Agenda 06/25/2013 Item #17F6/25/2013 17Y.
EXECUTIVE SUMMARY
This item requires that ea parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to consider 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 property from the
Planned Unit Development zoning district known as the Veterans of Foreign Wars PUD to the
Estates (E) zoning district for property located at 7071 Hunters Road in Section 6, Township 49
South, Range 26 East, Collier County, Florida, consisting of 5 +1- acres; providing for repeal of
Ordinance No. 75-29, the Veterans of Foreign Wars PUD; and by providing an effective date.
[Petition RZ- PL20130000049]
OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this rezone
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 northeast corner of Old
Livingston Road and Hunters Road, approximately one - quarter mile north of Pine Ridge Road,
at 7071 Hunters Road, in Section 6; Township 49 South, Range 26 East, Collier County, FL.
The Veterans of Foreign Wars PUD (VFW PUD) was approved with Ordinance Number 75 -29
(see attachment) as a single use PUD for Veterans of Foreign Wars Post 8089. The allowable
activities included meetings, social events to entertain Post Members and their families, and to
provide a place for recreation of Members and their families. The VFW PUD was deemed to be
sunsetted with Resolution 2003 -53 (see attachment). Resolution 2003 -53 contains the following
provision "Pursuant to LDC 2.7.3.4 the VFW PUD is hereby considered to have sunsetted, and
accordingly development will not be approved by the County for the subject site until such time
as the Crestwood PUD is amended or rezoned to another zoning district consistent with the
requirements of the Land Development Code (LDC)." Please note that several other PUD's
were sunsetted at the same BCC hearing and it is assumed that the Crestwood PUD reference
was unintentional and incorrectly noted in this resolution with the assumed correct reference
being VFW PUD.
Staffs review of this rezone request is principally that of a down zone action from the PUD
zoning designation to the Estates zoning district. The request is also seen as a requirement of
Resolution Number 2003 -53 to allow the current owner the ability to develop this property. Staff
also notes that because the property is a 5 acre parcel a lot split is possible that would create two
conforming Estate lots.
The petitioner provided the following narrative in support of the proposed rezone:
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6/25/2013 17Y.
The property owner is petitioning Collier County to Rezone the property from VFW Planned
Unit Development (PUD) to the Single Family Estates Zoning to limit the uses allowed on the
property from VFW to Residential.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to
help offset the impacts of each new development on public facilities. These impact fees are used
to fund projects identified in the Capital Improvement Element of the Growth Management Plan
as needed to maintain valorem tax rates, and that revenue is directly related to the value of the
improvements. 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 PLAN (GMT) IMPACT: The subject property is designated
Estates, (Estates Mixed Use District, Estates Residential Subdistrict) as depicted in the Golden
Gate Area Master Plan Element and on the Future Land Use Map (FLUM) of the Growth
Management Plan. The Estates designation and Estates zoning district allow single - family
development at a density of one (1) dwelling unit per two and one - quarter (2 %.) acres. The
proposed rezoning is consistent with the Golden Gate Area Master Plan Element.
Transportation Element: Transportation Planning staff has reviewed the petition and has
determined that no net new trips are proposed. As such, the adjacent roadway network has
sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the
subject application can be found consistent with Policy 5.1 of the Transportation Element of the
Growth Management Plan (GMP).
Conservation and Coastal Management Element (CCME): Environmental staff has
evaluated the petition for consistency with the CCME. Environmental review staff has
determined the petition may be found consistent with the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed petition. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the
Future Land Use Element (FLUE) and FLUM designations is a portion of the overall finding that
is required, and staff believes the petition is consistent with the Collier County Growth
Management Plan as discussed above. The proposed rezone is consistent with the GMT
Transportation Element as previously discussed. Environmental staff also recommends that the
petition be found consistent with the CCME. Therefore, zoning staff recommends that the
petition be found consistent with the goals, objective and policies of the overall GMP.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC heard this petition on June 6, 2013, and by a vote of 5 to 0, recommended forwarding this
petition to the Board of County Commissioners (BCC) with a recommendation of approval.
Because the CCPC vote was unanimous, this petition can be placed on the Summary Agenda.
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6/25/2013 171
LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the VFW PUD Zoning
District to the Estates (E) Zoning District. The attached staff report and recommendations of the
Planning Commission required 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
Will the proposed change be consistent with the goals, objectives, and policies
and future land use map and the elements of the Growth Management Plan?
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?
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6/25/201 3 1 7. F.
13. Are there substantial reasons why the property cannot be used in accordance with ^
existing zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the
County?
15. Consider: Whether it is impossible to find other adequate sites in the county for
the proposed use in districts already permitting such use.
16. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the
range of potential uses under the proposed zoning classification.
17. What is the impact of development on the availability of adequate public facilities
and services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance [Code ch.106, art. 11], 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?
The proposed Ordinance was prepared by the County Attorney's Office and approved as to form
and legality for Board action. An affirmative vote of four is necessary for Board approval -HFAC
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the Board of County Commissioners approve the request subject to the
attached Rezone Ordinance.
PREPARED BY: Michael Sawyer, Project Manager, Planning and Zoning Department, Growth
Management Division, Planning and Regulation
Attachments: 1) Staff Report
2) Ordinance Number 75 -29
3) Resolution 2003 -53
4) Application
5) Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.F.
6/25/2013 17.F.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Reccomendation to consider 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 property from the Planned Unit Development zoning district
known as the Veterans of Foreign Wars PUD to the Estates (E) zoning district for property
located at 7071 Hunters Road in Section 6, Township 49 South, Range 26 East, Collier County,
Florida, consisting of 5 +/- acres; providing for repeal of Ordinance No. 75 -29, the Veterans of
Foreign Wars PUD; and by providing an effective date. (Petition RZ- PL20130000049)
Meeting Date: 6/25/2013
Prepared By
Name: SawyerMichael
Title: Project Manager,Engineering & Environmental Servic
5/30/2013 10:55:31 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/6/2013 12:18:42 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 6/6/2013 2:04:42 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 6/6/2013 4:29:40 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Packet Page -1658-
Date: 6/12/2013 9:41:14 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 6/14/2013 9:29:46 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2013 9:49:26 AM
Name: FirmEd
Title: Senior Budget Analyst, OMB
Date: 6/14/2013 11:50:52 AM
Name: OchsLeo
Title: County Manager
Date: 6/15/2013 12:46:11 PM
Packet Page -1659-
6/25/2013 17.F.
6/25/2013 17.F.
10-IN,
Co er County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF PLANNING AND ZONING
GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION
HEARING DATE: JUNE 6, 2013
RE: RZ- PL20130000049: VFW PUD, Rezone.
Owner /Applicant:
Brian Ohlis
So Flo Speed Shop Naples LLC
2684 Horseshoe Drive South
Naples, F134101
REQUESTED ACTION:
The petitioner is asking the Collier County Planning Commission (CCPC) to consider an
application for a rezone of the 5t acre site from the Planned Unit Development (PUD) known as
the VFW PUD to the Estates Zoning District (E).
GEOGRAPHIC LOCATION:
The subject property is located on the northeast corner of Old Livingston Road and Hunters
Road, approximately one - quarter mile north of Pine Ridge Road, in Section 6, Township 49
South, Range 26 East, Collier County, FL (See location map on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located at 7071 Hunters Road. The petitioner's provided the following
narrative in support of the proposed rezone:
The property owner is petitioning Collier County to Rezone the property from VFW Planned
Unit Development (PUD) to the Single Family Estates Zoning to limit the uses allowed on the
property from VFW to Residential.
The petitioner notes that the request represents a down zoning of the parcel from PUD to the
Estates district.
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
Packet Page -1660-
Page 1 of 10
6/25/2013 17.F.
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SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Undeveloped, with a zoning designation of Planned Unit
Development (PUD), specifically the VFW PUD.
