Agenda 01/14/2025 Item # 9F (Ordinance rezoning real property from an Intermediate Commercial (C-3) Zoning District to a General Commercial (C-4) Zoning District)1/14/2025
Item # 9.F
ID# 2024-1989
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 approve an Ordinance rezoning real property from
an Intermediate Commercial (C-3) Zoning District to a General Commercial (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 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.
(Companion to item 9E)
OBJECTIVE: To have the Board of County Commissioners (“Board”) review staff’s findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced
petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable
codes and regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS: The subject property is located on the south side of Tamiami Trail East, 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. The applicant is requesting to rezone the subject property from
the Commercial Intermediate (C-3) Zoning District to the General Commercial (C-4) Zoning District. The request to
rezone to the C-4 Zoning District Use is limited to a single use: a car wash facility. The rezone will also allow the full
range of C-3 uses (as current C-3 zoning allows). A companion SSGMPA has also been submitted to permit the desired
uses and to establish the maximum allowed intensity (square feet). This rezone request includes conditions of approval
(Exhibit A), which impose a number of restrictions and design requirements related to the car wash and to eating and
drinking establishments with drive-through facilities in an attempt to address the staff recommended (but as yet not
adopted) US 41 East Zoning Overlay District Land Development Code Amendments (LDCA).
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition
RZ-PL20220005137 on November 7, 2024, and by a vote of 7 to 0 recommended to forward this petition to the Board
with a recommendation of approval. The CCPC approval was unanimous. On January 7, 2025, a letter of objection was
received. As such, this petition will be placed on Advertised Public Hearings.
FISCAL IMPACT: Collier County collects impact fees prior to the issuance of a Certificate of Occupancy 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 the adopted
Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include
building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by
staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed rezoning petition
and has found it not consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). See
GMP amendment Staff Report for detailed analysis. This rezoning may only be deemed consistent with the FLUE if the
companion GMPA (PL20220005822) is approved and goes into effect, and the uses and intensities in this rezoning align
with those in the GMPA. It should be noted that the applicant could have utilized the Office and In-fill Commercial
Subdistrict to gain consistency with the Growth Management Plan, but due to the length of time (over two years), the
petition has been under review, opted to move forward with the proposed GMP-Amendment to gain GMP consistency,
rather than submit a new application and the review process.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 16, 2023, Traffic Impact
Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using
the 2022 and 2023 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
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Item # 9.F
ID# 2024-1989
“The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions,
and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or
intensity of permissible development, with consideration of their impact on the overall County transportation system,
and shall not approve any petition or application that would directly access a deficient roadway segment as
identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the
current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently
operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR
planning period, unless specific mitigating stipulations are also approved. A petition or application has significant
impacts if the traffic impact statement reveals that any of the following occur:
1. 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;
2. 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
3. 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.”
Staff findings: According to the Traffic Impact Statement (TIS) provided with this petition, the proposed development
will generate a projected total of +/- 127 PM peak hour, as well as 2-way trips on the adjacent roadway segments of
Tamiami Trail East (US 41). The trips generated by this development will occur on the following adjacent roadway
link:
Link/Roadway Link
Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected P.M.
Peak Hour/Peak
Direction
Project Trips (1)
2022 AUIR
LOS/
Remaining
Capacity
2023 AUIR
LOS/Remaining
Capacity
93.0/Tamiami
Trail East
(US-41)
Rattlesnake
Hammock Rd to
Triangle Blvd
3,000/East 29/East D/280 (2) D/307 (2)
(1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the June 16, 2023, Traffic Impact Statement provided by the
petitioner.
(2) Expected Deficiency due to Trip Bank not caused by this proposed development (see State Statute 163.3180). Additionally, this
development is located in the recently expanded Traffic Congestion
Exception Area (TCEA). Provisions of Florida Statute 163.3180:
• 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 a credit for the anticipated road impact fees.
• The expected and existing deficiencies are not caused by this proposed development.
Based on the TIS, the 2022 and 2023 AUIR, State Statute 163.3180, and the TCEA provisions of the GMP, the subject
rezone can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The
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Item # 9.F
ID# 2024-1989
Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this
project within the 5-year planning period.
Conservation and Coastal Management Element (CCME): Environmental staff evaluated the petition. The property
is 1.92 acres; the project is consistent with the goals, objectives, and policies of the CCME.
LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Intermediate Commercial (C-3) Zoning
District to the General Commercial (C-4) Zoning District, with conditions. The attached staff report and the required
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 rezone 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
1. Will the proposed change be consistent with the goals, objectives, policies and future land use map and the
elements of the Growth Management Plan?
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 that 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 deem important in protecting public health, safety, and welfare?
This item has been approved as to form and legality, and it requires an affirmative vote of four for Board approval.
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. (HFAC)
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Item # 9.F
ID# 2024-1989
RECOMMENDATIONS: To approve the request for Petition RZ-PL20220005137, 11760 Tamiami Trail East.
PREPARED BY: Timothy Finn, AICP, Planner III, Zoning Division
ATTACHMENTS:
1. Staff Report- 11760 Tamiami Trail East (RZ)
2. Attachment A - Proposed Ordinance revised 12-06-24
3. Attachment B - Application-Backup Materials
4. Attachment C - Hearing Advertisement Signs
5. Attachment D - Letter of Objection
6. legal ad - agenda IDs 24-2253 & 24-1989 - 11760 Tamiami Trail East GMPA & RZ (PL20220005822) & (PL20220005137)
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 1 of 15
STAFF REPORT
TO:COLLIER COUNTY PLANNING COMMISSION
FROM:ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY
DEVELOPMENT DEPARTMENT
HEARING DATE:NOVEMBER 7, 2024
SUBJECT: RZ-PL20220005137; 11760 TAMIAMI TRAIL EAST
COMPANION ITEM: PL20220005822; 11760
TAMIAMI TRAIL EAST (GMPA)
PROPERTY OWNER/AGENTS:
Owner/Applicant:
11760 Property, LLC
21 Sawgrass Drive
Lemont, IL 60439
Agents:
Robert J. Mulhere, FAICP, President Clay C. Brooker, Esq.
Ellen Summers, AICP, Senior Planner
Hole Montes, Inc., a Bowman Company
Cheffy Passidomo, P.A.
821 Fifth Avenue South
950 Encore Way Naples, FL 34102
Naples, FL 34110
REQUESTED ACTION:
The applicant is requesting that the Collier County Planning Commission (CCPC) consider an
application to amend 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 from an Intermediate Commercial (C-
3) Zoning District to a General Commercial (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 partial repeal of Ordinance No. 00-81 and Resolution No. 12-253.
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 2 of 15
GEOGRAPHIC LOCATION:
The subject property is located on the south side of Tamiami Trail East, 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. (see location map).
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 3 of 15
PURPOSE/DESCRIPTION OF PROJECT:
This is a request to rezone the subject property from the Commercial Intermediate (C-3) Zoning
District to the General Commercial (C-4) Zoning District. The request to rezone to the C-4 Zoning
District Use is limited to a single use: a car wash facility. The rezone will also allow the full range of
C-3 uses (as current C-3 zoning allows). A companion SSGMPA has also been submitted to permit
the desired uses and to establish the maximum allowed intensity (square feet). This rezone request
includes conditions of approval (Exhibit A), which impose a number of restrictions and design
requirements related to the car wash and to eating and drinking establishments with drive-through
facilities in an attempt to address the staff recommended (but as of yet not adopted) US 41 East
Zoning Overlay District LDC amendments.
The subject site was rezoned in 2000 from a Residential Tourist (RT) Zoning District to a Commercial
Intermediate (C-3) Zoning District by Ordinance No. 2000-81 with a Conceptual Site Plan.
Resolution 12-253 was approved on December 11, 2012, allowing four buildings on four different
parcels of up to 15,000 s.f. each of gross floor area in the principal structures for food stores, food
services, personal services, and video rentals, and retail uses; however, this resolution has expired.
Currently, the western portion of this site plan has been developed into a RaceTrac gas station with
a convenience store. The eastern portion of this subject property is vacant.
The Future Land Use Map Designation is Urban Coastal Fringe 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).
