjacent residential development. 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 requested change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses or otherwise affect public safety. The site is currently zoned C-3 which permits uses such as general retail, medical offices, professional offices, and fast food and restaurant establishments, which are uses that generally have a higher trip generation. The rezone will not increase the trip generation from the currently allowed uses. A majority of the rezone property is proposed to be developed into a self -storage facility, which has minimal trip generation. Further, the rezone site contains a significant portion of conservation easement area, which limits the amount of area that can be developed on the remaining parcel. 8. Whether the proposed change will create a drainage problem. The site is designed to meet all County and SFWMD requirements. No drainage problems will be created. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The current zoning designation permits a maximum building height of 50 feet, the proposed rezone to the C-5 district permits a maximum height of 35 feet. The proposed rezone will not impact light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change will not adversely affect property values in the adjacent area. Page 2 of 8 HA2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There are no substantial reasons why the property cannot be used in accordance with existing zoning. The current zoning designation of C-3 permits intermediate types of commercial uses. As the subject property is located along a major intersection (C.R. 951 and US 41), and has remained vacant, this rezone presents an opportunity to develop the property in an area where the concentration of commercial uses is encouraged. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to rind other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for the proposed use in districts already permitting such use; however, the proposed development is the highest and best use of this property as it is adjacent to existing commercial (specifically existing C-5 zoning), allows the expansion of the same self -storage facility use that is adjacent to the site, and has direct access to U.S. 41 (a principal arterial roadway). 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. 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 is typical of, and not different from, any other similar development in Collier County. Page 3 of 8 H:A2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx 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 Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There is 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, to serve the project. 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. Additional factors to consider during review of a rezone petition for a project, or portion thereof, within an activity center are as follows: 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 minimum requirements for rezoning in the LDC. The subject rezone is a standard rezone and meets the minimum requirements for rezoning within the LDC. Given the size of the subject property (less than 6 acres) and that the site is directly adjacent to an existing C-5 zoned parcel, a rezone to a PUD is not necessary. 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. Please see the attached Stor-All Rezone Zoning Map, and the table below, that demonstrates the developed and undeveloped areas, and the existing zoning within 2 miles of the Activity Center. Parcel Size Acres Zoning Land Use Building Square Footage Parcels along the S side of US 41 from Collier Blvd to the 2-mile marls to the West 77210280009/77210240007 2.46 C-5 Boat Sales/Repair 1,200 77210200005 0.80 C-5 Medical Office/Manufacturing 7,150 77210080005 2.41 C-5 Mini -Warehousing Self Storage 105,000 00446800107 0.92 C-5 Convenience/Gas Station 2,680 00447800009 4.17 C-3 Shopping Center 16,320 00447760000 1 2.46 1 C-3 Convenience/Gas Station 6,137 Page 4 of 8 HA2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).doex 00447840001 1.38 C-3 Office 3,124 00447640007 3.68 C-3 Office 38,000 00447560006 (12254 Tamiami Trail) 2.61 C-3 Medical Office/General Office 20,000 a roximate 00447040005 1.73 C-3 Medical Office/General Office 13,044 68480000125 1.65 CPUD Oil Change/Automotive Part Sales 7,394 68480000028 2.12 CPUD Convenience/Gas Station 6,181 68480000222 2.67 CPUD Shopping Center 19,676 00726960000 1.15 CPUD Bank 3,814 73550000024 1.12 CPUD Bank 4,411 00726360008 .55 C-4 Restaurant 4,313 25368002026 1.08 C-4 Convenience/Gas Station 2,980 25368000028 1.28 C-4 Convenience/Pharmacy 15,834 00726723001 9.69 C-4 Shopping Center 71,938 25368002589 13.38 C-4 Home Improvement Store 126.028 Parcels on the W side of Collier Blvd from US 41 to 2-mile mark to the South 00726720800 0.88 C-4 Fast Food 3,673 00724320008 8.82 C-3 Rookery Bay Education Center 12,400 00732200000 0.44 C-4 Oil Change/Automotive Part Sales 4,925 00742520000 3.60 C-5 Mini -Warehousing Self Storage/Boat Storage 69,900 Parcels on the E side of Collier Blvd from US 41 to 2-mile mark to the South 61570000045 2.15 C-4 Shopping Center 20,687 61570000061 3.13 C-4 Shopping Center 32,680 61570000126 7.93 C-4 Shopping Center 81,328 61570000142 1.34 C-4 Shopping Center 14,784 00736200271 1.24 C-4 Convenience/Gas Station 3,511 00734680000 1.55 C-4 Convenience/Gas Station 6,137 00731840005 1.46 C-4 Oil Change/Automotive Part Sales 12,800 00736200501 2.03 C-4 Car Wash 2,500 81076000066 1.05 PUD Gas Station 6,705 81076000040 28.36 PUD Department Store (Wa1Mart) 201,783 81076000082 1.73 PUD Shopping Center 12,624 76400000100 1.0 PUD Supermarket 19,200 76400000061 0.61 CPUD Medical Office 4,029 00724800007 0.95 C-4 Convenience/Gas Station 2,680 Parcels on the S side of US 41 from Collier Blvd to 2-mile mark to the East 76400000045 1.41 CPUD Fast Food Restaurant 12,029 76400000029 20.58 CPUD Shopping Center 1122,201 Parcels on the N side of US 41 from Collier Blvd to 2-mile mark to the East 00726725009 2.07 1 C-3 I Convenience/Pharmacy 14,308 Page 5 of 8 H:\2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx 00726727007 2.21 C-5 Mini -Warehousing Self Storage 105,000 00726726008 2.95 C-5 Tractor Supply 22,908 00726000009 3.02 C-5 Lumber Yard/Misc. Office 38,750 00726440009 2.04 C-4 Lumber Yard/Misc. Office 14,210 Parcels on the E Side of Collier Blvd from US 41 to 2-mile mark to the North 00724560004 3.62 PUD Mini -Warehousing Self Storage 68,000 Parcels on the W Side of Collier Blvd from US 41 to 2-Mile Mark to the North 69330000025 1.56 PUD Restaurant 7,577 69330000041 1.09 PUD Restaurant 5,464 69330000083 1.20 PUD Fast Food Restaurant 3,739 69330000106 1.26 PUD Fast Food Restaurant/Retail 6,433 69330000122 0.80 PUD Shopping Center 5,777 00438680209 8.8 PUD Shopping Center 65,000 Parcels along the N side of US 41 from Collier Blvd to the 2-mile mark to the West 25910000751 2.36 PUD Hotel 72,287 34520001005 22.23 PUD Shopping Center 84,947 55425004005 1.19 PUD Bank 3,523 00726640003 1.01 PUD Fast Food Restaurant 3,358 34520001403 1.15 PUD Bank 3,801 34520001306 1.28 PUD Restaurant 6,407 34520001209 0.88 PUD Bank 3,900 34520001102 1.0 PUD Fast Food Restaurant 3,543 55425001105 0.90 PUD Bank 4,264 77510401041 0.25 PUD Restaurant 6,260 77510402147 0.70 PUD Retail 5,998 77510402121 6.45 PUD Retail 55,048 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. The rezone request proposes a general rezone from C-3 to the C-5 zoning district, and provides for one specific use to be developed, which is the self -storage warehousing use, and the remaining parcel would be eligible for other C-5 uses. The property owner of the subject property owns the parcel to the east, where there is an existing self - storage warehouse of approximately 94,000 square feet. As the property owner is seeking the development of another self -storage facility, directly adjacent to the existing facility, this is indication that the market would support such a use. The service area for this type of use is 3 miles. Within 3 miles of the subject site, there are four self -storage facilities (in addition to the existing self -storage facility adjacent to the subject site): Page 6 of 8 HA2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx • Cube Smart: Located approximately 2.4 miles from the subject site with approximately 78,000 square feet of outdoor, garage like self -storage buildings; • Lifesmart: Located approximately 2.6 miles from the subject site with approximately 91,000 square feet of indoor self -storage; • Midgard: Located approximately 2.1 miles from the subject site with 67,500 square feet outdoor, garage like storage self -storage buildings and an outdoor storage area for up to 50 boats; and • Midgard: Located approximately .25 mile from the subject site with approximately 155,800 square feet of outdoor, garage like storage self -storage buildings. d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. The existing land use patterns within the Mixed Use Activity Center include a mix of approved C-3 — C-5 zoning, Planned Unit Developments that permit a range commercial uses, and one residentially zoned parcel that contains a Master Pump Station. Within two radial miles of the Mixed Use Activity Center the land use pattern presents commercial zoning along the major roadways (U.S. 41 and C.R. 951) with residential uses behind the commercial areas. e. Adequacy of infrastructure capacity, particularly roads. The subject property is serviced by adequate public facilities and has an existing access off U.S. 41. f. Compatibility of the proposed development within and adequacy of buffering for, adjoining properties. The proposed development is compatible with the adjoining properties and will have adequate landscape buffers consistent with the requirements of LDC Section 4.06.00. Additionally, there is an existing wall and an existing conservation area/preserve in the rear of property, separating the proposed development with the adjacent residential area. g. Natural or man-made constraints. There are no natural or man-made constraints to the subject site that would prevent the rezoning. h. Rezoning criteria identified in the Land Development Code. Page 7 of 8 H:A2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx All rezoning criteria identified in the LDC has been addressed. i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. The proposed development will adhere to all requirements of the LDC. j. Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and site plan/master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadways, location of traffic signals on the abutting roadways, and internal and external vehicular and pedestrian interconnections. Coordinated traffic flow on -site and off -site has been demonstrated by the Traffic Impact Analysis. There is an existing turn lane to the subject property from U.S. 41 with shared access to the property to the east. k. Interconnections for pedestrians, bicycles and motor vehicles with existing and future abutting projects. The subject site will provide for an interconnection to the abutting property to the east, with a connecting sidewalk from U.S. 41 to the subject site. 1. Conformance with the architectural design standards as identified in the Land Development Code. The development will be required to adhere to all LDC required architectural design standards, as no deviations to these standards are being requested. Page 8 of 8 HA2021\2021115\WP\2nd Resubmittal\Rezone Criteria (rev 11-14-2022).docx STOR-ALL STORAGE REZONE (PL-20210002658) ZONING MAP STOR-ALL STORAGE REZONE (PL-20210002658) EMAIL FROM RAY BELLOWS W/SURVEY Stephanie Karol From: BellowsRay <Ray.Bellows@colliercountyfl.gov> Sent: Tuesday, February 15, 2022 4:46 PM To: Ellen Summers Cc: CastroGabriela; Stephanie Karol Subject: FW: PL20210002658 - Boundary Survey Attachments: 20238 FINAL Survey 05-03-21 ES.pdf Hi Ellen, I have reviewed an and approved your request for a waiver from the 6-month old survey requirement and will accept the attached survey. Respectfully, R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 C; tr Cou-hty Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.al/eXAvgT. From: Ellen Summers <EIIenSummers@hmeng.com> Sent: Tuesday, February 15, 2022 4:41 PM To: CastroGabriela <Gabriela.Castro@colliercountyfl.gov> Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Stephanie Karol <StephanieKarol@hmeng.com> Subject: PL20210002658 - Boundary Survey EXTERNAL EMAIL: This email is from am,external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links, Good Afternoon, We are preparing our submittal for the Stor-All Rezone and are seeking a waiver of the 6-month old survey requirement. The attached survey is about 9 months old and is digitally signed. The subject site has not changed since the survey completion and is consistent with previously approved SDPs for the site. Please let me know if this will suffice. Thank you! Ellen Summers, AICP Senior Planner i M"� II OLEO+ ONTE 6'i':�L394WAFf2(��CS7ICSIKMM4F(l�liBfC'�: 950 Encore Way, Suite 200 Naples, FL 34110 Main 239-254-2000 Direct 239-254-2016 Fax 239-254-2099 c\cgiS�te of CerrSe aq AICP CERTIFIED Both Ellen Summers and Hole Montes, Inc., intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please notify Hole Montes immediately at info@hmeng.com or call (239) 254-2000, and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. 