Loading...
Agenda 10/28/2025 Item # 9B (Rezone Ordinance 9271-9295 Tamiami Trail North)10/28/2025 Item # 9.B ID# 2025-3636 Executive Summary This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezone Ordinance to change the zoning from the Commercial Intermediate (C-3) zoning district to the Residential Multi-family-16 (RMF-16) zoning district to allow up to 16 multifamily dwelling units per acre for a total of 28 multifamily dwelling units. The subject 1.86± acre parcel is located on the west side of Tamiami Trail North (US 41) and bordered on the north by 93rd Avenue North and on the south by 92nd Avenue North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (PL20240013324, 9271-9295 Tamiami Trail North Rezone) 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 and render a decision regarding the 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 consists of a single 1.86± acre Commercial Intermediate (C-3) zoned parcel with an auto repair and window tinting shop, a closed Burger King restaurant, and a single-family residence. The petitioner is requesting to rezone the 1.86± acre (C-3) parcel to a Residential Multi-family-16 (RMF-16) zoned parcel to allow for the development of 28 multi-family dwelling units with a maximum density of up to one dwelling unit per approximately .06± acres. For reference, see the Master Plan on page 3 of the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition RZ-PL20240013324, 9271-9295 Tamiami Trail North Rezone, on September 18, 2025, and voted 5-0 to forward this petition to the Board with a recommendation of approval. This item is consistent with the Collier County strategic plan objective to enhance the character of our community. FISCAL IMPACT: The Rezone, by itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The 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 of the Growth Management Plan 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 CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed Rezone, and the subject petition is consistent with the Future Land Use Element (FLUE) of the GMP. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Commercial Intermediate (C-3) zoning district to the Residential Multi-family-16 (RMF-16) zoning district. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question the 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 Page 682 of 3380 10/28/2025 Item # 9.B ID# 2025-3636 1. Will the proposed change be consistent with the goals, objectives, and policies, the 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? Page 683 of 3380 10/28/2025 Item # 9.B ID# 2025-3636 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 shall deem important in the protection of the 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) RECOMMENDATIONS: To approve the request for Petition RZ-PL20240013324, 9271-9295 Tamiami Trail North Rezone and the proposed Ordinance. PREPARED BY: Nancy Gundlach, Planner III, AICP, PLA, CSM, GMCDD, Zoning Division ATTACHMENTS: 1. 9271-9295 TTN Rezone Staff Report 8-21-25 2. Attachment A-Proposed Rezone Ordinance 9271-9295 TTN Rezone - 081825 (1) 3. Attachment B-GMP Consistency Review Memo 7-31-25 9271-9295 Tamiami Trail North Rezone 4. Attachment C-NIM Documents 6-5-2025 9271-9295 Tamiami Trail North Rezone 5. Attachment D-Application 9271-9295 Tamiami Trail North Rezone 6. Affidavit of Posting Notice and photos of public hearing signs (PL20240013324) 8-28-25 7. legal ad - agenda ID 25-3636 - Mercato West RZ (PL20240013324)- BCC 10-28-25 8. 10.28.25 BCC- published ad Page 684 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 15, 2025 Page 1 of 11 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: SEPTEMBER 18, 2025 SUBJECT: RZ-PL20240013324, 9271-9295 TAMIAMI TRAIL NORTH RMF-16 REZONE PROPERTY OWNER/AGENT: Applicant/Owner: Rachel Development, Inc., a Minnesota Company, authorized to do business in the State of Florida as Rachel Development SWF, Inc., and Vincent RE Development, LLC 4180 Napier Court NE Saint Michael, MN 55376 Agents: Robert J. Mulhere, FAICP, VP, and Ellen Summers, AICP Bowman 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Commercial Intermediate (C-3) zoning district to the Residential Multi-family-16 (RMF-16) zoning district to allow up to 16 multi-family dwelling units per acre for a total of 28 multi-family dwelling units. Page 685 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 2 of 11 Location Map Page 686 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 3 of 11 Master Plan Page 687 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 4 of 11 GEOGRAPHIC LOCATION: The subject 1.86± acre parcel is located on the west side of Tamiami Trail North (US 41)and bordered on the north by 93rd Avenue North and on the south by 92nd Avenue North, in Section 33, Township 48 South, Range 25 East, Collier