SURROUNDING:
North: Undeveloped Single Family Residence, with a zoning designation of Estates
East: Single Family Residence, with a zoning designation of Estates
South: Hunters Road ROW, then Single Family Residence, with a zoning designation of
Estates
West: Old Livingston Road ROW, then Livingston Road ROW
Location Map — property depictions are approximate
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is designated Estates, (Estates Mixed Use District, Estates Residential
Subdistrict) as depicted in the Golden Gates Area Master Plan Element and on the Future Land
Use Map of the Growth Management Plan. The Estates designation and Estates zoning district
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
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Page 3of10
6/25/2013 17. F.
allow single - family development at a density of one (1) dwelling unit per two and one- quarter (2
1/4) acres. The proposed rezoning is consistent with the Golden Gate Area Master Plan Element.
Transportation Element: Transportation Planning staff has reviewed the petition and has
determined that no net new trips are proposed. As such, the adjacent roadway network has
sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the
subject application can be found consistent with Policy 5.1 of the Transportation Element of the
Growth Management Plan (GMP).
Conservation and Coastal Management Element (CCME): Environmental staff has
evaluated the petition for consistency with the CCME. Environmental review staff has
determined the petition may be found consistent with the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed petition. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the
FLUE and FLUM designations is a portion of the overall finding that is required, and staff
believes the petition is consistent with the Collier County Growth Management Plan as discussed
above. The proposed rezone is consistent with the GMP Transportation Element as previously
discussed. Environmental staff also recommends that the petition be found consistent with the
CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals,
objective and policies of the overall GMP.
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 Land Development Code
(LDC) Subsection 10.03.05.I, 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 bases for their recommendation to
the Board of County Commissioners (BCC), who in turn use the criteria to support its action on
the petition request. An evaluation relative to these subsections is discussed below, under the
heading "Zoning Services Analysis." In addition, staff offers the following analyses:
Environmental Review: This project site has native canopy trees and contains no jurisdictional
wetlands. No signs of any listed species were observed during the site visit. With the change in
zoning district all clearing regulations will be followed at time of development/building permit.
Transportation Review: Transportation Division staff has no objections to the proposed down
zoning of this property from the PUD designation to the Estates designation.
Zoning Services Review: The VFW PUD was approved with Ordinance Number 75 -29 (see
attachment) as a single use PUD for Veterans of Foreign Wars Post 8089. The "Post Home" was
proposed to occupy an area 200 foot by 200 foot at the southwest corner of the property. The
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5113/13 (Revised: 5/14/13)
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Page 4 of 10
6/25/2013 1 7. F.
n allowable activities included meetings, social events to entertain Post Members and their
families, and to provide a place for recreation of Members and their families. The VFW PUD
was deemed to be Sunsetted with Resolution 2.003 -53 (see attachment). Resolution 2003 -53
contains the following provision "Pursuant to LDC 2.7.3.4 the VFW PUD is hereby considered
to have sunsetted, and accordingly development will not be approved by the County for the
subject site until such time as the Crestwood PUD is amended or rezoned to another zoning
district consistent with the requirements of the LDC." Please note that several other PUD's were
sunsetted at the same BCC hearing and it is assumed that the Crestwood PUD reference was
unintentional and incorrectly noted in this resolution with the assumed correct reference being
VFW PUD.
Staffs review of this rezone request is principally that of a down zone action from the PUD
zoning designation to the Estates zoning district. The request is also seen as a requirement of
Resolution Number 2003 -53 to allow the current owner the ability to develop this property. Staff
also notes that because the property is a 5 acre parcel a lot split is possible that would create two
conforming Estate lots.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site,
the compatibility analysis might include a review of both the subject proposal and surrounding or
nearby properties as to allowed use intensities and densities, development standards (building
heights, setbacks, landscape buffers, etc.), building mass, building location and orientation,
architectural features, amount and type of open space and location, traffic generation/attraction,
etc. There has to be a balance between the adjacent existing uses and what is allowable by the
GMP.
Because the applicant is requesting to down zone the property from PUD to Estates this rezone
will restore the surrounding land uses back to a consistent Estates district. The surrounding
properties have remained in the estates district therefore this rezone action will be compatible
with and complementary to those surrounding land uses.
Staff does not foresee any use related issues on this site should the rezone be approved. The
proposed uses are less intensive that what was originally approved with the previous PUD.
FINDINGS OF FACT:
Rezone Findings: LDC Subsection 10.03.05.1. 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 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.
The zoning analysis provides an in -depth review of the proposed project. Staff is of the
opinion that the project as proposed is consistent with GMP, therefore staff recommends
�-. that this petition be deemed consistent with the GMP.
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
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Page 5 of 10
6/25/2013 17. F.
2. The existing land use pattern;
Staff believes the proposed rezone is appropriate given the existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
As noted above the proposed rezone will restore the property back to the original estates
district, therefore this rezone would not create an isolated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
As noted above, the proposed rezone will restore the property back to the original estates
district, therefore it will reestablish the previous logically drawn conditions.
S. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
As noted above because this PUD has been deemed to be sunsetted by Resolution 2003 -53
this rezone is necessary before any development occurs on this property
6 Whether the proposed change will adversely influence living conditions in the
neighborhood;
As noted above, the proposed rezone will restore the property back to the original estates
district, therefore the proposed change will not adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
As noted above, the proposed rezone will restore the property back to the original estates
district, therefore it will not create or excessively increase traffic congestion.
Transportation Staff has reviewed the petition and believes the petition is consistent with
the Transportation Element of the GMP.
8. Whether the proposed change will create a drainage problem;
As noted above, the proposed rezone will restore the property back to the original estates
district, therefore it will not create drainage or surface water problems.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this petition is approved, any subsequent development would need to comply with the
applicable LDC and Florida Building Code standards for development.
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
n
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
Packet Page -1665-
Page 6 of 10
n external to the subject property. Property
including zoning; however zoning by itself
determination is driven by market conditions.
6/25/2013 17.F.
valuation is affected by a host of factors
may or may not affect values, since value
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Because the proposed rezone will restore the estates district the proposed zoning change
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 contrasting with the public welfare;
The proposed rezone complies with the Growth Management Plan which is 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;
As noted above, because this PUD has been deemed to be sunsetted by Resolution 2003 -53
this rezone is necessary before any development occurs on this property, therefore there is
a substantial reason why the property cannot be used in accordance with existing zoning.
n
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
As noted above, the proposed rezone will restore the property back to the original estates
district therefore the proposed change will not be out -of -scale with the needs of the
neighborhood or County.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
The applicant /owner of this property is requesting this rezone to address the sunsetting
status of the current PUD, therefore it is impossible to find an alternative site for the
proposed use within the County. This is a site specific request to address a sunsetted PUD
as required by Resolution Number 2003 -53.
16 The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
The applicant /owner of this property is requesting this rezone to address the sunsetting
status of the current PUD. This is a site specific request to address a sunsetted PUD as
required by Resolution Number 2003 -53.
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
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
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Page 7 of 10
6/25/2013 17.F.
as defined and implemented through the Collier County Adequate Public Facilities Ordinance, r�
as amended.
This petition has been reviewed by county staff that is responsible for jurisdictional
elements of the GMP as part of the amendment process and those staff persons have
concluded that no Level of Service will be adversely impacted. Further review of this issue
will occur when building permit approvals are sought.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
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 NIM meeting was duly noticed by the applicant and held on Monday, April 15, 2013 at 6:00
p.m. Those attending were the petitioner and Collier County planner Michael Sawyer.
Neighborhood attendees where Ellie Madegan and Lorrane Lott.
The petitioner, Brian Ohlis, began the meeting by briefly explaining the property location and the
proposed zoning change.
The following is a summarization of the questions asked and the responses given:
Question/Comment 1: Ellie Madegan asked about the current zoning of the property because she
thought that the VFW PUD was dissolved already due to sunsetting.
Response: Mike Sawyer explained that the parcel remained PUD zoned. Sunsetting of the PUD
did not change the zoning designation, so the reason for the request is to now rezone, or down
zone from the current PUD designation to the proposed estates designation.
Ellie explained that she thought that the property had already gone back to estates with the
sunsetting. She indicated she was glad to see the property would remain or go back to Estates.
There was additional discussion off the subject of this petition request regarding the
neighborhood. Specifically questions about a business operating out of one of the residences.
