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Agenda 12/02/2008 Item # 6A Agenda Item No. 6A December 2, 2008 Page 1 014 COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 East Tamiami Trail' Naples. Florida 34112' (239) 252-8383' FAX: (239) 252-4010 October 24, 2008 Mr. David Schimmel David Lawrence Center 6075 Bathey Lane Naples, FL 34116 Re: Public Petition Request to Discuss Donation of County Property at 425 1st Street North, Immokalee, FI Dear Mr. Schimmel: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 2, 2008 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 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the govemment 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. S' rely, //_~~ James V. MUdci-' , County Manager JVMljb cc: Jeffrey Klatzkow, County Attorney Joseph Schmitt, Administrator CD&ES Agenda Item No. 6A December 2. 2008 Page 2 of 4 Reouest to Speak under Public Petition Please print Name: V /4// i j Phone: 6t;7C::- hltfAf( VM/J/-f'c, iC, I 2-'?&f SC;-L//'-I2<! I ~0r t>....., <-/' CPnff'.- C 'f), ~~h r'U-eIkf'C') )..t+J1-e.- Address: ~'-III~ Date of the Board Meetino YOU wish to sDeak: /2../:_loy I f Must circle yes or no: Is this subject matter under litigation at this time? Yes t@ Is this subject matter an ongoing Code Enforcement case? Yes~ Note: If either answer is "yes". the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason YOU are reouestino to soeak (attach additional paoe if necessary): Please explain in detail the action YOU are askino the Commission to take (attach additional Daoe if necessary): H:\Judi's Folder\Forms\Publlc Petition Request Form - 2008 new form.doc , Agenda Item No. 6A December 2. 2008 Page 3 of 4 Department of Zoning and Land Development Review 22 October 2008 Ms. Heidi K. Williams, AICP Q. Grady Minor & Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 Re: Zoning Verification Letter ZLTR-2008-AR-13903, regarding property located at 425 I" Street North, Immokalee, Folio number 00127120009, in Section 4, Township 47 South, Range 29 East, Collier County, Florida Dear Ms. Williams: In your letter dated 16 October 2008 you ask whether separating the 2-acre portion of the subject property which supports the David Lawrence Mental Health Center facility from the remainder would affect the approved Conditional Use for the site, and further ask if a Lot Split accomplishing this separation would require additional development orders. The subject property has a zoning designation of Residential Single-family (RSF-3) with an approved Conditional Use (CU AR 3278) for a library expansion. The subject property supports, in addition to the David Lawrence facility and the Immokalee Branch of the Collier County Public Library, a Health Department facility, and a County maintenance shed. The property is currently owned by Collier County. The Conditional Use was approved for the library only to allow the expansion of that existing legal nonconforming use. The other facilities on the property, including the David Lawrence facility, are considered legal nonconforming uses as well. The separation of a two-acre portion of the property containing the David Lawrence facility from the remaining eight acres would not affect the existing Conditional Use nor would it require a new Conditional Use for the David Lawrence facility unless an expansion of that facility were proposed. The proposed separation could be accomplished through the Lot Split process; however, an approved Site Development Plan (SDP AR 2757) exists which includes the entire original I O-acre parcel. Once the Lot Split is accomplished, should ownership of the property be conveyed by the County presumably to the David Lawrence Center, an Insubstantial Change to the SDP would be required to bring the site under joint ownership . Agenda Item No. 6A December 2, 2008 Page 4 of 4 as a unified development and to revise the legal description of the property. Any significant improvements to any portion of the site resulting in an SDP Amendment would require that the entire site - both parcels - meet current Code. The alternative to a unified development would be to separate the David Lawrence parcel from the 8-acre parcel by amending the original SDP (AR 2757) and by creating a new SDP for the two- acre David Lawrence parceL Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these docwnents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 252- 2911. Researched and prepared by: Reviewed by: Ross Gochenaur, Planning Manager Department of Zoning & Land Development Review Ray Bellows, Zoning Manager Department of Zoning & Land Development Review cc: Susan M. Istenes, AICP, Zoning Director Correspondence file