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Revised: October 14, 2024 Page 4 of 15
Petitioner’s Conceptual Site Plan included as Exhibit B in the Draft Ordinance (Attachment A)
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 5 of 15
SURROUNDING LAND USE AND ZONING:
North:Tamiami Trail East, a six-lane arterial roadway, and then developed with Donna Fiala
Eagle Lakes Community Park with a current zoning designation of Public Use (P)
District
South:Developed with the Hitching Post Mobile Home Park recreation center with a current
zoning designation of Residential Tourist (RT) District
East:Developed with the WAVV Radio FM 101 facility with a current zoning
designation of The Home Depot – SE Naples CPUD that is approved for 140,000
s.f. of commercial area
West:Developed with a Racetrac gas station with convenience store with a current zoning
designation of Commercial Intermediate (C-3) District
Source: Hole Montes, Inc., a Bowman Company
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 6 of 15
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed
rezoning petition and has found it not consistent with the Future Land Use Element (FLUE) of the
Growth Management Plan (GMP). See GMP amendment Staff Report for detailed analysis. This
rezoning may only be deemed consistent with the FLUE if the companion GMPA
(PL20220005822) is approved and goes into effect and the uses and intensities in this rezoning
align with those in the GMPA.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 16, 2023,
Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the
Growth Management Plan (GMP) using the 2022 and 2023 Annual Update and Inventory Reports
(AUIR).
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
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.”
Staff finding: According to the TIS provided with this petition, the proposed development will
generate a projected total of +/- 127 PM peak hour 2-way trips on the adjacent roadway segments
of Tamiami Trail East (US-41). The trips generated by this development will occur on the
following adjacent roadway link:
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RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 7 of 15
Link/Roadway Link Current Peak
Hour Peak
Direction
Volume/Peak
Direction
Projected
P.M. Peak
Hour/Peak
Direction
Project Trips
(1)
2022 AUIR
LOS/
Remaining
Capacity
2023 AUIR
LOS/
Remaining
Capacity
93.0/Tamiami
Trail East
(US-41)
Rattlesnake
Hammock Rd
to Triangle
Blvd
3,000/East 29/East D/
280 (2)
D/
307 (2)
•(1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the June 16, 2023 Traffic Impact
Statement provided by the petitioner.
•(2) Expected Deficiency due to Trip Bank not caused by this proposed development (see State Statute
163.3180). Additionally, this development is located in the recently expanded Traffic Congestion Exception
Area (TCEA).
Provisions of Florida Statute 163.3180
▪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 a credit for the anticipated road impact fees.
▪The expected and existing deficiencies are not caused by this proposed development.
Based on the TIS, the 2022 and 2023 AUIR, State Statute 163.3180, and the TCEA provisions of
the GMP, the subject rezone can be found consistent with Policy 5.1 of the Transportation Element
of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent
roadway network has sufficient capacity to accommodate this project within the 5-year planning
period.
Conservation and Coastal Management Element (CCME): Environmental staff evaluated the
petition. The property is 1.92 acres, and the project is consistent with the CCME's goals, objectives,
and policies.
GMP Conclusion: The proposed PUD is inconsistent with the GMP unless the Board approves
the companion GMPA first or concurrent with the PUD and the uses and intensities align.
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
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RZ-PL20220005137; 11760 Tamiami Trail East
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support their action on the rezoning request. This evaluation is completed as part of the Zoning
and Land Development Review provided below.
Drainage: The proposed zoning amendment request is not anticipated to create drainage problems
in the area. Stormwater best management practices, treatment, and storage will be addressed
through the environmental resource permitting process with the South Florida Water Management
District. County staff will also evaluate the project’s stormwater management system, calculations,
and design criteria at the time of site development plan (SDP) and/or platting (PPL).
Environmental Review: Environmental Planning staff has reviewed this petition. The property has
been historically maintained and cleared of native vegetation. Therefore, the Master Plan does
not show a preserve since no minimum preservation is required. No listed animal species were
observed on the property.
Transportation Review: The Transportation Planning staff has reviewed the petition for
compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of
the proposed 11760 Tamiami Trail East Rezone request.
Landscape Review: The North and South buffers proposed by the applicant exceed current code
minimum standards. The LDC required buffer along the North boundary is a 15’ Type D. Type D
buffers require trees spaced 30’ on center with a double row hedge 2’ high at the time of
installation. The applicant is proposing a 15’ Type B buffer along the North boundary. Trees in
Type B buffers are 25’ on center, and the hedge is 5’ high at the time of installation. The code
minimum required buffer along the South is a 15’ Type B. The applicant is proposing to increase
this width by 5’. The remaining buffers are consistent with code minimum standards.
Utility Review: The project lies within the regional potable water service area and the South
wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and
wastewater services are available via existing infrastructure within the adjacent right-of-way, and
sufficient water and wastewater treatment capacities are available.
Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be conveyed
to the CCWSD at no cost to the County at the time of utility acceptance.