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( 1' 1' Ili: • °Ilniii ? •� I ' / III pit ZA AM P1 Ir a� X`7 i IV d i!! 1 �IIO� •oesPPi2!•+Ilvxa••eo0••.a••••d iii' at, ♦ ♦ !i 73 1 � � kgg ! ! p g l a ,Mt fill Ya�°�.g 1�9 YY 1111 oil im R YY 1 8 g g ba a 33@agaj�.{gp4� 181� Ips a jA a WWI M; d; Ej �1�{ppej�pp�'3p�gg9$�j p�piay 11 11 ggp3 ��� agggjg nY44kj■ � 3Ya`R iA� ipa l��o++F STOR-ALL STORAGE REZONE (PL-20210002658) TRAFFIC IMPACT STATEMENT DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT STOR-ALL Rezone - Inland Village (Tamiami Trail East, Collier County, Florida) February 18, 2022 Revised July 21, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee = $1,500.00 Prepared by: JMBTRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION No. 27830 (JMB PROJECT No. 2113820) NAMES FLORIC DocuSigned by: E519D679D23E47F... `��illllll/// 'ENS 041 F :s Na. 43g6� �*•„� J• Z a Z Z BA ss, P.E * o�—: =E ��0�. ,c�.OR�O..��� DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 TABLE OF CONTENTS Conclusions 3 Methodology 3 Scope of Project 4 Table A - Existing & Proposed Land Use - Scenario 1 4 Table B - Existing & Proposed Land Use - Scenario 2 4 Figure 1- Project Location & E+C Road Classification 4.1 Master Concept Plan 4.2 Project Generated Traffic 5 Table C - Net New Trips Generated - Scenario 1 5 Table D - Net New Trips Generated - Scenario 2 5 Table lA - Proposed Land Use Trips Computations (Scenario 1) 5.1 Table 1B - Proposed Land Use Trips Computations (Scenario 2) 5.1 Existing + Committed Road Network 6 Project Traffic Distribution 6 Area of Significant Impact 6 Figure 2 - Project Traffic Distribution 6.1 Table 2 - Area of Impact/Road Classification 6.2 2021 thru 2026 Project Build -out Traffic Conditions 7 Table 3 - 2021 & 2026 Link Volumes 7.1 Table 4 - 2026 Link Volumes/Capacity Analysis 7.2 Appendix — TIS Methodology 8 1 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Conclusions Based upon the findings of this report, it was determined that the request to rezone a small-scale commercial subdivision known as Inland Village from its current zoning C-3 to C-5, which will allow for self -storage land use and other less traffic -intense land uses, will not result in an increase in site -generated trips than previously anticipated. More specifically, the amendment to allow self -storage and other less traffic -intense land uses (if approved and developed) will displace more -intense commercial uses that may otherwise be developed on Lot 2 and Lot 3. It should be noted that Lot 1 of Inland Village was previously developed as a self -storage facility. It was also determined that the proposed self-storge use on Lot 2 (if rezoned and developed as such) and the potential for the most intense land use on Lot 3 (fast food w/ drive-thru), or alternatively, Lot 2 and Lot 3 were developed with the most intense land use (fast food w/ drive-thru), then the project will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the proj ect's area of impact, currently have a surplus of capacity and can accommodate the traffic associated with the planned 105,000 square feet of self -storage and the anticipated more -intense use for Lot 3 (i.e., fast food w/ drive thru). Furthermore, the report determined that all roadways, within the projecfs area of impact, currently have a surplus of capacity and can accommodate the traffic associated Lot 2 and Lot 3 being developed with the most traffic -intense land use (fast-food w/ drive thru). As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Because the potential development of Lots 2 and 3 will not cause any transportation deficiencies to occur, the Developer will not be required to fund any off -site roadway improvements/mitigation, other than the payment of road impact fees, which will be used to fund a portion of the costs of area -wide improvements as established by Collier County's CIE and Long -Range Transportation Plan (LRTP). More specifically, the Developer will be required to pay for the project's portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rata assessment towards the funding of area -wide transportation improvements in order to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle -miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the projects pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. Site Access Conditions Inland Village has one (1) shared right-in/out access on U.S. 41, as well as access to a shared right-in/out left -in median opening on U.S. 41 that is shared with other properties that are contiguous to the southeast. U.S. 41 is under the jurisdiction of the Florida Department of Transportation (FDOT). Right and left turn lanes were previously N DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 constructed at the two (2) points of shared access on U.S. 41 and it is expected that no further site access improvements are needed. Site access conditions will be evaluated at the time of seeking final development permits and are subject to review by the Florida Department of Transportation. Methodology On January 31, 2022, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The ,$500.00 methodology meeting fee will be paid at the time of submitting the zoning application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M11). 3 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Scope of Project Inland Village is a partially built -out commercial subdivision that is located on the north side of U.S. 41 and approximately 1,000 feet east of Collier Boulevard, within Collier County, Florida. The property is currently zoned C-3 and Lot 1 of the subdivision was previously developed with a self -storage facility. Lot 2 and Lot 3 are currently vacant, and it is proposed to rezone the property from C-3 to C-5 with the intention to develop a self -storage facility on Lot 2. Inland Village has one (1) shared right-in/out access on U.S. 41, as well as access to a shared right-in/out left -in median opening on U.S. 41 that is shared with other properties that are contiguous to the southeast. Right and left turn lanes were previously constructed at the two (2) points of shared access on U.S. 41 and no further site access improvements are needed. If rezoned to C-5, it is expected that Lot 2 will be developed with 105,000 square feet of self -storage space and Lot 3 may be developed with the most traffic -intense land use (fast-food w/ drive-thru) or some other less intense land use. However, the rezoning of the property would not preclude Lot 2 and Lot 3 from being developed with the most intense land uses. For that reason, this study evaluates a development Scenario 1 and the more intense development Scenario 2, as defined below. Table A Existing & Proposed Land Use - Scenario 1 Existing Land Use Proposed Land Use Size Self -Storage Lot 1 95,130 s.f. Self -Storage (Lot 2) 105,000 s.f. Fast -Food (Lot 3) 4,500 s.f. Table B Existing & Proposed Land Use - Scenario 2 Existing Land Use Proposed Land Use Size Self -Storage Lot 1 95,130 s.f. Fast -Food (Lot 2) 4,500 s.f. Fast -Food (Lot 3) 4,500 s.f. 4 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-EO84655F9C90 ----- Rattlesnake Hammock ---_— __------- I 'a I `K 1 op ' I V NORTH N.T.S. G s a, � o r Price Street m 0 o T a `IF v� off' T , `ro�i F IHenderson Creek Tower Road LEGEND 6-LANE ARTERIAL 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD — I TRANSPORTATION ENGINEERING, INC. a, Manatee Road \\ o I \\ 0 Q' o \ 0 o o x U I I I I STOR-ALL Rezone Project Location & FIGURE 'I January 31, 2022 Roadway Classification 4. DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 H Z w I— w Z � w tp w �ZN 0 00 LLJ rY > N Z w 0 II Oin z�w 7U0)Q wLco 0)a ZLLLU cr 0- - ONINOZ9-0 I I If I I w r------------ m I I to w r a M—r � juj I I w 3�a$I I z N 0,1� I �-S g �I z I O WWI LU Z K �C7 LtV � I RNF N o m >� oa I 1 a W two �I a I I ca 1 b w ; I 1 m "jl 1 I I w J r '�'I u aI Z W W I I I M zww I I I H i- a'0 I zl ��Q FY I I N�� zWes¢ WI 0U¢m A U) P- I I I i N U v 0 i N w m 0 0 I m J I I J o ONINOZ E-O �, I a I ^ l I m a w ZJ Paz U �aw a U W &OW OU to -wit ?zw ri ' '&P,% M Siam DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 1 lth Edition. That is, historical traffic data collected at similar land uses were relied upon in estimating the project's traffic. It was concluded that land use codes Mini - Warehouse (LUC 151— SIC code is 4225) and Fast Food Restaurant w/ Drive-Thru (LUC934 — SIC code 5812) were most appropriate in estimating the site -generated trips for development Scenario I and Scenario 2. As estimated, the project will generate 130 vph and 106 vph during the AM and PM peak hours, respectively for development Scenario I and will generate 240 vph and 179 vph during the AM and PM peak hours, respectively for development Scenario 2. Table C and Table D provide a summary of the trip generation computation results that are shown in Table IA (Scenario 1) and Table 1B (Scenario 2), respectively. Table C Net New Trips Generated - Scenario 1 Daily AM Peak Hour PM Peak Hour ADT (vph) (vph) New Trips 1,625 130 106 (Self -Storage & Fasst Food) Table D Net New Trips Generated - Scenario 2 Daily AM Peak Hour PM Peak Hour ADT h h New Trips 27945 240 179 (Two (2) Fast Food Restaurants) The report concludes that the project will generate more than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 TABLE 1A TRIP GENERATION COMPUTATIONS Stor-All Rezone Code Land Use Description Build Schedule 151 Mini -Warehouse 105,000 s.f. 934 Fast rood Restaurant w/ Drive Thru Window 4,500 s.f. Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 152 ADT AM Peak Hour (vph) = T = 0.09(X) = 9 vph 5 / 4 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) = T = 0.15(X) = 16 vph 8/8 4-6 PM 47% Enter/ 53% Exit = LUC 934 Daily Traffic (ADT) = T= 467.48(X) = 2,104 ADT AM Peak Hour (vph) = T= 44.61(X) = 201 vph 102 / 98 vph 51% Enter/ 49% Exit = PM Peak Hour (vph) = T= 33.03(X) = 149 vph 77 / 72 vph 52% Enter/ 48% Exit = Pass -by Trips per 1TE= 43% 30% Daily Pass -by Rate Per Collier County ADT = Pass -by = 30% ADT and 40% AM & PM 40% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 631 ADT Pass -by AM Peak Hour (vph) = 80 vph 40 / 40 vph Pass -by PM Peak Hour (vph) = 59 vph 30 / 29 vph New Daily Traffic (ADT) = 1,473 ADT New AM Peak Hour (vph) = 120 vph 62 / 58 vph New PM Peak Hour (vph) = 90 vph 47 / 43 vph TOTALS Daily Traffic (ADT) = AM Peak Hour (vph) = PM Peak Hour (vph) = 1,625 ADT 130 vph 67 / 63 vph 106 vph 55 / 51 vph 5'A DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 TABLE 1B TRIP GENERATION COMPUTATIONS Stor-All Rezone Code Land Use Description Build Schedule 934 Fast Food Restaurant w/ Drive Thru Window 9,000 s.f. Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 934 Daily Traffic (ADT) = T= 467.48(X) = 4,207 ADT AM Peak Hour (vph) = T= 44.61(X) = 401 vph 205 / 197 vph 51% Enter/ 49% Exit = PM Peak Hour (vph) = T= 33.03(X) = 297 vph 154 / 143 vph 52% Enter/ 48% Exit = Pass -by Trips per iTE= 43% 30% Daily Pass -by Rate Per Collier County ADT = Pass -by = 30% ADT and 40% AM & PM 40% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 1,262 ADT Pass -by AM Peak Hour (vph) = 161 vph 80 / 80 vph Pass -by PM Peak Hour (vph) = 119 vph 59 / 59 vph New Daily Traffic (ADT) = 2,945 ADT New AM Peak Hour (vph) = 240 vph 124 / 116 vph New PM Peak Hour (vph) = 179 vph 95 / 84 vph 5.2. DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's area of impact. There are no planned transportation improvements within the project's area of impact. Project Traffic Distribution The project's traffic was distributed to the surrounding roadway network based upon logical means of ingress/egress; current and future traffic patterns in the area, location of surrounding businesses and commercial centers, as well as recreational attractions. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage basis. Table 2 also depicts the project traffic assignment by volume for both development Scenario 1 and the most -intense development Scenario 2. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways for both development Scenario 1 and the most -intense development Scenario 2. Roads that were identified as being within the project's area of impact are shown in Table 2 for both development Scenario 1 and the most -intense development Scenario 2. 