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Agenda 06/12/2012 Item # 9B
6/12/2012 Item 9.13. EXECUTIVE SUMMARY Recommendation to consider RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. The subject property is located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres; and by providing an effective date. 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 at 11412 E. Tamiami Trail which is on the southwest side of East Tamiami Trail (U.S. 41) approximately two miles northwest of Collier Boulevard (CR/SR -951), adjacent to Treetops Planned Unit Development and Trail Acres Subdivision. The petitioner's agent provided the following narrative in support of the proposed rezone: The land owner is seeking the change from the C -3 standard zoning district to the C -5 standard zoning district to address market demand for C -5 supported land uses, including but not limited to: "construction /development related and storage lana uses "; and, potentially to support common land use(s) with abutting parcels. The petitioner's agent had not proposed any specific uses for the site when the application was originally submitted, however the list of uses was narrowed at the CCPC hearing, thus all uses permitted by right in the C -5 zoning district would not be allowable uses should the rezone be approved. (Please refer to the CCPC hearing summary.) A site plan is not required by the LDC for a rezone to a "conventional" zoning district, i.e., not a PUD, and the petitioner's agent has not offered a site plan for consideration. 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 adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation RZ- PL20110001572: SSP Associates, Inc. Revised: 3120/12 BCC Hearing Date May 8, 2012 Packet Page -247- Page 1 of 5 6/12/2012 Item 9.13. Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict, and is further identified within the Coastal High Hazard Area, all as depicted on the Future Land Use Map (FLUM) of the Growth Management Plan. The Urban Residential Subdistrict does not allow commercial zoning at this location. However, the existing C -3, Commercial Intermediate District, zoning on the site is deemed consistent via Policy 5.9 of the Future Land Use Element (FLUE). The text -based Office and Infill Commercial Subdistrict is applicable to this petition. The criteria of that Subdistrict are listed in the CCPC staff report, followed by staff s analysis. 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 (COME): Environmental staff has evaluated the amendment 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 amendment. 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 amendment 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 if the conditions recommended by staff are adopted as part of any approval. Please refer to the CCPC Staff report for more details about the GMP consistency. RZ- PL20110001572: SSP Associates, Inc. Revised: 3/20/12 BCC Hearing Date May 8, 2012 Packet Page -248- Page 2 of 5 6/12/2012 Item 9.13. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION• The CCPC heard this petition on March 6, 2012 (special meeting), and by a vote of 5 to 0, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. Outdoor animal services, such as kenneling, in conjunction with any use is prohibited; 2. Outdoor storage along US 41 up to a depth of 150 feet is prohibited; 3. Outdoor storage areas beyond the 150 -foot depth limitation shall be limited to 8 feet in height or less and screened from U.S. 41 in accordance with the LDC; 4. Uses allowed by the following SIC codes are prohibited: • Farm labor contractors and crew leaders (0761) • Local trucking without storage (4212) • Livestock (5154) • Drinking places (5813) • Fuel oil dealers (5983) • Fuel dealers not elsewhere classified (5989) • Rooming and boarding houses (702 1) • Escort services only (7299) • Heavy construction equipment rental (7353) • Drive -in motion picture theatres (7833); 5. SIC Code Use Group 7999, Amusement . and Recreation Services, shall be limited to indoor uses only; 6. Homeless Shelters and Soup Kitchens are prohibited; 7. Conditional Uses listed in the C -5 zoning district and not listed as permitted or conditional uses in another commercial zoning district are prohibited; and 8. Communication Towers shall be limited and restricted to the use and height provisions applicable to the C -3 zoning district. These revisions have been incorporated into the draft ordinance. Because the CCPC vote was unanimous, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the C -3 Zoning District to the C -5 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 RZ- PL20110001572: SSP Associates, Inc. Revised: 3/20/12 BCC Hearing Date May 8, 2012 Packet Page -249- Page 3 of 5 6/12/2012 Item 9.13. to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones 1. Will the proposed change be consistent with the goals, objectives, 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? 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? RZ- PL20110001572: SSP Associates, Inc. Revised: 3/20/12 BCC Hearing Date May 8, 2012 Packet Page -250- Page 4 of 5 6/12/2012 Item 9.13. 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient 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 that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Back -up information 3) Ordinance RZ- PL20110001572: SSP Associates, Inc. Revised: 3/20/12 BCC Hearing Date May 8, 2012 Packet Page -251- Page 5 of 5 COLLIER COUNTY Board of County Commissioners Item Number: 9.13. 6/12/2012 Item 9.13. 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. RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres; and by providing an effective date. Meeting Date: 5/8/2012 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 4/5/2012 4:14:32 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/10/2012 11:06:27 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/10/2012 4:39:11 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 4/13/2012 9:28:27 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/24/2012 3:25:10 PM Packet Page -252- Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 4/25/2012 8:37:50 AM Name: KlatzkowJeff Title: County Attorney Date: 4/27/2012 9:48:29 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/27/2012 4:46:50 PM Name: OchsLeo Title: County Manager Date: 4/29/2012 8:46:48 PM Packet Page -253- 6/12/2012 Item 9.13. � 6/12/2012 Item 9.B. TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MARCH 1, 2012 RE: RZ- PL20110001572: SSP ASSOCIATES, INC. Owner /Applicant: SSP Associates, Inc. 1100 Washington Ave, Suite 3 Saginaw, MI 48601 REOUESTED ACTION: Agent: Michael R Fernandez, AICP, RA 3560 Kraft Road, Suite 301 Naples, FL 34105 The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for a rezone of the 1.75+ acre site from the Commercial Intermediate District (C -3) to the Heavy Commercial District (C -5). The site consists of the northeasterly 300 feet of a 4.1- acre parcel, all of which is zoned C -3. GEOGRAPHIC LOCATION: The subject property is located on the southwest side of East Tamiami Trail (U.S. 41) and two miles northwest of Collier Boulevard (CR/SR -951), adjacent to Treetops Planned Unit Development and Trail Acres Subdivision, in Section 32, Township 50 South, Range 26 East (11412 East Tamiami Trail), Collier County, FL (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is located at 11412 E. Tamiami Trail. The petitioner's agent provided the following narrative in support of the proposed rezone: The land owner is seeking the. change from the C -3 standard zoning district to the C -5 standard zoning district to address market demand for C -S supported land uses, including but not limited to: "constructionldevelopment related and storage land uses and, potentially to support common land use(s) with abuttingparcels. RZ- PL20110001572: SSP Associates, Inc. Page 1 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -254- �0000 =W �5 a 'S7 R J9. J14 q� �N \N Moo M IM 6/12/2012 Item 9.B. �P. � tse VJ tuts) Otl4/1i1np8 i13n10� \ � jj gg`` y W sv+naxwa aanlo� lttiB VS) vu°euiR ews � $� • C g ti �b 2 tl p Nnrxoa twpsus 6 e o 3 3 � � Wi $ rc a 3 42 yi$ i ^ 3N 0 3NOHSAVS Packet Page -255- 1.J.. cc� G. V Z Z O N CL Q Z O I- Q U O J N 0 N J a N Z O H W CL 6/12/2012 Item 9.13. The petitioner's agent has not proposed any specific uses for the site, therefore all uses permitted by right in the C -5 zoning district would be allowable uses should the rezone be approved. A site plan is not required by the LDC for a rezone to a "conventional" zoning district, i.e., not a PUD, and the petitioner's agent has not offered a site plan for consideration. SURROUNDING LAND USE AND ZONING (Please refer to the Zoning Map): Northeast: US 41, Tamami Trail East, then Whistlers Cove PUD Northwest: Vacant commercial tract within the Treetops of Naples PUD Southwest (along US 41 frontage): Commercial uses with a zoning designation of C -5 Southeast: A vacant C -3 zoned tract also owned by the applicant. West: Residential portion of the Tree Tops PUD Location Map — property depictions are approximate GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject site is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict, and is further identified within the Coastal High Hazard Area, all as depicted on the Future Land Use Map (FLUM) of the Growth Management Plan. The Urban Residential Subdistrict does not allow commercial zoning at this location. However, the existing C -3, Commercial Intermediate District, zoning on the site is deemed consistent via Policy 5.9 of the Future Land Use Element (FLUE). The text -based Office and Infill Commercial Subdistrict is applicable to this petition. The criteria of that Subdistrict are listed below, followed by staff's analysis [bold text]. RZ- PL20110001572: SSP Associates, Inc. Page 2 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -256- 6/12/2012 Item 9.13. a. The subject site is in the Urban-Mixed Use District. [The site is so designated.] b. The subject site abuts a road classified as an arterial or collector on the Collier County Functional Class Map, as adopted in the Transportation Element. [The site abuts US -41, an arterial roadway in the Transportation Element.] c. A rezone to commercial zoning is requested for the subiect property in its entiretv. un to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. [The subject property in its entirety is 4.1 acres in size, thus complies with the 12 -acre cap. However, the entire parcel is not proposed for rezoning. The entire parcel is presently zoned C -3 and only the northeasterly 300 feet abuts commercial zoning on both sides (C -5 and PUD commercial). This petition seeks to rezone only that northeasterly 300 feet. The applicant could have requested a rezone for the entire site with the southwesterly portion being rezoned from C -3 to C -3, per FLUE Policy 5.1, and the northeasterly 300 feet being rezoned from C -3 to C -5, via this Office and Infill Commercial Subdistrict. Staffs opinion is that this criterion is met.] d. The site abuts commercial zoning: (i) On one side and that abutting commercial site is not within an infill Subdistrict in the Urban Mixed Use District or the Urban Commercial District; or, (ii) On both sides. [The site abuts commercial zoning on both sides.] e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. [Both abutting commercial parcels lie in unincorporated Collier County.] f. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case -by -case basis. [As previously noted, the entire subject parcel is currently zoned C -3, only the northeasterly 300 feet of the site abuts commercial zoning on both sides, only that northeasterly 300 feet is being requested to be rezoned to C -5, and property on both sides to a depth of at least 300 feet are zoned commercial (C -5 and PUD commercial). This criterion is met.] g. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. [The northeasterly 300 feet of the site abuts commercial zoning on both sides, one of which is C -5. Petition request is for C -5 zoning.] h. The subject property in its entirety was not created to take advantage of this provision, evidenced by its creation prior to the adoption of this provision in the Growth Management RZ- PL20110001572: SSP Associates, Inc. Page 3 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -257- 6/12/2012 Item 9.B-. Plan on October 28, 1997. [Review of 1995 tax assessor maps reveals the parcel in its entirety (4.1 acres) existed at that time.] i. For those sites that have existing commercial zoning abutting one side only: (i) commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met; and, uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. [Not applicable.] j. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met. [This is the first usage of this Subdistrict at this location. The commercial zoning on the subject site and the abutting parcels on each side of it is deemed "consistent by policy" under FLUE Policy 5.9 (improved property).] k. Lands zoned for support medical uses pursuant to the "1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. [Not applicable.] 1. Land adjacent to areas zoned C -1 /T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. [Not applicable.] m. