Agenda 01/14/2025 Item # 9E (Ordinance: Petition PL20220005822)1/14/2025
Item # 9.E
ID# 2024-2253
Executive Summary
Recommendation to approve an Ordinance amending the Collier County Growth Management Plan to create the
Barefoot Williams Commercial Subdistrict to allow the development of 11,000 square feet of gross floor area of
commercial uses, of which a car wash may be 5,000 square feet of gross floor area. The subject property is located on the
south side of Tamiami Trail East (U.S. 41), approximately 350 feet east of the intersection of Tamiami Trail and
Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of ±1.92
acres. (Companion to item 9F)
OBJECTIVE: For the Board to approve (adopt) the proposed small-scale amendment to the Growth Management Plan
(GMP) and approve said amendment for transmittal to the Florida Department of Commerce.
CONSIDERATIONS: The petition seeks to amend the Future Land Use Element (FLUE), specifically to create a new
subdistrict, the Barefoot Williams Commercial Subdistrict, to allow a maximum of 11,000 square feet of
commercial/office uses, including a car wash (SIC 7542) with a maximum intensity of 5,000 square feet. A companion
petition (PL20220005137) would rezone the property from the Commercial Intermediate (C-3) zoning district to the
General Commercial zoning district (C-4) to allow a car wash and all permitted uses allowed within the C-3 zoning
district.
The ±1.92-acre site is currently zoned C-3 and undeveloped. Existing land uses in the surrounding area include
residential, commercial, and public facility uses.
The subject property is designated Urban, Urban Mixed-Use District, Urban Coastal Fringe Subdistrict and is within the
Coastal High Hazard Area (CHHA), all as identified on the Future Land Use Map (FLUM). The Urban Coastal Fringe
Subdistrict provides for transitional densities between the Conservation designated area and the remainder of the Urban
designated area. The CHHA is the geographical area lying below the elevation of the Category 1 storm surge line per the
Southwest Florida Regional Planning Council’s Hurricane Evacuation Study; increased density and expenditure of
public infrastructure are discouraged in this area.
The site is also identified on Map FLUE-11, part of the FLUM Series, which identifies properties deemed “consistent by
policy” (through the implementation of the Zoning Reevaluation Program in the 1990s). The property was granted an
exemption or compatibility exception and retained its Residential Tourist (RT) zoning designation. In 2000, the site was
rezoned to Commercial Intermediate District (C-3) by Ordinance 2000-81 via the Office and Infill Commercial
Subdistrict text-based provision in the FLUE.
The subject site is also located within the boundaries of the East Naples Community Development Plan (ENCDP) and
the proposed draft 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. Relevant to this petition, the applicant has committed to
providing native canopy trees along the US 41 East corridor, enhanced buffering along the US 41 frontage, a noise
attenuation wall along the southern property line where the car wash abuts a mobile home community, increased
building setbacks from US 41 East, a maximum of one double loaded drive aisle of parking in front of the buildings, and
separation of a quarter mile from an existing car wash facility – all of which are consistent with the proposed draft US
41 East zoning overlay.
Per Chapter 163.3187, Part II, Florida Statutes, limitations are in place for this type of small-scale amendment, as
identified below, followed by staff comments [italicized in brackets].
Process for adoption of small-scale comprehensive plan amendment.
(1) A small-scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer. [The amendment pertains to a property consisting
of ±1.92 acres.]
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local
government’s comprehensive plan but only proposes a land use change to the future land use map for a site-specific
small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with the
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Item # 9.E
ID# 2024-2253
small-scale future land use map amendment shall be permissible under this section. [This amendment involves a site-
specific text and map location.]
(c) The property that is the subject of the proposed amendment is not located within an area of critical state concern
unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the
criteria of s. 420.0004 (3), and is located within an area of critical state concern designated by s. 380.0552 or by the
Administration Commission pursuant to s. 380.05 (1). [The subject property is not within an Area of Critical State
Concern.]
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan
pursuant to s. 163.3177. [The amendment preserves the internal consistency between and among GMP elements.]
FINDINGS AND CONCLUSIONS: Staff reviewed this petition, including the supporting data and analysis, and made
the following findings and conclusions. Additional analysis is provided in the Staff Report to the CCPC.
• This petition proposes a small-scale Growth Management Plan amendment to create a subdistrict in the Urban
Commercial District allowing for a car wash limited to 5,000 square feet, in addition to 6,000 square feet of
[presently permitted] C-3 uses.