After a discussion about Home Occupational Licenses it was suggested that a call to Code
Enforcement to request an investigation would be the best course.
Question/Comment 2: Lorraine Lott asked about the letter that was sent to her regarding the
meeting. She indicated that both she and her husband read the letter and were not completely
confident they understood what was being proposed or requested.
Response: Brian briefly indicated that he wants to simply rezone the parcel back to Estates.
Mike also said that the basic form letter and information format are required of /for
Neighborhood Information Meetings.
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
Packet Page -1667-
Page 8 of 10
6/25/2013 1 7. F.
Both of the meeting participants said that they were just concerned that this was not a request for
another zoning action and that they were very happy with the property being estates like the
surrounding properties in the neighborhood.
There were no further questions or comments. The meeting concluded at approximately 6:25
p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition RZ-
PL20130000049 to the BCC with a recommendation of approval.
Attachments: A. Ordinance Number 75 -29
B. Resolution Number 2003 -53
C. Application
D. Ordinance
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: 5/14/13)
Packet Page -1668-
Page 9 of 10
PREPARED BY:
ER,-PROJECT MANAGER
ZONING DEPARTMENT
REVIEWED BY:
1 ems---."•,.,-....._ -
RAYN 6ND V. BELLOWS, ZONING MANAGER -'---
PLANNING AND ZONING DEPARTMENT
MICHAEL BOSI, AICP, INTERIM DIRECTOR
PLANNING AND ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION
DATE
DATE
DATE
DATE
Tentatively scheduled for the July 9, 2013 Board of County Commissioners Meeting
RZ- PL20130000049: VFW PUD, Rezone
June 6, 2013 CCPC
5/13/13 (Revised: )
Packet Page -1669-
6/25/2013 17.F.
Page 10 of 10
6/25/2013 17.F
625 na1348
WHEREAS, Voterans'of Foreign Wars Post 8089, Owners of the property
hereinafter described, petitioned the Board of County Commissioners of
Collier County, Florida, to change the zoning classification of the
real property hereinafter describedt
NOW, THEREFORE BE IT ORDAINED BY THE HOARD OF COUNTY C014MISSIONERS
OF COLIW COUNTY, FLORIDA%
SECTION ONE:
1. The zoning classification of the hereinbelow described property
in Collier County, Florida, is changed from "A" Agriculture District
to Planned Unit Development (PUD) and is subject to all conditions
as hereinafter described and the Official Zoning Atlas of Ordinance
74 -42 is hereby amended accordingly:
atUffLb
�, JUL 2 3 19T5 a PLANKI) UNIT DCVELOPiIENT DOCUMENT
tJ1 6 for 11 .k JUL
J Votrrans of i•orolgn Wars, Post #8089, Post !Iona.
Beginning at the Southwest corner of Section 6, Township 119 South, Range 26 East,
run Northerly along West boundry lino of said Soetion 6, a distance of 660 foot
to a point of beginning, thence continuo Northerly along said West boundry lino
of Section 6, a distance of 660 feet to a point, thence Easterly along a lino
1320 feet North of and parallel to the South boundry line of saiiggs oe n 6,
a distance of 330.07 foot to a point, thence Southerly' along a lf%o 33 7.C� t
East of and parallel to said West boundry ilno'of Section 6, a df` nco 6661
feet to a point. thence Westerly along a line 660 feet North of aid`parcUe.
sold South boundry line of Section 6, a distance of 330.07 feet-E poifw otm
beginning; Tito right of ingress and egress is reserved over and A a ss ba M h
30 foot and .the West 30 feet of aforedoscribed property, ineludidzrighlq fC7
construction of road facilities. Paecol of land containing 5 acr
A V
Ltf
tI. Pronosc Uso of Propc;Ply;
Tito Post home and parking area hArich will occupy an area 200 feet by 200 feet '
on the Southwest corner of the 5 acre tract, will be used by Members, their
families, and guests of flombers to conduct activitlos related to Veterans of
rornign Wars. These activities include, meatings,to conduct Post business,
social events to entertain Post Mor:A,ors and their families, and to provide a
ace for recreation for Members and their famiItes.
The re.ranindor of the 5 acre parcel Is to be brushed out, preserving all the largo
tr•res and vegetntion that will provido'shado, and this area will !lave picnic
facilities and playground acpIrmiont Installed, for_tha use of llcrnbut•s and their
f1111I Ilea.
Packet Page -1670-
.
389823
ORDINANCE NO. 75— 29
AN ORDINANCE AMENDING COLLIER COUNTY Afc,
ORDINANCE. NO. 74 -42, COMPREHENSIVE
ZONING REGULATIONS FOR TiIE UNINCORPORATED
Ln ~S`°
AREAS OF THE COASTAL AREA PLANNING DISTRICT
p q • ""off
OF COLi.IER COUNTY, FLORIDA, BY CHANGING
TIIE ZONING DISTRICT CLASSIFICATION FROM
"A"
'�'
AGRICULTURE TO PLANNED UNIT DEVELOPMENT
�• W K
(P.U.D.) IN PROPERTY AS.FOLLOWSt BEGINNING
IN THE SOUTHWEST CORNER OF SECTION 6,
93 rd
49 SOUTH, RANGE 26 EAST RUN NORTH
ALONG WEST LINE OF SAID SECTION 6, 660 FEET
TO THE POINT OF BEGINNING, CONTINUE' NORTH
660 FEET, WEST 330.07 FEET TO POINT OF
BEGINNING, CONTAINING 5 ACRES AND PROVIDING
AN EFFECTIVE DATES
6/25/2013 17.F
625 na1348
WHEREAS, Voterans'of Foreign Wars Post 8089, Owners of the property
hereinafter described, petitioned the Board of County Commissioners of
Collier County, Florida, to change the zoning classification of the
real property hereinafter describedt
NOW, THEREFORE BE IT ORDAINED BY THE HOARD OF COUNTY C014MISSIONERS
OF COLIW COUNTY, FLORIDA%
SECTION ONE:
1. The zoning classification of the hereinbelow described property
in Collier County, Florida, is changed from "A" Agriculture District
to Planned Unit Development (PUD) and is subject to all conditions
as hereinafter described and the Official Zoning Atlas of Ordinance
74 -42 is hereby amended accordingly:
atUffLb
�, JUL 2 3 19T5 a PLANKI) UNIT DCVELOPiIENT DOCUMENT
tJ1 6 for 11 .k JUL
J Votrrans of i•orolgn Wars, Post #8089, Post !Iona.
Beginning at the Southwest corner of Section 6, Township 119 South, Range 26 East,
run Northerly along West boundry lino of said Soetion 6, a distance of 660 foot
to a point of beginning, thence continuo Northerly along said West boundry lino
of Section 6, a distance of 660 feet to a point, thence Easterly along a lino
1320 feet North of and parallel to the South boundry line of saiiggs oe n 6,
a distance of 330.07 foot to a point, thence Southerly' along a lf%o 33 7.C� t
East of and parallel to said West boundry ilno'of Section 6, a df` nco 6661
feet to a point. thence Westerly along a line 660 feet North of aid`parcUe.
sold South boundry line of Section 6, a distance of 330.07 feet-E poifw otm
beginning; Tito right of ingress and egress is reserved over and A a ss ba M h
30 foot and .the West 30 feet of aforedoscribed property, ineludidzrighlq fC7
construction of road facilities. Paecol of land containing 5 acr
A V
Ltf
tI. Pronosc Uso of Propc;Ply;
Tito Post home and parking area hArich will occupy an area 200 feet by 200 feet '
on the Southwest corner of the 5 acre tract, will be used by Members, their
families, and guests of flombers to conduct activitlos related to Veterans of
rornign Wars. These activities include, meatings,to conduct Post business,
social events to entertain Post Mor:A,ors and their families, and to provide a
ace for recreation for Members and their famiItes.
The re.ranindor of the 5 acre parcel Is to be brushed out, preserving all the largo
tr•res and vegetntion that will provido'shado, and this area will !lave picnic
facilities and playground acpIrmiont Installed, for_tha use of llcrnbut•s and their
f1111I Ilea.
