Agenda 09/28/2010 Item # 6A
Agenda Item No. 6A
September 28,2010
Page 1 of 5
Office of the County Manager
Leo E. Ochs, Jr.
3301 East Tamiami Trail' Naples Fiorida 34112' (239) 252.8383' FAX: (239) 252-4010
September 1, 2010
Mr. Tim Hancock
Davidson Engineering, Inc.
3530 Kraft Road Suite 301
Naples FL 34105
Re: Public Petition Request regarding an agreement with the State of Florida Department of
Community Affairs
Dear Mr. Hancock,
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 28, 2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. If the
subject matter is currently under litigation or is an on-going Code Enforcement case, the Board
will hear the item but will not discuss the item after it has been presented. Therefore. your
petition to the Board should be to advise them of your concern and the need for action by the
Board at a future meeting.
The meeting will begin at g:OO a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance. please do not hesitate to contact this office.
Sincer y,
- ~-i/ ~:./...// /.
Mike Sheffield
Assistant to the County Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Norman Feder, Administrator, Growth Management
Nick Casalanguida, Deputy Administrator, Growth Management
Agenda Item No. 6A
September 28. 2010
Page 2 of 5
brock m
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':rom:
3ent:
To:
Cc:
Subject:
Attachments:
Tim Hancock [Tim@davidsonengineering.com]
Tuesday, August 31.20103:32 PM
brock m
ColettaJim; CasalanguidaNick; MarcellaJeanne
Request for Public Petition
Public_Petition_ltr8-31-10.pdf; 08-0020-Stokes Rezone-Aerial Progression-plt.pdf
Dear Ms. Brock,
Attached is a letter requesting an item to be placed on the first available BCC agenda as a public petition request. Also
attached is an aerial that accompanies the letter request. Prior to making this request, I met with Commissioner Coletta to
discuss this matter and at his direction I then met with Nick Casalanguida. Deputy Administrator of the Growth
Management Division.
Once this matter is scheduled for an upcoming agenda, please notify me of the date. My contact information is below and
if you need hard copies of the attached documents, please let me know.
Regards.
Tim Hancock, AICP
Director of Planning
Tim@davidsonenaineerina.com
e
DAVIDSON
I r:
www.davidsonenQineerinQ.com
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, FL 34105
Phone 239.43406060 ext. 2983
Fax 239.434.6084
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1
Agenda Item No. 6A
September 28. 2010
Page 3 of 5
~
DAVIDSON
ENGII-.JEERING
CIVIL ENGINEERING . PLANNING
ENVIRONMENTAL
August 24,2010
Mr. Leo Ochs
County Manager
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
RE: Requestfor Public PetitiOII; BCC direction regardillg all agreemellt witll tile State
of Florida Department of Commullity Affair~ to amelld regulatiolls ill tile Area of
Critical State Concem (ACSC) for .,1. 73 acres at tile soutlrwest comer of us 41 and
SR29.
Dear Mr. Ochs,
I am representing the property owners of two small parcels of land at the southwest
corner of US 41 and SR 29 totaling approximately 1.73 acres. The corner parcel is an
existing gas station and convenience store that has been in existence at least as far back as
1973 (see attached aerial). The parcel lying immediately adjacent to the West has been
historically impacted and is not currently developed.
With the adoption of the Growth Management Plan (GMP) in 1989, this area was
designated as being eligible for commercial zoning under tile Rural Commercial
Subdistrict. It was also however, included in the Area of Critical State Concern by tile
state of Florida in 1974 via an act of the Florida Legislature which severely limits the
amount ofland area that could be impacted in any way. Under the ACSC provision, the
existing gas station and convenience store is "grandfathered" but the adjacent parcel
would be limited to 10% total impacts ("4,000 sq. ft.) witll only half that being permitted
as non-permeable. This in effect limits any paving and building to 2,000 square feet for
land designated as Rural Commercial in the GMP. Obviously, tllese two designations are
in conflict.
The State Department of Community Affairs permits local governments to amend the
ACSC through mutual agreement should conditions warrant. TIus was done as recently
as 2005 in order to address changing conditions in Plantation Island. The petitioner seeks
to create a similarly styled agreement between Collier County and DCA to permit
reasonable use of the land in accordance with the Rural Commercial Subdistrict of the
GMP. The only other remedy available to the property owner would be through an act of
the legislature which is a very unlikely scenario.
3530 Kroff Road, Suite 301 . Naples, Flor:da 34105 . Phone: 239.434.6060
www.DavidsonEngineerirg.com
Fax: 239.434.6084
Agenda Item No. 6A
September 28, 2010
Page 4 of 5
c~
DAVIDSON
ENGINEERlf'IG
The purpose of this public petition is to:
1. Seek Board direction in requesting County staff to work with the property owners
to craft an agreement with the Department of Community Affairs to permit a
reasonable level of commercial development on these parcels.
2. Establish an appropriate fee ($1,000) to address staffs time in the review of
documents prior to BCC review and transmittal to the Department of Community
Affairs.
A draft agreement would then be brought to the Board of County Commissioners for
approval prior to transmitting it to the Department of Community Affairs. The Growth
Management Division, Planning & Regulation and the Collier County Attorney's office
would assist in the review of any draft document before it would be presented to the
BCe. In determining an appropriate fee, the most similar review of this type of
document would be an application for an Official Interpretation (01) that requires both
CDES and County Attorney review. The application fee for an 01 is $1,000 and the
applicant requests that the BCC authorize the above actions with the understanding that
should staff review exceed the application amount, then the applicant would be
responsible for additional charges.
Once an agreement is reached with DCA, it would be brought back to the Collier Board
of County Commissioners for final discussion and ratification at a regularly scheduled
Board meeting.
I thank you in advance for you cooperation and assistance in getting this matter on the
first available BCC agenda. I encourage you to contact me with any questions you may
have.
Sincerely,
/ /. ,;1, ,(1/
/l!fl/l/Ilttr-
Tim Hancock, AICP
Director of Planning
Enclosure
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