• There are no adverse environmental impacts as a result of this petition. The project has been historically
developed and cleared. 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.
• No historic or archaeological sites are affected by this amendment.
• There are no transportation or public utility-related concerns as a result of this petition and no concerns about
the impact on other public infrastructure.
• The proposed uses are expected to create minimal impact on the surrounding area.
• There is no demonstrated need for the proposed car wash use until 2033.
• Many of the project’s proposed development standards are consistent with the proposed draft US 41 East
zoning overlay.
• The site can potentially be rezoned to C-5 (utilizing the Office and Infill Commercial Subdistrict provision of
the FLUE) to allow more intensive land uses than those proposed by this petition.
[Note: Immediately east of the subject site, the Home Depot – SE Naples Commercial Subdistrict GMP amendment and
companion rezone (CPUD) to allow home improvement store uses (SIC 5211-5261) were approved by the Board in
mid-2024. As a result, the subject site became eligible for a rezone under the Office and Infill Commercial Subdistrict
text-based provision in the FLUE to allow a car wash without a GMPA. However, the petitioner requested to proceed
with the GMPA and rezone petitions to avoid delays [and fees] that may result from the withdrawal of the two petitions
and the submittal of another zoning petition (CPUD).]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the Collier
County Planning Commission forward petition PL20220005822 Barefoot Williams Commercial Subdistrict GMPA to
the Board of County Commissioners with a recommendation to approve and adopt and transmit to the Florida
Department of Commerce and other statutorily required agencies.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition
at its November 7, 2024, meeting. The Planning Commission voted unanimously to forward it to the Board with a
recommendation of approval. On January 7, 2025, a letter of objection was received. As such, this petition will be
placed on Advertised Public Hearings.
FISCAL IMPACT: Petition fees account for staff review time and materials and the cost of associated legal
advertising/public notice for the public hearings. Therefore, no fiscal impacts to Collier County result from the adoption
of this amendment.
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Item # 9.E
ID# 2024-2253
GROWTH MANAGEMENT IMPACT: The Board's adoption of the proposed amendment and its transmission to the
Florida Department of Commerce will commence the Department's thirty-day (30) challenge period for any affected
person. Provided the small-scale amendment is not challenged, it becomes effective thirty-one (31) days after Board
adoption.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by and subject to, the
procedures established in Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County
Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan
amendments shall be based on relevant and appropriate data and an analysis by the local government that may include
but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of
the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated
by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.”
163.3177(1)(f), F.S. In addition, s. 163.3177(6)(a)2, F.S. provides that FLUE plan amendments shall be based on
surveys, studies, and data regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of non-conforming uses
which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will strengthen and diversify the
community’s economy.
And FLUE map amendments shall also be based upon the following analysis pe s. 163.3177(6)(a)8, F.S.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the
undeveloped land, soils, topography, natural resources, and historic resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section.
This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an
Adoption hearing of the GMP amendment. (HFAC)
RECOMMENDATIONS: To adopt the Ordinance and transmit petition PL20220005822 to the Florida Department of
Commerce and other statutorily required agencies.
PREPARED BY: Michele R. Mosca, AICP, Planner III, Community Planning & Resiliency Division
ATTACHMENTS:
1. Ordinance - 01-06-2025
2. CCPC Staff Report Barefoot Williams Commercial Subdistrict
3. BCC & CCPC Back-up Barefoot Williams Commercial Subdistrict - CCPC Back-Up Documents
4. Affidavit of Posting Notice and Sign Photos
5. Letter of Objection - 1-7-25
6. legal ad - agenda IDs 24-2253 & 24-1989 - 11760 Tamiami Trail East GMPA & RZ (PL20220005822) & (PL20220005137)
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ORDINANCE NO. 2025-___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-
05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE
FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND
MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF
PROPERTY FROM URBAN, URBAN MIXED USE DISTRICT, URBAN
COASTAL FRINGE SUBDISTRICT TO COMMERCIAL DISTRICT,
BAREFOOT WILLIAMS COMMERCIAL SUBDISTRICT TO ALLOW
11,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL
USES, OF WHICH A CAR WASH MAY BE 5,000 SQUARE FEET OF
GROSS FLOOR AREA. THE SUBJECT PROPERTY IS LOCATED
ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST 350 FEET EAST
OF THE INTERSECTION OF TAMIAMI TRAIL AND BAREFOOT
WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE
26 EAST, CONSISTING OF 1.92± ACRES; AND FURTHERMORE,
DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO
THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20220005822]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, 11760 Property, LLC requested an amendment to the Future Land Use