County, Florida. (See the location map on page 2 of this staff report.) PURPOSE/DESCRIPTION OF PROJECT: The subject property consists of a single 1.86± acre Commercial Intermediate (C-3) zoned parcel with an auto repair and window tinting shop, a closed Burger King restaurant, and a single-family residence. The petitioner is requesting to rezone the 1.86± acre (C-3) parcel to an RMF-16 zoned parcel to allow for the development of 28 multi-family dwelling units with a maximum density of up to one dwelling unit per approximately .06± acres. For reference, see the Master Plan on the preceding page. SURROUNDING LAND USE AND ZONING: North: 93rd Avenue North, a local 2-lane road, and then a retail business with a zoning designation of Commercial Intermediate (C-3) South: 92nd Avenue North, a local 2-lane road, and then a retail business with a zoning designation of Commercial Intermediate (C-3) East: Tamiami Trail North (U.S. 41), a 6-lane divided principal arterial road, and then mixed-use retail and residential with a zoning designation of Mercato MPUD West: Single-family residential, with a zoning designation of Residential Multi- family-6 (RMF-6) Page 688 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 5 of 11 Aerial Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. For further information, please see Attachment B-Consistency Review Memorandum. Transportation Element: In evaluating this project, staff reviewed the applicant’s April 7, 2025, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 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 Subject Parcel Page 689 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 6 of 11 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 a significant impact 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 Mercato West Rezone development will generate a projected total of +/- 33 PM peak hour trips on the adjacent roadway, Tamiami Trail North/US-41. The current C-3 uses could potentially generate +/-61 PM peak hour trips. Therefore, the proposed rezone represents a potential reduction of +/-(28) PM peak hour trips. The proposed +/- 33 PM peak hour trips will occur on the following adjacent roadway network links: Roadway/Link Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Traffic (1) 2024 Level of Service (LOS) 2024 Remaining Capacity Tamiami Trail North (US- 41)/100.0 Immokalee Road to Vanderbilt Beach Road 3,410/NB 12/NB D (2) 660 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is April 7, 2025. Traffic Impact Statement provided by the petitioner. 2. Road link is FDOT jurisdiction. Based on the TIS provided by the applicant and the 2024 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental staff evaluated the petition. The property is 1.86 acres; the project is consistent with the goals, objectives, and policies of the CCME. Page 690 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 7 of 11 Based on the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.08. F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establishes the legal bases to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC (Board of Collier County Commissioners), who, in turn, use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Rezone Findings.” In addition, staff offers the following analyses: Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Environmental Review: Environmental Planning staff has reviewed this petition. The property has been developed (C-3) 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. Environmental staff recommend APPROVAL of the proposed project. 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. Utility Review: Utility staff have reviewed and approved the petition. The project lies within the regional potable water service area and the north wastewater service area of the Collier County Water-Sewer District (CCWSD). 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 utilities acceptance. Zoning Review: As previously stated, the subject property consists of a single 1.86± acre Commercial Intermediate (C-3) zoned parcel with an auto repair and window tinting shop, a closed Burger King restaurant, and a single-family residence. The petitioner is requesting to rezone the 1.86± acre (C-3) parcel to an RMF-16 zoned parcel to allow for the development of 28 multi-family dwelling units with a maximum density of up to one dwelling unit per approximately .06± acres. The Conceptual Site Plan depicts the proposed multi-family building, along with 10-foot-wide Type D landscape buffers adjacent to the three street right-of-way frontages, and a 15-foot-wide Type B landscape buffer along the adjacent RMF-6 lot, which is occupied by a single-family residence. The proposed commitment to limit the zoned building height to 50 feet is consistent with the current C-3 maximum zoned height of 50 feet. (The maximum