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HEX Backup Documents 04/23/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS APRIL 23, 2015 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,APRIL 23,2015 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION 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. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: March 26, 2015 4. ADVERTISED PUBLIC HEARINGS: NOTE: Item 4A has been moved to the Collier County Planning Commission agenda: A. PETITION NO. BD-PL20140002207 — Real Estate Technology Corporation of Naples requests a 10-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 30 feet to accommodate a 9-slip boat dock for the benefit of Dockside Residential Planned Unit Development, Ordinance No. 14-16, located east of Collier Boulevard (CR 951) on Henderson Creek Drive in Section 3, Township 51 South, Range 26 East, Collier County, Florida consisting of 6± acres. [Coordinator: Fred Reischl, AICP, Principal Planner] B. PETITION NO. ZVL (CUD)—PL20150000328 — Livingston and Pine Ridge, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD,Ordinance No. 02-55, as amended. The subject property is located on the northeast quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County,Florida. [Coordinator: John Kelly,Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN * C. \-- lc tq t a***-,. *W z n1 * 7. * * a w X .� * U * A a uu z ? ¢ 3 I w H 0 w .� w N o x* w d x d OS * O 0, * ° W _ x 4, d a 4) 0-1 E * O H * \ � J F * x p~ * 3 ck U 4 * a /►4I a a h p, * ❑ ILI cc D. * - kl\ � , E. *J 1 • PP - Z � a C� * d* 'N . . _„W V _ * * ❑ W CO U. * 1 a F Pi_ , w * d W * \ P. * F ri... * ■ \ 'A g 3:* W Q W * v� O V w >'* >'' z � * A W 4., * v v4 ~ c* w d A O * .c �, J * a a w A >0 * 3 p z W w 1 z7 Q a * ° Q ae — * C7 O g •• U a * ❑ 0.* d >. p, CA (HEX) April 23, 2015 ZVL (CUD) PL20150000328 Livingston & Pine Ridge, LLC March 05, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement on 3 April, 2015, and furnish proof of publication to the attention of John Kelly, Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the folio winv on ALL Invoices. DIVISION:ZONING [Zoning Services Section} FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 (126.7Z Authpt ied Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, April 23, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. ZVL (CUD)—PL20150000328—Livingston and Pine Ridge, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended. The subject property is located on the northeast quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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 to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Acct #076397 March 5, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Petition ZVL (CUD) — PL20150000328, Livingston & Pine Ridge, LLC. Dear Legals: Please advertise the above referenced notice on Friday, April 3, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154426 March 05, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement on 3 April, 2015, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,April 23, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104,to consider: PETITION NO. ZVL (CUD)—PL20150000328—Livingston and Pine Ridge, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended. The subject property is located on the northeast quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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 to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Martha S. Vergara To: Legals NDN (legals @naplesnews.com) Subject: (HEX)ZLV (CUD) PL20150000328 Livingston & Pine Ridge, LLC Attachments: ZVL (CUD) PL20150000328 Livingston & Pine Ridge, LLC (4-23-15).doc;ZVL (CUD) PL20150000328 Livingston & Pine Ridge, LLC (4-23-15).doc Legals, Please advertise the following attached ad Friday, April 3, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergaraa,collierclerk.com Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, March 06, 2015 4:21 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UASC333 jpg Hey Martha! Please provide approval ASAP for publication on 04.03.15. My last ad of the week!!! Have a great weekend! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 03/06/15 Publication NDN Account Number 787098 Ad Number 2051514 Total Ad Cost $271.42 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., onr=Thor day, April 23, 2015, in the Hearing Examiner is Meeting Room, at 2800 North Horseshoe Drive, Room 609/6101 Naples, FL 34104, to consider: PETITION NO, ZVL U ) PL U1 OO 2 4 Livingston and Pine Ridge LLC requests affirmation of a zoning verification letter issued by the.•Plannin anal Zoning Department pursuant to LDC Section 10.02.06, in which,County staff determined that the proposed use of Chiropractic Clinic (SIC °8041) is comparable and corrtpatib e in: nature.to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge. PU0, Ordinance No 02-55, as amended. The subject property is located on the northeast quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All Materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed=at the Collier Count/ rowth Management ep rtrn.en:t,. oning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The I-tearing Examiner's decision becomes final on the}daterendered. If a person decides to appeal any decision made by the Collier County 1-learing Examiner with respect to any matter considered at such meeting or hearing, he,will need a record of that proceeding, and for such purpose lie 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 to be based: if you are a person-with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,, Ito the provision of certain assistance. Please contact tile Collier County Facilitie5 Management Division located at 3335 Tamlarni -Frail Last, Suites 1;01, Naples, Florida 34112-5356, (239) 252-8380, at least,two Jars prior to the meeting, ng. Mark Strain, Chief Hearing Examiner Collier County, Florida April 3, 2015 No, 205 1.514 Martha S. Vergara From: Bonham, Gail Sent: Friday, March 06, 2015 4:37 PM To: Martha S.Vergara; Kelly,John; Rodriguez, Wanda;Ashton, Heidi Subject: RE: NDN Ad Proof- HEX ZLV (CUD) PL20150000328 Livingston & Pine Ridge, LLC Title is correct. Gail Bonham, Legal Secretary OFFICE OF THE COUNTY ATTORNEY 2800 North Horseshoe Drive, Suite 201 Naples, Florida 34104 Telephone-239.252.2939 gailbonham@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, March 06, 2015 4:26 PM To: KellyJohn; RodriguezWanda; AshtonHeidi; BonhamGail Subject: NDN Ad Proof- HEX ZLV(CUD) PL20150000328 Livingston & Pine Ridge, LLC Hello All, Please review the attached ad proof, and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Monday, March 09, 2015 10:43 AM To: Martha S.Vergara Cc: Kelly, John; Ashton, Heidi; Stone, Scott Subject: FW: NDN Ad Proof- HEX ZLV (CUD) PL20150000328 Livingston & Pine Ridge, LLC Attachments: UASC333 jpg The ad is good. 1Vanda Rodriguez, .ACT .Advanced Certified`Paralegal Office of the County .Attorney (239)252-8400 Original Message From: Martha S. Vergara [mailto:Martha.VergaraIcollierclerk.com] Sent: Friday, March 06, 2015 4:26 PM To: KellyJohn; RodriguezWanda; AshtonHeidi; BonhamGail Subject: NDN Ad Proof - HEX ZLV (CUD) PL20150000328 Livingston & Pine Ridge, LLC Hello All, Please review the attached ad proof, and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s) . It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE : 076397 4500154426 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County 59767381 NOTICE OF PUBLIC HEA Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 23,2015,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider:State o f Florida PETITION NO. ■:VL (CUD)-PL20150000328 - Livingston and Pine Ridge, LLC requests Counties of Collier and Lee Deaffirmation of a zoning verification letter issued by the Planning and Zoning p pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and Before the undersigned authority, personal compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended. The subject appeared Dan McDermott, says that he serves property is loca ed on the northeast quadrant of Livingston Road and Pine Ridge Inside Sales Supervisor, of the Naples Daily Road,in Section 18,Township 49 Suuth,Range 26 East,Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in a daily newspaper published at Naples, in Cc recosedntation before the Hearing Examiner will become a permanent part of the County, Florida : distributed in Collier and Lee counties of Florida; that the at tact Copies of staff report are avaiy be one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. copy of advertising was published in said decides to Examiner's decision becomes final on the date rendered. If a person newspaper on dates listed. appeal an decision made by the Collier County Hearing Examiner with respect t to o any matter considered at such meeting or hearing,he will need a record Affiant further says that the said Naples P g, and for such purpose he may need to ensure that army erbatim record of the proceedings is made, which record includes the testiny and News is a newspaper published at Naples, in evidenceupo^which the appeal is to be based. Collier County, Florida, and that the said If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision newspaper has heretofore been continuous) of certain assistance. Please contact the Collier County Facilities Management y Division located at 3335 days p i Trail East, Suite 101, Naples, Florida 34112-5356, day and has been entered as second class ma: (239)252-83ao,at least two dayspriortothemeeting. matter at the post office in Naples, in saic chiefHrain, r Chief Hearing Examiner Collier • Collier County, Florida, for a period of 1 Aoril3.2015 County,Florida next preceding the first publication of the No 2241514 attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/03 AD SPACE: 82 LINE FILED ON: 04/03/15 Signature of Affiant / �,�/_ a Sworn to and Subscribed bO 'ore m t ' s IF, day of _/ ` 20 /6 Personally known by me .i — _ - - ,,,,'Iir CAROL POIIDORA Atli`�*� Notary PM*-State of Florida • Commission N FF 185830 My Comm.Expires Dec 28,X018 roo,, Bonded through National Notary P;,;. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: April 24, 2015 RE: Hearing Examiner Decision(s) from April 23, 2015. Attached is the signed HEX decision from the Hearing Examiner hearing on April 23, 2015. Attachment: HEX No. 2015 — 19 [05-00A-01253/813782/11744 HEX NO. 2015— 19 HEARING EXAMINER DECISION PETITION NO. ZVL (CUD)—PL20150000328 — Livingston and Pine Ridge, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended. The subject property is located on the southeast quadrant of Livingston Road and Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. DATE OF HEARING: April 23, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. DECISION: The Hearing Examiner hereby approves Petition No. ZVL(CUD)—PL20150000328, filed by John N. Brugger, Esq., representing Livingston and Pine Ridge, LLC, requesting approval of a zoning verification letter determining that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended, for the property described in Exhibit "A", and affirms staffs determinations as stated in the Zoning Verification Letter attached as Exhibit"B". ATTACHMENTS: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter ZVL—PL20150000328 LEGAL DESCRIPTION: See Exhibit"A" [15-CPS-01422/1173194/1]19 1 of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. y - 23 -20 Air Date Mar i Strain, Hearing Examiner Ap 4 ved as to o d legality: Sc∎tt A. Stone Assistant County Attorney [15-CPS-01422/1173194/1]19 2 of 2 OR 4534 PG 417 EXHIBIT A The West one half(1/2)of the Northwest one quarter(1/4)of the Northwest one quarter(1/4)of Section 18,Township 49 South,Range 26 east,Collier County,Florida,LESS the North 75 feet thereof. LESS AND EXCEPT those lands taken by Collier County by Order of Taking recorded in O.R. Book 3724,Page 1215,Public Records of Collier County,Florida more particularly described as follows: Commencing at the Northwest corner of Section .8,_Towntship 49 South,Range 26 East,Collier County, Florida,said point of commencement also_berT ft. t. . rsection of Pine Ridge Road(C.R.886) and Livingston Road; thence South 11 .._ 30 i ► ..ds East along the West line of said Section 18 a distance of 75.00 fee .fit •oint of Beginning, + North 89 degrees 35 minutes 12 seconds East along the South rig o . line of said Pine Ridge • •ad, distance of 642.58 feet;thence South 00 degrees 18 minutes se on:, -.st, . . .f 10.01 feet\thence South 89 degrees 35 minutes 12 seconds West,a dis anc=577.49 fee,- .e Sout 44 degr es minutes 06 seconds West,a distance of 21.41 feet; thence .ou (mil,• e f* .}}r'd Ea t,along a line lying 50 feet East, as measured perpendicu r t• th• t ne o wdt ►:, distance of 475.00 feet; thence South 89 degrees 44 minutes ? • o� e , ,is e of .I 10 'hence South 00 degrees 15 F.:. minutes 33 seconds East along+ lying 30.1' eet ast- s me" ure otil endicular to the West line of said Section 18, a distance of `• 7 feet; thence Couth de re .,1.9 minutes 19 seconds West, a distance of 30.00 feet,to the Wes it 4f said Section 18;tlil o degrees 15 minutes 33 seconds West,a distance of 1245.27 feet,to ''e•. t of Beginning. L../ C_ i � 41 E '= ALSO LESS AND EXCEPT those lands conveyed to Collier County by Warranty Deed recorded in O.R. Book 4021,Page 2529,Public Records of Collier County,Florida. Exhibit B c o 76Y Co GiYity Page 1 of 2 Growth Management Division Planning & Zoning Department Zoning Services February 19,2015 Forsyth & Brugger,P.A. c/o: John N. Brugger 600 5th Avenue South, Suite 207 Naples,Florida 34102 Re: Zoning Verification Letter ZVL-PL20150000328; Zoning Verification Letter — Comparable Use Determination for Marquesa Plaza, Building 600-B, Units 13 & 14; located at 13020 Livingston Road in Section 18, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 00287480003. Dear Mr. Brugger: This letter is in response to a Comparable Use Determination (CUD) Application dated February 10, 2015, that was submitted by you on the behalf of your client, Livingston and Pine Ridge, LLC. Said application was accompanied by a cover letter including justification for said request and three exhibits: Exhibit A — Copy of Ordinance 07-33, as amended; Exhibit B — Copy of SIC Groups 801 — 809 (classifications 8011-8099); Exhibit C—Marquesa Plaza site/concept plan; and Exhibit D—Current tenant list with required parking tabulation You have specifically requested a determination from the Planning Manager and affirmation from the Office of the Hearing Examiner that the use of a chiropractic office, SIC 8041, is comparable and compatible with the permitted uses in the Baldridge Planned Unit Development(PUD). As per the Official Zoning Atlas, said property is located within the Baldridge PUD, as established by Ordinance No. 02-55, as amended. As per the PUD's Master Plan, the subject location is within an area dedicated "Shopping Center" which corresponds to Section III of the PUD, the Commercial Areas Plan; permitted uses are listed within Section 3.3.a. Staff has established that Offices and Clinics of Chiropractors (SIC 8041) has been excluded from the listing of permitted uses; however, listed use #33 states, in part: Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD..." As part of your justification for a CUD you explain that PUD Section 3.3, Uses Permitted, states, in part: "The project will develop with uses that are consistent with C-1 through C-4 uses as contained within the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000 square feet." You also note that the PUD allows numerous uses within the Health Services Group of the SIC, including the following classifications: 8051-8059, 8062-8069, 8071, 8072, 8092-8099. You go on to explain that the subject request is being pursued to allow for a+/-3,200 square foot chiropractic clinic which will be used for the primary purpose of providing chiropractic services,therapies,massage therapy, acupuncture, physical therapy and rehabilitations services common to a chiropractic practice. Planning&Zoning Department•2800 North Horseshoe Drive •Naples. FL 34104 •239-252-2400•www colliergov net Exhibit B Zoning Verification Letter Z_VL-PL20150000328 Page 2 of 2 Page 2 of 2 Zoning Services Staff notes that the LDC uses a hierarchical method and that a chiropractic clinic (SIC 8041) is first recognized as a permitted use in the Commercial Professional and General Office District (C-1). Research reveals that the Board of Zoning Appeals has previously determined that a dental office (SIC 8021) was an allowable use within the Baldridge PUD by means of previously recognized formal process; said determination was recorded as Resolution No. 2012-33, adopted on February 28, 2012. During the review of that project, PL20110002649, it was established that the PUD does not contain a "purpose and intent statement", but Section 3.2, Development Emphasis, states that "the property is permitted a full array of commercial uses as indicated in the Growth Management Plan." As per the Future Land Use Map (FLUM) the subject property is located within the Livingston/Pine Ridge Commercial Infill Subdistrict (L/PRCIS). The GMP states that within the southeast quadrant of the L/PRCIS"general and medical office uses are limited to three stories with a 50 foot maximum height..." The Planning Manager has reviewed and evaluated your request,taking the above facts and circumstances into consideration, and fords that a chiropractic clinic (SIC 8041) is comparable and compatible to the other permitted uses within the Commercial Area of the PUD. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents 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 LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-5719 or e-mail: johnkeily @colliergov.net. Researched and prepared by: Reviewed by: (72 John A.Kelly,Planner Ra d Bellows, Planning Manager Planning&Zoning Department Planning&Zoning Department Zoning Services Zoning Services Attachments cc: GMD—Front Desk Planner GMD—Addressing Department AGENDA ITEM 4-B EXHIBIT I Cvi ier County T� STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: APRIL 23, 2015 SUBJECT: ZVL(CUD)-PL20150000328,BALDRIDGE PUD PROPERTY OWNER/APPLICANT/AGENT: Owner: Livingston and Pine Ridge, LLC 1427 Clarkview Road, Suite 500 Baltimore, MD 21209 Applicant: Livingston and Pine Ridge,LLC 1427 Clarkview Road, Suite 500 Baltimore, MD 21209 Agent: John N. Brugger Forsyth& Brugger,P.A. 600 5t'Avenue South, Suite 207 Naples,Fl 34102 REQUESTED ACTION: The Applicant has specifically requested a determination from the Planning Manager and affirmation from the Collier County Hearing Examiner(HEX)that the use of a chiropractic clinic/office, SIC 8041, is comparable and compatible with permitted uses in the Baldridge Planned Unit Development(PUD). GEOGRAPHIC LOCATION: The subject site comprises ±17.16 acres, located within the southeast quadrant of the intersection of Pine Ridge Road and Livingston Road in Township 49 South, Range 26 East, Section 18 of unincorporated Collier County,Florida. Folio No.: 00287480003. ZVL(CUD)-PL20150000328 Page 1 of 5 Baldridge PUD PURPOSE/DESCRIPTION OF PROJECT: The Applicant desires to lease+/-3,200 square feet, Building 600-B units 13 and 14, within an existing strip shopping plaza located within the commercial component of the Baldridge PUD for use as a chiropractic clinic/office. The applicant states: "the chiropractic clinic will be used for the primary purpose of chiropractic services, therapies, massage therapy, acupuncture, physical therapy and rehabilitation services common to a chiropractic practice." Said use is not amongst those specifically listed as permitted within Section 3.3 a., Permitted Uses, of the PUD document. The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. SURROUNDING LAND USE& ZONING: North: Pine Ridge Road ROW, across which are commercial buildings, Cambridge Square CPUD; South: Residential, Brynwood Preserve PUD; East: Fire station,zoned P and undeveloped Brynwood Center PUD; West: Livingston Road ROW, across which is a Stormwater pond then The Related Group PUD (St.Albans Apartments) fa- - t �r { k ✓ Y. .:O:tRjotod.;-: ., _:a e i rt s i .ti Apprite i 4 Sit r "!'a11“. n ' , ) . eri ,rclr i ZVL(CUD)-PL20150000328 Page 2 of 5 Baldridge PUD it PURPOSE/DESCRIPTION OF PROJECT: The Applicant desires to lease+/-3,200 square feet, Building 600-B units 13 and 14, within an existing strip shopping plaza located within the commercial component of the Baldridge PUD for use as a chiropractic clinic/office. The applicant states: "the chiropractic clinic will be used for the primary purpose of chiropractic services, therapies, massage therapy, acupuncture, physical therapy and rehabilitation services common to a chiropractic practice." Said use is not amongst those specifically listed as permitted within Section 3.3 a.,Permitted Uses, of the PUD document. The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ANALYSIS: Allowable uses within the commercial component of the subject PUD are contained within Section 3.3.a., Permitted Uses; listed use #33 states: "Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals." Changes to the LDC, subsequent to approval of the PUD,allow for the current ZVL-CUD process. The applicant notes that the PUD does not contain a "purpose and intent statement," however,the within Section 3.3, Uses Permitted, does state: "The project will develop with uses that are consistent with C-1 through C-4 uses as contained in the Land Development Code in effect as of the date of adoption of this ordinance not to exceed 125,000 square feet." Additionally, the applicant argues that the PUD allows numerous uses within The Health Services Group of the Standard Industrial Classification (SIC) manual; more specifically: 8051-8059 (nursing and personal care facilities), 8062-8069 (hospitals), 8071- 8072 (medical and dental laboratories), and 8092-8099 (miscellaneous health and allied services, not elsewhere classified). The applicant further indicates that sufficient parking is in place to support the proposed use. Section 3.2 of the PUD, Development Emphasis, states, in part: "The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan..." As per the Future Land Use Map (FLUM), an element of the GMP,the subject property is located within the Livingston/Pine Ridge Commercial Infill Subdistrict (L/PRCIS). The GMP states that"general and medical office uses are limited to three stories with a 50 foot maximum height..." within the southeast quadrant of the L/PRCIS, thereby demonstrating that medical offices were contemplated by the GMP. Additionally, staff notes that Section 3.3 a., Permitted Uses, fails to list SICs 8011-8049 (Offices and Clinics of Doctors of Medicine) as allowable uses within the Health Services category. The LDC uses a hierarchical method and first recognizes all such offices and clinics as permitted uses within the C-1 zoning classification. Lastly, staff concurs that the Marquesa Plaza was developed ZVL(CUD)-PL20150000328 Page 3 of 5 Baldridge PUD in conjunction with an approved Site Development Plan(SDP-2003-AR-3791, as amended) which clearly demonstrates that the site was developed with substantial excess parking; however, such evaluations are typically performed at the time of Zoning Certificate application and issuance. Staff research reveals that the Board of Zoning Appeals has previously determined that a dental office/clinic(SIC 8021)was an allowable use within the Baldridge PUD by means of the previously recognized formal process; said determination was recorded as Resolution No. 2012-33,adopted on February 28,2012. The Planning Manager has reviewed and evaluated the subject request and found,by means of a ZVL (Attached), that a chiropractic office/clinic (SIC 8041) is comparable and compatible to the other permitted uses within the commercial component of the Baldridge PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201500000328 on April 9,2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of Offices and Clinics of Chiropractors (SIC 8041), is comparable and compatible to other permitted uses in Commercial Area of the Baldridge PUD. Attachments: A. Zoning Verification Letter. B. Baldridge PUD C. Resolution No.: 2012-33 D. Application ZVL(CUD)-PL20150000328 Page 4 of 5 Baldridge PUD PREPARED BY: (>7.--Z dr{ JO/FIN A. KELLY, PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: .44 RAYM D V. BELLO S. PLANNING MANAGER DATE ZONIN SERVICES SECTION APPROVED BY: 4727, q- � i MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150000328 Page 5 of 5 Baldridge PUD 'o ier Z of u'tty Growth Management Division Planning & Zoning Department Zoning Services February 19, 2015 Forsyth&Brugger,PA, _ c/o: John N.Bragger 600 511 Avenue South, Suite 207 Naples,Florida 34102 Re: Zoning Verification Letter ZVL-PL20150000328; Zoning Verification Letter — Comparable Use Determination for Marquesa Plaza, Building 600-B, Units 13 & 14; located at 13020 Livingston Road in Section 18, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio: 00287480003. Dear Mr.Bragger: This letter is in response to a Comparable Use Determination (CUD) Application dated February 10, 2015, that was submitted by you on the behalf of your client, Livingston and Pine Ridge, LLC. Said application was accompanied by a cover letter including justification for said request and three exhibits: Exhibit A — Copy of Ordinance 07-33, as amended; Exhibit B — Copy of SIC Groups 801 — 809 (classifications 8011-8099);Exhibit C—Marquesa Plaza site/concept plan; and Exhibit D—Current tenant list with required parking tabulation You have specifically requested a determination from the Planning Manager and affirmation from the Office of the Hearing Examiner that the use of a chiropractic office, SIC 8041, is comparable and compatible with the permitted uses in the Baldridge Planned Unit Development(PUD). As per the Official Zoning Atlas, said property is located within the Baldridge PUD, as established by Ordinance No. 02-55, as amended. As per the PUD's Master Plan, the subject location is within an area dedicated "Shopping Center" which corresponds to Section III of the PUD, the Commercial Areas Plan; permitted uses are listed within Section 3.3.a. Staff has established that Offices and Clinics of Chiropractors (SIC 8041) has been excluded from the listing of permitted uses; however, listed use #33 states, in part: Any other general commercial use,which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD..." As part of your justification for a CUD you explain that PUD Section 3.3, Uses Permitted, states, in part: "The project will develop with uses that are consistent with C-1 through C-4 uses as contained within the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000 square feet." You also note that the PUD allows numerous uses within the Health Services Group of the SIC, including the following classifications: 8051-8059, 8062-8069, 8071, 8072, 8092-8099. You go on to explain that the subject request is being pursued to allow for a+/-3,200 square foot chiropractic clinic which will be used for the primary purpose of providing chiropractic services,therapies,massage therapy, acupuncture,physical therapy and rehabilitations services common to a chiropractic practice. Planning&Zoning Department•2800 North Horseshoe Drive• Naples,FL 34104•239-252-2400•www.colliergov.net Zoning Verification Letter ZVL-PL20150000328 Page 2 of 2 Zoning Services Staff notes that the LDC uses a hierarchical method and that a chiropractic clinic (SIC 8041) is first recognized as a permitted use in the Commercial Professional and General Office District (C-1). Research reveals that the Board of Zoning Appeals has previously determined that a dental office (SIC 8021) was an allowable use within the Baldridge PUD by means of previously recognized formal process; said determination was recorded as Resolution No. 2012-33, adopted on February 28, 2012. During the review of that project, PL20110002649, it was established that the PUD does not contain a "purpose and intent statement", but Section 3.2, Development Emphasis, states that "the property is permitted a full array of commercial uses is indicated iu the Growth ManagemerePian:' As per the Future Land Use Map (FLUM) the subject property is located within the Livingston/Pine Ridge Commercial Tnfill Subdistrict (L/PRCIS). The GMP states that within the southeast quadrant of the L/PRCIS "general and medical office uses are limited to three stories with a 50 foot maximum height..." The Planning Manager has reviewed and evaluated your request,taking the above facts and circumstances into consideration, and finds that a chiropractic clinic (SIC 8041) is comparable and compatible to the other permitted uses within the Commercial Area of the PUD. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents 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 LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-5719 or e-mail: johnkelly @colliergov.net. Researched and prepared by: Reviewed by: J A.Kelly,Planner Ra d Bellows,Planning Manager Planning&Zoning Department Planning&Zoning Department Zoning Services Zoning Services Attachments cc: GMD—Front Desk Planner GMD—Addressing Department -a W; 9513N y �1 UNNGSTON ROAD /� FA $ �_ 5 Z A' § O 5 r ]ROC]C \ r % I 605 2 X M �� $ m S v, V) g \ — LSx: D m x x :± ^ r s z x 3 i s E.e.Ti p° m , $ � — NON-ST 4.w D S cC _t_..6 ' —K 3.2 ST m '< x ni G —c— S m Y a s—z n 1 F- y mill o u A S P1 — ° g 7: ., x60 in A y RYNwoaD WAY i Q -< - a 2 8t4444:44 4seeets TRACT C 0011919967109 ZONING NOTES L AREA P-,(D.L) -I 16 r J GOOD GARIN DRIVE 1 1 R- -93C I_ Pu-e1-ISO - Pu-51-ISO CXe1110 ]-2]-62 1',a 11-86-11C y �—� sl o Oa-a 9l 5 J� -J0-91 R-90-25 91-35 _ A9 ^ 8 9-70-91 Pu-90-17 91-258 . > B 0C-91 u 1/ •1.10 3-17-94 v 9-1 9.- 2-1]-95 Cu-95-17 95-993 ®8�®® © 1 KRAFT N ROAD '1 152 It9 ,0-5-96 PLO-81-18(2) 96-61 117 12 1]-96 R-96-12 96-85 ©®" 29 M i 16 •-aae R-9]-1 ae) ��®� A-n x gz 115 -10-96 1-97-10 (0 a-l1 116 •-•6-99 0-66-11 96 96-31 72 (A 1 '1 �p C ''9 17 J-t4-00 PuO-98-E0 8 11 M' e . -R^p- �-1-. 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L - g m ; 's,..., 265 4 _S A Z fTl P I n Z 7 7° f v N O 0 S §— m 0 01 p Z m v -i D O1 1.0 CO Z LO Z oa O O co 07 0 N .Z7 GGE25 Z A— i 0 N > Co11ie-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Zoning Verification Letter - Comparable Use Determination WC sections 2.03.00 A, 10.02.061 & Code of Laws section 2-83–2-90 13020 Livingston Road PROJECT NUMBER ZVL CUD - PL20150000328 PROJECT NAME Date: 2-11-2015 DATE PROCESSED Due: 3-11-2015 PUD Zoning District — Straight Zoning District APPLICANT CONTACT INFORMATION 1 Name of Applicant(s): Livingston and Pine Ridge, LLC, a Fl limited liability company Address: 1427 Clarkview Rd, #500 City: Baltimore State: MD ZIP: 21209 Telephone: 443-921-4347 Cell: _ Fax: 443-921-4447 E-Mail Address: kokeefe @crcrealty.com Name of Agent: John N. Brugger Firm: Forsyth & Brugger, P. A. Address: 600 5th Ave. S., Ste. 207 city: Naples _State: FL ZIP: 34102 Telephone: 239-263-6000 Cell: 239-572-1733 _ Fax: 239-263-6757 E-Mail Address: jbrugger @forsythbrugger.com PROPERTY INFORMATION Site Address: 13020 Livingston Road Folio Number: 00287480003 Property Owners Name: Livingston and Pine Ridge, LLC DETERMINATION REQUEST I The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "1 request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of Chiropractor ORiceSIC 8041 is comparable and compatible with the permitted uses in the Baidridge PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 County Goer COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL-f2EQUIREMEUTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County © © ❑ website) Determination request and the justification for the use © © ❑ PUD Ordinance and Development Commitment information El El Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all 0 0 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional_copies required. FEE REQUIREMENTS: Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation pusi ss Center G RS Nil(4►2QUES A MAi 0 N6rt orseshoe Drive Naples, FL 34104 c 0\ S Appnt Signature` Date Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 9/25/2014 Page 2 of 2 FORSYTH & BR UGGER, P.A. Attorneys at Law John N.Brugger* 600 Fifth Avenue South;Suite 207 Master of Laws in Taxation Naples,FL 34102 John N.Bragger IIIt Phone:(239)263-6000 Master of Laws in Taxation Fax:(239)263-6757 *Also Admitted in Michigan f_ Emailprugger@forsythbrugger.com tAlso Admitted in Kentucky John F.Forsyth 1921—2000 February 10, 2015 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples,FL 34104 Re: Zoning Application Letter-Comparable Use Determination for Baldridge PUD Operating as Marqueza Plaza Ladies and Gentlemen: Baldridge PUD,operating as Marqueza Plaza,is a 115,235 Square Foot Commercial Plaza located at the southeast corner of the intersection of Livingston Road and Pine Ridge Road in Collier County, Florida(the"Plaza"). The current owner,Livingston and Pine Ridge,LLC, acquired the Plaza subject to the Baldridge PUD adopted as Ordinance No. 02-55,as amended by Ordinance 07-33 (the"PUD"or"Ordinance"), copies attached as Exhibit A. Uses Permitted under the PUD state"The Project will develop with uses that are consistent with C-1 through C-4 uses as contained in the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000 square feet. The Uses Permitted then proceeds to enumerate the designated Standard Industrial Classification ("SIC")codes which are permitted under the terms of the Ordinance. Under the terms of the Ordinance,Permitted Use#33 states: "Any other general commercial use, which is comparable in nature with the foregoing uses,including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. Submitted simultaneously herewith is an Zoning Verification Letter—Comparable Use Determination requesting a determination from the Planning Manager and approval from the Office of the Hearing Examiner that a Chiropractic Office with an SIC code of 8041,which is in the Health Services Group of the SIC code, is comparable and compatible with the permitted uses in the Baldridge PUD. The PUD permits numerous uses within the Health Services Group of the SIC Code,including the following codes: (Groups 8051-8059, 8062-8069, 8071, 9072, 8092-8099). Attached as Exhibit B, is a print out of the Health Services Group SIC codes which indicate that approved SIC Code 8062-8069 includes use as a General Medical and Surgical Hospital. Further,the PUD specifically includes SIC code 0742,veterinary services. The current C-2 Zoning Classification specifically permits Health Services, offices and clinics(8011- 8049)meeting the requirements of Permit Use#33 in the PUD. The chiropractic clinic will be used for the primary purpose of chiropractic services,therapies, massage therapy, acupuncture,physical therapy and rehabilitations services common to a chiropractic practice. The premises which would be let to the chiropractic office is comprised of approximately 3,200 square feet requiring 16 parking spaces under the terms of the current Collier County Land Development Code. Exhibit C attached hereto shows the location of the proposed office within the Plaza. Attached hereto as Exhibit D is a calculation of the current allocation of parking spaces in the Plaza as required by the Collier County Land Development Code. This calculation shows that the Plaza has 64 parking spaces that are not required to be allocated to any existing use. These 64 spaces are more than sufficient to meet the requirement of 16 parking spaces required for operation of a chiropractic clinic. We respectfully request that SIC 8041 be approved as a comparable use approved within the Baldridge PUD. cerely, I, John N. : gger AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Z L - PL201soC)CD� Z� So I-1 N _ t rL'),c)c) e r Q ecicct uec� PS-c-S .% —r (print name), as (title, if applicable) of CRS Mcar9OCSo- rv\csncc.ycr, t_A..G (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant(E(contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize 3i 1.‘�-`- t,3 $3 -'99C'.r- to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. .-. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties • •- • ry, I declare that I have read the foregoing Affidavit of Authorization and that the facts stat:: in it are t e. • 3Itgjzcy , � S's nature Date STATE OF FLORIDA COUNTY OF COLLIER • The foregoing instrument was sworn to (or affirmed) and subscribed before me of i f (date) by c. r N - vi (P Y ,-me of person provid ng o h or affirmation), as o is personally known to me or who has produced (type of identification) as identificatio'PF it sTAMP/SE,au Signature of Notary -'•lic """"�a MARIA ROSE MY COMMISSION#FF012937 EXPIRES:July 18,2017 ' Bonded Thru Notary Publx Underwriters CP\08-COA-00115\155 REV 3/24/14 RESOLUTION OF LIMITED LIABILITY COMPANY The undersigned,Vice President of CRS MARQUESA MANAGER,LLC,a Florida limited -- - IaJi rty company(the" i,rirpany"), iv _, .ji:it Cl... :is =-27-Cifiktiif;W Road,Suite 500-,. " - -- -Baltimore,MD 21209 states that the following resolution was adopted by the Company on February 2,2015. RESOLVED: That the following person(s): Name(Print of Type) Title John N. Brugger Special Vice President is hereby appointed as a Special Vice President of the Company(as Manager of Livingston and Pine Ridge,LLC, a Florida limited liability company)on behalf of and in the name of the Company to apply for and obtain a Zoning Verification Letter,Comparable Use Determination for Units 13 and 14 as identified on the drawing attached hereto as Exhibit A, for use as a chiropractic office. 6 Gene .Park ,Jr. Vice President 1 _,69,017 72,,„ir `` `` r , /� , a R ”� '-� ORDINANCE 3 3 NO.07- 3 3 ro Ord, t 0� c AN ORDINANCE OF THE BOARD OF COUNTY 11 � rti COMMISSIONERS OF COLLIER COUNTY, 'v FLORIDA AMENDING ORDINANCE NUMBER �824esz5zifr• 02-55, THE BALDRIDGE PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR AN AMENDMENT TO CORRECT A SCRIVENER'S ERROR AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Collier County Board of Commissioners adopted Ordinance No. 02-55,on November 5,2002,and; WHEREAS, following said action adopting Ordinance No. 02-55 ptaffG determined that t h e Baldridge PUD Document transmitted to the Department of S1 t :dicL —fl not contain a provision that was otherwise intended and made a part of the public 4trasine `,Li and therefore constitutes a scrivener's error. o ' :,i; .. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CaUNTT'.> COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE:SCRIVENER'S ERROR AMENDMENT TO ORDINANCE: Paragraph 3.3.a. entitled "Permitted Uses" of Ordinance Number 02-55, the Baldridge PUD,is hereby amended to read as follows: a. Permitted Uses * * * * 22. Non-depository credit institutions (groups 6111-6163) and depository institutions,limited to commercial banks,(group 6021). SECTION TWO:EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by a majority vote of the Board of County Commissioners of Collier County,Florida,this .277 day of`Yv1/4-- -� ,2007. ATTE$T x BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK;:£LERK COLLIER COUNTY,FLORIDA .. a. ... .....:. wacy.cic_", i '�clark . • J S COtE'P1 �,CHA t' 5iilnatut p r ved as to Form and Legal Sufficiency: This ordinance filed with the Sec�r�t ary of State's Office the Z""May of s O M. de �_�. and acknowledgement o that Marj.:l M.Student-Stirling fili _i this _a._ day Assistant County Attorney of ' 'r Z'cc . , SE-2007-AR-11284/KD/sp Cteric Words stritek-thfeugh are deleted;words underline are added. Page 1 of 1 COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2007-33 Which was adopted by the Board of County Commissioners on the 27th day of March, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of February, 2007 . DWIGHT E. BROCK Clerk of Courts' arid. ,lerk Ex-officio to Boax-d of County Commis:si thers • =y: Teresa Polaski, Deputy Clerk . ORDINANCE NO. 5 5 r,; ..` Q . AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 Li a _ me \ �� THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH _ 4 0 L tj INCLUDES THE COMPREHENSIVE ZONING REGULATIONS 1_o :5-� $ V FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, _J i:, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP - r:, � *i e S+ NUMBERED 9618N BY CHANGING THE ZONING �l CLASSIFICATION OF- THE HEREIN DESt RMED REAL- =_ -` .1149ZfigyV PROPERTY FROM "A" AND "A-ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BALDRIDGE PUD LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 16.8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Bruce Anderson, of Young, vanAssenderp, Vamadoe and Anderson, PA, representing Baldridge Development Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Section 18, /—. Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural and "A-ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number 91-102,the Collier County Land Development Code,is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 5th day of November ,2002. ^9'E al' ; '' BOARD OF COUNTY OMMISSIONERS �'� COLLIER el ' 0,44%r, (-, .I'/ •. A412.,` BY: �,� JAMES N.COLETTA,CHAIRMAN . . DWIGIIt.,.BRO ,CLERK A iit•la= to Chairman's $1 gu e atassttb'li'orm A prov and Legal Sufficiency This ordinance filed with the get_- ary of State's Office the e day of + r Zm �y� and acknowledgement of that e r l. 1 Lit=day Marjorie Student filin received this L of t, D Assistant County Attorney By oevury eler BALDRIDGE A PLANNED UNIT DEVELOPMENT Regulations and supporting Master Plan governing the Baldridge PUD, a Planned Unit Development pursuant to provisions of the Collier County Land Development Code PREPARED FOR: Kenneth R. Baldridge C. Allen Kann PREPARED BY: Tim Hancock, AICP VanasseDaylor 3001 Tamiami Trail North, Suite 206 Naples, FL 34103 941.403.0223 R. Bruce Anderson, Esq. Young, van Assenderp, Varnadoe &Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941.597.2814 May 20, 2002 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: 11/05/02 ORDINANCE NUMBER: 2002-55 AMENDMENTS AND REPEAL: EXHIBIT "A" TABLE OF CONTENTS List of Exhibits and Tables �. _._ Statement=of Section I Legal Description, Property Ownership And General Description 1 Section II Project Development 2 Section III Commercial Areas Plan 4 Section IV General Development Commitments 7 LIST OF EXHIBITS AND TABLES EXHIBIT B: Boundary Survey EXHIBIT C: Conceptual Water Management Plan EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section STATEMENT OF COMPLIANCE AND SHORT TITLE The Baldridge Planned Unit Development (PUD) consists of ± 16.8 acres of land situated at the Southeast corner of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida, and designated as the Livingston / Pine Ridge Commercial Inf ill Subdistrict in the Collier County Growth Management Han. _ = 1. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the County's Growth Management Plan. 2. The Project includes retail and office uses consistent with the Livingston/Pine Ridge Commercial Infill Subdistrict of the Collier County Growth Management Plan and the Collier County Land Development Code. 3. The Project location, immediately Southeast of the intersection of Livingston Road and Pine Ridge Road, will allow access to Livingston Road and Pine Ridge Road, as well as, providing a connector road to improve emergency access to and from Livingston Road. In addition, the PUD Master Plan identifies a reservation of right-of-way for a future east/west road. 4. The Project will be served by and approved by the Collier County Utilities Division. 5. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. �-. 6. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. SHORT TITLE This Ordinance shall be known and cited as the"Baldridge Planned Unit Development Ordinance". • ii. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE . -T-he purpose of'this-Section--1s to set-form-the location arty owtic%ship Of the pr rty -anti—ro describe the existing conditions of the property to be developed under the project name of the "Baldridge PUD." 1.2 LEGAL DESCRIPTION The subject property being ± 16.8 acres, is described as: LEGAL DESCRIPTION THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA less parcel 111 described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page 3063 and Parcel 811A described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page 3065 for road rights-of-way. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Pine Ridge Golf Center 3350 Pine Ridge Road Naples, Florida 34109 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 18, Township 49 South, Range 26 East, immediately south and east of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Ordinance was"A" Rural Agricultural. 1.5 PHYSICAL DESCRIPTION The proposed site consists of ± 16.8 acres, and is proposed to utilize a dry detention swale for water quality storage and a combination of detention areas and on-site preserve areas for water quantity storage. The control elevation is proposed as 12.0 feet NGVD. The Project falls within the 1-75 Canal Basin with a restricted allowable discharge of 0.06 CFS per acre per Collier county Ordinance 90-10 requirements.The project is located outside of FEMA mapping limits. 1.6 PROJECT DESCRIPTION The Project will consist of+1-15 acres of commercial and/or professional office development. The site plan has been configured to take advantage of the location and to maintain market flexibility for future development. The plan allows for either a single use development or multiple uses on the property. 1 SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE - -_The_purpose ,of. this._Section is to delineate and generally describe_ the Project plan-,of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL a. Regulations for development of the Baldridge PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of approval of a preliminary subdivision plat, site development plan, or building permit, as applicable. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. c. All conditions imposed and all graphic material presented depicting restrictions for the development of the Baldridge PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. e. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities. f. The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Development Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A," PUD Master Plan. The PUD Master Plan also illustrates necessary water management lakes or detention areas and the general configuration of street rights-of-way. The Project will contain a maximum of 125,000 square feet of retail and/or office development. 2 PRESERVE AREA ±1.8 acres RIGHT-OF-WAY/COMMON AREAS ±2.3 acres COMMERCIAL AND RETAIL AREAS ±10.8 acres OPEN SPACE AND WATER MANAGEMENT AREAS ± 1.3 acres 60' RESERVATION OF ROW ± 0.6 acres TOTAL: ± 16.8 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS a. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. b. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. c. The provisions of Division 3.3 of the Collier County Land Development Code, when appl cable, shall apply to the development of all platted tracts or parcels of land, as provided in said Division, prior to the issuance of a building permit or other development order. d. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN Amendments may be made to the PUD and PUD Master Plan in accordance with Section 2.7.3.5 of the Collier County Land Development Code. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 3 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of commercial uses and development standards tliaf`will be applied to the areas so designated`as '`t::"' Commercial on `f!ie PU'D 1Vlaste-I Plan (Exhibit"A".) 3.2 DEVELOPMENT EMPHASIS The Project is bordered by Livingston Road on the west, and the northern property line borders Pine Ridge Road. The subject property is permitted a full array of commercial uses as indicated in the Growth Management Plan, and as such, this Document and the uses contained herein, are consistent with the Collier County Growth Management Plan. 3.3 USES PERMITTED The Project will develop with uses that are consistent with C-1 through C-4 uses as contained in the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed 125,000 square feet. More specifically, no building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Amusements and recreation services, indoor (groups 7911-7929, 7991-7993,7997); group 7999 uses are not permitted except for golf professionals, gymnastics instruction, judo instruction, karate instruction, tennis professionals, and yoga instruction). 2. Automotive dealers and gasoline service stations (groups 5531, 5541 with services and repairs as described in section 2.6.28). 3. Apparel and accessory stores (groups 5611-5699). 4. Auto and home supply stores (5531). 5. Automotive repair, services, parking(groups 7514, 7515,7521) 6. Building materials, hardware and garden supplies(groups 5231-5261). 7. Business services (groups 7311-7352, 7361-7397 except armored car, dog rental and labor pools, 7384, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial printing (2752, excluding daily newspapers). 9. Communications (groups 4812-4841) except communication towers. 10. Eating establishments (5812). 11. Engineering, accounting, research, management and related services (groups 8711- B748). 12. Food stores (groups 5411-5499). 13. Fueling locations without convenience commercial uses, only when located with another permitted use. No diesel fuel sales. 14. General merchandise stores (groups 5311-5399). 15. Glass and glazing work (1793). 16. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to state statute 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch. 4-193 F.A.C.; all subject to Section 2.6.26 of the Land Development Code. 17. Health services (groups 8051-8059, 8062-8069, 8071, 8072, 8092-8099). 4 18. Home furniture, furnishing and equipment stores (groups 5712-5736). 19. Hotels and motels (groups 7011, 7021). 20. Miscellaneous repair services (groups 7629-7631). 21. Miscellaneous retail (groups 5912-5963, except pawn shops and second hand clothing stores; 5992-5999). 22. Non depository cr'dit institutions (groups 6111-6163). 23. Faint, glass aria wa��ar strr�s'� 1�-- - - _ - 24. Personal services (groups 7212, 7215-7217, 7219, 7221-7251, 7261 except crematories, 7291-7299 except tattoo parlors and escort services). 25. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611- 9661). 26. Retail nurseries, lawn and garden supply stores (5261). 27. Real estate (group 6512). 28. Social services (groups 8322-8399, except for homeless shelters and soup kitchens). 29. Veterinary services (groups 0742, 0752 excluding outside kenneling). 30. Videotape rental (7841). 31. Vocational schools (groups 8243-8299). 32. United States Postal Service (4311 except major distribution centers). 33. Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. b. Accessory Uses 1. Uses and structures that are accessory and incidental to the uses permitted as of right in this District. 2. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS a. Minimum Lot Area: 10,000 square feet. b. Minimum lot width: 100 feet. c. Minimum Yard Requirements: 1. Along Pine Ridge Road: 25 feet. 2. Along Livingston Road: 25 feet. 3. Along South property line: 50 feet. 4. Along Eastern property line: 25 feet. d. Minimum Yards (internal): 1. Front yard: 15 feet. 2. Side Yard: 10 feet 3. Rear Yard: 20 feet. 4. Waterfront: 25 feet. e. Maximum height: Building height is limited to one story with a 35-foot maximum for all retail and general commercial uses. General and medical office uses are limited to three stories with a 40-foot maximum height. f. Minimum floor area: 700 square feet gross floor area on ground floor. 5 g. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. The parking requirements shall be calculated over the entire site so that, each free-standing use shall not be required to provide 100% of the Land Development Code's minimum parking on its site, provided the total parking for the Project meets or exceeds the minimum parking required for the combined land uses. h. Landscaping: As required in Division 2.4 of the Collier County Land Development Code. Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. j. Signs: 1. Out-parcels shall be permitted one pole or two ground signs in accordance with Section 2.5.5.2.1.1. of the Land Development Code provided each developable parcel has a minimum of 125 feet of frontage on Pine Ridge Road or Livingston Road. In no event shall more than three out-parcel signs be permitted along Pine Ridge Road. 2. All other project signage will comply with Division 2.5 of the Collier County Land Development Code. k. Architectural and site design standards. All buildings and projects shall be subject to the provisions of Division 2.8 of the Land Development Code. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction of buildings ur infrastructure. If a surplus of earthen material exists, then its off-site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 6 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purposeoLtti.s Serttipu Is to.set forth the development commitments forte development ._the Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with approved Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The Developer, his successor or assigns, shall follow the Master Plan and the regulations of the PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the Developer is bound by commitments within this Document. 4.3 PUD MASTER PLAN a. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land-use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. b. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION a. The Project is proposed to start construction of infrastructure in the Fall of 2002. Should the Project not develop in a single phase, the absorption of the entire Project is based upon a mix of office and retail uses and is estimated to take seven to ten years. b. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. c. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. d. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS a. Section 3.2.8.4.16.5 of the Land Development Code Street right-of way: Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a right-of- way width of 50 feet. Pavement width shall be a minimum of 24 feet for two-way traffic. 7 b. Section 3.5.7.1.2 of the Land Development Code Internal roads that run parallel to water management lakes or detention areas shall be located a minimum of 20 feet from the top of bank or control elevation, whichever is greater. c. Section 3.2.8.3.17 of the Land Development Code In the event of multiple lots within the development, sidewalks will be provided on one side of it nal roadways if! ordertoprovid pede strian access to and from out-parch< `- 4.6 TRANSPORTATION a. All traffic control devices used must be in accordance with the Standards adopted by the Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. b. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. c. External and internal improvements determined by Collier County staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Said improvements will be in place prior to the issuance of the first Certificate of Occupancy. d. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01-13, as amended. e. All median openings and driveway locations must be in accordance with the Land Development Code (LDC), and Access Management Policy, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close all median openings that have been determined by Collier County Staff to have an adverse effect relevant to operational circulation, safety conditions, or concerns. f. Nothing in any development order will vest the right of access over and above a right in/ right out condition. Neither will the existence, or lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assigns. g. Interconnection(s) may be required by Collier County Staff, as a condition of site development plan approval. h. The Developer shall be responsible for the cost of a traffic signal system at any development entrance(s), if a traffic signal system is ever determined to be warranted and approved by the County. If warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it will be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Staff. j. When ingress and egress improvements are determined necessary, right-of-way and compensating right-of-way will be provided for and in conjunction with said improvements. k. All work within Collier County right-of-way will meet the requirements of Collier County - Ordinance No. 93-64. All internal access ways, drive aisles and roadways, not located within County right-of- way will be privately maintained by an entity created by the Developer, its successor in title, or assigns. 8 m. The points of ingress and/or egress via Pine Ridge Road will be limited to two locations on the north side of the PUD. The westernmost location shall be limited to a single point of ingress only (a west approach protected right turn lane). The easternmost location is limited to a west-approach protected right-turn lane, an east-approach protected directional left-turn lane, and a south-approach right-turn-only lane from the site. Due to the limited frontage of the Project, no other access points will be permitted from and onto Pine Ridge Road. rC A°a;.ct;ss'uiltF3 L.ii/li7g$'tt7r1 Road shall be lira?!t'ed=t3-tt siiltJ3t'' puirrt°df ingreas-ar��er��e$�'°3��a�- �_.�.�,..---y,•,4= the southwest corner of the property (full median opening with a south-approach protected right-turn lane, north-approach protected left-turn lane, and east-approach left- turn and right-turn lanes from the site). Upon review and approval by the Transportation Services Administrator of a warrant-study prepared by the Developer for a traffic signal at the Livingston Road access, an additional Livingston Road point of egress shall be permitted near the northwest corner of the property (right-turn-only from the site). The Developer may submit a study, for the review and approval of the Transportation Services Director, demonstrating that the 860-foot protected right-turn lane onto Livingston Road is not needed and may be reconfigured into two protected right-turn lanes (one protected right-turn lane for Livingston Road at Pine Ridge Road and one protected right-turn lane near the northernmost egress point from the site). o. If at any time, the northernmost egress point onto Livingston Road is determined to be unsafe by the Transportation Services Director, the County shall require the Developer to close the point of access to ensure the public safety. Each annual PUD Monitoring Report shall include a detailed Crash Data Report for operational conditions for the northernmost access point on Livingston Road. p. The 60-foot east-west right-of-way depicted on the Master Plan shall be conveyed to Collier County without further compensation at a time determined by the Transportation Services Administrator. 4,7 WATER MANAGEMENT a. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this Project shall be designed for a storm event of 3-day duration and 25-year return frequency and shall be reviewed and permitted by the SFWMD unless dedicated to Collier County by SFWMD. 4.8 UTILITIES a. County water service is available via a 12" water main located along Pine Ridge Road. The Developer is responsible to tap the main to provide both potable water and fire fighting capability to the site. b. County sewer service is available via an 8" force main located along Pine Ridge Road. The Developer is responsible for providing the necessary connections to supply the site with County sewer service. c. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. 4.9 ENGINEERING a. If the property is subdivided into three or more parcels, a plat shall be required. b. Work within the Collier County right-of-way shall meet the requirements of Collier County — Right-Of -Way Ordinance No. 93-64, as amended. 9 4.10 ENVIRONMENTAL a. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum of 15 percent of the pre-development native vegetation shall be retained onsite or revegetated in accordance with said Section 3.9.5.5.4,totaling 1.85 acres. b. An exotic vegetation, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning • Section Staff for review and approval prior to final site plan/construction plan approval. 4.11 LANDSCAPING FOR OFF-STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 10 _ / Q\ O aJ, z �. O ; (:::/ ' U O \= N c II `' O , `s.)0, In O r We43 N '° Z 0 Q - - - R 1 V) I _ L , 'f i II I1 O O I N V°3 r - / /�� _ 1`O - I 1 I �l Cm , M 9 I I U W 9 a a r I I I I I c- m w 1 1I I re °^Q aQaQ a I I m w i, ,, -,-... Q i \ , , , ,.. 1 ,„) i.„ , U) W N b a� II I IIJ • t3 _, j $( I b ca in nw p e �I 1 II °s J . �j es :: tv1 ∎ . ` II 1 II A " 44. 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EL. 0.5 7.5' PLANTING ∎ 16' CONTROL ELEV. STRIP • .5.0 20' L.L.E. / I 4' 4 (-11.0 (MAXIMUM SLOPES SHOWN) I 12' (MAX) I LITTORAL PLANTING 2 TYPICAL LAKE SECTION N.T.S me r • ": & DA •R. f.• PIIIIMa 1We 01-18-01 13730 New Brittany. Suit. 600 BALG1iI0GE DEVELOPMENT,PiC DETAIL SHEET you 111 Fort l o.ra. ►1_ 33907 11906 IMACHE37ER R6►ll/709 40150-SP \ 1 . Phoa~(941) 437-4601 n FIJI moo 6r, �, hr. (94t) 437-4676 ay! Ytr WAS 6-91411• •dminOe.nd■ atom MTS 01-18-01 _ Sheet No.1 of 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of : ORDINANCE NO. 2002-55 Which was adopted by the Board of County Commissioners on the 5th day of November, 2002 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of November, 2002 . DWIGHT E. BROCK ;'A,Nfa,'...... .r`,• Clerk of Courts anc ,c� ` r: AY _ Ex-officio to Boarct' o(Y.� • - County Commissiones • k By: Ellie Hoffman, Deputy Clerk q\d/\_ 1 , (I Industry Group 801: Offices And Clinics Of Doctors Of Medicine • 8011 Offices and Clinics of Doctors of Medicine Industry Group 802: Offices And Clinics Of Dentists • 8021 Offices and Clinics of Dentists Industry Group 803: Offices And Clinics Of Doctors Of Osteopathy • 80-3f Offas and Clinics off Docta'rs of`Os eouzh:.Y Industry Group 804: Offices And Clinics Of Other Health Practitioners • 8041 Offices and Clinics of Chiropractors • 8042 Offices and Clinics of Optometrists • 8043 Offices and Clinics of Podiatrists • 8049 Offices and Clinics of Health Practitioners, Not Elsewhere Classified Industry Group 805: Nursing And Personal Care Facilities • 8051 Skilled Nursing Care Facilities • 8052 Intermediate Care Facilities • 8059 Nursing and Personal Care Facilities, Not Elsewhere Classified Industry Group 806: Hospitals • 8062 General Medical and Surgical Hospitals • 8063 Psychiatric Hospitals • 8069 Specialty Hospitals, Except Psychiatric Industry Group 807: Medical And Dental Laboratories • 8071 Medical Laboratories • 8072 Dental Laboratories Industry Group 808: Home Health Care Services • 8082 Home Health Care Services Industry Group 809: Miscellaneous Health And Allied Services, Not • 8092 Kidney Dialysis Centers • 8093 Specialty Outpatient Facilities, Not Elsewhere Classified • 8099 Health and Allied Services, Not Elsewhere Classified k \ I PINE RIDGE ROAD —--- _ _ 2 ----- ' ----.,\ ./-.-Lk„.......,?.-w.....--- . - Hi I I I <= e• ,,,„--.\ '''''': ..s A - I r 1 kr -I. • III L'.4-1 4-- , 1 11 - 111°1 f . — 1 i_ R it I --I 0 (' ., C1+1-19+00 E I r --,--,--.1 , - r - sr, 1, L-1M-1--II in . 13 CIETTMTO 7- N n-- ,.. , , z , I . , sf„.2 '.--_,, _ ELTH4+.2 4__ T -To : , • [ L,__- T.- 1 .., IA ri , -T- . ■••,. T fig — ___y__H tJI cF, ...../ C- . - :;'' =c z. ,:. 1 _J2 , ,22 . _ _ .1%, 5 - d=-1; ii__.,,__ —LILlill____ I = VITIT11-1111-11-1-11-1-_} c 7-1 77,02 E • " --tri — -g AWA26 _ .4 .,.-- , . .1,, r,•L.4 'or -I 0'—•,^ -v-7-Zti E.. - C iir ....:- (S 4 ; ......*,-1•• c:,- DJ - .-;-t` i ;a" L•',11 ' 1 . " ----11,'-,3;3 c:8°°'°,t.•.•7 r. r,'-g ..,.....s...,-. °'°°'°,I;-•-,t, - C 4. •-••-•- [ .1 1 i r-21 5 2 A!11A 1 , I I 1 I g • 0 ; tial 51'""[Ei:AFfili Hi li—WiftEMMIF iVf e 4 ; 1-,1-1 m.r..,p 7fr-1,i'w,L.v. =_q* ari6"7850.40„ arirv., > aag- i C 0 .,atLR4o4 ;1 -xmi Rog. L.-^1.3-gPm;itT-5.4'=' ,I-FE122 i 'ag - r *CI : mil ,.. E .,P .Wg '.to... ... 1. 6 ' -. .o$ E -• akZ OmE 31 . rl = Oa ti 11:411IIIAVit4,§n§i: til rinrrnj'AiirgitE. 8 l';`,;§* g • , T Vi . _._b.__-.)