Element and Future Land Use Map and Map Series to create the Barefoot Williams Commercial
Subdistrict; and
WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is
considered a Small-Scale Amendment; and
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WHEREAS the Subdistrict property is not located in a rural area of opportunity; and
WHEREAS, the Collier County Planning Commission (CCPC) on November 7, 2024
considered the proposed amendment to the Growth Management Plan and recommended
approval of said amendment to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and held public hearings concerning the proposed adoption of the
amendment to the Future Land Use Element and Future Land Use Map and Map Series of the
Growth Management Plan on ______________; and
WHEREAS, all applicable substantive and procedural requirements of law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH
MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this small-scale amendment to the
Future Land Use Element and Future Land Use Map and Map Series in accordance with Section
163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit “A” and
incorporated herein by reference.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after Board adoption. If timely challenged, this amendment shall become
effective on the date the state land planning agency or the Administration Commission enters a
final order determining this adopted amendment to be in compliance. No development orders,
development permits, or land uses dependent on this amendment may be issued or commence
before it has become effective.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _______ day of ________________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:________________________ By:_________________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Proposed Text Amendment & Map Amendment
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Exhibit A
BAREFOOT WILLIAMS COMMERCIAL SUBDISTRICT
FUTURE LAND USE ELEMENT
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TABLE OF CONTENTS
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II. IMPLEMENTATION STRATEGY
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FUTURE LAND USE MAP SERIES (Page vii)
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*Collier Boulevard / Interstate 75 Innovation Zone Overlay Map
*Airport Carlisle Mixed Use Subdistrict Map
*Belle Meade Hydrologic Enhancement Overlay Map
*Barefoot Williams Commercial Subdistrict Map
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Policy 1.5:
The URBAN Future Land Use Designation shall include Future Land Use District and Subdistricts for:
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C. URBAN-COMMERCIAL DISTRICT (Page 10)
1. Mixed Use Activity Center Subdistrict
2. Interchange Activity Center Subdistrict
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19. Ivy Medical Center Subdistrict
20. Barefoot Williams Commercial Subdistrict
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FUTURE LAND USE DESIGNATION
DESCRIPTION SECTION
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I. URBAN DESIGNATION
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b. Non-residential uses including:
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12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD
Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential
Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed
Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed
Use Subdistrict, Goodlette/Pine Ridge Mixed Use Subdistrict, Henderson Creek Mixed Use
Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict, Vanderbilt Beach Road
Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict, Davis‒Radio
Commercial Subdistrict, Meridian Village Mixed-Use Subdistrict, Vanderbilt Beach Road Mixed
Use Subdistrict; Isles of Capri Mixed Use Infill Subdistrict, Creekside Commerce Park East Mixed
Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict,
Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict,
Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial
Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial
Boulevard Commercial Infill Subdistrict, Orange Blossom/Airport Crossroads Commercial
Subdistrict, Logan Boulevard/Immokalee Road Commercial Infill Subdistrict, East Tamiami Trail
Commercial Infill Subdistrict, Seed to Table Commercial Subdistrict, Vanderbilt Beach
Commercial Tourist Subdistrict, Germain Immokalee Commercial Subdistrict, Greenway–
Tamiami Trail East Commercial Subdistrict, Bay House Campus Commercial Subdistrict, in the
Bayshore/Gateway Triangle Redevelopment Overlay; Radio Road Commercial Infill Subdistrict;
Ivy Medical Center Subdistrict; Barefoot Williams Commercial Subdistrict; and as allowed by
certain FLUE policies.
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C. Urban Commercial District (page 63)
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20. Barefoot Williams Commercial Subdistrict
The Barefoot Williams Commercial Subdistrict is approximately 1.92 acres and is located on the south side
of Tamiami Trail East (U.S. 41), approximately 350 feet east of Barefoot Williams Road, in Section 33,
Township 50 South, Range 26 East. It is depicted on the Barefoot Williams Commercial Subdistrict Map.
The purpose of this Subdistrict is to allow commercial intermediate uses and a car wash. Development in
this Subdistrict is subject to the following requirements and limitations:
a. The rezone Ordinance shall include development standards and buffers to ensure compatibility with the
surrounding properties.
b. Allowable uses shall be limited to:
1. Uses permitted by right in the C-3, Commercial Intermediate, zoning district as listed in the Collier
County Land Development Code (LDC), Ordinance No. 04-41, as amended.