RMF-16 building height is 75 feet.) Page 691 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 8 of 11 The zoning surrounding the subject property is Residential Multi-family (RMF-6), Commercial Intermediate (C-3), and Mixed-Use PUD. However, the existing land use pattern in the vicinity of the subject property is single-family, commercial, and mixed-use. The proposed rezoning to change the subject commercial property to residential multi-family is compatible and complementary to the existing development in the area. The petitioner has committed to the following Conditions of Approval, which have been incorporated into Attachment A-Proposed Rezone Ordinance: 1. The maximum Zoned Building Height shall not exceed 50 feet (50’). 2. The maximum total daily trip generation for the MPUD shall not exceed 33 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. To date, 10 letters of objection and one letter of support have been received. REZONE FINDINGS: LDC Subsection 10.02.08. F. states, “When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered proposed changes in relation to the following findings when applicable” (The criteria is italicized, Staff’s responses to these criteria are provided in regular font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies, and the future land use map, and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed rezone is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. As described in the “Surrounding Land Use and Zoning” portion of this report, the neighborhood’s existing land use pattern is characterized by developed commercial to the north, east, and south. To the west is single-family residential. The proposed rezones from (C-3) to (RMF-16) will not create any incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed RMF-16 is a transitional land use between C-3 and RMF-6. It is not an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Page 692 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 9 of 11 As shown on the zoning map on page two of this staff report, the existing district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to redevelop a property with a defunct fast food restaurant, auto repair uses, and a single- family home into multi-family residences. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed Rezone, with the commitments made by the applicant, can be deemed consistent with the County’s land-use policies upon adoption, as reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As noted previously, Transportation Planning staff finds this petition consistent with the GMP. 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. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. This development should not significantly reduce light and air to adjacent areas; thus, the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. The proposed rezone from C-3 to RMF-16 will not adversely impact property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Surrounding properties are mostly developed commercial, residential, and mixed-use, as previously noted. The basic premise underlying all of the development standards in the LDC is that sound Page 693 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 10 of 11 application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, 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. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change from C-3 to RMF-16 is not out of scale with the needs of the neighborhood or the county. As previously stated, the proposed RMF-16 rezone is a transition from the existing C-3 to RMF-6. 15. Whether it is 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 uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC; staff does not review other sites in conjunction with a specific petition. 16. 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. Any development anticipated by the proposed zoning district would require some site alteration, and this project will undergo evaluation relative to all federal, state, and local development regulations during the site development plan approval process 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 GMP, and as defined and implemented through the Collier County adequate public facilities ordinance. Page 694 of 3380 RZ-PL20240013324, 9271-9295 Tamiami Trail North RMF-16 Rezone August 20, 2025 Page 11 of 11 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 that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff have concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting on June 3, 2025, at 5:30 p.m. at the Collier County Library, located at 2385 Orange Blossom Drive, Naples, Florida. Approximately 50-55 people, along with the applicant and County Staff, attended the meeting. Except for one neighbor, the neighbors were opposed to the proposed multi-family