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HEX Backup 11/09/2017
Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 9,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued to the November 30,2017 HEX Meeting. A. PETITION NO. PDI-PL20170001859 — Cameron Partners II, LLC requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay Planned Unit Development,to add a deviation from LDC Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an internal side shared property line between Lot 2 and Lot 3 of the Heritage Bay Commons—Tract D replat subdivision or any internal buffer along a shared side property line if Lots 2 and 3 are subdivided. The PUD consists of 2,562± acres located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County,Florida. [Coordinator: Fred Reischl, Principal Planner] B. PETITION NO. PL20170003285 — 3570 Bayshore Drive, LLC, filed an appeal of the administrative approval of the Official Interpretation INTP-PL20170001233 for the Bayshore Beer Garden in the General Commercial Zoning District within the Bayshore Mixed Use Overlay District- Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located at 3555 Bayshore Drive, Naples, Florida in Section 14, Township 50 South and Range 25 East, in Collier County,Florida. [Coordinator: Mike Bosi,Zoning Division Director] C. PETITION NO. PL20170001829 — 3570 Bayshore Drive, LLC, filed an appeal of the administrative approval of the Site Improvement Plan SIP-PL20150002675 for the Bayshore Beer Garden in the General Commercial Zoning District within the Bayshore Mixed Use Overlay District- Neighborhood Commercial Subdistrict (C-4-BMUD-NC). The subject property is located at 3555 Bayshore Drive, Naples, Florida in Section 14, Township 50 South and Range 25 East, in Collier County,Florida. [Coordinator: Mike Bosi, Zoning Division Director] D. NOTE: This item has been continued to the November 30,2017 HEX Meeting. PETITION NO. BD-PL20170000541 —David Bautsch requests a 36.46-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 56.46 feet,to accommodate a new docking facility, including a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Procedural Handout Bayshore Beer Garden hearing before the Collier County Hearing Examiner November 9, 2017 I. Introduction II. Procedures 1. The appeal before the HEX is informal. All relevant evidence will be considered at the hearing. The Hearing Examiner will determine what is relevant evidence. 2. The format of today's hearing will be as follows: a. This is an appeal for two separate actions involving the same property. Both appeals will be heard and presented concurrently with separate decisions issued for each. The time frames and references in the procedural handout are for concurrent presentations of both appeals. b. The appealing party will go first, and will present their case. The time for the presentation is not to exceed one hour inclusive of any expert testimony. The Hearing Examiner may ask questions of the appealing party throughout its presentation. c. Next, staff will present their report to the Hearing Examiner. The time for the presentation is not to exceed one hour. The Hearing Examiner may ask questions of staff throughout their presentation. d. Next, the impacted property owner presents their case. The time for the presentation is not to exceed one hour inclusive of any expert testimony. The Hearing Examiner may ask questions of the impacted property owner throughout their presentation. e. Interested members of the public may then speak. Public testimony will generally be limited to five minutes per speaker. The Hearing Examiner may ask questions of the Public Speaker throughout their presentation. f. After Public Comment, in order, the Zoning Director, the appealing party and the impacted property owner will each have 10 minutes to sum up. This summation could include any rebuttal. g. Time limits may be extended by the Hearing Examiner. 1 AGENDA ITEM 3-6 99unty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9TH, 2017 SUBJECT: AOI-PL20170003285 - BAYSHORE BREW GARDEN OI-APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the administrative approval of the Official Interpretation INTP-PL20170001233 (Attachment "A") for the Bayshore Beer Garden with accessory microbrewery in the General Commercial Zoning District,within the Bayshore Mixed Use Overlay District-Neighborhood Commercial Subdistrict(C-4-BMUD-NC). Per the Collier County Code of Laws and Ordinances,Section 2-87,the Hearing Examiner(HEX)shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use-Neighborhood Commercial zoning district. The section states that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant;and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval contained within the Official Interpretation by staff. The issue here is whether the OI, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use-Neighborhood Commercial zoning district(C-4-BMUD-NC). Should the HEX determine that the Official Interpretation approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use-Neighborhood Commercial zoning district,the HEX may overturn the administrative decision contained within the Official Interpretation. Should the HEX find none of the above,the HEX shall accept the administrative approval of the 01. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive(Parcel No. 6184132000001), Naples, FL, 34112 (Aerial provided for on following page) ` e , -wa (y ..a ,, - yw `I ` ' ip -! sq!- < „iva t5...- attfrealtratar 3 ... r # •I Bay k o td,, w c 11I1t11 41___At i :1: -%*;_Y41 z70--,-alf.V1'..-.7A,- .,, CONSIDERATIONS: Background On October 2, 2015, the Planning and Zoning Division issued a Zoning Verification Letter (ZVL- PL20150002157,Attachment"B")for the property at 3555 Bayshore Drive,Folio No.61841320001. Within the ZVL,the following uses were indicated for the property: i) Lounge in which beer, wine and non-alcoholic beverages are to be served; ii) An accessory micro-brewery; iii) Tours of the brewery; iv) Neighborhood gathering place for events such as group parties, trivia nights, bingo, and beer brewing meet ups; v) Bar type table games; vi) Live music performed by small groups of musicians; vii) Food,delivered or carried in,to be consumed on the premises; viii) Sale of pre-packaged food such as nuts and chips;and ix) Sale of tee shirts,caps,and items related to the brewery. The ZVL stated, "Zoning Services Staff is of the opinion that remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge." On April 18, 2017, SIP-PL20150002675 was issued an approval letter showing the 6,000 square foot renovation of the building to accommodate a bar/tavern/lounge with accessory microbrewery and associated site work. APPELLANT'S CLAIMS: On September 6th 2017, 3570 Bayshore Drive, LLC filed an appeal of INTP-2017-1233. In connection with the same,3570 Bayshore Drive, LLC requests that INTP-2017-1233 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further. in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. INDUSTRIAL MANUFACTURE OF BEER Appellant's Position: Appellant States: The Property has a Collier County,Florida Future Land Use Map("FLUM")Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See, for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation,b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District(C-4)and is further located in the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub-district ("BMUD-NC) as continued by the Collier County Zoning Map(See,Exhibit"C"as attached to the OI Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC,and the LDC incorporates numerical references,that are defined within the"Standard Industrial Classification(SIC) Manual 1987",in identifying and listing allowable zoning uses. "Industrial manufacturing of beer",known as a brewery having SIC code 2082, is not listed as a principal,conditional or accessory use in either the General Commercial District(C-4)or the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code.Further,the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff,3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for off-site distribution,sales and consumption,as well as on-site consumption. County's Position: i The BMUD NC Overlay allows industrial uses The industrial manufacturing of beer, more typically known as a brewery (SIC 2082) is a stand-alone principal use allowed within the Industrial Zoning District. The use is not expressly specified as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district. It should be noted that, per LDC Sections 2.03.07.I.4.b.i & iii, the BMUD-NC zoning district permits, "Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale." Specific uses permitted in the BMUD-NC district are Metal Products Fabrication, Repair Shops and Laboratories; uses allocated to heavy commercial (C-5)and industrial zoning districts. The language in the LDC clearly contradicts the Appellants' claim,"Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever", because industrial uses are allowed in the BMUD-NC Overlay. ii. The BMUD-NC Overlay is intended to be flexible and it expands the uses allowed by the underlying zoning district The BMUD-NC zoning district allows for a full array of Residential uses such as Single and Multi-Family Dwelling units, Live-Work Units and Artist Villages. The BMUD also provides for Hotels, Bed and Breakfast facilities, Office/Services uses, Retail and Restaurants, Entertainment/Recreation, Civic Institutional and Infrastructure. The wide variety of uses illustrates the uniqueness of the BMUD-NC zoning district in that the BMUD-NC overlay expands the allowable permitted uses beyond those uses provided for in the underlying LDC zoning districts of Residential,Commercial and Industrial. Another noteworthy aspect of the BMUD-NC zoning district, is that permitted uses are not specified by Standard Industrial Classification (SIC), but rather use groups, which allows for wider variety of uses AOI-PL20170001233 Page 4 of 6 than a single narrow SIC number. This approach to land use provides for more flexibility in determining what uses are allowed in the district by evaluating their use characteristics, rather than business characteristics to make that determination. To further illustrate this point, the location of the proposed Beer Garden is an existing engine repair facility:with multi-family developments to the immediate north and south of the parcel;a restaurant,marine electronics facility and single-family residences to the south; and a multi-purpose office complex containing a realtor office,florist and CRA offices to the west. Based upon this arrangement all property owners within the BMUD-NC zoning district could reasonably expect to neighbor anyone of the industrial,commercial or residential use types. iii. A microbrewery is an allowed accessory use to the proposed drinking establishment. Within each zoning district, within the Collier LDC there are permitted uses, conditional uses and accessory uses. The subject SIP allows a microbrewery (production of beer) as an accessory use to the proposed drinking establishment, in this instance a beer garden. The accessory microbrewery is directly related to the principal use,as the beer produced within the establishment will be for on-site consumption. It is incidental and subordinate to the principal use on the property. The subordinate relationship is shown in the square footage allocations of the facility. Within the traffic analysis dated July 13, 2016 by Ted Treesh of Transportation Consultants, Inc. for the approved SIP, 3,845 sq. ft. of the 6,000 total sq. ft. is for public use area of the beer garden or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the venues main product of sale,being beer. The trip generation associated with the beer garden and accessory microbrewery as provided by Applicant shows that the drinking area would generate 44 P.M.peak hour trips and the microbrewery would produce 3 P.M. peak hour trips, or six (6) percent of the total P.M. peak hour trips (Attachment "C"). This projected trip split further demonstrates the subordinate role of the microbrewery to the overall operation. It also shows a minimal impact on the roadway. As noted above,the zoning district appropriate for a brewery is the Industrial zoning district.This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production and distribution,and demands upon utility infrastructure which is energy intensive. By comparison, the accessory 2,585 square feet of the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site,with little to no external effect upon surrounding land uses. It should also be noted that the approval of the Site Improvement Plan for Bayshore Beer Garden is also being appealed by the Appellant as a companion item. Correspondence received related to the project has been provided as an attachment to the application. GROWTH MANAGEMENT IMPACT: The areas addressed within the appeal are contained within the LDC,therefore no impact to the Growth Management Plan. AOI-PL20170001233 Page 5 of 6 COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on 10/27/17. RECOMMENDATION: For the HEX to affirm the administrative approval of OI-PL20170001233 and impose a condition of approval upon the facility to maintain a minimum of 51% of all sales for on- site consumption and that the owner of the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department Attachments: A. INTP-PL20170001233 B. ZVL-PL20150002157 C. Trip Generation Submittal PREPARED BY: j0 -3J - f", MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION AOI-PL20170001233 Page 6 of 6 Si Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code (T,DC), public notice is hereby given of an official interpretation. RE: INTP-2017-PL-1233, OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMINE WHETHER THE "INDUSTRIAL MANUFACTURING OF BEER IS A PRINCIPAL, ACCESSORY OR CONDITIONAL USE THAT CAN OCCUR WITHIN THE COMERCIAL-4 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT NEIGHBORHOOD COMMERCIAL ZONING DISTRICT(C-4/RAJD NC) The Collier County Zoning Director has been requested to render an official interpretation for the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district of the Land Development Code and if the industrial manufacturing of beer is allowed as a permitted, accessory or conditional use. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types(as defined within LDC 1.08.00): Accessory use or structure. A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Conditional use. A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number,area, location,or relation to the neighborhood. Principal building,structure,or use.The main or primary use on a lot or parcel,or the building in which the main or primary use is housed or carried out. Within the request for the Official Interpretation,you raise two points: 1. "That industrial manufacturing of beer and related uses with site work as described on the Exhibit"A"cover letter as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property";and 2. "That"industrial manufacturing of beer"is not a principal,accessory;or conditional use that can occur on the Property." Essentially both questions are asking the same, "is industrial manufacturing of beer", allowed within the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district. The first point is directly related to a 2015 Site Improvement Plan (PL20150002675), associated with property at 3555 and 3557 Bayshore Road, which read, "The above referenced project consists of a 6,000 SF building renovation for industrial manufacturing of beer and related uses, with site work." This project description was submitted within the 2015 SIP submittal. Subsequently the project description associated with the SIP was revised to read, "The above referenced project consists of a 6,000 square foot building for a lounge with microbrewery, with site work." Regardless of the revised narrative associated with the SIP,your Official Interpretation focuses on the question, "is industrial manufacturing of beer allowed on the property and within the C4/BMUD-NC zoning district?" The industrial manufacturing of beer,more typically known as a brewery(SIC 2082)as a principal use is in fact an industrial use that is not allowable as aprincipal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district. As noted earlier within this official interpretation, within each zoning district there are permitted uses, conditional uses and accessory uses. The allowance of a microbrewery (on-site brewing of beer) associated with a proposed drinking establishment or in this instance beer garden,is an accessory use that is directly related to the principal use. The beer produced within the establishment will be for on-site consumption and incidental and subordinate to the primary use on the property. The subordinate relationship is reflected in the square footage allocations of the facility. Within the approved SIP (PL20150002675), 3,845 sq. ft. of the 6,000 total sq. ft. is proposed drinking establishment/drinking area or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the establishment's main product of sale(beer). As noted within this official interpretation, the zoning district appropriate for a brewery is Industrial Zoning. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production capacities, demands upon utility infrastructure and distribution capability. A traffic analysis dated July 13, 2016 was completed by TR Transportation Consultants, Inc. Review of the trip generation associated with the beer garden and accessory microbrewery stated that the drinking area would generate 44 P.M.peak hour trips and the microbrewery would produce 3 P.M.peak hour trips,or six(6)percent of the total P.M.peak hour trips. The projected trip split further suggests that the microbrewery is subordinate to the overall operation. Additionally, the 2,585 square feet of the facility dedicated to the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site,with little to no external effect upon surrounding land uses. Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015,prior to the SIP submittal,to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information,exhibits,or other back-up information in support of the appeal. The appeal must be accompanied by a$1,000.00 application and processing fee.(If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan, and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division,Planning and Regulation building at 2800 North Horseshoe Drive,Naples, FL 34104. Please contact the staff member below at(239)252-6819 to set up an appointment if you wish to review the file. Mike Bosi,AICP,Director, Planning and Zoning Department Attachment"B" S&9ty Growth Management Department Zoning Services Section October 2,2015 Mr.Adam Kelley 3140 La Costa Circle,Apartment 304 Naples,Florida 34105 Re: ZLTR-PL20150002157; Zoning Verification Letter for 3555 Bayshore Drive, AKA:Parcel 115.2 in Section 14, Township 50 South, Range 25 East, of unincorporated Collier County, Florida. Property ID/Folio Number: 61841320001. Dear Mr.Kelley: This letter is in response to your Zoning Verification Letter Application (ZLTR) dated July 15, 2015, in which you had requested information pertaining to use of the subject property. Accompanying the ZLTR application was the following list of uses: i)lounge in which beer, wine and non-alcoholic beverages are to be served; ii) an accessory micro-brewery; iii) tours of the brewery; iv) neighborhood gathering place for events such as group parties,trivia nights, bingo, and beer brewing meet ups; v) bar type table games; vi) live music performed by small groups of musicians; vii) food, delivered or carried in,to be consumed on the premises; viii)sale of pre-packaged food such as nuts and chips;and ix)sale of tee shirts,caps,and items related to the brewery. Whereas the subject property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues,the County herewith provides the following. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41 as amended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC,shows the subject property has a zoning designation of General Commercial District(C-4)and is further located within the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Subdistrict (BMUD-NC). Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types(as defined within LDC 1.08.00): • Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. • Conditional Use: A use that, due to special circumstances, Is not permissible in a zoning district but may be appropriate if controlled as to number, area. Location, or relation to the neighborhood. • Principal building,structure,or use: The main or primary use on a lot or parcel, or the building in which the main or primary use Is housed or carried out. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SIC) Manual - 1987," as published by the Executive Office of the President - Office of Management and Budget; portions of this manual are accessible online via htta://www.osha.gov/pls/imis/sic manual.html. Staff has determined that the above 0 Zoning Division•2800 North Horseshoe Drive•Naples,Ft.34104.239.252-2400•www.colUergov.net Zoning Verification Letter ZLTR-PL20150002/37 Page 2 of 2 described business use(s) is/are most similar to that of a bar or lounge, SIC 5813. Permitted use #48, within the C-4 district, reads: "Eating and drinking establishments (5812 and 5813) excluding bottle clubs,All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01." Zoning Services Staff is of the opinion that the remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge. Bars, taverns and nightclubs are listed as permitted uses within the BMUD-NC as well; LDC Section 2.03.07 I.4.b.iii.,Table 1. Please be advised that a brewery (SIC 2082) as a primary use is in fact an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district; therefore, the described business must be operated in such a way that the micro- brewery is accessory to and supportive of a bar/tavern/lounge and not vise-versa. Additionally, LDC Section 5,05.01 sets forth additional locational restrictions, separation requirements, on businesses serving alcohol(see attached)that have not been yet been verified. Such reviews are typically initiated as part of the Zoning Certificate process that is required prior to the establishment of any business to be operated within Collier County; LDC Section 10.02.06 B.1.f(application attached). Lastly,should there be a change from the existing use of the property, it is likely that the LDC will require site and/or architectural improvements that will necessitate implementation of the Site Development Plan (SDP) review process. Please feel free to contact Chris Scott,Planning Manager,with the Development Review Division at(239)252-2460 for additional information. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. 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. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination,you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01. and 10.02.02.F.I of that Code. The fee for an Official Interpretation is identified in the most recent COBS Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www,municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Courts website, www.collierclerk.cottt/Records Search/BMR Records/ Boards, Minutes, Records / BMR. Validated Ordinances. Should you require additional information, please do not hesitate to call our office at(239)252-2400. Researched and prepared by: Reviewed by: 4-17 Jo n A.Kelly,Pfdnner Ray d Bellows,Zoning Manager Zoning Services Section Zoning Services Section TRANSPORTATION CONSULTANTS, INC. Attachment"A" MEMORANDUM TO: Mr. Blair Foley, P.E. Blair A. Foley, PE LLC FROM: Ted Treesh President DATE: July 13, 2016 RE: Bayshore Brewery—PL20150002675 3555 Bayshore Drive Naples, Florida TR Transportation Consultants, Inc. has completed a traffic analysis for the Site Development Plan application for a brewery to be located on the east side of Bayshore Drive in East Naples, Florida. The subject site is located at 3555 Bayshore Drive, approximately three-quarters of a mile north of its intersection with Thomasson Drive in Collier County, Florida. Figure 1 illustrates the approximate location of the subject site. As currently requested, the brewery will occupy an existing building that is currently approximately 6,000 square feet in size. The site will be utilized with approximately 3,845 square feet of floor area for public use (includes approximately 430 square feet of outdoor sitting area) and 2,585 square feet of floor area for the actual brewing operations. Access to the subject site will be provided to Bayshore Drive via one existing right- in/right-out access at the southern entrance and via one existing right-out only access at the northern exit.No food preparation will be provided within the building. EXISTING CONDITIONS Bayshore Drive is a north/south four-lane divided roadway to the north of Thomasson Drive and to the south of US 41. The Level of Service Standard on Bayshore Drive (link #7.0) is LOS"D"or 1,800 vehicles. TRIP GENERATION & DISTRIBUTION The Institute of Transportation Engineers Report titled Trip Generation, 9th Edition, was referenced to estimate the trip generation for the proposed development. Since ITE does Mr. Blair Foley, P.E. Ti TRANSPORTATION Bayshore Brewery CONSULTANTS, INC. July 13,2016 Page 2 not contain any use that is similar to the proposed brewery, the building floor area that will be open to public for tasting and consumption of the brewed beers was considered a Drinking Place (Land Use Code 925) and the floor area that will be utilized for the manufacturing of the beer was considered a Light Industrial use (Land Use Code 110). The trip generation equations for Land Use Code 110 and Land Use Code 925 are attached to the end of this document for reference. Table 1 provides a summary of the land uses being applied for as a part of this SDP application. Table 1 Proposed Land Uses Bayshore Brewery Land Use Intensity Light Industrial 2,585 square feet (LUC 110) Drinking Place 3,845 square feet (LUC 925) Table 2 provides a summary of the trip generation projections for the development as currently proposed. No A.M and Daily trip generation was completed due to lack of data for Land Use Code 925 in ITE.No discount was taken in the trip generation based on the previous use of the existing building as a small engine repair shop. The use has been closed for approximately one year. Table 2 Trip Generation Bayshore Brewery Land Use Weekday P.M.Peak Hour In Out Total Light Industrial 0 3 3 (2,585 square feet) Drinking Place 29 15 44 (3,845 square feet) Net Trips 29 18 47 The trips shown in Table 2 were assigned to the surrounding roadway system based upon the anticipated routes that drivers would utilize to approach the site. Access to the site will be provided via the two existing access drives. The southern access along the south property line is limited to right-in/right-out movements only. The northern site access will be limited to existing movements only. The existing roadway network adjacent to the subject site was utilized to assist in determining the distribution of site traffic. Figure 2 illustrates the anticipated distribution of the project traffic. The project trips were then assigned to the surrounding intersections based upon the anticipated distribution of the project traffic. Figure 2 also illustrates the resulting assignment of the project traffic. mh TRANSPORTATION Mr. Blair Foley, P.E. Bayshore Brewery CONSULTANTS, INC. July 13,2016 Page 3 CONCURRENCY/LEVEL OF SERVICE ANALYSIS In order to determine which roadway segments surrounding the site will be significantly impacted,Table IA, contained in the Appendix, was created. This table indicates which, if any, roadway links will accommodate an amount of project traffic greater than the 2%- 2%-3% Significance Test. Therefore, the net new traffic generated as a result of the proposed development was compared with the Capacity for Peak Hour— Peak Direction traffic conditions as defined by the 2015 Collier County Annual Update Inventory Report (AUIR). From Table IA, no roadway segments are shown to be significantly impacted by the proposed development. In addition to the significant impact criteria, Table 1 A also includes the concurrency • analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2015 Collier County Annual Inventory Update Report (AUIR). In order to estimate the projected 2018 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes from the 2015 AUIR were adjusted by the appropriate growth rate. The growth rates calculated for the area roadway links are indicated on Table 3A. These projected volumes were then compared with the 2015 existing plus trip bank volumes from the 2015 AUIR. The more conservative of the two volumes was then utilized as the 2018 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2018 background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the net new traffic associated with the proposed development. Based on the information contained within Table 1 A, there will be sufficient capacity on the surrounding roadway network to serve the net new trips generated as a result of the proposed development. Figure 3 illustrates the results of the concurrency analysis. Pursuant to the Collier County Construction Standards Handbook, a right turn lane is required on Bayshore Drive at the southern site access drive. However, due to right-of- way constraints on the property to the south, construction of this lane is not feasible. The developer is seeking a waiver from the turn lane requirement. CONCLUSION The development of the proposed brewery located on the east side of Bayshore Drive in Collier County, Florida will not have a detrimental impact on the surrounding roadway system. Bayshore Drive has a sufficient capacity to accommodate the minimal amount of new trips anticipated to be generated by the proposed facility. 7j /33 &c) Co Co Cr County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPEAL OF OFFICIAL INTERPRETATION LDC subsection 2.05.01.E)&Code of Laws section 2-83 -2-90 Ch.'3 A.of the Administrative Code PROJECT NUMBER PROJECT NAME To he(..24tpleted by staff DATE PROCESSED P1---D0r)0003?'S-- APPLICANT CONTACT INFORMATION Owner: 3.570 J3aysharq Drives, LLC PO Address: Box 783 City: Cranford State: NJ ZIP: 07016 Telephone: Cell: Fax: E-Mail Address: Douglas A. Lewis Applicant/Agent: Thompson Lewis Law Film, PLLC Firm: Address: 850 Park Shore Dr.,Suite 201 y. Naples State: FloridaZjp. 34103 Telephone: 239.316.3004 Cell: 239.272.2372 Fax: 239.307.4839 E-Mail Address: Doucr@tilf iLm.com DETAIL OF REQUEST Interpretation No. INTP-2017-PL-1233 AR- (Please reference the interpretation number that is being appealed) Attach a narrative describing the request,the legal basis for the appeal,the relief sought,including any pertinent information, exhibits,and other backup information in support of the appeal. SUBMITTAL REQUIREMENTS See Chapter 3 A. of the Administrative Code for submittal requirements.The following items are to be submitted with the completed application packet: x Completed application (download current form from County website) x Completed narrative x Electronic copy of all documents,please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: x Appeal of Official Interpretation Fee:$1,000.00 x Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,500.00 10/18/2013 Page 2 of 2 4-/f 7/3)--O0O J Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. Requests for Appeal of Administrative Decision should be addressed to: Growth Management Division/Planning and Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 Narrative For Appeal of INTP-2017-PL-1233 Background Ank Crafts, LLC a/k/a ANKROLAB BREWING COMPANY (the "Brewing Company"), having a Business Mailing Address 3555 Bayshore Drive, Naples, Florida 34113, filed a Site Improvement Plan application on or about July 21, 2016 for a project consisting of"a 6,000 SF bid. renovation for industrial manufacturing of beer and related uses, with site work." "Industrial manufacturing of beer",known as a brewery, is an industrial use falling under the SIC code of SIC 2082 (See, Exhibit"D" to the 01 Application as hereinafter defined). The Brewing Company's Site Improvement Plan application is known as the Bayshore Brew Garden-PL20150002675 ("Site Improvement Application"). Additionally,on June 12,2017,the Brewing Company filed an application for a building permit under PRBD20170622946 to"convert existing commercial building to a brewery and lounge" (the "Building Permit Application"). As of the date hereof, the Building Permit Application has been rejected by Collier County, Florida, and we understand that all proceedings and work pertaining to the Building Permit Application have been stayed pursuant to Sec. 250-59, Laws of Fla. Ch. 67-1246, §17 (the Site Improvement Application and Building Permit Application are collectively referred to herein as the "Project"). The address and parcel numbers for the Project are 3555 &3557 Bayshore Drive&Parcel Number: 618413200001 (the "Property"). We represent 3570 Bayshore Drive, LLC (the "3570 Bayshore Drive"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District-Neighborhood Commercial Sub-district("BMUD- NC)directly across the street from the Property owned by the Brewing Company. The Property has a Collier County, Florida Future Land Use Map("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See,for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation, b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District(C-4)and is further located in the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub-district ("BMUD-NC) as confirmed by the Collier County Zoning Map(See, Exhibit"C"as attached to the OI Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual r� — 1987", in identifying and listing allowable zoning uses. "Industrial manufacturing of beer", known as a brewery having SIC code 2082, is not listed as a principal, conditional or accessory use in either the General Commercial District (C-4) or the Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district("BMUD- NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code. Further, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff, 3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for off-site distribution,sales and consumption, as well as on- site consumption. In view of the Project and the foregoing, 3570 Bayshore Drive filed an application for Official Interpretation ("01 Application") on March 24, 2017 seeking confirmation from the Director of the Collier County Planning and Zoning Department that: (i)"industrial manufacturing of beer and related uses with site work" is not a permitted use of the Property, and (ii) "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. On August 10, 20I7 and in response to the 0I Application, a public Notice of Official Interpretation was issued ("INTP-2017-PL-1233"). INTP-2017-PL-1233 gives the following opinions/interpretations (among others): (i) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD-NC overlay district; (ii) That the brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment (or in this instance beer garden). (iii) The beer produced within the Property will be for on-site consumption and incidental and subordinate to the primary use, drinking establishment, on the Property. a. The subordinate relationship is evidenced by the % of building square footage dedicated for drinking establishment use vs the brewery. b. The subordinate relationship is evidenced by a traffic analysis showing that the brewery would generate 6 percent of the total P.M. peak hour trips. c. The subordinate brewery use is directly related to the drinking establishment as the brewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). d. That a condition of approval, required for INTP-2017-PL-1233, is that "sales of onsite consumption must be maintained at a minimum percentage of 51 ..` percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department." Appeal On September 6, 2017, 3570 Bayshore Drive filed an appeal of INTP-2017-1233. In connection with the same, 3570 Bayshore Drive requests that INTP-2017-1233 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further, in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. Alternatively, and in the event it is determined that a brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment, 3570 Bayshore Drive requests that INTP- 2017-1233 be modified and amended as necessary to confirm the following: (i) The beer produced or manufactured within the Property shall not be for off-site distribution, sales and consumption and shall be manufactured for on-site consumption only and incidental and subordinate to the drinking establishment use on the Property. a. That a condition of approval, required for INTP-2017-PL-1233 (as amended), is that "beer produced or manufactured on the Property shall: (i) not be for off- site distribution, sales and/or consumption, and (ii) be manufacttu-ed/used for on-site consumption only." An accessory use must be both incidental and subordinate to the principal use. See, Section 1.08.02 of the LDC. A brewery is not a permitted type of accessory use on the commercially zoned Property. Further,it is not incidental and subordinate to the drinking establishment.3570 Bayshore Drive disputes the percentage of building square footage dedicated for drinking establishment use vs the brewery as stated in INTP-2017-PL-1233.The intensity of this industrial/manufacturing use is fully incompatible with the commercial use C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. INTP-2017-PL-1233 establishes dangerous precedent that goes well beyond the Property in how it will be applied in the future. In a nutshell, the Brewing Company cannot improperly seek to re-classify a principal use as an accessory use to subvert and undermine Collier County's Comprehensive Plan and LDC. BosiMichael From: Henry Holzkamper <cookingjan@aol.com> Sent: Monday, August 14, 2017 8:49 AM To: BosiMichael Subject: Beer Garden Henry & Jan Holzkamper 12795 Hunters Ridge Drive Bonita Springs, FL 34135 239-777-4777 cookingjan©aol.com 8-14-17 Mike Bosi Planning and Zoning Re: Bayshore Beer Garden I own 30 low cost rental apartments within a few blocks of the proposed project. Beer gardens are not taverns or pubs, but tend to be a place for families and children. They are the poor mans country club. Wholesome with a stake in the neighborhood. Please allow. The Holzkampers BosiMichael "from: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab brewing company Ma k/ 239.252.4446 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. From: Rebecca Beck [mailto:rbeck1229@gmail.com] Sent: Saturday, October 21, 2017 11:43 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Ancrolab brewing company Mr. Strain, I am forwarding my email below to the honorable Commissioners, as it is my understanding you are reviewing the etition. I am not fully educated about why the project is being protested, but wanted to forward my words of support for it to move forward. Thank you! Rebecca Beck Begin forwarded message: From: Rebecca Beck<rbeck1229@gmail.com> Date: October 18, 2017 at 7:04:37 AM EDT To:pennytaylor@colliergov.net, donnafiala@colliergov.net, andysoli@colliergov.net, billmcdaniel@colliergov.net, burtsaunders@colliergov.net Subject:Ancrolab brewing company Dear ) BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:07 AM To: BosiMichael Subject: FW: Ancrolab Brewing Company Mark 239.252.4446 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: nancy maddox [mailto:nanmaddox55@gmail.com] Sent: Sunday, October 22, 2017 9:50 AM To:TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; andysoli@colliergov.net; McDanielBill <BillMcDaniel@colliergov.net>; SaundersBurt<BurtSaunders@colliergov.net>; StrainMark <MarkStrain@colliergov.net> Cc: Rebecca Maddox<rebecca@three60market.com> Subject: Ancrolab Brewing Company Dear Honorable Commissioners, As property/ business owners on Bayshore Dr., we are writing to ask you to support the Ancrolab Brewing Company to be located at 3555 Bayshore Dr. As you know, this property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The SDP has been submitted and approved. Unfortunately the project has been repeatedly delayed which has been emotionally and financially draining on the Kelleys. We hope they will not abandon the project because of this. Therefore we need your support to move this project forward. This project will not only create jobs and be an attraction for Naples, it will also help solidify the growing local community, promote local art, and help in the continuing revitalization of the area. As a business owner here, we know how important bringing other new businesses into the area is if the area is to continue on its path of regentrification. Please help us move this project forward; not to would be a tremendous loss for Bayshore. Business owners and property owners alike are counting on your support as we all know what a great addition this will be to the area. Respectfully, Rebecca and Nancy Maddox Sent from my iPhone 1 BosiMichael from: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab ck/ 23 9.2 52.4446 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. From:Jeanne Jones [mailto:jdcostigan@hotmail.com] Sent: Saturday, October 21, 2017 12:56 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Ancrolab Dear Mr. Strain, -� am writing you to ask you to support the Ancrolab Brewing company(formally Bayshore Brew Garden) to be .ocated at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. I hope the owner will not be forced to abandon the project and therefore needs your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help move this project forward. This would be a tremendous loss for the area. There is support from many neighbors and business owners in the area. Respectfully, Jeanne Jones 81 Seagate Dr, #603 Naples, FL 34103 r-. 1 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Mak 239.252.4446 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. From: Lane Wilkinson [mailto:wlwphotography@gmail.com] Sent: Sunday, October 22, 2017 9:46 PM To:StrainMark<MarkStrain@colliergov.net> Subject: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Dear Mark Strain, I am writing you to ask you to support the Ankrolab Brewering company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Wilkinson Photography 239.822.8704 wlwphotography.com 1 BosiMichael "Grom: StrainMark Sent: Wednesday, October 25, 2017 12:05 PM To: BosiMichael Subject: FW: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Ma/ilk/ 239.252.4446 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. From:Stephan Nedwetzky [mailto:snedwetzky@yahoo.com] Sent: Wednesday, October 25, 2017 11:56 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Begin forwarded message: From: Stephan Nedwetzky <snedwetzky(a?yahoo.com> Subject: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Date: October 25, 2017 at 10:51:39 AM CDT To: pennytaylor a(�colliergov.net Cc: "snedwetzky(cr)yahoo.com" <snedwetzky(@yahoo.com> Ankrolab Brewing Company project, 3555 Bayshore Drive Naples, Florida 34112 Dear Honorable Commissioners, I am Stephan T. Nedwetzky the owner and operator of Pit Commander Barbecue and Texapolitan Pizza (www.pitcommanderbbq.com) in Garland, Texas just bordering Dallas,Texas. Please feel free to go on my FACEBOOK page to read all 4 articles written by Fort Myers NEWS PRESS and NAPLES HERALD. http://www.news-press.com/story/life/food/2016/12/13/pit-com ma nder-bbq-fort-myers-food-truck- barbecue-beef-ribs-brisket-texas-style-restauarant-millennial-brewing-co-brewery/95212380/ https://southwestfloridaforks.blogspot.com/2017/02/a-tale-of-three-naples-barbecues.html?m=1 1 This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward.This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Pit Commander Barbecue and Texapolitan Pizza www.pitcommanderbbq.com Stephan T. Nedwetzky 972-400-0234 3 BosiMichael =rom: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples Ma�1c� 23 9.2 52.4 446 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. From: Laetitia Dawson [mailto:tishdawson@gmail.com] Sent: Sunday, October 22, 2017 3:17 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples Dear Chief Hearing Examiner Strain, As a property owner in the Bayshore area on Coco Avenue, I am writing you to ask you to support the Ankrolab Brewing Company(formally - 8Bayshore Brew Garden)to be located at 3555 Bayshore Drive. As you may know,the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County.The Site Improvement Plan has been submitted and approved. However,the project has been repeatedly delayed, causing emotional and financial losses.We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will contribute to the local community, promote local art and revitalize the area. My family relocated to Naples from California a little over a year ago.After viewing many properties and neighborhoods,we decided to purchase our home in Bayshore because of the exciting renovations and convenient location. Please help us move this project forward to continue to make Bayshore better.This would be a tremendous loss for the area.We have support from many neighbors and business owners in the area. Respectfully, Laetitia Dawson 1 BosiMichael From: StrainMark Sent: Tuesday, October 24, 2017 7:18 AM To: BosiMichael Subject: FW:Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples Mc rki 239.252.4446 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 From: Donna Leahy [mailto:dmleahy6l@gmail.com] Sent: Monday, October 23, 2017 6:50 PM To: SolisAndy<AndySolis@colliergov.net> Cc: TaylorPenny<PennyTaylor@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net> Subject: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples October 23, 2017 r' We are writing you to ask you to support the Ankrolab Brewing company (formally Bayshore Brew Garden)to be located at 3555 Bayshore Drive. Without the addition of breweries and other attractions that are appealing to a younger demographic, Bayshore is destined to remain an underdeveloped area seen simply as a place to put low cost housing away from the sightlines of wealthier county residents. It is already so difficult and costly for any business to be proposed in Collier County and the additional restrictions on the timely development of Bayshore have been an unnecessary burden to a community looking to improve the area.The Ankrolab principles have both the interest and financial basis to see this project to completion. Please give them the support they need to move this project forward. Naples and Bayshore in particular need your support to create the energy needed to attract younger people to live in and take part in the revitalization of the area. Allowing this brewery to move forward is one important step in that process. Respectfully, Dr. and Mrs. Robert Leahy Naples FL 1 BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 9:23 AM To: BosiMichael Subject: FW: Bayshore Microbrewery Mcork/ 239.252.4446 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. From: Dan Maruszcak [mailto:naplescaptain@yahoo.com] Sent:Thursday, October 26, 2017 9:05 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Bayshore Microbrewery Dear Honorable Commissioner, As a local business owner near Bayshore Drive, I am writing you to ask you to support the Ancrolab Brewing .;ompany (formally Bayshore Brew Garden)to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Captain Dan Maruszczak Mariner Services, Inc. 1 BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 4:25 PM To: BosiMichael Subject: FW: Brewhouse Mc 4 k' 239.252.4446 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. From: Chris Boland [mailto:napleskayakchris@gmail.com] Sent:Thursday, October 26, 2017 4:08 PM To:TaylorPenny<PennyTaylor@colliergov.net>; StrainMark<MarkStrain@colliergov.net> Subject: Brewhouse Hi Mark and Penny, We would love to see the brewhouse happen. It would be a huge boost to the area. We are very happy to be a part of the district. Thank you Chris Naples Outfitters on Shadowlawn 1 BosiMichael 'From: StrainMark Sent: Monday, October 23, 2017 12:46 PM To: BosiMichael Subject: FW: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive M curk, 239.252.4446 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. From: Danielle Channell [mailto:danielle.channell@gmail.com] Sent: Monday, October 23, 2017 12:28 PM To:StrainMark<MarkStrain@colliergov.net> Subject: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive Dear Mr. Strain, Below, please find my letter which has been sent to every sitting member of the Collier County Commission. "Thank you for your consideration and your time. As a long time resident of Naples, Florida, I am determined to express my complete support for the completion of Ankrolab Brewing Company(formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive, within the Bayshore Gateway Triangle CRA. As someone who has lived in Naples, Florida for over 20 years, it is excellent to see the current renaissance of Bayshore Drive taking place. A street, which was once known for all things detrimental to society, is now developing a reputation as an Arts District. The completion of Ankrolab Brewing Company will certainly add to this positive direction and create additional opportunities for residents and visitors. Job creation, an increased sense of community and thriving small business are all part of what makes Naples, Florida an amazing place to live. The completion of Ankrolab Brewing Company will certainly expand upon these 3 key factors. The property for Ankrolab Brewing Company was purchased in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. During this approximate two year period, the team of Ankrolab has been stalled and delayed repeatedly, resulting in massive financial and emotional expense. This is too excellent of a business platform for the Bayshore area to just allow all of the hard work and effort to go entirely to waste. Bayshore Drive NEEDS Ankrolab Brewing Company. Upon completion, Ankrolab Brewing Company will provide an additional space for artists to show their works. The beauty of Ankrolab is that it will not be just another craft brewery, but it will also serve as an additional artistic space for art lovers in the Bayshore area. A newly minted Arts District definitely needs all of the artistic space possible. Upon completion, Ankrolab will also be an excellent space to hold events that benefit local harities which are the backbone of community excellence throughout Collier County. 1 In closing, I strongly urge you to vote in favor of all measures for the completion of Ankrolab Brewing Company. Ankrolab is set to be a wonderful asset to the Bayshore Community, both artistically and financially. Ankrolab Brewing Company is exactly what the Bayshore Arts District needs at this point in re-development, in order to lay the foundation for a flourishing future. Any other considerations or motions are terribly short- sighted and will certainly result in the detriment of an area of Naples which is already starting to blossom into beautiful new creation. Please allow the Bayshore Arts District to continue in a positive forward motion with the completion of Ankrolab Brewing Company. Sincerely, Danielle Channell Long-time Neapolitan and Concerned Citizen 2 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 12:46 PM To: BosiMichael Subject: FW: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive M ccv-ki 239.252.4446 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. From: Danielle Channell [mailto:danielle.channell@gmail.com] Sent: Monday, October 23, 2017 12:28 PM To:StrainMark<MarkStrain@colliergov.net> Subject: Completion of Ankrolab Brewing Company at 3555 Bayshore Drive Dear Mr. Strain, Below, please find my letter which has been sent to every sitting member of the Collier County Commission. "Thank you for your consideration and your time. As a long time resident of Naples, Florida, I am determined to express my complete support for the completion of Ankrolab Brewing Company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive, within the Bayshore Gateway Triangle CRA. As someone who has lived in Naples, Florida for over 20 years, it is excellent to see the current renaissance of Bayshore Drive taking place. A street, which was once known for all things detrimental to society, is now developing a reputation as an Arts District. The completion of Ankrolab Brewing Company will certainly add to this positive direction and create additional opportunities for residents and visitors. Job creation, an increased sense of community and thriving small business are all part of what makes Naples, Florida an amazing place to live. The completion of Ankrolab Brewing Company will certainly expand upon these 3 key factors. The property for Ankrolab Brewing Company was purchased in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. During this approximate two year period, the team of Ankrolab has been stalled and delayed repeatedly, resulting in massive financial and emotional expense. This is too excellent of a business platform for the Bayshore area to just allow all of the hard work and effort to go entirely to waste. Bayshore Drive NEEDS Ankrolab Brewing Company. Upon completion, Ankrolab Brewing Company will provide an additional space for artists to show their works. The beauty of Ankrolab is that it will not be just another craft brewery, but it will also serve as an additional artistic space for art lovers in the Bayshore area. A newly minted Arts District definitely needs all of the artistic '"`pace possible. Upon completion, Ankrolab will also be an excellent space to hold events that benefit local .;harities which are the backbone of community excellence throughout Collier County. In closing, I strongly urge you to vote in favor of all measures for the completion of Ankrolab Brewing Company. Ankrolab is set to be a wonderful asset to the Bayshore Community, both artistically and financially. Ankrolab Brewing Company is exactly what the Bayshore Arts District needs at this point in re-development, in order to lay the foundation for a flourishing future. Any other considerations or motions are terribly short- sighted and will certainly result in the detriment of an area of Naples which is already starting to blossom into , beautiful new creation. Please allow the Bayshore Arts District to continue in a positive forward motion with the completion of Ankrolab Brewing Company. Sincerely, Danielle Channell Long-time Neapolitan and Concerned Citizen 2 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:05 AM To: BosiMichael Subject: FW: support the Ankrolab Brewing Company M auk/ 239.252.4446 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. From: amandajaron@gmail.com [mailto:amandajaron@gmail.com] On Behalf Of Amanda Jaron Sent: Saturday, October 21, 2017 11:40 PM To: StrainMark<MarkStrain@colliergov.net> Subject: support the Ankrolab Brewing Company Dear Mr Strain, As a property owner in Bayshore and a business owner on Bayshore Dr, I am writing you to ask you to (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we need your support to be able to move the project forward. This business will not only create jobs and tax revenue. it will also be an attraction point for Bayshore, will stimulate future business growth and continue the progress of revitalizing the area and promote local art Please help us move this project forward. This would be a tremendous loss for both Naples and Bayshore to loose this business. We already have support from many neighbors and business owners, gut desperately need yours! Respectfully, Amanda Jaron www.ajaron.com https://www.facebook.com/a.jaron.jewelry 239-596-8610 A JARON Studio 3784 Bayshore Dr Naples, FL 34112 1/2 mile North of Naples Botanica1 Gardens The GLITTER Foundation,irr, www.theglitterfoundation.org 2 ❑ * '* n r CP b * b * a y ••• 0 o ,4z y z r d b • °11o y * y y 4 y -, * . d • ..q * y d r r * r _• * o a til * CD 'o * C lbcn * _ . *" m g - 0 CA * r� cn * Z * 'rod c' * inn yn • b C *y - , 6� * CM‘I zn l'.-H i F 'Al mS* * n*y r O* ,q x ** - * Am 'p 70 * O an k * : .• - z 4 .,,, * * 0 ❑ ** fD x * ** 3 a - * O xl * '� N Z � F z � '° � z : m * PP J c t 3 i * J * in ri, c * y * * * * * * * * G� * * * * * * * 4. n y GbCI 0 Gy = * � �b n ,-.4 *o rj ❑ •°: 4 5 y 4 d * 9 b tml r * °-y 4 * d Ci O C Ctil * e° bI * O •``f' g *`7 m g * � O *b * .A * � " 11* y C ) G * n >� *ril x* m v z rii ❑ * K 1� * W Y * ,.-7 \ * r = Y * O� m y * c� `up: E--] — g1 ... * * � � * C� *• _1 rl — r' * y \ * m * '* * n z N • gv * a • -1o cp y \ Z z o * * '� { * fi *• � 2 b * 3m ❑ * y x * a c * a o _o * N * in y * z * in * o d * X ►� * * a * ro ti: y z tml C4 * v * y 1P * * * Q * * * C * * * * * �„ N 7:J b F) * - y * ,-. o ii -�'c Z d - rf r y * t- ci O z > m * � IF,- * 1 d a -II o a **� m � * \ , Z 0 * b - t * 't1 : /+ 1 10 trzab ZP : a * O a • �f * m A * 'z 1/4... 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'. * O n .. x h►1 * 70 x ❑ * y "_ J O 4 * Z * - y A y * L - * m • ttp, * n �' Z a x o d 3 z m * ne- g- tt _,. * o z * AGENDA ITEM 3-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9TH, 2017 SUBJECT: ADA-PL20170001829 - BAYSHORE BREW GARDEN SIP- APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the approval of Site Improvement Plan SIP- PL20150002675 for the Bayshore Beer Garden with accessory microbrewery. Per the Collier County Code of Laws and Ordinances, Section 2-87, the Hearing Examiner(HEX) shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use- Neighborhood Commercial zoning district. The section states that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant;and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval of the Site Improvement Plan (SIP) by staff. The issues here are whether the approval of the SIP, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use- Neighborhood Commercial zoning district(C-4-BMUD-NC). Should the HEX determine that the Site Improvement Plan approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use-Neighborhood Commercial zoning district, the HEX may overturn the administrative decision to approve the Site Improvement Plan. Should the HEX find none of the above,the HEX shall accept the administrative approval of the Plan. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive (Parcel No. 6184132000001),Naples, FL, 34112 (Aerial provided for on following page) ADA-PL20170001829 Page 1 of 6 . nom. i � :�� . .. . =' '..4, ,"•••77---144410' v -' V4*_ I { d ,,,: E 1 m 0 i I p„... '-'14'w a i b"A's ri „ -* . - ,. i i iw Napio, ach'=-. " i�rf Ba'y�' C Ot � 1111fi114. LO .71 CONSIDERATIONS: Background On October 2, 2015, the Planning and Zoning Division issued a Zoning Verification Letter (ZVL- PL20150002157,Attachment"A") for the property at 3555 Bayshore Drive, Folio No. 61841320001. Within the ZVL,the following uses were indicated for the property: i) Lounge in which beer,wine and non-alcoholic beverages are to be served; ii) An accessory micro-brewery; iii) Tours of the brewery; iv) Neighborhood gathering place for events such as group parties,trivia nights,bingo,and beer brewing meet ups; v) Bar type table games; vi) Live music performed by small groups of musicians; vii) Food, delivered or carried in,to be consumed on the premises; viii) Sale of pre-packaged food such as nuts and chips; and ix) Sale of tee shirts, caps,and items related to the brewery. The ZVL stated, "Zoning Services Staff is of the opinion that remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge." ADA-PL20170001829 Page 2 of 6 On April 18, 2017, SIP-PL20150002675 was issued an approval letter showing the 6,000 square foot renovation of the building to accommodate a bar/tavern/lounge with accessory microbrewery and associated site work. APPELLANT'S CLAIMS: Appellant states: Within the appeal application, Mr. Lewis states, "On behalf of the Adjacent Owner,we hereby file this appeal pursuant to Section 250-58 based on the following: 1. That "industrial manufacturing of beer and related uses with site work "as described on Exhibit "A"cover letter(attached hereto)as filed by the property owner with its Site Improvement Plan Application is not a permitted use of the Property;and 2. That "industrial manufacturing of beer"is not a principal,accessory or conditional use that can occur on the Property. INDUSTRIAL MANUFACTURE OF BEER Appellant's Position: Appellant States: Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification(SIC) Manual—1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer"or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D"), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4) or the Bayshore Drive Mixed use Overlay District—Neighborhood Commercial Sub-district ("BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly limit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such, we believe that "industrial manufacturing of beer"is not a principal, accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. County's Position: ADA-PL20170001829 Page 3 of 6 A Attachment"s" Co er County Growth Management Department Zoning Services Section October 2,2015 Mr.Adam Kelley 3140 La Costa Circle,Apartment 304 Naples,Florida 34105 Re:ZLTR-PL20150002157;Zoning Verification Letter for 3555 Bayshore Drive, AKA:Parcel 115.2 in Section 14, Township 50 South, Range 25 East, of unincorporated Collier County, Florida. Property JD/Folio Number: 61841320001. Dear Mr.Kelley: This letter is in response to your Zoning Verification Letter Application(ZLTR)dated July 15, 2015, in which you had requested information pertaining to use of the subject property. Accompanying the ZLTR application was the following list of uses: 1) lounge in which beer, wine and non-alcoholic beverages are to be served; ii) an accessory micro-brewery; iii) tours of the brewery; iv) neighborhood gathering place for events such as group parties, trivia nights, bingo, and beer brewingmeet ; ups; v)bar type table games, vi) live music performed by small groups of musicians; vii) food,delivered or carried in,to be consumed on the premises;viii)sale of pre-packaged food such as nuts and chips;and ix)sale of tee shirts,caps,and items related to the brewery. Whereas the subject property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has jurisdiction over zoning and land use issues,the County herewith provides the following. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41 as amended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, shows the subject property has a zoning designation of General Commercial District(C-4)and is further located within the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Subdistrict(BMUD-NC). Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types(as defined within LDC 1.08.00): • Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. • Conditional Use: A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area. Location, or relation to the neighborhood • Principal building,structure,or use: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "Standard Industrial Classification (SIC) Manual — 1987," as published by the Executive Office of the President — Office of Management and Budget; portions of this manual are accessible online via http://wvvw.osha.gov/pls/in'tis/lic Sttanual.html. Staff has determined that the above C Zoning Division•2800 North Horseshoe Drive•Nobs,FL 3,4104.239.252-2400•www.colllergov.net Zoning Verification Letter ZLTR-PL20150002157 Page 2 oft described business use(s) is/are most similar to that of a bar or lounge, SIC 5813. Permitted use #48, within the C-4 district, reads: "Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01." Zoning Services Staff is of the opinion that the remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge. Bars, taverns and nightclubs are listed as permitted uses within the BMUD-NC as well; LDC Section 2.03.07 I.4.b.iii.,Table 1. Please be advised that a brewery (SIC 2082) as a primary use is in fact an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD- NC overlay district; therefore, the described business must be operated in such a way that the micro- brewery is accessory to and supportive of a bar/tavern/lounge and not vise-versa. Additionally, LDC Section 5.05.01 sets forth additional locational restrictions, separation requirements, on businesses serving alcohol(see attached)that have not been yet been verified. Such reviews are typically initiated as part of the Zoning Certificate process that is required prior to the establishment of any business to be operated within Collier County; LDC Section 10.02.06 B.l.f(application attached). Lastly, should there be a change from the existing use of the property, it is likely that the LDC will require site and/or architectural improvements that will necessitate implementation of the Site Development Plan (SDP) review process. Please feel free to contact Chris Scott, Planning Manager,with the Development Review Division at(239)252-2460 for additional information. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. 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. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination,you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact Ms. Maria Estrada — Operations Coordinator, at (239)252-2989. The LDC may be viewed online at :+ Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Courts website,www.colliercierk.conl/Records Search/BMR Records/ Boards, Minutes, Records / BMR Validated Ordinances. Should you require additional information, please do not hesitate to call our office at(239)252-2400. Researched and prepared by: Reviewed by: Jo n A.Kelly,P nner Ray d Bellows,Zoning Manager Zoning Services Section Zoning Services Section -h TRANSPORTATION CONSULTANTS, INC. Attachment A MEMORANDUM TO: Mr. Blair Foley, P.E. Blair A. Foley, PE LLC FROM: Ted Treesh President DATE: July 13, 2016 RE: Bayshore Brewery—PL20150002675 3555 Bayshore Drive Naples, Florida TR Transportation Consultants, Inc. has completed a traffic analysis for the Site Development Plan application for a brewery to be located on the east side of Bayshore Drive in East Naples, Florida. The subject site is located at 3555 Bayshore Drive, approximately three-quarters of a mile north of its intersection with Thomasson Drive in Collier County, Florida. Figure 1 illustrates the approximate location of the subject site. As currently requested, the brewery will occupy an existing building that is currently approximately 6,000 square feet in size. The site will be utilized with approximately 3,845 square feet of floor area for public use (includes approximately 430 square feet of outdoor sitting area) and 2,585 square feet of floor area for the actual brewing operations. Access to the subject site will be provided to Bayshore Drive via one existing right- in/right-out access at the southern entrance and via one existing right-out only access at the northern exit. No food preparation will be provided within the building. EXISTING CONDITIONS Bayshore Drive is a north/south four-lane divided roadway to the north of Thomasson Drive and to the south of US 41. The Level of Service Standard on Bayshore Drive(link #7.0) is LOS "D"or 1,800 vehicles. TRIP GENERATION & DISTRIBUTION The Institute of Transportation Engineers Report titled Trip Generation, 9'h Edition, was referenced to estimate the trip generation for the proposed development. Since ITE does uh Mr. Blair Foley, P.E. TRANSPORTATION Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 2 not contain any use that is similar to the proposed brewery, the building floor area that will be open to public for tasting and consumption of the brewed beers was considered a Drinking Place (Land Use Code 925) and the floor area that will be utilized for the manufacturing of the beer was considered a Light Industrial use (Land Use Code 110). The trip generation equations for Land Use Code 110 and Land Use Code 925 are attached to the end of this document for reference. Table 1 provides a summary of the land uses being applied for as a part of this SDP application. Table 1 Proposed Land Uses Bayshore Brewery Land Use J Intensity Light Industrial 2,585 square feet (LUC 110) Drinking Place 3,845 square feet (LUC 925) Table 2 provides a summary of the trip generation projections for the development as currently proposed. No A.M and Daily trip generation was completed due to lack of data for Land Use Code 925 in ITE.No discount was taken in the trip generation based on the previous use of the existing building as a small engine repair shop. The use has been closed for approximately one year. Table 2 Trip Generation Bayshore Brewery Land Use Weekday P.M.Peak Hour In Out Total Light Industrial 0 3 3 (2,585 square feet) Drinking Place 29 15 44 (3,845 square feet) Net Trips 29 18 47 The trips shown in Table 2 were assigned to the surrounding roadway system based upon the anticipated routes that drivers would utilize to approach the site. Access to the site will be provided via the two existing access drives. The southern access along the south property line is limited to right-in/right-out movements only. The northern site access will be limited to existing movements only. The existing roadway network adjacent to the subject site was utilized to assist in determining the distribution of site traffic. Figure 2 illustrates the anticipated distribution of the project traffic. The project trips were then assigned to the surrounding intersections based upon the anticipated distribution of the project traffic. Figure 2 also illustrates the resulting assignment of the project traffic. TRANSPORTATION Mr. Blair Foley, P.E. Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 3 CONCURRENCY/LEVEL OF SERVICE ANALYSIS In order to determine which roadway segments surrounding the site will be significantly impacted, Table IA, contained in the Appendix, was created. This table indicates which, if any,roadway links will accommodate an amount of project traffic greater than the 2%- 2%-3% Significance Test. Therefore, the net new traffic generated as a result of the proposed development was compared with the Capacity for Peak Hour— Peak Direction traffic conditions as defined by the 2015 Collier County Annual Update Inventory Report (AUIR). From Table 1A, no roadway segments are shown to be significantly impacted by the proposed development. In addition to the significant impact criteria, Table 1 A also includes the concurrency • analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2015 Collier County Annual Inventory Update Report (AUIR). In order to estimate the projected 2018 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes from the 2015 AUIR were adjusted by the appropriate growth rate. The growth rates calculated for the area roadway links are indicated on Table 3A. These projected volumes were then compared with the 2015 existing plus trip bank volumes from the 2015 AUIR. The more conservative of the two volumes was then utilized as the 2018 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2018 background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the net new traffic associated with the proposed development. Based on the information contained within Table 1A, there will be sufficient capacity on the surrounding roadway network to serve the net new trips generated as a result of the proposed development. Figure 3 illustrates the results of the concurrency analysis. Pursuant to the Collier County Construction Standards Handbook, a right turn lane is required on Bayshore Drive at the southern site access drive. However, due to right-of- way constraints on the property to the south, construction of this lane is not feasible. The developer is seeking a waiver from the turn lane requirement. CONCLUSION The development of the proposed brewery located on the east side of Bayshore Drive in Collier County, Florida will not have a detrimental impact on the surrounding roadway system. Bayshore Drive has a sufficient capacity to accommodate the minimal amount of new trips anticipated to be generated by the proposed facility. to c li — . •. 