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2. Car wash (Standard Industrial Classification 7542).
c. Development is limited to a maximum intensity of 11,000 square feet of gross floor area, of which a
car wash shall not exceed 5,000 square feet.
d. The car wash shall be subject to the following conditions in addition to other applicable LDC
requirements:
1. The minimum side yard setback shall be 10 feet when adjacent to a commercially zoned property.
2. A sound attenuation wall shall be: a) a minimum height of two feet higher than the entrance to the
car wash tunnel, but not exceed 12 feet in height above grade; and b) provided twenty-five (25) feet
from the rear property line along the entire width of the car wash facility, including the drive aisles
that serve the car wash.
e. The following standards apply to establishments with drive-through facilities (Group 5812 Eating
Places and 5813 Drinking Places) in addition to other applicable LDC requirements:
1. A maximum of 6,000 square feet of gross floor area in the principal structure.
2. In addition to satisfying design standards of LDC section 5.05.08 F.6., vehicular stacking lanes and
drive through lanes shall not be located closer to the US 41 right-of-way than the principal building.
f. No building or structure shall exceed a zoned building height of thirty -five (35) feet, and an actual
height of forty-two (42) feet.
g. Parking lots, vehicular use areas, and service function areas shall be located to the sides or rear of
buildings, no closer to US 41 than the principal building except that a maximum of one double loaded
drive aisle of parking is permitted in the front yard.
h. Landscaping for parking lots, vehicular use areas, and service function areas shall be designed in
accordance with LDC section 4.06.03, except that interior parking lot plantings shall be a maximum
of twenty-five (25) percent turf grass. The balance shall be shrubs or groundcover in planting areas.
i. Landscape buffers shall be designed in accordance with LDC section 4.06.00, except for the
following:
1. The 15-foot-wide Type ‘B’ front yard landscape buffer easement (LBE) shall be enhanced by:
a) Planting canopy shade trees (understory trees and palm trees may not be substituted for canopy
trees) spaced twenty-five (25) feet on center with trees having a minimum average mature
canopy spread of twenty (20) feet and an eight-foot vertical clearance for pedestrians, if
applicable, as determined by the County Manager or designee.
b) Planting only native vegetation, grass, ground cover, or other landscape treatment in
accordance with LDC section 4.06.00.
2. The 20-foot-wide Type ‘B’ rear yard LBE shall be enhanced with a minimum of five canopy trees
(understory and palm trees may not be substituted for canopy trees) per 100 linear feet.
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PL20220005822
GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 1
September 25, 2024
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: NOVEMBER 7, 2024
SUBJECT: PL20220005822 GROWTH MANAGEMENT PLAN AMENDMENT (GMPA):
BAREFOOT WILLIAMS COMMERCIAL SUBDISTRICT (ADOPTION
HEARING)
COMPANION TO: RZ-PL20220005137; 11760 TAMIAMI TRAIL EAST (C-4)
ELEMENTS: FUTURE LAND USE ELEMENT
AGENT/OWNER:
Agents: Robert J. Mulhere, FAICP Clay C. Brooker, Esq.
Ellen Summers, AICP Cheffy Passidomo, P.A.
Hole Montes, Inc. a Bowman Company 821 Fifth Avenue South
950 Encore Way Naples, FL 34102
Naples, FL 34110
Owner: 11760 Property, LLC
21 Sawgrass Drive
Lemont, IL 60439
GEOGRAPHIC LOCATION:
The ±1.92-acre subject property is located on the south side of Tamiami Trail East (US 41), approximately
350 feet southeast of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier
County, Florida. (Refer to the location and aerial maps on page 2.)
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GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 2
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SUBJECT SITE
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GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 3
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REQUESTED ACTION:
The applicant proposes a small-scale Growth Management Plan (GMP) amendment to the Future Land Use
Element (FLUE), specifically to create a new subdistrict, the Barefoot Williams Commercial Subdistrict.
The applicant also proposes to amend the countywide Future Land Use Map (FLUM) and create a new map
(“Barefoot Williams Commercial Subdistrict”) in the FLUM series of the FLUE, to identify the newly
created Subdistrict. The proposed GMP amendment is attached as Exhibit “A”.
PURPOSE/DESCRIPTION OF PROJECT:
To redesignate the property from the Urban Coastal Fringe Subdistrict to the Barefoot Williams
Commercial Subdistrict to permit a maximum of 11,000 square feet of commercial/office uses, including a
car wash (SIC 7542) with a maximum intensity of 5,000 square feet.