Packet Page -1670-
6/25/2013 17.F
r(I. Lr.njso!,r!d Lor_ntion of OtrJl_iiq!L Omn spaces, anti Recreation Facilitih:
Ptrilding to he located facing the Southwest corner of tho 5 &era parcel. Parking
spaces will be provided for 25 vehicles of this time, with space provided for
20 additional spaces for the future. This parking area will be asphalted and
sealed. Parking area shall be located as indicated in the development plan.
located directly bohine- the building, at a sofa and ronsonablo distance, as recom-
a>ended by tho governing fire agency, will be located a barboquo pit of concrato
and stool to be used for outdoor cooking.
Playground oqulpment, horseshoe pitching pits, and picnic tables will occupy the
area North of the Post home building.
IV. Develop vant Plan:
IEt 625 ME1349
A development plan (under separate cover) has boon provided with this document
showing details and iodations of the Post Home, the parking area, the ingress
and egress routes to the parking area, wells, and septic tank.
V. Proj)osed Schedule of Doyolonment:
The Veterans of Foreign Wars, Post #8089. 13 prepared to start this dovclopm'ent
as soon as they are authorized to do so by the Coli -for County Board of County
,Conmissroners.' '
VI. Signs:
Any sign erected will conform to the t£tt estates district in the Collier County
zoning regulations.
V11. Lindscaninn:
AiI landscaping will be as required in the Co111ar County zoning regulations.
V111. Donating Additfanai Proparty to ColTior County:
In the avant an arterial highway is constructed along the Wa st:boundry of the parcel
of property owned by the Veterans of Foreign %tars. Post #8089, the Post wlli donate
an additional 37.5 fact to the County of Collier, for a total of 67.5 feet for
the purpose of constructing sold highway.
SECTION T14O:
Conflict, Severance, Construction and Penalty:
In the event this Ordinance conflicts with other applicable law, the
more restrictive shall apply. If any part of this Ordinance conflicts
with any part, it shall be severed and the remaindor shall have full
force and effect and be liberally construed. -
If any section subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason hold invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect tho validity of the remaining portion thoroof.
The provisions of this Ordinance shall be deemed an exercise of
tAe police power of Collier County for the protection of the public
he.,lth, safety and welfare and thereforo shall be liberally construed
to accomplish that purpose and implement the legislative intent and
declaration.
`— ...•; ";�:• .•i?'.: �� fit .�
PaCKet Page -lb/I-
6/25/2013 17.F.
• � 625 P X350,
If Such a violation is continuing, each day's violation or separate
act ahail be a separate offense.
Erfective Date: This Ordinance shall take affect upon receipt of notice
"from the Secretary of State that this Ordinance has boon filed with the
Secretary of State.
Dated: Juiv 8. 19m, BOARD OF COUNTY COMMISSIONERS
ATTEST:
MARGARET T. SCOTT
Clerk of the Circuit Court
:Deputy Clart
COLLIER COUNTY, FLORIDA
By /
A roved as to form and legality:
Davic merson , runer
Colliir County Attorney
rw.t M e"ww Ow.H. son
dou "tt. nonnA
• W1MOOtt t• ODOR
,l rLq M we"61 awq
Packet Page -1672-
17E
RESOLUTION2003- 53
A RESOLUTION BY THE BOARD OF COUNTY
CONWSSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF
THE COLLIER COUNTY LAND DEVELOPMENT
CODE AFFECTING ORDINANCE 75 -29 ALSO
KNOWN AS VFW PUD, REQUIRING
SUNSETTING OF THE PROJECT BECAUSE A
PUD AMENDMENT WAS NOT SUBNIITTED
PURSUANT TO RESOLUTION 2002 -286; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the "VFW' PUD, Ordinance 75 -29 adopted on July 9, 1975, is subject to
the provisions of Land Development Code (LDC) Section 2.7.3.4., Time Limits for Approved
PUD Master Plans as such regulations for project approved prior to October 24, 2001; and
WEtEREAS, the Board of County Commissioners has reviewed the subject PUD and has
determined that the development authorized by the current PUD Master Plan has not commenced
and this project has sunsetted as that term is defined by LDC § 2.7.3.4; and
WEiEREAS, the Board of County Commissioners adopted Resolution 2002 -286 on June
25, 2002 directed the property owner of the VFW PUD to submit an amendment by November
26, 2002; and
WHEREAS, the property owner did not file an amendment to the VFW PUD within the
afore- mentioned six month time period; and
WHEREAS, § 2.7.3.4 requires an amendment to be submitted or development approvals
cannot be granted.
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of
Collier County, Florida that:
The above Recitals are accepted as true and are adopted by reference as if
fully set forth herein.
2. The County staff has complied with the review requirements of LDC §
2.7.3.4 as applicable to this property.
Packet Page - 1673- -_....
66125/2013 17.F.
1110_�
1.1"\
17E
3. Pursuant to LDC § 2.7.3.4 the VFW PUD is hereby considered to have
sunsetted, and accordingly development will not be approved by the
county for the subject site until such time as the Crestwood PUD is
amended or rezoned to another zoning district consistent with the
requirements of the LDC.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition.
This Resolution is effective immediately upon its approval.
This Resolution adopted after motion, second and majority vote.
Done this � a � _ day of A A,1 2003.
:1VjGHT
;B perk
,...
a to at : r- irrut'
3E+IQnatWe o61 x...,
itg1' rte:
Approved as to Form and Legal Sufficiency:
*Pack G. *'te-
Assistant County Attorney
VFW PUD
BOARD OF COUNTY COASUSSIONERS
COLLIER COUNTY, FLORIDA
may,
Tom Heysrinq, Chairman
-2-
Packet Page -1674-
6/25/2013 1 7. F.
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
6/25/2013 17.F.
I
GO&T County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6358
www.colliergov.net
r.TA KIr% A 0 r% Cal "7f%kIC A DOI Id- A 'r'r%
PROJECT NO RZ- PL20130000049 REV: 2
PROJECT NAME VFW PUD
DATE PROCESSED DATE: 4/9/13
DUE: 5/7/13
APPLICANT/AGENT INFORMATION
NAME OF APPLICANT(S) Brian Ohlis (SO FLO SPEED SHOP NAPLES LLC)
ADDRESS 2684 Horseshoe Drive S CITY Naples STATE FL zip 34101
TELEPHONE # N/A
E-MAIL ADDRESS:
CELL # 239.253.0557 FAX #
bohlis@comcast.net
NAME OF AGENT NIA
ADDRESS N/A
TELEPHONE # N/A
E-MAIL ADDRESS: N/A
CELL # N/A
CITY N/A STATE N/A zip N/A
FAX # N/A
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
August 30, 2010
Packet Page -1675-
10-*%,
6/25/2013 17.F.
COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6356
www.colliergov.net
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition. Provide
additional sheets if necessary. Information can be found on the Board of County Commissioner's website
at litii): / /www.collierciov .net /inciex.rtsl)x ?woe =774
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE _— ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS _
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY STATE ZIP
CITY STATE ZIP
CITY STATE ZIP
CITY
Packet Page -1676-
STATE ZIP
August 30, 2010
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
b.
C.
6/25/2013 17. F.
Co T County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
DISCLOSURE OF INTEREST INFORMATION
If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such interest. (Use additional sheets if necessary).
Name and Address % of Ownership
If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
of Ownership
BRIAN T OHLIS
106
If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address % of Ownership
Packet Page -1677-
.dualist 30, 2011)
?0\
6/25/2013 1 7. F.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the neneral nnriinr ilmit, -A nnrtno -m.
Name and Address
% of Ownership_
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
Date of Contract:
f. if any contingency clause or contract terms involve additional parties, list all
individuals or officers if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired 12/2-1.,"12 ❑ Term of lease
yrs, /mos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a
supplemental disclosure of interest form.
Packet Page -1678-
August 30, 2 010
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
6/25/2013 175.
Colffer Cmnty
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.collier_qov.net
PROPERTY ;DESCRIPTION
Legal Description of Subject Property: (If space is inadequate, attach on separate page.) If request involves
change to more than one zoning district, include separate legal description for property involved in each
district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum
1" to 400' scale) if required to do so at the pre- opplication meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the
legal description, an engineer's certification or sealed survey may be required.
