HEX Agenda 10/24/2013COLLIER COUNTY
HEARING EXAMINER
HEARING AGENDA
OCTOBER 24, 2013
Arrcninn
THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT
9:00 AM ON OCTOBER 24, 2013, IN CONFERENCE ROOM 610 AT THE
GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING
EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING
REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE
HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A
PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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
EVIDNENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE
FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESETATION BY STAFF,
PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION
WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY
COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF - ADDRESSED ENVELOPE FOR THAT
PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR
EMAIL ADDRESS.
1. REVIEW OF AGENDA
2. APPROVAL OF PRIOR MEETING MINUTES
3. ADVERTISED PUBLIC HEARINGS
A. PETITION NO. CU- PL20130000481: Wynn Properties, Inc. requests a Conditional Use to
allow a food store with greater than 51000 square feet of gross floor area in the principal
structure, permitted food service uses with more than 6,000 square feet of gross floor area
in the principal structure, and permitted personal services, video rental or retail uses with
more than 5,000 square feet of gross floor area in the principal structure within a
commercial intermediate (C -3) zoning district pursuant to Sections 2.03.03.C.1.c.10,
2.03.03.C.1.c.16, and 2.03.03.C.1.c.17, respectively, of the Collier County Land Development
Code for property located on Tamiami Trail East in Section 13, Township 50 South, Range
25 East, Collier County, Florida.
4. OTHER BUSINESS
S. ADJOURN
AGENDA ITEM 3 -A
Co er County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: PLANNING AND ZONING DEPARTMENT
GROWTH MANAGERMENT DIVISION, PLANNING AND REGULATION
HEARING: OCTOBER 24, 2013
SUBJECT: PETITION CU- PL20130000481, WYNN SUNSHINE EAST NAPLES
SITE
PROPERTY OWNER/AGENT:
Owner(s): Wynn Properties, Inc.
Bill Clarke, Manager
9220 Bonita Beach Road, Suite 200
Bonita Springs, Fl 34135
Agent: Robert J. Mulhere, FAICP
Hole Montes, Inc.
950 Encore Way
Naples, F134110
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for a
Conditional Use pursuant to the Land Development Code (LDC) Section 2.03.03.C.1.c. of
the Commercial Intermediate C -3 Zoning District. The conditional use being requested is
as follows: Number 10, 16 and 17, to allow those uses to exceed the square foot limitations
provisions for permitted uses in the C -3 zoning district.
GEOGRAPHIC LOCATION:
The subject 1.84± acre site is located at 4433 Tamiami Trail East, on the east side of
Tamiami Trail East (US 41), generally south and east of the intersection of Lakewood
Boulevard and Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Folio
Number 00394480006. (See location map on the following page)
CU- PL20130000481 Page 1 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
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THOMASSON LANE
PETITION # CU -PL- 2013 -481
ZONING MAP
n PURPOSE/DESCRIPTION OF PROJECT:
The Petitioner has applied for a Conditional Use as provided for in the Commercial
Intermediate (C -3) zoning district to allow food store use greater than 5,000 square feet,
food service use (eating places) greater than 6,000 square feet, and personal services use
greater than 5,000 square feet. The subject property was previously developed with a 1-
story building originally with a restaurant use. The Conceptual Master Plan and Landscape
Plan (see attachments) depicts the conceptual site improvements proposed for the new
development which will be reviewed and approved through a subsequent Site Development
Plan (SDP) process.
The applicant proposes to construct a 22,000± square foot retail building meeting LDC
required site improvements as applicable. The purpose of this petition is to obtain a
Conditional Use approval for uses in- excess of the gross floor area limitations to permit the
proposed 22,000± square feet of retail use as allowed by the Conditional Use section of the
LDC, specifically:
Conditional Use # 10: Food stores with greater than 5,000 square feet of gross floor
area in the principal structure (groups 5411- 5499).
Conditional Use # 16: Permitted food service uses with more than 6,000 square feet
of gross floor area in the principal structure (group 5812, easting places).
n Conditional Use # 17: Permitted personal services, video rental or retail uses
(excluding drug stores — 5912) with more than 5,000 square feet of gross floor area
in the principal structure.
As previously stated, the subject 1.84± acre site is located at 4433 Tamiami Trail East, on
the east side of Tamiami Trail East (US 41); generally south and east of the intersection of
Lakewood Boulevard and Tamiami Trail East.
SURROUNDING LAND USE & ZONING:
Northwest : Developed commercial parcel, with a zoning designation of Commercial
Intermediate (C -3) with Conditional Use Resolution 05 -176 for CU use # 17.
Northeast: Developed residential parcels with a zoning designation of Residential
Multi - family -6 (RMF -6).
Southeast: An Undeveloped commercial parcel with a zoning designation of
Commercial Intermediate (C -3).
Southwest: Tamiami Trail East (US -41) ROW, then developed commercial parcels with
a zoning designation of Commercial Intermediate (C -3).