A companion petition (PL20220005137) would rezone the property from Commercial Intermediate (C-3)
zoning district to General Commercial zoning district (C-4) to allow a car wash and all permitted uses
allowed within the C-3 zoning district.
EXISTING CONDITIONS:
Subject Property:
The ±1.92-acre site is currently zoned C-3 and undeveloped. The subject property is designated Urban,
Urban Mixed-Use District, Urban Coastal Fringe Subdistrict and is within the Coastal High Hazard Area
(CHHA), all as identified on the FLUM.
Surrounding Lands:
North – Future Land Use Designation: Urban Residential Subdistrict. Zoned: Public Use. Land Use:
Donna Fiala Eagle Lakes Community Park (across Tamiami Trail East, a major arterial).
East – Future Land Use Designation: Urban Commercial District, Home Depot – SE Naples
Commercial Subdistrict. Zoned: CPUD. Land Use: The lot abutting the subject site is developed with the
WAVV Radio FM 101 facility and the remaining lots within the Subdistrict are undeveloped.
South – Future Land Use Designation: Urban Mixed-Use District, Coastal Fringe Subdistrict. Zoned:
RT. Land Use: Hitching Post mobile home park.
West – Future Land Use Designation: Urban Mixed-Use District, Coastal Fringe Subdistrict. Zoned:
C-3. Land Use: RaceTrac gas station.
In summary, the existing land uses in the surrounding area are a mix of residential, commercial, and public
facility uses. Activity Center #18, at the intersection of Collier Boulevard and Tamiami Trail East, is
approximately 2 miles east of the subject property.
BACKGROUND AND ANALYSIS:
The FLUM designation on this property is Urban, Urban Mixed-Use District, Urban Coastal Fringe
Subdistrict and located within the Coastal High Hazard Area (CHHA). The Urban Coastal Fringe
Subdistrict provides for transitional densities between the Conservation designated area and the remainder
of the Urban designated area. The CHHA is the geographical area lying below the elevation of the Category
1 storm surge line per the Southwest Florida Regional Planning Council’s Hurricane Evacuation Study;
increased density and expenditure of public infrastructure is discouraged in this area.
The site is also identified on Map FLUE-11, part of the FLUM Series which identifies properties deemed
“consistent by policy” (through implementation of the Zoning Reevaluation Program in the 1990s). The
property was granted an exemption or compatibility exception) and retained its Residential Tourist (RT)
zoning designation. In 2000, the site was rezoned to Commercial Intermediate District (C-3) by Ordinance
2000-81 via the Office and Infill Commercial Subdistrict text-based provision in the FLUE.
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GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 4
September 25, 2024
The entire subject site is also located 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 vi sion of the
community; the Board of County Commissioners accepted the ENCDP in October 2020.
East Naples Community Development Plan (ENCDP):
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 community 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. The proposed zoning overlay has not yet been
reviewed or adopted by the BCC due to a State legislative preemption that prohibits counties and
municipalities from adopting more restrictive regulations in their respective comprehensive plan and land
development code (LDC) until Oct. 1, 2026.
The ENCDP identifies car wash use as an undesirable use and discourages the development of these
commercial facilities along the US 41 East corridor. However, the proposed draft US 41 East zoning
overlay provides criteria for the development of car washes and other identified undesirable uses in in the
ENCDP, including locational separation of a quarter mile from a like use, enhanced buffering, and increased
setbacks.
Relevant to this petition, the applicant has committed to providing native canopy trees along the US 41 East
corridor, enhanced buffering along the US 41 frontage, a noise attenuation wall along the southern property
line where the car wash abuts a mobile home community, increased building setbacks from US 41 East, a
maximum of one double loaded drive aisle of parking in front of the buildings, and separation of a quarter
mile from an existing car wash facility – all of which are consistent with the proposed draft US 41 East
zoning overlay.
Home Depot Land Use Approval – East of the Subject Project:
The Home Depot – SE Naples Commercial Subdistrict, located immediately to the east of the proposed
Subdistrict, allows up to a maximum of 140,000 square feet of commercial/office uses, including home
improvement store uses (SIC 5211-5261). This Subdistrict was adopted by the BCC and transmitted to the
Florida Department of Commerce in April 2024 and became in effect in May 2024. As a result of this
approval, the subject project became eligible for the FLUE text-based Office and Infill Commercial (OIC)
Subdistrict provision. The OIC Subdistrict would allow the subject property to rezone from its current
Commercial Intermediate District (C-3) to the highest intensity commercial zoning district of the abutting
site (CPUD). The Home Depot Commercial Subdistrict allows uses consistent with the Heavy Commercial
District (C-5) and the C-3 zoning district. The proposed car wash use is an allowed use within the General
Commercial District (C-4) of the LDC. Accordingly, the subject site would be eligible to develop with C-
3, C-4, and C-5 commercial uses without the need for a GMP amendment.