Section /Township /Range 6
Lot: .040 Block: 029
Plat Book ___ Page #:
Metes & Bounds Description:
/49 /26
Property I.D. #: 00283680001
330 660 21' Boo 5
Size of @r�eriv: ft. X ft. = Total Sq. Ft. ` , Acres__-.-.-•____ --
Address /g_eneral location of subject property: 7071 HUNTERS ROAD
ADJACENT ZONING AND LAND USE
Does the owner of the subject property own property contiguous to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on separate page).
Section /Township /Range 111, f,
Subdivision:
Plat Book: Page #
Metes & Bounds Description:
Lot.
Property I.D. #•
Packet Page -1679-
August 30, 2010
Zoning - - - -- - —� - Land Use
IN I
ESTATES(E)
i E
f ESTATES(E)
s' W
i TO LIVINGSTON ROAD ROW, THEN (Act) and (PUD) . LIVINGSTON ROAD; THEN ORCHARD AND CHURCH
Does the owner of the subject property own property contiguous to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on separate page).
Section /Township /Range 111, f,
Subdivision:
Plat Book: Page #
Metes & Bounds Description:
Lot.
Property I.D. #•
Packet Page -1679-
August 30, 2010
/"*%,
6/25/2013 17.F.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
REZONE REQUEST
This application is requesting a rezone from the PUD zoning district(s) to the (E- ESTATES) zoning
district(s).
Present Use of the Property: Undeveloped under Present Use
Proposed Use (or range of uses) of the property- Estates (E) Residential
EVALUATION CRITERIA
Pursuant to Section I0.03.05.H. of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of
County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria noted below. Include
any backup materials and documentation in support of the request.
Standard Rezone Considerations (LDC Section 70,03.05.H.)
7 . Whether the proposed change will be consistent with the goals, objectives, and policies and future land
use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property for the proposed change.
5. Whether changed or changing conditions make the passage of the proposed amendment (rezone)
necessary.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of
vehicular traffic, including activity during construction phases of the development, or otherwise affect
public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
10. Whether the proposed change will seriously affect property values in the adjacent area.
7 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
Packet Page -1680-
August 30, 2010
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
6/25/2013 1 7. F.
C", er County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
72. Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
73. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
74. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
75, Whether it is impossible to find other adequate sites in the county for the proposed use in districts
already permitting such use.
76. The physical characteristics of the property and the degree of site alteration which would be required
to make the property usable for any of the range of potential uses under the proposed zoning
classification.
17. The impact of development on the availability of adequate public facilities and services consistent with
the levels of service adopted in the Collier County growth management plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11],
as amended.
78, Such other factors, standards, or criteria that the board of county commissioners shall deem important
in the protection of the public health, safety, and welfare.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners association in
the area for which this use is being requested in order to ascertain whether or not the request is affected by
existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on
this property within the last year? If so, what was the nature of that Hearing?
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation
or zoning verification rendered on this property within the last year? ❑ Yes F No
If so, please provide copies.
Additional Submittal requirements: In addition to this completed application, the following shall be submitted
in order for your application to be deemed sufficient, unless otherwise waived during the pre - application
meeting.
a. A copy of the pre - application meeting notes;
b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36"
conceptual site plan (16 copies if for affordable housing) [and one reduced 81/2" x 11" copy
of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAC), or CCPC];
August 30, 2011)
Packet Page -1681-
6/25/2013 17.F.
Go ter County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
• all existing and proposed structures and the dimensions thereof,
• provisions for existing and /or proposed ingress and egress (including pedestrian ingress and
egress to the she and the structure(s) on site),
• all existing and /or proposed parking and loading areas [include matrix indicating required
and provided parking and loading, including required parking for the disabled],
• required yards, open space and preserve areas,
• proposed locations for utilities (as well as location of existing utility services to the site),
• proposed and /or existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the
previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said
aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification
shall be consistent with Florida Department of Transportation Land Use Cover and Forms
Classification System. Additionally, a calculation of the acreage (or square feet) of native
vegetation on site, by area, and a calculation and location(s) of the required portion of native
vegetation to be preserved (per LDC Section 3.05.07.8.1.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting.
For TIS Guidelines and Procedures, please refer to the following link:
htlp:/ iu-Anu. cotliereov.net�"lndex.aspa?paae, ,i66.
For additional questions, contact John Podczerwinky, 239 - 252 -8192
h. A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre - application meeting);
i. Any additional requirements as may be applicable to specific conditional uses and identified
during the pre - application meeting, including but not limited to any required state or federal
permits.
School Concurrence - If the proposed project includes a residential component, you are required to contact
the School District of Collier County at 239 -377 -0267 to discuss school concurrency requirements.
Section 10.03.05.6.3. of the Land Development Code requires an applicant to remove their public hearing
advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's
final action on this item, please remove all public hearing advertising sign (s) immediately.
August 30, 2010
Packet Page -1682-
6/25/2013 171
CAT CAMnty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
NEIGHBORHOOD INFORMATIONAL MEETING
LDC Section 10.03.05. F
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review
and comment on the application and before the Public Hearing is scheduled with the Planning Commission.
Written notice of the meeting shall be sent 15 days prior to the Neighborhood Information Meeting to all
property owners who are required to receive legal notification from the County pursuant to Section
10.03.05.F.2.
Notification shall also be sent to property owners, condominium and civic associations whose members are
impacted by the proposed land use change and who have formally requested the County to be notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished
to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days
prior to the scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be reasonably
convenient to those property owners who are required to receive notice and the facilities must be of
sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where legal
notices and classified advertisements appear stating the purpose, location, time of the meeting and legible
site location map of the property for which the zoning change is being requested. The display
advertisement must be one- fourth page, in type no smaller than 12 point and must be placed within a
newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5)
days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to
develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the
Zoning Department.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced
to writing and made a part of the record of the proceedings provided to the Zoning Department. These
written commitments will be made a part of the staff report of the County's review and approval bodies
and made a part of the consideration for inclusion in the conditions of approval.
In cases where the applicant's petition activity extends beyond one year from the date that the last
Neighborhood Information Meeting (NIM) was held, an additional NIM will be conducted with adherence to
all notification and advertising required for the initial meeting.
August 30, 2010
Packet Page -1683-
6/25/2013 17.F.
C; ter Cmnty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1 . NAME OF APPLICANT: BRIAN T OHLIS (SO FLO SPEED SHOP NAPLES LLC)
2.
3.
4.
5.
MAILING ADDRESS: 2684 HORSESHOE DRIVES
CITY NAPLES
STATE FL Zip 34104
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 7071 HUNTERS ROAD NAPLES FL 34105
LEGAL DESCRIPTION:
Section: 6 Township: 49 Range: 26
Lot: ,000 Block: 029
Subdivision: 000100 ACREAGE HEADER
Plat Book Page #: Property I.D. #: 00283680001
Metes & Bounds Description:
❑
b. CITY UTILITY SYSTEM
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
a. COUNTY UTILITY SYSTEM
❑
b. CITY UTILITY SYSTEM
❑
c. FRANCHISED UTILITY SYSTEM
❑
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
❑
(GPD capacity)
e. SEPTIC SYSTEM
❑✓
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
❑
b. CITY UTILITY SYSTEM
❑
c. FRANCHISED UTILITY SYSTEM
❑
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
Q
7. TOTAL POPULATION TO BE SERVED:
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER -PEAK AVERAGE DAILY
B. SEWER -PEAK AVERAGE DAILY
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED:
Packet Page -1684-
August 30, 2010
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
6/25/2013 1 7. F.
er Canty
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of effluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement shall
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or
otherwise provided for at the pre - application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
August 30, 2010
Packet Page -1685-
6/25/2013 17. F.