rezone. They are opposed to change, they do not want additional vehicle and pedestrian traffic in their neighborhood, they do not want a tall building on the edge of their neighborhood, and they are concerned about setting a precedent. They are also concerned about increasing property values and property tax increases related to their properties, and they have expressed concerns about providing affordable housing for working people. For further information, see Attachment C–NIM Documents. COUNTY ATTORNEY'S OFFICE REVIEW: The County Attorney’s Office reviewed this staff report for content and legal sufficiency on August 19, 2025. STAFF RECOMMENDATION: Planning and Zoning Review staff recommend that the CCPC forward Petition RZ- PL20240013324, 9271-9295 Tamiami Trail North Rezone, to the BCC with a recommendation of approval. Attachments: Attachment A-Proposed Rezone Ordinance Attachment B-GMP Consistency Review Memorandum Attachment C-NIM Documents Attachment D-Application Page 695 of 3380 [25-CPS-02607/1965209/1]70 9271-9295 Tamiami Trail North PL20240013324 8/18/25 1 of 2 ORDINANCE NO. 2025 - _____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT TO A RESIDENTIAL MULTIFAMILY-16 (RMF-16) ZONING DISTRICT TO ALLOW UP TO SIXTEEEN MULTI-FAMILY DWELLING UNITS PER ACRE FOR A TOTAL OF 28 MULTI-FAMILY DWELLING UNITS ON 1.86± ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF US 41 (TAMIAMI TRAIL) AND BORDERED ON THE NORTH BY 93RD AVENUE NORTH AND ON THE SOUTH BY 92ND AVENUE NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240013324] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., on behalf of Rachel Development, Inc. and Vincent RE Development, 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, attached hereto and incorporated herein by reference, located in Section 33, Township 48 South, Range 25 East is changed from a Commercial Intermediate (C-3) Zoning District to a Residential Multifamily (RMF-16) Zoning District to allow up to 16 multifamily dwelling units per acre for a total of 28 multifamily dwelling units for a 1.86± acre project to be known as 9271-9295 Tamiami Trail North Rezone subject to the conditions shown in Exhibit C. Exhibits A, B and C are attached hereto and incorporated herein by reference. The appropriate Page 696 of 3380 [25-CPS-02607/1965209/1]70 9271-9295 Tamiami Trail North PL20240013324 8/18/25 2 of 2 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: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _____ day of __________________ 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 F. Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A – Legal Description Exhibit B – Master Concept Plan Exhibit C – Conditions of Approval Exhibit D – Location Map Page 697 of 3380 Exhibit A Legal Description LOT 1 TROUGHT 14, AND LOT 47 TROUGH 50, BLOCK 53, NAPLES PARK UNIT 4, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 3, PAGE 7, PUBLIC RECORDS OF COLIER COUNTY, FLORIDA. CONTAINING 1.86 ACRES, MORE OR LESS Page 698 of 3380 US-41 TAMIAMI TRAIL N92nd AVE N 93rd AVE N DRY RETENTIONNEW BOUNDRY ZONING: RMF-6 ZONING: RMF-6 15' BUFFER TYPE D10'BUFFERTYPE D15' BUFFER TYPE B 10'BUFFERTYPE D30' SETBACK REQUIRED 30'SETBACKREQUIRED30' SETBACK REQUIRED 30'SETBACKREQUIRED30'9'9'18' 18' 22' 22' 18' 18'9'9'15' 31'56'SETBACKPROVIDED60'31'60'31'24'33'56'SETBACKPROVIDED16'24' 24'156'206'20'30' SETBACK PROVIDED 46'SETBACKPROVIDED46'SETBACKPROVIDED136'86'136'156'93rd AVE N DRY RETENTIONDRY RETENTIONDRY RETENTION0 SCALE: 1" = 10'20'40' 20' N J.R. ENGINEERING EVANS 9271-9295 TAMIAMI TRAIL NORTH RMF-16 REZONE MASTER CONCEPT PLAN EXHIBIT B July 3, 2025 ·TOTAL LOT AREAS: 1.86 AC ·OPEN SPACE REQUIRED (60%): 1.11 AC ·OPEN SPACE PROVIDED (62%): 1.13 AC ···SOD: 0.87 AC ···POOL: 0.05 AC ···PAVERS (POOL AREA): 0.21 AC ·TOTAL BLDG UNITS FOOTPRINT: 0.47 AC (20,440 S.F) ·POOL HOUSE: 1,1160 S.F. (0.02 AC) ·ASPHALT: 0.23 AC ·MAXIMUM ALLOWABLE ZONED BUILDING HEIGHT: 50 FT ·MAX. DU (28 DU/1.86 ACRE) = 15.05 ·PARKING REQUIRED = 56 SPACES ·PARKING PROVIDED = 60 SPACES ···RESIDENT PARKING = 56 SPACES ···VISITOR / DELIVERY = 4 SPACES ·CURRENT ZONING: C-3 ·PROPOSED ZONING: RMF-16 ·THE SITE DOES NOT CONTAIN ANY NATIVE VEGETATION; THEREFORE, NO PRESERVATION IS REQUIRED. MERCATO_PROPERTIES_R3.DWG Page 699 of 3380 EXHIBIT C 9271-9295 Tamiami Trail North RMF-16 Rezone CONDITIONS OF APPROVAL 1. The maximum Zoned Building Height shall not exceed 50 feet (50’). 