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Am Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. [Not applicable.] n. At time of development, the project will be served by central public water and sewer. [County central water and sewer is available at this location.] o. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. [Comprehensive Planning staff defers this determination to Zoning Services staff as part of their review of the petition in its entirety.] p. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban Mixed Use District is 250 acres. [This maximum has not been reached.] 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 amendment for consistency with the CCME. Environmental review staff has RZ- PL20110001572: SSP Associates, Inc. Page 4 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -258- 6/12/2012 Item 9.13. 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 amendment. 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 -an-d-FLUM designations is ii--po ion of -tlie overall - finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment 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 if the conditions recommended by staff are adopted as part of any approval. 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 10.03.05.1, 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 amendment 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 contains no jurisdictional wetlands and sparse native canopy trees. The understory (both mid story and ground cover) have been historically cleared since 1975 per Collier County aerials. The site is dominated primarily by Brazilian Pepper trees. No signs of any listed species were observed during the site visit. Due to the lack of native habitat as defined by the LDC due to historical clearing and maintenance, no designated county preserve will be required. Transportation Review: Transportation Division staff has reviewed the petition for right -of -way and access issues as well as roadway capacity, and recommends approval. Transportation Division staff compared C -3 to C -5 Zoning district uses pursuant to the current LDC. There are no trip generators allowed by C -5 that would exceed those listed in C -3 for traffic intensity. C -3 allows the following (high trip generating) uses: LUC 220 and LUC 230; Apartment and Condo uses, respectively. LUC 710 (Office) LUC 820 (Retail) LUC 850 (Supermarket) LUC 912 (Drive thru bank) Zoning Services Review: As noted previously, because this petition is seeking a rezone to a "conventional" zoning district, i.e., not a PUD, there is no site plan associated with it. RZ- PL20110001572: SSP Associates, Inc. Page 5 of 13 March 13, 2012 CCPC Packet Page -259- 6/12/2012 Item 9.13. 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- betrween_the_adj acent_existing uses__and_what_ is_ allowable by - the GMP. LDC Section 2.03.03.0 described the current C -3 zoning as follows: Commercial Intermediate District (C -3). The purpose and intent of the commercial intermediate district (C -3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two- arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C -1 and C- 2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C -3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C- 3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C -3 district shall not exceed the density permissible under the density rating system. To contrast, LDC Section 2.03.03.E described the proposed C -5 zoning as follows: Heavy Commercial District (C -S). In addition to the uses provided in the C -4 zoning district, the heavy commercial district (C -5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C -5 district permits heavy commercial services such as full - service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C -S district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GM-P. RZ- PL20110001572: SSP Associates, Inc. Page 6 of 13 March 13, 2012 CCPC 01A. Packet Page -260- 6/12/2012 Item 9.13. The chart below compares the site development criteria of the existing C -3 zoning districts and the proposed C -5 zoning district. Excerpts from LDC Site Design Standards Tables for Most Non - Waterfront Principal Uses (LDC Section 4.02.01.A) Zoning District Front Yard Side Ward Rear Yard .Lot Area (square Lot Width Building ... Height Setback Setback Setback feet) Maximum 50 % of BH 50% BH 50% BH C -3 < 25 feet < 15 feet < 15 feet 10,000 75 50 C -5 25 15 15 10,000 100 35 All numbers shown are the required minimum amounts All numbers shown are in feet unless otherwise noted BH = building height s = equal to but not less than The table and its footnotes show the rezoning to the C -5 zoning district will not significantly alter the required property development regulations. If a 50 foot tall structure were constructed in the C -3 zoning district, the setback could be increased to 25 feet (50% of the building height), whereas in the C -5 district the maximum height requirement would only allow a 35 foot high structure with a setback of 15 feet, which is the minimum requirement in the C -3, that would be applicable to shorter structures. Any outdoor storage would need to be screened as noted in the purpose and intent cited above. Below is a portion of the Tree Tops PUD site plan. Tract A is the abutting tract to the subject parcel in this rezone request. Ordinance No. 80 -91, the most recent action for that PUD, indicates that a variety of commercial uses, ranging from the C -1 thru C -5 zoning districts are permitted in Tract A. RZ- PL20110001572: SSP Associates, Inc. Page 7 of 13 March 13, 2012 CCPC Revised: 2!8112 Packet Page -261- 6/12/2012 Item 9.13. The site "behind" this tract, is owned by the applicant and is zoned C -3; the property to the southwest along the US 41 frontage is zoned C -5. Across US 41 is the preserve area for the Whistler's Cove PUD as shown below. ------------------ - --------- ----; ---,-------- IN �Ky YfA ts) A+7fA 1%VtA -..C: '� fj ` .. f.'.W tY ff .1h'fYtR' =f ➢J 1 Aft AGVO F 01ife� `J Staff does not foresee any negative impacts from the proposed rezone because the LDC requires buffering to separate uses. A 10 foot wide Type A buffer with trees spaced no more than 30 feet on center as shown below, would be required to separate other commercial parcels. TYPE 'A' BUFFER ilk At the northwestern property corner is a property line that is shared by the residential portion of the Tree Tops PUD. As shown in the aerial below, the area abutting the shared property corner appears to be a vegetated common area of this condominium development. (Property lines are approximate) RZ- PL20110001572: SSP Associates, Inc. Page 8 of 13 March 13, 2012 CCPC Revised: 2/8112 Packet Page -262- 6/12/2012 Item 9.13. Staff does not foresee that the uses that could develop on this site should the rezone be approved would be any more intrusive to the residential area of Treetops than the uses already allowed in the commercial tract within the Treetops PUD. The screening, buffering and setbacks required by the LDC and the PUD document should address -any- potential - incompatibility -of- the -pr - oposed- new--u.ses.— Zoning -Staff -is of ............ the opinion that this project will be compatible with the adjacent uses and zoning in the area. 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" (Staffs 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 FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element of the GMP. Therefore, staff recommends that this petition be deemed consistent with the overall GMP. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed rezone is appropriate given the existing land use pattern, and development restrictions of the LDC. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; As noted in the "Surrounding Land Use and Zoning" and the zoning review analysis portions of this report there is abutting C -5 zoned lands thus approval of 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. Staff is of the opinion that the district boundaries will be logically drawn given the current property ownership boundaries and the existing commercial zoning strip along US 41. This parcel mirrors the depth of the approved commercial uses and does not encroach in to the residential areas that are located further from US 41. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. RZ- PL20110001572: SSP Associates, Inc. Page 9 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -263- 6/12/2012 Item 9.13. The proposed rezone is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek the rezone to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed rezone can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMT. Development in compliance with the applicable LDC requirements should not adversely impact Iiving conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. Transportation Staff has reviewed the petition and believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem; The proposed rezone should not create drainage or surface water problems. The developer of any uses will be required to adhere to a surface water management permit from the SFWNID in conjunction with any local site development plan approvals and ultimate construction on site. 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 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. external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 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; RZ- PL20110001572: SSP Associates, Inc. Page 10 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -264- 6/12/2012 Item 9.13. 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. Z.i—___Whe.ther .there___..are_substantial reasons why the p_rW cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the C -5 zoning district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the petitioner is seeking to rezone only that portion of the land that aligns with the existing commercial uses along this section of US 41. The proposed rezone area does not encroach into the nearby residential areas. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Staff is of the opinion that the development standards of the LDC will ensure that the project is not out of scale with the needs of the community. 15, Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 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. Additional development anticipated by the rezone would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, 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 RZ- PL20110001572: SSP Associates, Inc. Page 11 of 13 March 13, 2012 CCPC Revised- 2/8/12 Packet Page -265- 6/12/2012 Item 9.13. concluded that no Level of Service will be adversely impacted. Further review of this issue will occur when platting or site development 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. - T-"e- determined -by the-BCC_ duringits ._advertised_public_hearing. NEIGHBORHOOD INFORMATION MEETING (NM: The NIM meeting was duly noticed by the applicant and held on January 5, 2012 at 5:30 pm. Those attending were Collier County planners Kay Deselem and Michael Sawyer; and, representatives of the petitioner and the petitioner's agents. A singular attendee, Amy Sherman, who received notification as a family member of a Tree Tops PUD condominium unit owner attended. The petitioner's agent, Michael Fernandez, explained the property location and the proposed zoning change. Ms. Sherman indicated that she had reviewed online the permitted uses of both the C -3 and C -5 zoning districts and believed that she preferred the list of C -3 uses and was specifically concerned how the development of the vacant property would impact the Tree Tops PUD driveway. It then was determined that her concerns were relative to the undeveloped commercial tract within the Tree Tops PUD which she had mistakenly assumed was the subject of the rezone. The agent provided Ms. Sherman with a copy of the governing Tree Top PUD Documents for the property. It was stated by the petitioner's agent that the existing C -3 zoning district has a maximum height of 50 ft; and, that the proposed C -5 zoning district has a 35 ft maximum height — which height is more effectively buffered by landscaping, trees and setbacks. Michael Fernandez then reviewed the proposed zoning change consistent with the attached narrative submitted with the application and attached for reference. County Planner Kay Deselem reviewed why the County requires the NIM and presented her own contact information, encouraging Ms. Sherman to call either staff or Michael Fernandez with any questions she may have; Ms. Sherman was advised that notices for the subsequent public hearings would be forthcoming and she would be welcome to attend and speak at those subsequent meetings. Meeting was closed around 6:10 pm. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on February 1, 2012. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition RZ- PL20110001572 to the BCC with a recommendation of approval. RZ- PL20110001572: SSP Associates, Inc. Page 12 of 13 March 13, 2012 CCPC Revised: 2/8/12 Packet Page -266- PREPARED BY: KAV' DIJSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM 9 ND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES ULIAM D. LORENZ, JR., PEE., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: GROWTH MANAGEMENT DIVISION 6/12/2012 Item 9.13. 