1 : iliii ii I! g,,,, '.C.gF,' .., 1 . ‘!.i-1 AA R RiA I : gr4it 2! I 1-!!iI. ti xs.,• - • x 4-2'2' gw i a I 0 -..t 10 ni i 1 , '.•••.1, c2 • ',' ' •:. •• c ii , ? •::rellikt,''Z'ii' 11111 i > it / I •,. WM% IBM .. Z = i........m. 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Ill 1 ?�'�,�. d p6 ,41l% i gS $11 o 9i B? .ete F Et N1 ',;d a i�?J. s 4 it to q lid if 4 i s ii, Iv 1 fp1 111 3j q I I :ilk 1 to 1 a 1 rl r rt r�q� } 0 11 I, I�►;1I�pd=1�I1 I�1=>>I'N ill 1 1i% Fji F t d:. 119 Ir ko !VW d ail '1li 1111 1 1 1 r1 ifl {{F 11Ir, 1 1 1 gg1ilil 1 rh ` aIA MillMni ��:i 1d , 1 of l: filth ss•_,., 1. m $ g p 1FSY '• E Microbreweries in Collier County Microbrewery/Address Zoning Bone Hook Brewery—1514 Immokalee Road#106 Creekside PUD Business District Riptide Brewing Company—987 3"'Ave Downtown District—mixed use(City of Naples) Marco Island Brewery—1089 N.Collier Blvd. Commercial—4(City of Marco Island) Oil Well Brewery—5334 Ave Maria Blvd.#500 Town Center—mixed use Naples Beach Brewery—4120 Enterprise Ave. Industrial F Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code (IDC), public notice is hereby given of an official interpretation. RE: INTP-2017-PL-1233, OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMINE WHETHER THE "INDUSTRIAL MANUFACTURING OF BEER IS A PRINCIPAL, ACCESSORY OR CONDITIONAL USE THAT CAN OCCUR WITHIN THE COMERCIAL-4 /BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT NEIGHBORHOOD COMMERCIAL ZONING DISTRICT(C-4/Bl1LI} NC) The Collier County Zoning Director has been requested to render an official interpretation for the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district of the Land Development Code and if the industrial manufacturing of beer is allowed as a permitted, accessory or conditional use. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types(as defined within LDC 1.08.00): Accessory use or structure.A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Conditional use. A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number,area,location,or relation to the neighborhood. Principal building,structure,or use.The main or primary use on a lot or parcel,or the building in which the main or primary use is housed or carried out. Within the request for the Official Interpretation,you raise two points: 1. "That industrial manufacturing of beer and related uses with site work as described on the Exhibit "A"cover letter as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property";and 2. "That"industrial manufacturing of beer"is not a principal,accessory;or conditional use that can occur on the Property." Essentially both questions are asking the same, "is industrial manufacturing of beer", allowed within the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district. The first point is directly related to a 2015 Site Improvement Plan (PL20150002675), associated with property at 3555 and 3557 Bayshore Road, which read, "The above referenced project consists of a 6,000 SF building renovation for industrial manufacturing of beer and related uses, with site work." This project description was submitted within the 2015 SIP submittal. Subsequently the project description associated with the SIP was revised to read, "The above referenced project consists of a 6,000 square foot building for a lounge with microbrewery, with site work." Regardless of the revised narrative associated with the SIP,your Official Interpretation focuses on the question, "is industrial manufacturing of beer allowed on the property and within the C4/BMUD-NC zoning district?" The industrial manufacturing of beer,more typically known as a brewery(SIC 2082)as a principal use is in fact an industrial use that is not allowable as aprincipal or conditional use within eitherthe underlying C-4 zoning district or the BMUD- NC overlay district. As noted earlier within this official interpretation, within each zoning district there are permitted uses, conditional uses and accessory uses. The allowance of a microbrewery (on-site brewing of beer) associated with a proposed drinking establishment or in this instance beer garden,is an accessory use that is directly related to the principal use. The beer produced within the establishment will be for on-site consumption and incidental and subordinate to the primary use on the property. The subordinate relationship is reflected in the square footage allocations of the facility. Within the approved SIP (PL20150002675), 3,845 sq. ft. of the 6,000 total sq. ft. is proposed drinking establishment/drinking area or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the establishment's main product of sale(beer). As noted within this official interpretation, the zoning district appropriate for a brewery is Industrial Zoning. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production capacities, demands upon utility infrastructure and distribution capability. A traffic analysis dated July 13, 2016 was completed by TR Transportation Consultants, Inc. Review of the trip generation associated with the beer garden and accessory microbrewery stated that the drinking area would generate 44 P.M.peak hour trips and the microbrewery would produce 3 P.M.peak hour trips,or six(6)percent of the total P.M.peak hour trips. The projected trip split further suggests that the microbrewery is subordinate to the overall operation. Additionally, the 2,585 square feet of the facility dedicated to the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site,with little to no external effect upon surrounding land uses. i _ Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015,prior to the SIP submittal,to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information,exhibits,or other back-up information in support of the appeal. The appeal must be accompanied by a$1,000.00 application and processing fee.(If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan,and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division,Planning and Regulation building at 2800 North Horseshoe Drive,Naples,FL 34104. Please contact the staff member below at(239)252-6819 to set up an appointment if you wish to review the file. Mike Bosi,AICP,Director, Planning and Zoning Department CK# Co County MAY 1,8 2017 .7 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESH. Of&SAF GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED PL2011000 le 2-9 APPLICANT INFORMATION NAME OF OWNER 3570 Bayshore Drive, LLC ADDRESS PO Box 783 CITY Cranford STATE aj zip 07016 TELEPHONE# CELL# FAX# E-MAIL ADDRESS NAME OF AGENT/APPLICANT Douglas A. Lewis FIRM Thompson Lewis Law Film, PLLC ADDRESS 'N 850 Park Shore Drive, Sueffel-A.. aples STATE FloridZIP 34103 TELEPHONE # 239-316-3004 CELL # 239-272-2372 FAX# 239-307-4839 Doug@Tllfirm.com E-MAIL ADDRESS REQUEST DETAIL Appeal of Application No. PL-20l 50002675 (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of$1,000.00 made payable to the Board of County Commissioners. Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015, prior to the SIP submittal, to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a$1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan, and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division,Planning and Regulation building at 2800 North Horseshoe Drive,Naples, FL 34104. Please contact the staff member below at(239)252-6819 to set up an appointment if you wish to review the file. Mike Bosi,AICP, Director, Planning and Zoning Department i IL counselors a 74S I 2'"AvLNui Sou ti TTHOMPSON LEW Sum 103 I s,FL 34102 239 316 3006 OFFICE 239 307 4839 FACSIMILE Ii fi LI IRM C May 17, 2017 VIA HAND DELIVERY Growth Management Division/ Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Re: Appeal of Staff Approval of the Site Improvement Application; 3555 & 35557 Bayshore Drive& Parcel #: 618413200001 (the "Property"); Bayshore Brew Garden— PI,20150002675 ("Site Improvement Plan") Ank Crafts LLC ("Property Owner") To Whom It May Concern: We represent 3570 Bayshore Drive, LLC (the "Adjacent Owner"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC")directly across the street from the Property. which is currently owned by the Property Owner and has an approved Site Improvement Plan, which approval was issued on April 18, 2017, for industrial manufacturing of beer and related uses with site work." We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this appeal. On behalf of the Adjacent Owner, we hereby file this appeal pursuant to Section 250-58 based on the following: 1. That "industrial manufacturing of beer and related uses with site work"as described on the Exhibit "A" cover letter (attached hereto) as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. tilfifli.corn Growth Management Division / Planning and Regulation ATTN: Business Center May 17, 2017 Page 2 By way of background, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map(attached hereto as Exhibit "C"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D"). and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4)or the Bayshore Drive Mixed use Overlay District — Neighborhood Commercial Sub-district("BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly limit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such, we believe that "industrial manufacturing of beer" is not a principal,accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we are also submitting formal objections to the staff related to the Site Improvement Plan Application and comments not included by staff in prior reviews of the Site Improvement Plan Application. If you have any questions regarding this mater, please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dja cc: Mr. James Turri ,B12irA. Foley, P.E. Civil Engineer/Development Consultant July 21,2016 Mr.Renald Paul Collier County Development Services 2800 North Horseshoe Drive Naples,Florida 34104 Re: Bayshore Brew Garden+1-6000 SF existing building renovation with site infrastructure Site Improvement PIan(SIP) Submittal—PL20150002675.Folio 6184320001 3555 Bayshore Dr.,Naples, FL Dear Mr. Paul: The above referenced project consists of a 6000 SF bid.renovation for industrial manufacturing of beer and related uses,with site work. The project is located on a 4-1- 1.05 ac: site on Bayshore Dr. Please find the attached data to process this SIP: 1. Review Check and fee worksheet. 2. 6 SIP sets,signed and sealed. 3. 1 SIP applications. 4. 1 Cover Letters. 5. 6 Landscape/irrigation plans. 6. 6 Aerial photographs in SDP set. 7. 6 Floor plans,elevations,rendering wi architect's color representations. 8. 6 Boundary surveys, including one signed and sealed. 9. 1 Warranty Deeds. 10. Irrigation and water meter sizing form,not required as it is City of Naples water. 11. 2 Sealed cost estimates for utility and paving,grading and drainage. 12. Property Ownership/Agent Authorization. • 13. 1 Engineer's Report,signed and sealed. 14. TIS attached,on the CD. 15. CD's of plans in pdf and dwg,and other project data. 16. 1 Engineering,and Utility checklists. 17. 2 COA applications. 18. Fire Variance for driveway width. Thank you for processing this request. Please call if you have any questions. Sincerely, l Blair A. 'ley,PE • President Blair A.Foley, P.E. • 120 Edgemere Way Som-h •Naples, Florida 34105 239.263.1222 • Fax 239.263.0472• Cellular 239.289.4900• r nail• fOls000@aoLcom Exhibit "A" Zoning Map http://colliercountygmd.maps.arcgis.com/apps/webappviewer/index... CounZY Zoning Map with Wen A oBuilc{er for ArcGlS I3555 bayshore X Q Snow search results for 3555&�yshose ,. 9 v,..�ura'r�.-_� pr i I cExcp: i' 111 27�` '�h� 2?2 27. Sim 2,3O Zoning*_ ' F-6-BMU4 tau T: u s -MUi u �.. �� - R:2 Y Wind Load Cate€iol-r2 - _::*on!n•. 4-BMUD-N*; - 166 :n p1 75 { • ..n ....r -\. aEr rann• ; :`.F . 1 .1-M421 _,.-,_ i _ 441 -:,,, _;a Tc ,C 7E4 6:2, 2:,,,4 _ fib_ /•i -81.771 26.122 Degrees Exhibit "B" Page 1 of 2 iofl 1/25/17,5:18 P:' - g g i'S 6.Z 1 O Sill: iti, Fall p 2: W r1/ r . mosaffigf11111111 , ..E. ., . Ole 'AIM t NW sr 4 i r 1 tPauti, X17,, hi,. .A, 001 ( 8 0. O 10II Wit` MEW,and miardwrillo. ,,..r :a 1 at .ate. l :..•_ Baa ;aN z,, . 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Ui g 11111 11111111111111,41:15 S It 1111 § 'yy') 6 1 S KSS uszt v~i= , I < Z 1 i 11 i 't 1111 I Olen*eouO i¢ s , jof uc u osbo tpao JO ?!.101214 Sui7Du5Issa s»nos Alum*I 2j3Hi0 �NiNOZ NO SV�32� iS d� IoI�'1fo 014 0.10 w.( o se711!go4oud Icaibo1oocyay/3No2s4H s41 • SIC Code 2082 Malt Beverages -- • Classification/ • Manufacturing,/ • Food and Kindred .../ • Bevera2es • Malt Beverages Industry Manufacturing Description Establishments primarily engaged in manufacturing malt beverages. Cross References Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. 2of5 3/24/17,5:071 Illustrative Examples .Ale .Beer(alcoholic beverage) .Breweries .Brewers'grai n *Liquors,malt •Malt extract,liquors,and syrups .Near beer .Porter(alcoholic beverage) .Stout(alcoholic beverage) Ale Beer(alcoholic beverage) Breweries Brewers'grain Liquors,malt Malt extract,liquors,and syrups Near beer Porter(alcoholic beverage) Stout(alcoholic beverage) Sample Business Listings Exhibit "C" BosiMichael From: Henry Holzkamper <cookingjan@aol.com> Sent: Monday, August 14, 2017 8:49 AM To: BosiMichael Subject: Beer Garden Henry & Jan Holzkamper 12795 Hunters Ridge Drive Bonita Springs, FL 34135 239-777-4777 cookingjangaol.com 8-14-17 Mike Bosi Planning and Zoning Re: Bayshore Beer Garden I own 30 low cost rental apartments within a few blocks of the proposed project. Beer gardens are not taverns or pubs, but tend to be a place for families and children. They are the poor mans country club. Wholesome with a stake in the neighborhood. Please allow. The Holzkampers BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab brewing company NI curl(' 23 9.2 52.4446 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. From: Rebecca Beck [mailto:rbeck1229@gmail.com] Sent: Saturday, October 21, 2017 11:43 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Ancrolab brewing company Mr. Strain, I am forwarding my email below to the honorable Commissioners, as it is my understanding you are reviewing the petition. I am not fully educated about why the project is being protested, but wanted to forward my words of support for it to move forward. Thank you! Rebecca Beck Begin forwarded message: From: Rebecca Beck<rbeck1229@gmail.com> Date: October 18, 2017 at 7:04:37 AM EDT To: pennytaylor@colliergov.net, donnafiala@colliergov.net, andysoli@colliergov.net, billmcdaniel@colliergov.net, burtsaunders@colliergov.net Subject: Ancrolab brewing company Dear 1 BosiMichael ^From: StrainMark Sent: Monday, October 23, 2017 8:07 AM To: BosiMichael Subject: FW: Ancrolab Brewing Company Mark 239.252.4446 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: nancy maddox [mailto:nanmaddox55@gmail.com] Sent: Sunday, October 22, 2017 9:50 AM To:TaylorPenny <PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; andysoli@colliergov.net; McDanielBill <BillMcDaniel@colliergov.net>; SaundersBurt<BurtSaunders@colliergov.net>; StrainMark <MarkStrain@colliergov.net> Cc: Rebecca Maddox<rebecca@three60market.com> "subject: Ancrolab Brewing Company Dear Honorable Commissioners, As property/ business owners on Bayshore Dr., we are writing to ask you to support the Ancrolab Brewing Company to be located at 3555 Bayshore Dr. As you know, this property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The SDP has been submitted and approved. Unfortunately the project has been repeatedly delayed which has been emotionally and financially draining on the Kelleys. We hope they will not abandon the project because of this. Therefore we need your support to move this project forward. This project will not only create jobs and be an attraction for Naples, it will also help solidify the growing local community, promote local art, and help in the continuing revitalization of the area. As a business owner here, we know how important bringing other new businesses into the area is if the area is to continue on its path of regentrification. Please help us move this project forward; not to would be a tremendous loss for Bayshore. Business owners and property owners alike are counting on your support as we all know what a great addition this will be to the area. Respectfully, Rebecca and Nancy Maddox Sent from my iPhone BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:17 AM To: BosiMichael Subject: FW: Ancrolab ark/ 239.252.4446 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released it response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. From:Jeanne Jones [mailto:jdcostigan@hotmail.com] Sent: Saturday, October 21, 2017 12:56 PM To:StrainMark<MarkStrain@colliergov.net> Subject: Ancrolab Dear Mr. Strain, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. I hope the owner will not be forced to abandon the project and therefore needs your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help move this project forward. This would be a tremendous loss for the area. There is support from many neighbors and business owners in the area. Respectfully, Jeanne Jones 81 Seagate Dr, #603 Naples, FL 34103 1 BosiMichael =rom: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Mak/ 23 9.2 52.44-46 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. From: Lane Wilkinson [mailto:wlwphotography@gmail.com] Sent: Sunday, October 22, 2017 9:46 PM To: StrainMark <MarkStrain@colliergov.net> Subject:Ankrolab Brewering Company project, 3555 Bayshore Drive, Naples Dear Mark Strain, am writing you to ask you to support the Ankrolab Brewering company (formerly Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Wilkinson Photography 239.822.8704 wlwphotography.com BosiMichael From: StrainMark . Sent: Wednesday, October 25, 2017 12:05 PM To: BosiMichael Subject: FW: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza McL k' 239.252.4446 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. From: Stephan Nedwetzky [mailto:snedwetzky@yahoo.comj Sent: Wednesday, October 25, 2017 11:56 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Begin forwarded message: From: Stephan Nedwetzky <snedwetzky(a�yahoo.corn> Subject: Ankrolab Brewing Co. - Pit Commander Barbecue and Texapolitan Pizza Date: October 25, 2017 at 10:51:39 AM CDT To: pennytaylor(a�colliergov.net Cc: "snedwetzkyRyahoo.com" <snedwetzky(a�yahoo.com> Ankrolab Brewing Company project, 3555 Bayshore Drive Naples, Florida 34112 Dear Honorable Commissioners, I am Stephan T. Nedwetzky the owner and operator of Pit Commander Barbecue and Texapolitan Pizza (www.pitcommanderbbq.com) in Garland, Texas just bordering Dallas,Texas. Please feel free to go on my FACEBOOK page to read all 4 articles written by Fort Myers NEWS PRESS and NAPLES HERALD. http://www.news-press.com/story/life/food/2016/12/13/pit-comma nder-bbq-fort-myers-food-truck- barbecue-beef-ribs-brisket-texas-style-restauarant-millennial-brewing-co-brewery/95212380/ https://southwestfloridaforks.blogspot.com/2017/02/a-tale-of-three-naples-barbecues.html?m=1 1 This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward.This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Pit Commander Barbecue and Texapolitan Pizza www.pitcommanderbbq.com Stephan T. Nedwetzky 972-400-0234 3 BosiMichael From: StrainMark Sent: Monday, October 23, 2017 8:16 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples a,vck/ 239.252.4446 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. From: Laetitia Dawson [mailto:tishdawson@gmail.com] Sent: Sunday, October 22, 2017 3:17 PM To: StrainMark <MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Project, 3555 Bayshore Drive, Naples Dear Chief Hearing Examiner Strain, As a property owner in the Bayshore area on Coco Avenue, I am writing you to ask you to support the Ankrolab Brewing Company(formally Bayshore Brew Garden)to be located at 3555 Bayshore Drive. As you may know,the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County.The Site Improvement Plan has been submitted and approved. However,the project has been repeatedly delayed, causing emotional and financial losses.We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will contribute to the local community, promote local art and revitalize the area. My family relocated to Naples from California a little over a year ago.After viewing many properties and neighborhoods,we decided to purchase our home in Bayshore because of the exciting renovations and convenient location. Please help us move this project forward to continue to make Bayshore better.This would be a tremendous loss for the area.We have support from many neighbors and business owners in the area. Respectfully, Laetitia Dawson 1 BosiMichael ^From: StrainMark Sent: Tuesday, October 24, 2017 7:18 AM To: BosiMichael Subject: FW:Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples M c+4 k/ 239.252.4446 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. From: Donna Leahy [mailto:dmleahy6l@gmail.com] Sent: Monday, October 23, 2017 6:50 PM To: SolisAndy<AndySolis@colliergov.net> Cc: TaylorPenny<PennyTaylor@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net>; StrainMark <MarkStrain@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net> Subject: Ankrolab Brewing Company project, 3555 Bayshore Drive, Naples --.---)ctober 23, 2017 We are writing you to ask you to support the Ankrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. Without the addition of breweries and other attractions that are appealing to a younger demographic, Bayshore is destined to remain an underdeveloped area seen simply as a place to put low cost housing away from the sightlines of wealthier county residents. It is already so difficult and costly for any business to be proposed in Collier County and the additional restrictions on the timely development of Bayshore have been an unnecessary burden to a community looking to improve the area.The Ankrolab principles have both the interest and financial basis to see this project to completion. Please give them the support they need to move this project forward. Naples and Bayshore in particular need your support to create the energy needed to attract younger people to live in and take part in the revitalization of the area. Allowing this brewery to move forward is one important step in that process. Respectfully, —Dr. and Mrs. Robert Leahy Naples FL 1 BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 9:23 AM To: BosiMichael Subject: FW: Bayshore Microbrewery PI ark, 239.252.4446 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. From: Dan Maruszcak [mailto:naplescaptain@yahoo.com] Sent:Thursday, October 26, 2017 9:05 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Bayshore Microbrewery Dear Honorable Commissioner, As a local business owner near Bayshore Drive, I am writing you to ask you to support the Ancrolab Brewing company (formally Bayshore Brew Garden) to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area.We have support from many neighbors and business owners in the area. Respectfully, Captain Dan Maruszczak Mariner Services, Inc. 1 BosiMichael From: StrainMark Sent: Thursday, October 26, 2017 4:25 PM To: BosiMichael Subject: FW: Brewhouse M crk/ 23 9.2 52.4446 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. From: Chris Boland [mailto:napleskayakchris@gmail.com] Sent:Thursday, October 26, 2017 4:08 PM To:TaylorPenny<PennyTaylor@colliergov.net>; StrainMark<MarkStrain@colliergov.net> Subject: Brewhouse Hi Mark and Penny, We would love to see the brewhouse happen. It would be a huge boost to the area. We are very happy to be a part of the district. Thank you Chris Naples Outfitters on Shadowlawn 1 Bayshore Beer Garden Petition No. PL21070003285 -- Appeal of INTP-PL20170001233 & Petition No. PL21070001829 — Appeal of Site Improvement Plan- SIP-PL20150002675 October 9,2017(Items 3B and 3C) 1. Site Maps 2. Comprehensive Plan Future Land Use Map 3. Zoning District Map Book 4. Comprehensive Plan 5. LDC, 1.08.00--Definitions 6. LDC, 2.03.03D.—General Commercial District(C-4) 7. LDC, 2.03.07 I.—Bayshore Mixed Use Overlay District(BMUD) 8. Misc. LDC provisions. 9. October 2, 2015 ZLTR-PL20150002157—Zoning Verification Letter 10. Approved Site Improvement and Architectural Alternative Design Documents 11. Appeal of Administrative Decision on SIP—filed May 17, 2017—ADA-PL20170001829 12. Staff Report on SIP Appeal-ADA-PL20170001829(circulated by staff and part of agenda back- up) 13. Request/Application for 01—filed March 31,2017 14. Notice of Official Interpretation by County Staff-dated August 10, 2017 15. Appeal of Official Interpretation 16. Staff Report on Official Interpretation Appeal -AOI-PL20170003285 (circulated by staff and part of agenda back-up) 17. Applicable SIC/Use codes 18. Notice for August 23, 17 Appeal before the BCC &objections to proposed notice 19. Notices for November 9, 2017 appeals/hearing&objections to proposed notices 20. Email with Attorney for Property Owner Regarding Off-site Distribution of Beer&Emails with Staff regard ng request for documentation pertaining to SIP Use Classification 21. Emails with Staff on Proposed SIP Conditions and OI Revisions and Pre-Appeal Procedural Objections 22. Applicable Caselaw&Attorney Affidavit/CVBIO 23. Conflict between Official Interpretation and Zoning&Land Development Staff Clarification SC 06-05. 24. CVBIO on G. Stuart { C COLLIER CO. GROWTH MANAGEMENT PLAN & FUTURE LAND USE MAP t I ` Subject Property is designated as Urban Coastal .4 v '..:.*. Fringe Subdistrict (A.3) within the Urban Mixed �• ' ,;��; Use district; it is also included within the Bayshore � *;..;$ Gateway Triangle Redevelopment Overlay. r+ * Future Land Use Plan Element F. Bayshore ' 1. n,a ';� 4, ""e* w...m. Gateway Triangle Redevelopment Overlay_ *+1 " . The Plant intent is to provide incentive for private4411 e # � ' sector investment by allowing for additional ',44 neighborhood commercial uses and higher ' „-- *'--- ' residential densities. The element does not 1" '� identify Manufacturing and Industrial as permitted PA . f uses. x *� - ;;. * Subpara. 1 Mixed-Use Development _A mix l ' , � � f / of residential and commercial uses are permitted R. „' -`. " 1 ` using C-1 through C-3 zoning district uses and to i ° *44:" ,� fid be pedestrian oriented for nearby residents to .- * access commercial uses without traveling onto `. � j .' onto major roadways. x . 5-44# # ... t * Industrial Use - Manufacturing of Beer_such ' * ' '- a use is permitted in Urban Industrial (Urban r' ' Designation 14), Urban Commercial and select Itti Interchange Activity Centers. It is not permitted in the Urban Coastal Fringe subdistrict, the t _ Gateway/Triangle Overlay and its Mixed Use ,s47 �� Activity Center subdistrict. ;‹ * '''s s z.:,,,,,,„\ ##\,:s„,\\ 4.4 } tirni Afloi it s �j Approx.Location Bayshore ‘ ,,,"$t t .; . "` Brew Garden a, O` 3555&3557 Bayshore Dr N,--......04c N*4\ ci?\ *„..\\:,„N.',', 4,4 Wi '' . ... t Rayshore Brew Garden Location Map w./County Future Land Use Map Exhibit . (AOI-PL-20170003285) and SIP (ADA-PL-20170001829) Appeal Prepared for: Douglas Lewis, Esq. Stuarta dAssoc Ates Greg@Stuarturbandesign.com www.stuarturbandesign.com COLLIER CO. ZONING MAP W./LDC NOTES 24.81 AC n * Property owner cannot establish itl§ desired SIP Uses under I, .. i , _, - -..,---i_ BMUD-NC Table of Uses (Permitted, Accessory & Conditional). "2a"" . r-' ..,,0.01 AC:1. .- 2'6.12 AC. "'— .i 40.67 AC — ,.n * BMUD 2.03.07I.4a.i BMUD-NC intent is to encourage a mix .,i, _ ; 1p972 AC -. of [Vow intensity commercial and residential usesE. i S 1 I s "a' -1 L. _ �s�"sl we ' * BMUD _2.03.071.4b.i(d) Retail and Restaurant LPremises 1 available for commercial sale of merchandise, prepared foods, S .... L 896 AC. & food and drink consumption, but excluding manufacturingE. _.._ 47.43 AC..:, 47301G * Wholesale & BMUD-NC_2.03.071.4b.i(f) Manufacturing, 5797 AC t-� l Storage LPremises available for the creation, assemblage, .� _� storage, and repair of items, including their wholesale or retail T o; r°� saleE. BMUD-NC permissible non-residential accessory use '. ... i-1 � 2173 AC. i �.) 1\-L--i \ l_ restricted to Outdoor Storage; all other accessory uses under 9 r. ., _� 2993 Ac:1- �� iN: BMUD NC are prohibited.- ( 26'4AC 1i 45 AC * BMUD-NC_2.03.071.4b.iii Table of Uses _ Permitted 4544 AC. 1 -- Et �- Manufacturing Uses: Laboratory, Laundries & Dry Cleaning, 76 ', Bayshore/Gateway . ,__w'43 AC—1 Media Production, Metal Products Fabrication, Repair Shops & Triangle Communit - ,-QAC - — R & D. Accessory Uses: Outdoor Storage; manufacturing of Redevelopment `3°" ,n_ 4553 AC!^: 995A beer is not a Permitted, Accessory or Conditional Use. Area w./Zoning (....2 a,Rc`sc Districts - .: :1{ 7P *The Property Is Zoned C-4 Within Bayshore Mixed Use Overlay t?'___639AC_ District Neighborhood Commercial Subdistrict (BMUD-NC). -.. . 21.300A A,.. n �- 1 0 * Subject property SIP is for SIC Code 5813 Drinking Places 7'8'77AC ' _10.62 AC -- p h Y 1:,,, use in accordance with the underlying C-4 district & not -, 30,,Ac the BMUD-NC Subdistrict. Note by definition, 5813 is Lfor I , __ consumption on premiseE; public distribution excluded from - i • regulatory definition. Bayshore Brew Garden 4•.- -1. -.1-,.-., it . N8 -___.,414,...11,1- e t.ssA a '' ., lug TSi)1...." iii „flip! --.', W`7-ral-: .„sk? : i, „.:, f� Y s ' Bayshore Brew Garden - .dam •. *Yal b..." .. -. - 3555&3557 Bayshore Dr i'.1.7 i�yM xS _ T // * -1.• . A s ,!Y ' .Barrett t,re.- t''44'e• "� .. i1":kA. •,,,\, ' R # . Note the lack of commercial f .yY..yX - �' ;*'�""*�` ",,.* ~_ *� .,� - road visibility and traffic _' �.4 -. , B _';*° typically required for eating • t j cu ifl ra�da--f : ,. = '� ; ,",- •� 3 4 and drinking establishments. p1l alae^()r-.....�....__.�- V '66da-.nu 3t " '. Pgyshore Brew Garden Location Map w./County Zoning & LDC Exhibit L. (AOI-PL-20170003285) and SIP (ADA-PL-20170001829) Appeal Prepared for: Douglas Lewis, Esq. NStua. rt,ancAssoc ates Greg@Stuarturbandesign.com www.stuarturbandesign.com o rii S s '? "fir ! c h #4`;e &" 3 a JSP' y, $ `@^`"' � TIT A n r e; "d. -, 44, fir- -3,1 .i WO fie$. EtH N . ( _,.... .,,,,,,..„.. ..„....,, ,..„ ,, i , O 1 k it 3 - (� f #�+ r f 21'''' 'L, R P r ,,, N #� i',.�a...;., xp� � a F'N r, .. y L ge'"' t4...l O ,(q r p 3 'Rix cyd+ '� 4- y itoh 0 i ,V E3 20-nvr � cootnz ; �m ,"acn� � C Qocn�ti h w- �rcI B .' o a 0o mzy_ oDo tT, cn 1 co 11 fl ZZ Z 8Orn .4 Gy c v n �'71 o ,�1,< „4 Cn 70 ooj "c" ' ? a a mr—ir Om o m CA 0 0 /y. 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' Mil: 13. 1 I WON WOW ��.. .x,� MNT . w mum muiLPIT _ 11 NI ETC' El 401 Illitimm 2 E 9.up -1-1 ° .0 UM •MINIMIN IIIMi y�� P ==4"MI,... ea _ r 1•a_k.s.I�I.i-y1,a ■of i o_ , o p d ��s's IIIII 3 MI> p hi ■i C r NEW MOON CT. ��Y S'Q-- __• i ri'ii ... O �� iS °o! ,,,,,,... CANAL STREET • A HARVEST CT. � =11�111�ii z 5 -9 s c N 3 OD13N Zoning Map http://colliercountygmd.maps.arcgis.com/apps/webappviewer/index... Cogi, e''CouHty Zoning Map with Web AppBuilder for ArcGIS 3555 bayshore Q , X ,,., Sti 299.1 ct g , UnrtC°,:-',--'1%, a Show search results for 3555(bayshore 4; ,I, /, r 2991 in .. - ''..:;:t:,- 5 Unit B. • Excp: MUP Exc - MUP 7' '' �,� t+ `' ;•s ...00th fey a ,-;,..e;� CF stet_ 1 1111 273 , 1'78 w . '1 `` 3000 ,' 27Z` 1759 X177 wg.` Clnit,l1U�i.t ,: � '� ,-fi ' w $z , 5",� 7a0 � t�EF1{E.R knife 3001 Unita 0. 670 Aka-. 24:� 2730 27511 , ; ,.-. <i ,3��'. 35044 L1ntt 2?ws�a Unit BLDG I ,3508 Zoning: MF-6 BMUDR224� •�'' 35;5'[knits°CSG 3. 2760 ��° � »,':%r` �r , r°,o e,: r S_ �tA o- "; Jw7(H"'w1' Ie p T Ov hay+: B64BD gt0 , 7c1/wriasi,, ,, /` 4. ' w R 25 ' 121$1WO I 280 r t1ni '17f Wind Load Category 2: `K--- n!t2., y 9MUD iil 166 mph 23 3127 A I 27892�7ths 4 i �r -. 2725275J, + $119 l c 277 <:_ Y Zoning: RMF---BMUD-R1 't520,';'' ""w } F_ s24_ 9''' 367,5 4 ==;-, ,297k1 §?(+1 ,,, ,1 ., 1761 ,80=1 21:1 /' �lWe ,:. ' , 295t}2 SiL - J1;)f ;fr "" 7u5 ,' :• • X77 cj ,,:, RFs . s.}';X ' 766 ., J �s CouI Nt. : 17r../ vtbo.t--- `lp'�""'4- 2 -81.771 26.122 Degrees of 1 1/25/17.5:18 PM Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 0 I. OVERVIEW A. PURPOSE (VII) The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for: protection and management of natural resources; public facilities; coastal and rural development; and, housing and community character and design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose of the Future Land Use Element is to guide decision-makig by Collier County on regulatory, financial and programmatic matters pertaining to land use." Most directly,this Element controls the location, tyke, intensity and timing of new or revised uses of land./The land use strategy in this Element is closely coordinated with a strategy for provision of public facilities as found in the Capital Improvement and Public Facility Elements of the Comprehensive Plan, and with the strategies to protect and conserve natural resources as found in the Conservation and Coastal Management Element. B. BASIS [reflects merger of Ordinance No. 2002-32 and 2002-54] (VII) This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. Moreover, this Element includes a strategy for the protection of natural resources and agri-business in the Rural Fringe Mixed Use District [and] i, Rural Lands Stewardship Area by employing various regulations and incentives to direct incompatible land uses away from such natural resources and to enhance the economic viability of agri-business. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. (XXX) The State Comprehensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Community Planning Act" provides detailed requirements on the scope and content of the Element. (VII) Finally, major contributions to this Element have been provided by the public through the following: • Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, • The Rural Fringe Area Oversight and Eastern Lands Area Oversight Committees; • The Environmental Advisory Council; • The Collier County Planning Commission, which is the local planning agency; and, • Other groups and individuals, through both written and verbal input, at, or as a result of, hundreds of duly advertised public workshops and meetings. p. (XXX)=Plan Amendment by Ordinance No.2013-14 on January 8,2013 1 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 (XV)(XLIV) Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. (VI I)(IX)(XXX)(XLIV) Policy 5.5: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban on the Future Land Use Map; requiring that any additions to the Urban Designated Areas be contiguous to an existing Urban Area boundary;and, encouraging the use of creative land use planning techniques and innovative approaches to development in the County's Agricultural/Rural designated area, which will better serve to protect environmentally sensitive areas, maintain the economic viability of agriculture and other predominantly rural land uses, and provide for cost efficient delivery of public facilities and services. (XV)(XLIV) Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). (VII)(IX)(XV)(XLIV) Policy 5.7: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses, the Rural Settlement District(formerly known as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new areas. (VII)(IX)(XLIV) Policy 5.8: Permit the use of clustered residential development, Planned Unit Development techniques, mixed-use development, rural villages, new towns, satellite communities,transfer of development rights, agricultural and conservation easements, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow and encourage such innovative land development techniques. (XLIV) Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. (XV)(XLIV) Policy 5.10: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Home, shall be allowed within the Urban designated area, and may be allowed in other future land use designations, subject to the definitions and regulations as outlined in the Collier County Land Development Code(Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six(6) persons, shall be permitted in residential areas. (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 2 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (XXX) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (XV)(XLIV) Policy 7.5: '0"....? The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This Policy shall be implemented through provisions in specific Subdistricts in this Growth Management Plan. Policy 7.6: The County shall explore the creation of an urban "greenway" network along existing major canal banks and powerline easements. (XXX) Policy 7.7: The Growth Management Division will continue to research smart growth practices in an effort to improve the future of Collier County by specifically addressing land use and transportation planning techniques for inclusion in future land development regulations. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 3 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. (XV) I. URBAN DESIGNATION Urban designated areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban designated areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly,the Urban area will accommodate residential uses and a variety of non-residential uses. The Urban designated area, which includes Immokalee, Copeland, Plantation Island, Chokoloskee, Port of the Islands, and Goodland, in addition to the greater Naples area, represents less than 10% of Collier County's land area. The boundaries of the Urban designated areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban designated areas will accommodate the following uses: (IV) a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, Subdistricts and Overlays that follow, except as allowed by certain policies under Objective 5. b. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code; 2. Parks, open space and recreational uses; (XII)(XV) 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 10.1 and subsequent policies and the Collier County Manatee Protection Plan (NR-SP-93-01), May 1995); 4. Child care centers; (I)(XV) 5. Community facilities such as churches, group housing uses, cemeteries, schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil extraction, and related processing; 9. Agriculture; (XV)=Plan Amendment by Ordinance No.2007-18 on January 25,2007 4 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 (V) 10.Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Transportation Element, direct principal access defined as a driveway and/or local roadway connection to the arterial road, provided the portion of the local roadway intended to provide access to the RV park is not within a residential neighborhood and does not service a predominately residential area; and (c) The use will be compatible with surrounding land uses. (XV) 11. Support medical facilities — such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies — provided the dominant use is medical related and the site is located within 1/4 mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-term leased facility due to the potential for relocation. (I I)(IV)(V)(VI)(XI)(XIV)(XV)(XIX)(XXVI)(XLI)(XLI I I) 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict,Vanderbilt Beach Road Neighborhood Commercial Subdistrict, Vincentian Mixed Use Subdistrict, Davis — Radio Commercial Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict, Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict, in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. (XV) 14. Industrial uses subject to criteria identified in the Urban - Industrial District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (IV)(XV) 15. Hotels/motels as may be allowed in various Subdistricts and Overlays, and by certain FLUE Policies. (XLIII)=Plan Amendment by Ordinance No.2016-15 on May 24,2016 5 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. 17. Research and Technology Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Commercial District and Urban-Industrial District. A. Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. (XXXVII) Water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities,fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use shall be encouraged to use the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas and to assure compatibility with surrounding land uses. Note: Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the following zoning districts: Rural Agricultural(A), Residential Single Family(RSF 1-6), Residential Multiple Family(RMF-6, 12, 16), Residential Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas are a permitted use in the Commercial (C-3) and Commercial (C-4) Districts. Marinas are permitted as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional use in the Community Facility (CF) District. Boat yards and marinas are permitted as a conditional use in the VR District. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. (XXXVII)=Plan Amendment by Ordinance No.2015-08 on January 27,2015 6 • Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 CTHE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA,AND; THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SOUTHWEST 1/4 LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23,TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA,AND; THE NORTH 1/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST % OF THE SOUTHWEST 1/4, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, CONTAINING 55 ACRES, MORE OR LESS. (IV)(XI)(XV)(XXI)(XXXVI I) 3. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US 41, generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises approximately 11,354 acres and 10% of the Urban Mixed Use District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation designated area, residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfers of Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. (XI)(XV) 4. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses of the type identified in"c"below, and will reserve land within the industrially designated areas for industrial uses. Similarly, Business Parks shall be permitted to include up to 30% of the total building square footage for non-industrial uses of the type identified in Paragraph c below. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance or rezone ordinance so as to demonstrate compliance with this requirement. (XXXVII)=Plan Amendment by Ordinance No.2015-08 on January 27,2015 7 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. (XV)(XXXI I)(XLIV) 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard,Airport- Pulling Road (west side only)or US 41 East, may be allowed to redevelop as a residential- only project at a maximum density of eight (8) residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units—25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. (XV)(XXXII) 6. For parcels currently within the boundaries of Mixed Use Activity Center#16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. (XV) 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. (XV)(XXXI I)(XLIV) 8. To qualify for twelve(12)dwelling units per acre, as provided for in paragraph no.4 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. (XXXII)(XLIV) 9. For density bonuses provided for in paragraphs nos.4 and 5 above, base density shall be per the underlying zoning district. The maximum density of twelve (12) or eight (8) units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 9 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 (XV)(XXXII) 10. Only the affordable-workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. (XV)(XXXII)(XLIV) 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs nos. 4 and 5 above. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The"mini triangle"catalyst project is not subject to this density bonus pool. (XV)(XXXII) 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. (VIII) G. URBAN-RURAL FRINGE TRANSITION ZONE OVERLAY Sections 13, 14, 23, and 24,Township 48 South, Range 26 East consisting of+2,562 acres which overlap the Urban and Agricultural/Rural boundary line, north of the intersection of Immokalee Road and County Road 951, are under common ownership and through comprehensive planning may resolve potential local land use conflicts and provide for the realization of unique regional environmental opportunities. Among the causes of potential land use conflicts are the abrupt transitionless switch from urban densities (4+ units per acre) in Section 23 to rural densities (1 unit per 5 acres) in Sections 13, 14 and 24, and the continuation of earth mining in an increasingly urbanized residential area. Under existing permits from the U.S. Army Corps of Engineers (USACOE) and Florida Department of Environmental Protection, a total of+1,700 acres in these four Sections have been or may be mined. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. Sections 13, 14 and 24 in the Agricultural/Rural Area contain large wetland areas in the north, which are contiguous to wetlands proposed for the Cocohatchee West Flowway and are slated for acquisition by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. These wetland areas extend in a contiguous fashion south into Section 23 in the Urban Area, in close proximity to the Mixed Use Activity Center quadrant designated within this Section. To resolve potential land use conflicts and protect environmental resources, an Urban-Rural Fringe Transition Zone Overlay is created which encompasses all four sections, and all development proposed within the Overlay area shall comply with the following performance standards: 1. Approximately 533 acres of wetlands, which exist on the property, are currently in a conservation easement. An additional 300 acres of wetlands will be placed in conservation easement status. Together these 830+acres of wetlands have the potential to be connected to wetland sites off-site thereby providing an environmental and wildlife corridor connection. (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 10 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 (tV)(1X)(X(V)((XXH) F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners,while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle)to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. (XV)(XXXI I)(X)0VI I)(XLIV) 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of twelve (12) residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in paragraph no. 8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 8 VRP Vegetation Removal Permit . 'RSFP Vegetation Removal and Site Fill Permit w Waterfront District WRA Water Retention Area (within RL SA) (Ord. No. 04-72, § 3.A; Ord. No. 05-27, § 3.A; Ord. No. 06-08, § 3.A; Ord. No. 06-63, § 3.A; Ord. No. 07-67, § 3.A; Ord. No. 10-23, § 3.A) 1.08.02 - Definitions Abut or abutting: To share a common property line or boundary at any one point. Accent lighting: Strands or tubes of lighting that outline a structure, or to maintain a common rchitectural theme to attract attention to any business, service, or other related functions. Access: The means or place of ingress and egress, by pedestrian or vehicle, to a lot or parcel. Access waterways:A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10). Accessory parking zone (APZ): Residentially zoned lots that are permitted for off-street parking or water retention and management areas. APZ lots must be adjacent to the Neighborhood Commercial, Waterfront and Mixed Use subdistricts and have a common lot line and be under same ownership or legal control (lease, easement, etc.). Accessory unit:An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse. . ..- Accessory TAccessory use or structure : A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. {... Adjacent(applicable to School Board Review issues only): Lying near or adjoining [see also Abutting property or adjacent property. 1 limerock are not considered as pervious surface. Post Take Plan:A plan depicting site modifications, enhancements, and/or deviations from the - .iirements of this Code as set forth in Section 9.03.07, or from the requirements of a PUD or _onditional Use as may be applicable, where such modifications, enhancements, and/or deviations are designed to remediate, mitigate, minimize, or resolve site impacts caused by a Take to an improved property, or unimproved property where an application for Development Order has been made. A Post Take Plan may include, but is not limited to, any or all of the following: redesign or relocation of ingress/egress; replacement of all, or a portion of, lost parking spaces; redesign of internal vehicular circulation patterns; relocation or replacement of signage, redesign or relocation of stormwater retention, detention, or conveyance facilities, replacement of landscaping materials and/or irrigation fixtures; redesign or relocation of landscape buffers, preserves, or conservation areas; and similar types of site related modifications or enhancements. Primary facade(applicable to Section 5.05.08 only): A facade that is in public view and faces a public or private street. 1Principal building, structure, or use: The main or primary use on a lot or parcel, or the building in] which-the main or primary use is housed or carried out. Public utility ancillary system:The individual or collective appurtenant equipment and structures owned or operated by a public or quasi public entity which are integral to treatment facilities that provide raw water, potable water, irrigation quality (IQ) water and wastewater services. Recreational vehicle: A vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes. Redemption:Utilization of Rural Fringe Mixed-Use District(RFMUD)Transfer of Development rights (TDR) credit for development purposes. Renovation(applicable to Section 5.05.08 only): Restoration, remodeling, improvement, in whole or in part, of an existing building. Restaurant: A building or part of a building where food is offered for sale or sold to the public primarily for immediate consumption. 2 25. Theatrical producers and miscellaneous theatrical services(7922-community theaters only). ,26. Vocational schools(8243-8299). 27. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district,as determined by the board of zoning appeals pursuant to section 10.08.00. D. General Commercial District(C-4).The general commercial district(C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale,coupled with the type of activity.The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts.As such,all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district.The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels,and the renting and leasing of equipment.Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads.Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads.The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses,as defined with a number from the Standard Industrial Classification Manual(1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district(C-4). a. Permitted uses. 1. Accounting(8721). 2. Adjustment and collection services(7322). 3. Advertising agencies(7311). 4. Advertising-miscellaneous(7319). 5. Agricultural services(0783). 6. Amusement and recreation services, indoor. 7. Amusement and recreation services,outdoor(7999-fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats,canoe rental only). 8. Ancillary plants. 9. Animal specialty services, except veterinary(0752,excluding outside kenneling). 10. Apparel and accessory stores(5611-5699). 11. Architectural services(8712). 12. Auditing(8721). 13. Auto and home supply stores(5531). 14. Automobile Parking,automobile parking garages and parking structures(7521 -shall not be construed to permit the activity of"tow-in parking lots"). 15. Automotive services(7549)except that this shall not be construed to permit the activity of"wrecker service (towing)automobiles, road and towing service." 16. Automotive vehicle and equipment dealers(5511 and 5599, new vehicles only). 17. Banks, credit Unions and trusts(6011-6099). 1 18. Barber shops(7241, except for barber schools). X19. Beauty shops(7231, except for beauty schools). 20. Bookkeeping services(8721). 21. Bowling centers, indoor(7933). 22. Building cleaning and maintenance services(7349). 23. Business associations(8611). 24. Business consulting services(8748). 25. Business credit institutions(6153-6159). 26. Business services- miscellaneous(7381, 7389-except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting,contractors'disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone,drive-away automobile, exhibits- building,filling pressure containers,field warehousing,fire extinguisher,floats-decoration,folding and refolding,gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery,sponging textiles, swimming pool cleaning,tape slitting, texture designers,textile folding,tobacco sheeting, and window trimming service). 27. Cable and other pay television services(4841)including communications towers up to specified height, subject to section-5.05.09. 28. Carpet and upholstery cleaning(7217). 29. Carwashes(7542)provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 30. Child day care services(8351). 31. Churches. 32. Civic, social and fraternal associations(8641). 33. Coin-operated laundries and dry cleaning(7215). 34. Coin operated amusement devices, indoor(7993). 35. Commercial art and graphic design (7336). 36. Commercial photography(7335). 37. Commercial printing(2752, excluding newspapers). 38. Computer programming, data processing and other services(7371-7379). 39. Computer and computer software stores(5734). 40. Credit reporting services(7323). 41. Dance studios,schools and halls, indoor(7911). 42. Detective,guard and armored car service(7381, except armored car and dog rental). 43. Department stores(5311). 44. Direct mail advertising services(7331). 45. Disinfecting and pest control services(7342). �.y 46. Drycleaning plants(7216, nonindustrial drycleaning only). 4Z Drug stores(5912). 48. Eating and drinking establishments(5812 and 5813)excluding bottle clubs.All establishments engaged in 2 the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 49. Educational plants and public schools subject to LDC section 5.05.14. 50. Educational services(8221 and 8222). 51. Electrical and electronic repair shops(7622-7629). 52. Engineering services(8711). 53. Equipment rental and leasing(7359-except airplane, industrial truck, portable toilet and oil field equipment renting and leasing). 54. Essential services,subject to section 2.01.03. 55. Facilities support management services(8744). 56. Federal and federally-sponsored credit agencies(6111). 57. Food stores(groups 5411-5499). 58. Funeral services(7261, except crematories). 59. Garment pressing, and agents for laundries and drycleaners(7212). 60. Gasoline service stations(5541),with services and repairs as described in section 5.05.05. 61. General merchandise stores(5331-5399). 62. Glass stores(5231). 63. Golf courses, public(7992). 64. Group care facilities(category I and II,except for homeless shelters); care units, except for homeless shelters; nursing homes;assisted living facilities pursuant to F.S. §400.402 and ch. 58A-5 F.A.C.;and continuing care retirement communities pursuant to F.S. §651 and ch.4-193 F.A.C.; all subject to section 5.05.04. 65. Hardware stores(5251). 66. Health services, miscellaneous(8092-8099). 67. Health services, offices and clinics(8011-8049). 68. Home furniture and furnishings stores(5712-5719). 69. Home health care services(8082). 70. Hospitals(8062-8069). 71. Hotels and motels(7011, 7021 and 7041)when located within an activity center. 72. Household appliance stores(5722). 73. Insurance carriers, agents and brokers(6311-6399, 6411). 74. Labor unions(8631). 75. Landscape architects, consulting and planning(0781). 76. Laundries and drycleaning, coin operated-self service(7215). 77. Laundries,family and commercial (7211). 78. Laundry and garment services, miscellaneous(7219). 79. Legal services(8111). • 80. Libraries(8231). 81. Loan brokers(6163). 82. Management services(8741, 8742). 3 83. Marinas(4493 and 4499-except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvagit wrecking, and steamship leasing), subject to section 5.05.02. 84. Medical and dental laboratories(8071 and 8072). 85. Medical equipment rental and leasing(7352). 86. Membership organizations, miscellaneous(8699). 87. Membership sports and recreation clubs, indoor(7997). 88. Mortgage bankers and loan correspondents(6162). 89. Motion picture theaters(7832). 90. Motorcycle dealers(5571). 91. Museums and art galleries(8412). 92. Musical instrument stores(5736). 93. News syndicates(7383). 94. Nursing and professional care facilities(8051-8059). 95. Outdoor advertising services(7312). 96. Paint stores(5231). 97. Passenger car leasing(7515). 98. Passenger car rental (7514). 99. Personal credit institutions(6141). 100 Personal services, miscellaneous(7299). • 101 Personnel supply services(7361 and 7363). • 102 Photocopying and duplicating services(7334). • 103 Photofinishing laboratories(7384). • 104 Photographic studios, . portrait(7221). 105 Physical fitness facilities(7991). • 106 Political organizations(8651). • 107 Professional membership organizations(8621). • 108 Professional sports clubs and promoters, . indoor(7941). 109 Public administration(groups 9111-9199,9229, 9311,9411-9451,9511-9532,9611-9661). • 110 Public or private parks and playgrounds. • 111 Public relations services(8743). • 112 Radio,television and consumer electronics . stores(5731). 113 Radio,television and publishers advertising representatives(7313). • 114 Radio and television broadcasting stations(4832 and 4833). • 115 Real Estate(6512, 6531-6552). • 116 Record and prerecorded tape stores(5735). • 117 Religious organizations . (8661). 4 118 Repair services- miscellaneous(7699-except agricultural equipment repair, awning repair,beer pump coil de blacksmith shops, catch basin,septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, r station equipment, boiler cleaning,tinsmithing,tractor repair). 119 Research, development and testing services(8731-8734). • 120 Retail- miscellaneous(5921-5963,5992-5999). • 121 Retail nurseries, lawn and garden supply stores(5261). • 122 Reupholstery and furniture repair(7641). • 123 Secretarial and court . reporting services(7338). 124 Security and commodity brokers, dealer,exchanges and services(6211-6289). • 125 Security systems services(7382). • 126 Shoe repair shops and shoeshine parlors(7251). • 127 Social services, individual and family(8322— . 8399, except for homeless shelters and soup kitchens). 128 Surveying services(8713). • 129 Tax return preparation services(7291). • 130 Telegraph and other message communications(4822)including . communications towers up to specified height,subject to section 5.05.09. 131 Telephone communications(4812 and 4813)including communications towers up to specified height, . subject to section 5.05.09. 132 Theatrical producers and miscellaneous theatrical services, indoor(7922-7929, including bands, orchestras . and entertainers; except motion picture). 133 Travel agencies(4724, no other transportation services). • 134 United State Postal Service(4311,except major distribution center). • 135 Veterinary services(0741 and 0742, excluding outside kenneling). 136 Videotape rental (7841). 137 Vocational schools(8243— . 8299). 138 Wallpaper stores(5231). • 139 Watch, clock and jewelry repair(7631). • 140 Any use which was permissible under the prior General Retail . Commercial (GRC)zoning district,as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. 141 Any other commercial use or professional services which is comparable in nature with the foregoing uses . including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 142 Any other commercial or professional use which is comparable in nature with the(C-1) list of permitted . uses and consistent with the purpose and intent statement of the district as determined by the board of 5 zoning appeals pursuant to section 10.08.00. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-4 district. 2. Caretaker's residence, subject to section 5.03.05. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12. c. Conditional uses.The following uses are permitted as conditional uses in the general commercial district(C-4), subject to the standards and procedures established in section 10.08.00. 1. Animal specialty services, except veterinary(0752,with outside kenneling). 2. Amusement and recreation services,outdoor(7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms(7389, 5999). 4. Automotive dealers and gasoline service stations(5511,5521). 5. Automotive rental and leasing,outdoor display permitted(7513,7519). 6. Boat dealers(5551). 7. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01.). 8. Communication towers above specified height,subject to section 5.05.09. 9. Dealers not elsewhere classified(5599 outdoor display permitted, excluding Aircraft dealers-retail). 10. Fire protection(9224). 11. Fishing, hunting and trapping(0912-0919). 12. Fuel dealers(5983-5989). 13. Homeless shelters. 14. Hotels and motels(7011, 7021, 7041 when located outside an activity center). 15. Kiosks. 16. Legal counsel and prosecution(9222). 17. Local and suburban transit(groups 4111-4121, bus stop and van pool stop only). 18. Motion picture theaters, drive-in(7833). 19. Permitted use with less than 700 square feet of gross floor area in the principal structure. 20. Police Protection(9221). 21. Public order and safety(9229). 22. Recreational vehicle dealers(5561). 23. Soup kitchens. 24. Motor freight transportation and warehousing(4225, air conditioned and mini-and self storage warehousing only). 25. Veterinary services(0741 and 0742,with outside kenneling). 26. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district,as determined by the board of zoning appeals pursuant to section 10.08.00. Heavy Commercial District(C-5). In addition to the uses provided in the C-4 zoning district,the heavy commercial (C- 5) (C 5)allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize 6 2 . 03. 61 — 0\104y 2-o4441 P.1+'1h7 76. Social services, individual and family (8322 - activity centers, elderly or handicapped; adult day care centers; and, day care centers, adult and handicapped only). 77. Social services, not elsewhere classified (8399). 78. Surveying services (8713). 79. Tax return preparation services (7291). 80. United State Postal Service (4311 except major distribution center.) 81. Veterinary services (0742 veterinarian's office only, excluding outdoor kenneling.) 82. Videotape rental (7841). 83. Wallpaper stores (5231). 84. Watch, clock and jewelry repair(7631). b. Prohibited uses. 1. Gasoline service stations (5541). I. Bayshore Mixed Use Overlay District (BMUD). This section provides special conditions for the properties adjacent to Bayshore Drive as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 1. Purpose and Intent. The purpose and intent of this District is to encourage revitalization of the Bayshore Drive portion of the Bayshore Gateway Triangle Redevelopment Area with pedestrian-oriented, interconnected projects. The Overlay encourages uses that support pedestrian activity, including a mix of residential, civic and commercial uses that complement each other and provide for an increased presence and integration of the cultural arts and related support uses. When possible buildings , both commercial and residential, are located near the street , and may have front porches and/or balconies. 2. Applicability. a. These regulations shall apply to the Bayshore Mixed Use Overlay District as identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. b. Planned Unit Developments (PUDs) that existed prior to March 3, 2006, and properties with Provisional Uses (PU) approved prior to March 3, 2006, including amendments or boundary changes to these PUDs and Provisional Use properties, are not subject to the Bayshore Overlay District requirements. 3. Relationship to the Underlying Zoning Classification and Collier County Growth Management Plan. a. The purpose of the BMUD is to fulfill the goals, objectives and policies of the Collier County Growth Management Plan (GMP), as may be amended. Specifically, the BMUD implements the provisions of section V.F, Bayshore Gateway Triangle Redevelopment Overlay, of the Future Land Use Element. Portions of the Bayshore Overlay District coincide with Mixed Use Activity Center#16 designated in the Future Land Use Element (FLUE) of the Collier County GMP. Development in the activity center is governed by requirements of the underlying zoning district and the mixed use activity center subdistrict requirements in the FLUE, except for site development standards as stated in section 4.02.16 of the LDC. b. Property owners within the BMUD may establish uses, densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply. 4. Bayshore Mixed Use District(BMUD) Subdistricts. 1 a. The BMUD consists of the following subdistricts: i. Neighborhood Commercial Subdistrict (BMUD-NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial and residential uses, including mixed use projects in a single building . This subdistrict provides for an increased presence and integration of the cultural arts and related support uses, including galleries, artists' studios, and live-work units . Developments will be human-scale and pedestrian-oriented. ii. Waterfront Subdistrict (BMUD-W). The purpose of this subdistrict is to encourage a mix of low intensity commercial and residential uses and allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development in this subdistrict is intended to allow a mix of residential and commercial uses including limited marina and boatyard uses. iii. Residential Subdistrict 1 (BMUD-R1). The purpose of this subdistrict is to encourage the development of a variety of housing types which are compatible with existing neighborhoods and allow for building additions such as front porches. The intent in new development is to encourage a traditional neighborhood design pattern and create a row of residential units with uniform front yard setbacks and access to the street . iv. Residential Subdistrict 2 (BMUD-R2). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of multi-family residences as transitional uses between commercial and single-family development . The multi- family buildings shall be compatible with the building patterns of traditional neighborhood design. v. Residential Subdistrict 3 (BMUD-R3). The purpose of this subdistrict is to allow for a variety of housing types and encourage the development of townhouses and single-family dwellings . All new development in this subdistrict shall be compatible with the building patterns of traditional neighborhood design. vi. Residential Subdistrict 4 (BMUD-R4). The purpose of this subdistrict is to protect the character of existing neighborhoods comprised of detached single-family dwelling units, while allowing for building additions such as front porches. b. Use Categories and Table of Uses. i. All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant : Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. 2 g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services . ii. Interpretation of the Table of Uses. a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses. Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts BMUD SUBDISTRICTS .. . . , MIXED ADDITIONAL STANDARDS USE TYPE RESIDENTIAL USE R1 -R2 R3 R4 NC W a)RESIDENTIAL 1) Dwelling,Single-Family PPPP P 1 ` i 2) Dwelling,Duplex P PIP 3) Dwelling,Two-Family P" P P P P is 4) Dwelling, Rowhouse P P P P P 5) Dwelling, Multi-Family (3 or more) P P P P P 3 ,,... 6) Dwelling, Mobile Home j P* *If allowed by underlying 5 h f 3 C 1. i , ) 1 zoning , „,, : 1 - '1 7— -------",”, 7) Home Occupations .... A AIA A A A 5.02.03 8) Live-Work Units CU P ? P 4.02.16 C.6. 9)Artist Village CU CU CU P P 4.02.16 C.3. b) LODGING S 1) Bed &Breakfast Facilities CU III CU 4.02.16 C.4. 1 1 2) Hotels and Motels P P i 1 c)OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services i P 2) Business Support Services P P 0 3) Child Care Services MOM 4) Community Service Organization P P 5) Drive Thru Service (banks) 6) Government Services P P IN 1 = ,7) Family Care Facility/Nursing Home i P P s 8) Medical Services- Doctor Office P 1 P 9) Medical Services-Outpatient/Urgent P Care 10) Personal Care Services P P 11) Post Office 111111 P P '0\ 12) Professional Office or Service 11111111 P P 3 .,, µ,ars .. .,, ....,.,.......... 4 " . C 13) Rental Services- Equipment/Vehicles P P � i 14)Studio-Art, Dance,Martial Arts, I P P i Music 15)Studio-Motion Picture CU 16)Vehicle Services- Maintenance/Repair J 17)Veterinarians Office P P 18)Video Rental P 1 P 1 d)RETAIL/RESTAURANTS 1)Auto Parts Sales 9 1 2) Bars/Tavern/Night Club P P 3) Drive Thru Retail/Restaurant ) 1 (IV) . 4) Gas Station with Convenience StoreP P 1 5.05.05 5) Neighborhood Retail-<2,000 sf P P 6) General Retail -<15,000 sf P P 4 i i 7) General Retail ->15,000 sf CU CU i 8) Restaurant P P 9) Shopping Center CU CU Ell 10)Vehicle/Boat/Heavy Equipment Sales CU l 4.02.16 C.7. e) ENTERTAINMENT/RECREATION 1) Gallery/Museum I P P 1 - 0 1 2) Meeting Facility i P P , ________i 5 3) Cultural or Community Facility P P 4)Theater, Live Performance 1 I P P I I 5)Theaterri-- , Movie CU CU 1 e..n 6) Recreation Facility, Indoor P P 7) Recreation Facility,Outdoor CU CU 8)Amusements, Indoor P P t I l I 9)Amusements, Outdoor ) CU - CU 10) Community Garden P PPP P P 4.02.16 C.5. f)MANUFACTURING/WHOLESALE/STORAGE 1) Laboratory- Medical,analytical, P research --C, It" 2) Laundries and Dry Cleaning P I , 3) Media Production P 4) Metal Products Fabrication I P ) 5) Mini-Warehouses ) I 6) Repair Shops P P 7) Research and Development P P 8) Storage-Outdoor A 4.02.16 C.9. 1 9)Storage-Warehouse i g)CIVIC INSTITUTIONAL -- ,,,. 