2. The maximum total daily trip generation for the MPUD shall not exceed 33 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. Page 700 of 3380 PROJECT SITE TAMIAMI TRAIL NORTH8TH ST N91ST AVE N 92ND AVE N 93RD AVE N STRADA PL VANDERBILT BEACH RD VANDE R B I L T B E A C H R DGULF PAVILION DRMERCATO DR M E R C A T O W A Y 0 SCALE: 1" = 60'120'240' 120' N LOCATION MAP EXHIBIT D April 24, 2025 MERCATO_PROPERTIES_R1.DWGJ.R. ENGINEERING EVANS Page 701 of 3380 Growth Management Community Development Department Zoning Division CONSISTENCY REVIEW MEMORANDUM To: Nancy Gundlach, Planner III, Zoning From: Stephenne Barter, Planner II, Comprehensive Planning Date: May 30, 2025 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20240013324 PETITION NAME: 9271-9295 Tamiami Trail North RMF-16 Rezone (RZ) REQUEST: This petition requests a rezone from its current Commercial-3 zoning to a Residential Multi-Family-16 (RMF-16) District to allow 16 dwelling units per acre. LOCATION: The subject site (±1.86-acre) is located west of U.S. 41 (Tamiami Trail), bounded to the north by 93rd Avenue North and to the south by 92nd Avenue North, in Section 33, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area (Urban – Urban Mixed-Use District – Urban Residential Subdistrict), as identified on the Future Land Use Map. Page 702 of 3380 According to the FLUE, “the purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. FLUE: “1 THE DENSITY RATING SYSTEM IS APPLIED IN THE FOLLOWING MANNER: a. Within the applicable Urban designated areas, the base density of the Subdistrict is allowed, though not an entitlement. Density may be increased using applicable density bonuses. For purposes of calculating the eligible number of dwelling units for the project, the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit 0.5 or greater. Acreage used for the calculation of density is exclusive of commercial portions of the project, except within the C-1 through C- 3 Commercial zoning districts, and except within the Commercial Mixed-Use Subdistrict, wherein residential project densities will be calculated on total gross acreage, and except portions of a project for land uses having an established equivalent residential density in the Collier County Land Development Code.” Page 703 of 3380 Eligible Density: To achieve the 30 multi-family dwelling units the applicant is proposing the use of the Conversion of Commercial Zoning Bonus provided for in the FLUE Density Rating System: “a. Conversion of Commercial Zoning Bonus: If a project includes the conversion of commercial zoning that has been found to be “Consistent By Policy” through the Collier County Zoning Re-evaluation Program (Ordinance No. 90-23), then a bonus of up to 16 dwelling units per acre may be added for every one (1) acre of commercial zoning that is converted to residential zoning. These bonus dwelling units may be distributed over the entire project. The project must be compatible with surrounding land uses.” This site is identified on the Consistent with FLUE by Policy Maps (FLUE 9), part of the FLUM Series, which is deemed “Consistent By Policy”. Using the Conversion of Commercial Zoning Bonus, the site is eligible for a maximum density of 16 dwelling units per acre (DU/A) yielding 30 DUs for this site (16 DU/A x 1.86A = 29.76 DU ￿ 30 DU). Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in bold]. FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety to perform the compatibility analysis.] FLUE Objective 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, where applicable, and as follows: Page 704 of 3380 Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The site has frontage along US 41/Tamiami Trail, a principal arterial. The proposed conceptual plan shows direct connections to 92nd Avenue North and 93rd Avenue North. Access to US 41 is controlled by the Florida Department of Transportation.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Given the location and small size of the site, there is no loop road proposed. Staff finds it unnecessary to provide a loop road due to the location and the nature of the proposed project.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The subject site mostly abuts streets (therefore cannot interconnect) but does abut 2 small parcels, which contain a single-family dwelling unit and a duplex; therefore, interconnection with adjacent neighborhoods or developments is not feasible.] FLUE Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [With regard to walkability, the project benefits from an existing sidewalk along US 41/Tamiami Trail. The proposed development does not include a blend of housing densities, a range of housing prices is not provided, and civic facilities are not provided; it is staff’s opinion that none of these are feasible given the small size of the site. The master plan indicates 62 Page 705 of 3380 percent open space.] Page 706 of 3380 CONCLUSION: Based upon the above analysis of proposed uses and densities, Comprehensive Planning staff finds the proposed rezone petition to be consistent with Future Land Use Element. PETITION ON CITYVIEW cc: James Sabo, AICP, Planning Manager, Comprehensive Planning Section Ray Bellows, Planning Manager, Zoning Services Section Page 707 of 3380 