0 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 I I I S a / / N 209 � NORTH 1 coy �d \ N.T.S. Price Street N� LEGEND 6i— 5% ► Project Traffic Distribution by y / 3 N I `9 T I Two O) o I 0 of .T Henderson Creek Percentage Tower Road I JV1 TRANSPORTATION ENGINEERING, INC. I STOR-ALL Rezone January 31, 2022 Project Generated I FIGURE 2 Traffic Distribution 6.1 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 `m 4, m,0000 00000 EU Ezzzz zzzzz 0_ .n m 't �- I' (O d co 0 m It It r co It a) (D oooo aE0000 t�6 m £ C N N N N N N N N N V Y a o o) z z U) U) w w a z L +r f] L mx Y Cl) oo o(+)(p(O(•) CV) c CLa� 0 z d x w w w a`Yacncnzz CL Q °�x p •-vim <-�rrnr �r aL°-n. > ® U y 0 0 0 0 O O O O o 0 0 0 0 OL Lm 0 to O LO N N r- M N W a 1-o NNNr N LL- d c W Q U_ O 1 t E� =0000 0 0 0 0 0 0 0 0 0 00000 t... Q O> M M N N CO (7 M N I— W 0 a 7 Yco ZOlwwp❑ ww❑❑❑ CL a N c mI❑❑❑❑ ❑❑❑❑❑ 0 (O (0 (O Z' (D (o (O (o d m rW.U w w u) T" to V) O c CL �L c > � Q, c 1 0 O O ° a a z0 CL (> u O F- (1) .4) AD Q a L a 'm Y ~ ro E ? a) E .° ro � ro o CO o - � O �q a m F- o m ✓ m m (D 2 ro c m +� R0000 �zzzz in d m r) q- CO ZO ti ti r- a Eoc000 u � m 14 CL -.0- 0 0 0 N N N N N U a 0 oolzz(n(n CL z L p L -ry oaa CL c 0 z 0 (� L L_ aawwzz a rn c � m c x w w aIq co C* V� -99 L L mx'p sm gTmNr O Y Y c- 04 (LL0-a > 0000 O l O U') O (n d H o N N N r m c U O Y d � d i M 0 0 0 U) a 0 >c0`)(N')CV N O a ZOlww❑o a 0 m O M M O O M Uo(Dw ;t OOW00 zz}zz 0 0 0 0 0 co MLON0) (0 r. r 0 00N0- 0 0 0 0 0 N N N N N 3 3: 3: w w I-rrnu7� t- N (O N N w w w R �, ?,� rn"qr-rnIr �-N(0CIA N 00000 0 Ln O O Lr) N N I-- M N 0 0 0 0 0 0 0 0 0 0 O O r r 0 Cl) Cl) CV) ()N RNW-K.T.Ti1 T ro 'm H ro ui ro a O O N M d' to to m m m m m m DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 2021 thru 2026 Project Build -out Traffic Conditions In order to establish 2021 thru 2026 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor and annual growth rate were derived from the 2021 Collier County AUIR Report. Using the annual growth rate, the 2026 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2021 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2026 vested trips 'Y' background traffic volumes are depicted in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2026 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2021 thru 2026 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out for both development Scenario 1 and the most -intense development Scenario 2. f7 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 v w to a y 3 O C F ++ 7 a 04 = v o 'C M r r 00 N t� 00 00 M ti- N tU F. r O ti M C10 h. t0 O O t0 43 b N r1 V y> N N N N N r r r r IL IL IM CL L1 C M tD N H t0 t d' `Nd' N M M M M M (0 y b U) t W j O C �j D W tL = U p N M N N (O co ITCDN M cm N N Y M M cn O N N � Y to — .O- .O- o (L m t9 0. Z t m o 0 0 0 0 0 0 0 d 0 o fl �I 0 0 0 0 ¢ 00 0 0 0 Q :7 (V N N tV (V [V V tf V M J w w w w w QDQaolzzzz w to O N= rd N N N M M 000 N N a � ' ca r O E2 E � a s a own a °-� . m U to d° o f0 5 m~ o N N N c2 N M to O ca ro m@ m y 0 OC H f= U cn n rn v F- m ° E c o '- U W m � 0 M M M M m c�7 M M M O] �' DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 c > o cc O= N > to 0 0 u N caY COI❑❑w ❑UmmU c�,� COI❑❑w ❑UmmU N •� N D -� N •� m CL a m a a c L c 7 ,O'f. O O � 7 .2 O NO=N '(0000)MVV0 • O 41 N0 'O= x r CO Q] W r 0) O D M c0 to V M O V lr� N •7 m 0 V 0 0 0 0 0 0 0 0 a Yy N- m 0 v 0 0 0 O O O O O m as �1 > m a Y > IL a D j= _ o 0 0 0 0 0 0 o p o 0 0 0 0 0 0 0 Y L O N 10 0 0 O Y L O ON _ O O O O O a d> M M N M M M M N N a M> M M N M M M M N 3 > O=❑ > O=❑ m N N O -Y.Y C On OOD r L ItV OD aD -It N cM 61 V V N O Y Y L O CD O V V 0> O r M O M 00 V N •� d 0. > N N NN; m a N N N N T c- .-- (n m a m a JJ i' Q w a 0 zzcn 3: ww Ya a oo�zz� ���ww Z a` z z } O ; C3 e7 0 o M 2 Ck `;_ CLd U IL z z da a'nl(n (n z w w w a s o�U) cn z w w w Q Y UO � m W` Y❑ r O Y L Y 0 v r N s; _ .- .. .; rn V N N a_ a a > a CL a > w^ D j O C C T C j O C J w O:P = O.� O o Y C) OI ❑ 0 w ❑ U m m U p Y �_ QI ❑❑ w ❑ C.) m m U W > N d❑ V J N N❑ tY1 J i a a m ° a m Q Z m a ❑`-Iz z z wwwww m a oIz z z w w w w w H J } c 0 o o= Q c c �D = V M N N a0 M = v p D S O N G7 00 r Cfl r W r CO O O CO t0 N C) M N c0 r CO N r c0 r 0 O N M O t0 S O Y M= N 0 .K m > In IT�Y N N N M M V 'IT O Y �- m •C M 0 V> to et V N N N COM V' N r r - 0 a `.4 b ° Q a m a m OI ❑ ❑ ❑ ❑ U m m U OI ❑ ❑ ❑ ❑ U m m U c c o 0 04 = t! C C 0 0 0 M 0 0 0 0 0 m •- = v a 0 0 0 M 0 0 0 0 0 N Y C N N� > O N N N N r, (D to LO to W W CO C C1 O Y L C N 0 D O CV N N N tip 00 Ln to 00 W a s > a d w w w w Y ~ m m Y ~_ m CO C, m E a a, 2 ca (Dcc (n m E CP d) Ca7).2 N LO � o 0) 000 U 0) CL O m t= 0 8 0 O a x F Y 0° L m � c m �O J M > m M N 0 J .m rn rn 0 a m a`�i .m_ rn rn o Q > I'+ i m 0Y N m /R�i i. > E _� N N N Qi Fm- I` U (n ai O Ix I-- � ♦` U ( 5 C) 0 0 Cl) u❑ i)❑ — o a C o dcc Ym c a z° E E a m° CLu u Z, z0 rY° CL .2 0 '� E m F m m 4) V t: ~ U Ld (D ~ ~ U F- LLI > (D O m n O > 0 0 m O O N a- co M 0) m M 0)M O OM an. cn M ma m 0) 0) m DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 APPENDIX Support Documents DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY STOR-ALL Rezone (Tamiami Trail East, Collier County, Florida) January 31, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee = $1,500.00 Prepared by: % MB TRANSPORTATION EN131NEERING, INC. 471 1 7TH AVENUE aW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION NO. 27830 WMB PROJECT No. 21 OB201 660 .31�ZOZ2 DATE Mf DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 APPENDIX A IlyITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:1-31-2022 Time: Location: Collier County Government Offices (North Horseshoe Drive) People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) Study Preparer• Preparer's Name and Title: James M, Banks, P.E., President Organization: JMB Transportation Engineering_ Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s)• Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Stor-All Rezone Location: Northeast quadrant of Collier Blvd & U.S. 41 Land Use Type: Proposed Self -Storage on Lot 2 and existingzoning oning on Lot 3 allows retail medical office restaurant & fast food w/ drive-thru ITE Code #: Promsed LUC 151 on Lot 2 and existing zoning on Lot 3 allows LUC 720 814, 932 and 934 Proposed number of development units: 105,000 s.f. Self -Storage, and on Lot 3 no more than 7,000 s.f. of retail medical office restaurant or no more than 4,500 s.f. of fast-food w/ drive thru Other: Description: Zoning: Existing: Comprehensive plan recommendation: C1Uscis'imbssviDestrioplCOLLiERl210820 Sler-Aif RemneWe?hodoloyjReport.doc Mz DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Requested: Findings of the Preliminary Study: See the attached Study Tyne: Major TIS Study Area: Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2025 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 1 Oth Edition (Table 1) Reductions in Trip Generation Rates: Pass -by trips: None Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2026 per Collier County's 5-,year CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment (See Table 2) Traffic assignment method: Based upon manual assignment (See Table 2) Traffic growth rate: Per Collier County historical & current AUIR Reports, but not less than 2% or background or vested trips method, whichever is greater. C.IUserslMnhswlDeskleplCCLL1ER1210620 Stor-All Rezonatvlethodologpfteport.doc AA DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 Special Features: (fiom preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study —No Fee Minor Study - $750.00 Major Study - $1500.00 X Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant C.lUserspmbswlDesktoplCOLL1ERt270620 Slor-NI RetoneNletb000logyReport.doc MAr DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-EO84655F9C90 I _--Rattlesnake Hammock I ` I ' C01 � � I I t T� NORTH \ _ N.T.S. ` GS m of / o Price Street o ` 0 / N Henderson Creek Tower Road rim ` Manatee Road \\ 00 ( \ \ 0 �I o \ LEGEND 01 0 6—LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR ----- 2—LANE ARTERIAL , 2—LANE COLLECTOR/LOCAL RAIL �� ROAD NIYOTRANSPORTATION ENGINEERING, ING. STOR-ALL Rezone Project Location & Roadway Classification FIGURE 1 January 31, 2022 A c DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 z N z� d R Cw c a) Nv U Q U 4 N _ ao rn m o c( 0 lY tY N O M O H w In a V) a¢ > lO ¢ 1 } W �Lm� + > o �, m m `' O=rn z CL U) a Q W W a o I o 0 _ } ONINOZ S-0 ----- -------- 3 m I 3a a I W I LU � I a iI � I I 0. N �O a } CWrnI W i w mam W 09, I * OpFa- VQQJ I z> Olw'1 �N W dN� I fu 'o z w� �I I �I I LT T- I I W------ 1 m w 4 1 1 I I I b I I ' ^W !i I X w w :Iy '� WI z Li w ( I c) 7a�o?? 4 zww zi II wwO >>v r P(nl =II 3w Lz VJt mLU w ae w 1 \ ~� ------ J I o JNINOZ E-0 w Uco Ln a Q U U L6 C7 - U Z z of QOZNa� V W U Z U) a WO O M U)waa.. O -� dz UJ aa� Ali W '50 I i y if �i I I � wmr°i�m I I 1 II n c •r U) IT9 w w 0 O ( I1 a I' �W gsII 3' 44 � j I I -I J O I I f,l �{pq'� � `n I� ( I !1 I m f>Ij� I t I I c mJ 4Q@ t J l 0 Zzw be -T tv +ld RM 511my DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 TABLE 1 TRIP GENERATION COMPUTATIONS Stor-All Rezone Code Land Use Description Build Schedule 151 Mini -Warehouse 105,000 s.f. 720 Medical -Dental Office 7,000 s.f. 814 Variety Store 7,000 s.f. 934 Fast Food Restaurant w/ Drive Thru Window 4,500 s.f. Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 151 Daily Traffic (ADT) = T = 1.45(X) = 152 ADT AM Peak Hour (vph) = T= 0.09(X) = 9 vph 5 / 4 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) = T = 0.15(X) = 16 vph 8 / 8 4-6 PM 47% Enter/ 53% Exit = LUC 720 Daily Traffic (ADT) = T= 42.97 (X)-108.01 = 193 ADT AM Peak Hour (vph) = Ln(T) = 0.90Ln(X)+1.34 = 22 vph 1715 vph 79% Enter/21% Exit = PM Peak Hour (vph) = T= 4.07(X) - 3.17 = 25 vph 8 / 17 vph 3016 Enter/ 70% Exit = LUC 814 Daily Traffic (ADT) = T= 63.66(X) = 446 ADT AM Peak Hour (vph) = T= 3.04(X) = 21 vph 12 / 9 vph 575vo Enter/ 43% Exit = PM Peak Hour (vph) = T= 6.70(X) = 47 vph 24 / 23 vph 51 % Enter/ 49% Exit = Per Collier County ADT = Poss-by =15% ADT and 25% AM & PM 15% Daily Pass -by Rate 25% AM & PM Pass -by Rate New Daily Traffic (ADT) = 379 ADT New AM Peak Hour (vph) = 16 vph 91 7 vph New PM Peak Hour (vph) = 35 vph 18 / 17 vph LUC 934 Daily Traffic (ADT) = T= 467.48(X) = 2,104 ADT AM Peak Hour (vph) = T= 44.61(X) = 201 vph 102 / 98 vph 51% Enter/ 49% Exit = PM Peak Hour (vph) = T= 33.03(X) = 149 vph 77 / 72 vph 52% Enter/ 48% Exit = Pass -by Trips per ITE= 43% 30% Daily Pass -by Rate Per Collier County ADT = Pass -by = 30% ADT and 40% AM & PM 40% AM & PM Pass -by Rate Pass -by Daily Traffic (ADT) = 631 ADT Pass -by AM Peak Hour (vph) = 80 vph 40 / 40 vph Pass -by PM Peak Hour (vph) = 59 vph 30 / 29 vph New Daily Traffic (ADT) = 1,473 ADT New AM Peak Hour (vph) = 120 vph 62 / 58 vph New PM Peak Hour (vph) = 90 vph 47 / 43 vph TOTALS Daily Traffic (ADT) = 1,625 ADT AM Peak Hour (vph) = 130 vph 67 / 63 vph PM Peak Hour (vph) = 106 vph 55 / 51 vph m -1 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 ' N C)lT� I G � � S ; NORTH . Price Street j 30, O N I `0/k0 o o 0 I O O C Henderson Creek LEGEND -►65%Project Traffic Distribution by Percentage Tower Road I JMTRAN5PORTATION ENGINEERING, INC. I STOR-ALL Rezone Project Generated FIGURE 2 Traffic Distribution January 31, 2022 DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 c to +' w20000 00000 EEzzzz zzzzz in R r Cl) M0") L0 'IT 'IT d' 0000 M V N L0 (D oCD d a L m N N N N N N h1 N N v Y OL c z z cn N u1 w o� a 0 z L r 0 L G>=YLL�tcoo� 0C7<4LOM a C r r a 0 z L_ d Y-, w w z z W W W o,aa H a = p a oY Yt=CO ��c°Y'Tr 2 a_ a. > LL O aity— y���-- .o 0 0 0 0 �.-'� 0 0 0 0 0 a co'0o>ri oNa(Y)N W 0. F- o N N N r N 0 c W v O C E �00CDO J y d v, L o 0 0 0 OOO C)O 0 0 0 0 0 Q~ p C 0OMMC14 O >OMNU U H W a. Y �OIWLUOM wwoon dCIO a c R ml❑ a O d c o 0 'C C CO CO 'T (D CO CO C0 V' Y Y 'K fi W LS7 T 0 Kf Y ~C cc CCN II N N m rn y II ,c D O c c ° m U� a ro a° o s ►= > ca Y o y(L) m m o p m m� m w rn rn o a A 0 Ca � a M a z° to - U A 10 ~ O N C � OU7 O .O O F n. a U ui m .fl O O .