0 DATE DATE i --o li L DATE Tentatively scheduled for the April 24, 2012 Board of County Commissioners Meeting RZ- PL20110001572: SSP Associates, Inc Page 13 of 13 March 13, 2012 CCPC Revised: 1/25/12 Packet Page -267- 6/12/2012 Item 9.13. co 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 STANDARD REZONE APPLICATION PROJECT NO Project #: RZ- PL201 1 0001 572 Rev: 1 PROJECT NAME Project Name: SSP ASSOCIATES Date: 11/26/11 DATE PROCESSED DUE: 12/27/11 APPLICANT /AGENT INFORMATION NAME OF APPLICANT(S) SSP Associates, Inc. ADDRESS 1100 Washington Ave, Suite 3 TELEPHONE # 989 -799 -5700 E -MAIL ADDRESS: n/a CELL # n/a CITY Saginaw STATE MI ZIP 48601 FAX # 989 - 799-9685 NAME OF AGENT Planning Development, Inc. / Michael R. Fernandez, AICP, RA ADDRESS 3560 Kraft Road, Suite 301 CITY Naples STATE FL ZIP 34105 TELEPHONE # 239- 263 -6934 CELL # 239- 370 -6557 FAX # 877-263 -0535 E -MAIL ADDRESS: mfemandez @planningdevelopmentinc.com 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 -268- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Coder County ASSOCIATIONS 6/12/2012 Item 9.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 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 httr)://www.collieroov.net/Index.asr)x?r)aae=774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS 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 STATE ZIP CITY STATE ZIP Packet Page -269- August 30, 2010. Cotter County 6/12/2012 Item 9.13. 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 DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). G Name and Address I % 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 SSP Associates, Inc. Samuel Shaheen, President & Treasurer 33 1/3% Peter H. Shaheen, Vice President & Secretary 33 113% Sabrina Shaheen Cronin 331/3% 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 -270- August 30, 2010 6/12/2012 Item 9.13. Goer 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.collieroov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership 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 below, including the otticers, stockholders, beneficiaries, or partners. Name and Address % of Ownershic 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 12/17/2007 leased ❑ 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. August 30, 2010 Packet Page -271- C 6/12/2012 Item 9.B. GAY 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 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 - application 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 32 / 50S / 26E Lot: L Block: Subdivision: Plat Book Page #: Property I.D. #: 00439960009 - portion of (see attached sketch & description) Metes & Bounds Description: see attached Exhibit B - legal description Size of property 253.76 ft. X 300 ft. = Total Sq. Ft. 73'126 Acres 1.75+/ - Address /general location of subject property: 11412 E. Tamiami Trail, Naples, Florida, 34113 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 32 / /50S �26E Subdivision: Trail Acres Lot. 1 Blo-ke 2 Plat Book: 3 Page # Metes & Bounds Description 5o Property I.D. #: 77210320008 n /a; see attached aerial graphic exhibit for location Packet Page -272- his P"L on[ Zoning Land Use N ROW E. Tamiami Trail S C -3 vacant E C -5 C -5 land uses / storage W PUD Treetops of Naples - (C -5 land uses / storage) 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 32 / /50S �26E Subdivision: Trail Acres Lot. 1 Blo-ke 2 Plat Book: 3 Page # Metes & Bounds Description 5o Property I.D. #: 77210320008 n /a; see attached aerial graphic exhibit for location Packet Page -272- his P"L on[ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 6/12/2012 Item 9.13. Co iler County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net REZONE REQUEST This application is requesting a rezone from the C -3 zoning district(s) to the G5 (1.75 + 1- ac only) zoning district(s). Present Use of the Property: commercial / vacant retail Proposed Use (or range of uses) of the property: C -5 land uses EVALUATION CRITERIA Pursuant to Section 10.03.05.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. See Attached Evaluation Criteria Standard Rezone Considerations (CDC Section 10.03.05.H.) Submittal Exhibit 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. 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. 71. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. August 30, 2010 Packet Page -273- 6/12/2012 Item 9.13. Co ey County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONi NAPLES, FLORIDA 34104 PLANNING AND REGULATION (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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect 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? N/A 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 0 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, 2010 Packet Page -274- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION -- — Coier County 6/12/2012 Item 9.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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 site 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 3.05.07.6.1.). 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: httn:/ i« tiw�. coffier� ,o�.ney'Inde�.aspx ?n��e =i(,6 , For additional questions, contact John Podczerwinky, 239 - 252 -8192 h. A historical and archeological survey or 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.B.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 -275- 6/12/2012 Item 9.13. Co ;T 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 REZONE — STANDARD (RZ) APPLICATION SUBMITTAL_ CHECKLIST TLIIC I- f%AAnl CTrn /.• • • &I &W w 1%J oc avorvtl I I to WITH H APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTAI C WILL NOT BE REQUIREMENTS # OF COPIES ACCEPTED. REQUIRED NOT REQUIRED Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area 1 ❑ ID Completed Application (download from website for current form) 20 Q ❑ Pre-Application meeting notes 20 Q ❑ Deeds Legal's 3 ❑ List identifying Owner & all parties of corporation 2 ❑ Owner Agent Affidavit signed & notarized 2 Q ❑ Completed Addressing Checklist 2 Q LJ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 ❑ Historical Survey or waiver request 4 0 Utility Provisions Statement w sketches 4 Q Survey, signed & sealed 4 ❑ Traffic Impact Statement (TIS) with applicable fees. For guidelines and procedures, refer to httn: / /www.colliera2v.net /inde- osDx2pacie =566 7 ❑ ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑✓ Electronic copy of all documents and plans (CDRom or Diskette) 2 Q ❑ Project Narrative 20 [I✓ ❑ Site Plans 20 Q 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. Lacovera, State of Florida, Division of Forestry @ 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Pion ", LDC Section 2.03.08.A.2.a.(b)i.c. Fees: ❑✓ Application Fee: $6,000 + $25 per acre (1.75 ac x $25.00) =$50 + $6000• _ $6, 050.00 Q $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 N/A required). PAID - Pre - Application Meeting held 9/28/11 N/A El El 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 $8,325.00 Separate Check for Transportation Fees (Refer to Exhibit A): ($ 500.00) N/A ❑ $500.00 Methodology Review Fee 7,825.00 *Additional Fees to be determined at Methodology Meeting Fee Total $ N/A ❑ [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. August 30, 2010 Packet Page -276- I COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1. 6/12/2012 Item 9.13. Co 7e�r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST NAME.OFAPPLICANT: SSP Associate, Inc. 2. MAILING ADDRESS: 1100 S. Washington Avenue, Suite 3 CITY Saginaw STATE Michigan ZIP 48601 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 11412 E. Tamiami Trail, Naples, Florida 4. LEGAL DESCRIPTION: Section: 32 Township: 50 S Range: 26E Lot: Block: 2-Trail Acres Subdivision: Plat Book 3 Page #: 50 Property I.D. #: 00439960009 (portion of) Metes $ Bounds Description: see legal description 5. 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 0 b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 7. TOTAL POPULATION TO BE SERVED: existi 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: existing August 30, 2010 Packet Page -277- 6/12/2012 Item 9.13. Corer 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 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 -278- 6/12/2012 Item 9.13. Coffie' r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION] NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 262 -2400 FAX (239) 252 -6358 www.colliergov.net AFFIDAVIT We /l, ssP Associates, Inc. being first duly s11107-77, depose and say that well am /are the owners of the property described herein and which is the subject 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 supplenrentmy matter attached to and made a part of this application, are honest and tare to the best of our knowledge and belief. Well understand that the it formation requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. .4s property owner 9'e/1further authorize Planning Development Incorporated to act as ourhrty representative in any matters regarding this Petition. and Michael R. Fernandez, AICP, RA Signature of Property Owner Signature of Property Owner ,Safnuel- -peen, President Typed or Printed Name of Owner Tj ped or Printed Name of Owner The oregoing �in�stri rnren t was acknowledged before me this $day of , 20 e der �i.c �^ who is ersonally known io m� or has produced as identifrcation. i State of7da t $ (Sigruatztre of Notary Public -State County ofC- fliet- I 17 /n� �1 l LD-b e� �/t n r\ �Gtl r (Print, Type, or Stanip Commissioned Name of Notary Public) Elizabeth Ann Schipper Notary Public, Saginaw County, Michigan Acting in Saginaw County My Commission Expires: March 19, 2093 August 30, 2010 Packet Page -279- Project #: Project N< 6/12/2012 Item 9.13. Date: 11/28/11 DUE: 12/27/11 LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of the property currently known as 11412 E. Tamiarni Trail, Naples, Florida, 34119, aka SSPRezone and legally described as follows: SEE ATTACHED EXHIBIT A The property described herein is the subject of an application for a Standard Rezone (R.Z) and subsequent development orders within Collier County, Florida. We hereby designate Planning Development Incorporated / Michael R. Fernandez, AICP as the duly appointed representative of the owner and petitioner(s); and as the legal representative(s) of the property; and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain development orders / permits from Collier County, Florida Power & Light (FPL), South Florida Water Management District (SFWMD), U.S. Army Corps of Engineers, Florida Department of Environmental Protection (FDEP), CenturyLink, Time Warner, Comcast, TECO, and all other jurisdictional agencies. ck -' - 'f1'7. ( to e'-1 Printed Name of Property Owner Signature of Authorized Representative Printed Name and Title of Authorized Representative STATE OF /0 ► CIS t q 6�-. COUNTY OF S i pct Sworn to (or affirmed) and subscribed before me this ,'g day of , 2011 by I as of S produced as is personally known to m_e� or who has ;- Notary Public ,SEAL My Commission Expires: AI)n Soh ` p� Nance typed, printed or stamped Elizabeth Ann schipper Notary Public, Saginaw County, Michigan -p i " _ Acting in saginew county _.. My Commission Expires: March 19, 2013 Packet Page -280- 6/12/2012 Item 9.13. EXHIBIT A LEGAL DESCRIPTION LOT 1, BLOCK 2, TRAIL ACRES, AS RECORDED IN PLAT BOOK 3, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH A PART OF SECTION 32, TOWNSHIP 50S, RANGE 26E DESCRIBED AS FOLLOWS: (O.R. BOOK 1129, PAGE 0594) BEGINNING AT THE SOUTHWESTERLY CORNER OF BLOCK 2 OF TRAIL ACRES, A SUBDIVISION RECORDED IN PLAT BOOK 3, PAGE 50, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN NORTHEASTERLY ON THE NORTHWEST BOUNDARY OF SAID BLOCK 2, AND A PROLONGATION THEREOF, 710 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 150 FEET SOUTHWEST (MEASURED AT RIGHT ANGLES) OF THE CENTERLINE OF PAVEMENT OF TAMIAMI TRAIL, U.S. HIGHWAY 41, AS SHOWN ON SAID PLAT OF RECORD. THENCE NORTHWESTERLY ALONG THE SAID LINE PARALLEL WITH THE SAID CENTERLINE 253.76 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES 710 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES 253.76 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND BEING IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Collier County Folio No.: PROPERTY ID NUMBER Packet Page -281- 00439960009 6/12/2012 Item 9.B. South Florida Surveying Inc. 2421 23rd Street S. W. Naples, Florida 34117 Phone: (239) 34-1169 sfsinc @southfloridasurveying.com http : / /www.southfloridasurveying.com CERTIFICATE OF AUTHORIZATION #LB7624 LEGAL DESCRIPTION AND SKETCH — NOT A BOUNDARY SURVEY A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4318, PAGE 459, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING WITHIN SECTION 32, TOWNSHIP 50 SOUTH, COWER COUNTY, FLORIDA, BEING MORE PARTICUL FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER Of ACRES, AS RECORDED IN PLAT BOOK 3, PAGE 5C RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID PROLONGATION THEREOF, 410.00 FEET, TO THE P, THE LAND HEREIN DESCRIBED: THENCE CONTINUE NORTH 50'56' EAST, 300 FEET. WITH A LINE RUNNING PARALLEL TO AND 150 FEE (AS MEASURED AT RIGHT ANGLES) THE CENTERLIP (U.S. HIGHWAY 41), AS SHOWN ON SAID PLAT; THENCE NORTH 39'04' WEST, ALONG SAID LINE 2; THENCE SOUTH 50-56' WEST, 300.00 FEET; THENCE SOUTH 39'04' EAST, 253.76 FEET, TO TH DESCRIBED LAND CONTAINS 76,128 SQUARE FEET ZZ REMAINDER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4318, PAGE 459 DO 5 POINT OF COMMENCEMENT SOUTHWESTERLY CORNER BLOCK 2, TRAIL ACRES Packet Page -282- BEGINNING GRAPHIC SCALE 120 0 60 120 ( IN FEET ) 1 inch = 120 ft. PATH: \MIS COLL \SSP ASSOCIATES.DWG * ** 4114141 OR: 4318 16/12/2012 Item 9.13. 