Compatibility:
FLUE Policy 5.6 requires new land uses to be compatible with, and complementary to, surrounding land
uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, a compatibility
analysis might include a review of allowed use intensities and densities, development standards (building
heights, setbacks, landscape buffers, etc.), building mass, building location, and orientation, architectural
features, amount and type of open space, and location.
The area surrounding the proposed subdistrict is generally mixed-use in nature, as demonstrated in the
Existing Conditions section of this report. Planning principals support locating higher intensity
development closer to major roadways, with use intensities transitioning lower into residential
neighborhoods. Locating this project along a six-lane arterial roadway provides a transition to the mobile
home recreation area and mobile home community immediately south of the proposed project. Enhanced
Page 1073 of 6405
PL20220005822
GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 5
September 25, 2024
buffering and noise attenuation wall between the proposed car wash and neighboring residents will also
help the transition from commercial to the mobile home recreational area and mobile homes.
Compatibility can be more specifically addressed within the companion zoning petition, but staff finds that
the requested uses will be compatible with the surrounding area (at the level at which GMP amendments
are reviewed for compatibility) and, in accordance with best practices, that this is an appropriate location
to provide for this car wash use.
Needs Analysis:
Real Estate Econometrics conducted a market study, which is included in the backup materials, analyzing
market conditions for the subject site by identifying a trade area (3-mile radial distance and utilizing
demographic data from ESRI) with estimated population, use saturation, and supply. Staff notes the
following from the market analysis:
• The current population in the trade area is expected to increase by 4,500 drivers over the next 10
years per ESRI projections.
• Expenditures on vehicle cleaning services are expected to increase over the next 10 years, based on
increased drivers projected in the trade area.
• The population in the trade area is currently served by five (5) competing car washes . (This figure
does not include [non-competing] car washes accessory to gasoline service stations.)
Based on the market study, staff notes there is a sufficient supply of car washes (5) in the trade area to serve
the current market until 2033. Additionally, there are other C-4 (and C-5) zoned properties in the trade area
that could accommodate a future car wash when demand increases. Finally, there is the potential for the
subject car wash, if approved, to take away a portion of the existing facilities’ demand until such time as
demand increases to warrant another car wash in the area.
CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES:
Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163,
F.S., specifically as listed below.
Section 163.3177(1)(f), Florida Statutes:
(f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based
upon relevant and appropriate data and an analysis by the local government that may include, but not
be limited to, surveys, studies, community goals and vision, and other data available at the time of
adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an
appropriate way and to the extent necessary indicated by the data available on that particular subject at
the time of adoption of the plan or plan amendment at issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed
a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys,
data, and supporting documents for proposed plans and plan amendments shall be made available
for public inspection, and copies of such plans shall be made available to the public upon payment
of reasonable charges for reproduction. Support data or summaries are not subject to the compliance
review process, but the comprehensive plan must be clearly based on appropriate data. Support data
or summaries may be used to aid in the determination of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a methodology
utilized in data collection or whether a particular methodology is professionally accepted may be
evaluated. However, the evaluation may not include whether one accepted methodology is better
than another. Original data collection by local governments is not required. However, local
governments may use original data so long as methodologies are professionally accepted.
Page 1074 of 6405
PL20220005822
GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 6
September 25, 2024
3. The comprehensive plan shall be based upon permanent and seasonal population estimates and
projections, which shall either be those published by the Office of Economic and Demographic
Research or generated by the local government based upon a professionally acceptable
methodology. The plan must be based on at least the minimum amount of land required to
accommodate the medium projections as published by the Office of Economic and Demographic
Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including
related rules of the Administration Commission. Absent physical limitations on population growth,
population projections for each municipality, and the unincorporated area within a county must, at
a minimum, be reflective of each area’s proportional share of the total county population and the
total county population growth.