Ca er C�alnty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
w /COVER SHEETS ATTACKED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS ,
# CAF
COPIES
REQUIRED
NOT
REQUIRED
Additional set if located in the Bayshore /Gateway Triangle
Redevelopment Area
I
❑
❑
Completed Application (download from website for current form)
20
Pre-Application meeting notes
20
❑
❑
Deeds Le al's
3
❑
❑
List identifying Owner & all parties of corporation
2
❑
Owner Agent Affidavit signed & notarized
2
❑
Completed Addressing Checklist
2
❑
Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption
justification
3
❑
❑
Historical Survey or waiver request
4
❑
Utility Provisions Statement w sketches
4
❑
Survey, signed & sealed
4
❑
❑
Traffic Impact Statement (TIS) with applicable fees. For guidelines and procedures,
refer to httrr%r` www .coltierci(.iv.netr`Index.aspx? )aae =566
7
❑
❑
Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400'
S
Electronic copy of all documents and plans (CDRom or Diskette)
2
❑
❑
Project Narrative
20
❑
Site Plans
20
❑
❑
School Impact Analysis Application — residential projects only
(download the School Impact Analysis Application from website)
2
❑
❑
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Applicant must contact Mr. Gerry J. Locavera, State of Florida, Division of Forestry @ 239 -690 -3500 for information regarding
"Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c.
Fees:
❑ Application Fee: $6,000 + $25 per acre
❑ $100.00 Fire Code Review
❑ $750.00 Comprehensive Planning Consistency Review
❑ $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -
application meeting shall not be credited towards application fees and a new pre - application meeting will be
required).
❑ $2500.00 Environmental Impact Statement review fee
$1000.00 Listed /Protected Species Survey (If EIS not required)
❑ $925.00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice from Naples Daily
News).
❑ $500.00 Legal Advertising costs for BCC meeting
Separcite Check for Transportation Fees (Refer to Exhibit A):
❑ $500.00 Methodology Review Fee
*Additional Fees to be determined at Methodology Meeting Fee Total $
❑ [reserved] School Concurrency Review Fee, if required
* Mitigation Fees, if applicable, to be determined by the School District in coordination with the County
Note: An additional fee for the 51h and subsequent re- submittal will be accessed at 20% of the original fee.
Packet Page -1686-
August 30, 2010
6/25/2013 17.F.
EVALUATION CRITERIA
PUD CONSIDERATION (LDC Section 10.03.05.N.)
VFW PUD REZONE
1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and
the elements of the growth management plan.
The base zoning for this area is "Estates" this request is to DOWN ZONE the property from PUD to Estates.
2. The existing land use pattern.
Estates north, east and south, agriculture and PUD across Livingston Road to the west.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the
proposed change.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
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.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
8. Whether the proposed change will create a drainage problem.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing cond<tions.
10. Whether the proposed change will seriously affect property values in the adjacent area.
Yes. Will preserve or increase property values.
17. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in
accordance with existing regulations.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the
public welfare.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
Packet Page -1687-
6/25/2013 17.F.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting
such use.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
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.
Same as any Estates zoned lot.
17. The impact of development on the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County growth management plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended.
Not applicable: this is a DOWN ZONE and more consistent with the GMP then the existing conditions.
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.
Packet Page -1688-
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
co er County
AFFIDAVIT
6/25/2013 17.F.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
t_- 'lt'rti,l>rrr c Sv' i �C} S�t'`� SJc�;Qr�.E.11_LC.
being first dally sworn, depose and say that weJ am /are
the owners of the property described herein and which is the suhfect matter of the proposed hearing;
that all the answers to the questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementat), matter attached to and made a part of this
application, are honest and true to the best of'our knowledge and belief We /l understand that the
information requested on this application must be complete and accurate and that the content of this
,form, whether computer generated or Couno, printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted.
As property owner YT'eiI farther authorize _
representative in anv matters regarding this Petition.
Signature of'Property Owner
Typed or Printed Name of Owner
to act as our /my
Signature of Property Owner
Typed or Printed Name of Oivner
l
They brcgoing inxtrument was acknowledged before me this _ dal: of , 20
by iE _i n, who is personally know to me or has produ ed _ �^" f
as identification.'`
10
State ofFlorida ��,0 • '• ° °•• o� y", ig in f of .rvotan� Pu lrc -Slate of
C'ouni }- of Collier _`� �� Florida)
t8
r,2 ,oa Q (Print, Tyre, or Stamp Commissioned
O ° 41y
°•.....• ' P�,. <` Name of Notary Public)
'�i.�pettlgl¢sA�eca
August 30, 2010
Packet Page -1689-
6/25/2013 17.F.
AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development
Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail
to the following property owners and/or condominium and civic associations whose members
may be affected by the proposed land use changes of an application request for a rezoning, PUD
amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information
Meeting. For the purposes of this requirement, the names and addresses of property owners
shall be deemed those appearing on the latest tax rolls of Collier County and any other persons
or entities who have made a formal request of the county to be notified. The said notice
contained the laymen's description of the site property of proposed change and the date, time,
and place of a Neighborhood Information Meeting.
Per the attached letters, property owner's list, and copy of newspaper advertisement which are
hereby made a part of this Affidavit of Compliance
L
(Signature of Applicant)
State of Florida
County of Collier
The foregoing Affidavit of compliance was acknowledged before me this � day of
-' , 2013 by 43VO�_4,) 1 r S , who is personally
kn wn to m who has produced --1 L1 �2 -7 `i (r '7 ,j,401 dentificatic
i e� x VFU 1 /if.
(Signature of Notary Pu ic)� ' 'a,�;
Printed Name of Notary
G: \NIM Procedures /Affidavit Of Compliance - NIM Oct2010.Doc
Packet Page -1690-
Mary pS�e �5�tit.•
�f 'rrA`^
1Prrg, {�1pRCetR� '
6/25/2013 17.F.
EXIBIT "A"
LEGAL DESCRIPTION
Beginning at the Southwest corner of Section 6, Township 49 South, Range 26 East,
run Northerly along the West boundary line of said Section 6, a distance of 660 feet
to a point of beginning; thence continue Northerly along said West boundary line of
Section 6, a distance of 660 feet to a point, thence Easterly along a line 1320 feet
North of and. parallel to the South.boundary line of said Section 6, a distance of
330.07 feet to a point, thence Southerly along a line 330.07 feet East of a parallel to
said West boundary line of Section 6 a distance of 660 feet to a point, thence
Westerly along a line 660 feet North of and parallel to said South boundary line of
Section 6 a distance of 330.07 feet to point of beginning.
Packet Page -1691-
This Document Prepared By:
Mark J. Woodward, Esquire
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
Telephone: (239) 649 -6555
Parcel ID No.: 00283680001
6/25/2013 17.F.
INSTR 4780679 OR 4870 PG 439
RECORDED 1228/201211:05 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70 $2,450.00 REC $18.50
CONS $350,000.00
Warranty Bud
THIS INDENTURE, made this 2'7 P% day of 011 c 4- 1.-, , 2012,
between Vanderbilt Devco, L.L.C., a dissolved Florida limited liability company, as GRANTOR *,
and So Flo Speed Shop Naples LLC, a Florida limited liability company, as GRANTEE *, whose
post office address is: 2684 Horseshoe Drive South, Naples, FL 34104.
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee,
the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and
Grantee's heirs and assigns forever, the following described land, situate, lying and being in the
County of Collier, State of Florida, to -wit:
Beginning at the Southwest corner of Section 6, Township 49 South, Range 26 East,
run Northerly along the West boundary line of said Section 6, a distance of 660 feet
to a point of beginning; thence continue Northerly along said West boundary line of
Section 6, a distance of 660 feet to a point, thence Easterly along a line 1320 feet
North of and parallel to the South boundary line of said Section 6, a distance of
330.07 feet to a point, thence Southerly along a line 330.07 feet East of and parallel
to said West boundary line of Section 6 a distance of 660 feet to a point, thence
Westerly along a line 660 feet North of and parallel to said South boundary line of
Section 6 a distance of 330.07 feet to point of beginning.
SUBJECT TO taxes for the year 2013 and subsequent years; zoning, building code, and
other use restrictions imposed by governmental authority; outstanding oil, gas and mineral interests
of record, if any; and restrictions, reservations and easements common to the subdivision.
And said Grantor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims of all persons whomsoever.