Zoning Review: The land use pattern in the local area contains a mix of mobile homes, travel
trailers, commercial uses, and a park. The current zoning of C-3 is consistent with the established
zoning pattern for the area. The proposed rezoning to C-4 to allow for a car wash self-storage
facility is inconsistent with the zoning to the south. The car wash may be deemed consistent with
the property to the west as this is a RaceTrac gas station with a convenience store. However, this
property is located in the pending US41 East Corridor Zoning Overlay, and the East Naples
Community Development Plan (ENCDP) does not allow the car wash use as this was deemed an
undesirable use. Staff is concerned about the high proportion of car washes within a one-mile
radius of the subject property. During community outreach meeting of the ENCDP, the community
endorsed a vision for the area to promote less intensive commercial uses and residential. However,
the proposed draft US 41 East zoning overlay provides criteria for the development of car washes
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Revised: October 14, 2024 Page 9 of 15
and other identified undesirable uses in the ENCDP, including locational separation of a quarter
mile from a like use, enhanced buffering, and increased setbacks.
The conditions of approval included as Exhibit A in the Draft Ordinance (Attachment A) provide
that a sound attenuation wall that shall be provided along the southern property line separating the
car wash facility from the Hitching Post mobile home park with a minimum height of 2 feet higher
than the entrance to the car wash tunnel, but not to exceed 12 feet in height and provide 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. The car wash shall have a minimum side yard setback of 10 feet when
adjacent to commercially zoned property. The carwash building shall not exceed 5,000 s.f. The
vacuuming facilities may be located outside the building but may not be in any required yard area
and shall not be located forward of the primary façade of the car washing facility. Vehicular
stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-way than
the principal building. Furthermore, the petition also proposes an eating establishment to the east
of the car wash with a maximum of 6,000 square feet of gross floor area in the principal structure.
Vehicular stacking lanes and drive through lanes shall not be located closer to the US 41 right-of-
way than the principal building. The building height for both the car wash and eating establishment
will be 35 feet zoned and 42 feet actual. Parking lots, vehicular use areas, and service functions
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.
All these conditions are consistent with the proposed draft US 41 East zoning overlay.
The subject site is currently zoned C-3 and is located within the Urban Coastal Fringe Subdistrict
of the Future Land Use Element of Collier County. The site was cleared prior to 2014, when the
property was under different ownership, including an access easement benefitting the adjacent
RaceTrac gas station facility to the west, and is otherwise undeveloped. The property is also
subject to a companion SSGMPA application.
The proposed rezone seeks to change the zoning designation of the subject property from the C-3
zoning district to the C-4 zoning district to permit a car wash facility to be developed on a portion
of the site and to permit the full range of C-3 uses on the remaining portion of the site. To the west
of the subject property is an existing RaceTrac gas station facility with an existing access driveway
across the subject site, connecting the two properties. The RaceTrac property is located directly at
the corner of Barefoot Williams Road and Tamiami Trail E. and provides direct access to the
traffic light at that intersection. Adjacent to the east of the subject site is an existing office facility
that Home Depot has recently purchased. This adjacent lot to the east is one of multiple
consecutive lots assembled by Home Depot, which was approved via Ordinance 2024-08 on
March 26, 2024. As a result of the Home Depot – SE Naples CPUD 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. Moreover, the site can be potentially rezoned to C-5 (utilizing the Office and
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Revised: October 14, 2024 Page 10 of 15
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.
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” (Staff’s 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.
As a result of the Home Depot – SE Naples CPUD 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.
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 Barefoot Williams Rd
and U.S. 41/East Tamiami Trail. The existing land use patterns within this area include
CPUD, C-3, P, and RT uses that are composed of a mixture of mobile homes, travel trailers,
commercial uses, and recreational uses. Immediately east of the subject site is zoned CPUD,
which is approved for 140,000 s.f. of commercial use for a Home Depot store.
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 zoned CPUD and allows for 140,000 s.f. of commercial uses
and the property to the west is zoned C-4 and is developed with a gas station with convenience
store.
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.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
Page 1277 of 6405
RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 11 of 15
The proposed rezoning from C-3 to C-4 is not specifically necessary. However, the petitioner
believes it is necessary to accommodate a carwash and a wider range of C-3 uses.
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 a sound attenuation wall that shall be provided
along the southern property line separating the car wash facility from the Hitching Post
mobile home park with a minimum height of 2 feet higher than the entrance to the car wash
tunnel, but not to exceed 12 feet in height and provide 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. The car wash shall have a minimum side yard setback of 10 feet when adjacent to
commercially zoned property. The carwash building shall not exceed 5,000 s.f. The
vacuuming facilities may be located outside the building but may not be in any required yard
area and shall not be located forward of the primary façade of the car washing facility.