According to the application similar Conditional Use approvals have been granted in the
East Naples Tamiami Trail East (US 41) neighborhood including the northwest parcel
immediately adjacent to this proposed development/petition request. The proposed
development will retain the existing Ingres and egress location and the applicant notes that
CU- PL20130000481 Page 3 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
the site is served by central sewer and water services. As noted previously the site was
most recently used as a retail store and originally developed as a restaurant.
Staff is recommending approval of this Conditional Use Request.
To date, no letters of objection or support have been received.
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban
Mixed Use District, Urban Residential Subdistrict) and is within the Coastal High Hazard
Area as identified on the Future Land Use Map of the Growth Management Plan. Relevant
to this petition, FLUE Policy 5.9 provides that property zoned prior to the adoption of the
Plan and found to be consistent through the Zoning Re- evaluation Program as "improved
property" is consistent with the Growth Management Plan and designated on the Future
Land Use Map series as properties Consistent by Policy. The subject property is one such
"improved property ". Accordingly, the property may be developed or re- developed per the
existing C -3 zoning district.
CU- PL20130000481 Page 4 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
Based on the above analysis, staff finds the request for Conditional Uses #10, #16 and #17
of the Commercial Intermediate (C -3) zoning district consistent with the Future Land Use
Element of the Growth Management Plan.
Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that 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): Staff finds the project to be
consistent with the Conservation & Coastal Management Element (CCME). This project
was not required to have an Environmental Advisory Council (EAC) review as it does not
meet the required criteria for review by the EAC as found in Division 23, Section 2 -1193 of
the Collier County Code of Ordinances.
ANALYSIS:
Before any conditional use can be approved the Collier County Hearing Examiner must
determine if the petition meets the following provisions, finding that: 1) granting approval
of the conditional use will not adversely affect the public interest; 2) all specific
requirements for the individual conditional use are met; and 3) satisfactory provisions have
been made concerning the following matters, where applicable:
1. Section 2.03.03.C.1.c of the LDC permits conditional uses in the Commercial
Intermediate (C -3) Zoning District.
The requested use food stores, food services (eating places) and personal services, are
permitted when they exceed the applicable square foot limitations as conditional uses in
the Commercial Intermediate (C -3) Zoning District, subject to the standards and
procedures established in section 10.08.00, Conditional Use Procedures, of the LDC.
and in the Administrative Code for land development. As noted in the application a
similar conditional use has been granted within this area including the adjacent parcel to
the northwest. The petition request meets the conditional use provisions of this zoning
district.
2. Consistency with the Land Development Code and the Growth Management Plan.
As noted above, this proposal is consistent with the applicable provisions of the FLUE,
the Transportation Element and the CCME Element; therefore the petition is consistent
with the overall GMP. The proposal may also be found consistent with all of the
applicable provisions of the LDC.
3. Ingress and egress to the property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
CU- PL20130000481 Page 5 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
As shown on the Concept Master Plan vehicular access to the site is currently provided
on this developed parcel and will not be relocated with the new development. With
regard to traffic on public right -of -ways, Transportation Planning staff indicates that
they have reviewed this petition and determined that there are no outstanding issues
concerning vehicular access and traffic control.
4. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The applicant has indicated in the application that there is a substantial area provided
for landscape buffering adjacent to the residential district to the northeast. It is staffs
opinion that the development as depicted on the Conceptual Master Plan and Landscape
Plan including the landscape buffer area noted above in combination with the required
masonry wall /fence meeting LDC 5.03.02.H. will substantially address noise, glare and
odor effects. Additionally noise and glare from the proposed development should not
be greatly expanded from the previous site operations. Because the property is
currently vacant the proposed development represents a potentially greater or more
positive economic condition within the general neighborhood as well as improve an
existing under - utilized parcel. In addition because the existing building will be replaced
with a new building and site improvements the redevelopment of the site may also serve
to revitalize the overall economic condition of the neighborhood.
Based on the information provided by the applicant staff is of the opinion that the
proposed project will not generate additional noise, glade, and odor or otherwise
generate undesirable economic impact on the neighborhood.
5. Compatibility with adjacent properties and other property in the district.
As previously noted the site is surrounded by residential and commercially zoned lands
all of which are developed parcels except for the commercial parcel to the southeast.
Staff believes that with the recommended condition, plus the landscaping and masonry
wall elements discussed in consideration 4 above, the project will be compatible with
the neighborhood. Staff therefore believes that the propose Conditional Use to allow
the proposed uses to exceed the square footage limitations can be deemed compatible
with the neighboring properties. Furthermore, staff believes the recommended
condition of approval in combination with the proposed master plan improvements and
LDC standards adequately protect the public's interest.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agentlapplicant duly noticed and held the required NIM on June 27, 2013, at 5:30 PM
at the East Naples Branch Library, 8787 Tamiami Trail East, Naples, Fl. Two people from
the public, the applicant's team, and county staff were present.