11MIDID to 0111CIAL BIMUS of Malik C008ii, IL 01/07/2008 at 10:00H D1IG1! I. 110CI, CLIII COTS 400000.00 1IC ni 10.00 DOC -.70 2800.00 COPIis 1.00 Betn: SSP ASSOCUIrIS INC 3875 SAI ID 131 SIGI11t1 1I 48603 QUIT CLAIM DEED THIS QUITCLAIM DEED, Executed'this 17 day of December, 2007, by and between SAMUEL SHAHEEN and PATRICIA SHAHEEN, a married couple, of 3875 Bay Road, Suite 3N, Saginaw, Michigan 48603 party of the first part, and SSP Associates, Inc. a Michigan Corporation, of 3875 Bay Road, Suite 3N, Saginaw, MI 48603, party of the Second part, IN CONSIDERATION of the sum of FOUR HUNDRED THOUSAND AND NO /100 ($400,000.00) DOLLARS received; the party of the First part QUIT CLAIMS to the party of the Second part the following described premises included in the COUNTY OF COLLIER, STATE OF FLORIDA, to -wit: Beginning at the Southwesterly comer of Block 2 of Trail Acres, a subdivision recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida, run Northeasterly on the Northwest boundary of the said Block 2, and a prolongation thereof, 710 feet to an intersection with a line parallel with and 150 feet Southwest (measured at right angles) of.the centerline of pavement of Tamiaml Trail, U.S. Highway 41, as shown on said plat of record: Thence Northwesterly along the said line parallel with the said centerline 76 feet; thence Southwesterly at right angles 710 feet; thence Southeasterly at rigilltJa 2�3 to to the Point of Beginning, said tract of land being in Section 32, Towns ' 9 1ti"%Spt, Collier County, Florida. r IN WITNESS WHEREOF, th a[ first a has signed a d se led these presents the day and year first above written. Signed, sealed and deliver d i rpr e7oK� 7 By: SambbbZKaM66n �ditness itnes Patricia Shaheen By: Patricia Shaheen STATE OF MICHIGAN ) ) SS COUNTY OF SAGINAW ) The foregoing instrument was acknowledged before me, a Notary Public, this Z day of December, 2007, by Samuel Shaheen and Patricia Shaheen, a married couple, tome known to be the person(s) described in and who executed the foregoing instrument and,acknowiedged. that he /she executed the same as his /her free act and deed. ci Prepared By /Return To: .b&66a. No .. Pubs' LLl/d . ta+jc SSP Associates, Inc. AOng in Saginaw County, State �f;Nfi*J ,4 3875 Bay Road, Suite 3N May Commission Expires: 1 Saginaw, MI 48603 Project #: RZ- PL20110001572 Rev: 1 Project Name: SSP ASSOCIATES Date: 11/28/11 DUE: 12/27/11 Packet Page -283- Details 'D--- i „r I 6/12/2012 Item 9.13. Property Record Sketches Trim Notices > Current Ownership 1 — Parcel No. 00439960009 Property Address 111412 TAMIAMI TRL E �— Owner Narnell SSP ASSOCIATES INC Addresses 11100 S WASHINGTON AVE # 3 CItyiJ SAGINAW 11 State MI Zip 48601 - 2557 32 50 25 OR 87 PG 240 BEG Al II SWLY COR BLK 2 TR AC, RUN II NELY ON NW BDRY BLK 2 + PROLONGATION THEREOF, 71 OFT •For more than four lines of Legal Description please call the Property Appraiser's Office. Section Township Range Acres Map No. Strap No. 32 50 26 4.14 5832 502632 003.0015832 1 Millage Rates Sub No. 71 —00-11 ACREAGE HEADER "' Millaae Area School Other Total IMPROVED COMMERCIAL I ` 5.527 Use Code IF---12 6.4951 12.022 2011 Certified Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roil Land Value $ 586,105.00 p Book - Page Amount ( +) Improved Value 1 $ 125,828.00 01 / 2008 4318 - 459 $ 400,000.0( (_) Market Value $ 711,933.00 ( -) SOH Exempt Value & Other Exemptions $ 0.00 0411985 1129 - 594 $ 87,000.0( ( =) Assessed Value $ 711,933.00 ( -) Homestead and other Exempt Value (_) Taxable Value $ 711,933.00 (_) School Taxable Value (Used for School Taxes)] $ 711,933.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http://www.collierappraiser.com/RecordDe* Packet Page -284- FolioID= 00000004399... 11/29/2011 Corporate Entity Details Michigan.gov Home LARA Home I Sitemap I Contact I Online Services I Agencies Searched for: SSP ASSOCIATES, INC 6/12/2012 Item 9.B. M iCH IGAN.GOV Michigan's Official Web Site ID Num: 493345 Assumed Names I Entity Name: SSP ASSOCIATES, INC, Type of Entity: Domestic Profit Corporation Resident Agent: PETER H SHAHEEN Registered Office Address: 1100 S WASHINGTON STE 3 SAGINAW MI 48601 Mailing Address: Formed Under Act Number(s): 284 -1972 Incorporation /Qualification Date: 1 -7 -1991 Jurisdiction of Origin: MICHIGAN Number of Shares: 50,000 Year of Most Recent Annual Report: 11 Year of Most Recent Annual Report With Officers & Directors: 08 Status: ACTIVE Date: Present View Document Images Return to Search Results New Search Michioan.00v Home I LARA Home I LARA Contact I Stale Web Sites Privacy Policy I Link Policy I Accessibility Policy I Security Policy Copyright ® 2001- 2011 State of Michigan http:// www. dleg.state.mi.us/bcs— corp /dt_co ' ' '- -345 &name entity= SSP... 11/29/2011 Packet Page -285- 6/12/2012 Item 9.13. -. PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects November 21, 2011 Ms. Kay Deselem, Principal Planner Collier County Growth Management Division / Planning and Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 Project #: RZ- PL20110001572 Rev: 1 Project Name: SSP ASSOCIATES Date: 11/28/11 DUE: 12/27/11 Re: SSP Rezone (RZ -PL -2011 -1572) Re: 11412 E. Tamiami Trail, Naples, Florida Cover Letter / Project Narrative Dear Ms. Deselem: Transmitted under this cover is our application package and required support documents for the proposed Standard Rezone (RZ) application relative to SSP Associates, Inc., which was discussed with you during our September 28, 2011 pre - application meeting. Also enclosed are the associated application fee check in the amount of $7,825.00, and one (1) CDRom containing PDF documents of the entire submittal package. Proiect Narrative: The subject property is located at 11412 E. Tamiami Trail. The current zoning of the property is C3. The northernmost 300 ft of depth of the subject parcel, as measured from its frontage on US 41 E, is proposed to be rezoned from C -3 to C -5. The abutting property to the east is zoned C -5 and has a depth greater than 300 ft. as measured from its frontage. The abutting property to the west is zoned PUD and its northernmost 300 ft, as measured from its frontage is zoned for commercial and includes permitted uses from the C -3, C -4 and C -5 standard zoning districts. Abutting properties are utilized in part for "construction / development related land uses and storage facilities ". The property requested to be rezoned from C -3 to C -5 does not abut residential and is compatible with abutting properties and potentially could be utilized to support a common land use with one or more of these after rezoning. The land owner is seeking the change from the C -3 standard zoning district to the C -5 standard zoning district to address market demand for C -5 supported land uses, including but not limited to: "construction / development related and storage land uses "; and, potentially to support common land use(s) with abutting parcels. Market demand indicates that there is excess C -3 zoned property along this US 41 East segment. The C -3 zoning district is more intensive than the C -5 zoning district as it: 1) Supports more intensive trip generating commercial land uses; and 2) Permits building heights up to 50 feet, able to support a five (5) story building, verses the C -5 district's maximum height of 35 feet, able to support a three (3) story building. This standard alone establishes a C -3 zoning district which can support 67% (5/3) greater intensity measured by square footage with associated parking. The balances of the other general zoning district development standards are comparable. The more restrictive 35 foot height limitation also facilitates buffering; i.e., trees, hedges, and walls are more effective buffering heights up to 35 ft, than 50 ft. 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfernandez (&r)lanninodeveloomentinc.com • Phone 239.263.6934 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LCO000378 Packet Page -286- 6/12/2012 Item 9.13. The C -5 district supported land uses which are unique to the district are considered potentially less compatible with residential and therefore may be considered more "intensive" in this context. However, relative to the general application of the term "intensity ", the C -5 land uses in the context applicable to GMP Level of Service standards is the same or less intense than the C -3 or C- 4 zoning districts. Based on the above, the proposed rezone of the subject property, the northernmost 300 ft of the parent parcel equal to 1.75 acres, from C -3 to C -5, is supported by the GMP and is compatible to its context. See the attached Evaluation Criteria document for additional information. As always, upon your receipt and review, should you require any additional information or copies or should you have any questions or comments relative to our application and submittal package, please do not hesitate to contact our office. Thank you, in advance, for your assistance with the processing of this application and for aiding us to meet our client's goals. Sincerely, PLANNING DEVELOPMENT INCORPORATED ;?�* 4e Michael R. Fernandez, AICP, RA President 3560 Kraft'Road, Suite 301, Naples, Florida 34105 mfernende2 (c)p!anninadeveloomentinc com • Phone 239.263.6934 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LCOOD0378 Packet Page -287- 6/12/2012 Item 9.B. PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects SSP REZONE Document date: November 16, 2011 STANDARD REZONE - APPLICATION SUBMITTAL EXHIBIT EVALUATION CRITERIA Pursuant to Section 10.03.05.11. 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 10.03.05.H.) 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. Response; The existing C -3 zoning of the applicant's property is consistent with the GMP by virtue of FLUE Policy 5.1. Policy 5.1.a provides for such commercially zoned properties to be eligible for zoning changes to a new zoning district which has the same or lower intensity commercial zoning district as the existing zoning district, and provided that the overall intensity of the commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. The C -3 zoning district supports land uses which generate greater trips and therefore the C -3 zoning district is more intensive than the C -5 zoning district; and, the C -3 zoning district is less restrictive relative to its development standards which permit over 60% more building / parking area which would support proportionately 60% more development intensity (50 ft /5 stories versus 35 ft / 3 stories) and associated impacts. Additionally, the requested rezone is consistent with GMP Policy 5.4 by virtue of its context, with the property located abutting commercial on both sides; C -5 to its east and comparable PUD Commercial intensity to its west; for a depth no greater than these abutting properties consistent with the GNP Office and Zn -fill Commercial Subdistrict guideline for such properties. 2. The existing land use pattern. Response: The proposed revision reinforces the commercial pattern zoning fronting US 41 East and its specific context / location between C -5 and comparable PUD Commercial zoning. 3560 K aft Road, Suite 301, Naples, Florida 34105 mfemandezCaolanninadeveloomentinc .com Development Consulting and Planning Architecture Engineering State of FL Corporate Certification of Authorization No's: AA26002158 CA No. 8450 Packet Page -288- Page 1 of 3 • Phone 239.263.6934 Landscape Architecture License No. LC0000378 6/12/2.012_ Item 9.13. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts Response: The adjacent properties fronting US 41 E have the same or comparable zoning to the proposed and therefore an isolated district will not be created. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Response: Existing district boundaries are not illogically drawn in relation to existing conditions on the property relative to the proposed change and reinforce the existing frontage pattern. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Response: The change is proposed to address market demand as measured by development and end user inquiries. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response: The rezoning of the property from C3 to C5 commercial does not adversely affect living conditions in the neighborhood and each district is subject to development standards that are tailored and created for the individual district. 