Vehicular stacking lanes and drive through lanes shall not be located close to the US 41 right-
of-way than the principal building. Furthermore, the petition also proposes an eating
establishment to the east of the car wash with a maximum of 6,000 square feet of gross floor
area in the principal structure. Vehicular stacking lanes and drive through lanes shall not be
located closer to US 41 right-of-way than the principal building.
The building height for both the car wash and eating establishment will be 35 feet zoned and
42 feet actual. Parking lots, vehicular use areas, and service functions 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.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project at this time.
As outlined above, is GMP consistent at the time of rezoning, as evaluated as part of the GMP
Transportation Element consistency review. Operational impacts will be addressed at the time
of the first development order (SDP or Plat). Additionally, the project’s development must
comply with all other applicable concurrency management regulations when development
approvals are sought.
The roadway infrastructure has sufficient capacity to serve the proposed project, as noted in
the Transportation Element consistency review. Operational impacts will be addressed at 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. Finally, the project’s development
Page 1278 of 6405
RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 12 of 15
must comply with all other applicable concurrency management regulations when
development approvals, including but not limited to any plats and or site development plans,
are sought.
8. Whether the proposed change will create a drainage problem.
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 in Exhibit A in the Draft Ordinance (Attachment A) are
a sound attenuation wall, stricter height limits, and landscaping to protect the adjacent areas
from the reduction of light or air.
10. Whether the proposed change will adversely affect property values in the adjacent area.
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.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare.
If the proposed development complies with the GMP through the proposed 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
Page 1279 of 6405
RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 13 of 15
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 gas station and has remained
vacant.
14.Whether the change suggested is out of scale with the needs of the neighborhood or the
County.
As a result of the Home Depot – SE Naples CPUD 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.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
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 development will have to meet all applicable criteria set forth in the LDC regarding
Adequate Public Facilities. The project must also be consistent with all applicable goals and
objectives of the GMP regarding adequate public facilities. This petition has been reviewed
by county staff responsible for jurisdictional elements of the GMP as part of the rezoning
process, and staff has concluded that the developer has provided appropriate commitments so
that the impacts to the Level of Service (LOS) will be minimized. Moreover, a water main is
available along Tamiami Trail East, and a wastewater main is available along Tamiami Trail
Page 1280 of 6405
RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 14 of 15
East. There are adequate water and wastewater treatment capacities to serve the project. Any
improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be
conveyed to the CCWSD at no cost to the County at the time of utility acceptance.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in protecting public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
JULY 24, 2023 NEIGHBORHOOD INFORMATION MEETING (NIM):
The petitioner conducted a NIM 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 ended at 5:42 p.m. One participant attended in person, and two ZOOM participants
attended. The agent Ellen Summers gave an introduction of the consultant team and then gave a
PowerPoint described the proposed rezoning to convert the property from C-3 to C-4 with
conditions to allow for a car wash and full range of C-3 permitted uses. An attendee asked about
the remaining use on the other half of the property. The agent responded that she did not know at
this time. No commitments were made. A copy of the NIM Summary, sign-in sheet, and NIM
PowerPoint presentation are included in Attachment B.
OCTOBER 2, 2024 NEIGHBORHOOD INFORMATION MEETING (NIM):
Because the petition exceeded the first anniversary of the first NIM, the second NIM was
scheduled. The petitioner conducted a 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 ended at 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 any
questions. No commitments were made. A copy of the NIM Summary, sign-in sheet, and NIM
PowerPoint presentation are included in Attachment B.
ENVIRONMENTAL ADVISORY COUNCIL (EAC):
This project does not require an 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 October 14, 2024.
RECOMMENDATION:
Page 1281 of 6405
RZ-PL20220005137; 11760 Tamiami Trail East
Revised: October 14, 2024 Page 15 of 15
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition RZ-
PL20220005137 – 11760 Tamiami Trail East to the Board of County Commissioners (BCC) with
a recommendation of approval.