- N O O N im I co M M c") @ m m m m mm&gnEnvelope r:aa BEA s231- 4ABgsgwe3qck k. . _ ° c %� 2 t J 2 n r-_ cm§§§ 2 ® t a m 0! ) § / / § \ / / > It tok W ¢ §� 2 a = § J m{ e m« c 7$$ m f § § % N / ( = m « . > a m O 7 0 � � Z_ ki ■ b � CD CD § § § J \ \ M � ui � §0. K z z z z u u w u u LO } k I § d \ \ \ \ 04 d \ / § 0 e � N — O R N «¥I 7 @ E & k ) \ i = \ } x j / e @ n@$ a � k m fLO ; a § ; f @ 2 k W § / § \ k } 0 k f \ ) � g g R q { g g\@ � � = o n n n n G$\ m$ MIO DocuSign Envelope ID: 260ABEAF-2761-404A-BF95-E084655F9C90 5 ;j 0 u> O N N -a 01 O) D D w 0 U m m 0 m d Y a c S ° o N Oo ;; = N W to m M (0 V V' N O v o 0 0 0 0 0 0 0 y m a Y > a 0 Y O L o O O O O O O O a. 0- > M M N M co M M N O 7 3 N O= Q h et N M t1 M (D N 9 N N N m N mY 9 y a > N m a a Y a ww z n`^colzzv) z a h d C) 0 w ' OI aY CL �I � �� m r c U z dL a a pl (0 c) z w w w 3 a O U3 O Y e r r ems- r M aA- r a ° a > 0 O ++ 3 IN S V O rn IN W` ° m —� Y a m z ,°°'ao�zzz wwwww � c Q 3 o c LO O Y cm '= M V 'T f`m � V' 'T � N m B Y ' N N N N 0 a Ya m a O0000 COMMO L O ` o O N= rli I M S (M 'M O O O O N N N M W M Y ' a a cc C ~ t6 C E c NN m T OO H O 0 — F- N J O > C m C CD - J N C M O O at 0 � m a F- 0 m R 0 F 0 U W m Q M M M 0) 00) 0) O M M STOR-ALL STORAGE REZONE (PL-20210002658) ARCHITECTURAL RENDERINGS O N O bA •�"' 0�0 4� � � � � N �i O ,� O C� r--� � N � O v N � a � a .ty � C� It Itt STOR-ALL STORAGE REZONE (PL-20210002658) CONSERVATION EASEMENT THIS INSTRUMENT PREPARED BY & RETURN TO: NAB CHRIST OPHER J. THORNTON, ESQ. ADDRESS. TREISER, COLLINS & VERNON 3080 TAAHAAH TRAIL EAST NAPLES, FL 34112 PARCEL LD. # 00726040001 AND 00725960001 SPACE A)3QVE THOIONE FOR PROCESSING DATA 3792204 OR; 3989 PG; 0591 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/27/2006 at 04:06PK DWIGBT B. BROCK, CLERK RIC FIE 52.50 DOC-.10 .70 COPIES 5.00 KISC 1.50 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this Z 9 day of i��W,,, 2005, by Southern `Qeve'Icment Co., Inc. (hereinafter "Southern Development" or "Grantor'), as Granter'; whose address is 845 Bald Eagle Drive, Marco Island, Florida 34145, to Collier C tunN, Florida, a political subdivision of the State of Florida (hereinafter "Collieodny" or "Grantee'. Grantor and Grantee may hereafter be collectively referred o'gs the "parties." WHEREAS, Grantor is then Collier County, Florida described. referred to as the "property'; and WHEREAS, Collier County is rep (" Easement's be entered into and reco to bind Grantor; and that certain tract of land located in bit "A" attached hereto (hereinafter :ghat this Conservation Easement (,the, land records of Collier County WHEREAS, the parties wish to establiSfj th`ir respective rights and responsibilities relative to the use and mainteaah of the conservation area described in the attached Composite Exhibit "B" (the Ea anent Property). NOW, THEREFORE, Grantor hereby conveys a Conn ervation Easement to Collier County as follows: t 1. Grantor, its successors, heirs, assigns and/or transfereesh; reby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Col r County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil 1 OR: 3989 PG: 0592 material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. 3 Gnor its heirs, successors or assigns shall bear the responsibility for maintaining Easement Property, including, but not limited to, regular maintenance as ma be required by any governmental agency having jurisdiction relative thereto; e, Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. `as4. No right ofcceby the general public to any part of the Easement Property is being conveied °,godlier County shall have the right to access and use of the Easement property.( for the purpose of making inspections; however, Collier County shall have no bbli Lion to maintain the Easement Property, nor shall Collier County have the nEhtte ruse the Easement Property for any purpose inconsistent with the terms of fls''Canservation Easement. 5. Grantor reserves all rights 4s o . ,, fir of the Easement Property, including the right to engage in uses of the Ese[nt Property that are not prohibited herein and which are not inconsistent vh any County ordinance, regulation or development permit, and the intent and rrurpos of this Conservation Easement. 6. Grantor shall pay any and all real propjol i, axes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and re s rictions,,of this Conservation Easement in any subsequent deed or other legal in's Ou r nt by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communlcati0h 'hereunder shall be in writing and shall be deemed properly given if sent . y nited States certified mail, return receipt requested, addressed to the appropriate party or successor in interest.- 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of 2 OR; 3989 PG; 0593 the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12 Enforcement of the terms, provisions and restrictions of this ConservafipnCasement shall be at the reasonable discretion of Grantee, and any forbearance orar s` If of Grantee to exercise its rights hereunder in the event of any breach here ,yi,Grantor, shall not be deemed or construed to be a waiver of Grantee's rights her under. 13. The terms `and conditions of this Conservation Easement may be enforced by the Graritee by injunctive relief and other appropriate available remedies, and Grantor 6nsents,that venue of such enforcement actions shall lie exclusively in the Circuit Coirt gf the Twentieth Judicial Circuit in and for Collier County, Florida. In any-646rcement action in which the Grantee prevails, Grantee shall be entitled to repo` r,"7reasonable attorney's fees and costs in the trial and appellate courts in add'ition`'to the cost of restoring the land to the natural vegetative and hydrologicndltipn existing at the time of execution of this Conservation Easement or to thd, aural vegetative state required for a .. development permit. These remedi are,hk addition to any other remedy, fine or penalty, which may be applicable.�under.,Chapters 373 and 403, Florida Statutes. * ` IN WITNESS WHEREOF, Grantor has h�'rtder set its hand and seal the day and year first above written.^ Sign, sealed and delivered in the presence of: WITNESSES: Printed Name: �,MA ✓ ll.yc4l GRANTOR: SOUTHERN a Florida Q 3 Curiale, a--§�ts P OR: 3989 PG: 0594 Acceptance by Grantee: ATTEST: DWIGHTflRQ PK-j.,Qlerk :Dp�ty tltk Is sto Chd i roan's Approved as to form and Legal sufficiency, Steven D. Griffin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2 tLe- �-Ww� FRA)4K AALACHAIRMAN V M, 3989 PG; 0595 EXHIBIT "A" LEGAL DESCRIPTION Certain lands situated In the Nw 114 of seatlon 3, Townsltip 51 8out•h, Ratiqu 26 East, Collier County, state of Florida; From the HE comer of said NW 1/4. run with the Section ling Hurtle 89,33•'53" hest a distance of 324.27 feet to the West right-Qt Wsy.line of Statu Road #951: thenoo With sold right-cxf°'fw�i"y`linn South 3544010e" w.Vt a diotanee of 1252.72 feet to •i unatto,► with the North right -of -Nay line of State !weal N9o; t- ens with the right-of-way line of State Road 190 South 24*1� 5�1-East a distance of 69.99 feet and South 54.10' 16" Ili-Irf^ _+t'.l..iatence of 379.38 feet to the true POINT OF Thence North 35.39,44i' Mast a distance of 400 feet; Whence South 54'•20' 16`""' B+st a distance of 220 toot; Thence south 35'39.."1.4" went a distance of euo teet; Thagtce North 54•20,`' 6" Y1est • diskxt�ce of 220 tent to the POINT OF 8E IliN30% [For information only: Parcel 4 f o., 007259600011 AND Brae! the East 114 Corner Of SecGi 3, '. su'l Vith Booties line South 0 da4=ass 41 stioutss 31 s� and i4s t, a distanaa of 612.57 1 set; thsacit Monti► 89 dtyrega' 1W' iostex 29 secsads Most, a disloace of 722.35 feat to the�,br t*rsectioa of the Meat right -of -War line of the County'-64�-%jA4 Canal with the Month right -of -war line at static load t., (1 >eai Traill�: theacs with said !rail right-cf-war line'. 54 deQrarsa 2a nia4tes 16 soeonds Wean, a distaut:o �447•:S1 fast to the truR point of Beginning: tbance cant►"Ml '601', ith the Trail right-of-Ysy lino North 54 degrees 20 sulzt1" j*•.,}Y*CQ"5 Mast, a distance of 440 feet; thsnet Month 35 ;(49"" )9' a<iantes 44 seconds. 'Last a distance of 400.0 f*st: ;:Isaoi�"t 'th 54 degrees 20 minutes 16 secoads Nast, a distance of 440 ',°tb0DC& 8o-lth 3S "isgcess. 39 %%autos 44 seconds Last a diiiIA&CS of 400.0 Beet to the poit►t of 9"iuniug- [For information only: Parcel ID No.00726040001 L 7 _ k-. )1+r)Sb_1 Vo/- b,l -�3SUp) '+ 8 4111.9 11 li � ¢N 2 TwW W F- 1pZylD❑ wOW W S Iflq�¢... U P Wo_ ❑ �u ?�^oo�4 = ¢a>o�=W��Wvivvooa3 ❑w ZO ❑Ty¢G��rI=--Z¢U `D❑ Nr4U Q,6, Z, f`7 ZZ.JZN ..W�❑¢❑Qp4iLZQQJ � y vI..WN 4J W'Z wPW � .ter - Q❑ZQ gR❑3N ❑ P wr P z S¢ (w/I�H UHO`WOU¢WP�❑�mNtrilr❑QU¢¢JNS 3U =Qci❑r Nww2 jUPWWLIN cyOWWSFr J¢p�4' �� rLWi¢z�xr=-¢~•j z❑Nn�Qoz¢ WW3-ww-z Q 2 rr Wui..m r�� y¢mw f`I4 ~ry J�4,oy W❑WOho�WUW�mr Sow Tmz _ QWr>¢No+'-'zw3m.Nn w'=:rxQ"w - o❑ jr>3.ow ¢�o�WOW3y�vWWWymr N❑r Po❑ow�o ut a'W�o l�p2 rm4 PW❑Ldr, o}Ny¢❑} y FZ„ yWVOWF Wb❑Z QQU W,,Muuvm❑WI=-KW W awq L�V1 x2 .. Wr❑SrZ9 V'�QQWNrZ�QZ- OQ ZN SQ'HW <WWW3GN�WO�,y., .y.,apyx❑mF y a Mr2'"W muwwr¢c'W3...�acaMm =a is aW��¢m 111�W_�W�..:¢❑I`. O�Q Qa 2 Of Z wF-❑O S W W W w Z r S A O h W J❑ o W U y J Q❑= r r Z r ODUWy^ r No 3KgPUZ W� yrQ Q""'W ZZ tt Q=1x-WWT0QO WQ�w�OP¢23HaU>tt>qd� Wrr ❑ z, ❑�ooy h-�• w �uoU4Z WU DO�.r., UIVO-W WVOPo.F=r�QV-o xN Qlw7 l�❑•�r UW W��ZO,�W Z�.F F- • QOQ4pO=�-UL,�, ❑ J Zya❑Ny WrNly�2yyl.7 N.-. Ny?p Z>� WW ZO Z~QNOQ¢ y' wi2J, ZOOOa U�Po Q » > Jy rN=M�rlDUxy J1-+170` Z21=-Q❑❑¢❑PW WQN a�❑y NW Zr wK Q�r. QO:(w,)r P, 01� OW3 ;-,Wjl7SO>l-QO(�W❑WWN❑Jlc�jo mWO=;Dw(xJUU J ❑JW3 W >. `> w Q(yW❑2 ,VzQw2ZaZ4'Z Wo:vh of tj 04'ZF]7fa-W�Z;,. we �rwG QKQzJLL. U OaF2-m❑y 0 u u❑U Q N:Q woo oMIw..0 < n ro 3 a � b N h L. b N h it Z ,00'BOl M .66,6f.Sf S 9Z-19-f N0003S DAMN 30 X3Na00 3N 3IP30N3hnOO 30 1N/Od � *** 9690 :Jd 6868 M *** 0 0 00Y9 4k,6£9f S 3 g ON o > I7 I\ < ' p InLn mua ma In g ��g��S�'�• cn W c OI N 3 d L - u Q) u m Q d > m L p Q) N p, � -N o • O a C, > 2 c> n z O + O d OI du O 0. u _ co O o � I W Cl) A.Z. A zz a �aH x 2 ❑ � x O E� Z a. Cva�o 02 ae a. Z w v Lu z w I O Cz4 a4� i6'f8 ;u 3.Y6,6GSFN �2 $V � M h ZCZ6Zl 3N17 M/N IS V3 ti Lo Q W J STOR-ALL STORAGE REZONE (PL-20210002658) 9/13/2022 BCC MEETING MINUTES - ITEM 10.A September 13, 2022 COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. MS. PATTERSON: Commissioners, to clarify, that is a vote on 913 and 11 G regarding the NIMs, and that will be coming back to you once the staff has worked on what their recommendations are. COMMISSIONER LoCASTRO: For I IH. MR. KLATZKOW: It was H until F went away, and now it's G. COMMISSIONER LoCASTRO: I gotcha. CHAIRMAN McDANIEL: She requires no help. COMMISSIONER LoCASTRO: I'm going to catch her on one error one of these days. Item # 10A 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 STREEPCOMMERCIAL DRIVE/US 41 INTERSECTION AND THE PRICE STREEPUS 41 INTERSECTION, UNTIL GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE AMENDMENTS IMPLEMENTING THE EAST NAPLES COMMUNITY DEVELOPMENT PLAN ARE ADOPTED - MOTION BY COMMISSIONER LOCASTRO FOR STAFF TO BRING BACK A DETAILED REPORT AT THE SEPTEMBER 27, 2022, BCC MEETING; SECONDED BY COMMISSIONER TAYLOR — Page 104 September 13, 2022 APPROVED MS. PATTERSON: All right. Commissioners, moving along, we're into 10A. This is a recommendation 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 U.S. 41 between the Palm Street/Commercial Drive/U.S. 41 intersection and the Price Street/U.S. 41 intersection until Growth Management Plan and Land Development Code amendments implementing the East Naples Community Development Plan are adopted. This item was brought forward by Commissioner LoCastro. CHAIRMAN McDANIEL: And the floor is yours, Commissioner. COMMISSIONER LoCASTRO: I don't mean to be adding a lot of things to the agenda and creating work, but, you know, I thought this one was extremely important. Years ago, you know, this commission worked really hard in District 1, you know, under Commissioner Fiala to institute an East Naples Development Plan, basically take a strong look with engineers and architects at, you know, the stretch -- I always say it goes from, sort of, Airport to Collier Boulevard down U.S. 41 to see what should it have looked like? What could it have looked like? What kind of things, you know, would make -- would bring cohesion to that area? You know, my assessment is I sure wish the East Naples Development Plan would have been -- the trigger would have been pulled on it maybe 10 years ago, and maybe this stretch would look a lot different. But in the last year, we've basically morphed that East Naples Development Plan because it's great to get artist's renderings of what it all could have and should have looked like, but it's not very helpful to us when it says, wow, 10-foot-wide sidewalks would be Page 105 September 13, 2022 great. Yeah, they would be great. We'd have to tear out a whole bunch of things right now that are already in place that are in the way. So what our staffs done is to basically utilize that East Naples Development Plan and morph it a little bit into an East Naples rezoning overlay which is examining that area. And, you know, Mr. Bosi's here to sort of fill in the blanks that I'm missing here. But just to give a quick summary, the work of that overlay is, I won't say in the final stages, but we expect early next year to get the results of that with lots of recommendations of not just what could have or should have been done but what can be done in the future; how we might better manage growth, design certain things, where certain things should go. And the reason I'm proposing a temporary moratorium on especially storage units -- and it's not that storage units are being targeted here, but it was the storage unit discussion that led to the East Naples Development Plan getting life, because they were -- seemed to be popping up sort of out of nowhere and indiscriminately in places where it was very visible green space that many thought would get something much different than a storage warehouse. You know, some might say storage facilities are great because they are -- the last few that have been built are architecturally more fancy and they don't generate a lot of traffic. They tend to just sit there, and the parking lot's almost nearly empty because people around here that downsize put stuff in storage and then leave it there for 10 years and then pick it up 10 years later and donate it to St. Matthew's House, which is a whole 'nother argument. But