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, Response: The C3 zoning district includes lands uses which are generally the same or more intensive than the CS zoning district; especially with consideration of less restrictive development standards for building height, which permit greater intensity of development, 8. Whether the proposed change will create a drainage problem Response: The existing and proposed zoning districts are governed by the same drainage development standards and therefore the proposed change does not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The change from C3 to C5 will not reduce light and air . to adjacent areas. The C5 zoning district is subject to comparable or more restrictive development standards. 10. Whether the proposed change will seriously affect property values in the adjacent area. Response: - The proposed change is expected to increase the likelihood of property redevelopment which will likely result in an increase in property values in the adjacent area. 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfernandezl )pianninodeveloomentinc com Development Consulting and Planning Architecture Engineering State of FL Corporate Certification of Authorization No's: AA26002158 CA No. 8450 Packet Page -289- Page 2 of 3 • Phone 239.263.6934 Landscape Architecture License No. LC0000378 6/12/2012 Item 9.13. Z.T. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: Abutting US 41 fronting properties have comparable and similar zoning as the zoning requested and therefore the proposed change will not be a deterrent to the improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: There are other abutting properties with similar or the same zoning classification and therefore the proposed change does not constitute a grant of special privilege to an individual owner contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response: Inquiries from potential end users suggest that there is demand for C5 while the same inquiries suggest that there is little demand for the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response: The change is in scale with the local distribution of commercial zoning along with US 41 E corridor. 15. Whether it- is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response: No specific use is proposed. There is significantly less available CS zoned property than the existing C3 zoning. 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. Response: The physical characteristics of the property and the degree of site alteration required to make the property usable for a range of potential uses is similar, comparable and no greater than existing under the current zoning. 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. III, as amended., Response: Subject property is currently zoned commercial (C3). The rezoning of the subject property to commercial (CS) is to an arguably less intense zoning district relative to LOS standards. Therefore, the impact of the rezone lessens the demand on public services. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health safe p p p safety, and welfare. Response: None known at time of submittal. Page 3 of 3 3560 Kraft Road, Suite 301, Naples, Florida 34105 rnfernandez O)olanninodeveloomentinc com . Phone 239.263.6934 Development Consulting and Planning Architecture Engineering Landscape Architecture State of FL Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 Packet Page -290- W Co U L Q E N O O Q N O N (L N O .Q p U O O O U) O Q O O) Ln E Co Q O Q cz 0 CL U O E O O Co U 'x U a� c a � O CZ CD LLJ Q R NL[90 Co W Q Packet Page -291- 6/12/2012 Item 9.13. 5 c.f of r � •� � NCC90 p Y- o N n dEgob " O CD >: v U ID c0 Cu J1y ? i}1{{l0 p CX (D Q < LLI 3: IC ¢ _w GP N Se J O U ! [i U 3 4 - C 0 _ - u � C � o 'x U a� c a � O CZ CD LLJ Q R NL[90 Co W Q Packet Page -291- 6/12/2012 Item 9.13. 5 c.f of d 33aB o n dEgob " - >: v IC ¢ _w z N m G J O N U 3 Z UO 0 _ - u � C � o Y � I F e F m < v � oW s e N O U bA v O W U L V I O Qi C O U A V) 6/12/2012 Item 9.13. Packet Page -292- d 0 n d w a m .Q E 0 v ID m N d CL x m M N C IO 3 0 C C O M C O C �a m c 0 c m m U C U O O � E & tm Q� N C 'O O O ai Q O O � C Er U .O. N V a� n a T r OJ O a` r 0 0 U m 0 U m m r d y w 0 a d CL P E T C 7 O U d 0 U c O N LN O N 4-r O 4 L I— E ro E ro W N Q1 O Q/ //N�,� L fQ fu ,� V J a— L} �i I�1 6/12/2012 Item 9.B. Packet Page -293- d Q a `m 2D 2D E o ` co c N N d a x m m •c m 3 c c m E 0 m m 0 a c a; m U O A .. IO O � E a m� c O) N C � o ay o m c E � EL O U � N � m � �c m a� a a 0 a c 0 U d 0 U L 3 `m .a a° 0 a` 0 U m 0 U v °o N C W N ~ n Q �U 00 O O UJ r Q O �- N (n J U) d .. c ti Za-N U U T d d S1.! a�oo IU) W Z Q J Q U cW G o U U a a� W Q O X c U) Of U) r -d L- N W ' j 0 Q � r 0 -, UU) r r U a) N U O Q JL N LL0-D' O N 6/12/2012 Item 9.13. Co er Count, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5358 www.colliergov.net PRE - APPLICATION MEETING NOTES REZONE - STANDARD Date: 4101$ If Time: (: 30 Firm anni Project Name: SS F R F_ZO Applicant Name: Owner Name: Owner address: — Assigned Planner: Meeting Attendees: (attach Sign -in Meeting Notes Phone: one: ^~ Comments should be forwarded to the Planner prior to the due date PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: m SCHOOL DISTRICT (residential components) Amy Taylor A114 PARKS & REC – VICKY AHMAD IMMOKALEE WATER/SEWER DISTRICT SUPERVISOR OF ELECTIONS �( AJ14 J DR/EMI – EMER. MGMT – Dan Summers X UTILITIES ENGINEERING: PAULO MARTINS �, N.4 CITY OF NAPLES, Robin Singer, Planning Director /A CONSERVANCY, Nichole Ryan BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT Executive Director FIRE REVIEW: RICCO LONG0 ENGINEERING: JACK MCKENNA EMS – ARTIE BAY \, l� TRARS. PATHWAYS: ALISON BRADFORD COMP PLANNING: (SEE SIGN -IN SHEET FROM PRE -APP MEETING) X ENVIRONMENTAL: SEE SIGN -IN SHEET FROM PRE -APP MEETING) Project #: RZ- PL201100D1572 Rev: 1 JUNE 2011 Project Name: SSP ASSOCIATES Date: 11/28/11 DUE: 12/27/11 Packet Page -294- 6/12/2012 Item 9.13. 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 NOT EAdd.1tional COPIES REQUIRED REQUIRED set if located in the Bayshore /Gateway Triangle velo ment Area or within % of Cit r of Naples 1 Completed Application (download from website for current 20 form) V- lication meetin notes 20 ct Narrative EDeedsll-e 20 v, al's 3 entif in Owner &all artier of co oration 2 Owner/Agent Affidavit signed & notarized 2 Completed Addressing Checklist 2 Environmental Impact Statement EIS * or exemption justification 2 Di ital /electronic copy of EIS Planner, Environmental 2 Historical Survey or waiver re nest 4 Utility Provisions Statement-w4k -e lee 4 f Survey, signed & sealed 4 Traffic Impact Statement MS) or waiver with applicable fees 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1"= 200'), showing FLUCCS Codes, Legend, and project 5 .boundary Electronic copy of all documents and plans CDRom or Diskette Site Plans 20 School Impact Analysis Application 2 �- If located in RFMU (Rural Fringe Mixed Use) Receivinq 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 Z03.08..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 -295- --,6- 6/12/2012 Item 9.13. Cover County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION( NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6356 www.colliergov.net Fees: Application Fee: $6,000 + $25 per acre (or fraction thereof) $100.00 Fire Code Review g�,, X $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). ❑ h�A $2500.00 Environmental Impact Statement review fee ❑ 4A $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, (Re o E ): ❑ $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology tin Fee Total ApplicantlAgenf Signature JUNE 2011 Packet Page -296- Date PUBLIC PARTICIPATION REQUIREMENTS 6/12/2012 Item 9.B. 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.B. 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 -297- 6/12/2012 Item 9.13. NOTES /iii7 /11 1 lT�- lJIrTJ idi U'h 17OJ�117 n 1-3 ,n,-/ A o a rl /n � i1 A— // f F//fi �)i1/ Alo r�u ©ate f ���F b�av:s /' -t-p Sir Lrn's oi,e rcz ! 7 r ! ' h C.�hfitf�nr L— 4,e G(DSL°Sf r`�wlrl�i6n if DFFit� J . nF%(I G��`l SWb.P�fV f'�Z l,", Lo Moo cz;.��J 64j i� . re yse ih-/%s,s, icy � /f< s«.lt �t�P ��dr��f if l��r„ a /fr�.•e,Q � c; -t�.f� e C��'� fv,Ls(`;str�tr- _� �.� s�fz� .�_r� �,c�, r�c-�«�r �'�� Cl^ lG•3 �S via r�B 7�7 r/o� /i VF, t- viler -(-or C'l Z�Ki r -,` _—�- -- - P f1,e l;' e LZ P�ts rf f✓ lit�FwiJv w� �, ��L ybt{/ /�ri�f Crlt2,i�h.. ._ lCwS Bee4r4it 5." 4 Dwf ySE o eH- m f'fIi -1 A-�v ��'ry � ✓hihy w�,ri4 is L 'F �' 'i,_j/�1.s� • \� I � �✓r�,.,i(� - 1 � j +-I� i-� � ENE j� .�c�- �Y t �!-L lA� U s� C t. �E �1+LY&l U`'�4s��!� -4 s ' LAD cv� Packet Page -298- V �I r� rN M W a z ,n U Lij n 0 o: n. LU UA E LL 0 W F- Q d N .0 O N wL, W a m N CD O O d _ to JN ..a V a W M O• Cwt CV LM C4 O� M N 8 X n Qv _ O s a L LU z n. w r V N to Q _.:' 6/12/2012 Item 9.13. Packet Page -299- O CD c a m U 0 0 C6 Lo 0 a� v t c c m N N a a ca m 7114i @ I v Ln LU •� to L a �I 4 LU cc v �� r3 Uo LU M' �1J rJ \j U, N a � � LL O CL b -p- 01 LU 0 � v 0 -L d r n z J Q I 0 % i _ oS i f� C Z. W V v;t li c s n_ Packet Page -299- O CD c a m U 0 0 C6 Lo 0 a� v t c c m N N a a ca m 6/12/2012 Item 9.13. (ZALr cmnty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252.2400 FAX (239) 252 -5724 WWW.COLUERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressin4 personnel prior to re avolicafion meetlno. please allow 3 days for processing,. . Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months vAll require additional review and approval by the Addressing Department. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock E)tension) ❑ CarnivaltCircus Permit ❑ CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ FP (19nal Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PpL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone © RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ SDPI (insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI pnsubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change— Unplatted) ❑ TOR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) Q OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SEC 32, T50, R26 / 4.14 +/- ACRES PQrt�4 '3. FOLIO (Property 10) NUMSER(s) of above (attach to, or associate with, legal des¢nptlon if more than one) 00439960009 STREET ADDRESS or ADDR58SES (as applicable, if already assigned) 11412 E. TAMIAMI TRAIL NAPLES FLORIDA LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- Of-Way . • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (lfapplicable) SSP REZONE . PROPOSED STREET NAMES (r7 applicable) SITE DEVELOPMENT-PLAN NUMBER (fnrex&fng pmyects/sltes only) SDP or AR Packet Page -300- 6/12/2012 Item 9.13. C,6 exr Core COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONI NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 262 -5724 WWW- COLLIERGOV.NET Prclect or development names proposed for, or already appearing in, condominlum documents (f application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME MICHAEL R. FERNANDEZI PLANNING DEVELOPMENT INC. PHONE 239- 263 -6934, FAX 877 - 263 -0535 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) O0 3, R 9 p q Folio Number - Folio Number Folio Number Approved by: ltt( .r.� rum / i L�,�j(Qry Date: i Updated by: Date: IF OLDER THAN 6 MC)NTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED P � Packet Page -301- 6/12/2012 Item 9.13. I1 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects Engineers Planners and Landscape Architects December 20, 2011 via hand delivery Ms. Kay Deselem, Principal Planner Collier County Growth Management Division / Planning and Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 Re: SSP Rezone (RZ -PL- 2011 -1572) Re: 11412 E. Tamiami Trail, Naples, Florida NIM - Affidavit of Compliance Dear Ms. Deselem: Q,CEode� DEC 2 02011 Please find enclosed the Affidavit of Compliance that has been signed and notarized relative to the Neighborhood Information Meeting for the SSP Rezone. Also enclosed are copies of the property owner letter, mailing label list, and Naples Daily News advertisement layout that has been ordered. As always, upon your receipt and review, should you require any additional information or copies, please do not hesitate to contact our office. Thank you, again, for your assistance with the processing of this application and for aiding us to meet our client's goals. Sincerely, PLA NING DEVELOPMENT INCORPORATED Terri Fernandez Vice President — Administrator Enclosures 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfemandez (aolanningdeveloomentinc.com Development Consulting and Planning Architecture Engineering State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 Packet Page -302- • Phone 239.263.6934 • Fax 877.263.0535 Landscape Architecture License No. LC0000378 6/12/2012 Item 9.13. AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, of the Collier Count), Land Development Code, I did place an order for the attached newspaper advertisement to appear at least 7 days prior to, but not later than 5 days before, 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 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 of Applicant's Agent) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this day of December , 2011b Michael R. Fernandez, AICP, RA, as President of Planning Development Incorporated , who is personally known to me or who has produced as identification. G:1NIM Procedures /davit Of Compliance - DIIM Oct2010.PDI.Modified.6.9.1 I.Doc Packet Page -303- ��L. PECKiiAAri Comm# UD0767631 Expires 5/52012 �' i.una `� Fbrida NOtawAwn., he ti............ nn..........