1) College/University 1 P P ' I 1 6 2) Educational PPPPP P P P P 3) Hospital I 1 4) Membership Organizations11111 P P 5) Public Safety Facility CU CU a , 6) Religious Institution CU 111 CU ;CU CU CU 7) Schools- Elementary and Secondary 8)Schools-Vocational and Technical 1 h)INFRASTRUCTURE 1)Automobile Parking Facilities ' CU 2) Boat Launch A 3) Essential Services PPPP P P a _ 4) Marinas and Boatyards P P 4.02.16 C.7. 5)Transit Station EMI6)Wireless Telecommunication Facility Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as 7 1.04.05 - Relationship to Growth Management Plan The adoption of this LDC is consistent with, compatible with and furthers the goals, policies, jectives, land uses, and densities or intensities contained and required in the GMP, and it implements -,,ld directly advances the goals, policies and objectives of the GMP The Board of County Commissioners of Collier County hereby declares and affirmatively states that int e event that any land development regulation, this LDC, or any provision hereof or amendment hereto is not consistent with the adopted Collier County GMP, as amended,the provisions of the Collier County GMP, as amended, shall govern any action taken with regard to an application for a development order or other activity. urthermore, any land development regulation, this LDC, or any provision hereof or amendment hereto shall be interpreted, construed and implemented in such a manner which will make it most consistent with the Collier County GMP, as amended. 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional se , or accessory use shall be prohibited in such zoning district. 1 COlointY Growth Management Department Zoning Services Section October 2,2015 Mr.Adam Kelley 3140 La Costa Circle,Apartment 304 Naples,Florida 34105 Re: ZLTR-PL20150002157;Zoning Verification Letter for 3555 Bayshore Drive,AKA:Parcel 115.2 in Section 14, Township 50 South, Range 25 East of unincorporated Collier County, Florida. Property 113/Folio Number 618413200(11. Dear Mr,Klly: This letter is in response to your Zoning Verification Letter Application(ZLTR)dated July 15, 2015, in -which you had requested information pertaining to use of the subjeet property. Accompanying the ZLTR application was the following list of uses: i) lounge in which beer,wine and non-alcoholic beverages are to be served; ii)an accessory micro-brewery; iii)tours of the brewery; iv)neighborhood gathering place for events such as group parties,trivia nights, bingo, and beer brewing meet ups;v)bar type table games; vi)live music performed by small groups of musicians;vii)food,delivered or carried in,to be consumed Con the premises;viii)sale of pre-packaged food Stith as nuts and chips; and ix)sale of tee shirts,caps,and items related to the brewery. Whereas the subjeet property is located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of the Zoning Division has_jurisdiction over zoning and land use issues,the County herewith provides the following. The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41 as amended; the LDC implements the goals, policies and objectives of the County's Growth Management Plan. The current Official Zoning Atlas, an element of the LDC, shows the subject property has a zoning designation of General Commercial District(C-4) and is further located within the Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Subdistrict (BMUD-NC). Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types(as defined within LDC 1.08.00): • Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. • Conditional Use: A use that due to special circumstances, is not permissible in awning district but may be approPiate f conirolled as to number, area. Location, or relation to the neighborhood • Principal building,structure,or use: The main or primary use on a lot or parcel,or the building in which the main or primary use is housed or carried out. For the purposes of clarification and specificity, the LDC incorporates numerical references that are defined within the "$tandard Industrial Classification (SIC) Manual — 1987," as published by the Executive Office of the President --- Office of Management and Budget; portions of this manual are accessible online via http://www.osba.govipls/imisisic_martual.html. Staff has determined that the above Zoning Division 6 2800 North Horseshoe Drive Naples,FL 34104•239-252-2400 www.collemov.net 3. Zoning Vertfication Letter ZL7R-PL2O15000.2757 Page 2;of 2 described business use(s) is/are mostsimilar to that of a bar or lounge, SIC 5813. Permitted use 448, within the C-4 district, reads: "Eating and drinking establishments (5812 and 5813) excluding bottle clubs.All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to locational requirements of section 105.01." Zoning Services.Staff is of the opinion that the remaining listed uses could be accommodated on a limited basis as being accessory to a bar and/or lounge, Bars, taverns and nightclubs are listed as permitted uses within the BMITD NC as well; LDC Section 2.03.07 I.4.b,iii.,Table 1. Please be advised that a brewery (SIC 2082) as a primary use is in fact an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMTJD- NC overlay district; therefore, the described business must be operated in such a way that the micro- brewery is accessory to and supportive of a bar/tavern/lounge and not vise-versa. Additionally, LDC Section 5.05.01 sets forth additional locational restrictions, separation requirements, on businesses serving alcohol(see attached)that have not been yet been verified. Such reviews are typically initiated as part of the Zoning Certificate process that is required prior to the establishment of any business to be operated within Collier County LDC Section 10.02.06 B.lf(application attached). Lastly, should there be a change from the existing use of the property, it is likely that the LDC will require site and/or architectural improvements that will necessitate implementation of the Site Development Plan (SDP) review process. Please feel free to contact Chris Scott,Planning"Manager,with the Development Review Division at(239)252-2450 for additional information. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on. the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development 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. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination,you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approvedby the Board of County Commissioners. To obtain copies of any document referenced herein,please contact Ms. Maria Estrada— Operations Coordinator, at (239)252-2989. The LDC may be viewed online at www.municode.com / Mirnicode Library / Florida / Collier County, Validated Ordinances may be viewed online via the Clerk of Courts website, www.collierclerk.corn/Records Search/BMR Records/ Boards, Minutes, Records / BMR Validated Ordinances. Should you require additional information, please do Pot hesitate to call our office at(239)252-2400. Researched and prepared by: Reviewed by: f s'.rd Bellows Zonin Manager John A.Kelly,P1 er Ray � g Zoning Services Section Zoning Services Section 2. Collier County,FL Land Development Code Page 1 of 2 5405:01 Businesses Serving Alcoholic Beverages A. Sale of alcoholic beverages.The County Manager or designee,may authorize the sale of alcoholic beverages for consumption on-site,subject to compliance with all zoning restrictions and the following locational criteria; 1. No such use shall be located within 500 feet of any established elementary, middle,or high school,child care center, public library, church, public park,or public playground.This does not include beachaccess points.The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library,church, public park,or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site.The distance of 500 feet shall be measured as the shortest:distance between the lot on which the existing establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment 3. The erection of any school,child care center,public library, church,public park,or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on-site shall not cause such establishment to become nonconforming. 4. The County Manager or designee approval for the sale of alcoholic beverages for consumption on-site,granted pursuant to this section,shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure,zoning approval shall expire six(6)months from the date of approval unless,within that period of time,operation of the alcoholic beverage establishment has commenced. For purposes of this section,operation shall be defined as the sale of alcoholic beverages in the normal course of business. b. In the case of a new structure,zoning approval shall expire one(1)year from the date of approval unless,within that period of time,operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed,the County Manager or designee may grant one(1)extension for up to six(6)months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code, 6. The BZA may, by resolution,grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on-site,from the school, child care center, public library,church, public park or public playground by natural or manmade boundaries,structures,or other features which offset or limit the necessity for such minimum distance requirement.The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors; about:blank 10/2/2015 3 Collier County,FL Land Development Code Page 2 of 2 a. The nature and type of natural or manmade boundary,structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park,or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes,nondevelopable wetlands, designated preserve areas, canals,and major rights-of-way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment:and the school,child care center, public library, church, public park,or public playground. e. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. d. The Administrative Code shall establish the submittal requirements and procedures for the waiver of distance requirements. 7. The following uses shall be exempt from the requirements of section 5.05.0.1 a. Any restaurant deriving at least fifty-one(51) percent of itsgross revenue from the sale of food and nonalcoholic beverages. b. Any motel and/or hotel with 100 or more guestrooms. c. Any private club,golf club,country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members,tenants, and/or guests of the facility. 8. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make,or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord.No. 13-56,§3.1R) about:blank 10/2/2015 4 Armttcomtt.w....a..caoiivtty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieroov.net (239)252.2400 FAX(239)252-6358 LAND USE AND ZONING CERTIFICATE: NON-RESIDENTIAL WC subsection 10.02,06 B.1,f Chapter 4 K. of the Administrative Code Please fill out this form as completely as possible, if you don't know the answer, indicate "unknown", if the item doesn't apply, indicate "not applicable" or "u/A". Your application can not be processed without all of the necessary information. Zoning approval of this application can be expedited if a site plan of the property to be occupied showing parking and surrounding uses is submitted with the application. Zoning Certificate#: El Relocating Existing Business El New Business Additional development orders may be required by the County for any changes in use and/or interior and exterior remodeling,. Please be advised that Impact Fees may be due at time of Building Permit. Please contact Impact Fee Administration at (239) 252-2991 and Public Utilities at (239) 252-6237 to verify if any impact fee will be assessed. (Applicant's initials): APPLICANT CONTACT INFORMATION Name of Applicant(s): Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: BUSINESS&USE INFORMATION Business Owner or Qualifier's Name: Business Name: Business Phone: Business Address: City: State: ZIP: Property Owner or Leasing Agent Name: Complex Name(If any): Type of Business: Type and Name of Business Previously or Presently Occupying Location: If Vacant,Provide Length of Vacancy: Check below if the,business is any of the following business types*: [21 Restaurant/Eating Places(SIC 5812) El Bar/Night Club/Drinking Mapes(SIC 5813).—will requirea distance waiver. 0 Restaurant/Bar with 150 seats or more *Alcohol Licenses will not be signed off by the Planning and Zoning Department until the Business Tax Receipt has been issued. If the license is for consumption on premises, a floor plan will be required showing the location of all serving areas and seating. 1/14/2014 Page 1 of 2 5 0004&0‘06*•""0/4414ntY COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collierclovsiet (239)252-2400 FAX(239)252-6358 BUILDING INFORMATION Building Type: Single-Occupancy Building D Retail Shopping Center E Office/Professional/Business Center Building Use,indicate the approximate square footage the unit or building is used for: Retail: Storage'. Office: Manufacturing/Repair: Other,describe: Total Building Floor Area: Auto Repair/Service Station: #of Bays Restaurant/Church/Beauty Salon: #of Seats Naber of Parking Space for Building/Complex: (if over 100 spaces state"common") Number of parking spaces available for unit,if specified: I declare under penalty of perjury the foregoing facts are true and correct to the best of my knowledge. Applicant Signature Date Zoning Certificate Review Fee:$125.00(checks payable to:"Board of County Commissioners") The following to be completed by County Staff: SIC#: Zoning: Property ID#: Building Permit#: (if available)SDP#: (if available) Site Visit Required:El Yes E No CommentsileStrictions: ApProve4 Hold Denied Planner Date LIon* 1/14/2014 Pagel of2 6 <I z QI K.L56 . a' E Cr, 0 co,t• FE1— >: ••:, - L ..., Km _,..._... slinillini. : 1 ro •D, 'A - ...- LL, ....t „11011EMrar: . MI 111121111113111111.3111'- .I.D ILSwivg ,.. 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'�y s rl qn /� o ail. 7 7,t,,,,,,,,;:';,. �' ig �' ;::: 9�� d:, -''; y V]- a i v m s 9t N aR ' r ' � ia7 r rty^w { Ftp qp,� Ia �'ca� tiny. 1 "�c Ii •, 0 •,,'•,!,4.-,,,-, �t "''. - ;! '" �'w'"L;.. I '' it is '; U • c iii fir' x 5 ,'.sz,� � fur ,.a- �,, • itjs O ` . ua. t4010,•f a •r'.I ..yy gyp'"$' 00 8 4 -,$lair A. Foley, PE. Civil Engineer I Development Consultant July 21,2016 Mr.Renald Paul Collier County Development Services 2800 North Horseshoe Drive Naples,Florida 34104 Re: Bayshore Brew Garden+1-6000 SF existing building renovation with site infrastructure Site Improvement Plan(SIP) Submittal—PL20150002675.Folio 6184320001 3555 Bayshore Dr.,Naples, FL Dear Mr.Paul: The above referenced project consists of a 6000 SF bid.renovation for industrial manufacturing of beer and related uses,with site work. The project is located on a-/- 1.05 ac. site on Bayshore Dr. Please find the attached data to process this SIP: 1. Review Check and fee worksheet. 2. 6 SIP sets, signed and sealed. 3. 1 SIP applications. 4.• 1 Cover Letters. 5. 6 Landscape/irrigation plans. 6. 6 Aerial photographs in SDP set. 7. 6 Floor plans,elevations,rendering w/architect's color representations. 8. 6 Boundary surveys, including one signed and sealed. 9. 1 Warranty Deeds. 10. Irrigation and water meter sizing form,not required as it is City of Naples water. 11. 2 Sealed cost estimates for utility and paving,grading and drainage. 12. Property Ownership/Agent Authorization. 13. 1 Engineer's Report, signed and sealed. 14. TIS attached,on the CD. 15. CD's of plans in pdf and dwg,and other project data. 16. 1 Engineering,and Utility checklists. 17. 2 COA applications. 18. Fire Variance for driveway width. • Thank you for processing this request. Please call if you have any questions. Sincerely, 1 Blair A. F•ley,PE Presiden - .$iair A_Foley,P.E. • 120 Edgemere Way South•Naples, Florida 34105 239.263.1222 •Fax 239.263.0472 • Cellular 239.289.4900 • email: fols000@aoLcorn. Planning Application Status-CityView Portal http://cvportal.colliergov.net/CityViewWeb/Planning/Status?planni. GMD Public Portal Planning Application Status Note:You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. Summary Planning Project Application Number: PL20150002675 Project Name: Bayshore Brew Garden Application Types: Pre-Application Meeting(Status:Complete-Closed for Uploads) Site Improvement Plan(Status:Resubmit-Open for Uploads) Application Status: Resubmit-Open for Uploads Property Owner's Full Name: MCICK INVESTMENT LLC Description of Work: SIP-6000 SF bid renovation for industrial manufacturing of beer and related uses with site work.The project is located on a 1.05ac site on Bayshore Dr. RenaldPaul 07/25/2016 10:02 AM Pre-Application Meeting Request: Project Type:Site Improvement Plan Project Description:SIP fora proposed lounge with accessory micro brewing on an existing site. Change existing bldg.use.Some vehicular use reconfiguration and improved landscaping. Meeting Type: Pre-Application Meeting Preferred Date: December,the week of thel4th if available Number: Location:355561841320001 Bayshore Drive,3557 Bayshore Drive,Naples,FL,Parcel Full Name:Tocia Hamlin Email:tocia@davidsonengineering.com Company Name:Davidson Engineering,Inc. 4365 Radio Road,Suite 201 Naples,FL 34104 Representing:Adam&Lois Kelley Contact Number:Work:239-434-6060 x2985 Locations: 3557 Bayshore DR 61841320001 3555 Bayshore DR Date Entered: 11/23/2015 Application Iypeal_Click _S.ee_Beviewsi - Fees_. - Inspections - Documents_$Images of 1 2 3/24/17,4:26 PM SITE IMPROVEMENT PLAN (SIP) for BAYSHORE BREW GARDEN (PL20150002675) Currently Zoned C-4/BMUD-NC Collier County Folio No.61841320001 Located in Part of Section 14,Township 50 South,Range 25 East Collier County,Florida alana leASI."'44 Wm At NE soumalr wv.re 0t01..3.3.yarm wt[em:. ANIF CRAFTS LLC osMat Ce3S Of 031.3 0303n.ntan 3 333TM "�"" r / m mu...ar .I3 ar ow�o n Too r:r 0 N 3555 B'y3'Ao r. a tea;Flor�oa 34112 NOM"`°Lnrs`'fl .�s a Moe 3,,Daus soar, nen 33305sx 003.3 Cow,na:w INDEX OF PLANS ---1SHEE1N0. OESCIPON M s,,,., •,:',-(:" h N V .,n . 1I 4ra2 . .' 1 COVER N c 0nv z R • 2 EROSIONCONTROL AERAL/CLEARING PLAN •s 0N 1' � I y SITE IMPROVEMENT PLAN < b_ . 0410._ r } a DETAIL SHEET :41,:. ' i\u 'jp Y an IT•=1E:IIFP + M.R'0 li,; < � we(ION ..__._._...�.:.:....... _ 9y 31 x.. POSED) ........._ y BLD DAT.V~A(ND SPRINKLERS PRO ,a� T - - Lle vo 4 Mt>+ a'''.... \ s` Blair A.Foley P.E.,LLC ar ar• .• aarra.'.e4 .lbA, , 2a Civ�'�t'nxynarl Dc opmmi C.auwum 23aarra uu OM v.�".w r.nai..n..<:o. t. .0t153 ,ed 3331 aN ,.,R:• "� rl d"„�". ,.... LOCATION MAP e. .<,...... nor.Plgioese prof..sional .�. REVISED R -------- VII " "` " OBEr - pi yV �` BAYSHORE BREW GARDEN II 3 BLD DATA (NO SPRINKLERS PROPOSED) CROSS EXISTING AREA MEASURED TO THE OUTSIDE FACE OF EXTERIOR WALLS i 6000 S.F. OCCUPANT L OAD C AL CUL A TION: THE OCCUPANT LOAD IS CALCULATED PER FIR 5TH MON TABLE 1094.1,1 USE FORMULA OC CUPANCY ASSEHOLY UNCONCENTRATEO 2246 SF. I/15 S . 159 PERSONS (TABLES MID CHAIRS) KITCHEN.COMMERCIAL 353 S.F.0 1/200 S.F. 2 PERSONS STORAGE 2914 S.F. @ 1/3190 10 PERSONS BUSINESS AREA 534 S.F. 1/100 S.F. 6 PERSONS TOTAt NUMBER OF OCCUP ANTS ifiti OCCUPANTS • COVE DATA: OCCUPANCY TYPE : 'A-2' t ASSEMBLY} CONSTRUCTION TYPE TYPE 9 8 UNSPRINKLERED CODE REFERENCES: FLORIDA BUILDING CODE, 5TH EDiTiON FLORIDA BUILENNG CODE ACCESSIBILITY, 5TH EDITION FLORIDA FRE PREVENTION CDOE,,5T EDITION FLURICIA ENERGY CONSERVATION COM 5TH TION FLORIDA tilEOIANICAL CODE,5TH EDITION FLORIDA'KIOSK CODE, 5Th EINT/ON NATIONAL ELECTRIC CODE, 2914 NFPA 4 SETBACKS (C-4 SMUG-NC) GENERAL NOTES PRO VIDEO REQUIRED 1.ELEVATIONS ARE REFERENCED TO NAND OF 198& FRONT EXIST.BLDG. =.35' 20' +,q 2.CURRENT EON/NS FOR THIS PARCEL IS C-4 BMUD-NC. 3. THE REVIEW AND APPROVAL OF IMPROVEMENT PLANS DOES NOT AUTHOR/ZED THE CONSTRUCTION OF REQUIRED IMPROVEMENTS YM/OH ARE INCONSISTENT MIN EXISTING EASEMENTS OF RECORD. SIDE EXIST..BLDG =35'N S. 4 HANDICAP PARKING AND ACCESSIBILITY SHALL BE IN ACCORDANCE VATH 774E LATEST STATE OF FLORIDA REQUIREMENTS OR THE AMERICANS WITH DISABILITY ACT(ADA)WHICHEVER IS MORE - £X157.BLDG =50'5 5' STRINGENT. a ALL DRIVEWAYS LANDSCAPING.SIGNS,GRASS ETC.SHALL BE RESTORED TO A CONDITION REAR EXIST.BLDG =165'E 20' EQUIVALENT TO PRE CONSTRUCTION CONDITION UNLESS OTHERWISE APPROVED BY THE ENGINEER AND COUNTY. 6.REQUESTS FOR INSPECTIONS SHALL BE PROVIDED TO COWER CWNTY STAFF AT LEAST FORTY REQUIRED SETBACKS EIGHT(48)HOURS PRIOR TO THE REQUESTED INSPECTION PER COLLIER COUNTY ORO.NO,2004-31 SECT.9.4.2.2.,AS APPLICABLE. (C-4 BMUD - NC) q 7. THE CONTRACTOR SHALL NOTIFY THE ENGINEER, THE COUNTY AND ALL UTILITY COMPANIES IN /N .�5 THE AREA 48 HOURS MINIMUM PRIOR TO START OF CONSTRUCTION,AND SHALL HAVE ALL EXISTING. MAX.ZONED HEIGHT= 56'ALLOWED !/'\ UTILITY OWES(SPPoNT FPL WATER,CABLE.SANITARY,SEWER,IRR/CATION,FORCE MAIN&ANY ZONED HEIGHT =BLOC. =16.9' 141 OTHERS)LOCATED AND FLAGGED PRIOR TO ANY EXCAVATION. ACTUAL HEIGHT =BLDG. =228' &CONTRACTOR TO SUBMIT SHOP DRAWINGS TO ENGINEER PRIOR TO CONSTRUCTION. a THE CONTRACTOR IS REQUIRED TO OBTAIN WRITTEN APPROVAL FROM THE ENGINEER FOR ANY 0 DEVIATIONS FROM ME APPROVED PLANS AND/OR SPECIA7CA DONS SITE SUMMARY I0.CONTRACTOR SHALL PROMPTLY REPORT ALL F7ELD CHANGES TO THE ENGINEER. QS 17. THE CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS,ALL EXISTING CONFLICTS TO DESIGN PLANS(LE.POLES BOXES VALVES ETC.), AND ELEVATIONS PRIOR TO COMMENCEMENT OF TOTAL SRE(IC) =27.05 AC CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY OF ANY REWIRED PLAN DEVIATIONS CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL DAMAGES AS A RESULT OF ALL CONFLICTS NOT TOTAL 8130(CROSS)•56,006 SF. E SA7/SFACTORLY RESOLVED.ENGINEER IS NOT.LIABLE FOR ANY CONRJCT SHOWN OR LYAM/TED FROM 10744.I� �(4.0•s AC-(781) THIS PLAN OR SURVEY: 72. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTA/N/NO TRAFFIC AND USAGE OF THE EXISTING STREETS ADJACENT TO THE PROJECT SITE ALL TRAFFIC MAINTENANCE CONTROL SHALL BE TOTAL OPEN SPACE(AC)•0.36 AC(36X) IN ACCORDANCE WTH THE FLORIDA MANUAL OF TRAFFIC AND SAFE PRACTICES FOR STREET AND .roURN L'A91M(AC)•t 27 AC(26s) HIGHWAY CONSTRUCTION.MAINTENANCE.AND[MUTT'OPERATIONS 13.ALL DISTURBED PERVIOUS AREAS NOT LANDSCAPED SHALL BE SODDED AND/OR SEEDED AND ,WUNTI'EASEMENT EXCLUDED FROM WATER MULCHED AS DIRECTED BY THE OWNER OR ENGINEER. MANAGEMENT CALCULATIONS PER OR 1446 PG 667. 14,DIMENSIONS WH/O/REFERENCE CURB/NG ARE SHOWN TO FACE OF CURB UNLESS OTHERWISE NOTED. IS ALL CONSTRUCTION METHODS AND MATERIALS TO MEE7 COLLIER COUNTY LAND DEVELOPMENT • CODE AND F.0.0•T.STANDARD SPEOF/CARLNS FOR ROAD CONSTRUCTION. NOTE: LDC 4,0216E PARKING STANDARDS: 16.SEE CLEARING PLAN FOR LIMITS OF CLEARING. PARKING REQUIREMENTS FOR RESTAURANTS IN A 60 LANDSCAPING BMUD; OUTDOOR CAFE SEATING SHALL BE I.ALL EXOTIC VEGETATION AS DEFINED BY THE COWER COUNTY LD.C.SHALL BE REMOVED FROM EXEMPT FROM PARKING REQUIREMENTS THE SITE AND SUBSEQUENT ANNUAL EXOTIC REMOVAL(IN PERPETUITY)SHALL BE THE EXISTING 5'WIDECONG.SIDEWA.LV RESPONSIBILITY OF ME OWNER. •._..,......"--"-."._."...,,--d' 2. THE PROPERTY OWNER IS RESPONSIBLE FOR REPLACEMENT OF ALL DEAD LANDSCAPE MATERIAL PARKING REQUIREMENTS AND FOR THE MAINTENANCE OF THE REQUIRED IRRIGATION SYSTEM. 3.CONTRACTOR SHALL REMOVE LIMEROCK YATHW LANDSCAPE ISLANDS LOCATED WITHIN AND TWO(2 • ADJACENT TO THE PARK/NG AREAS THESE AREAS SHALL FILLED ATH CLEAN GIRT OR AS DIRECTED LOADING SPACES = I/1 Do NLDT ENTER BY THE LANDSCAPE ARCHITECT. R6-I SIGNE REQUIRED PARKING- ,D PAVING. GRADING AND DRAINAGE NOTES, SIT DOWN'REST..= 1/150 SF OR 1/4 SEATS(100 SEATS IS GREATER)-95SSP CE FOOT 304/51YATWMGA ED-_ S I. THE PROPERTY OWNER IS RESPONSIBLE FOR THE PERPETUAL MAINTENANCE OF ALL FEATURES O' "INDUST.MANUFACT. 1/500 SF(3000 SF/500) DOMES AT POTS EXIST. THE SURFACE WATER MANAGEMENT SYSTEM AS OUTLINED BY THE DESIGN ENGINEER ON THESE DRIVEWAY ENTRIES W/2" ORAWNGS mm...... TOTAL 37 SPACES REQ CROSSWALK STRIPES AS 2.ALL ELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM(NAND)7988. HANDICAP REQUIRED PF1DwN CfrP) 3.MIN.FINISHED FLOOR ELEVATIONS SHALL BE AS SHOWN ON THE SITE PLAN. /PROVIDED 2/2 4.SITE IS LOCATED WITH/N 7HE FLOOD CONE AE-7. 5.HAY BALES.SILT SCREENS AND OTHER EROSION CONTROL MEASURES SHALL BE UTILIZED 70 TOTAL PARKING PROVIDED =35 SPACES CONTAIN ALL DISTURBED AREAS IN ACCORDANCE WITH THE EROSION CONTROL DETAILS. 6.SILT SCREENS TO BE INSTALLED AROUND PERIMETER OF PROPERTY AND/OR DISTURBED AREAS AND MAINTAINED DURING CONSTRUCTION. BIKE PARKING(LOC 4.05.08) 7.ALL PROPOSED ON-SITE.PAVING SHALL BE ASPHALT,UNLESS OTHERWISE NOTED. 5%X SPACES=5%X 37= 1.9 RECD. &NOTE ALL BLDG PERIMETER WALKS SHALL BE CONCRETE OR PAYER BRICKS BIKE SPACES PROVIDED =.2 PROV'D 9.A COLDER COUNTY PERMIT TO PERFORM WORK AND/OR MAINTENANCE W THE PUBLIC RIGHT OF WAY IS REQUIRED FOR WORK WITHN BAYSHORE DR. OUTDOOR SEATING 15.NOW RECEPTION AREA 6 10. THE FOLLOWING FOOT DETAIL INDEX SHEETS APPLY FOR ALL ROW ITEMS INDEX NO.222-DITCH BOTTOM INLETS INDEX NO.304-DETECTABLE WARNINGS/SIDEWALK RAMPS • INDEX NO.515-TURNOUTS OWNER TO ARRANGE CONTRACT WITH SOLID I SCULI NOTE: INDEX NO. 77346-SPECIAL MARKING AREAS BRPP WASTE PICK UP WITH ROLL OUT CONTAINERS. THESE NOTE, IN/FC UTILITY NOTES: WILL BE PUT OUT DURING PICK UP DAYS AND STORED EXISTING COLLIER COUNTY AND 0"PVC SANITARY SEWER 5� T.ALL WATER DISTRIBUTION SYSTEM CONSTRUCTION MATERIALS AND METHODS SHALL BE IN INSIDE AT ALL OTHER TIMES. I LATERAL TO REMAIN ACCORDANCE IMM APPLICABLE on,OF NAPLES VRUDES SPECIPICAT/ONS 2.ALL SEWAGE COLLECTION SYSTEM CONSTRUCTOR MATERIALS AND PERIODS SHALL BE IN UTILITY 59 PL ACCORDANCE AWN APPLICABLE COLLIER COUNTY UTILITIES SPECIFICATIONS 50X 3 ALL ON SITE WATER AND SEWER IS TO BE OPTED AND MAINTAINED BY THE OWNER.UNLESS SIE, OTHERWISE N0TE0. . R INE LOCATION OF EXISTING URINES HAS BEEN PREPARED;ROW IRE MOST RELIABLE 556• =ISTING MASS.LATERAL APPROXIMATE IAGATION OF OF GA INFORMATION Avail APIF TO THE ENGINEER.THE INFORMATION IS NOT GUARANTEED.THEREFORE g0•ACCESS EASEMENT AN _ 5• PER THE CONTRACTOR SHALL VERIFY THE LOCATION AND ELEVATION OF ALL UTILITIES IN THE FIELD q� Q • PRIOR TO 70 THE START OF ANY CONSTRUCTOR ACTIVITIES Vict EXISTING 5 THE CONTRACTOR/S RESPONSIBLE FOR REPAIRING ALL UTILITY ONES ANO SERNlYSLANDSCAPE PAVER IS'WIDE 15' DAMAGED DURING CONSTRUCDGN,INCLUDING/RR/GAnON ONES AND SERVICES THFBUFFER PARKING , DRIVE I L R' 5A STOP SI APPROPRIATE UTILITY SHALL.BE NOTIFIED OF ALL DAMAGES LINES PRIOR TO REPAIR ALL 0 RIM 6 5 NECESSARY REPAIRS SHALL BE PERFORMED MMEDIATELY UPON DAMAGED OF UNE 6.ALL UTILITY CONNECTIONS SHALL CONFORM TO THE STANDARDS ANO REQUIREMENTS OF BLDG.F.F, U ' BAR THE AGENCY HAVING.AIR/SD/C/ON OF EACH BID/VIDUAL UTILITY LNE 5.0 NA.V.D. ,,{,s o MArcH `, EXIST.GATT"KM TO B 7. THE UNDERGROUND CONTRACTOR SHALL MWIM/2E THE AC/RK AREA AND EDN OF r V UPGRADED TO 15"Mi TRENCHES TO AVOID DISTURBANCES OF NATURAL VEGETATION.SPOIL FROM TRENCHES SHALL BE _ EX GD. PLACED ONLY ON PREVIOUSLY CLEARED AREAS OR AS DIRECTED BY THE ENGINEER OR COUNTY. I /-43. .„I CITY TO INCREASE THE CONTRACTOR SHALL NOT REMOVE OR D/SIURBED ANY TREES OR SHRUBS WINOUT PRIOR u.iSERVICE LINglAS APPROVAL FROM THE ENGINEER OR NE ODIINTY. NrceSS.ART 8 ALL CONDUITS REQUIRED FOR UTILITY INSTALLATIONS SHALL BE INSTALLED PRIOR TO W.SNLT,•ED'NAND.f THE STREET/PAVEMENT CONSTRUCTION. 9.SITE LIGHTING SHALL BE PROVIDED,AS REQUIRED,BY ARCHITECT. SECTION C-C CS TYPE"C"G6 10ALL UTILITY CONSTRUCTION TO BE IN ACCORDANCE WITH COWER COUNTY NTS (Y GRATE EL=5.1 PUBLIC UTILITIES DIVISION AND Orr OF NAPLES(FAR WATER)SPECIFICATIONS LATEST EDITION. /- INV,W._2.0 i""7 5"ELDER(E) E INV .=5.0 *.o, Q Q ' i7 I O IO LF IS"RCP*C /0'TYPE C/" �L >-°.1 / INV.W.=20 LANDSCAPE SUPPER di *15.LANDSCAPE BUFFER P,-...UNG p._. • Q e 5'DRY DETENTI.74 SP- E SP• -'•RY DETENTION LA Ex 5T 0. �7 t 11 ''� y/$7 '�` "`� MATCH BUBBLER GB 4/-5.4' I (L1-19 ;�� A�r�"�.7 EK Ga. .�. .G. SOD ALL SLOPES ���: " F++OD ALL SLOPS /S2' AND BOTTOM TYPE"D" TYPE"D" AND BOTTOM GRATE EL U 4: WS.W.T.•30'NA.V.D.V C M/ CAIRB Q KSYA.T..BA.NAND. ti, BREAKS BREAKS V SECTION A-A SECTION D-r, NTSNTS A12' S 50. `�59 5 tp' UTILITY IS'L.ANDT0APE PA-- EASEMENT PARKING SP '�'". LINES BUFP6R D; i fr AROU 1.3' 14.2' 3' - , Fix.6D. MATCH PIR5 PLOW REQUIREMENTS n.n.,;11411.- D.7, '1111rSOD ALL SLOPS BUDS TYPE 11 B NON SPRINKLERED CURB HU TOTAL SF=6,000 5F AND BOTTOM rrPE•v 500 ALL SLOPES FIRE FLOW REQUIRED 1,500 OR EREAKSQUEM--u AND�TfOt•T FIRE PLOW TEST I0-14-16= 1,605 GPT WS.W.T.•50'NAND. WSJN.T.L.30'N.A.V.Q.0 - SECTION B-B Exhibit"B" 5 9 ,77- 0, oc,xm, ioao �wa _.e .. woe, mid uomonadmt ars uapeo malg atosAvE � . F :owaoi uim.,,,H A, � ' ...ze "..0..8.., .6. 144..t.DTI m`3-d Aato3 V=ere ....:.. — y uu sir e-'>,as'5= .sem ::gid ._ eau a .� roW ai. ���_- rd 0 al+wdsvmco„py„ ® 2N-dfIW9-9-dWTJ 9N-af1W9-9- - 7N-4fW9-b-, I .II.• '� a. NIA it ��Qi aeaxwrvao — ...,..w ,.' auuamic�ruwna ■ •w • ONao3� 0 .,,, a "` y"".".1 x:.Wo �` w v-v n�u.vs .....,.......,,,r.-- -,_ !�/ T AT:. Vii' ^ate ✓ . tit , * ana 3 L R '' ? LS', .y� �f-114 l NO/1.SS Y . 4 11 Ir711 4,31 I v �.xr. '®a �� 'a` ��i .in . I _ '_ ted.. I --..-2=1.---.7....;.-=-....-.----t,== • .74 ,_,..., _.w rc. il1� �" v � �� va OLM'LWT awa iin Mw,tiM .rn„snw,.v..ima "1 aii,",7 l r ��....��// cam+*' vS403.I '.,.w I mv.w.i w,°.°vu. w.. _ ...�. .woiw All/-0,A-1.1.7(114I'` WJj p .�....�•.».,+ems.......... ..>...... arm llL MJS aw.cuNma,wma r r ,pyo r v •.•—• .�c• u.... �' Or sw>.+.Av mora e'�mn�.v awws v1 +.a°« sn, .ms ,,, sNaM3s o3du03a =,,.... ,., C;•.Iiiii aadmora oodd 03111I)0321.... SrJrBl35 f Tom. 4 r� 0 , M A fLLiFA.�"�I /Srr� ehrun - bAT •Irma,, 00► -- = PROTECTION AROUND INLETSE; ,Y iit 4 "t" ...SEA OR SIMILAR STRUCTURJ:$ fqb, y„^ 'kyr F r ,, y,�,. IS R. A AT Y 1"nTk f i iyzJ k �' N y+. y.4'.. f �g aN !Fry 5y �+ 1WF NOTES L F,kt d 4' ,L.._ Ery TRE SlT IS FlLLEO ATR k L E%OnC VEGETATION ONLY. qc „(,,, STaAw RAi E.e1iG.[ _ M S V � nµ. x h 'L�1`1". uYf "' ,.e ..on: , If i amu'.' '1 } ";, M Am.m wwn.ea..��. uewc.m a.e.mon v.ew a �� 4i ✓� Nra.W« e_ � ` �a as ave` ",n"� r ya=+ 3 r r�. ¢ ae ,7, 1 � �, a a�, `vi y us' e ""Fe Sz'+d•rtr �e'°T ``� PROPrR a ArrNM�e Flrrn sARR r8 ��`�`, %�"�' S ., � yY DRMWSrq(' �� " � ',44�. 4 l Yrft i-- n r ''';;;,'"i:,',°:1,'•. r y,&,y` �'4 Y � �� �2 S ! f y>� ".fi� ""��i l f `4 �'�t� yr4�jg �}"u V ���� 'kms on N� u. ,.., 5.. �. ---- *44. .� r c�f...�. ._ A a .>r,�>LL �' �, LEGEND FLUCCS CODE: --..— BOUNDARY 740-Disturbed SILT FENCE LOCATION 14000 ts.y.h B, G..me J M =�—: --— ` �j Blair E Foley,Pt A LLC 44,0-3•1-- gayshore Brew Garden I &osion Con col Plan ) anl�& ,�.mmrc�emoNl 3 SS gaysho D[. a mae.CAiI:s+.la'".u;.+SI04Soc.,i' iaian�l r<4003reaa.� Collier Countv.�Nlonda 7 GMD Public Portal Planning Application Status Note:You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand, — Summary- Planning ummaPlanning Project Application Number: PL20160002978 Project Name: Bayshore Brewery (ARC) Application Types: Alternative Architectural Design (Status: Approved-Closed for Uploads) Application Status: Approved-Closed for Uploads Date Entered: 10/26/2016 Property Owner's Full Name: ANK CRAFTS LLC Description of Work: Alternative Architectural Design Application. Locations: 61841320001 3557 Bayshore DR - App11catian_Types1_c1ick_to_See-RPvi o W S) - Fees- — Deposits.&-Bonds, rnsppetionc Documents&-Images Date Uploaded Document Name 11/04/2016 Application Form (Submittal 1-ADplicaton-Prepared:odf) 10/31/2016 Cover Letter/Narrative Statement(Submittal 1-Cover Letter-Deviations Request- Preoaredpdf) 10/26/2016 Submittal 1 -Addressing Checklist 11/01/2016 Architectural Design Plan(15032 BAYSHORE BREWGARDEN AASD_161005- Prepared.pdf)'+ 10/26/2016 Receipt for transaction: 2016-070227 10/26/2016 PL Payment Slip 10/26/2016 PL Payment Slip 10/26/2016 Receipt for transaction: 2016-070298 11/07/2016 Bayshore Brewgarden CRA AQproval.odf 11/07/2016 Approval:Letter.PL2016-2978.pdf 1 Collar County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2300 NORTH HORSESHOE DRIVE wurw.L011ier�Ov.net NAPLES, FLORIDA 34104 (239) 252-2400 FAX:(239)252-6358 ALIT:MAINE CTR DES'GN LDC section x,05.08 Chapter 6 F. of the Adm stra ti e Coote PROJECT NUMBER PROJECT NAME (%x IS � r DATE PROCESSED CtT APPLICANT CONTACT INFORMATION Name of Owner ADAM KELLY Address: 3555 BAYSHORE DR City: NAPLES State: FL ZIP: 34112 Telephone: Cell: Fax: E-Mail Address: ankelley87@gmail.com Name of Agent: MICHAELA KENNING Firm: HLEVEL LLC Address: 9128 STRADA PLCity: State:NAPLESZIP:FL 34108 Telephone: Cell: 239 357 3804 Fax: E-Mail Address: michaela©hlevel.info PROJECT INFORMATION Project Name: BAYSHORE BREWERY Zoning: C-4IBNl1D-NC Building Type: COMMERCIAL Building Size: 6000 sq. ft. I Multi-Story DEVIATION REQUEST On a separate sheet attached to the application, provide a narrative identifying all of the standards of LDC section 5.05.08 from which the deviations are requested and provide justification for each deviation. Additionally, provide a narrative of the alternative architectural design and explain how the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. 8/27/2015 Page 2 of 3 vo.,,,, ,, , t. ,,..,,...,,,,,,,„„Hievet !..-1.0 ;0:,,T,e1- , 1 varr.at sS ra uaa C , I ' .., Naples, September ,.2016. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 N.Horseshoe Drive, Naples FL 34104 ARCHITECTURAL ALTERNATIVE DESIGN ; APPLICATION NO: P120150002675 I Contact Name:Adam Kelley Address: 3555 BAYSHORE DRIVE City, State 2ip/NAPLES, FL 34:112 JOB SITE ADDRESS: 3555 SAYSHORE DRIVE NAPLES, FL 34112 NARRATIVE Pet' LOC 5.05.08 C.13.b we are limited to use of color materials or finish paint above level 8 saturation (chrome) or below lightness level 3 on the Collier County Architectural Color Charts to no more than 10 percent of facade or 1 the total roof area. We are requesting deviation from the limited color SW 6321 "Red Bay" to be used for more 1 than 10 percent of facade. We believe this red will be a definitive character for the exterior, interior, and 4 branding for the new commercial project located in the Bayshore Gateway Triangle. 1 LDC 5.05.08 C.13.a Materials and Colors, Purpose and intent, states that 'exterior colors and materials contribute i C significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project.' We are providing an architectural style that will be a catalyst for new projects to come in the Bayshore Gateway Triangle. We met with the CRA and they approve of the style and design and feet that it fits in perfectly with the vision of what Bayshore should be. I Sincerely, j, i 1 4 Brandt Henning, AIA,NEARS,'LEED AP Architect ! 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O D D x Do rani D zr- D ZopAZ Zzz z z a -1 c c c r m c cA z.e ^ v z N aa r n ° a... o Nm n wsm rn D Z A secl 3 . . ,lil , Z so rn - m CD > DDS , ' v g 5 <gi F4 F, ALTERNATIVE ARCHITECTURAL STANDARDS DESIGNI Fl - Cm !RiTE!UESY(O1ee 1= I= $ BAYSHORE BREWERY UQui 3555 RAYSHORE DRIVE NAPLES,FL ' Im IN I Ir Hie.'iN_M stra0a plue„napies.t1 34 V. 239.871.071 wwwhht.linfo„lilenst las260C2675 PROJECT SUMMARY: • PROJECT SUMMARY: THIS IS AN APPLICATION FOR A AO.DITION/RENOVATION TO AN EXISTING METAL FRAMED STRUCTURE.IT IS LOCATED IN TIE COLLIER COUNTY. FL BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA.TIE MILIEU_WILIALINSIST OF RBOVATIONS TO 6065 S.F.CIF TIE EOSTING STRUCTURE WO A , JOIROOREWBRYTIIAT CONFOTIMIS TO TWIC-4/13MUO-NE ZORRIGENSTIXT. THE =PE OF WORK WILL ALSO INCLUDE SITE P1PROVEMENTS AND EXTERIOR STRUCTURAL ADDITIOINS PROJECT AREA GROSS EXISTING AREA (IWASURED TO THE OUTSIDE FACE OF EXTERIOR WALLS) 2 6000 S.T. — OCCUPANT LOAD CALCULATION: THE OCCUPANT LOAD IS CALCULATED PER FSC STH EDITION TABLE 1004.1.1 USE FORMULA OCCUPANCY ASSEMBLY UNCONCENTRATED 7246 SE. I/IS SR 1S0 PERSONS DAMES MO Mini KITCHEN, COMMERCIAL 353 S.F. 1/200 S.F. 2 PERSONS — STORAGE 2914.S.F. IP 1/300 S.F. 10 PERSONS BUSINESS AREA 534 S.F. @ 1/1/243 S.F. 6 PERSONS TOTAL NUMBER OF OCCUPANTS 16.0 OCCUPANTS CODE DATA: OCCUPANCY TYPE : 'A-7(ASSEMBLY) 5 _ -. r_: ., ,I, .;, L. .. _ i ii .f T _,, d7FFtCE lure 3 I _ •�,Il 11 3 I no II* INN D „Tq,„ .E. ?