To have and to. hold in fee.simple_forever.
*Singular and plural are interchangeable as context requires.
The subject property is vacant property and is not the homestead of the Grantor.
n Pursuant to F.S. 608.4431(1)(e), the sale of this property and the purchase money mortgage to
be held by Grantor is an "act necessary to wind up and liquidate its business and affairs."
Page I of 2
Packet Page -1692-
�, 6/25/2013 17.F.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in the presence of
Signature of Witness #1 to Vanderbilt Devco, L.L.C.
Print Name of Witness #1 to Vanderbilt Devco, L.L.C.
Sign a of ne #2 to Vans bilt Dev i L.L;C.
Print Name Witness #2 to Vanderbilt Devco, L.L.0
Vanderbil Devco, L.L.C.,
a dissolve4 Florida limited liability company
By:.--
t j L" I
F. S uart Hodgson,
Member
STATE OF FLORIDA --
COUNTY OF COLLIER
„ The f regoing instrument was acknowledged before me this 'y day of
2012, by F. Stuart Hodgson as Managing Member of Vanderbilt
Deveo, L.L.C., a dissolved Florida limited liability company, who is ( e appropriate box)
j perso ally kngwn to me or who ] produced
-- NY t vt� , L) -i/ i fit' as identification.
4
�a
Notary Public Signature
Printed Name:
Commission No.
My Commission Expires:
(SEAL)
Notary Pufti stets Of %rws
TAM N Neesiefn
Oenttnl.elot, EE121710
tattROts
Page 2 of 2
Packet Page -1693-
aw
SI.ngF
sip
qs
Packet Page -1694-
6/25/2013 17.F.
iW
LAJ
uj
1.1-0 — wl ;-- I
pi
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6/25/201317.F.
co ier County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
PRE - APPLICATION MEETING NOTES
REZONE - STANDARD
PL#
Date: [ . 5 [ i '2�', Time: Cc=� Firm: i5ZARE
Project Name:
Applicant Name: —Phone: (14�S (.00{
Owner Name:
Owner address: Phone:
Assigned Planner: M "V�
Meeting Attendees: (attach Sign -in Sheet)
Meeting Notes
-F-) V ( o r� www) D
• ,� � i ! �.�J Jai. ' .� ,/ � �� / _�/_�' � •
� ... _ _ • III : i .' Iii .�� r i . _ � ii �
Comments should be forwarded to the Planner prior to t*due date
PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS:
SCHOOL DISTRICT (residential
PARKS & REC - VICKY AHMAD
components} Am Taylor
SUPERVISOR OF ELECTIONS
IMMOKALEE WATER/SEWER
DISTRICT
DR/EMI - EMER. MGMT - Dan
UTILITIES ENGINEERING: PAULO
Summers
MARTINS
CITY OF NAPLES, Robin Singer,
BAYSHOREIGATEWAY TRIANGLE
Planning Director
REDEVELOPMENT Executive Director
CONSERVANCY, Nichole Ryan
FIRE REVIEW: RICCO LONGO
EMS - ARTIE BAY
ENGINEERING: JACK MCKENNA
_ TRANS. PATHWAYS: AL4l N—
COMP PLANNING: (SEE SIGN -IN
�RA{�jRp� 7;�.
SHEET FROM PRE -APP MEETING)
ENVIRONMENTAL: SEE SIGN -IN
SHEET FROM PRE -APP MEETING)
JUNE 2011
Packet Page -1695-
6/25/2013 17.F.
Additional Notes:
'let" fJ- 1 Ccct M-C ll,C -,
t4,� ,�-c (DN
Q,4 v-t ITT �Zk `4�,q/s u-
S = Ko "& 't i tAl u.sc—s A !— 7( n
- t-f-- M..� - , V
Packet Page -1696-
t4,� ,�-c (DN
Q,4 v-t ITT �Zk `4�,q/s u-
S = Ko "& 't i tAl u.sc—s A !— 7( n
- t-f-- M..� - , V
Packet Page -1696-
6/25/2013 171.
REZONE - STANDARD (RZ) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED
BELOW W /COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
REQUIREMENTS
# OF
COPIES
REQUIRED
NOT
REQUIRED
Additional set if located in the Bays hore/G ateway Triangle
Redevelopment Area or within % of City of Naples
1
Completed Application (download from website for current
form)
20
x
Pre-Application meeting notes
20
Project Narrative
20
Deeds /Legal's
3
List identifying Owner & all parties of corporation
2
Owner /Agent Affidavit signed & notarized
2
Completed Addressing Checklist
2
Environmental Impact Statement (EIS)_* or exemption justification
2
7�
Digital/electronic copy of EIS Planner, Environmental
2
Historical Survey or waiver request
Utility Provisions Statement w /sketches
4
Survey, signed & sealed
4
Traffic Impact Statement (TI S) or waiver (with applicable fees
Copy of Traffic Impact Statement (TIS) on CDROM
7
3
X
Aerial photographs (taken within the previous 12 months min.
scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project
boundary
5
Electronic co of all documents and plans CDRom or Diskette
1
Xi
Site Plans
20
School Impact Analysis Application
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Applicant must contact Mr. Gent' J. Lacavera, State of Florida
Division of Forestry @ 239 - 690 -3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c.
AFFORDABLE HOUSING - If project includes an Affordable Housing component, you are required to
schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County
Housing and Human Services Department at 239 -252 -2273.
SETTLEMENT AGREEMENTS:
❑ Check here if there are any Settlement Agreements associated with this property. Indicate type
of agreement and agreement number. Route package to The Conservancy, Attn: Nichole Ryan
Agreement #.
❑ Deltona ❑ Lely Barefoot Beach ❑ Port of the Islands lnterlocal
Packet Page -1697-
co �r 1 Coanty 6/25/2013 171.
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION( NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
Fees:
® Application Fee: $6,000 + $25 per acre (or fraction thereof)
® $100.00 Fire Code Review
�
® $750.00 Comprehensive PI nning Consistency Review
® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the
last pre - application meeting shall not be credited towards application fees and a new pre -
application meeting will be required).
❑ $2500.00 Environmental Impact Statement review fee
❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required)
® $925.00 Legal Advertising costs for CCPC meeting
® $500.00 Legal Advertising costs for BCC meeting
(To be reconciled upon receipt of invoice from Naples Daily News)
Please attach Separate Check for Transportation Fees, (Refer to Exhibit A):
❑ $9040 -_ Meth DdoJegy -Rsvaew -Fee; if e
*Additie+:val- F- ees4e -be- defier -mined-at-Methodelegy- Meeti,mg-
Fee Total $
Applicant/Agent Signature
JUNE 2011
Packet Page -1698-
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PUBLIC PARTICIPATION REQUIREMENTS 6/25/2013 17.F.
LDC 10.03.05 F.I.
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff
review and comment on the application and before the Public Hearing is scheduled with the Planning
Commission.
Written notice of the meeting shall be sent to all property owners who are required to receive legal
notification from the County pursuant to Section 10.03.05.B.8.
Notification shall also be sent to property owners, condominium and civic associations whose members
are impacted by the proposed land use change and who have formally requested the County to be
notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be
furnished to the Land Development Services Department and the Office of the Board of County
Commissioners no less than ten (10) days prior to the scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be
reasonably convenient to those property owners who are required to receive notice and the facilities
must be of sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where
legal notices and classified advertisements appear stating the purpose, location, time of the meeting
and legible site location map of the property for which the zoning change is being requested. The
display advertisement must be one -fourth page, in type no smaller than 12 point and must be placed
within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner
than five (5) days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends
to develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy
to the Land Development Services Department.
As a result of mandated meetings with the public, any commitments made by the applicant shall be
reduced to writing and made a part of the record of the proceedings provided to the Land
Development Services Department. These written commitments will be made a part of the staff report
of the County's review and approval bodies and made a part of the consideration for inclusion in the
conditions of approval.
Packet Page -1701-
\.