••..•••..unuu.B 6/12/2012 Item 9.13. PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects December 16, 2011 RE: NEIGHBORHOOD INFORMATION MEETING for: SSP Standard Rezone (RZ) Application Collier County Petition No.: RZ- PL2011 -1572 Dear Property Owner: Please be advised that the sender has made application to Collier County seeking approval of a Rezone for the following described property: The 1.75± acre subject property is a portion of a parcel located at 11412 E. Tamiami Trail. The current zoning of the property is C -3. The northernmost 300 ft of depth of the parcel, as measured from its frontage on US 41 E, is proposed to be rezoned from C -3 to C -5. In compliance with the Land Development Code requirements, and in order to provide you an opportunity to become more fully aware of the proposed change, we are holding a Neighborhood Information Meeting on Thursday, 3anuary 5, 2012 at. 5:30 p.m. This meeting will be held in a meeting room at the East Naples Public Library, 8787 E. Tamiami Trail, Naples, Florida, 34113. Should you have questions prior to the meeting, please do not hesitate to contact me directly at (239) 263 -6934. Thank you. Sincerely, PLANNING DEVELOPMENT INCORPORATED ' Michael R. Fernandez, AICP, RA President / Architect — Pape 1 of 1 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfemandez (bplanningdeveloomentinc com • Phone 239.263.6934 • Fax 239.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 Packet Page -304- Easy Peel`wLabels f A Bend along line,to 6/12/2012 Item 9.13. Use Avery© Template 5w)(& feed Paper expose Pop -Up EdgeTM �, ^r r-■ • – ADAMS, KATHRYN AFFORDABLE WHISTLERS COVE LTD ANGENOR, MARIE =& CAROLD 5279 TREETOPS DR 1275 LAKE HEATHROW LN STE 115 160 2ND ST NAPLES, FL 3411.3 -8513 HEATHROW, FL 32746- --4398 NAPLES, FL 34113 -8534 ANTONELLI, NOEL J ANTONELLI, NOEL J =& DONNA AUGUSTA REAL ESTATE INC 156 BUNKER RD 156 BUNKER RD Cf0 AMY MCGROTTY P A ROTONDA WEST, FL 33947 -2126 ROTONDA WEST, FL 33947 -2126 15 SE 9TH AVE FT LAUDERDALE, FL 33301- -2047 BANK OF AMERICA BARTEK, DAVID J BEATTIE, S KEVIN BAC HOME LOANS SERVICING 5338 TREETOPS DR # E 3 5399 TREETOPS DR 7105 CORPORATE DR. NAPLES, FL 34113 -8514 NAPLES, FL 34113 -8520 PLANO, TX 75024- -0000 BELLEMORE, BRUCE BELTiRAN, MINERVA BENDA, MARYANN 5363 TREETOPS DR 5254 TREETOPS DR # J -101 JOSEPH HANSEN NAPLES, FL 34113 -8516 NAPLES, FL 34113 -- 8502 4478 NOVATO CT NAPLES, FL 341.09 -3339 BERGER PR. GREGORY KEITH BERNAS, KENNETH J BEVAN. PIXIE RAE ROBERT YARDLEY PR 833 N GAMMON RD APT D 5238 TREETOPS DR ■/a DEBRA STEWARTESQ MADISON, WI 53717-1161 NAPLES, FL 34113 - -8501 400 5TH AVE S STE 200 NAPLES., FL 34102 --6550 BIRCH, PAUL V =& KARIN E BOBCHEV, VLADIMIR BOBCHEV, VLADIMIR R 6175 W 525 N 5297 TREETOPS DR 5297 TREETOPS DR COLUMBIA CITY, IN 46725 -9152 NAPLES, FL 34113 -8513 NAPLES, FL 34113---8513 BOBCHEV, VLADIMIR =& KATLEN BOLAND FAMILY PROPERTIES LLC BOLAND FAMILY PROPERTIES LLC 5297 TREETOPS DR %■MARIA BOLAND 11369 TAMIAMI TRL E NAPLES, FL 34113 - -8513 570 CENTURY DR NAPLES, FL 34113- --77D3 MARCO ISLAND, FL 34145 -2406 BOURKE, THOMAS V BOYAJIAN, RAJWANTIE C BROOKS, SANDRA K 340 MAIN ST APT 503 HEAL MOHAMMED 1893 W US HIGHWAY 36 MELROSE, MA 02176 --4663 9912 FOUNDERS WAY PENDLETON, IN 46064 -9385 DAMASCUS, MD 20872 -2902 BROWN III, KENNETH W BUENO, ROBERTO M BURTON, HOWARD J =& HAJRA JAMIE RIENDEAU TANIA SANTOS 1906 -989 NELSON ST 5308 TREETOPS DR # H2D4 5307 TREETOPS OR # U103 VANCOUVER, SC NAPLES, FL 34113 -8504 NAPLES, FL 341138516 CANADA, V6Z 2 -0000 BUSTAMANTE, MARIA V BUTERA, STERNA MD, BETTY 2340 NAPLES TRACE CiR #,` 801 5327 TREETOPS DR # "T -205 5389 TREETOPS DR NAPLES, FL 34109 -7528 NAPLES, FL 34113 -8506 NAPLES, FL 34113 --8520 ttiquettes faciles it Peter ; se A de Repliez a la hachure afin de i Www.avery com Utllisez le gabarlt AVfR1`Q 5160' j chargement niUeier le rebord Pop -UpTM i 1- 800 -60 -AVERY Packet Page -305- tasyveer- Laoels A .mponz Bend along line to I 6/12/2012 Item 9.13. Use Avery® Template 51600 Feed Paper expose Pop -Up EdqeTM - -- --• - - - BYRNE, ROGER T =& DARLENE M CAIN, GLORIA J CAMPOS, FELIX A 3577 POINSETTIA AVE 5269 TREETOPS DR R 104 5252 TREETOPS DR 40 NAPLES, FL 34104 --4038 NAPLES, FL 34113-8512 NAPLES, FL 34113 --8501 CASTILLO, ANA CASTRO, FIDEL CATANESE, JOSEPH =& PEARL 177 1 ST ST 400 ROBIN HOOD CIR APT 202 4825 W 91 ST ST NAPLES, FL 34113 --8533 NAPLES, FL 34104 -9527 OAK LAWN, IL 60453-1713 CHERENFANT, JESPERE =& AMONISE CHERRELUS, JOHN K CHOTOO, DULARIE 4701 DOMINION DR 5380 FLORIDAN AVE 5319 TREETOPS DR NAPLES, FL 34112 -6513 NAPLES, FL . 34113- -•7B45 NAPLES, FL 34113 -6506 CI-IOTOO, NALEENI CINTORA, VERONICA COOTER 111, JOHN E =& HILDA E 9912 FOUNDERS WAY 148 2ND ST 5385 TREETOPS DR # R -2 DAMASCUS, MD 20872- -2902 NAPLES, FL 34113 -8534 NAPLES, FL 34113 -8519 CORNELIUS, LORI CORSARO, PETER COTHRAN, JANICE. RITA 301 -102 W RIVER PKWY JAMES SELLER 5241 TREETOPS OR MINNEAPOLIS, MN 55401 -3375 841 JENNIFER DR NAPLES, FL 341 13 -8510 GREENWOOD, IN 46143 -8457 COVERT, CHRISTOPHER P CRE PROPERTIES INC DAVIS, SALLEYA ROSE L WICKENS % RICE PUGATCH ROBINSON DONNA L ISAACS TR 4154 STATE ROUTE 96A & SHCILLER PA DONNA LEE ISAACS TRUST GENEVA, NY 14456 -9226 101 NE 3RD AVE STE 1800 UTD 2/319930321 W JEFFERSON AVE FORT LAUDERDALE, FL 33301- -1252 GIBRALTAR, Ml 48173 -9752 DE LEON, JAIME J DEEBOER, RICHARD R DELVASTO, JAMES 147 1ST ST BEVERLY JEAN SHAW GRDN 58512TH AVE NE NAPLES, FL 34113 -8533 5242 TREETOPS DR # L -203 NAPLES, FL 34120 -2304 NAPLES, FL 34113 -8501 DERBY, JOEL R DEUTSCHE BK NATL TRUST CO TR DIMITROV, ALEXANDER DEIRDRE A BUTLER -DERBY 7105 CORPORATE DRIVE 5110 ALDERTON ST APT N3 4822 OVERLOOK LAKE CIR PLANO, TX 75024 -0000 REGO PARK, NY 11374-2796 BLOOMINGTON, MN 55437 --3433 DIMITROV, ALEXANDER DIMITROV, ALEXANDER EQUITY TRUST CO 6110 ALOERTQN 5T APT N3 6110 ALDERTON ST STERLING TRUST REGO PARK, NY 11374 -2796 REGO PARK, NY 11374 -2743 % BRIAN TURPIN 6010 ROMAINE RD POSEYVILLE, IN 47633 --8814 ETM TAM [AM] LLC FALLON, TIMOTHY P FARR, JANICE G 2570 TACKLES DR 5312 TREETOPS DR _ 4665 DEL RIO LN WHITE LAKE, MI 4 838 6 --1 5 59 NAPLES, FL 341.13 -8504 BONITA SPRINGS, FL 34134 -7238 ablll hiquettes faciles a peler Seas de Repliez a la hachure afin de I vvww avery com Utilisez !e gabarit AVERYp 516t30 1 chargement reveler !e rebord Pop i 1-800-60-AVERY i Packet Page -306- Easy Peels' Labels Use AveryO Template 51600 FELSKE, DOUG D 4498 22ND AVE SE NAPLES, FL 34117 - -9277 FURSE, KATHERINE A PO BOX 9201 NAPLES, FL 34101 -9201 GLOBAL CURRENCY TRADING LLC 29 E BROADWAY HACKENSACK,NJ 07601 -6621 HARRIS, HILLARD =& MARY 17355ANNCHESTER RD DETROIT, MI 48219 -3525 HENRY, DONNA 5359 TREETOPS DR NAPLES, FL 34113-8517 HUGHES, RICKY J 5245 TREETOPS DR NAPLES, FL 34113- --8510 IVANOV, ILLIADIN ISKRA IVANOVA RANGUELOVA 5325 TREETOPS DR APT T204 NAPLES, FL 3.4113--8506 JEAN FRANCOIS, SERGO 181 2ND ST NAPLES, FL 34113 --8550 JIMENEZ, SUSANA MORA 5298 TREETOPS DR NAPLES, FL 34113 --8504 KEENE, JAMES R =& NANCY C 31600 GATES MILLS. BLVD CLEVELAND, OH 44124- -4366 Etiquettes faciles a peler Utiiisez le gabarlt AVERY© 516DID A Bend along fine to i Feed Paper expose Pop-Up EdgelR FREEMAN, CHRIS 521.3 TREETOPS DR NAPLES, FL 34113 -85D8 GANTCHEVA,TZVETANKA HANSJOHNSON 5275 TREETOP DR NAPLES, FL 341'13 -8512 GLYNN, DONNA P 335 CARNABY CT NAPLES, FL 34112 -0201 HARRIS, PHILLIP GIRARD MAXINE PARRIS 5350 TREETOPS DR # D-2 NAPLES, FL 34113 -8515 HERNANDEZ,MARCO 3670 6TH AVE SE NAPLES, FL 34117---4511 HUGHES, SHAN14ON 5268 TREETOPS DR NAPLES, FL 34113 -8511 JAKOV, STOIAN 41 W 71ST ST APT 1 D NEW YORK, NY 10023 -4128 JERDE, ARTHUR E 5270 TREETOPS DR NAPELS, FL 34113 -0000 KARADIMITROV, JIVKO 76 REMINGTON IRVINE, CA 92620 -3788 KEWLEY, MONTE C =& DEBRA J 130 PEACH CT MARCO ISLAND, FL 34145 --4727 ' Sens A de Repliez a la hachure afin de 1 I chargement r46veler le rebord Pop -Up7m j Packet Page -307- 6/12/2012 Item 9.13. FRESHOUR, PAUL W LUCILLE KAPAYIANNIDIS 5258 TREETOPS DR NAPLES, FL 34113 -8502 GARVIN, BETH D 5290 TREETOPS DR UNIT 1 -201 NAPLES, FL 34113 -8503 HABITAT FOR HUMANITY OF COLLIER COUNTY INC 11143 TAMIAMI TRL E NAPLES, FL 34113-7753 HAWN. DAVID L =& KATHRYN A 1100 LITTLE NECK CT APT F58 NAPLES, FL 34102-0574 HOPKINS, ROBERT 5227 TREETOPS DR # N -1 NAPLES, FL 34113- -8509 IOTKOV, ILLIADIN ISKRA RANGUELOVA 6301 71 ST ST MIDDLE VILLAGE, NY 11379 -1803 JANECZEK, HELEN 1010 JARDIN DR NAPLES, FL 34104 -6S6O JEWETT, FRANK =& CHARLOTTE 133 BOGHT RD # B WATERVLIET, NY 12189-1513 KAUTSKY, ANDREW M =& MYRA 3890 27TH AVE SW NAPLES, FL 34117 -7148 KEWLEY, MONTE =& DEBRA 130 PEACH CT MARCO ISLAND, FL 34145 -4727 www.avery.com 1- 800 -GO -AVERY i Easy Peelw Labels , A 6/12/2012 Item 9.B. Use Ave ® Template 5160 ' Feed Paper � Bend along Edge 1 yam =os v � :1bvw i ry p 3 expose Pop-up Edge � � I KOCHENDORFER, JONATHAN KOERBER, CHARLES E KOETH, BERNADETTE WILLIAM KOCHENDORFER 5318 TREETOPS DR 6163 NORWOOD. DR 5203 TREETOPS DRIVE OP -4 NAPLES, fL 34113- -8514 MENTOR, OH 44060 -2148 NAPLES, FL 34 1 1 3 --0000 KOLESAR, SHARON KOLTCHAGOV, KOSTADIN KROM. Ji tNI W M 1803 SCENERY DR. PAVLINA A KOLTCHAGOVA 5315.TRE-ETOPS.DR ELIZABETH, PA 15037 -2319 643 CHARLEVOIX AkErl k 3411-3 -8516 MONTREAL, QC F CANADA, H3K2X -0000 LADOSINSKY, GINA LAGUERRE, DURONEL =& JULIANA LAPUT, JOY H 5271 TREETOPS DR W -201 166 2ND ST 16 PARK ST NAPLES, FL 34113 --8512 NAPLES, FL 34113 -8534 JOHNSTON, RI 02919 -6307 LEARY, EUGENE C =& ELLEN C I EFEVRE, ERWAN P J LEGGETT, DIANNE 2 VILLAGE SO STE 212 SOPHIE A MARTIN 2692 FOUNTAIN VIEW CIR BALTIMORE, MD 21210 -1624 165 CHEMIN DES BRUYERES NAPLES, FL 34109-2714 CALLIAN FRANCE, 83440 -0000 LEMAY, CAROLE T LEMAY, CAROLE T LEONARD, JAMES C 5295 TREETOPS DR 5295 TREETOPS DR 4 V203 1190 N COLLIER BLVD NAPLES, FL 34113 -8513 NAPLES, FL 34113-8513 MARCO ISLAND, FL 34145 --2548 LEONARD, JAMES C LINN, TARA LLERENA, RAMIRO =& MARTHA R 1190 N COLLIER BLVD 5263 TREETOPS OR 115 PRICE ST MARCO ISLAND, FL 34145 -2548 NAPLES, FL 34113 -8512 NAPLES, FL 34113 -8436 LOUDERMILK, JOHN LUDEMAN, IVAN D MAC DONALD, KELLY D GAIL LOUDERMILK KIRK LUDEMAN, JEAN A 175.2ND ST 5361 TREETOPS DR UNIT -S -204 6600 LYNDALE AVE S APT 303 NAPLES, FL 34113 -8550 NAPLES, FL 34113---8518 RICHFIELD, MN 55423- -3383 MACDONALD, ROBERT F =& MARGARET MADOLEV, LUBOMIR MALONE TR, WILLIAM KATHLEEN MACDONALD 4134 CRESCENT ST APT 111 WILLIAM M MALONE REV TRUST KELLY MACDONALD LONG ISLAND CITY, NY 11101 -3851 UTD 618105 157 2ND ST 12212 S 69TH CT NAPLES, FL 34113 -8550 PALOS HEIGHTS, IL 60463 -1639 MALONE, MICHAEL W MAROTTA, ANTHONY MARRA TP,, ANTONIO WILLIAM M MALONE TR 56 BETTE RD LENA MARRA TR 12212 S 69TH CT EAST MEADOW, NY 11554 -1303 ANTHONY MARRA TR PALOS HEIGHTS, 1L 60463 -1639 ANTONIO MARRA LIV TRUST940 DOWNING RD MARSHALL, RICHARD W MARTIN, RUSSELL D MARTINEZ, MARIA ANTONIA BLANCA L MARSHALL 5229 TREETOPS DR % DOUGLAS A WOOD 7271 N FARMINGTON RD NAPLES, FL 34113- -8509 1100 5TH AVE S STE 101 WESTLAND, MI 48185 -2300 NAPLES, FL 34102-6407 Cc iquetLas iaeles a peter O Se de Repliez A la hachure afin de ; www.avery c4m i UtiliSez 1e gabarlt AVERY 5160 j chareement revkter le n bord Pop-up ; 1- 800 -GO -AVERY ! Packet Page -308- Easy Peel® Labels 11591w 6/12/2012 Item 9.B. 9 0 Use Avery Tempfaie 5960 A 8endabnglineto i Feed Paper ® expose Pop -up EdgeTM J'kv =11v iv 5750' i' 1 MARTINEZ, RO.BERTO PEREZ MCCABE, TERRILL MENDOZA, JOSE LOPEZ 5390 FLORIDAN AVE 153 1 ST ST 5201 MITCHELL ST NAPLES, FL 34113- -7896 NAPLES, FL 34113 - -8533 NAPLES, FL 34113 -7867 MESSNER, GEORGE S MOHAMMED, NEAL NESEN TRUSTEE, FRANCES J 5336 TREETOPS DR # 1 5236 TREETOPS DR..