Backup Documents 06/24/2014 Item # 8A 8A ,
1
COLLIER COUNTY FLORIDA i
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Adv.,Location,etc.)
Originating Dept/Div: GMD/Planning&zoning Person:Nancy Gundlach Principal Planner
Date: May 21,2014
Petition No.(If none,give a brief description): P120130001768
Petitioner:(Name&Address):Roetzel&Andress-R.Bruce Anderson DAVIDSON ENGINEERING INC.—Fred Hood,AICP
850 Park Shore Dr 4365 RADIO RD SUITE 201
Trianon Center,Third Floor Naples,FL 34104
Naples,FL 34103
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before BCC X BZA Other
Requested Hearing date:06/24/2014 (Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used:(Complete only if important):
xxx Naples Daily News Account#068779 Other Legally Required
Purchase Order No.4500146769
Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:
r_ , w �r- --
�% � Date: �-. I f
Division A �nistrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County
Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings: initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
B. FOR CLERK'S O)7, �'
j OFFI (42 E (,
Date Received Date of Public Hearing l/^.'1 ``tk Date Advertised Cif I14 1
8A
Ann P. Jennejohn
From: Gundlach, Nancy
Sent: Friday, May 23, 2014 11:24 AM
To: Gundlach, Nancy; Minutes and Records
Cc: Ashton, Heidi; Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Levy,
Michael; Neet, Virginia; 'Trish L. Morgan'; Rodriguez, Wanda;Wells, Laura
Subject: RE: Request for 6-24 BCC Advertising: Marco 41 Park CU
Importance: High
Correction:
•
Please advertise for the June 24, 2014, BCC hearing.
Thank you.
Nancy Gundlach,AICP, PLA# 1244
Principal Planner, Planning &Zoning Department
From: GundlachNancy
Sent: Friday, May 23, 2014 11:16 AM
To: 'Minutes and Records'
Cc: AshtonHeidi; Ann P. Jennejohn; BellowsRay; BosiMichael; KendallMarcia; LevyMichael; NeetVirginia; Trish L. Morgan;
RodriguezWanda; WellsLaura
Subject: Request for 6-24 BCC Advertising: Marco 41 Park CU
Good morning,
Please advertise the Naples Reserve RPUD petition attachments for the May 15, 2014 BCC hearing.
Sincerely,
Nancy
Nancy Gundlach, AICP, PLA# 1244
Principal Planner, Planning&Zoning Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252-2484
nancyeundlach @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.
1
8A
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday,June 24,2014,in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will
consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed
Resolution is as follows:
A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a conditional use
to allow Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499);
Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal
structure; and Permitted personal services, video rental or retail uses (excluding drug stores—5912)with more than 5,000
square feet of gross floor area in the principal structure, within a Commercial Intermediate(C-3)zoning district pursuant to
subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41,
east of the Collier Boulevard (C.R. 951) and U.S. 41 intersection, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida. (CU-PL20130001768, Marco 41 Park)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING
CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk(SEAL)
8A
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD
STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS
FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-
5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES
WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED
PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000
SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.I.c OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY,FLORIDA.
[PETITION CU-PL20130001768]
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
to allow food stores with greater than 5,000 square feet of gross floor area in the principal
structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure; and permitted personal services,
video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of
gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
Marco Park 4 I CCU-PL20 1 3000 1 768 I of 3
Rev. 5/21114
84
District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code on
the property hereinafter described, and the Collier County Planning Commission has made
findings that the granting of the Conditional Use will not adversely affect the public interest and
the specific requirements governing the Conditional Use have been met and that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE, IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-PL2O130001768 filed by CSC Properties, LLC with respect to the
property hereinafter described in Exhibit "A", be and the same is hereby approved for a
Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 541 1-5499); permitted food service (5812, eating places) uses with
more than 6,000 square feet of gross floor area in the principal structure; and permitted personal
services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square
feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions
found in Exhibit "C". Exhibits "A", "13", and "C" are attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this day of
,2014.