Section 163.3177(6)(a)2., Florida Statutes:
2. The future land use plan and plan amendments shall be based upon surveys, studies, and data
regarding the area, as applicable, including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent
with s. 333.02.
h. The discouragement of urban sprawl.
i. The need for job creation, capital investment, and economic development that will strengthen
and diversify the community’s economy.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(6)(a)8., Florida Statutes:
(a) A future land use plan element designating proposed future general distribution, location, and extent of
the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation,
education, public facilities, and other categories of the public and private uses of land. The approximate
acreage and the general range of density or intensity of use shall be provided for the gross land area
included in each existing land use category. The element shall establish the long-term end toward which
land use programs and activities are ultimately directed.
8. Future land use map amendments shall be based upon the following analyses:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic resources
on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements
for a Plan Amendment. For this petition, a market study was provided by the applicant.
Page 1075 of 6405
PL20220005822
GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 7
September 25, 2024
Section 163.3187, Florida Statutes:
Process for adoption of small scale comprehensive plan amendment. (Requirements to qualify for the Small-
Scale amendment process.)
(1) A small scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises ±1.92
acres.]
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of
the local government’s comprehensive plan, but only proposes a land use change to the future land use
map for a site-specific small-scale development activity. However, text changes that relate directly to,
and are adopted simultaneously with, the small-scale future land use map amendment shall be
permissible under this section. [This amendment does include a text change to the Comprehensive Plan
and those text changes are directly related to the proposed future land use map amendment.]
(c) The property that is the subject of the proposed amendment is not located within an area of critical
state concern, unless the project subject to the proposed amendment involves the construction of
affordable housing units meeting the criteria of s. 420.0004(3) and is located within an area of critical
state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1).
[The subject property is not located within an Area of Critical State Concern.]
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency
of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were
set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be
amendments. [This amendment preserves the internal consistency of the plan and is not a correction,
update, or modification of current costs which were set out as part of the comprehensive plan.]
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
A NIM was held on July 24, 2023, at Rookery Bay National Estuarine Research Preserve, 300 Tower
Road, Naples, FL 34113. The meeting commenced at approximately 5:30 p.m. and adjourned at
approximately 5:42 p.m. One member from the public attended the meeting in-person and two individuals
attended the meeting by Zoom. The applicant’s agent, Ellen Summers, AICP, explained the request for the
proposed rezone and the companion small scale Growth Management Plan amendment. An attendee asked
about the proposed use(s) for the remaining site acreage after the car wash was developed. The agent
responded that the use(s) is unknown at this time.
The Administrative Code requires a second NIM be held when a petition has not been scheduled for public
hearings within a year of the initial NIM. Over a year has elapsed since the first NIM was held in 2023. As
a result, the petitioner conducted a second NIM on October 2, 2024, at Rookery Bay National Estuarine
Research Preserve, 300 Tower Road, Naples, FL 34113. The meeting commenced at approximately 5:30
p.m. and adjourned at approximately 5:43 p.m. There were two members of the public present. The
applicant’s agent, Ellen Summers, AICP, explained the request for the proposed rezone and the companion
small scale Growth Management Plan amendment. The attendees did not ask questions or raise any
concerns regarding the proposed project.
The NIM documentation is included in the CCPC backup materials.
Page 1076 of 6405
PL20220005822
GMPA-PL20220005822, Barefoot Williams Commercial Subdistrict 8
September 25, 2024
FINDINGS AND CONCLUSIONS:
• This petition proposes a small-scale Growth Management Plan amendment to create a subdistrict
in the Urban Commercial District allowing for a car wash, limited to 5,000 square feet, in addition
to 6,000 square feet of [presently permitted] C-3 uses.
• There are no adverse environmental impacts as a result of this petition. The project has been
historically developed and cleared. 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.
• No historic or archaeological sites are affected by this amendment.
• There are no transportation or public utility-related concerns as a result of this petition.
• There are no concerns about impacts on other public infrastructure.
• The site’s use will create minimal impact on the surrounding area.
• There is not a demonstrated need for the proposed car wash use until 2033.
• Many of the project’s proposed development standards are consistent with the proposed draft US
41 East zoning overlay.
• The site can be potentially rezoned to C-5 (utilizing the Office and Infill Commercial Subdistrict
provision of the FLUE) to allow more intensive land uses than the proposed limited car wash use
allowed in the C-4 zoning district.
LEGAL REVIEW: The County Attorney’s office reviewed the staff report on October 15, 2024.
STAFF RECOMMENDATION:
Staff recommends the Collier County Planning Commission forward petition PL20220005822 Barefoot
Williams Commercial Subdistrict GMPA to the Board of County Commissioners with a recommendation
to approve and adopt and transmit to the Florida Department of Commerce and other statutorily required
agencies.