the reality is, it makes this stretch of 41 look very industrial, I mean, these storage warehouses. So the reason that I'm proposing a temporary moratorium -- and Page 106 September 13, 2022 I say "temporary" because I would like to wait on the results of the East Naples rezoning overlay, which is going to give us a lot of direction and not have a bunch of things sort of built and sort of sneak under the door between now and when we get that report, and then get that report and then look over our shoulder and go, wow, this report was really valuable. The last six things that we built along this stretch we would have done different or better or not have approved. And so, you know, we always talk about the cart before the horse. I want to see the horse first before we figure out what the cart should look like. And so I'm looking for your support in my district. And it's not going to affect -- there's not 50 storage units coming to us in the next six months. And I've met a lot with the staff and met with Mr. Klatzkow, so it's not something that we just drew up, you know, five minutes ago. Those storage unit facilities that are already in play, have permits, have Site Development Plans, that train already left the station. So they'll be allowed to be built. And in the cases of the ones that come to mind to me, they actually don't have much pushback. There's one towards the end of 41 and Collier, a little bit past Collier, that's an add -on to a storage unit that's already there. Site Development Plan's already in play. The citizens actually have met and, during their meetings, they actually want it. It's not in a place that's creating a lot of controversy. But this temporary moratorium would be until we get the East Naples rezoning overlay plan, get the results of it. We've spent a lot of money and a lot of time on it, so I think, you know, before we, you know, haphazardly and quickly build a bunch of things in the district that I represent, which I got a lot of pushback from citizens that see these, especially the storage units, popping up and saying, how did that one get approved? How did that one get approved? Page 107 September 13, 2022 This East Naples rezoning overlay will give us a much better education as to how we can make this part of District 1 and in East Naples look a lot better, be more functional, and add much more cohesion. And so that's why I'm asking for your support for this, you know, temporary moratorium until we get that report early next year. And I invite Mr. Bosi -- I asked him to be here in case you had any questions or, Mike, if you wanted to say something in a short summary to explain much better than I basically did, and maybe shorter, what we're doing here and what we're not doing here. MR. BOSI: Thank you, Commissioner. Mike Bosi, Zoning director. This has been an issue that this body has been dealing with for a decade. A moratorium has been suggested at one point in time. In the past, we've never gone through with it. But where we're at right now within the East Naples Development Plan and the establishment of the U.S. 41 East Corridor Overlay, we have scheduled public meetings in October and December to wrap up the public portion of it. We have GMP amendments that would be proposed for transmittal that we have tentatively scheduled before the Planning Commission in February, the Board of County Commissioners in March, and then, ultimately, we have the adoption review by the Planning Commission in May, adoption of the overlay, the GMP amendment -- GMP overlay as well to be wrapped up in June. So that's basically a nine -month period that we would expect the moratorium to be around. And what it is is it's design standards. It's other components. It's placement of buildings. It's look, it's the feel, it's transportation opportunities and avenues that are going to be -- that are going to be incorporated within the overlay to help address the concerns that we've heard from this community over the past five to seven years September 13, 2022 that we've been working on this issue trying to bring a softening to that auto -centric type of land uses that have dominated the 41 corridor. We have -- the confines are basically, as the commissioner said, from Airport Road to just a little bit west of Collier and U.S. 41. And the one thing I would say as a clarification is we do have it proposed that the moratorium would be at the DO level, but DOs do include building permits. As we spoke with Commissioner LoCastro, I think we thought it was more appropriate that it would be the SDP level where that DO would be applicable, but also talking with the County Attorney's Office. This isn't -- your decision here wouldn't be to adopt the moratorium. It would be to direct the County Attorney to bring -- to advertise and then bring back the proposed moratorium for your consideration. That's the backdrop of the -- of the issue and, you know, any questions that I could help out, I'll be more than happy to address. CHAIRMAN McDANIEL: Thank you. Commissioner Solis. COMMISSIONER SOLIS: I'm trying to remember -- I mean, we have talked about this before -- CHAIRMAN McDANIEL: 2017. COMMISSIONER SOLIS: -- in'17, and we didn't -- I thought we did. Did we not? CHAIRMAN McDANIEL: Can I refresh his memory? COMMISSIONER SOLIS: Well -- and the question was -- because I thought that there was -- there was, like, a set of them that were in for permitting already, and there was some issue as to whether or not, you know, they were already in process and all that. I'm trying to remember where -- because we spent a lot of time on this, and the study was in process at the time, right? MR. BOSI: Yes. Page 109 September 13, 2022 CHAIRMAN McDANIEL: Do you want to, or do you want me to? I can give you my rendition of what transpired. Our first meeting in 2016 for Commissioner Saunders, and I think you as well, Donna Fiala brought forward the moratorium for this same corridor. COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: Commissioner Saunders asked her to quantify that moratorium to specific uses and not in aggregate, which she didn't do -- she did do. She delineated storage units -- COMMISSIONER SOLIS: Right. CHAIRMAN McDANIEL: -- car washes and something else. MR. BOSI: Gas stations. MS. PATTERSON: Gas stations. CHAIRMAN McDANIEL: Gas stations. COMMISSIONER SOLIS: Gas stations, right. CHAIRMAN McDANIEL: And so -- and I expressed a concern that day about there might be somebody along the 6-mile swath of the most lucratively zoned land in all of Collier County that doesn't know we're about to take away their rights. And I looked at the County Attorney and I said, is there an opt -out or an exemption process that's availed [sic] for people that are in this corridor that do, in fact, have vested rights? They said yes. Two months later, February, we came back, plus/minus, that we came back, and their opt -out discussion had to do with a conditional use provision to allow people, and on top of that they had exempted PUDs out of the moratorium. So now we have a guy with a C-5 piece of property and that use is allowed and a PUD next door that's exempted out. This guy's now put in a moratorium, and the PUD's allowed to go forward. COMMISSIONER SOLIS: Right. It was -- CHAIRMAN McDANIEL: And so, therefore, we stopped the moratorium discussion, instituted the corridor study for the East Page 110 September 13, 2022 Trail, and then -- and then moved on forward. So that's -- COMMISSIONER SOLIS: Thanks for that. Now I remember the issue with the PUDs. I mean, is that -- we still have that issue, though, right? Are we going to try to address that this time around? MR. BOSI: The moratorium -- the framework of the moratorium we're talking -- we're speaking about would not exclude PUDs from the moratorium. They would be applicable to all within that geographic corridor whether it be straight zoning or whether it be PUD zoning. COMMISSIONER SOLIS: Okay. So we've addressed that, that issue that we had before. Am I understanding that right? CHAIRMAN McDANIEL: Yeah. COMMISSIONER SOLIS: Okay. And the study is how close to being finished? MR. BOSI: Tentatively, we would wrap up in June. COMMISSIONER SOLIS: June, okay. And then -- so the moratorium would be for -- until -- until what? Until we determine whether or not we want to do something Land Development Code -wise based upon the study, right? MR. BOSI: Well, the overlay is the -- is the zoning action. We've done the study. COMMISSIONER SOLIS: We've done the study. MR. BOSI: We are implementing and we're designing the overlay -- COMMISSIONER SOLIS: Okay. MR. BOSI: -- and that's the actual do, and that's what would be adopted, and I think the moratorium, as the County Attorney would suggest, can't last more than 12 months. So it's either 12 months or the adoption of the U.S. 41 Corridor Overlay Study would be the termination. And if you adopt it in -- or if you adopted the moratorium in October, it would roughly be eight months. Page 111 September 13, 2022 COMMISSIONER SOLIS: Okay. And I guess this is an issue for later but -- when we get to the overlay but, I mean, so much of the issues seem to be structurally just those little lots saying what's between 41 and the service road behind it. I mean, I don't know how we're going to work with that kind of a structural issue, but, we'll see, I guess. MR. BOSI: And we have some design ideas and the over -- the concern of the -- or what we've heard and what we've heard over the years is it's basically one point, is goods and services, restaurants, give back on a regular basis to the surrounding community, the surrounding residential uses. Storage facilities, even though they are neighborhood serving in terms of the -- COMMISSIONER SOLIS: Yeah. MR. BOSI: -- in terms of their need and placement, they don't provide that daily interaction or the opportunity for goods and service. They're more -- they're more stale, in a sense, to the activities of the day-to-day needs of the households, and that's what -- one of the concepts that we had back in 2019 that we had proposed, if you wanted to move forward with a storage facility, 25 percent of that storage facility's first floor had to be dedicated to retail or services or restaurant, so the mixing of units within the storage facilities to provide a little bit more opportunities for them to be neighborhood serving in a way but also be able to attend to their storage purpose primary use. COMMISSIONER SOLIS: Yeah. Okay. I'm just --I'll just throw it out there that I think one of the things that's going to be of interest to me if -- you know, if it shows up before I'm no longer here is, as I recall, one of the problems was what can you actually do commercially on one of these small commercial lots, and I remember that issue but, commercially, there were some issues. Anyway. Okay. I get it now. Page 112 September 13, 2022 Thanks for the -- thank you for the refresher, Mr. Chair. CHAIRMAN McDANIEL: No problem. Commissioner LoCastro. COMMISSIONER LoCASTRO: What we tried to do with this is make improvements to it so that what failed last time or what are concerns -- and that's why I wanted to -- you know, I wasn't here in 2016. So that, you know, if there was something that concerned you that caused it to fail last time, now we're way further down the road. And, trust me, that stretch of U.S. 41, in my opinion, doesn't look exponentially better. When it failed, then a lot of things popped in there along that stretch that maybe could have been more cohesive or could have had more direction. But some of the things that we've done with this temporary moratorium is developers can still apply for permits and go through the process and -- you know, it doesn't stall that, but then they would have to wait until we get the East Naples, you know, rezoning overlay direction before they could actually put a shovel in the ground. And if that overlay gave us very specific direction that changed their design or their location or what have you, then great. Then the benefit of this, you know, multiyear study has -- it bore fruit, and that's, you know, what we're trying to do. The overlay might also direct that storage units aren't horrible, but they maybe should be in very different locations. And so I'm not trying to guess what the study is going to do, but I think we're going to get so much direction and education out of this study that I would like to make sure, then, that we can utilize it for future development and not, like I said, have a bunch of things sort of sneak under the door. The issue that Mike said, one of the recommendations could be more of a mixed -use type or whatever. Maybe it's that. I don't disagree with Commissioner Solis that I'd like to see what that looks Page 113 September 13, 2022 like. I don't think I want to eat at a five-star restaurant that has a storage unit attached to it. But the whole, you know, catalyst here is that this is something that's been in discussion for many years. It failed last time. I'm really looking for your support to approve it this time. I have not gotten pushback from really anyone. I mean, a few storage units that are in play right now and that are already past the point of no return were concerned, and that's why -- one of the reasons why I was doing that NBC interview was to separate rumor from fact. We're not putting a halt on things that are halfway built or about to happen. But between now and June or maybe even sooner, not making some mistakes or things that could have been built better based on the guidance of this overlay, that's what, I think, we want to take advantage of. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: So when we have a zoning in progress, that does not preclude the approval of different projects like zoning in progress. It's very clear that storage facilities are a no -no for the East Naples Civic Association. That doesn't preclude them from coming in and getting an approval for it on an administrative level? MR. KLATZKOW: What it does is that anybody who's already in the process will continue to go through the process, but staff will not take any more applications for this particular use until the issue of the moratorium is resolved. COMMISSIONER TAYLOR: But if we didn't have a moratorium, if it was just -- MR. KLATZKOW: If you did not have a moratorium, it's business as usual, yes. COMMISSIONER TAYLOR: Business as usual. Okay. That's what I needed to know. Page 114 September 13, 2022 The storage units are perfect for that length of the time -- that length of road because they don't require the parking that businesses that would be a much better fit for the neighborhood would, and that's one of the big challenges is the lack of parking. But I would support this moratorium. Can I make a motion to that effect? COMMISSIONER LoCASTRO: Well, I mean, I'd like to make the motion that you support this moratorium, and I'd appreciate your second. COMMISSIONER TAYLOR: I am going to second it. CHAIRMAN McDANIEL: It's been moved and seconded that the moratorium go forward. For purposes of discussion, I am now going to speak. I'm not in support of this. These are not green spaces that all of a sudden something pops up on. These are real property rights that we're taking away from people that own land in the most lucratively zoned corridor in Collier County on U.S. 41. These lands were zoned for this use. My intent when I suggested to Commissioner Fiala that we initiate the corridor study was to educate the people who live in this particular area that drive by that bunch of trees, that it's not ever [sic] going to be trees. There's going to be something else there. Now, design standards, side -yard setbacks, landscaping, those are all things that I can sit still for. But taking real property rights away, even on a delay of this theoretical temporary moratorium, innocent theoretical. It can only be held for 12 months unless it's extended by this board again for another 12 months. And if the corridor study that I proposed we do in 2017 five years later is not done, we ought to be bringing back the people that were in charge of that, and they need to go, let alone taking away the rights of the people on the East Trail of 41. There's nothing being snuck underneath the door, sir, in all Page 115 September 13, 2022 sincerity. You've said that twice, and I made a note of it. These are zoned properties. These are allowed uses. Nothing's being snuck underneath the door. There is a -- I can't say the Latin term. What's it's called, caveat emptor. COMMISSIONER TAYLOR: Caveat emptor. CHAIRMAN McDANIEL: And that's the buyer beware. If you buy a house down one of these streets and you're driving past a vacant -- we had a similar circumstance on Beck and 951 at Forest Glen off the sixth hole when that nine acres that got included in the innovation zone; it's coming forward now. And we had a similar circumstance there. Those folks all wanted that to stay trees, and then we shared with them that it wasn't going to stay trees, and it's now going to be something else. And the developer's come forward and worked with the community, and I think they've came to an amicable agreement. There is a horse. The horse is the GMP, the Growth Management Plan. The horse is the Land Development Code which establishes those zoning -- the zoning rights that are currently existent by the people that are out there. The study should, would, could have educated the populous and the folks that live in this area as to what's, in fact, there, draw in opinions on design standards and colors and side -yard setbacks and so ons and so forth, but it didn't do that. And now I think taking away these rights for these property owners is a terrible idea, just terrible. COMMISSIONER LoCASTRO: Okay. CHAIRMAN McDANIEL: There's a taking that's transpiring here. So I can't support it, won't support it. How many votes does it have to have? COMMISSIONER LoCASTRO: Three. Here -- but I've hit my light. Let me respond to that. First off, we have -- it's not 2016 anymore, okay. So we have to be smart Page 116 September 13, 2022 enough on this panel here to be able to look at something, and as things change and modernize and develop, to be able to ebb and flow. Unless you have a short memory, there was a piece of property over at Lely that's been zoned commercial for -- since the beginning of time. We all just voted unanimously to rezone it because it made more sense. There wasn't a Skillet's shopping center across the street from it. There wasn't a Starbucks and a Publix and a Hobby Lobby and an Outback, but now there is. And so we were astute enough to say, you know, that was zoned for a reason for commercial, but our job's also to be smart enough to take a look at something. So in 2016, maybe you drove down U.S. 41 and you saw one or two storage units, and maybe it wasn't a big deal. A lot has changed since then. So I don't -- I understand zoning, and I disagree we're taking away anything. I think what we're trying to do is figure out how to control the bleeding. Can't undo history. But I think this East Naples rezoning overlay is going to give us a lot of information, and I'd hate -- I would hate to be looking over my shoulder at things that did sneak under the door between now and June and say, wow, imagine if we would have passed a moratorium. Those five things that got built would have been -- would have looked nicer, would have been different, might have been mixed use, might have been disapproved, might have been put somewhere else, might have been approved as -is. So I don't think the number -one goal of the moratorium is to take anything away. It's to improve the aesthetics of my district and all of the citizens who have voiced so many concerns. And even previously years ago when this came up -- and that's why we tried to come up with a moratorium that was maybe less restrictive and a little bit more temporary. And like -- and like I say, a lot has changed since 2016. So I Page 117 September 13, 2022 think, you know, we change things all the time. We take a look at how we can better our community and, you know, reclassify zonage and approvals and ordinances, and that's what we do up here. And so I think we've got to look at current history and take a look at that stretch. And, you know, being the commissioner of that district, I think that's one of the least nicest looking stretches in District 1. And, you know, I take exception to say -- to tell my constituents, you know, you get what you pay for. So if you move into that stretch of District 1, you know, and you're surrounded by warehouses, you know, too damn bad; that's what the ordinance says and that's what the rules say. So, you know, do your homework and move somewhere else. I think we can do better. And so I'm asking for your support for a temporary moratorium so we can take advantage of this multi -hundred -thousand -dollar study that's been in play forever that has benefited us with nothing and utilize it when it comes to us early next year and see if it does direct some changes, some improvements in how we shape, you know, that part of District 1. CHAIRMAN McDANIEL: Just as a proviso -- and my memory's not that bad. I just reread 9A, and we still allow for C-3 zoning or residential use. We didn't rezone anything. We just added a use that this developer has a right to do. Don't fluff it off, because you're using that as comparison. COMMISSIONER LoCASTRO: Okay. Have we ever rezoned anything here from commercial to residential just black and white? Have you ever done that? CHAIRMAN McDANIEL: Yes. COMMISSIONER LoCASTRO: Okay. So that's my point, and so we made some changes. CHAIRMAN McDANIEL: That wasn't what we did this morning. Page 118 September 13, 2022 COMMISSIONER LoCASTRO: Okay. But we made some changes to a piece of property this morning or we -- CHAIRMAN McDANIEL: We allowed for an additional use to be considered on a piece of property that we all thought it was better. COMMISSIONER LoCASTRO: Yeah. But you were almost falling on your sword saying we have ordinances, things are zoned a certain way, it should stay that way to the end of time, and if people don't like it, then don't move there. You know, tough bananas. CHAIRMAN McDANIEL: That isn't at all what I said. I wasn't falling on a sword. COMMISSIONER LoCASTRO: That's what it sounded like. CHAIRMAN McDANIEL: What I do is I carry and hold real property rights sacred and you, nor anything else, is going to take them away from the people that have that underlying right without paying due compensation, period. (Simultaneous crosstalk.) COMMISSIONER LoCASTRO: I'm doing none of those things. And if you were in this district, you might be better educated as to what's going on in District 1. CHAIRMAN McDANIEL: Well, I might be. Commissioner Saunders. COMMISSIONER SAUNDERS : Boy, it's really painful for me to say I think I agree with Commissioner McDaniel, but I agree with Commissioner McDaniel. I don't think it's appropriate for us to be involved in trying -- in trying to change market forces. The free market works pretty well. And if a property owner has a right right now to do this type of a storage facility and the market demand is there, then that's the right location as far as the property owner's concerned. I don't think it's up to us to simply say, well, we're going to change that. So I'm going -- I'm going to vote against the motion. Page 119 September 13, 2022 COMMISSIONER LoCASTRO: Well, if I have a chance to at least rebut a little bit. CHAIRMAN McDANIEL: You do. I'm calling on you now. COMMISSIONER LoCASTRO: Okay. We're not saying we're changing that. What we're basically saying is we're taking a pause and trying to take a multi -hundred -thousand -dollar taxpayer -funded study that has dragged its feet for years and be able -- CHAIRMAN McDANIEL: Five. COMMISSIONER LoCASTRO: -- five, which to me is excessive. I think people should be fired already over that. But we've accelerated it, and we've put the accelerator down, and we want to be able to then utilize the benefit of that study for a much more cohesive and better plan down that U.S. 41 corridor. So if somebody's got a burning itch to build a storage unit and they can't wait eight or nine months to do it, then, you know, that surprises me. And I would just say, if this was your district, I think you might feel differently driving down that stretch of road and from the citizens you would hear from. So there was a reason why I think this was offered. I think we've made it a little softer, a lot more temporary. And I understand what you're saying. I guess I just agree with it -- or disagree with it aggressively. CHAIRMAN McDANIEL: And vice versa. Again, my opinion is my opinion, and I'm certainly entitled to that. And I understand why you're bringing this forward. I have had the same phone call -- not all of the same phone calls, but the same information provided to me over the years as well. And I just -- I don't concur with the thought. Commissioner Saunders. COMMISSIONER SAUNDERS: Just kind of an analogy here. In my district, in Golden Gate City, there's a zoning district along Page 120 September 13, 2022 Golden Gate Parkway. Both sides of Golden Gate Parkway are commercial. I got staff, and we worked on a land use -- a change to the zoning there, but we did it as an overlay. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: We didn't change anything that the current property owners had in terms of what they could do with their property, but we developed an overlay so that they could go to a different type of zoning if they chose to. And I think that that's probably -- I'm not sure that that approach would work in East Naples, but I'm just letting you know that my view is we tried to give property owners the other opportunities, the choices to make, and that's what we did in Golden Gate City. CHAIRMAN McDANIEL: And that was one of the reasons why I supported the overlay that we put through in Golden Gate City, because it allowed for the underlying uses that were existent to remain. I expressed a concern about the overlay because some of those use changes that are by right now on those commercial properties, I remember talking -- Anita Jenkins was the planner that worked on that. And I talked to her, and I was like, do the people that live behind the K-Mart on the Golden Gate Parkway know that there could be a 6-story building looking down at them and their pool behind? COMMISSIONER SAUNDERS: No, there can't be. CHAIRMAN McDANIEL: Right. COMMISSIONER SAUNDERS: No, there can't be. CHAIRMAN McDANIEL: Well, six stories, you're correct. There's height restrictions there, but there was a concern -- COMMISSIONER SAUNDERS: I'll go back to the old statement that "words matter." When you tell somebody that you can do a 6-story building behind the K-Mart there, I'm going to start getting phone calls from people who don't want a 6-story building. Page 121 September 13, 2022 CHAIRMAN McDANIEL: Yeah. Sorry about that. I retract that statement. Forgive me. I had concerns about the by -right aspect of the overlay, but it was, I felt, a far better path for us to manage the inevitable use changes that could, in fact, occur, and it was done in a public format, so -- not by a moratorium. Commissioner LoCastro. COMMISSIONER LoCASTRO: I'm 100 percent for property rights and for people who own land to be able to do with it what they want but also, too, we have to monitor what's happening in that community. And between 2016 and now, a lot of things have changed on this stretch that I think could have been better managed. That's what we're just trying to get our arms around. So this isn't about taking away somebody's rights, but it's about us, you know, taking a breath and a pause and being able, then, to get the results of a study that might give us different direction and different input and not, you know, allowing something to be built maybe less appropriately than what this important study is going to tell us. And so I -- and that's why it's a temporary moratorium. And, you know, I just think that, you know, you've got to be able to have both eyes open and see what's happening in your community, and if you see something's happening in a negative way, you've got to speak up and not just say, well, you know, tough noogies, that's just how it goes. If you don't want to live next to a storage unit, then you know that when you buy your house. The constituents I represent, I would never tell them that. And I just think we can make improvements to how we approve, whether it's storage units or other construction, you know, permit applications, and especially in this stretch so that it looks as nice and as cohesive as a lot of other parts of Collier County. And at some point, I think we've got to raise our hand and take Page 122 September 13, 2022 responsibility for trying to make our community look as good as it can and not just fall back on, well, that's what the ordinance says. That's what allows. We should be able to have the leverage and the foresight to be able to make improvements as we see things develop. And if anybody thinks the stretch of U.S. 41 looks better today -- yeah, it does in pieces. But overall I would say it's less cohesive today than it was in 2016. If we're okay with that and we just say, let the construction fall where it may, well, that's why we want the East Naples rezoning overlay results so we could be better educated on how we can utilize what's left of the green space. And maybe the reason why, Commissioner, you know, Taylor supports it is because maybe we're closer to it. You know, our districts overlap, and, you know, we see the results of driving back and forth on that stretch. And I just think we can do better, and I think this is a start, to at least take a pause. COMMISSIONER TAYLOR: I'm honoring the requests of the people, including former Commissioner Fiala, who listened to the neighbors just pleading, look, how are we going to -- how are we going to get what we want here? So it's a dream. It's a long time coming. It's no one's fault, staff s fault. We did have a two-year interruption almost with this process. And now the real estate market's booming. And we know we have something right here in front of us about appealing a Hearing Examiner's permission. So I'd just like to see -- but there's no other way to do it besides have a moratorium. There's no other way. I mean, there's no other way. MR. KLATZKOW: If what you want to do is stop new applications for storage units, then your tool is a moratorium. COMMISSIONER TAYLOR: Okay. COMMISSIONER LoCASTRO: But I do want to say, it wasn't Page 123 September 13, 2022 a matter of stopping. It's a matter of just taking a pause. So we're not trying to do something permanent here. We're trying to get the benefits of a five-year study to come to us first before we allow continued construction to happen. And I think even just this discussion, if this moratorium fails and I was somebody that was brainstorming a storage unit, I would rush those permit applications as quickly as possible to the county before somebody has a better idea to try to do this again or in some other form. And that's where I wanted to just have much more responsibility, you know, and oversight and control, and, most importantly, the benefit of this five-year plan to come to us and see what it tells us we could to do make that stretch look better. So it's not a matter of, you know, permanently stopping. And I know that's what you weren't saying [sic], but I'd like to use better terminology that just says, taking a pause until we have the benefit of this study. And I'm flabbergasted that that's not something that -- that seems to be accessible or even embraced by this commission as a whole. COMMISSIONER TAYLOR: So we have the swing vote, so why don't we vote. CHAIRMAN McDANIEL: You and I are -- I was just going to say, we're done. COMMISSIONER TAYLOR: We have a swing vote there. He's sitting at the end, and he's not giving me any face or indication of how he's going to vote, so I think we should vote. CHAIRMAN McDANIEL: So it's been moved and seconded that the moratorium go forward. And I think if we're discussing this, we're going to bring it back for a review and reread before it's implemented? MR. KLATZKOW: Yeah. However your packet has the proposed ordinance, I would -- Page 124 September 13, 2022 CHAIRMAN McDANIEL: Asa draft. MR. KLATZKOW: I will be bringing forward that proposed ordinance at the next meeting. COMMISSIONER LoCASTRO: Yeah. And that was sort of the other thing, too, here is to get your support to be able to bring back a draft that could be looked at, and that's why I wanted to see if there was nuances of a moratorium that maybe failed years ago under previous leadership that could be added or changed now and especially, too, with how things have progressed. Now you see how the county -- or how that piece of the county has changed -- to get your support to bring a moratorium forward. You can kill it then if you want, but I just think prematurely killing it now, it would be shocking, you know, to me. CHAIRMAN McDANIEL: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I'll support the motion to bring it back, but -- COMMISSIONER TAYLOR: There we go. COMMISSIONER SAUNDERS: -- it's unlikely I'll vote to support the ordinance. But I'll go that far as to take a look at it. COMMISSIONER LoCASTRO: Would there be verbiage that you could educate us on now that you would like to see in there or that you heard years ago that was -- COMMISSIONER SAUNDERS: I'll just wait to see what comes back. I could make some comments on an ordinance that's in front of me. COMMISSIONER LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: So I'll support the motion to direct staff to draft some ordinance and come back, but I don't want that to be an indication that I'm going to -- COMMISSIONER LoCASTRO: Absolutely -- COMMISSIONER SAUNDERS: -- vote for it. Page 125 September 13, 2022 COMMISSIONER LoCASTRO: -- no. That's all we're looking for. CHAIRMAN McDANIEL: Commissioner Solis. COMMISSIONER SOLIS: Well, I was going to say the same thing, that if this is to bring back an ordinance to consider, I would support it, although, you know, I think there are -- I have to agree with Commissioner McDaniel. I think we had this discussion a few years ago. And I think the biggest thing we can do is bring forward the overlay sooner rather than later. COMMISSIONER TAYLOR: Yeah. COMMISSIONER SOLIS: I mean, that's -- CHAIRMAN McDANIEL: Absolutely. COMMISSIONER SOLIS: -- that's the key. I don't know that I can support a moratorium, but it's worth discussing. If there's something that makes it -- you know, because, ultimately, what we're saying is we are going to -- we are going to do away with one use. I mean, we might as well just say that now. COMMISSIONER TAYLOR: Can we bifurcate that? Can we bifurcate the overlay and say let's just -- let's bring forward the overlay regarding -- specifically regarding the storage units and have it up here for a vote? Can we do that? MR. KLATZKOW: There's going to come a time where Mr. Bosi brings forward the proposed amendments, and at that point in time you can do pretty much whatever you want to do. COMMISSIONER TAYLOR: But what if we fast forward the question about these storage units? MR. BOSI: We have two additional public meetings that we're to go talk to the community about for them to review the design improvements that are being suggested as part of the already accepted East Naples Development Plan. And, remember, we talk about --this isn't one plan. It was a plan in 2017 and ' 18, and we Page 126 September 13, 2022 ended up in 2019 they didn't adopt a moratorium. And then you -- and then the county hired Tindale Oliver to do the East Naples Community Development Plan. That plan was accepted. That plan suggested a zoning overlay. We are in the processes of implementing that zoning overlay. So this is the third part of a six- and seven-year study that is not one study; it's two separate studies and one overlay. We can -- I mean, what you're suggesting is to abbreviate and just bring back restrictions related to -- COMMISSIONER TAYLOR: Accelerate. Not abbreviate. Not abbreviate -- MR. BOSI: Well, the public process that we've advertised was that in October and December were going to be public meetings, and what you're trying -- we would, what, condense that? Is that what you want to -- COMMISSIONER TAYLOR: I am asking to bifurcate the issue of the storage units from the rest of the overlay. Proceeding on the schedule as publicized for the overlay, but accelerating the question about the storage units, understanding that next year sometime they can all be put together. But, meanwhile, we have a discussion with the overlay as the -- as the parent of this child of the storage units. We can have that discussion and make that decision now. Not now, but -- MR. BOSI: I guess we can. I'm not sure what -- COMMISSIONER SOLIS: I don't know what that means. MR. BOSI: I'm not confident in the cohesiveness of what we could bring back. But we will gather and try to adjust in a way and simply only focus upon storage facilities. COMMISSIONER TAYLOR: At the beginning. CHAIRMAN McDANIEL: Well, the moratorium is proposed for storage facilities only. Page 127 September 13, 2022 COMMISSIONER TAYLOR: But then we would not have to have a moratorium. We could bring back the overlay addressing specifically the storage units and more to come at a later point. Could we do that? Can we bifurcate or can we separate -- CHAIRMAN McDANIEL: Divide it up. COMMISSIONER TAYLOR: -- the storage units from the rest of the overlay and address that initially? MR. KLATZKOW: You can direct staff to come back just on the issue of the storage units. COMMISSIONER LoCASTRO: But I think that -- MR. KLATZKOW: But that doesn't stop anybody from putting up more storage units until that happens. COMMISSIONER LoCASTRO: But the study overall isn't broken out. I'm sure it has many chapters and it's broken out into pieces, but it's one cohesive thing. Saying, you know, let's surgically remove the storage piece, I think, makes the overall study less effective. And I don't think waiting till June to get a complete study that might have other parts and pieces -- this isn't just about putting a spotlight on storage units. Storage units were the catalyst that maybe pushed this thing forward. But, you know, correct me if I'm wrong, Jamie, I think what -- because I see Mr. French there. I think this thing sits on its own. It's one big book that's going to come to us. But if there's a way to surgically remove the storage unit piece -- but I think we'd have a much more cohesive product if we got the whole thing in its entirety. I mean, that's like saying, let's do a study on how hurricanes, you know, affect, you know, Collier County but, you know, we just want the piece about beaches. Well, some of the pieces that talk about things other than beaches might sort of intersect with how we, you know, address beaches. You know, just getting back to this, is it in chunks? And then Page 128 September 13, 2022 regardless of your answer, there's still some public comment pieces that we want to make sure happen, you know, without