ATTEST: BOARD OF ZONING APPEALS
DWIGI-IT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: _.._... By:
Deputy Clerk TOM LIENNING, Chairman
Marco Park 41\CU-PL20130001768 2 of 3
Rev. 5/21/14
8A
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C —Conditions of Approval
c['■I 3-CPS-0 I 274/62
Marco Park 41 CCU-PL20130001768 3 of 3
Rev. 5/21/14
DE 8A
DAVIDSON
LEGAL DESCRIPTION
EXHIBIT "A"
PROPERTY DESCRIPTION
BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS
"PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA,THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN
LANDS DESCRIBED AS"PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS;THENCE NORTH 35°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF
SAID LANDS,A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE"
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO
THE MOST NORTHWESTERLY CORNER OF SAID"PARCEL 4";THENCE SOUTH 54°25'38" EAST, ALONG THE
NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND, "PARCEL 3", ALL OF SAID OFFICIAL RECORDS BOOK
4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 3", THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
"PARCEL 3", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3";
THENCE NORTH 54°25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", A
DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS
DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF
SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 118FEE"; THENCE NORTH 54°25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF
SAID "PARCEL 118FEE" AND "PARCEL 117FEE" A DISTANCE OF 371.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 260,282 SQUARE FEET OR 5.975 ACRES, MORE OR LESS.
'Marco 41 Park Ct,: Attachment IS
Legal Description vo‘+W. dm,idsonengineering.Qom
Exhibit B 8 A
CVS DRUG STORE
10'TYPE"A" EXISTING C-3ST ZONING
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8A
EXHIBIT "C"
Conditions of Approval
1. This Conditional Use approval does not constitute approval of a subdivision. The
buildings may he placed on one 5.97 acre site under common ownership or the property
may be subdivided in accordance with the LDC.
2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square
feet or less shall be larger than 15,000 square feet.
3. All buildings subject to this conditional use which exceed the otherwise applicable 5,000
— 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height
of 35 feet and an actual height of 45 feet.
•
4. No adult oriented sales are permitted in this project.
5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter
boundary with Falling Waters Beach Resort property line.
6. The trip generation cap is 435 unadjusted, two-way, p.m, peak hour trips.
7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach
Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of
the first building permit approval of any uses.
8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East
(US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in
structure side plane areas or break past the side plane of the building, except for
speaker(s) associated with limited drive-through uses.
9. No more than one (1) approved Fast Food drive-through establishment shall be allowed.
The ordering window shall not be located within 100 feet of the Falling Waters Beach
Resort property line.
10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
11. All pole lighting will be flat panel fixtures.
12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full
cut off shields.
13. Any lighting fixture/structure within 50 feet of a residential property line will be limited
to 15 feet in height.
Page 1 ot'2
84
14. The following uses have been prohibited per this conditional use request:
a. Convenience Stores with Gas Pumps only (SIC Group 5411)
b. Gasoline Service Stations (SIC Group 5541)
c. Homeless Shelters
d. Hospitals (SIC Groups 8062-8069)
e. Marinas (SIC Group 4493)
f. Residential dwelling units
g. Soup Kitchens
13-C1'S-01274/59
5/21/14
Page 2 of 2
County of Collier 8 A
CLERK OF THE CJRC IT COURT
COLLIER COUNTYOUR -LOUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-dkerk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor ustqdian of County Funds
May 27, 2014
Roetzel & Andress, LPA
R. Bruce Anderson
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, FL 34103
Re: CU-PL20130001768, Marco 41 Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners, as the Board of Zoning Appeals on Tuesday,
June 24, 2014, as indicated on the enclosed notice. A legal notice pertaining to
this petition will be published in Naples Daily News Wednesday, June 4, 2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.corn Email- CollierClerk @collierclerk.com
County of Collier
CLERK OF THE CJRC r IT COURT 8 Q
COLLIER COUNTYSOUR CI-IOUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-dIerk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor ustcdian of County Funds
May 27, 2014
Davidson Engineering, Inc.
Fred Hood, AICP
4365 Radio Road, Suite 201
Naples, FL 34104
Re: CU-PL20130001768, Marco 41 Park
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners, as the Board of Zoning Appeals on Tuesday,
June 24, 2014, as indicated on the enclosed notice. A legal notice pertaining to
this petition will be published in Naples Daily News Wednesday, June 4, 2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
8A
Acct #068779
May 27, 2014
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU-PL20130001768, Marco 41 Park
Dear Legals:
Please advertise the above referenced notice on Wednesday, June 4, 2014 and send
duplicate Affidavits of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500146769
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
8A
Notice is hereby given that the Board of County Commissioners,
as the Board of Zoning Appeals of Collier County, will hold a
public hearing on Tuesday, June 24, 2014, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center,
3299 Tamiami Trail East, Naples, Florida. The meeting will commence
at 9: 00 A.M. The title of the proposed Resolution is as follows :
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS
FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-5499) ;
PERMITTED FOOD SERVICE (5812 , EATING PLACES) USES WITH MORE THAN
6, 000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE; AND PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR
RETAIL USES (EXCLUDING DRUG STORES - 5912) WITH MORE THAN 5,000
SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE,
WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT PURSUANT
TO SUBSECTION 2 . 03 . 03 .C. 1 .c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [CU-
PL20130001768]
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County manager prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of any individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to
the public hearing. All materials used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will
need a record of the proceedings pertaining thereto and therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
8 )1
cost to you, to the provision of certain assistance . Please contact
the Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, Naples, FL 34112-5356 (239) 252-8380,
at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County
Commissioners Office .