(\iA '\-' \-- --\--.PROJECT: Marquesa Plaza Prepared by:RWA,Inc ..."1 Collier County,FL Date:5/20/13 Area Designation Suite Tenant Name Gross SF Type of Use Shopping Center Required Number Parking Rate Per LDC Parking Spaces 3370-1 Starbucks 1,800 Restaurant 1 per 250SF 7 3370-2 Zoom Tan 1520 Retail 1 per 250 SF 6 3370-3 . .. - .Metro PCS _ - .. •_I .: .1,47E:..-_. ,.. ..:,,4etaN-,--- a�1 y::r 250 SF - , :6._ _ _ 3360 First American Bank 16,500 Bank 1 per 250 SF 66 ' 13040-1 Senor Tequila 5,567 Restaurant 1 per 250 SF 22 13040-2 Collier County Democrats 2,030 Office 1 per 250 SF 8 13040-3 Suncoast Dental _ 4,500 Office 1 per 250 SF 18 13040-4 For Footed Friends 1,500 Retail 1 per 250 SF 6 13040-5 Sport Clips 1,500 Salon 1 per 250 SF 6 13040-6 Naples Vet 1,693 Vet Office 1 per 250 SF 7 13040-7 European Nails&Spa 1,693 Salon 1 per 250 SF 7 13040-8 Barrier Reef 1,693 retail 1 per 250 SF 7 13040-9 Reflections Salon 1,693 Salon 1 per 250 SF 7 13040-10 Moravela's Pizza 1,693 Restaurant 1 per 250 SF 7 13040-11 Martin Fierro Restaurant 1,600 Restaurant 1 per 250 SF 6 13040-12 Comast 1,600 Office 1 per 250 SF 6 13040-13 Comast 1,600 Office 1 per 250 SF 6 13040-14 Cecil's Copy Express 1,600 Retail 1 per 250 SF 6 13040-15 Matsumoto Framing 1,600 Retail 1 per 250 SF 6 13040-16 Lolllipops Kids Spa 1,693 Retail 1 per 250 SF 7 13040-17-18 Anytime Fitness 3,386 Fitness 1 per 250 SF 14 13040-19 Naples Aiki Jujitsu 1,693 Fitness 1 per 250 SF 7 13030-1 First Watch 4,543 Restaurant 1 per 250 SF 18 13030-2 Medical Department Store 2,100 Retail 1 per 250 SF 8 13030-3&4 ER Quickcare 2,800 Medical 1 per 250 SF 11 13020-1-3 Hope Adult Daycare 8,656 Adult Daycare 1 per 250 SF 35 13020-4&5 Vacant 6,000 Retail 1 per 250 SF 24 13020-6 Carvel Ice Cream 1,000 Restaurant 1 per 250 SF 4 �� 13020-7 Paw Paw Patch 1,000 Pet grooming 1 per 250 SF 4 13020-8 _ Rx Care Pharmacy 3,000 Pharmacy 1 per 7.50 SF 12 13020-9 _ -^Excel Physical Therapy 2,438 Medical 1 per 250 SF 10 13020-10 VIP Dry Cleaner 2,438 Retail 1 per 250 SF 10 13020-11 Vacant 2,500 Retail 1 per 250 SF 10 13020-12 Uniforms Unlimited 2,375 Retail 1 per 250 SF 10 13020-13 Goodwill 2,375 Retail 1 per 250 SF 10 13020-14 Vacant 2,375 Retail 1 per 250 SF 10 13020-15 Five Guys 2,840 Restaurant 1 per 2S0 SF 11 13020-16 All State 1,912 Office 1 per 250 SF 8 13020-17 My Gym Naples 2,253 Kids Gym 1 per 250 SF 9 13020-18 Tire Choice 5,000 Auto 1 per 250 SF 20 Total SF 115,235 461 Actual Number of Parking Spaces at Marquesa 525 Surplus 64 Per Collier County Section 4.05.04 Parking Requirements: "1 space per 250 square feet for centers with a gross floor area less than 400,000 square feet and not having significant cinemas/theaters (none or those with a total cinema/theater seating capacity of less than 5 seats per 1,000 square feet of the shopping center's gross floor area). No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent." "No more than 20 percent of a shopping center's floor area can be composed of resuarants without providing additional parking for the area over 20 percent" Existing Number of Parking Spaces Per Alta Survey: 525 Current Total SF: 115,235 Existing Restaurant SF: 19,043 �` Current%of Restaurant Space 17% Maximum Allowed SF: 125,000 20%of Max Allowed SF: 25,000 EXECUTIVE SUMMARY PL-2011-2649 Recommendation that the Board of Zoning Appeals approve a proposed land use for a dental office as a permitted use in the Baldridge PUD (Ordinance Number: 02-55). OBJECTIVE: To have the Board of Zoning Appeals (BZA) determine that a dental office is a permitted use in the Baldridge Planned Unit Development (PUD) pursuant to Section 3.3.a.33 of the PUD, which allows for a determination of consistency and compatibility for a commercial use that is comparable in nature with the uses allowed in the PUD. CONSIDERATIONS: The Baldridge PUD was approved on November 5, 2002. The subject PUD allows for a mix of commercial land uses. It is located in the southeast quadrant of the intersection of Pine Ridge Road and Livingston Road. The Marquesa Plaza shopping center has been constructed within the Baldridge PUD. The petitioner submitted a request for a Zoning Verification Letter (ZLTR-PL-2011-2526) to determine if a dental office is a permitted use in the Baldridge PUD. The Standard Industrial Classification (SIC) Code for a dental office is 8021. That SIC Code is not listed in the permitted uses of the Baldridge PUD; therefore, in the ZLTR, the Zoning Manager determined that a dental office is not permitted in the PUD. The Zoning Manager also noted that Section 3.3.a.33 of the PUD permits "any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals" (italics added). Research by Zoning Services determined the following: • A dental office is a permitted use in the General Commercial (C-4) zoning district, and may therefore be considered a"general commercial use"; • Veterinary services (SIC Code 0742), which specifically includes dentistry for animals, is a permitted use in the PUD; therefore, dental offices may be considered "comparable in nature with the foregoing uses"; • The PUD does not contain a "purpose and intent statement", but Section 3.2, Development Emphasis, states that "the property is permitted a full array of commercial uses as indicated in the Growth Management Plan" (GMP); • The GMP states that within the southeast quadrant of the Livingston/Pine Ridge Commercial Infill Subdistrict (in which the Baldridge PUD lies) "general and medical office uses are limited to three stories with a 50-foot maximum height"; therefore, medical offices are clearly allowed by the GMP. Bald ridge PUD 2-28-12 FISCAL IMPACT: The proposed land use for a dental office by and of itself will have no fiscal impact on Collier County. There is also no guarantee that a dental office will be established on the subject site. In addition, if the use is approved, it will be located in an existing shopping center; therefore, the existing land will not have to be developed (beyond an interior remodel)which will-not result:in an impact on Collier County public facilities. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this determination. LEGAL CONSIDERATIONS: This matter has been reviewed by the County Attorney's Office and has been found legally sufficient. An affirmative vote of four commissioners is required for approval. (STW) RECOMMENDATION: That the BZA determine that a dental office (SIC Code 8021) is a permitted use in the Baidridge PUD. PREPARED BY: Fred Reischl, AICP, Senior Planner Department of Land Development Services Attachments: Exhibit"A" -Application and back-up material Exhibit`B" -Resolution Baldridge PUD 2 2-28-12 RESOLUTION NO.2012- 3 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development(PUD); and WHEREAS,on November 5,2002,by Ordinance 2002-55,the Board of County Commissioners of Collier County approved a Planned Unit Development(PUD)known as the Baldridge PUD(Exhibit A)for the subject property;and WHEREAS, the Baldridge PUD does not currently expressly contain the Standard Industrial Classification(SIC)code for dental offices;and WHEREAS, Section 3.3.a of the Baldridge PUD provides for certain permitted uses, including Subsection 3.3.a.33, "Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals";and WHEREAS,the Petitioner requests a determination by the Board of Zoning Appeals that a dental office is a permitted use in the Baldridge PUD according to Section 3.3.a.33 of the PUD;and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Livingston and Pine Ridge, LLC, for the permitted use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that Baldridge PUD/PL2011-2649 Rev. 2/08/12 1 of 2 (1) A dental office is a permitted use in the Baldridge PI TI),according to Section 3.3.a33 of the PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. p This Resolution adopted after motion, second and majority vote, this 2$ day of -- , 2012. .t. All EST: r• f BOARD OF ZONING APPEALS DI, 43JUC :CLERK COLLIER COUNTY, FLORIDA elf ,,( W A By: "`"'- .. h`r , '. ,' , Deputy Clerk FRED W. COYLE, Chairm .. . f-:: , - . .; Apro;ued as`to form and legal'stif iciency: ( n Steven T. Williams Assistant County Attorney Attachment: Exhibit A—Baldridge PUD CPU 1-CPS-0113 5\16 Baldridge PUD/PL2011-2649 Rev. 2/08/12 2 of 2 NAPLES DAILY NEWS (( Friday,April 3,2015 « 19D NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday,April 23,2015,in the.Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104,to consider: PETITION NO. ZVL(CUD)-PL20150000328- Livingston and Pine Ridge, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Chiropractic Clinic (SIC 8041) is comparable and compatible in nature to other permitted uses for Commercial Areas under Section 3.3.a. of the Baldridge PUD, Ordinance No. 02-55, as amended. The subject property is located on the northeast quadrant of Livingston Road and Pine Ridge Road,in Section 18,Township 49 South,Range 26 East,Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. • Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier CountyHeartng Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he 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 to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. • Mark Strain, Chief Hearing Examiner Collier County,Florida Aoril 3.7015 No.2051514 EXHIBIT '-4$ Tt.c., �j�23IIS