•'_y- artPLOT£Yb'TvN m.y ,�� i'1 +.EO^lE ^aI ��6T arniMerria enLiiYJBARRE.AZEING A y ■ ,11 k plE 1 :- "Eft �C ows IE-z1enIIyI F£Y;,rFE Yl D l 4 4' _ A AREA I I o.vmimit• T2'1..' w a �t�li` 3-pr , 0 0 i,,-. 0 1'14441.1b:mtitL A ' ''": .P6 11P. 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This letter is to advise you of staff's findings concerning your request. The subject property is zoned C-4-BMUD-NC (Bayshore Mixed Use District—Neighborhood Commercial)on the Collier County's zoning map and is located at 3555 Bayshore Drive in Collier County. Non-residential buildings and sites, as in the case of the subject project, are required to meet the requirements of LDC Section 5.05.08. However, in accordance with LDC Section 5.05.08 G.4.a.vi. this project may qualify for an administrative determination of deviations from the Section 5.05.08 development standards. The Deviations and Alternate Compliance provision of the LDC states that upon request by the applicant, the County Manager or his designee may administratively approve a Site Development Plan application that includes an"alternative architectural design and site development plan"that may be substituted in whole or in part for a plan meeting the standards of LDC Section 5.05.08. In approving an alternative plan, the County Manager or designee must find that the proposed alternative plan accomplishes the purpose and intent of LDC Section 5.05.08. GENERAL PROJECT DESCRIPTION The applicant describes the project as follows: Renovation of a 6,000 square foot building for a drinking establishment with accessory brewing of beer with associated site work. DEVIATION REQUEST—MATERIALS AND COLORS: In accordance with LDC Section 5.05.08.D.13.b, Exterior building colors. The use of color materials or finish paint above level 8 saturation (chroma) or below lightness level 3 on the Collier County Architectural Color Charts is limited to no more than 10 percent of a facade or the total roof area. The proposed West and South facades of the Building incorporating Sherwin Williams Paint SW6321 'Red Bay'paint color exceeds the 10 percent limitation on these facades. The applicant request seeks to allow alternative design deviations for the proposed `Red Bay' paint color as detailed below. Development Review•Growth Management Department•2800 North Horseshoe Drive•Naples,FL 34904.239-252-2400 a ARC P120160002978—Bayshore Brew Garden Page 2 Request for deviation from the materials and colors standards for the Buildings West and South facades: The request notes the building has been designed with the red color and will be a definitive character for the exterior branding and are providing an architectural style that will be a catalyst for new projects to come in the Bayshore Gateway Triangle. The request is to deviate from the 10 percent limitation for the Red Bay color on the West and South facades to allow the percentage of usage as proposed.The design proposes the following: • LDC 4.02.16 D.f Design standards for development in the Bayshore Gateway Triangle Redevelopment Area,applicants within the Bayshore Gateway Triangle Community Redevelopment District boundaries may request a deviation from the exterior building color requirements of LDC 5.05.08 D.13.b. • HLevel Architecture met with the CRA and presented the proposed design and colors. Jean Jourdan, Operations Manager,Bayshore/Gateway CRA provided an email verification stating the CRA Advisory Committee were in support of the concept and the color scheme is in line with the CRA's vision for the Cultural District along the Bayshore Corridor. Staff comments: LDC Section 5.05.08 G.2.,provides review criteria for Deviations and Alternative Compliance and states that "in approving an alternative plan, the County Manager or designee must find that the proposed alternative plan accomplishes the purpose and intent of this section. If the plan is approved through this section, the site development plan approval letter shall specifically note the deviations and the basis for their approval." In regard to the proposed deviation to the materials and colors standards from LDC Sections 5.05.08 D.13.b, the increased area of the Red Bay color on the West and South sides of the building provides an artfully enhanced alternative appropriate for the use and function of the building and its site context in the Bayshore Gateway Triangle along with the support and approval of the CRA. Based on the review of the proposed alternative design and justification, staff is of the opinion that the alternative architectural design depicted in the proposed plans accomplishes the purpose and intent of LDC Sections 5.05.08 D.13.b Materials and Colors of the LDC. Please note that approved deviations are allowed only as to the specific design and plan(s) reviewed. Any modification to an approved design and plan(s) shall necessitate re-review and approval by the County Manager or his designee. Very truly yours;, Coffer county Peter Shawinsky,RA \\ I Architect Reviewed and Approved Development Review,Growth Management Department For Permit Issuance Collier County Government PL20160002978 T:239.252.8523 F:239.252.2896 1110712016 Email: Petershawinsky@colliergov.net Development Review•Growth Management Department•2800 North Horseshoe©rive•Naples,FL 34104.239.252-2400 10 IIS CK# .—..�� II FIs Coer County MAY 1, 2017 > B vt COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE SAFE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.colliergov.net APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL Section 250-58 PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF OWNER 3570 Bayshore Drive, LLC ADDRESS PO Box 783 CITY Cranford STATE NJ zip 07016 TELEPHONE # CELL # FAX# E-MAIL ADDRESS NAME OF AGENT/APPLICANT Douglas A. Lewis FIRM Thompson Lewis Law Film, PLLC ADDRESS 850 Park Shore Drive, Su b201-ANales STATE FloridZIP 34103 TELEPHONE # 239-316-3004 CELL # 239-272-2372 FAX# 239-307-4839 E-MAIL ADDRESS Doug@Tllfirm.com REQUEST DETAIL Appeal of Application No. PL-20150002675 (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Submit required application fee in the amount of $1,000.00 made payable to the Board of County Commissioners. 1 y 74S 12Th AVENUE SouTm THOMP ON LEdm0 NAPLES,FL 34102 239.316.3006 OFFICE 239.307.4839 FACSIMILE counselors a IDoUc@TLLFIRM.COM May 17, 2017 VIA HAND DELIVERY Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Re: Appeal of Staff Approval of the Site Improvement Application; 3555 & 35557 Bayshore Drive &Parcel#: 618413200001 (the "Property"); Bayshore Brew Garden—PL20150002675 ("Site Improvement Plan") Ank Crafts LLC ("Property Owner") To Whom It May Concern: We represent 3570 Bayshore Drive, LLC (the "Adjacent Owner"),the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district("BMUD- NC")directly across the street from the Property,which is currently owned by the Property Owner and has an approved Site Improvement Plan, which approval was issued on April 18, 2017, "for industrial manufacturing of beer and related uses with site work." We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this appeal. On behalf of the Adjacent Owner, we hereby file this appeal pursuant to Section 250-58 based on the following: 1. That"industrial manufacturing of beer and related uses with site work"as described on the Exhibit "A".cover letter (attached hereto) as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property;and 2. That "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. wwwtllfim.com 2 Growth Management Division/Planning and Regulation ATTN: Business Center May 17, 2017 Page 2 By way of background, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map (attached hereto as Exhibit "C"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D"), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4)or the Bayshore Drive Mixed use Overlay District —Neighborhood Commercial Sub-district("BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly limit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such,we believe that"industrial manufacturing of beer"is not a principal,accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we are also submitting formal objections to the staff related to the Site Improvement Plan Application and comments not included by staff in prior reviews of the Site Improvement Plan Application. If you have any questions regarding this mater,please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dja cc: Mr. James Turri 3 { ,Biair A. Foley, PE. Civil Engineer/Development Consultant July 21,2016 • Mr.Renald Paul Collier County Development Services • 2800 North Horseshoe Drive Naples,Florida 34104 Re: Bayshore Brew Garden+1-6000 SF existing building renovation with site infrastructure Site Improvement Plan(SIP) Submittal—PL20150002675.Folio 6184320001 3555 Bayshore Dr.,Naples,FL • Dear Mr.Paul: The above..referenced.proiect consists of a 6000 SF bid.renovation for industrial manufacturing of beer and related uses,with site work. The project is located on a+/- 1.05 act.site on Bayshore Dr. Please find the attached data to process this SIP: 1. Review Check and fee worksheet. 2. 6 SIP sets,signed and sealed. 3. 1 SIP applications. 4.• 1 Cover Letters. • 5. 6 Landscape/irrigation plans. 6. 6 Aerial photographs in SDP set. - • 7. 6 Floor plans,elevations,rendering w/architect's color representa*.ions. 8. 6 Boundary surveys, including one signed and sealed. 9. 1 Warranty Deeds. 10. Irrigation and water meter sizing form,not required as it is City of Naples water. 11. 2 Sealed cost estimates for utility and paving,grading and drainage. 12. Property Ownership/Agent Authorization. , 13. 1 Engineer's Report,signed and sealed. 14. TIS attached,on the CD. 15. CD's of plans in pdf and dwg,and other project data. • 16. 1 Engineering,and Utility checklists. 17. 2 COA applications. 18. Fire Variance for driveway width. • Thank you for processing this request. Please call if you have any questions. Sincerely, Blair A.F Iey,PE Presiders - Blair A.Foley, P.E. '• 120 Edgemere Way South•Naples,Florida 34105 239.263.1222 •Fax 239.263.0472 • Cellular 239.289.4900•emPil• fois000CmaoLcorn Exhibit "A" . 4 . . . . ,oningiMaP http://colliercountygt,nd.rnaps.ar • cgis.corn/apps/webappviewer/index... Builder for ArcGIS with Web APP -. --. - - ... 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".-, --,-:' -..: ,• ..,,;:,;:'";::-:1-;.- ., - CO U ...; :"' "?''1- " - • -, - ' - ' .t,,,,,';:i .,, _ . • ,5.-.,-,%.,i-Z % ...-:tC0'-''- " '.::?•":17'1:-' .,-;,'"'L-^::1--;:`‘:,-;/...-'• -,',...- --'7'-''''''''.,'-' /..,'":. -- :.''... i:,';''''''-' "-_,- /"'";:-.,;-` '''' • • - - - • • , . • • • s ---..... 2Gatt it-ki,t, -81.771 26.1E2,,chi2 Debgireet Page 1 of 2 1 of 1 1/25/17,5:18? 5 __OTHERER The Historic/Archaeological Probability Maps are the official LAST REVISION: ZONING County source designating historic or archaeologic resources. ccavoa..4N-P CITY C:NAPLES IiIPM iii l -- ---'- i E I Fit\ I I pi 1/4_ ••31:CP p n_ 1` z t44.4.1.4♦4; • 0 ;Ts y 1 aRo-x. s $ a - *--_,5NNMN rri tJ1?r • Zm z L NWc aa r go.s > y9 g V Q [Quo g .1 y y 9 .1. 1.!_ leiral._jesia.1 V 3 1 o-am R-m-ec z 7.1}02.00.34 ato � Aro 4 13031 R-3Y34 Aa '., V\LI li S 5.12-32 V.D2-7 32-92 P 0 042-91 3.92.4 32 3 7 7.42 3.2-.14 92.412 0 0..11.41 V.95-3 33.30 D 0•.11-33 P3D-01-0= 35-21 (\ 93430 it 13 10 0 400 .7.E •(3)( 1041.7 .3-31.6 30-.0 \\`CCii 4 a11-m DLOC 0 ales 17x12-3o 0 3536 �» T �' '13°1 a-u v4°-roPOc-14 KC(IraIMI !f' �::, - j , p . - l al LAKEVIEW DRIVE AM 1 0EVF3fP10M=WARDS 140261032343 - O13.12-43 3-39-7 OS-73 1- ., - x mew-.v. ii. iiimui • - - 5- .. is , NMI., 71 ^ F:(c2}' dF113Ou A >- - -r --L�1" a =_ _ -• €® MS MS C - >z.:11111111113111=- .. —_s 25 WS i - y 2• _ Mme' - . N :.;co.,-4).;O ©$ �a�® - - \mal.\ .MU xcu n1/4......f • aa� v\\ti\viiimail \��`N.. \\\vim\. \: ® � � f .11 \�.�a. �\� 1 w ��5 14 .. 3.w 9 i�. { BMUD-NC�4,n 1 � =_ t-T+ BAY84 RIVE J(KELLY RoaD) I. C-4- y R i\\\ \\ \`a�\ \Or 11 1 $ p. 3 Via\\ \\6 Mini I'. EO Rt ,' .1 _'� � m . -pQ$ aO^1.O ° � 4pA .man „1. :"1'}_-�"' 4 8 Q I.;:LC) I -n F. Y BASIN``STREET 0 — NEW MOON CT. i®k N C ,; . ` - —es ww. ..... m HARVEST Cr. rial so w cFri ��® rn c Z maimP7 Mai INNIi Z5,.. O u N >y Exhibit 'EES' 0.51- .3=', 6 • 1 SMS Fl Shr, �y�-. ,v �'„ �.:�.moi'^G?v 7a-�'-•"�' SIC Code 2082 Malt Beverages • Classification/ • Manufacturins/ • Food and Kindred .../ • Beverases/ • Malt Beverages • Industry Manufacturing Description Establishments primarily engaged in manufacturing malt beverages. Cross References Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. 2of5 3/24/17,5:07 Illustrative Examples .Ale =Beer(alcoholic beverage) =Breweries =Brewers again =Liquors,malt =Malt extract,liquors,and syrups =Near beer =Porter(alcoholic beverage) =Stout(alcoholic beverage) Ale Beer(alcoholic beverage) Breweries Brewers'grain Liquors,malt Malt extract,liquors,and syrups Near beer Porter(alcoholic beverage) Stout(alcoholic beverage) Sample Business Listings Exhibit "C" 7 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-24Q0 RECEIPT OF PAYMENT Receipt Number: 2017408188 Transaction Number: 2017-031664 Date Paid: 05/18/2017 Amount Due: $1,500.00 Payment Details: Payment Method Amount Paid Check Number Check $1,000.00 1280 Check $500.00 1281 Amount Paid: $1,500.00 Change / Overage: $0.00 Contact: Thompson Lewis Law Firm, PLLC - Douglas A. Lewis 850 Park Shore Dr, Suite 201-A Naples, FL 34103 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Administrative Appeal PL20170001829 $1,000.00 $1,000.00 131-138326-341210 Legal Advertising Fee PL20170001829 $500.00 $500.00 131-138326-341950 (BCC) Cashier Name: ElizabethMendez Batch Number: 6371 Entered By: EvelynTrimino 8 ig 1281 THOMPSON LEWIS LAW FIRM, PLLC OPERATING ACCOUNT 745 12TH AVE S STE 103 NAPLES,FL 34102 63-215/631 DATE May 18, 2017 TO THE Board of County Commissioners 500.00 ORDER OF Five Hundred and 00/100 DOLLARS D L•r Turn_ Admin Fee tL Sui4Rusr ACM FIT 061000104 FOR -- 11'0000 1 2810 1:06 3 10 2 15 21: 1000 19 24 18 76 1u■ 9 r . 1280. THOMPSOLEWIS LAW FIRM, PLLC OPERATING ACCOUNT' 145.12THAVE S STE 103 NAPLES,FL 34102. DATE May. 17 017 63-215/631 • PAY ORDER Board of County Commissioners ORDER OF 1 ,D00.00 • One Thousand and 00/100 DOLLARS " I t FOR Tum - Appeal. ° ° � °� ° °� 11.0000 2800 1'0631,0.2 i52N10001924'L8761n °o ° °. • • Q TRANSMISSION VERIFICATION REPORT TIME : 0512412017 04:44PM NAME : THOMPSONLEWISCOLOR FAX : 2393074839 TEL . SER.# : U63786H5J245786 DATE,TIME 05/24 04:41PM FAX NO./NAME 17325719714 DURATION 00:02:25 PAGE(S) 11 RESULT OK MODE STANDARD ECM 11 AGENDA ITEM 3-C CO er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT REARING DATE: NOVEMBER 9TH,2017 ADA-PL20170001829 BAYSHOItE.BREW GARDEN SIP-APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the approval of Site Improvement Plan SIP- PL20150002675 for the Bayshore Beer Garden with accessory microbrewery. Per the Collier County Code of Laws and Ordinances, Section 2-87,the Hearing Examiner(HEX)shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use- Neighborhood Commercial zoning district The section states that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant;and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval of the Site Improvement Plan (SIP) by staff The issues here are whether the approval of the SIP, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use- Neighborhood Commercial zoning district(C-4-BMUD-NC). Should the HEX determine that the Site Improvement Plan approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use-Neighborhood Commercial zoning district, the HEX may overturn the administrative decision to approve the Site Improvement Plan. Should the HEX find none of the above,the HEX shall accept the administrative approval of the Plan. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive(Parcel No. 6184132000001),Naples,FL, 34112 (Aerial provided for on following page) ADA-PL20170001529 Page 1 of 6 1 745 12T"AVENUE SOUTH THOMPSON LE la SUITE 103 TL NAPLES,FL 34102 239.316.3006 OFFICE counselors IOrs a i 239.307.4839 FACSIMILE DOUG._Ca;TLLFIRM.COM March 31, 2017 VIA CERTIFEID MAIL RETURN RECEIPT REQUESTED 7015 1520 0002 1831 3739 Mr. Michael Bosi, Planning and Zoning Director Growth Management Division/Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 Re: Request/Application for Official Interpretation pursuant to the Collier County Land Development Code subsection 1.06.01 D.1; 3555 & 35557 Bayshore Drive &Parcel #: 618413200001 (the "Property"); Bayshore Brew Garden—PL20150002675 ("Site Improvement Application") Ank Crafts LLC ("Property Owner") Dear Mr. Bosi: We represent 3570 Bayshore Drive, LLC (the "Adjacent Owner"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC")directly across the street from the Property,which is currently owned by the Property Owner and has a pending Site Improvement Plan Application for industrial manufacturing of beer and related uses with site work. We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this letter/application. On behalf of the Adjacent Owner, we hereby request an official interpretation pursuant to the Collier County Land Development Code subsection 1.06.01 D.1 on the following: 1. That"industrial manufacturing of beer and related uses with site work"as described on the Exhibit "A" cover letter (attached hereto) as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. www.tllfim.com 1 Mr. Michael Bosi, Planning and Zoning Director March 31, 2017 Page 2 By way of background, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map (attached hereto as Exhibit "B"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "C"), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4) or the Bayshore Drive Mixed use Overlay District —Neighborhood Commercial Sub-district ("BMUD-NC"). In fact, the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such,we believe that "industrial manufacturing of beer" is not a principal,accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we are also submitting formal objections to the staff related to the Site Improvement Plan Application and related applications. If you have any questions regarding this mater, please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dj a cc: Mr. James Turri 2 :Big€r A. Foley, RE. Civil sneer I Development Consultant July 21,2016 Mr.Renald Paul Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Bayshore Brew Garden+1-6000 SF existing building renovation with site infrastructure Site Improvement Plan (SLP) Submittal—P120150002675.Folio 6184320001 3555 Bayshore Dr.,Naples,FL Dear Mr.Paul: The above referenced project consists of a 6000 SF bid.renovation for industrial manufacturing_ of beer and related uses.with site work. The project is located on a+/- 1.05 ac: site on Bayshore Dr. Please find the attached data to process this SIP: 1. Review Check and fee worksheet. 2. 6 SIP sets, signed and sealed. 3. 1 SIP applications. 4. 1 Cover Letters. 5. 6 Landscape/irrigation plan . 6. 6 Aerial photographs in SDP set. • 7. 6 Floor plans,elevations,rendering w/architect's color representations. 8. 6 Boundary surveys, including one signed and sealed. 9. 1 Warranty Deeds. 10. Irrigation and water meter sizing form,not required as it is City of Naples water. 11. 2 Sealed cost estimates for utility and paving,grading and drainage- 12. Property Ownership/Agent Authorization. 13. 1 Engineer's Report, signed and sealed. 14. TIS attached,on the CD. 15. CD's of plans in pdf and dwg,and other project data_ 16. 1 Engineering, and Utility checklists. 17. 2 COA applications. 18. Fire Variance for driveway width. Thank you for processing this request. Please call if you have any questions. 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I.1 l� 1453 > tt'71 9AYRHORE Dt--. l(KELLY ROAD) C-4-BMUD-N .,, , .... , 1, _____ ���a ago MO a�wr� a��oo�! �� is _- awo ��®\ Iwo: \0 ..\\ati�\\ gl: win INIEMSEIN co 0 •n s .wmilk r�N mar .,7.1"..."' I O O NEW M . y - � ®MAMA m ° .iIi c F�: �IPJ- -' O 1111103 N nsOI oo 1 rn c v ®a• j�4 4 .�-:. . - 11111.,1 ., , 211 Ila . r oga o r- c n Z z` z 05,3,4 �' Exhibit "Ba 5 g b4ie _ 4 k A ^a.Jmt S.Yr ..''� SIC Code 2082 Malt Beverages • Classification/ • Manufacturing/ • Food and Kindred .../ • Beverages/ • Malt Beverages • Industry Manufacturing Description Establishments primarily engaged in manufacturing malt beverages. Cross References Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. 2 of 5 3/24/17,5:07 Illustrative Examples ®Ale .Beer(alcoholic beverage) .Breweries .Brewers bgrain .Liquors,malt .Malt extract,liquors,and syrups .Near beer .Porter(alcoholic beverage) .Stout(alcoholic beverage) Ale Beer(alcoholic beverage) Breweries Brewers'grain Liquors,malt Malt extract,liquors,and syrups Near beer Porter(alcoholic beverage) Stout(alcoholic beverage) Sample Business Listings _ Exhibit "C" Notice of Official Interpretation of Collier County Land Development Code Ordinance Pursuant to Section 10.03.06.P of the Collier County Land Development Code (T,T)C), public notice is hereby given of an official interpretation. RE: INTP-2017-PL-1233, OFFICIAL INTERPRETATION REQUESTING THE COLLIER COUNTY ZONING DIRECTOR DETERMINE WHETHER THE "INDUSTRIAL MANUFACTURING OF BEER IS A PRINCIPAL, ACCESSORY OR CONDITIONAL USE THAT CAN OCCUR WITHIN THE COMERCIAL-4 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT_NEIGHBORHOOD COMMERCIAL ZONING_DISTRICT(C-4/ D- NC) The Collier County Zoning Director has been requested to render an official interpretation for the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district of the Land Development Code and if the industrial manufacturing of beer is allowed as a permitted, accessory or conditional use. Allowable uses within the underlying C-4 zoning area are listed within LDC Section 2.03.07 D and are of three types (as defined within LDC 1.08.00): Accessory use or structure. A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Conditional use. A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number,area, location, or relation to the neighborhood. Principal building, structure,or use.The main or primary use on a lot or parcel,or the building in which the main or primary use is housed or carried out. Within the request for the Official Interpretation,you raise two points: 1. "That industrial manufacturing of beer and related uses with site work as described on the Exhibit "A"cover letter as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property";and 2. "That"industrial manufacturing of beer"is not a principal,accessory;or conditional use that can occur on the Property." 1 Essentially both questions are asking the same, "is industrial manufacturing of beer", allowed within the Commercial-4/Bayshore Mixed Use Overlay Neighborhood Commercial zoning district. The first point is directly related to a 2015 Site Improvement Plan (PL20150002675), associated with property at 3555 and 3557 Bayshore Road, which read, "The above referenced project consists of a 6,000 SF building renovation for industrial manufacturing of beer and related uses, with site work." This project description was submitted within the 2015 SIP submittal. Subsequently the project description associated with the SIP was revised to read, "The above referenced project consists of a 6,000 square foot building for a lounge with microbrewery, with site work." Regardless of the revised narrative associated with the SIP,your Official Interpretation focuses on the question, "is industrial manufacturing of beer allowed on the property and within the C4/BMUD-NC zoning district?" The industrial manufacturing of beer,more typically known as a brewery(SIC 2082)as a principal use is in fact an industrial use that is not allowable as aprincipal or conditional use within eitherthe underlying C-4 zoning district or the BMUD- NC overlay district. As noted earlier within this official interpretation, within each zoning district there are permitted uses, conditional uses and accessory uses. The allowance of a microbrewery (on-site brewing of beer) associated with a proposed drinking establishment or in this instance beer garden,is an accessory use that is directly related to the principal use. The beer produced within the establishment will be for on-site consumption and incidental and subordinate to the primary use on the property. The subordinate relationship is reflected in the square footage allocations of the facility. Within the approved SIP (PL20150002675), 3,845 sq. ft. of the 6,000 total sq. ft. is proposed drinking establishment/drinking area or 57 percent of the structure; and 2,585 sq. ft. is dedicated to the microbrewery. Any percentage less than fifty percent qualifies as subordinate, but this is not the only test. The subordinate use must also be directly related to the primary use of the property. In this instance the microbrewery is directly intertwined with the beer garden as a source of the establishment's main product of sale(beer). As noted within this official interpretation, the zoning district appropriate for a brewery is Industrial Zoning. This is based upon the size, scope, scale and intensity of such facilities, often associated with large scale production capacities, demands upon utility infrastructure and distribution capability. A traffic analysis dated July 13, 2016 was completed by TR Transportation Consultants, Inc. Review of the trip generation associated with the beer garden and accessory microbrewery stated that the drinking area would generate 44 P.M.peak hour trips and the microbrewery would produce 3 P.M.peak hour trips, or six(6)percent of the total P.M.peak hour trips. The projected trip split further suggests that the microbrewery is subordinate to the overall operation. Additionally, the 2,585 square feet of the facility dedicated to the microbrewery use is of a scale that limits the external influence of the microbrewing activities to the subject site,with little to no external effect upon surrounding land uses. 3 Finally, to ensure that the production of beer is primarily for the operation of the brew garden, a condition of approval required of this Official Interpretation is that the sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department. This reporting requirement will ensure the primary use of the property is maintained. It should be noted that the property in question received a zoning verification letter dated October 2, 2015, prior to the SIP submittal, to clarify if a lounge with accessory microbrewery was a use provided for on the property. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals(BZA). An affected property owner is defined as an owner of property within 300 feet of the property lines of :e-land for-whieh the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a$1,000.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. The interpretation file and other pertinent information including the Zoning Verification Letter, Site Improvement Plan, and Traffic Analysis related to this interpretation are kept on file and may be reviewed at the Growth Management Division,Planning and Regulation building at 2800 North Horseshoe Drive,Naples, FL 34104. Please contact the staff member below at(239)252-6819 to set up an appointment if you wish to review the file. Mike Bosi,AICP, Director, Planning and Zoning Department 2 - County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION www.colliergov.net NAPLES,FLORIDA 34104 � /viii�ijti i/ii iii ��iii� iii ii (239)252 FA (239)252' 58 KA wry. `% i "rim� /F %r � PROJECT NUMBER PROJECT NAME DATE PROCESSED To be completed by staff ea az fir,_, ' �° y�` fire �� ': Owner: 3,570 Bav ilrare tre-ix.re, LLC Address: PO 783 Canford 07016 City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: A licant Douglas A. Lewis pp /Agent: Firm: Thompson Lewis Law Firm, PLLC Address: 850 Park Shore Dr.,Suite 201 Naples • State: F1orida2lP: 34103 Telephone: 239.316.3004 239.272.2372 239.307.4839 Cell: Fax: E-Mail Address: Doucafatllfirm.Can Interpretation No. AR- INTP-2017-PI,-1233 (Please reference the interpretation number that is being appealed) Attach a narrative describing the request,the legal basis for the appeal,the relief sought,including any pertinent information,exhibits,and other backup information In support of the appeal. uF See Chapter 3 A.of the Administrative Code for submittal requirements.The following items are to be submitted with the completed application packet: ic Completed application(download current form from County website) si Completed narrative X Electronic copy of all documents,please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: x Appeal of Official Interpretation Fee:$3,000.00 x Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,500.00 10/18/2013 Page 2 of 2 Narrative For Appeal of INTP-2017-PL-1233 Background Ank Crafts, LLC a/k/a ANKROLAB BREWING COMPANY (the"Brewing Company"), having a Business Mailing Address 3555 Bayshore Drive, Naples, Florida 34113, filed a Site Improvement Plan application on or about July 21, 2016 for a project consisting of"a 6,000 SF bld. renovation for industrial manufacturing of beer and related uses, with site work." "Industrial manufacturing of beer",known as a brewery, is an industrial use falling under the SIC code of SIC 2082 (See, Exhibit"D"to the OI Application as hereinafter defined). The Brewing Company's Site Improvement Plan application is known as the Bayshore Brew Garden—PL20150002675 ("Site Improvement Application"). Additionally,on June 12,2017,the Brewing Company filed an application for a building permit under PRBD20170622946 to"convert existing commercial building to a brewery and lounge" (the "Building Permit Application"). As of the date hereof, the Building Permit Application has been rejected by Collier County, Florida, and we understand that all proceedings and work pertaining to the Building Permit Application have been stayed pursuant to Sec. 250-59, Laws of Fla. Ch. 67-1246, §17 (the Site Improvement Application and Building Permit Application are collectively referred to herein as the "Project"). The address and parcel numbers for the Project are 3555&3557 Bayshore Drive&Parcel Number: 618413200001 (the "Property"). We represent 3570 Bayshore Drive, LLC (the "3570 Bayshore Drive"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC) directly across the street from the Property owned by the Brewing Company. The Property has a Collier County,Florida Future Land Use Map("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See,for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation,b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District(C-4)and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC) as confirmed by the Collier County Zoning Map(See,Exhibit"C"as attached to the 01 Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates 2 numerical references,that are defined within the"Standard Industrial Classification(SIC)Manual — 1987", in identifying and listing allowable zoning uses. "Industrial manufacturing of beer", known as a brewery having SIC code 2082, is not listed as a principal, conditional or accessory use in either the General Commercial District (C-4) or the Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code. Further, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff, 3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for off-site distribution, sales and consumption, as well as on- site consumption. In view of the Project and the foregoing, 3570 Bayshore Drive filed an application for Official Interpretation ("OI Application") on March 24, 2017 seeking confirmation from the Director of the Collier County Planning and Zoning Department that: (i)"industrial manufacturing of beer and related uses with site work" is not a permitted use of the Property, and (ii) "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. On August 10, 2017 and in response to the OI Application, a public Notice of Official Interpretation was issued ("INTP-20 17-PL-1233"). INTP-2017-PL-1233 gives the following opinions/interpretations (among others): (i) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD-NC overlay district; (ii) That the brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment(or in this instance beer garden). (iii) The beer produced within the Property will be for on-site consumption and incidental and subordinate to the primary use, drinking establishment, on the Property. a. The subordinate relationship is evidenced by the % of building square footage dedicated for drinking establishment use vs the brewery. b. The subordinate relationship is evidenced by a traffic analysis showing that the brewery would generate 6 percent of the total P.M. peak hour trips. c. The subordinate brewery use is directly related to the drinking establishment as the brewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). d. That a condition of approval, required for INTP-2017-PL-1233, is that "sales of onsite consumption must be maintained at a minimum percentage of 51 3 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department." Appeal On September 6, 2017, 3570 Bayshore Drive filed an appeal of INTP-2017-1233. In connection with the same, 3570 Bayshore Drive requests that INTP-2017-1233 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further, in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. Alternatively,and in the event it is determined that a brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment, 3570 Bayshore Drive requests that INTP- 2017-1233 be modified and amended as necessary to confirm the following: (i) The beer produced or manufactured within the Property shall not be for off-site distribution, sales and consumption and shall be manufactured for on-site consumption only and incidental and subordinate to the drinking establishment use on the Property. a. That a condition of approval, required for 1NTP-2017-PL-1233 (as amended), is that"beer produced or manufactured on the Property shall: (i) not be for off- site distribution, sales and/or consumption, and (ii) be manufactured/used for on-site consumption only." An accessory use must be both incidental and subordinate to the principal use.See,Section 1.08.02 of the LDC. A brewery is not a permitted type of accessory use on the commercially zoned Property. Further,it is not incidental and subordinate to the drinking establishment.3570 Bayshore Drive disputes the percentage of building square footage dedicated for drinking establishment use vs the brewery as stated in INTP-2017-PL-1233.The intensity of this industrial/manufacturing use is fully incompatible with the commercial use C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. INTP-201.7-PL-1233 establishes dangerous precedent that goes well beyond the Property in how it will be applied in the future. In a nutshell, the Brewing Company cannot improperly seek to re-classify a principal use as an accessory use to subvert and undermine Collier County's Comprehensive Plan and LDC. 4 AGENDA ITEM 3-B Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9TH, 2017 SUBJECT: A0I-PL20170003285 - BAYSHORE BREW GARDEN 01- APPEAL PURPOSE AND DESCRIPTION: The Appellant's request is to seek reversal of the administrative approval of the Official Interpretation INTP-PL20170001233 (Attachment "A") for the Bayshore Beer Garden with accessory microbrewery in the General Commercial Zoning District,within the Bayshore Mixed Use Overlay District-Neighborhood Commercial Subdistrict(C-4-BMUD-NC). Per the Collier County Code of Laws and Ordinances,Section 2-87,the Hearing Examiner(HEX)shall review the record of action and to determine if any part of the administrative decision was inconsistent with existing Land Development Code (LDC) and the General Commercial/Bayshore Mixed Use-Neighborhood Commercial zoning district. The section states that the HEX must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. The appeal petition is focused specifically on the claims raised by the Appellant as they relate to the approval contained within the Official Interpretation by staff. The issue here is whether the OI, as rendered by the Growth Management Department (the administrative decision) was consistent with the existing Land Development Code and the General Commercial/Bayshore Mixed Use-Neighborhood Commercial zoning district(C-4-BMUD-NC). Should the HEX determine that the Official Interpretation approval is contrary to the Land Development Code and the General Commercial 4/Bayshore Mixed Use-Neighborhood Commercial zoning district,the HEX may overturn the administrative decision contained within the Official Interpretation. Should the HEX find none of the above,the HEX shall accept the administrative approval of the OI. SUBJECT PROPERTY: The appeal is focused upon property located at 3555 & 3557 Bayshore Drive (Parcel No. 6184132000001), Naples, FL, 34112 (Aerial provided for on following page) SIC Code 5813 Drinking Places (Alcoholic Beverages) • Classification/ • Retail Trade / • Eating and Drinki... / • Eating and Drinki... / • Drinking Places (Alcoholic ... Industry Retail Trade 1 Description Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer,ale, wine,and liquor, for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments. Illustrative Examples Bars (alcoholic beverage drinking places),beer gardens (drinking places), beer parlors (tap rooms),beer taverns,beer,wine,and liquors: sale for on-premise consumption,bottle clubs (drinking places),cabarets cocktail lounges,discotheques,alcoholic beverage, drinking places, alcoholic beverages,night clubs, saloons (drinking places),tap rooms (drinking places),taverns (drinking places),wine bars. Reference Marketing Leads • J&B Enterprises • Anheuser Busch Inc • Lodge • MillerCoors • Fado Pubs Inc • Baby Dolls Fort Worth • Feather Falls Casino & Lodge • Carlisle Syntec Inc • Baby Dolls Saloon • Capitol City Brewing Co • City Wine Market • South Coast Winery • Spirits Lounge & Casino • Royal Club LLC • Club Soho • Schieks Palace Royale • Full Throttle Camping • Shotgun Willies • Fillmore • Pleasure Island • Larry Flynt's Hustler Club • Harvard Club of Boston • Bureau Bar • Primetime Cocktails • Domaine Chandon Winery Further Classification 6-digit SIC • 581301Bars • 581302Discotheques • 581303Cocktail Lounges • 581304Night Clubs 2 • 581305Pubs • 581307Comedy Clubs • 581308Night Clubs Information Service 7-digit SIC • 5813001Drinking Places • 5813002Beer Gardens • 5813003Cocktail Lounges • 5813004Saloons • 5813005Taverns • 5813006Wine Bars • 5813007Night Clubs • 5813008Cabaret • 5813009Discotheques • 5813010Gentlemen's Club • 5813011Bars & Lounges • 5813012Pubs • 5813013Bars • 5813014Comedy Clubs • 5813015Night Clubs Information Services 8-digit SIC • 58130000Drinking Places • 58130100Bars And Lounges • 58130101Bar(drinking Places) • 58130102Beer Garden (drinking Places) • 58130103Cocktail Lounge • 58130104Saloon • 58130105Tavern (drinking Places) • 58130106Wine Bar • 58130200Night Clubs • 5 8130201 Cabaret • 58130202Discotheque • 58130203Gentlemens Club Free Business Search - SIC 5813 Buy Industry List for SIC 5813 Order Full Details From 15 Million Companies Marketing Research Total Companies:10118 Est. Employment:175136 dated NAICS Codes X22410 - Drinking Places (Alcoholic Beverages) 3 f � SIC Code 2082 Malt Beverages • Classification/ • Manufacturing/ • Food and Kindred .../ • Beverages/ • Malt Beverages Industry Manufacturing Description Establishments primarily engaged in manufacturing malt beverages. Cross References Establishments primarily engaged in bottling purchased malt beverages are classified in Industry 5181. 