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk (SEAL)
Ann P. Jennejohn 8 A
From: Ann P.Jennejohn
Sent: Tuesday, May 27, 2014 11:45 AM
To: Naples Daily News Legals
Subject: CU-PL20130001768 Marco 41 Park
Attachments: CU-PL20130001768.doc; CU-PL20130001768.doc
Please advertise the attached on
Wednesday, June 4, 2014.
Thank you again,
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
8A
Ann P. Jennejohn
From: Flora, Susan <susan.flora @naplesnews.com>
Sent: Tuesday, May 27, 2014 3:10 PM
To: Ann P.Jennejohn
Subject: Ad Confirmation
Attachments: UASC295 jpg
Please provide approval ASAP for publication on 06.04.14.
Thank you,
Susan Flora
Susan Flora General Sales Support Assistant
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 435-3428 I F: (239) 325-1251
susan.flora@naplesnews.com I naplesnews.com I ndnadvertising.com
Putting Your World In Your Hands
Call or click today to activate! (239) 213-6000 or naplesnews.com/subscribe
Thank you for placing your ad.
Date 05/27/14
Publication NDN
Account Number 744102
Ad Number 2027146
Total Ad Cost $391.62
8q
MARCO 41 PARK
CU-PL20130001768
NOTICE OF PUBUC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners,
as the Board of Zoning Appeals of Collier County,will hold a public hearing on
Tuesday, June 24, 2014,in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida.
The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as
follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-5499);PERMITTED FOOD
SERVICE(5812, EATING PLACES)USES WITH MORE THAN 6,000 SQUARE FEET OF
GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE;AND PERMITTED PERSONAL
SERVICES,VIDEO RENTAL OR RETAIL USES(EXCLUDING DRUG STORES-5912)WITH
MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE,WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.03.C.1.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. ICU-PL2Q1300017681
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection,All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item.The selection of any
individual to speak on behalf of an organization or group is encouraged. if
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 11)minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case,written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior ro the public hearing. All materials used in presentations before the Board
will become a permanent part of the record,
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
if you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112 5356(2.39)252-8380,at least two days prior to the meeting.Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY,FLORIDA
TOM HENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennelohn,Deputy Clerk(SEAL)
June 4,2014 No.2027146
Ann P. Jennejohn
8A
From: Gundlach, Nancy
Sent: Wednesday, May 28, 2014 10:32 AM
To: Ann P. Jennejohn; Bellows, Ray; Neet, Virginia;Ashton, Heidi
Subject: RE:Ad Confirmation Marco 41 Park (CU-PL20130001768)
Hi Ann,
The ad looks good.
Sincerely,
Nancy
Nancy Gundlach, AICP, PLA # 1244
Principal Planner, Planning & Zoning Department
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252-2484
nancygundlach@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: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com]
Sent: Tuesday, May 27, 2014 3:23 PM
To: GundlachNancy; BellowsRay; NeetVirginia; AshtonHeidi
Subject: Ad Confirmation Marco 41 Park (CU-PL20130001768)
Another notice for your review, please.
Marco 41 Park Conditional Use Petition (CU-PL20130001768)also being advertised Wednesday, June 4th for the
Board's June 24th Meeting.
Thanks again,
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
Ann P. Jennejohn
8A
From: Neet, Virginia
Sent: Wednesday, May 28, 2014 4:15 PM
To: Ann P.Jennejohn
Subject: FW:Ad Confirmation Marco 41 Park (CU-PL20130001768)
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
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: AshtonHeidi
Sent: Wednesday, May 28, 2014 2:56 PM
To: BonhamGail; NeetVirginia
Subject: RE: Ad Confirmation Marco 41 Park (CU-PL20130001768)
Please proceed. Thanks.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
Original Message
From: BonhamGail
Sent: Tuesday, May 27, 2014 4:04 PM
To: NeetVirginia; AshtonHeidi
Subject: RE: Ad Confirmation Marco 41 Park (CU-PL20130001768)
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
i
Ann P. Jennejohn 8 A
From: Ann P.Jennejohn
Sent: Wednesday, May 28, 2014 5:13 PM
To: 'Flora, Susan'
Subject: RE: Ad Confirmation
Looks great Susan, please publish
Ad 2027146 next Wednesday, June 4th.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
From: Flora, Susan [mailto:susan.flora @naplesnews.com]
Sent: Tuesday, May 27, 2014 3:10 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval ASAP for publication on 06.04.14.