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NEIGHBORHOOD
INFORMATION MEETING
Petition RZ- PL20130000049
The public is invited to attend a neighborhood meeting held by
Brian Ohlis on:
April 15, 2013, 6:00pm
at the
Collier County Library,
2385 Orange Blossom Drive, Naples, FL 34109
The subject property, VFW PUD, approximately 5 Acres is lo-
cated on the NE corner of Old Livingston Road and Hunters road
in Section 6 Township 49, Range 26, Block 029 Collier County,
Florida
The property owner is petitioning Collier County to Rezone the
property from VFW Planned Unit Development (PUD) to the Sin-
gle Family Estates Zoning to limit the uses allowed on the prop-
erty from VFW to Residential.
WE VALUE YOUR INPUT
Property owners and residents are welcome to attend the neigh-
borhood Information meeting to discuss this matter with the
owner. If you are unable to attend this meeting, but have ques-
tions or comments, they can be directed by mail, phone, or e-
mail by April 15, 2013 to:
Brian Ohlis
2684 Horseshoe Drive S Naples, Florida 34104
bohlis @comcast.net
Phone: 239.643.1001
No. 2311950 1 8 April 5. 2013
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6/25/2013 17Y.
Brian Ohlis
2684 Horseshoe Drive S, Naples, Florida 34104
239.253.0557
bohlis@comcast.net
April 1, 2013
Re: Neighborhood Information Meeting
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a PUD
Rezone to the Estates Zoning District for the following described property:
7071 Hunters Road - -- Corner of Old Livingston Road and Hunters Road
Legally Known as: 6 49 26 BEG SW CNR SEC 6, RUN N ALG W LI 660FT TO POB, CONT N 660FT, E 330.07FT, S
660FT, W 330.07FT TO POB 5 AC OR 818
The petitioner is asking the County to approve this application to allow the zoning to revert back to its
original zoning of a Single Family Estates Zoning.
In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be
held to provide you an opportunity to influence the form of zoning. The Neighborhood Information Meeting will
be held on April 15, 2013, 6:00pm at the Collier County Library, 2385 Orange Blossom Drive, Naples, FL 34109
At this meeting the petitioner will make every effort to illustrate how the property will be developed and to
answer any questions. Should you have questions prior to the meeting, please contact me.
Sincerely,
i3� 7&kt,4
Brian Ohlis
Packet Page -1703-
6/25/2013 17.F.
Memorandum
To: Michael Sawyer
From: Brian Ohlis
Date: April 17, 2013
Subject: VFW Rezone (RZ -PL- 20130000049)
Neighborhood Information Meeting Synopsis
Brian Ohlis conducted a Neighborhood Information Meeting (NIM) on Monday, April
15, 2013. The meeting was held at 6:00 p.m. at the North Collier Library, Sugden
Theater, located on Orange Blossom Road.
The sign -in sheet is attached as Exhibit "A ".
Ellie Madegan showed up at 6:07 at which time the meeting started with a brief
opening by Brian regarding the project.
At approximately 6:15 Lorraine Lott came to attend the meeting.
The following is a summarized list of the questions asked and the responses given.
Question /Comment 1: Ellie Madegan asked about the current zoning of the property
because she thought that the VFW PUD was dissolved already due to sunsetting.
Response: Mike Sawyer explained that the parcel remained PUD zoned. Sunsetting
of the PUD did not change the zoning designation, so the reason for the request is to
now rezone, or down zone for lack of a better term, from the current PUD
designation to the proposed estates designation.
Ellie explained that she thought that the property had already gone back to estates
with the sunsetting. She indicated she was glad to see the property would remain or
go back to Estates.
There was additional discussion off the subject of this petition request regarding the
neighborhood. Specifically questing about a business operating out of one of the
residences. After a discussion about home occupational licenses it was suggested
that a call to code enforcement to request an investigation would be the best course.
Packet Page -1704-
6/25/2013 17.F.
Question/ Comment 2: Lorraine Lott asked about the letter that was sent to her
regarding the meeting. She indicated that both she and her husband read the letter
and were not completely confident they understood what was being proposed or
requested.
Response: Brian briefly indicated that he wants to simply rezone the parcel back to
Estates.
Mike also said that the basic form letter and information format are required of /for
Neighborhood Information Meetings.
Both of the meeting participants said that they were just concerned that this was not
a request for another zoning action and that they were very happy with the
property being estates like the surrounding properties in the neighborhood.
There were no further questions or comments. The meeting concluded at
approximately 6:2S p.m.
Packet Page -1705-
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6/25/2013 17.F.
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Packet Page -1707-
n
6/25/2013 17. F.
ORDINANCE NO. 13-
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 PROPERTY FROM THE PLANNED
UNIT DEVELOPMENT ZONING DISTRICT KNOWN AS THE
VETERANS OF FOREIGN WARS PUD TO THE ESTATES (E)
ZONING DISTRICT FOR PROPERTY LOCATED AT 7071 HUNTERS
ROAD IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 5 +/- ACRES;
PROVIDING FOR REPEAL OF ORDINANCE NO. 75 -29, THE
VETERANS OF FOREIGN WARS PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 8, 1975, the Board of County Commissioners adopted Ordinance
No. 75 -29 creating the Veterans of Foreign Wars Planned Unit Development (PUD); and
WHEREAS, Brian Ohlis and So Fla Speed Shop Naples 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 real property, more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 6, Township 49 South,
Range 26 East, Collier County, Florida is changed from the Veterans of Foreign Wars Planned
Unit Development zoning district to the Estates zoning district for a 5 +1- acre project. The
appropriate zoning atlas map or maps as described in Ordinance No. 2004 -41, as amended, the
Collier County Land Development Code is/are hereby amended accordingly.
SECTION TWO: Ordinance No. 75 -29, the Veterans of Foreign Wars Planned Unit
Development, is hereby repealed.
VFW PUD / RZ- PL20130000049 Page I of 2
Rev. 5/03/13
Packet Page -1708-
6/25/2013 17.F.
SECTION THREE: 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 , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legal sufficiency:
Heidi Ashton -Cicko 51
Managing Assistant County Attorney
Attachment: Exhibit A — Legal Description
CP\ 13- CPS -0123 0\ 10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
VFW PUD / RZ- PL20130000049 Page 2 of 2
Rev, 5/03/13
Packet Page -1709-
GEORGIA A. HILLER, ESQ.
Chairwoman
6/25/2013 17.F.
EXHIBIT A
LEGAL DESCRIPTION
Beginning at the Southwest corner of Section 6, Township 49 South,
Range 26 East, run Northerly along the West boundary line of said
Section 6, a distance of 660 feet to a point of beginning; thence continue
Northerly along said West boundary line of Section 6, a distance of 660
feet to a point, thence Easterly along a line 1320 feet North of and
parallel to the South boundary line of said Section 6, a distance of
330.07 feet to a point, thence Southerly along a line 330.07 feet East of
and parallel to said West boundary line of Section 6 a distance of 660
feet to a point, thence Westerly along a line 660 feet North of and
parallel to said South boundary line of Section 6, a distance of 330.07
feet to point of beginning.
[from deed in O.R. Book 4870, Page 439 of the public records of Collier
County]
VFW PUD/ RZ- PL20I30000049
2/12/13
Packet Page -1710-
6/25/2013 17.F.
24D a Wednesday, June 5, 2013 A N A P L E S DA I LY 'N E W S
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 25, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 Tamiami Trail
East, Naples„ Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows: ,
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 PROPERTY FROM THE PLANNED UNIT
DEVELOPMENT ZONING DISTRICT KNOWN AS THE VETERANS OF FOREIGN WARS
PUD TO THE ESTATES (E) ZONING DISTRICT FOR PROPERTY • LOCATED AT 7071
HUNTERS ROAD IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 5 +/- ACRES; PROVIDING FOR REPEAL OF
ORDINANCE NO. 75 -29, THE VETERANS OF FOREIGN WARS PUD; AND BY
PROVIDING AN EFFECTIVE DATE. (PETITION RZ- PL20130000049)
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
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 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven dafs
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person. who decides to appeal a decision of the Board will need a record of the
proceedings Pertaining thereto and therefore, may need to ensure that a verbatim
record of g 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 the proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
June 5. 2013 No. 1991037
Packet Page -1711-