-4 L -104 ITF FRANCES J NESEN TR NAPLES, FL 34113- --8514 NAPLES, FL 34113 -8501 600 CHEESMAN SAINT LOUIS, MI 48880 -9497 NICACIO, RICARDO =& TABITHA M OCWEN LOAN SERVICING LLC OTTO, KATHLEEN A 165 1 ST ST 12650 INGENUITY DR 2205 THOMASSON DR NAPLES, FL 34113 -8533 ORLANDO, FL 32826 -0400 NAPLES, FL 34112--6417 PA1NE, THOMAS J PALACIOS, DIONICIA PALUSZAK, HEINZ- JURGEN 5234 TREETOPS DR PRIMITIVO PALACIOS GABRIELE PALUSZAK NAPLES, FL 34113 -8501 ARACELI PALACIOS REUTERSTRASSE 13 199 2ND ST HOLZWICKEDE NAPLES, FL 34113 -8550 GERMANY, 59439 -0000 PAPENFUSS TR, HANS B PARROTT, SUZANNE PARROTT, SUZANNE HANS B PAPENFUSS FAMILY TRUST 335 BENSON ST 335 BENSON ST UTD 9113/06 NAPLES, FL 34113 - -0000 NAPLES, FL 34113 -0000 366 MEADOWLARK CT MARGO ISLAND, FL 34145 --3851 PARROTT, SUZANNE PARRY, WILLIAM N =& KAREN M PARSILS, THOMAS =& JUDITH 335 BENSON ST PO BOX 8023 681 THE HIDEOUT NAPLES, FL 34113 -0000 NAPLES, FL 34101 -6023 LAKE ARIEL, PA 18436 -9797 PATRICK, JOY PAUL, ISEMANIQUE H PEIFFER, LYNN V PO BOX 11616 5293 TREETOPS DR #V-202 DAVID ALAN PEIFFER 11 NAPLES, FL 34101 -1616 NAPLES, FL 34113 --8513 5220 TREETOPS DR NAPLES, FL 34113 - --8559 PETERS, JOHN J PETITTO, DIANA PICON, LUCIA 64 CULMORE ROAD 11753 SW 113TH PL 1440 WILDVVOOD LAKES BLVD #D204 PALMERSTOV.VN MIAMI, FL 33176-3822 NAPLES, FL 34104 -9461 DUBLIN 20 IRELAND, —0000 PIPER, JOHN A PIPER, JOHN A P]SCIOTTA, DOMINICK= &.ORIETTA 4044 22ND AVE NE 4044 22ND AVE NE 1220 78TH ST NAPLES, FL 34120 -8971 NAPLES, FL 34120 -8971 NORTH BERGEN, NJ 07047 -4125 POP, JOHN =& TAMMY PRAT`, JON PROGENY II CORPORATION 5235 MAPLE ST 1321 NAPLES LAKE DR 11420 TAMIAMI TRL E DEARBORN, MI 4B126 -3242 NAPLES, FL 34104_ -6612 NAPLES, FL 34113-7915 Lkiquettes faciles a peler !UtiliSeZ le gahatitAllERY&595(}0 Sens de t?eptiez to hachure aiin de , vvvuvv avert' com i charnement r6velerle rebord Pop -utY- ; 1= 800- GO -AVFRV ! Packet Page -309- Easy Peel® Labels 6/12/2012 Item 9.B. Use Avery® Template 51600 A Bend along tine to i y Feed Paper expose Pop -up Edger" �$Wl = 1e V 51600 11 �' A PROGENY II CORPORATION RANDALL, DAVID RANIERI, PAUL 11420 TAMIAMI TRL E 11363 TAMIAMI TRL E 588 ARMSTRONG AVE low NAPLES, FL 34113 -7915, NAPLES, FL 34113-7703 STATEN ISLAND, NY 10308 -1946 REFERENCE ONLY REFERENCE ONLY RES-FL KAYE SW LLC WOODGATE AT NAPLES TREETOPS OF NAPLES CONDOMINIUM 700 NW 107TH. AVE STE 200 A CONDOMINIUM —0000 MIAMI, FL 33172--0000 —0000 REZA, CIPRIANO, =& OLIVIA REZA, CIPRIANO =& OLIVA REZA, POLO 5206 TEXAS AVE 5206 TEXAS AVE 5398 FLORIDAN AVE NAPLES, FL 34113 -7855 NAPLES, FL 34113 -7855 NAPLES, FL 34113 -7896 REZA, POLO ROBLES, MARCELLA S S P ASSOCIATES INC 5398 FLORIDAN AVE 5391 TREETOPS DR R -3 1100 S WASHINGTON AVE # 3 NAPLES, FL 34113 - -7896 NAPLES, FL 34113--8520 SAGINAW, MI 48601- -2557 SADDLER, ARTHAL =& MICHELLE SALVIO JR, JOHN =& MARIA F SAMLOWSKI DECEDENT TRUST.B 5218. TREETOPS DR B -2 196B VU 9TH ST 7158 FALCONS GLEN BLVD NAPLES, FL 34113 -- -8559 BROOKLYN, NY 11223 -2548 NAPLES, FL 34113 --0000 SAMLOWSKI DECEDENT TRUST B SAMLOWSKI DECEDENTTRUST B SAMLOWSKI DECEDENTTRUST B 7168 FALCONS GLEN BLVD 7168 FALCONS GLEN BLVD 7168 FALCONS GLEN BLVD NAPLES, FL 34113 -0000 NAPLES, FL 34113-0000 NAPLES, FL 34113 -0000 SCHROWANG, MARY LOU SECRETARY OF HOUSING AND URBAN SEC'Y OF HOUSING & URBAN DEV 8145 SARATOGA DR APT 1804 DEVELOPMENT % MICHAELSON[CONNOR & SOUL NAPLES, FL 34113 --3025 C/O NATIONAL HOME MANAGMENT 4400 WILL ROGERS PKWY STE 300 SOLUTIONS LLC2600 S DOUGLAS RD OKLAHOMA CITY, OK 73108 -1870 CORAL GABLES, FL 33134 -6127 SHEPPARD, STEVEN SHUMAN, SAMUEL F SIMON, STEPHEN W 5346 TREETOPS DR CLARA L JOHNSON 1748 AUDREY DR NAPLES, FL 34113 =9515. 9125 SW 96TH AVE CLEARWATER, FL 33759 -1901 MIAMI, FL 33176 -1935 SIZEMORE, PATRICIA SOLIS, YADIRA SPEDLING, LID1A A 5291 23RD CT SW 5286 TREETOPS DRIVE #105 5274 TREETOPS DR NAPLES, FL 34116 -- -6827 NAPLES, FL 34113 -0000 NAPLES, FL 34113- -8503 SPRACHMAN., URSULA L SPRACHMAN, URSULA L SPRACHMAN, URSULA L JAMES LEONARD JAMES LEONARD JAMES LEONARD 1 190 N COLLIER BLVD 1190 N COLLIER BLVD 1190 N COLLIER BLVD MARCO ISLAND, FL 34145 --2548 MARCO ISLAND, FL 34145---2548 MARCO ISLAND, FL 34145 -2548 iigttettes faciPas a Pelee I& ; UtiDsez le gabarit AVERY® 51600 + L Repliez a Ea hachure afin de ; Sens de reveler to Pop up TM ' W WW .ave ry tom. rh.�raamant rebord 1- 800 -GO- AVERY ! Packet Page -310- Easy Peet® Labels A Use Avery® Template 51600 Band along line to Feed Paper expose Pop -up Edge m C/O LAW OFFICES OF 1104 N COLLIER BLVD SSP ASSOCIATES INC ST JAKOV, STOIAN 1100 S WASHINGTON AVE # 3 41 W 71ST ST APT 1 D SAGINAW, MI 486.01 --2557 NEW YORK, NY 1.0023 -4128 STUCKEY, CAROL J SUNNY PARADISE PROPERTIES LLC 145 2ND ST 306 -6501 E GREENWAY PKWY #103 NAPLES, FL 34113 - -8550 SCOTTSDALE, AZ .85254 -0000 SWANK, DENNIS C SWANSON, JOLYNN 5277 TREETOPS DR # 204 4 ROYAL COVE DR NAPLES, FL 34113 --8512 NAPLES, FL 34110- -6369 TEAGLE, RALPH TEMELKOVA, ANNABELA S 5239 TREETOPS DR # Y -201 SERGEY SMIRNOV NAPLES, FL 34113- -8510 1591ST ST NAPLES, FL 34113 -8533 TORRES, JUVENAL TORSAN, DINAMARIE LILIAN LOBOS- TORRES 12431 S NASHVILLE AVE 5281 TREETOPS DR PALOS HEIGHTS, IL 60463 -1772 NAPLES, FL 34113 -8513 TREETOPS OF NAPLES TREETOPS OF NAPLES SEC I INC SECTION I C/O JAM1E.B GREUSEL C/O LAW OFFICES OF 1104 N COLLIER BLVD JAMIE B GREUSEL ES01104 NORTH MARCO ISLAND, FL 34145-2547 COLLIER BLVD NAAQC'n lCl ANIn r7l ':ZA I Ar,- -_nnnn TREETOPS OF NAPLES SEC I INC TREETOPS OF NAPLES SEC I INC %LAVV OFFICE OF J B GREUSEL ESQ C/O RESORT MANAGEMENT 1104 N COLLIER BLVD 2685 HORSESHOE OR S STE 215 MARCO ISLAND,. FL 34145 - -2547 NAPLES, FL 34104 -6113 TREETOPS OF NAPLES SEC I INC C/O JAMIE B GREUSEL 1104 NORTH COLLIER BLVD MARCO ISLAND, FL 34145 -0000 TREETOPS OF NAPLES SEC I INC CIO RESORT MANAGEMENT 2685 HORSESHOE DRIVE #215 NAPLES, FL 34104 —OODO TSENG TAI, CHUAN CHUAN 5212 TREETOPS DR # B4 NAPLES, FL 34113 -8559 Afiquettes faetles A peter Utilisez le gabarit AVERYQ 51600 TREETOPS OF NAPLES SEC I INC C/O JAMIE B GREUSEL ESQ 1104 N COLLIER BLVD MARCO ISLAND, FL 34145 --2547 TREETOPS OF NAPLES SECTION I C/O JAMIE B GREUSEL ESQ 1104 N COLLIER BLVD MARCO ISLAND, FL 34145 -2547 UDD1N, MD NASIR NASIMA AKHTER 5230 TREETOPS OR L -101 NAPLES, FL 34113 -8501 Sens de Repliez A la hachure afin de it charoernent reveller le rebord Pop -upTM Packet Page -311- 6/12/2012 Item 9.13. 9A ~1=111ty u 5160`=' i ST ONCE, JANET ANN 5301 CONFEDERATE DR NAPLES, FL 34113 - -8780 SURACE, DONALD F =& ANNABEL M 8612 BRANDYWINE RD NORTHFIELD, OH 44067 -2818 TARNOWICZ, MARCIN M 5237 TREETOPS DR # 104 NAPLES, FL 34 1 1 3---85 1 0 TORRES,JUANITA, 187 2ND ST NAPLES, FL 34113--0000 TORSAN,. DINAMARIE 5232 TREETOPS DR LA 02 NAPLES, FL 34113-8501 TREETOPS OF NAPLES SEC 1 INC CIO JAMIE B GREUSEL ESQ 1104 NORTH COLLIER BLVD MARCO ISLAND, FL 34145 -0000 TREETOPS OF NAPLES SEC I INC C/O JAMIE B GREUSEL ESO 1104 NORTH COLLIER BLVD MARCO ISLAND, FL 34145 -0000 TREETOPS OF NAPLES SEC I INC C/0 JAMIE GREUSEL ESQ 1104 N COLLIER BLVD MARCO ISLAND, FL 34145 -2547 TREETOPS OF NAPLES SECTION i I C/O LAW OFFICE OF JAMIE GROUSEL 1104 N COLLIER BLVD MARCO ISLAND, FL 34145 -2547 VENEZIALE, CARMAN -& JOAN 660 3RD ST N NAPLES, FL 34102- -5505 www averycom 1- 800 -GO -AVERY Easy Pee19 Labels Use Avery® Template 51600 VENEZIALE, CARMAN =& JOAN 660 3RD ST N NAPLES, FL 34102 -5505 VENEZIALE, CARMAN=& JOAN 660 3RD ST N NAPLES, FL '34102 -5505 VIAU, AARON D =& MARIA A 5351 TREETOPS DR # 105 NAPLES, FL 34113-8517 WELLS FARGO BANK NA TR C/O JPMORGAN .CHASE BANK NATL 7301 BAYMEADOWS WAY MAIL STOP JAX82007 JACKSONVILLE, FL 32256 - -0000 WILLIAMS, VADA CLEMONTE 5282 TREETOPS DR 9103 NAPLES, FL 34113- --8503 WOLLENSCHLAGER, RONALD T RITA ANN WOLLENSCHLAGER 400 CONCORD DR MELROSE PARK, IL 6D160 -2525 YASKY LLC PTA - USI #451 PO BOX 320099 ALEXANDRIA, VA 22320 -4099 YEATES, ROBERT T=& JANET 15525 OMEGA TRL PRIOR LAKE, MN 55372 -2033 A awsom Send along Gne to i L Feed Paper expose Pop -up EdgeT14 VENEZIALE, CARMAN =& JOAN 660 3Rd ST N NAPLES, FL 34102--5505 VERRET, AUGUSTINE J =& JERRI M 136 2ND ST NAPLES, FL 34113- -8534 WALES, KATIA B 15.500 TUSTIN VILLAGE WAY # 117 TUSTIN, CA 92780 -4278 WILLIAMS, STEVEN 5296 TREETOPS DR NAPLES, FL 34113 --8504 WILSON TR, GLEN E GLEN EDWARD WILSON REV TRUST PO BOX 16041. COLUMBUS, OH 43216 -6041 WOODGATE AT NAPLES INC C/O SAMOUCE MURRELL & GAL P A 5405 PARK CENTRAL CT NAPLES, FL 34109 -5934 YASKY LLC PTA- USI9451 PO BOX 320099 ALEXANDRIA, VA 22320 -4099 ZAUM, MARCUS =& TERRY 4 PELICAN WOOD BRAMPTON,ON CANADA, LSS 5 --0000 6/12/2012 Item 9.13. is 1 ALIV11=11 V w 51601w i IL VENEZIALE, CARMAN =& JOAN 660 3RD ST N NAPLES, FL 34102 -5505 VIANA, LUCIMAR ARAUJO 235 SEAVIEW'CT # 8 MARCO ISLAND, FL 34145 -3107 WALING, EDWIN J=& PAULA K 991 N BARFIELD DR UNIT 107 MARCO ISLAND, FL 34145 -2330 WILLIAMS, SUSAN J 5233 TREETOPS DR, NAPLES, FL 34113-8510 WITHERS TR, ROGER D ROGER D WITHERS REV TRUST UTD 7117198 950 N COLLIER BLVD STE 405 MARCO ISLAND, FL 34145 -2722 WOODGATE AT NAPLES INC C/O SAMOUCE, MURRELL & GAL PA 5405 PARK CENTRAL CT NAPLES, FL 34109 -5934 YASKY LLC PTA- USI#451 PO BOX 320099 ALEXANDRIA, VA 22320 -4099 Marci Seamples East Naples Civic Association 3823E. Tamiarni Trail, GMB 284 Naples, Florida 34112 ttiquettes ladles a peter Sens de Repliez a to hachure afin de vuuvw every cam Utilisez le gabarii•AVl RYA 5160 i rharnomnnt reveler le rebord Pop -up- ; 1- 800 -GO -AVERY Packet Page -312- 6/12/2012 Item 9.B. NEIGHBORHOOD INFORMATION MEETING PETITION NO.: RZ- PL2011 -1572 The public is invited to attend a neighborhood information meeting by Michael R. Fernandez, AICP, RA of Planning Development Incorporated, representing SSP Associates, Inc. on: Thursday, January 5, 2012 at 5:30 p.m. in a meeting room at the East Naples Public Library 8787 E. Tamiami Trail, Naples, Florida 34113 The subject property is located at 11412 E. Tamiami Trail, Naples, Florida, 34113, in Section 32, Township 50S, Range 26E, Collier County, Florida. Site Location Map Please be advised that the property owner has made application to Collier County seeking approval of a Rezone for the 1.75=E acre subject property that is a portion of a parcel located at 11412 E. Tamiami Trail. The current zoning of the property is C -3. The northernmost 300 ft of depth of the parcel, as measured from its frontage on US 41 E, is proposed to be rezoned from C -3 to C -5. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner /developer representatives and Collier County Staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or email by February 5, 2012 to: Michael R. Fernandez, AICP, RA / Planning Development Incorporated 3560 Kraft Road, Suite 301, Naples, Florida 34105 Phone: (239) 263 -6934 /Fax: (877)263-0535/mfemandez@planningdevelopmentine.com Packet Page -313- GOU)eq GATE PARKWA F °< ¢ d o al 0 c � ¢ H U' -' I -75 N O 'A Q RADIO ROAD s i3 w DAVIS BLVD m Z O c �.' 6 UJ { > m ash RATTLESNAKE HAMMOCK � THOMASSON m w O 1.75 f ACRE US�l u SITE �ds� LOCATION G Please be advised that the property owner has made application to Collier County seeking approval of a Rezone for the 1.75=E acre subject property that is a portion of a parcel located at 11412 E. Tamiami Trail. The current zoning of the property is C -3. The northernmost 300 ft of depth of the parcel, as measured from its frontage on US 41 E, is proposed to be rezoned from C -3 to C -5. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner /developer representatives and Collier County Staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or email by February 5, 2012 to: Michael R. Fernandez, AICP, RA / Planning Development Incorporated 3560 Kraft Road, Suite 301, Naples, Florida 34105 Phone: (239) 263 -6934 /Fax: (877)263-0535/mfemandez@planningdevelopmentine.com Packet Page -313- PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects January 6, 2012 via hand delivery Ms. Kay Deselem, AICP Principal Planner Collier County Growth Management Division / Planning and Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 Re: SSP Rezone (RZ -PL -2011 -1572) Re: 11412 E. Tamiami Trail, Naples, Florida NIM - January 5, 2012 / Documents Dear Ms. Deselem: Good to see you and Mike at the Neighborhood Information Meeting for the SSP Rezone last night, thanks. Enclosed for your use and the project file, please find the following: 1. NIM Sign In Sheet 2. NIM Meeting Notes 3. NIM Audio Cassette 4. CDRom - containing the above NIM documents, as well as copies of the exhibits that were presented and available at the meeting. As always, upon your receipt and review, should you require any additional information, please do not hesitate to contact our office. Thank you, again, for your assistance.with the processing of this application and for aiding us to meet our client's goals. Sincerely, PLANNING DEVELOPMENT INCORPORATED Terri Fer andez Vice President - Administrator Enclosures 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfemandeZ (0)Dlanninodeveloomentinc.com Development Consulting and Planning Architecture Engineering State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 Packet Page -314- • Phone 239.263.6934 • Fax 877.263.0535 Landscape Architecture License No. LC0000378 6/12/2012 Item 9.13. PLANNING DEVELOPMENT INCORPORATED SSP ASSOCIATEa, INU. KI =LUNt (KZ) 3560 Kraft Road, Suite 301, Naples, FL 34105 RZ -PL 2011 -1572 Telephone: 239.263.6934 NIM DATE: JANUARY 5, 2012 NEIGHBORHOOD INFORMATION MEETING (NIM) Thursday, January 5, 2012, 5:30 pm East Naples Public Library 8787 E. Tamiami Trail, Naples, Florida 34113 PLEASE PRINT Packet Page -315- . u � .MAILING J= M 41L ADDRESSES . TELEPHONE- • Michael R. Fernandez Planning Development Incorporated 263 -6934 3560 Kraft Road, Suite 301, Naples, FL 34105 • mfernandez@planningdevelopmentinc.com 263 -6934 Terri Fernandez Planning Development Incorporated 3560 Kraft Road, Suite 301, Naples, FL 34105 • tfernqaqez@plahninadevelopmentinc.com Kay Deselem, Principal Planner Collier County Land Development Services 252 -2931 2800 N. Horseshoe Drive, Naples, FL, 34104 ka deselem@colliergov.net • 1 1 L 1� r La-2 • - ��/�/7 c. 0 -7 2 50 6 ST 1 Packet Page -315- 6/12/2012 Item 9.B. 11 F` PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects II_ NEIGHBORHOOD SSP ASSOCIATES, INC. NC5 ± INFORMATION ACRE REZONE FROM C-3 OMMERCIAL TO C -5 COMMERCIAL II NIM DATE / LOCATION: Thurs., Jan. 5, 2012; County Public Library on East Trail PROJECT NAME: SSP Associates, Inc. Rezone / Petition RZ -PL- 2011 -1572 NOTES AUTHORED BY: Michael R. Fernandez, AICP RA Meeting was scheduled and held at 5:30 pm. After the initial 15 minute period there were no attendees from the public. Those attending were Collier County Planners Kay Deselem and Michael Sawyer; and, representatives of the petitioner and the petitioner's agents. A singular attendee, Amy Sherman, a member of the public who received notification as a family member of residential condominium