Page 708 of 3380 Page 709 of 3380 Page 710 of 3380 Page 711 of 3380 Page 712 of 3380 Page 713 of 3380 Page 714 of 3380 Page 715 of 3380 Page 716 of 3380 Page 717 of 3380 Page 718 of 3380 Page 719 of 3380 Page 720 of 3380 Page 721 of 3380 Page 722 of 3380 Page 723 of 3380 Page 724 of 3380 Page 725 of 3380 Page 726 of 3380 Page 727 of 3380 Page 728 of 3380 Page 729 of 3380 Page 730 of 3380 Page 731 of 3380 Page 732 of 3380 Page 733 of 3380 Page 734 of 3380 Page 735 of 3380 Page 736 of 3380 Page 737 of 3380 Page 738 of 3380 Page 739 of 3380 Page 740 of 3380 Page 741 of 3380 Page 742 of 3380 Page 743 of 3380 Page 744 of 3380 Page 745 of 3380 Page 746 of 3380 Page 747 of 3380 Page 748 of 3380 Page 749 of 3380 Page 750 of 3380 Page 751 of 3380 Page 752 of 3380 Page 753 of 3380 Page 754 of 3380 Page 755 of 3380 Page 756 of 3380 Page 757 of 3380 Page 758 of 3380 Page 759 of 3380 Page 760 of 3380 Page 761 of 3380 Page 762 of 3380 Page 763 of 3380 Page 764 of 3380 Page 765 of 3380 Page 766 of 3380 Page 767 of 3380 Page 768 of 3380 Page 769 of 3380 Page 770 of 3380 Page 771 of 3380 Page 772 of 3380 Page 773 of 3380 Page 774 of 3380 Page 775 of 3380 Page 776 of 3380 Page 777 of 3380 Page 778 of 3380 Page 779 of 3380 Page 780 of 3380 Page 781 of 3380 Page 782 of 3380 Page 783 of 3380 Page 784 of 3380 Page 785 of 3380 Page 786 of 3380 Page 787 of 3380 Page 788 of 3380 Page 789 of 3380 Page 790 of 3380 Page 791 of 3380 Page 792 of 3380 Page 793 of 3380 Page 794 of 3380 Page 795 of 3380 Page 796 of 3380 Page 797 of 3380 Page 798 of 3380 Page 799 of 3380 Page 800 of 3380 Page 801 of 3380 Page 802 of 3380 Page 803 of 3380 Page 804 of 3380 Page 805 of 3380 Page 806 of 3380 Page 807 of 3380 Page 808 of 3380 Page 809 of 3380 Page 810 of 3380 Page 811 of 3380 Page 812 of 3380 Page 813 of 3380 Page 814 of 3380 Page 815 of 3380 Page 816 of 3380 Page 817 of 3380 Page 818 of 3380 Page 819 of 3380 Page 820 of 3380 Page 821 of 3380 Page 822 of 3380 Page 823 of 3380 Page 824 of 3380 Page 825 of 3380 Page 826 of 3380 Page 827 of 3380 Page 828 of 3380 Page 829 of 3380 Page 830 of 3380 Page 831 of 3380 Page 832 of 3380 Page 833 of 3380 Page 834 of 3380 Page 835 of 3380 Page 836 of 3380 Page 837 of 3380 Page 838 of 3380 Page 839 of 3380 Page 840 of 3380 Page 841 of 3380 Page 842 of 3380 Page 843 of 3380 Page 844 of 3380 Page 845 of 3380 Page 846 of 3380 Page 847 of 3380 Page 848 of 3380 Page 849 of 3380 Page 850 of 3380 Page 851 of 3380 Page 852 of 3380 Page 853 of 3380 Page 854 of 3380 Page 855 of 3380 Page 856 of 3380 Page 857 of 3380 Page 858 of 3380 Page 859 of 3380 Page 860 of 3380 Page 861 of 3380 Page 862 of 3380 Page 863 of 3380 Page 864 of 3380 Page 865 of 3380 Page 866 of 3380 Page 867 of 3380 Page 868 of 3380 Page 869 of 3380 Page 870 of 3380 Page 871 of 3380 Page 872 of 3380 Page 873 of 3380 Page 874 of 3380 Page 875 of 3380 Page 876 of 3380 Page 877 of 3380 Page 878 of 3380 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 28, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT TO A RESIDENTIAL MULTIFAMILY-16 (RMF-16) ZONING DISTRICT TO ALLOW UP TO SIXTEEEN MULTI-FAMILY DWELLING UNITS PER ACRE FOR A TOTAL OF 28 MULTI-FAMILY DWELLING UNITS ON 1.86± ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF US 41 (TAMIAMI TRAIL) AND BORDERED ON THE NORTH BY 93RD AVENUE NORTH AND ON THE SOUTH BY 92ND AVENUE NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240013324] Page 879 of 3380 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be 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 int ended 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.collier.gov/Calendar-Events-directory 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 court esy 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@collier.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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 880 of 3380 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 28, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT TO A RESIDENTIAL MULTIFAMILY-16 (RMF-16) ZONING DISTRICT TO ALLOW UP TO SIXTEEEN MULTI-FAMILY DWELLING UNITS PER ACRE FOR A TOTAL OF 28 MULTI-FAMILY DWELLING UNITS ON 1.86± ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF US 41 (TAMIAMI TRAIL) AND BORDERED ON THE NORTH BY 93RD AVENUE NORTH AND ON THE SOUTH BY 92ND AVENUE NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240013324] Page 881 of 3380 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be 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 int ended 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.collier.gov/Calendar-Events-directory 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 court esy 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@collier.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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 882 of 3380