Thank you,
Susan Flora
Susan Flora General Sales Support Assistant
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239)435-3428 I F: (239) 325-1251
susan.flora @naplesnews.com I naplesnews.com I ndnadvertising.com
Putting Your World In Your Hands
Call or click today to activate! (239) 213-6000 or naplesnews.com/subscribe
Thank you for placing your ad.
Date 05/27/14
Publication NDN
Account Number 744102
Ad Number 2027146
Total Ad Cost $391.62
1
84
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners,
as the Board of Zoning Appeals of Collier County, will hold a public hearing on
Tuesday, June 24, 2014, in the Board of County Commissioners.Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida.
The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as
follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-5499); PERMITTED FOOD
SERVICE(5812,EATING PLACES)USES WITH MORE THAN 6,000 SQUARE FEET OF
GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE;AND PERMITTED PERSONAL
SERVICES,VIDEO RENTAL OR RETAIL USES(EXCLUDING DRUG STORES-5912)WITH
MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.03.C.1.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH,RANGE 26 EAST,COLDER COUNTY,FLORIDA.[CU-PL20130001768)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection.All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda_item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on,any item.The selection of any
individual to speak on behalf of an.organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item. •
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony,
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain-assistance. Please contact the Collier County Facilities 'Management
Department, located at 3335 Tamiami Trail,. East, Suite 101, Naples, FL
34112-5356(239)252-8380,at least two days prior to the meeting Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS,
COLLIER COUNTY,FLORIDA
TOM HENNING,O Amf AN
DWl HT E.FROCK,CLERK
By:Arm Jannejohn,Deputy Clerk(SEAL)
lune 4.7014
Na 7027166
8
A
24D )) Wednesday,June 4, 2014 )) NAPLES DAILY NEWS
•
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, •
as the Board of Zoning Appeals of Collier County, will hold a public hearing on
Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida.
The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as
follows:,
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLDER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO •
ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-5499); PERMITTED FOOD
SERVICE(5812, EATING PLACES)USES WITH MORE THAN 6,000 SQUARE FEET OF
•GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED PERSONAL
SERVICES,VIDEO RENTAL OR RETAIL USES(EXCLUDING DRUG STORES-5912)WITH
MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.03.C.1.c OF THE COLUER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA.(CU-PL20130001768)
•
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection.All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written•or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record. .
Any person who decides to appeal any decision of the Board will need a record of .
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112-5356 (239)252-8380, at least two days prior to the meeting.Assisted listening
devices for the hearing impaired are available in the Board of County
• Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY,FLORIDA •
TOM HENNING,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Ann Jennejohn,Deputy Clerk(SEAL) •
June 4 2014 No.2027146
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP J
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 6
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete th
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney 0
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office /ao/19
4. BCC Office Board of County
Commissioners V W / (AZ-I-lVA
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed n the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Nancy Gundlach Phone Number (239)252 484
Contact/ Department
Agenda Date Item was June 24,2014 Agenda Item Number 8.A.
Approved by the BCC
Type of Document Resolution ' Number of Original 1
Attached I�'
C) Documents Attached
PO number or account 131-138326-649030-00000
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N.G.
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G.
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's N.G.
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N.G.
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on June 24,2014 (date)and all changes N.G. •
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
8A
mO � mw
rnm �� U,
RESOLUTION NO. 2014- 1 4 0 o o m m 0
o 0 c
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF -1 0 N 0
COLLIER COUNTY, FLORIDA PROVIDING FOR THE 0 in
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD o m N
STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS D -0
FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411- o>
5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES i D
WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR o m
AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED
o
PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000 o
SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.c OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PETITION CU-PL20130001768]
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
to allow food stores with greater than 5,000 square feet of gross floor area in the principal
structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure; and permitted personal services,
video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of
gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
Marco Park 41\CU-PL20130001768 1 of 3
Rev. 5/21/14
C�`
8A
District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code on
the property hereinafter described, and the Collier County Planning Commission has made
findings that the granting of the Conditional Use will not adversely affect the public interest and
the specific requirements governing the Conditional Use have been met and that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU-PL20130001768 filed by CSC Properties, LLC with respect to the
property hereinafter described in Exhibit "A", be and the same is hereby approved for a
Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 5411-5499); permitted food service (5812, eating places) uses with
more than 6,000 square feet of gross floor area in the principal structure; and permitted personal
services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square
feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions
found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this ati day of
, 2014.