unit owner in a notified Tree Tops PUD, arrived just before packing up. Petitioner's agent, Michael Fernandez, gave a personal presentation to the unit owner representative of the property location and the proposed zoning change. The property owner's address is 5270 Treetops Drive and from a Google Map search (attached) is one of 180 units within the Tree Tops (residential and commercial) PUD and this unit is located approximately 900 ft from the subject property with a number of intervening multi -story buildings, parking lots and a lake. Therefore this property is unlikely to have any visual and audio impacts for the subject property. Amy advised that she had reviewed online the permitted uses of both the C3 and C5 zoning districts and believed that she preferred the list of C3 uses and was specifically concerned how the development of the vacant property would impact the entry driveway back ( thier driveway splits two commercial tracts) to the residential portion of the Tree Tops PUD development. It then was confirmed that her concerns were relative to the undeveloped commercial tract within the Tree Tops PUD which she had mistakenly assumed was the subject of the rezone. We jointly reviewed the aerial location map exhibits and her concerns were somewhat relieved. The commercial tract of her concerns has a broad list of permitted uses, inclusive of C5 permitted land uses and associated development standards including a maximum building height of 100 ft. We provided Amy with a copy of the governing Tree Top PUD Documents for the property. It was noted that the existing C3 zoning district has a maximum height of 50 ft; and, that the proposed C5 zoning district has a 35 ft maximum height — which height is more effectively buffered by landscaping, trees and setbacks. Michael Fernandez then reviewed the proposed zoning change consistent with the attached narrative submitted with the application and attached for reference. County Planner Kay Deselem reviewed why the County requires the NIM and presented contact information for herself and Amy was encouraged to call either herself or Michael Fernandez with any follow -up questions she may have; and she was advised that notices for the subsequent public hearings would be forthcoming and she would be welcome to attend-and speak at those subsequent meetings. Meeting was closed around 6:10 pm. End of notes. 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfernandez (aolanningdeveloomentinc com • Phone 239.263.6934 • Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 Packet Page -316- (�� Address 5270 Treetops Dr �J LJ �s L L Naples, FL 34113 G� s. 6/12/2012 Item 9.13. Get Google Maps on your phone Text the word %MAPS" to 4664 S3 i day Feffq,� AVIOMotn•.. `O as �s 5 ®2011 Google - Map data 02011 Google Packet Page -317- 6/12/2012 Item 9.13. SS P STANDARD REZONE RZ- PL- 2011 -1572 COVER LETTER / PROJECT NARRATIVE Twenty (20) copies PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects State of Florida Corporate Certification of Authorization Numbers: Florida Board of Architecture and Interior Design: AA26002158 Florida Board of Engineers Certificate of Authorization Number: 8450 State of Florida Landscape Architecture License Number: LC0000378 3560 Kraft Road, Suite 301, Naples, Florida, 34105 Phone: 239.263.6934 • Fax: 877.263.0535 • Email: mfernandez (a)olanningdeveloomentinc.com NOVEMBER 2011 Packet Page -318- 6/12/2012 Item 9.13. PLANNING DEVELOPMENT INCORPORATED Development Consultants Architects Engineers Planners and Landscape Architects November 21, 2011 Ms. Kay Deselem, Principal Planner Collier County Growth Management Division / Planning and Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 Re: SSP Rezone (RZ -PL -2011 -1572) Re: 11412 E. Tamiami Trail, Naples, Florida Cover Letter / Project Narrative Dear Ms. Deselem: Transmitted under this cover is our application package and required support documents for the proposed Standard Rezone (RZ) application relative to SSP Associates, Inc., which was discussed with you during our September 28, 2011 pre- application meeting. Also enclosed are the associated application fee check in the amount of $7,825.00, and one (1) CDRom containing PDF documents of the entire submittal package. Project Narrative: The subject property is located at 11412 E. Tamiami Trail. The current zoning of the property is C3. The northernmost 300 ft of depth of the subject parcel, as measured from its frontage on US 41 E, is proposed to be rezoned from C -3 to C -5. The abutting property to the east is zoned C -5 and has a depth greater than 300 ft. as measured from its frontage. The abutting property to the west is zoned PUD and its northernmost 300 ft, as measured from its frontage is zoned for commercial and includes permitted uses from the C -3, C -4 and C -5 standard zoning districts. Abutting properties are utilized in part for "construction / development related land uses and storage facilities ". The property requested to be rezoned from C -3 to C -5 does not abut residential and is compatible with abutting properties and potentially could be utilized to support a common land use with one or more of these after rezoning. The land owner is seeking the change from the C -3 standard zoning district to the C -5 standard zoning district to address market demand for C -5 supported land uses, including but not limited to: "construction / development related and storage land uses "; and, potentially to support common land use(s) with abutting parcels. Market demand indicates that there is excess C -3 zoned properly along this US 41 East segment. The C -3 zoning district is more intensive than the C -5 zoning district as it: 1) Supports more intensive trip generating commercial land uses; and 2) Permits building heights up to 50 feet, able to support a five (5) story building, verses the C -5 district's maximum height of 35 feet, able to support a three (3) story building. This standard alone establishes a C -3 zoning district which can support 67% (5/3) greater intensity measured by square footage with. associated parking. The balances of the other general zoning district development standards are comparable. The more restrictive 35 foot height limitation also facilitates buffering; i.e., trees, hedges, and walls are more effective buffering heights up to 35 ft, than 50 ft. 3560 Kraft Road, Suite 301, Naples, Florida 34105 mf emandezrnianninodevelonmentinccom • Phone 239.263.6934 . Development Consulting and Planning Architecture Engineering LandscapeArrhltecWre State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 Ucence No. LC0000378 Packet Page -319- 6/12/2012 Item 9.B. The C -5 district supported land uses which are unique to the district are considered potentially less compatible with residential and therefore may be considered more "intensive" in this context. low However, relative to the general application of the term "intensity", the C -5 land uses in the context applicable to GMP Level of Service standards is the same or less intense than the C -3 or C- 4 zoning districts. Based on the above, the proposed rezone of the subject property, the northernmost 300 ft of the parent parcel equal to 1.75 acres, from C -3 to C -5, is supported by the GMP and is compatible to its context. See the attached Evaluation Criteria document for additional information. As always, upon your receipt and review, should you require any additional information or copies or should you have any questions or comments relative to 'our application and submittal package, please do not hesitate to contact our office. Thank you, in advance, for your assistance with the processing of this application and for aiding us to meet our client's goals. Sincerely, PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP, RA President 3560 Kraft Road, Suite 301, Naples, Florida 34105 mfemande ,601anninadeveloomentinc com - Phone 239.263.6934 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 Packet Page -320- 6/12/2012 Item 9.13. ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A C -3 ZONING DISTRICT TO A C -5 ZONING DISTRICT FOR THE PROJECT KNOWN AS SSP ASSOCIATES, INC. REZONE LOCATED SOUTH OF TAMIAMI TRAIL EAST IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.75 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS; Michael Fernandez, AICP, RA of Planning Development, Inc. representing SSP Associates, Inc., a Michigan corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described 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, located in Section 32, Township 50 South, Range 26 East, Collier County, Florida is changed from a C -3 zoning district to a C -5 zoning district for a 1.75 +/- acre project to be known as the SSP Associates, Inc. Rezone, subject to the Conditions shown in Exhibit B., Exhibits A and B are attached hereto and incorporated herein by reference. 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: This Ordinance shall become effective upon filing with the Department of State. SSP Associates, Inc. Rezone 1RZ -PL201 I -1572 Rev, 3/09/12 1 of 2 Packet Page -321- 6/12/2012 Item 9.B. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2012. ATTEST DWIGHT E. BROCK., CLERK , Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, Chairman L Heidi Ashton -Cicko � Assistant County attorney Section Chief, Land Use /Transportation Attachments: Exhibit A — Legal Description Exhibit B — Conditions of Approval CP \11 -CPS -0 l 129 \17 SSP Associates, Inc. Rezone \RZ- PL2011 -1572 Rev. 3/09/12 2 of 2 Packet Page -322- South Florida Surveying Inc. 6/12/2012 Item 9.13. 242123rd Street S. W. Naples, Florida 34117 Phone: (239) 34-1169 sfsinc @southfloridasurveying.com http: / /Www.southfloridasurveying com CERTIFICATE OF AUTHORIZATION 007624 I LEGAL DESCRIPTION AND SKETCH — NOT A BOUNDARY SURVEY A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4318, PAGE 459, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING WITHIN SECTION 32, TOWNSHIP 50 SOUTH, COLLIER COUNTY, FLORIDA, BEING MORE PARTiCU FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER 0 ACRES, AS RECORDED IN PLAT BOOK 3, PAGE N RECORDS OF COWER COUNTY, FLORIDA; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID PROLONGATION THEREOF, 410.00 FEET, TO THE P THE LAND HEREIN DESCRIBED: THENCE CONTINUE NORTH 50'56' EAST, 300 FEET WITH A LINE RUNNING PARALLEL TO AND 150 FEI (AS MEASURED AT RIGHT ANGLES) THE CENTERUI (U.S. HIGHWAY 41), AS SHOWN ON SAID PLAT; THENCE NORTH 39'04' WEST, ALONG SAID LINE Z THENCE SOUTH 50'56' WEST, 300.00 FEET; THENCE SOUTH 39'04' EAST, 253.76 FEET, TO TH DESCRIBED LAND CONTAINS 76,128 SQUARE FEET ZZ REMAINDER OF LANDS DESCRIBED IN OFFICIAL REC( BOOK 4318, PAGE 459 fob POINT OF COMMENCEMENT SOUTHWESTERLY CORNER BLOCK 2, TRAIL ACRES Exhibit A Packet Page -323- �.Tlrril lilli �.71..1�1.1L't 120 0 60 120 y ( IN FEET ) 1 inch = 120 ft. PATH: \MIS COLL\SSP ASSOCIA c Dw 6/12/2012 Item 9.13. Conditions of Approval SSP Associates, Inc. RZ- PL2011- 0001572 1. Outdoor animal services, such as kenneling, in conjunction with any use is prohibited; 2. Outdoor storage along US 41 up to a depth of 150 feet is prohibited; 3. Outdoor storage areas beyond the 150 -foot depth limitation shall be limited to 8 feet in height or less and screened from U.S. 41 in accordance with the LDC; 4. Uses allowed by the following SIC codes are prohibited: • Farm labor contractors and crew leaders (0761) • Local trucking without storage (4212) • Livestock (5154) • Drinking places (5813) • Fuel oil dealers (5983) • Fuel dealers not elsewhere classified (5989) • Rooming and boarding houses (702 1) • Escort services only (7299) • Heavy construction equipment rental (7353) • Drive -in motion picture theatres (7833); 5. SIC Code Use Group 7999, Amusement and Recreation Services, shall be limited to indoor uses only; 6. Homeless Shelters and Soup Kitchens are prohibited; 7. Conditional Uses listed in the C -5 zoning district and not listed as permitted or conditional uses in another commercial zoning district are prohibited; and 8. Communication Towers shall be limited and restricted to the use and height provisions applicable to the C -3 zoning district. EXHIBIT B 11- CPS - 01129121 SSP Associates, Inc. Rezone /RZ- PL2011 -1572 Rev. 3/14/12 Packet Page -324- 6/12/2012 Item 9.13. 26D') Wednesday, Aprit 18, 2012 )) N A P L E S DA I LY NEWS NOTICE NOTICE OF INTENT . TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 8, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 TamiamL .Traff 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 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A' C -3 ZONING DISTRICT TO A C -5 ZONING DISTRICT FOR THE PROJECT KNOWN AS SSP ASSOCIATES, INC. REZONE LOCATED SOUTH. OF TAMIAMI TRAIL EAST IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, .COLLIER COUNTY, FLORIDA, CONSISTING OF 1.75 +f- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. 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.te 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 days Epprior to the public hearing. All material used in presentations before the Board will 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 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) jjnril 19, 2012 No. 1945479 Packet Page -325-