CU- PL20130000481 Page 6 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
^ The following summary was provided by the agent:
Summary of Neighborhood Information Meeting: Conditional Use - Wynn Sunshine East
Naples Site
Date: Thursday June 27, 2013
Time: Commenced at 5:30 PM. Concluded at 6:23 PM
Location: East Naples Branch Library, 8787 Tamiami Trail East, Naples, Florida 34113
Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on
Behalf of the applicant, Wynn Properties. Jeff Wynn and Bill Clarke of Wynn Properties,
and Russell Budd (PBS, Inc) were also in attendance. Michael Sawyer, Collier County
Project Manager was present. Three members of the public attended the meeting.
Summary:
Mr. Mulhere identified the project location and summarized the CU process, and
specifically the reasons that the three Conditional Uses that are being requested in this
petition.
Mr. Mulhere summarized the public hearing process and possible hearing dates for this
petition, followed by a summary of the project utilizing an aerial photo and again
summarized the specific Conditional Uses requested which are as follows:
10. Food stores with greater than 5,000 square feet of gross floor area in the principal
structure (groups 5411 - 5499).
16. Permitted food service (5812, eating places) uses with more than 6,000 square feet of
^ gross floor area in the principal structure.
17. Permitted personal services, video rental or retail uses with more than 5,000 square feet of
gross floor area in the principal structure, except that massage parlors, adult book stores,
adult video rental or sales, or any other use that is defined as a "sexually oriented business"
in the Collier County Code of Laws, 26 -151 et seq. is prohibited.
Questions were then taken from the audience with responses from either Mr. Mulhere or
Mr. Clarke. Specific questions and comments included: (1) A request for a confirmation of
the prohibition of any sexually oriented business; (2) Confirmation that the proposed use is
a hardware store; (3) Comments and discussion regarding access, landscaping, site
expansion, and parking; and (4) questions regarding drainage and confirmation that the
drainage plans will not result in directing storm water or causing drainage issues for
adjacent neighbors. After all audience questions were taken, the meeting concluded. There
were no statements of opposition to the project. Several attendees made statements of
support for the project.
Prepared by Robert J. Mulhere, FAICP on July 1, 2013
CU- PL20130000481 Page 7 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report on October 3, 2013 for CU-
PL201300000481.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU-
PL20130000481, subject to the following condition:
1. Conditional Use #17 except that massage parlors, adult book stores, adult video
rental or sales, or other uses defined as sexually oriented business in the Collier
County Code of Laws, section 26 -151, are not allowed.
Attachments:
A. Application.
B. Conditional Use Exhibit, (Master Site Plan) sheet 1, dated 4- 24 -13.
C. Conditional Use Exhibit, (Landscape Plan) sheet L -1, dated 6 -24 -2013.
CU- PL20130000481 Page 8 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised: 10- 10 -13)
PREPARED BY:
, SAWN
G AND
REVIEWED BY:
PROJECT MANAGER
LING DEPARTMENT
LccL.- An:--
RAYMOND V. BELLOWS, ZONING MANAGER
PLANNING AND ZONING DEPARTMENT
MICHAEL BOSI, AICP, DIRECTOR
PLANNING AND ZONING DEPARTMENT
CU- PL20130000481 Page 9 of 9
Wynn Sunshine East Naples Site, Conditional Use
September 30, 2013 (revised:)
DATE
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USE
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CU-PL20130000481 REV: 2
WYNN SUNSHINE EAST NAPLES SITE
DATE: 6/26/13
DUE: 7/25/13
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RWNOARY OF SAID SECTION TO THE NORTHEASTERLY RIGHT Of WAY LINE OF U.S. 41 (TAMIANI
TRAIL THENCE NOR M' OV 20 - 'REST 1665.65 FEET ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF U.S. 4 (T--' TRAIL) TO THE PONT OF 8EM.ING; THENCE NORTH 39' 05' 20'
.ST 1. FEET �!; G SAID LINE THENCE NORTH 50' 54' 40- EAST 400 FEET-. THENCE SCJTH
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'WHINING.
PARCEL NO 39446p �
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SUSACT TO EASEVENIS, RESMICT1UNS. RESERVATION AND LI—ANONS OF RECORD, IF -1
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CURRENT ZONING -C
-3
ADJACENT ZONING (MST) - C-3
ADJACENT ZONING (.CR_) : C -3
ADJACENT ZONING (SWE") C_`
ADJACENT ZMNG (EAST) - RW-U
LAND USE
EXISTING ea
SU C AREA 0.19 ACRES IT iLDINC AREA : 0.51 ACRES
'IRA AREA 1 141 ACRES A 0.44 ACRES
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TOTAL SITE AREA - J.0 ACRES TOTAL SITE AREA - 1.64 ACRES
PARKING REOUIR MENTS:
RETAIL: _ �N_'
I PER 250 SOU"'E F`EET_
22.000 SF/250 - So SPACES REWIRED
TOTAL SPACES REWIRED. 80 (INCLUDING 4 HANDICAPPED)
TOTAL SPACES PROVIDED: 66 (INCLUDING 4 HANDICAPPED)
LOADING S AIES = 3 REWIRED
.AGING SPACES = 3 PROVIDED
CONDITIONAL USE EXHIBIT
Sunshine Hardware Store
COLLIER COUNTY, FLORIDA
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