interrupting those. MR. FRENCH: Thank you, Commissioner. For the record, I'm Jamie French, your department head for Growth Management/Community Development. Commissioners, why don't we -- if I could make a suggestion, why don't we get a preview to you for this. We could bring it back the next two weeks. We can indicate what our current processes are just as a reminder as well as where we are in the process with regards to our consultant. As Mike said, this dates back a few years. It started -- of course -- I know, Anita under Mr. Cohen. There's been a lot of staff time and consultant hours in this one. So we'll bring that up. Now, we've also got some questions with regards to design standards and mobility. We'd like to see where the consultant is with that. And we do apologize for not having that off of -- just off the hip. But this is a work in progress that does require -- or we think it requires a little bit more community interaction, because we do know how important this is to the community. So if it's okay with you, we'll bring you back a report in two weeks, and then at that point, perhaps you could give us some further guidance, if that will work. COMMISSIONER LoCASTRO: That's what the motion is, that in two weeks you would bring back something with a lot more detail in it. MR. FRENCH: We will bring back where we are in this process with the consultant, and if we can -- and if we can break out where they are with just the storage facilities, we will certainly report on that as well. But we'll bring you back all available data that we have just in a report fashion, and if you choose to table this or want to Page 129 September 13, 2022 have further discussion on it at that point, of course we'll work with Mr. Klatzkow's office going forward. But, clearly, we want to demonstrate to you we didn't think that it was ready for, lack of a better term, prime time, but we'll bring you back where we are as far as in progress in two weeks, if that will work. COMMISSIONER LoCASTRO: I guess I'd amend my motion to say I'd like you to bring it back in two weeks and look for the commissioners to consider, you know, based on those results, a moratorium or not a moratorium or an accelerated East Naples, you know, rezone overlay or something in the middle. MR. FRENCH: And staff may be in a better position to actually make a request of the Board at that point. COMMISSIONER TAYLOR: And I'm happy to amend my second to -- CHAIRMAN McDANIEL: So basically you're -- you're basically going to continue this item for the next two weeks before we make a decision? COMMISSIONER LoCASTRO: I mean, you could say that, or the motion is to approve the -- CHAIRMAN McDANIEL: No. It's either continued till next two weeks, or you're going to make a motion to bring back a moratorium. Because I'm not supporting a moratorium. I'll support bringing it back in two weeks and having further discussion -- COMMISSIONER LoCASTRO: Great. CHAIRMAN McDANIEL: -- but I'm not going to support a moratorium. COMMISSIONER LoCASTRO: Okay. Well, if they come back in two weeks and part of the -- well, I don't have a crystal ball, so I look for your support, and if your support is that you agreed to have them come back here in two weeks -- they might come back Page 130 September 13, 2022 here in two weeks and their recommendation is a moratorium, and at such time you will vote no, but maybe the other commissioners will be a little bit more open to facts. CHAIRMAN McDANIEL: Basically, you've amended your motion to continue this item for two weeks. COMMISSIONER LoCASTRO: Sure. COMMISSIONER TAYLOR: Seconder agrees. CHAIRMAN McDANIEL: You're okay with that. Are you okay with that? COMMISSIONER LoCASTRO: And that's the same result, so I'm happy. COMMISSIONER SAUNDERS: Well, I'm trying to think of what the future holds here. You're asking this item to be continued, so in two weeks we're going to be talking about whether or not we're going to advertise an ordinance. MR. KLATZKOW: I'm going to advertise the ordinance unless told otherwise, and you'll have it, and you can make your decision. Understanding that people can -- CHAIRMAN McDANIEL: I don't know why you would advertise an ordinance right now, because I'm up here hearing three of us say we're not in support of a moratorium until we review it. MR. KLATZKOW: I've heard different, sir. COMMISSIONER SAUNDERS: Okay. I have no problem in the County Attorney drafting the ordinance and advertising it and bringing it back. I'm just saying that I may not support it when it comes back. COMMISSIONER LoCASTRO: Right. And he's not advertising that there is an ordinance. It's just a proposal, correct? MR. KLATZKOW: No, no. That's why I need direction from you. I can advertise an ordinance, and I have to do it today for your next meeting or not. It's the pleasure of the Board. Page 131 September 13, 2022 COMMISSIONER SOLIS: Can I make a suggestion? CHAIRMAN McDANIEL: Yes. Commissioner Solis, you're lit up really being very patient down there. COMMISSIONER SOLIS: I didn't really get a chance to finish. I mean, I think -- I think what I'm hearing is what would be helpful is to have at least some preview of what the recommendations are going to be because, as I see it, if one of the recommendations is we should just not allow storage units anymore, okay, then that's one thing, and it -- and a moratorium, you know, puts that in a different light. But if that's not the case -- and I think one of the problems, as I recall -- this is coming back to me -- is the whole -- structurally out there there's very few things that can actually commercially work on some of those lots other than a storage unit, because there's no room for parking. They're so narrow. Access is an issue. I think it's just -- it's way more complicated. But I'm not against having staff come back with some kind of preliminary, albeit, soft summary of where it stands so that we can get a feel for it, and then we can talk about, you know, whether the moratorium makes any sense. But right now, I mean, yeah -- I'm not against having more discussion, but I need more information before I would consider it. CHAIRMAN McDANIEL: Commissioner Taylor. COMMISSIONER TAYLOR: Commissioner Solis, please be assured that Tindale and Oliver and the planning process from our county are acutely aware of the limitations of what can be built along U.S. 41. Unfortunately, the residents aren't or they don't accept it. So there's a problem that we have in communication. So I think to have that discussion at our next meeting would be very helpful for everyone and for the residents to hear from us and our reactions. Because it's clear. I've sat through these meetings and it's, you know, we want, we want, we want, but what is reality, Page 132 September 13, 2022 reality, reality? And I think -- I think now the rubber hits the road. COMMISSIONER SOLIS: And I totally agree, and I -- and I understand Commissioner LoCastro's issue. I mean, it is -- it is a problem, but we have to understand what we can do because, otherwise, I mean, I think we can box ourselves into a taking, and then we end up -- CHAIRMAN McDANIEL: Getting sued. COMMISSIONER SOLIS: -- you know, end up having to buy a bunch of these lots for -- and we shouldn't do that. So I don't think we should box ourselves in like that. COMMISSIONER TAYLOR: I think when you bring it back, it would be very helpful to say, okay, this is your typical lot. These are the dimensions. What can be -- what can be built here based on our current zoning? And you've got that information. I know you do. MR. FRENCH: Commissioner, what we'll do is we'll look at all the -- all the past studies but also all the lots. We would only focus on those vacant lots. Most of them are going to be in a C-3 zoning which would require rezone anyway. They would not be available for the conditional -use process currently through the Hearing Examiner. But we'll bring back all of those vacant lots that exist. COMMISSIONER TAYLOR: Thank you. MR. FRENCH: Along the U.S. 41, in that same area, Commissioner. CHAIRMAN McDANIEL: Do you have a say? COMMISSIONER LoCASTRO: To quote my esteemed colleague, Commissioner Solis, it is a problem. So that's why we have the East Naples Development Plan, and that's why we've turned it into the East Naples rezoning overlay so that we can get the benefits of hundreds of thousands of dollars worth of research to tell Page 133 September 13, 2022 us where we can do better. If we have a problem, our job is to find solutions, and we've got to stop kicking the can in District 1 in East Naples. It doesn't look better today than it did in 2016. So I agree there is a problem. And if someone's got a better solution, great. But it sounds like this proposal's come up several times and failed for maybe, you know, small, big, or medium reasons. But, you know, I'm here to tell you, I'm raising my hand because I'm trying to find a solution in my district to manage growth better, and I can't wait for the results of this plan. I'd like to see it in its entirety. I'm not against waiting two weeks and feeling -- and finding out how we chip out a piece and sort of artificially accelerate just the part about storage units. But, you know, we'll see in 14 days what that nets. But I think we're not getting the full benefit of the entire study if we do that. But, you know, we'll see what it says. But there is a problem. It's our job to find a solution, and I'm representing the constituents who are tired of looking at that problem and hearing the can kick for what they perceive as formalities. I disagree. If somebody told me there's pieces of land and the only thing that can go on that piece of land is a storage unit, it's that or nothing, wow. I mean, that's an engineer or developer or designer that I wouldn't hire. There's always multiple things that can go there. If you need parking, there's creative ways to do parking. So somebody better not tell me in this room that a big chunk of green space I have left in District 1 can only be storage units, I mean, I think that's very naive. I want to -- and so that's why I'm looking forward to this study, and I don't want to artificially see a bunch of things force fed in my community in that once we get this study, the study may not have supported those five, six, seven, two things that were built between now and when the study comes, and we go, wow, Page 134 September 13, 2022 if we had to do it all over again, boy, this study sure gave us a lot of great information. It would have been nice to have that back in November, December, January, February, March, April, May when a few things were sort of, you know, squeezed in to District 1, and they actually don't meet the requirements of what the overlay states. MR. BOSI: Mike Bosi, Planning and Zoning Director. And just to reiterate, the study's done. The East Naples Community Development Study has been accepted. What we are designing is the implementation, the design standards, the mobility standards, the residential standards that will create the overlay. So what I can do is send out the adopted East Naples Development Plan as a precursor to the executive summary we're going to put together that will be the high-level overlay key pieces that the Board could review, and then I make a better evaluation as to how you guys would like to move forward. COMMISSIONER LoCASTRO: It sounds great. CHAIRMAN McDANIEL: So are we continuing it, or are we voting on a moratorium? COMMISSIONER LoCASTRO: We'll continue it. CHAIRMAN McDANIEL: Continue it for two weeks? COMMISSIONER LoCASTRO: Yes. CHAIRMAN McDANIEL: It's been moved and seconded we continue this item for two weeks. MR. KLATZKOW: Do you want me to advertise an ordinance or not? CHAIRMAN MCDANIEL: No. COMMISSIONER LoCASTRO: No. MR. KLATZKOW: Okay. CHAIRMAN McDANIEL: It's been moved and seconded we continue the item for two weeks. Any other discussion? (No response.) Page 135 September 13, 2022 CHAIRMAN McDANIEL: All in favor? COMMISSIONER SOLIS: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN McDANIEL: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN McDANIEL: Opposed, same sign, same sound. (No response.) CHAIRMAN McDANIEL: So moved. All right. Item # 1013 RESOLUTION 2022-141; A RESOLUTION AUTHORIZING THE FORMATION OF A "FRIENDS OF THE COLLIER COUNTY VETERAN'S NURSING HOME" FOR THE PURPOSE OF SOLICITING AND RECEIVING FUNDING FOR DEVELOPING ANCILLARY SERVICES GENERALLY NOT PROVIDED WITHIN A STATE OPERATED FACILITY AT THE FUTURE COLLIER COUNTY VETERAN'S NURSING HOME - MOTION BY COMMISSIONER SAUNDERS TO APPROVE; SECONDED BY COMMISSIONER LOCASTRO — ADOPTED MS. PATTERSON: Item 1013 is an add -on item. It's a recommendation to approve a resolution authorizing the formation of a friends of the Collier County veterans nursing home for the purpose of soliciting and receiving funding for developing ancillary services generally not provided within a state -operated facility at the future Collier County veterans nursing home. This is being brought forward at Commissioner Saunders' request. CHAIRMAN McDANIEL: Commissioner Saunders. Page 136