2 of 5 3/24/17,5:07 1 Illustrative Examples •Ale •Beer(alcoholic beverage) •Breweries •Brewers'grai n •Liquors,malt •Malt extract,liquors,and syrups ',Near beer ',Porter(alcoholic beverage) •Stout(alcoholic beverage) Ale Beer(alcoholic beverage) Breweries Brewers'grain Liquors,malt Malt extract,liquors,and syrups Near beer Porter(alcoholic beverage) Stout(alcoholic beverage) Sample Business List' 4 Description-SIC Code 2082-Malt Beverages http://siccode.com/en/siccodes/2082/malt-beverages • 2082006Brewers Grain • 2082007Malt Extract • 2082008Malt Syrups • 2082009Ma1t Liquors • 2082010Near Beer 8-digit SIC • 20820000Malt Beverages • 20820100Malt Beverage Products • 20820101Brewers' Grain • 20820102Extract,Malt • 20820103Syrups,Malt • 20829901Ale(alcoholic Beverage) • 20829902Beer(alcoholic Beverage) • 20829903Liquors,Malt • 20829904Near Beer Free Business Search- SIC 2082 Request Industry List for SIC 2082 Order Full Details From 15 Million Companies Business Listings Total Companies: 1411 Est.Employment: 59195 Related NAICS Codes 311942- Spice and Extract Manufacturing 312120-Breweries 4 of 5 5 3/24/17,5:07 PM ,,,,.=- V Co m I of Cdjlier CLERK OF THE CRC IT COURT COLLIER COUNT OUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- ii - k of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 _I' NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditoi `. C stodian of County Funds August 23, 2017 Douglas A. Lewis Thompson Lewis Law Firm, PLLC 850 Park Shore Dr., Ste. 201-A Naples, FL 34103 Re: PL20170001829 —Bayshore Beer Garden Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, September 12, 2017, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 23, 2017. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Cannon, Deputy Clerk Enclosure 1 Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com NOTICE OF PUBLIC HEARING Notice is hereby given that on September 12th at 9:00 A.M. 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 following: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL TO THE BOARD OF ZONING APPEALS OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP-PL20150002675 FOR THE BAYSHORE BEER GARDEN WHICH ALLOWS AN ACCESSORY MICROBREWERY TO THE PROPOSED TAVERN/BAR, IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. [PL20170001829] A copy of the proposed Appeal 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 Division, 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 PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK, CLERK By: Teresa Cannon Deputy Clerk(SEAL) 2 Nosamamommamr i clot' I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that on September 12th at 9:00 A.M. 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 , following: 3570 BAYSHORE DRIVE,LLC,FILED AN APPEAL TO THE Be •i OF ZONING APPEALS OF THE ADMINISTRATIVE APPRO • OF THE 1 O O09 SGV p/'G SITE IMPROVEMENT PLANSIP-PL20150002675FORT BAYSHORE U�j,* 1— ( � 7 BEER GARDEN WHICH " ' IN THE - COMMERCIAL Z jjjr I/ / ZONING DISTRICT WITHIN THE BAYSH RE M D USE OVERLAY .o DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4- BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 4g BAYSHORE DRIVE,NAPLES,FLORIDA IN SECTION 14,TOWNSHIP rt✓1 1/4740.l 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. A [PL20170001829] ,�c (�VrIY� A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection. All interested parties are Wit it v 41,4- invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must k(i" qrf ( 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 /,C'/ir v ,(f to speak on behalf of an organization or group is encouraged. I 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 c1.f'C_ e4. jr�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 area person with adisabilitywho 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,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 PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) August 23,2017 No.1726960 3 4 ?kptci > AdProof Batt scWEt Sales Rep:Mereida Cardenas(N9103) Phone: Email: Date:08/18/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Contact Name: Ad Id: 1726960 P.O.No.: Total Cost:$381.61 Email:martha.vergara@collierclerk.com collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:08/23/17 Stop Date:08/23/17 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- '`- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 4 i0 • f NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9100 A.M., November 9th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, 0 to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE c—4-/ADMINISTRATIVE APPROVAL OF THE SITE IMPROV PLAN SI17 PL20150002675 FOR THE BAYSHORE BEER GARDEN N THE COMMS AL ZONING DISTRICT WITHIN THE BA HORE MIXED USE .----- OVERLAY DIS ICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC)' THE SUBJECT PROPERTY IS LOCATED AT 55 ar,L 355.7 ,-ft, BAYSHORE DRI E, NAPLES, FLORIDA IN SECTION 14, TOWNS P 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORID . --Z [PL20170001829] 4. �. 1.,._ I Davis BLVD a G S17+-. a -E vk__. •-..„ j q �m t t, :w > m , z i >, , 2 , , , : , , N9 m Rattlesnake' Zo -- -, L. PROJECT Thomasson DR. a�nmock RD < r.' .-,, �_ LOCATION 1 1 3 - ---unci irk �i i � "' ' 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'' \ c s d" record. 4 cl 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, 7,� Zoning Services Section,2800 Irth Horseshoe Drive,Naples,FL. 't:' -Z°' The Hearing Examiner's decision1 date rendered If a person A r\ decides to a e any decision made by the Collier County Hearing Examiner with 1c respect to any matter considered at such meeting or hearing,he will need a record of s 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 C `1� which the appeal is to be based. \�s I' 1 If you are a person with a dis ility who needs any accommodation in order to participate in this proceeding, u are entitled, at no cost to you, to the provision of certain assistance. Please ontact the Collier County Facilities Management .r C\ Division located at 3335 Tami i Trail East,Suite 101,Naples,Florida 34112-5356, ,_' (239)252-8380,at least two d s prior to the meeting. N Mark Strain, h4 e4-c, ct 6..1- ci f Chief Hearing Examiner �^ o1 / ��L -. bAL— C Collier County,Florida O ' K4- 1'�L r n October 20,2017 1.0°Y'5'" ND-1789998 (:; ..,-% , ...... , _,_, ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: 1 a1,, fq p',, e'hA°,os,ty jevi PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ®v 61/, 'J�� ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/13/2017 4:43 PM /41 111;/f7/ SALES PERSON: Ivonne Gori PROOF DUE: ND-1789998.INDD -, v PUBLICATION:ND-DAILY NEXT RUN DATE: 10/20/17 SIZE:3 col X 9.25 in 5(6' , - i 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., November 9th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPR INTP-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE �s i' fir... COMMERCIAL ZONING DISTRICT WITHIN THE YSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL _ , SUBISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED - -AT 3555kBAYSHORE DRIVE,N LES,FLORIDA IN SECTION 14,TOWNSHIP 1' 50 SOUTH AND RANG 5 EAST, IN COLLIER COUNTY, FLORIDA. 4 `, 4<1 [PL20170001233] � , ';7: , -.. ` - VFX ' �. Dav°s 8LV[7 Y 10 . "f v '' r ,xnsZ - ,--DD n; ^4� •tea,, — '/ 1>t \' ''.6� .:'2'... Q ti`t : r ^ t ,f i G PROJECT ? Thotnassorti pF,, ; '.(ainrhoek F#D2a ',:.:.,. . : a ,, ::, : ,„, „...,..., c)- , „�, "'- LOCATION , ; • S S , � ,c � -, , " )‘' .� -.4k,N1 -.... ‘l' \\L) „ ' % -;•-• 5-• All interested parties are invited to appear and be heard. All materials used in 1\ k O., presentation before the Hearing Examiner will become a permanent part of the record. •<-.- •..-.S Copies of staff report are available one week prior to the hearing. The file can be S� .,. om.. reviewed at the Collier County Growth Management Department, Zoning Division, '\� --st< Vs" —" Zoning Services Section,2800 N th Horseshoe Drive,Naples,FL. �S" • - (The Hearing Examiner's decision paeomes�rr--the-. . 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 .. y� that proceeding,and for such purpose he may need to ensure that a verbatim record of -A Z �~ I the proceedings is made,which record includes the testimony and evidence upon which (,. >, �- the appeal is to be base '''" 1 < If you are a person with-adisability 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. Pleas contact the Collier County Facilities Management , Division located at 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112-5356, '�\---"••• ......1 (239)252-8380,at least two days prior to the meeting. Mark Strain, N • Chief Hearing Examiner 47�.' 'i� �� / �q It', Collier County,Florida ` ��. c!`"' \ October 20,2017 `/ ; /� ! ND-1790001 „ 1v1S t v FI ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: b Pt I'Q vn ail°t`'+/ ,,`• PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/13/2017 4:35 PM SALES PERSON: Ivonne Gori PROOF DUE: ND-1790001.INDD PUBLICATION:ND-DAILY NEXT RUN DATE: 10/20/17 SIZE:3 col X 9.25 in 2 Douglas Lewis crom: R. Bruce Anderson <rbanderson@napleslaw.com> Sent: May 25, 2017 5:56 PM To: Douglas Lewis Subject: RE: Bayshore Brew Garden Doug, Thanks for getting back to me so quickly. It was a pleasure to speak with you. It would seem that our clients are presently at an impasse.There is no restaurant associated with my client's lounge. We remain open to further dialogue about my client's project which enjoys broad community support in the CRA. Thanks, Bruce R. Bruce Anderson Attorney at Law CHEFFYP MO Cheffy Passidomo, P.A. .4-Ttor4.XtTS AT LAW' 821 5th Avenue South Naples, FL 34102 (239) 659-4942 direct (239)261-9300 telephone (239)261-9782 facsimile rbanderson(a,napleslaw.com www.napleslaw.com its e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is .iot addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300 and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From: Douglas Lewis [mailto:Doug@tllfirm.com] Sent:Thursday, May 25,2017 10:32 AM To: R. Bruce Anderson<rbanderson@napleslaw.com> Subject: Bayshore Brew Garden Bruce, It was nice speaking with you yesterday. I just got off the phone with my client and presented your client's offer to limit shipment(off-site) of beer manufactured (at the Bayshore Brew Garden)to one truck per week. My client greatly appreciates the offer to limit the production and shipment of manufactured beer for off-site use and consumption by the public at large. However, his position is that use of the property must comply with the County's zoning ordinances and that this site is the wrong location for that use of the property. In this regard, he would like to know if your client will agree that any(ancillary and subordinate to the restaurant) manufacturing of beer use be advertised, marketed, conducted and operated only as is necessary for on-site .nsumption by restaurant patrons visiting the Bayshore Brew Garden restaurant. Thank you again for reaching out to me on this, and we are hopeful that we can come to an agreement on this point. 1 trip generation land code to this use. Also, confirm that the square footages used for.trip generation calculations do not match the SIP square footages. 7. Confirm that the SIP seeks to establish uses, densities and intensities in accordance with the underlying C-4 zoning designation, not the BMUD-NC. Further,that Table 1 of the BMUD-NC overlay expressly prohibits industrial manufacturing of beer as an accessory use to a bar or tavern. Please advise. Best, Douglas A. Lewis Douglas A. Lewis, For the Firm BEST "THO PSOLEWIS tounaelarst law 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html icensed to practice law in Florida, Texas and Washington DC Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A.Lewis and the Thompson Lewis Law Firm,PL1.,C intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. if you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 4 Douglas Lewis prom: Douglas Lewis Sent: November 8, 2017 12:29 AM To: 'mikebosi@colliergov.net; 'chrisscott@colliergov.net' Cc: 'HeidiAshton@colliergov.net' Subject: RE: Bayshore Brew Garden OI Appeal PL20170003285 and Bayshore Brew Garden SIP APPEAL PL20170001829 Mike and Chris, In view of the zoning requirements for this site and in an effort to help narrow the issues in the appeals(and time needed to adequately present my client's appeals),would staff support adding any(or all) of the following conditions to the SIP approval (if so, please advise which of the below items staff can support)? 1. Prohibit packaging(such as canning and bottling)to ensure retail sale of beer for consumption at the bar on the premises for all beer manufactured on the site. 2. Prohibit all onsite use of forklifts to prevent offsite distribution and ensure that manufactured beer is accessory to the retail sale of beer for consumption at the bar on the premises. 3. Prohibit offsite wholesale distribution of the industrial manufactured beer to ensure that manufactured beer is accessory to the retail sale of beer for consumption at the bar on the premises. 4. Prohibit use of distilleries(such as SIC code 2085) and wholesale distribution of liquor(such as SIC Code 5182)on the property. 5. Given staff's position on accessory use, require that all of the industrial manufacturing of beer on the site be for onsite, retail sale and consumption only. 6. Modify the SIP to expressly limit square use footages within the building consistent with the square footages used in the TIS trip allocations. Also,would staff support making any(or all) of the following revisions to the Interpretation Letter? 1. Confirm that the SIP seeks to use the property for industrial manufacturing of beer under SIC Code 2082. 2. Given's staff's position on accessory use,confirm the following zoning requirement—that all (not 51%of) industrial manufacturing of beer on the property be for onsite, retail sale and consumption only. a. Confirming that a non-retail, brewery business engaging in offsite distribution and offsite consumption is not and cannot be incident to the retail sale of beer for consumption at the bar on the premises. 3. Modify page 1 to confirm that: (i)the three types of allowable uses within the underlying C-4 zoning area are permitted use, conditional use and accessory use; and (ii)the property can contain more than one permitted use. 4. Modify pages 2 and 3 to confirm that the math is wrong on the square footage allocations, and acknowledge that: (i)the approved parking calculations in the SIP are based on 3,000 square feet of industrial manufacturing or 50%of the structure; (ii) page one of the SIP shows only 2,246 square feet for tables and chairs in connection with the bar use. 5. Modify page 2 to confirm that the property is located in the Urban, Mixed-Use District, Urban Coastal Fringe Subdistrict and the Bayshore/Gateway Triangle Redevelopment Overlay, and that the County's Comprehensive Plan and FLUM do not permit industrial manufacturing of beer or any other types of industrial uses whatsoever within the Urban, Mixed-Use District, Urban Coastal Fringe Subdistrict and the Bayshore/Gateway Triangle Redevelopment Overlay. 6. Modify page 3 to confirm that the TIS did not document or take into account the scope,scale, capacity and intensity of the beer to be manufactured at and distributed from the site and merely assigned a light industrial 3 Let me know if this is acceptable to your client. Best, Douglas A. Lewis E T L THOMPSON LEWIS L sitot taw 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: dougPtllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC C intend that this message be used exclusively by the addressees) This message may contain information that is privileged. confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A.Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be "sed, to (1) avoid penalties imposed under the Internal Revenue Code or ( any transaction or matter. This legend has been affixed to comply withU.S. Tre sury Regulat ons governing ing� tax practice. 2 Douglas Lewis From: Douglas Lewis Sent: November 8, 2017 4:07 PM To: 'StrainMark'; Clay C. Brooker; BosiMichael Cc: AshtonHeidi Subject: RE: Attachments: Procedural Handout 11-9-2017.docx Dear Hearing Examiner Strain, Thank you. It appears that the property owner is being treated as a party to the proceeding. I contacted Heidi on Monday by email to confirm this by requesting identification of all of the parties to the proceedings.Also, I asked her to identify any known non-party participants and noted that the attached procedure does not comply with Chapter 9 of the APM (I am working off the APM on the County website. Perhaps it has been updated?). I asked for the basis for not following Chapter 9 of the APM and have still not received anything from the County Attorney's Office on this. Heidi suggested that I address my due process questions/objections on the record at the hearings tomorrow. So as not to waive my client's due process rights,this will confirm that have raised and/or am raising due process objections in advance of the hearing based on: (i)the delivery,two days ago, of hearing procedures that do not comply with Chapter 9 of the APM, (ii)the combining of the time-frames for the separately filed appeals, (iii)the limited time afforded (it would help expedite the presentation if questions could be held until the end of the presentation of the evidence, (iv) the order of presentations(for example,the applicant speaking first, with up to two plus hours of contrary testimony following, then not being able to introduce new evidence during rebuttal and not being able to speak last in support of the paid for appeals), (v) lack of examination of expert witnesses,and (vi) issues pertaining to staff's cancellation of the prior advertisement for the scheduled 9/12 hearing before the BCC on the Site Improvement Plan. Best, Douglas A. Lewis Douglas A. Lewis, For the Firm BEST T T O PSO LEWIS L IFI'f ' �' LiSIGr _ counselors gt law Via, 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-Lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any '•,nds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of ✓ire instructions provided to you. 1 Both Douglas A.Lewis and the Thompson Lewis Law Firm .'LLC;intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. 0 Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:StrainMark [mailto:MarkStrain@colliergov.net] Sent: November 6, 2017 8:22 AM To: Douglas Lewis<Doug@tllfirm.com>; Clay C. Brooker<ccbrooker@napleslaw.com>; BosiMichael <MichaelBosi@colliergov.net> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: Good morning. Attached find the procedure for Thursday's Hearing Examiners meeting. Mark Strain Hearing Examiner 2800 North Horseshoe Drive Caples, Fl. 34104 239.252.4446 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. C 2 Douglas Lewis From: Douglas Lewis -Th;ent: November 6, 2017 9:26 AM To: Clay C. Brooker; BosiMichael;AshtonHeidi Subject: RE: Attachments: Procedural Handout 11-9-2017.docx Heidi, Can you identify all of the parties to these proceedings?Can you also identify any known non-party participants? The attached procedure does not comply with Chapter 9 of the APM. Can you provide the basis for not complying with the same? Best, Douglas A. Lewis Douglas A. Lewis, For the Firm T ET OMPSON LEWIS' ounseiors ttlgost .. 850 Park Shore Drive ThSuite 201-A Caples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tlIfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-Lewis-1250057.htm l Licensed to practice law in Florida, Texas and Washington DC Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressees). "d'his message may contain information that is privileged; confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this com1nw ication in error.please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing _`?f any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations rove practice. governing 1 Douglas Lewis From: Douglas Lewis Sent: October 17, 2017 11:34 AM To: 'VelascoJessica' Cc: 'BosiMichael'; 'SmithCamden' Subject: FW: 1726960, NOTICE OF PUBLIC HEARING Notice-Bayshore Beer Garden Appeal of SDP CCF22082017.pdf For your file, please find my comments to the prior ad to the Board of Zoning Appeals provided to you back in August of 2017. I see that none of my comments were included in your proposed hearing examiner ads for the appeal of SIP PL20150002675 and INTP-PL20170001233. Further, no reasoning for not including my comments in the ads were provided to me by staff and no one from staff contacted me to discuss my comments in connection with the hearing examiner ads that you circulated to me yesterday for review. Respectfully, Douglas A. Lewis (. ITHOMPSON LEWIS counselors 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail:doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC C intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing f any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing practice. 1 Douglas Lewis From: Douglas Lewis Sent: August 23, 2017 3:11 PM To: 'AshtonHeidi'; 'BosiMichael' Cc: 'KlatzkowJeff' Subject: RE: Bayshore Beer Garden SDP appeal All, I did not see the notice in the NDN today for my client's 9/12 hearing on the appeal of the SIP. Further, I have not received any follow-up on the below. Please advise. Douglas A. Lewis ' ` L THOMPSON LEWIS nselorsatlaw 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm, P1.1.1:: intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited, If you have received this communication in error,please permanently dispose of the original message and notify Douglas A, Lewis immediately at 1(239)316-3006. Thant;you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: Douglas Lewis Sent:August 22, 2017 4:12 PM To: 'AshtonHeidi' <HeidiAshton@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Importance: High Heidi, • At 2:24 PM today,you said, "Because of the late receipt of your comments, the ad could not be run by the Clerk."This is incorrect and conflicts with your new asserted basis at 3:21 pm today for not publishing the ad. At 1 about 2:45 pm today, I learned from Ms. Cannon, at the Clerk's Office, that unbeknownst to me your office cancelled the ad at 9:51 am today without disclosure to me or my client and without my client's consent or approval. • At 12:46 PM today,you said, "Doug,The issue is moot now. As you know, our advertising process requires your approval of the ad. You failed to get the changes to the ad to minutes and records. The first I saw your changes to the ad was when I opened your 10 am email at 11:30 am. Your email came in after I left for my 10 am meeting. The clerk gave us a deadline, of which you were aware."This is incorrect and conflicts with your new asserted basis at 3:21 pm today for not publishing the ad.At 2:45 PM today, I learned from Ms. Cannon, at the Clerk's Office, that unbeknownst to me your office cancelled the ad at 9:51 am today without disclosure to me or my client and without my client's consent or approval. • At 11:31 AM today you said, "I just got out of my 10 am meeting. It looks like we missed the Clerk's deadline." This is incorrect and conflicts with your new asserted basis at 3;21PM today for not publishing the ad. At 2:45 PM today, I learned from Ms. Cannon, at the Clerk's Office, that unbeknownst to me your office cancelled the ad at 9:51 am today without disclosure to me or my client and without my client's consent or approval. • You have a copy of the conflicting voice mail from Mike to me this morning. • At 9:26 AM today,you said, "All, If applicant does not accept the ad by 11:30 am, then this item will not run tomorrow. And the hearing date will be moved." Regarding the one hearing on the 01 and the SIP appeal,we have been working towards the 9/12 hearing date since summer and the items are not identical. Not sure what happened on your end, but your staff position on this was not communicated to me until today, and I have still not been provided with any specific basis in the Code or otherwise for trying to push back the hearing date (was set in the summer)on the appeal of the SIP. Please run the ad for the SIP appeal ASAP so we can proceed with the planned 9/12 appeal on the SIP. Douglas A. Lewis THOMPSON ayturselars atlaw 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail:doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A.Lewis and the'Thompson Lewis Law Firm, PL1.C intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this info oration is strictly prohibited. .If you have received this Communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. cyiny federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing 2 of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent:August 22, 2017 3:21 PM To: Douglas Lewis<Doug@tllfirm.com>; BosiMichael <MichaelBosi@colliergov.net> Cc: Klatzkowleff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Doug, I approved the original ad proof yesterday. See attached In the 01 and the appeal of the SIP,you ask the same identical questions and raise identical issues. You only get one hearing. gfeldi A/ai m-tea Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 From: Douglas Lewis [mailto:Doug@tllfirm.com] Sent:Tuesday,August 22,2017 3:06 PM To:AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net> Cc: Klatzkowleff<JeffKiatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Importance: High Heidi, Respectfully,your statement below is incorrect. I did not miss the 12 pm deadline set today. I did not miss the 11:30 am deadline today either. At 9:51 am today and well before the deadline you set and disclosed to me this morning,your office, unbeknownst to me and without my client's authorization, directed the Clerk to cancel the ad. Please find the attached that I just received from Ms. Cannon at the Clerk's Office. What has occurred today is frankly disturbing and unacceptable. I suggest that your office contact the NDN to publish the notice tomorrow for the 9/12 hearing. Douglas A. Lewis LiiLo counselors at law 850 Park Shore Drive Suite 201-A Naples, Florida 34103 irect Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 3 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-1 ewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm,PI..A..0 intend that this message he used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A.Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent:August 22, 2017 2:24 PM To: Douglas Lewis<Doug@tllfirm.com>; BosiMichael<MichaelBosi@coliiergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Doug, Because of the late receipt of your comments,the ad could not be run by the Clerk. Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239)252-8400 From: Douglas Lewis [mailto:Doug@tlifirm.com] Sent:Tuesday,August 22, 2017 1:35 PM To:AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net> Cc: Klatzkowleff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Heidi, I provided my comments to the ad as requested and well in advance of the cut-off that was established today. If you reject my comments,then run the ad as you propose noting my objections to not including my comments. If you agree with the changes, please make them ASAP and run the ad tomorrow. best, 4 Douglas A. Lewis T � THOMPSON LEWIS counutars at kw 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug(a)tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm,PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged;confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent:August 22, 2017 12:46 PM To: Douglas Lewis<Doug@tllfirm.com>; BosiMichael <MichaelBosi@colliergov.net> Cc: Klatzkowleff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Doug, The issue is moot now. As you know, our advertising process requires your approval of the ad. You failed to get the changes to the ad to minutes and records. The first I saw your changes to the ad was when I opened your 10 am email at 11:30 am. Your email came in after I left for my 10 am meeting.The clerk gave us a deadline,of which you were aware. ge.de/144at-eee(¢o Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 rrom: Douglas Lewis [mailto:Doug@tilfirm.com] Sent:Tuesday,August 22, 2017 12:04 PM 5 To:AshtonHeidi<HeidiAshton@colliergov.net>; BosiMichael<MichaelBosi@colliergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: RE: Bayshore Beer Garden SDP appeal Heidi, Respectfully,we have been working towards the 9/12 hearing date since summer. Why am I just now hearing of your position below? My client has paid his fees and is entitled to a timely appeal as scheduled. Best, Douglas A. Lewis `I`II I? t ill LEWIS munsetors at taw 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057,htmi Licensed to practice law in Florida, Texas and Washington DC i.3oth Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable ,aw. Unauthorized disclosure or use of this information is strictly prohibited, if you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:AshtonHeidi [mailto:HeidiAshton@colliergov.net] Sent:August 22, 2017 11:26 AM To: Douglas Lewis<Doug@tllfirm.com>; BosiMichael<MichaelBosi@colliergov.net> Cc: KlatzkowJeff<JeffKlatzkow@colliergov.net> Subject: Bayshore Beer Garden SDP appeal Doug, We are not taking this to the Board at two different hearing dates. If you are appealing the 01,then both appeals need to be heard at a future date on the same day. The 01 appeal cannot be heard on Sept. 12 because it requires an advertised public hearing. qelde/fatieout-6eee8 'eidi Ashton-Cicko .Jlanaging Assistant County Attorney Office of the Collier County Attorney 6 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 From: Douglas Lewis [mailto:Doug@tllfirm.com] Sent:Tuesday,August 22, 2017 11:07 AM To: BosiMichael <MichaelBosit colliergov.net> Cc:AshtonHeidi<HeidiAshton@colliergov.net> Subject: RE: 9/12/17 BCC Ad Approval Needed Mike, Respectfully,we have been working towards the 9/12 hearing date since summer, and per my direction,we are proceeding towards the 9/12 hearing. I have no objection to hearing our 01 appeal on the same day or later. Best, Douglas A. Lewis :THOMPSON LEWI S- coun*likits.at 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tlIfirm.com 'Ittp://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-Lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm, 1'1,1.,x: intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank.you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with.U.S. Treasury Regulations governing tax practice. From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:August 22, 2017 9:42 AM To: Douglas Lewis<Doug@tllfirm.com> Cc:AshtonHeidi<HeidiAshton(a colliergov.net> Subject: RE: 9/12/17 BCC Ad Approval Needed Doug, We can't have two hearings on the same issue. Per your direction,then we will delay the SIP appeal and it will be a companion to the 01 appeal. Sincerely, mike From: Douglas Lewis [mailto Doug@tlIfirm.com] Sent: Friday,August 18, 2017 4:05 PM To: BosiMichael <MichaelBosi@colliergov.net> Subject: RE: 9/12/17 BCC Ad Approval Needed Thanks Mike. The appeal application will be filed next week. I have a call into the client on your below question and will circle back with you as soon as I get direction from the client on this. At this point,we are proceeding with the appeal of the SIP as scheduled. Best, Douglas A. Lewis rj, 11 TIIOMPSO I, ): wl ;, . srellan t it o 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-Lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm. PLLC intend that this message be used exclusively by the addressee(s), This message may contain information that is privileged;confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. if you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. Original Message From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:August 18, 2017 1:19 PM To: Douglas Lewis<Doug@tlIfirm.com> Subject: RE: 9/12/17 BCC Ad Approval Needed Doug, If you would like to include the 01 appeal in the public hearing, an application is needed, and we will need to push the hearing date. mike From: Douglas Lewis [Doug@tllfirm.com] "ant: Friday,August 18, 2017 1:04 PM J: BosiMichael Subject: RE: 9/12/17 BCC Ad Approval Needed 8 Mike, I just received the 01 about 10 days ago, not over the summer. Can't make a decision on appealing an 01 that has not been issued and cannot be reviewed. Didn't hear back from you on my email last week regarding staff's position that 49%or less of the total sales from beer manufactured at the site can be sold, distributed and consumed off-site, all completely unrelated to on-site/bar consumption of the manufactured beer. The appeal is being filed. Douglas A. Lewis [cid:image001.ipg a@O1D1AAB8.B243FEC0][cid:9135BB4D8C836A408D12D3DF5FB2BF83@namprdl7.prod.outlook.com] 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail: doug@tllfirm.com<mailto:doug(a@tllfirm.com> http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida,Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S.Treasury Regulations governing tax practice. Original Message From: BosiMichael [mailto:MichaelBosi@colliergov.net] Sent:August 18, 2017 12:51 PM To: Douglas Lewis<Doug@tllfirm.com> Subject: RE: 9/12/17 BCC Ad Approval Needed Doug, an application would need to be submitted to officially appeal the 01. Procedural due process requires an official request and review time and public notification. This was the reason I asked over the summer if the 01 was going to be appealed,then we would have had to push out the hearing date. mike From: Douglas Lewis [Doug@tllfirm.com] Sent: Friday,August 18, 2017 11:42 AM To:VelascoJessica Cc: SmithCamden; BosiMichael Subject: RE: 9/12/17 BCC Ad Approval Needed Will review. However,we are appealing both the Oland SIP. 3uglas A. Lewis [cid:image001.ipgP01D1AAB8.B243FECO][cid:9055552164988641B70A4533B142484E@namprdl7.prod.outlook.com] 9 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone: (239)316-3006 Facsimile: (239)307-4839 E-Mail:doug@tllfirm.com<mailto:doug@tllfirm.com<mailto:doug@tllfirm.com<mailto:doug@tllfirm.com» http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.avvo.com/attorneys/34108-fl-douglas-iewis-1250057.htm l Licensed to practice law in Florida,Texas and Washington DC Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used,and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter.This legend has been affixed to comply with U.S.Treasury Regulations governing tax practice. Original Message From: VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent:August 18, 2017 11:38 AM To: Douglas Lewis<Doug@tllfirm.com<mailto:Doug@tlIfirm.com» Cc:SmithCamden<CamdenSmith@colliergov.net<mailto:CamdenSmith@colliergov.net»; BosiMichael <MichaelBosi@colliergov.net<mailto:MichaeiBosi@colliergov.net» Subject: 9/12/17 BCC Ad Approval Needed Importance: High Good Morning Doug, Attached you will find the Naples Daily News Ad Proof. Please review and send in your approval in writing via email. If you'd like to make any changes to the title, please send in your suggested revisions, and we will review them. If you have any questions, please let me know. Respectfully, Jessica Velasco Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@colliergov.net<mailtoaessicavelasco@colliergov.net<mailtoaessicavelasco@colliergov.net<mailto:jessica veiasco@colliergov.net» nder 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. 