NOTE: This petition has been tentatively scheduled for the January 14, 2025, BCC meeting date.
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January 7, 2025
Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail
Naples, FL 34112
Email: Geoffrey.Willig@colliercountyfl.gov
Re: Objection to Proposed Amendment to Ordinance
Ordinance No. 89-05, Collier County GMP
Barefoot Williams Property – Proposed Car Wash
Dear Collier County Board of County Commissioners,
We write to you on behalf of two local, established car wash businesses serving our local community: (1)
Pump & Munch Car Wash located at 9995 Tamiami Trail East, Naples, Florida, and (2) Dolphin Auto Spa
Express Car Wash located at 6240 Collier Blvd, Naples, Florida. Both of our car washes are within the
very close vicinity of the proposed car wash with our locations being 2.2 miles and 2.4 miles away,
respectively. We write this letter to raise our concerns and objections to the proposal.
The Applicant claims that the area is in need of another car wash, but that could not be further from the
truth. A simple review of the associated maps would show that there are already five substantial car
washes within just a three mile radius of the proposed location. Five car washes in this small vicinity is
far more than would reasonable for the population in the area, and this oversaturation of the market is
exacerbated when out of season. The insertion of another car wash in this oversaturated market will
create unmerited stress on the car washes that already serve the limited market in the area and potentially
lead to business closures. The Applicant attempts to distinguish itself in the nature of its car wash
business, but the reality is that four of the nearby five car washes are essentially identical. Even the
County Staff noted their concerns associated with the “high proportion of car washes . . . .”
The Applicant also attempts to paint the approval of the car wash as somehow serving the needs of the
local community, but it is difficult to ascertain what needs are being served when there are so many car
washes in the area already providing identical service with almost identical facilities. An oversaturation
of the market does not serve the local community. It does, however, create strain on local businesses that
can lead to closures of the already existing businesses.
Additionally, the Application appears to rely heavily on the argument that the proposal is permitted on the
basis that the Home Depot adjacent property has permitted uses of C-5, pursuant to Ordinance 2024-08.
Docusign Envelope ID: 286F8503-9385-49E3-B18D-19FAD5762B4F
Page 1259 of 6405
A review of Ordinance 2024-08, however, clearly reflects that the Home Depot has permitted uses of only
C-3. A reliance on the Home Depot zoning being C-5 to permit the car wash is incorrect.
We look forward to attending the hearing to provide our comments in person, and we reserve the right to
raise additional matters at the hearing.
Sincerely,
Pump & Munch
Jalal “Jay” Shehadeh
Dolphin Auto Spa
Diane Calabrese
Docusign Envelope ID: 286F8503-9385-49E3-B18D-19FAD5762B4F
Page 1260 of 6405
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCES
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 January 14, 2025, in the Board of County Commissioners
meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND
FUTURE LAND USE MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION
OF PROPERTY FROM URBAN, URBAN MIXED USE DISTRICT, URBAN COASTAL FRINGE
SUBDISTRICT TO COMMERCIAL DISTRICT, BAREFOOT WILLIAMS COMMERCIAL
SUBDISTRICT TO ALLOW 11,000 SQUARE FEET OF GROSS FLOOR AREA OF
COMMERCIAL USES, OF WHICH A CAR WASH MAY BE 5,000 SQUARE FEET OF GROSS
FLOOR AREA. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF
TAMIAMI TRAIL EAST 350 FEET EAST OF THE INTERSECTION OF TAMIAMI TRAIL AND
BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
CONSISTING OF 1.92± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20220005822]
AND
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN
INTERMEDIATE COMMERCIAL DISTRICT (C-3) ZONING DISTRICT TO A
GENERAL COMMERCIAL DISTRICT (C-4) ZONING DISTRICT LIMITED TO 11,000
SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL USES OF WHICH 5,000
SQUARE FEET OF GROSS FLOOR AREA MAY BE CARWASH, WITH CONDITIONS;
PROVIDING FOR PARTIAL REPEAL OF ORDINANCE NO. 00-81 AND RESOLUTION NO. 12-
253. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL
EAST 350 FEET EAST OF THE INTERSECTION OF TAMIAMI TRAIL AND BAREFOOT
WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING
OF 1.92± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220005137]
Page 1261 of 6405
A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
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 participation is 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 Geoffrey.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.
Page 1262 of 6405
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Jennifer Hansen
Deputy Clerk (SEAL)
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