ATTESTy BOARD OF ZONING APPEALS
DWIGI-HT E.,BROCK, CLERK COLLIER OUNTY FLORIDA
c‘L.,
B 4_4 _ ,_■
Attg' lan s
�'i".H G, Cha ...
sign r,0u
Marco Park 41\CU-PL20130001768 2 of 3
Rev. 5/21/14
CA
8A
Ap roved as o form and legality:
S/..)..Aioy
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
CP\13-CPS-01274/62
Marco Park 41\CU-PL20130001768 3 of 3
Rev. 5/21/14
0
DE 8 A s
DAOVDSON G
LEGAL DESCRIPTION
EXHIBIT "A"
PROPERTY DESCRIPTION
BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS
"PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN
LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35°34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF
SAID LANDS, A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE"
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO
THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4";THENCE SOUTH 54°25'38" EAST, ALONG THE
NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND, "PARCEL 3", ALL OF SAID OFFICIAL RECORDS BOOK
4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 3", THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
"PARCEL 3", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3";
THENCE NORTH 54°25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", A
DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS
DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF
SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 118FEE"; THENCE NORTH 54°25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF
SAID "PARCEL 118FEE" AND "PARCEL 117FEE" A DISTANCE OF 371.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 260,282 SQUARE FEET OR 5.975 ACRES, MORE OR LESS.
Marco 41 Park CU:Attachment B—
Legal Description www.davidsonengineering.com
t ;)
Exhibit B 8 A
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' 2` ' PROJECT. 3 CLIENT. REVISIONS
]t/]J/1s BENSONS PER O1/0]/ ENEW STAFF COMMENTS
MARCO 41 PARK CONDITIONAL USE 9 3s/n/14 BENSONS PfR OJ +.RENEW sTArF caMMEN*s
D 1 CSC PROPERTIES,LLC. 34/01/14 RENSONS PER 03531/14 RENEW STAFF COMMENTS
5795 ULAERTON ROAD. 04/08/14 RENSONS PER 04/08/14 RENNEM STAFF REQUEST
OT - ��, SHEET TITLE. , SUITE 200 34/11/14 BENSONS PER 04/09/14 RENEW STAFF REQUEST
CLEARWATER.FL 3318(1 Y.
CO 4343 Rada"°� FR°n°�'�„ CONCEPTUAL SITE PLAN
.. �,A�.N,_�N.R a4 o.�rt� CA
8A
EXHIBIT "C"
Conditions of Approval
1. This Conditional Use approval does not constitute approval of a subdivision. The
buildings may be placed on one 5.97 acre site under common ownership or the property
may be subdivided in accordance with the LDC.
2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square
feet or less shall be larger than 15,000 square feet.
3. All buildings subject to this conditional use which exceed the otherwise applicable 5,000
— 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height
of 35 feet and an actual height of 45 feet.
4. No adult oriented sales or rentals are permitted in this project.
5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter
boundary with Falling Waters Beach Resort property line.
6. The trip generation cap is 435 unadjusted, two-way, p.m. peak hour trips.
7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach
Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of
the first building permit approval of any uses.
8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East
(US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in
structure side plane areas or break past the side plane of the building, except for
speaker(s) associated with limited drive-through uses.
9. No more than one (1) approved Fast Food drive-through establishment shall be allowed.
The ordering window shall not be located within 100 feet of the Falling Waters Beach
Resort property line.
10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
11. All pole lighting will be flat panel fixtures.
12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full
cut off shields.
13. Any lighting fixture/structure within 50 feet of a residential property line will be limited
to 15 feet in height.
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8A
14. No pawn shops are permitted in this project.
15. The following uses have been prohibited per this conditional use request:
a. Convenience Stores with Gas Pumps only (SIC Group 5411)
b. Gasoline Service Stations (SIC Group 5541)
c. Homeless Shelters
d. Hospitals (SIC Groups 8062-8069)
e. Marinas (SIC Group 4493)
f. Residential dwelling units
g. Soup Kitchens
13-CPS-01274/59
5/21/14
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