Attachments:
A. Draft Ordinance
B. Application/Backup Materials
Page 1282 of 6405
[23-CPS-02334/1903646/1]134
11760 Tamiami Trail E / PL20220005137
11/12/24 1 of 2
ORDINANCE NO. 2025-_____
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]
WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman
Consulting, and Clay C. Brooker, Esq. of Cheffy Passidomo, P.A. representing 11760 Property,
LLC petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property more particularly
described in Exhibit A, located in Section 33, Township 50 South, Range 26 East, Collier
County, Florida, is changed from the Intermediate Commercial District (C-3) Zoning District to
the General Commercial District (C-4) Zoning District for a 1.9+/- acre project to be known as
11760 Tamiami Trail East Rezone, subject to the conditions shown in Exhibit B. Exhibits A
Page 1283 of 6405
[23-CPS-02334/1903646/1]134
11760 Tamiami Trail E / PL20220005137
11/12/24 2 of 2
through 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/are hereby amended accordingly.
SECTION TWO:
Ordinance No. 00-81, a rezone to C-3, and Resolution No. 12-253, a conditional use for
“Mac Business Plaza,” are hereby repealed as to the property described in this Ordinance.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2025-_____ becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of 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
Attachments: Exhibit A - Legal Description
Exhibit B - Conditions of Approval
Exhibit C - Location Map
Exhibit D - Conceptual Plan
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Page 1 of 2
Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023006\WP\Rezone\10-2-2024\Exhibit A - Conditions of Approval 10-2-2024.docx
Exhibit - Conditions of Approval
11760 Tamiami Trail E Rezone
PL-20220005137
1. The following uses are hereby authorized as permitted by right:
a. All permitted uses in the C-3 commercial intermediate zoning district; and
b. Carwashes (Group 7542).
2. Development is limited to a maximum intensity of 11,000 square feet of gross floor area,
of which a carwash shall not exceed 5,000 square feet.
3. Carwashes (Group 7542) shall adhere to the requirements of the LDC, except as specified
below:
a. The minimum side yard setback shall be 10 feet when adjacent to a commercially
zoned property.
b. The carwash building shall not exceed 5,000 square feet.
c. Vacuuming facilities may be located outside the building but may not be located in
any required yard area and shall not be located forward of the primary façade of the
car washing facility.
d. Vehicular stacking lanes and drive through lanes shall not be located closer to the
US 41 right-of-way than the principal building.
e. A sound attenuation wall shall be: a) a minimum height of 2 feet higher than the
entrance to the car wash tunnel, but not exceed 12 feet in height above grade; and
b) be 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.
The location of the wall is labeled as “Maximum 12’ Sound Attenuation Wall" on
the Conceptual Site Plan.
4. The following standards apply to establishments with drive-through facilities (Group 5812
Eating Places and 5813 Drinking Places):
a. A maximum of 6,000 square feet of gross floor area in the principal structure.
b. In addition to satisfying design standards of 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.
5. 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.
6. Parking lots, vehicular use areas, and service functions 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.
7. 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 25 percent turf grass. The balance shall be shrubs or groundcover
in planting areas appropriate to the design.
8. Landscape buffers shall be designed in accordance with LDC section 4.06.00, except for
the following:
Page 1286 of 6405
Page 2 of 2
Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023006\WP\Rezone\10-2-2024\Exhibit A - Conditions of Approval 10-2-2024.docx
a. The 15-foot-wide Type ‘B’ front yard landscape buffer easement (LBE) shall be
enhanced by:
i. Planting canopy shade trees (understory trees and palm trees may not be
substituted for canopy trees) spaced 25 feet on center with trees having a
minimum average mature canopy spread of 20 feet and an eight-foot vertical
clearance for pedestrians, if applicable, as determined by County Manager
of designee.
ii. Planting only native vegetation, grass, ground cover, or other landscape
treatment in accordance with LDC section 4.06.00.
b. 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.
9. The maximum total daily trip generation for the Rezone shall not exceed 127 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.
10. Vehicular and Pedestrian interconnection to the property to the east will be provided, by
the Owner, its successors or assigns, as shown on the Conceptual Site Plan. The Owner, its
successors or assigns, will provide an access easement over a portion of the property to the
property owner to the east, or an access easement to the public for public use without
responsibility of maintenance by Collier County, at time of the first Site Development Plan
or Plat. The connection and supporting infrastructure will be constructed to the property
line by the Owner, its successors or assigns, of the rezone property prior to the first
Certificate of Occupancy. The interconnections shall remain open to the public. At the time
of this rezone, private access easements to the west are recorded in Official Records Book
5241 Page 2441 et. seq. and Official Records Book 5129 Page 1366 et. seq.
11. All other applicable state or federal permits must be obtained before commencement of the
development.
12. 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.
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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 1461 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 1462 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 1463 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 1464 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)
Page 1465 of 6405