10 International Co.v.City of Miami Beach,90 So.2d 9014fik,.191.4 .., Page 906 expressly permitted as 'accessory uses' for tenants of hotels but only when they have no 90 So.2d 906 entrances from the outside of the building. INTERNATIONAL COMPANY,Inc.,a The reason for the restriction is obvious. In Florida corporation,Appellant, the district where appellant's property is v. located,buildings may be erected only for use The CITY OF MIAMI BEACH,a as hotels and as multiple family dwellings or municipal corporation duly organized apartments, with accessory buildings. We and existing under the laws of State of have upheld zoning generally in the Miami Florida,and David Topp,as zoning Beach area where the principal consideration inspector of the City of Miami Beach, was aesthetics on the showing that because of Florida,Appellees. the very nature of the place restrictions that Supreme Court of Florida,Special had no relevancy to health, safety and morals, Division B. could be imposed because the general welfare Nov.28, 1956. of the community depended upon preserving its beauty. City of Miami Beach v. Ocean & Patton&Kanner,Miami,for appellant. Inland Co., 147 Fla.480,3 So.2d 364. Ben Shepard, Miami, and Joseph A. Under Chapter 9837, Laws of Florida, Wanick,Miami Beach,for appellees. Sp.Acts of 1923, the City of Miami Beach was granted authority which, of course, must be THOMAS,Justice. exercised within constitutional limitations, The appellant owns a tract in the City of Page 907 Miami Beach on which are located two hotels and an apartment building, and also a to designate what areas should be limited to parking lot, cabanas, and swimming pools for residential use and what to commercial use. the use of its patrons. In the hotels are By placing appellant's property in the former cocktail lounges and in one of them a coffee category, its use for commercial purposes at shop. once became inhibited. This litigation was precipitated by the One of the principal purposes of action of an inspector of the Zoning Ordinance No. 289, supra, was the Department when he ordered the appellant to preservation of the attractiveness of the city, remove or change the language of a sign which could be done so long as the restraints displayed by the appellant near the sidewalk imposed did not constitute deprivation of at the entrance to the hotel. In his decree the property without due process of law by an chancellor held that maintenance of the sign improper exercise of the police power. constituted a violation of Sec. 5 of Ordinance No. 289 and that the pertinent provisions of But in resolving the conflict of police the ordinance were constitutional. He power versus property rights in the present dismissed the bill of complaint by which the litigation,we do not have the simple question appellant sought an injunction against whether or not, the accessory uses we have interference by the city with its use of the described being legal, the appellant may sign. maintain the offending sign. Under the ordinance, which is a The hotel business is properly conducted comprehensive regulation of zoning in the at the location, but the accessory uses were city, coffee shops and cocktail lounges are approved only as incidents to the hotel as -1- last international Co.v.City of Miami Beach,90 So.2d 906(Fla.,1956) accommodation of its guests. Each of the accessory uses could be independent businesses and legally operated in a commercial area. None of them could be independently operated in the area where the hotel is located. The sign occupies a prominent position in front of the hotel. It extends inward from the inner edge of the sidewalk and rests on top of a wall so that it is visible for a considerable distance. In bold letters and figures passers-by may see '3-Hours Free Parking' and in words less conspicuous 'Coffee Shop,' 'Cocktail Lounge,' 'Dining Room,'and'Leave your car at front door with attendant.' In the center of the sign appear the name of the hotel and the words "Patrons Only." It seems to us that the effect, if no the purpose, of the sign is to attract persons who are not guests of the hotel and to create patronage the same as if the cocktail lounges and coffee shop were independent commercial enterprises. As we construe the sign it transforms accessories into principals and, if allowed to exist, will serve as an instrument to circumvent and undermine the zoning regulations. We think the chancellor correctly decided the case and the decree is therefore---- Affirmed. DREW, C. J., ROBERTS, J., and OGILVIE,Associate Justice,concur. -2- last City of Miami Beach v.Uchitel,305 So.2d 281 (Fia.App.3 Dist.,1974) Page 281 The court found that Mr. Uchitel was not in violation of the zoning ordinance because 305 So.2d 281 its provisions do not prohibit advertising to CITY OF MIAMI BEACH,a Florida the public by means of television or Municipal Corporation,Appellant, newspaper, and enjoined the City of Miami v. Beach from further prosecution of Uchitel for Hyman UCHITEL,Appellee. violations of the zoning ordinance arising No.74--645. from advertising to the public. District Court of Appeal of Florida, Third District. On appeal, the City of Miami Beach Dec.31, 1974. argues that the City's zoning ordinance provides for two types of uses, namely Page 282 residential and commercial, and that a restaurant may be maintained as an accessory Joseph A. Wanick, City Atty., Sibley, use in an apartment-residential district for Giblin, Levenson & Ward, Miami, for the primary use and convenience of tenants, appellant. but such restaurant is not permitted to advertise its existence to the public, thereby Katz & Merritt, Deerfield Beach, Harvey holding itself out as a commercial restaurant. J.St.Jean,Miami Beach,for appellee. Before HENDRY, HAVERFIELD and In International Company, Inc. v. City of Miami Beach, Fla.1956, 90 So.2d 906, the NATHAN,JJ. Florida Supreme Court held that although the zoning ordinance expressly permits cocktail PER CURIAM. lounges and coffee shops in residential areas The City of Miami Beach, defendant in of Miami Beach as accessory uses, a the trial court, seeks review of an adverse prominent sign outside the building would final judgment in an action for declaratory not be permitted. The effect, if not the purpose, of the sign would be to attract and injunctive relief. persons not residents of the building or guests �yman Uchitel, the plaintiff-appellee, of the hotel and create patronage as if the (owns and operates a restaurant in a large coffee shop or cocktail lounge were an apartment building on Miami Beach, located independent commercial enterprise. in a district zoned for hotel, apartment house For these same reasons, we hold that and apartment-hotel use only. Mr. Uchitel television and newspaper advertising began advertising h s restaurant in the transformed Uchitel's restaurant from an newspaper and on television, whereupon the City of Miami Beach issued zoning violations accessory into a principal use. In his work on alleging the operation of an Zoning (Second Edition), Basset states at against him, improper commercial use in a residential page 100, that 'Many ordinances have elaborate statements regarding accessory zonerchitel then filed a suit in the circuit buildings and uses, but they can usually be court for injunctive and declaratory relief in reduced to a prohibition of business order to procure a decree declaring his Uchitel accepted the conditions of the restaurant operation to be in accordance with accessory use and he cannot now, by Zoning Ordinance No. 1891 of the City of circumvention,undermine existing zoning Miami Beach, which permits 'accessory use,' but prohibits'commercial use.' Page 283 r last 3 City of Miami Beach v.Uchite,305 So.2d 281 (Ha.App. 3 Dist., 1974) regulations and create a commercial establishment. The economy of the City of Miami Beach is based upon the careful preservation of its residential areas. Enormous amounts of capital have been expended in the construction, operation and maintenance of hotels and apartments within the City on the basis of the distinction in the City's Zoning Ordinance between hotel and apartment areas and business or commercial districts. Uchitel's suit seeks to destroy the distinction between the two. For the reasons stated, the judgment hereby is reversed. Reversed. 1 last Turnberry Isle Condominium Association Inc.v.Florida Pritikin Center Inc.,Case No.3D03-2437(FL 2/22/2006) (Fl,2006) Page 1 Association's Condominium (and three other condominium buildings), the private TURNBERRY ISLE CONDOMINIUM Turnberry Isle Club,swimming pool facilities, ASSOCIATION, INC., etc.,Appellant, a health club, restaurants, spa, tennis courts, v. a marina, a fifty(50) room hotel and a twenty FLORIDA PRITIKIN CENTER,INC., (2o) room hotel. The property was zoned by etc., and TURNBERRY COUNTRY Dade County in two basic categories, RU-4A CLUB,etc., et al.,Appellees. and BU-2, prior to the creation of the City of Case No.3D03-2437• Aventura.1 After the City's creation, the City's District Court of Appeal of Florida, zoning on the property is functionally the Third District. same as the County's zoning. Opinion filed February 22, 2006. The deposition of Reginald Walters, the An Appeal from the Circuit Court for County's planning director at the time of the Miami-Dade County, Roberto M. Pineiro, County's rezoning, as well as other Judge, Lower Tribunal Case No. 99-13642 documents, including the County's original CA22. zoning resolutions, make it clear that the principal use of the Turnberry development, Richman Greer Weil Brumbaugh including the Association's property, is as a Mirabito & Christensen and Gerald F. luxury, multi-family, planned residential Richman and Laline Concepcion-Veloso and community served by various accessory (or Michael J.Napoleone for appellant. ancillary) uses.2 Thus the luxury residential units comprise the principal use, and any Stearns Weaver Miller Weissler Alhadeff additional uses on the property must be & Sitterson and Eugene E. Stearns and Ana ancillary to(or accessory to)the principal use. Barnett and Kelly R. Melchiondo; Greenberg That is to say, any use on the subject property Traurig and Clifford A. Schulman;Zuckerman i must benefit the property residents and notZ Spaeder and Ronald B. Ravikoff and Steven J. be available to the general public at large. Wisotsky and Jennifer R. Coberly; Johnson, Anselmo, Murdoch, Burke, Piper & McDuff Pritikin is operating on the Turnberry and Michael T. Burke and Jonathan F. property adjacent to the Association's Claussen(Ft.Lauderdale)for appellees. residences, "Pritikin Longevity Center" or centers, including a medical group, all of Before GREEN, FLETCHER, and which principally (if not solely) serve the RAMIREZ,JJ. general public. They are not subordinate to, nor incidental to,the principal use,the luxury FLETCHER,Judge. Turnberry development. Pritikin's uses are Turnberry Isle Condominium thus illegal. Consequently the decision below Association, Inc. [Association] challenges the is reversed,with instructions to the trial court commercial use by Florida Pritikin Center, to compel the termination of the illegal uses. Inc. [Pritikin] of property which is part of a Reversed and remanded with luxury residential development. We reverse instructions. the trial court's decision which determined that Pritikin's use of the property is a proper NOT FINAL UNTIL TIME EXPIRES TO use pursuant to the City's zoning ordinances. FILE REHEARING MOTION AND, IF The Turnberry Isle Yacht and Racquet FILED,DISPOSED OF. Club complex includes, inter alfa, the last S Turnberry isle Condominium Association Inc.v.Florida Pritikin Center Inc.,Case No.31303-2437(FL 2/22/2006) (Fl,2006) Notes: 1.A number of other zoning actions were also taken(such as the granting of variances). 1-2.An ancillary(or accessory)use is one which is incidental or subordinate to the principal use of the property. Zalarick v. Monroe County,467 So.2d 1088(Fla.3d DCA 19852• 6 IaSt ATTORNEY AFFIDAVIT The undersigned, after being duly sworn on his oath, swears and affirms as follows: 1. My name is Stephen E. Thompson. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar Number 442460, authorized to practice law and am practicing law in the State of Florida. My business address and business mailing address is Thompson Lewis Law Firm, PLLC, 745 12th Avenue South, Suite 103, Naples, Florida 34102. My business telephone number is 239-316-3006. 3. I have practiced law in Florida for over thirty-three(33)years, and I am Board Certified by The Florida Bar in real estate matters. 4. In the course of my law practice I have reviewed,edited,drafted dedication and easement language,and processed many plats in counties and other municipalities throughout the State of Florida, my resume summarizing my qualifications and experience is attached hereto as Exhibit"A". 4. In connection with Bayshore Brew Garden 01 Appeal PL20170003285 and Bayshore Brew Garden SIP APPEAL PL20170001829, I am familiar with and have carefully reviewed the caselaw in Florida applicable to "accessory uses." 5. An accessory use is one that is incidental and subordinate to the principal use of the property. See, Zarlarick v. Monroe County„467 So.2d 1088 (Fla. 3d DCA 1985). 6. An accessory use is one that is incident to a permitted use and does not permit the creation of an independent commercial enterprise. The creation of an independent commercial enterprise transforms an accessory use into a principal use. See, International Co. v. City of Miami Beach, 90 So. 2d 906 (Fla., 1956). FURTHER AFFIANT SAYETH NOT. '1111111111P i, Stephe ti ompson STATE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) The foregoing instrument was sworn to and acknowledged before me this day of November, 2017, by Stephen E. Thompson, on behalf of Thomp-on Lewis Law Firm, PLLC, who iX is personally known to me or( )has produced as identification. tom.-_- , ,//312 (SEAL) NARY PUBLIC Name: KATHLEEN R.SINGER SM"'y'' KATHLEEN R.SINGER (Type or Print) _.: rat'.Y.. MY COMMISSION#FF241001 My Commission Expires: EXPIRES:September 25,2019 Llp.. dl`.� '�•.,q;,t;c•�` Bonded Thru Notary Public Underwriters `2 STEPHEN E. THOMPSON Present Occupation: Real Estate Attorney—Commercial Board Certified in Real Estate by the Florida Bar Board of Certification Office: Thompson Lewis Law Firm,PLLC 850 Park Shore Drive, Suite 201-A Naples,FL 34103 Ph: (239)316-3006 Fax:(239)307-4839 CURRENT PROFESSIONAL LEGAL PRACTICE THOMPSON LEWIS LAW FIRM 850 Park Shore Drive,Suite 201-A,Naples,FL 34103 Positions Held: Partner LEGAL EDUCATION Juris Doctor Degree,cum laude,December 1982 J. Reuben Clark School of Law,Brigham Young University Law School Merit Scholarship Recipient Member,Phi Delta Phi,Society of International Law Author&Editor,Journal of Legal Studies UNDERGRADUATE Bachelor of Arts with Honors in French EDUCATION Concentrations in International Relations,Spanish and Education Florida International University, 1980 Honors: School of Education Full Academic Scholarship, 1978-80 Department of Modem Languages Academic Scholarship,Fall 1979 PROFESSIONAL The Florida Bar,Real Estate Board Certification Committee(2004) AFFILIATIONS Collier County Bar Association,Chairman of Real Estate Section(1990-1991) Urban Land Institute (ULT), Executive Committee of Southwest Florida District Council (1998- 2004) Ave Maria Law School Leadership Council(2008-2010) J.Reuben Clark Law School Alumni Board,Class Representative(2004-2007) Brigham Young University Alumni Association,Board of Directors(2008-2012) ACCOMPLISHMENTS Named to The Best Lawyers in America®for Real Estate Law(2008-2018);and Litigation-Real Estate(2012-2018) AV®PreeminentTM rating from Martindale-Hubbell Law Directory Board Certified in Real Estate Law by The Florida Bar Board of Legal Specialization Selected as a"Florida Super Lawyer"(2006&2007,2009-2013) Served in the United States Army(1972-1975) COMMUNITY ACTIVITIES AND INTERESTS Boy Scouts of America: District Commissioner for Alligator District,May 1993 to May 1994 Served on Council Executive Committee of Southwest Florida Council Served on Council Advisory Committee of Southwest Florida Council Served in various positions as an Adult Scout Leader almost continuously since 1973; Three times as Scoutmaster,Assistant Scoutmaster,Troop Committee for LDS Troop 52,Webelos leader,and Blazer Scout Patrol Adult Leader,Chartered Organization Representative Cubmaster,Pack 65,Immokalee,Florida,January 2012 to February 2015 Silver Beaver Award Recipient—2014 SW Florida Council Committee-at-Large member—April 2013 to present Economic Development Council of Collier County,Inc.: Member 1989- 1993,Blue Chip Committee(Chairman,Redevelopment Sub-committee) Trustee Member 1994- 1999,Community Affairs Committee Membership Committee Naples Area Chamber of Commerce: Member,Urban Study Committee 1994-1997 Redevelopment Committee Chairman 1997-1998 Urban Land Institute—Southwest Florida District Council Member,Executive Committee 1998—2005,2015 to present Senior Executive Committee 2001-2005 Naples Area Board of Realtors: Member 1994,Governmental Affairs Committee(Chairman,Transportation Sub-committee) Affiliate Member 1993 to present Collier County Bar Association: Real Estate Section Chairman, 1990-1991 Member, 1987 to Present The Church of Jesus Christ of Latter-Day Saints: Area Seventy—April 2013 to present 2nd Counselor,Florida-Tampa Mission Presidency,October 2009 to April 2013 Stake President,Fort Myers Florida Stake—February 1999 to September 2009 1st Counselor Fort Myers Florida Stake Presidency,September 1998 to February 1999 Bishop of Naples Ward(700 member congregation),August 1993 to September 1998 High Council for the Fort Myers Stake, 1990 - 1993 (local governing body of The Church for geographical area extending from Bradenton on the North to Marco Island on the South); Stake Young Mens'President(1990-1992),Bishop's Counselor(three times),Elders Quorum President,etc. Community Service in Emergency Relief: • Organized and led LDS SW Florida Relief Response for Aug./Sep. 1992 Hurricane Andrew Cleanup Effort, consisting of 150+volunteers from SW Florida working in South Dade County communities and with the 10th Mountain Division of US Army,for 4 weeks after the storm. • Organized and led LDS SW Florida Relief Response for Albany,Georgia Flood Cleanup Response 1994, consisting of approx.45 volunteers from SW Florida working in Albany,Georgia after serious flood event,in connection with over 2,000 other LDS volunteers in the response effort • Organized and led LDS Florida State-wide Relief Response for Aug.2004 Hurricane Charlie Cleanup Effort, consisting of over 2,000 volunteers per weekend from Central and South Florida working in Charlotte County, for 9 weeks after the storm. Coordinated delivery of over 15 semi-loads of relief supplies,etc. • Assisted in organization LDS Florida State-wide Relief Response for 2004 Hurricane events of Francis,Ivan, and Jeanne Cleanup Efforts,consisting of over 10,000 volunteers per weekend from West,Northeast,Central and South Florida working in all hurricane impacted communities,for each week after the storms for over 3 months. Coordinated delivery of over 10 semi-loads of relief supplies,etc. Organized and led SW Florida LDS volunteer teams consisting of over 350 volunteers for several weeks after last storm event. • Acted on behalf of the LDS Church as representative to accept State-wide disaster response"Heroes Helping Heroes" award to LDS Church from Florida Governor Jeb Bush for assistance rendered to First Responders during the 2004 Hurricane Relief efforts. • Organized and led LDS Florida State-wide Relief Response for October 2005 Hurricane Wilma Cleanup Effort, consisting of over 1,000 volunteers per weekend from Central and South Florida working in Collier County, for 4 weeks after the storm. Coordinated delivery of over 12 semi-loads of relief supplies,etc. • Organized and led LDS Florida State-wide Relief Response for September/October 2017 Hurricane Irma Cleanup Effort,consisting of over 10,000 volunteers per weekend from North,Central and South Florida working in Lee County,Collier County,and Monroe County,for 8 weeks after the storm. Coordinated delivery of over 21 semi-loads of relief supplies,to various locations throughout Florida. PAST PROFESSIONAL WORK EXPERIENCE THOMPSON LEWIS LAW FIRM,PLLC 850 Park Shore Drive.,Suite 201-A,Naples,Florida 34103 Positions: Partner,2016 to present ROETZEL&ANDRESS 850 Park Shore Drive,Suite 300,Naples,Florida 34103 Positions: Partner-in-Charge,Florida Offices,2000 to 2009 Chairman,Florida Real Estate Practice Group, 1993 to 2000 Partner,June 1993 to 2016 FROST&JACOBS 4001 Tamiami Trail North,Suite 300,Naples,Florida 34103 Position: Naples Office Managing Partner,November 1991-June 1993 Partner- 1991-June 1993 Real Estate Associate,March 1987-November 1991 SWAN&HADDOCK,P.A. 135 West Central Avenue,Suite 1100,Orlando,Florida Position: Real Estate Associate,March 1985-March 1987 VORYS, SATER, SEYMOUR and PEASE 52 East Gay Street,Columbus,Ohio Position: Real Estate Associate,April 1983-1985 Summer Associate,May-August 1982 FOX,EDWARDS&GARDINER Salt Lake City,Utah Position: Law Clerk/Associate,December 1982-April 1983 SANDY CITY CORPORATION 800 East 100 North,Sandy,Utah 84070 Position: Law Clerk,August 1981-April 1982 BLACKWELL,WALKER,GRAY,POWERS,FLICK&HOEHL Suite 2400, 1 SE 3rd Avenue,Miami,Florida 33131 Position: Administrative Clerk,October 1978-March 1980 General office duties relating to support of legal staff and operations. Supervisor: Patrick Barthet,Administrator MISSION FRANCAISE DE PARIS,THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS 19 Rue du Onze-Novembre,Le Vesinet,France 78110 Position: Missionary,November 1975-November 1977 Representing LDS Church in Paris,Tours,and Angers areas Supervisor: President Jack T.Fuller,Esq. UNITED STATES ARMY,HHB 1/65TH ADA U.S.Naval Air Station Key West,Florida 33040 Position: Medical Corpsman(combat medic MOS),August 1972-August 1975 Supervisor: LCDR Smith,USN MSC or LT Reiger MC USNR ADMISSIONS District of Columbia Florida Georgia Ohio Tennessee Utah U.S.Court of Appeals,Eleventh Circuit U.S.Court of Appeals,Tenth Circuit U.S.District Court,District of Utah U.S.District Court,Middle District of Florida U.S. Supreme Court C COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 06-05 DATE:3 January 2007 LDC SECTION:1.08.02(Definitions), 2.04.00(Permissible,Conditional and Accessory Uses in Zoning Districts),5.02.00(Home Occupations) SUBJECT:High-capacity Fuel Tanks in Residential,Single-family and Estates Zoning Districts INITIATED BY:Staff,based on request for clarification by Code Enforcement Investigator BACKGROUND/CONSIDERATIONS:Code Enforcement has reported a number of complaints regarding high-capacity(500-plus gallon)gasoline and diesel fuel tanks being used in Estates zoning to support certain commercial businesses,such as hauling,lawn maintenance,excavation, and Iandscaping,being operated legally or illegally on the property. While home occupations are permitted by Section 5.02.00,this section also says that the home occupation shall be clearly incidental to the use of the home for dwelling purposes and shall not change the character of the dwelling. Additionally,Subsection H states that"no on-premise use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation." This section would apply to towed fuel tanks or fuel tank trucks having a fuel capacity of greater than 250 gallons. Such commercial vehicles would be prohibited regardless of whether the owner possessed a valid home occupational license since the use would not be typically associated with a single-family home. Section 1.08.02 defines an accessory use or structure as a use or structure located on the same lot or parcel and incidental or.subordinate to the principal use or structure. In discussing the situation with the Building Director,the Engineering Review Manager,and representatives of the Fire Department,Environmental Services Department and Pollution Control Department,it is the consensus that high-capacity fuel tanks,both above and below ground, constitute an unacceptable and unnecessary hazard within Single-family and Estates zoning districts,in particular in Golden Gate Estates,where storage of large amounts of combustible liquid could pose a additional threat to an area already highly vulnerable to brush fires. High-capacity fuel tanks must be emptied regularly to avoid contamination by rust particles,dirt,and water and can become varnished or gummy,clogging fuel lines and pumps, and there is no need for regular consumption of a high volume of fuel in connection with day-to- day�.- - activity associated with a single-family home.. 1 For the purposes of this Staff Clarification,"high-capacity tank"is defined as any tank or container holding in excess of 250 gallons of fuel. This amount should be sufficient to power lawn tractors,lawn mowers,chainsaws,or other small motors typically used in a single-family homj Fuel tanks providing heating oil to homes,gasoline or diesel fuel to emergency generators,and propane tanks are exempt from the provisions of this Staff Clarification;although all state and local permitting requirements will apply. 1 DETERMINATION(CLARIFICATION):It is the Zoning Director's determination that a high- capacity above ground or below-ground fuel tank is not a typical acces y use or structure incidental or subordinate to the principal use of a single-family ho e urthermore,the fact that the Code allows home occupations employing heavy vehicles and equipment powered by gasoline and diesel fuel does not justify the storage of large amounts of fuel in support of the home occupation. Such stockpiling would not be incidental to the use of the home and would be in violation of Subsection H,which addresses the storage of hazardous materials, AUTHOR:Ross Gochenaur(for Susan M.Istenes,AICP,Director,Department of Zoning&Land Development Review) cc:Bill Hammond,Building Director Bill Lorenz,Environmental Services Director Ray Smith,Pollution Control Director Michelle Arnold,Code Enforcement Director Stan Chrznowski,Engineering Review Manager Ed Riley,Fire Code Official Susan O'Farrell,Environmental Investigator Zoning Department staff Building and Permitting Department Staff 2 • 7910 Summerlin Lakes Dr. • Greg Stuart Fort Myers, FL 33907 2737 78th Ave. SE Suite100 LAND PLANNER/URBAN DESIGN PRINCIPAL Mercer Island, WA 98040 Professional Expertise in Comprehensive Land Use Planning, Urban Design, Land Development Entitlements, Project Management, Expert Planning C 239-677-6126 Testimony and Real Estate Investment and Development Greg@Stuarturbandesign.com www.Stuarturbandesign.com PROFILE Mr. Stuart is a highly experienced professional planning executive with over three +decades of extensive experience and exceptional success QUALIFICATIONS AND in land use planning, land development, permitting, regulatory EXPERTISE development,governmental relations and public communications. Comprehensive Land Use Planning EXPERIENCE VP, Stuart and Marquez, Gainesville/Jacksonville, FL 1984—1990 Growth Management Regulatory Director of Planning, Hole Montes&Ass, Fort Myers, FL 1990- 1992 Development President, Stuart and Associates, Fort Myers, FL 1993-current Senior Principal, Eagle Real Estate, Cape Coral, FL 1998-2008 Land Use Analysis Senior Principal, Southland Group, Bonita Springs, FL 2009—2011 Senior Associates, RW Thorpe&Associates, Mercer Island,WA 2016 Site Planning, Urban Design and Environmental Design Comprehensive Land Use Planning,Zoning &Sector Planning Broad experience in growth management, governmental relations, land Local, State and Federal Permitting use analysis, long range planning and regulatory implementation. Notable accomplishments include the Bonita Springs 5200 ac. Sector Plan,the 6400-acre Pine Creek Ranch/Florida Gulf Coast University Land Development Analysis and Charlotte Satellite Campus regional plan, 15 Text Amendments and Project Management Compliance Agreements, and Lee Co. Comprehensive Plan oversight via 10-year Local Planning Agency experience(5 yr. Chairman). Real Estate Contracts, Finance and Underwriting Administration and Business Management Noted for team-oriented business management methods; expertise in Governmental Relations budgets,finance, strategic planning,governmental relations, public communications,contracts and negotiations. Business background Expert Testimony gained from owning and/or being a senior partner for 4 businesses; demonstrated gross revenue growth from 5-digits to 7-digit income. Public Communications and Content Development Urban Design, Entitlements and Public Communications Highly recognized for consensus oriented public and agency permitting Business Administration and implementation (80+cases), urban design sustainable land use Management planning, and code development and interpretation. Notable examples include the Matlacha Overlay and Judd Creek Preserve PD. Business Development and Client Relations Land Development Analysis and Project Management Outstanding track record in private sector permitting and land Graphic and Multimedia Design development project management; notable 20-month concurrent design, permitting and construction for a$236MM 3-marina Florida project. Professional Planning Expert Testimony Mr.Stuart is an acknowledged leading expert in Land Use Planning, Condemnation and Inverse Condemnation,with over 114 Judicial& Quasi-judicial cases;successfully defended Lee County in a$74MM inverse condemnation mine case. ACADEMIC BACKGROUND AND CREDENTIALS Danish Academy of Fine Arts, College of Architecture&Urban Design; Post-graduate Fellow University of Florida, Masters of Arts in Urban&Regional Planning,full HUD Scholarship University of Florida, Bachelor of Arts in Urban Studies,Magna Cum Laude • Awarded HUD Planning Fellowship for Full Graduate Studies, University of Florida • Awarded Denmark International Studies Fellowship, University of Copenhagen • Awarded Graduate Design Fellowship, Danish Academy of Arts PROFESSIONAL AFFILIATIONS Fort Myers Board of Realtors,Associate Urban Land Institute,Associate American Planning Association,Associate • Greg Stuart SUMMARY Mr. Stuart is a highly experienced urban planner and designer,founding two professional consulting practices and being a senior Principal in 2 real estate investment and brokerage firms. With extensive expertise in land development, business management and administration and public communications, his expertise includes urban design, land use planning, land development permitting, project management and expert testimony. Receiving a B.A(High Honors)and M.A. from the Un. Of Florida,and was a Fellow at the Danish Royal Academy, Mr. Stuart has lived and traveled extensively throughout Europe, North America, Central and South America. Greg Stuart is a practicing artist,whose Paintings are represented in various Florida galleries. QUALIFICATIONS AND EXPERIENCE Mr. Stuart's professional experience spans thirty plus years of local, regional and international professional business and consulting. Mr. REPRESENTATIVE Stuart has directed land use planning,design, permitting and project management tasks for public and private sector interests, has been the CLIENT LIST Principal Planner/Project Manager for more than 60 major development projects throughout Florida, Georgia and Europe and has provided Lee County, FL expert testimony for over 114 quasi-judicial and judicial cases. Collier Co., FL Comprehensive Land Use and Sector Planning Mr. Stuart has designed and directed scores of land use planning City of Cape Coral projects, such as the mixed-use 196-ac.Judd Creek Preserve City of Bonita Springs residential projects(Cape Coral FL 2003-2006), recreational vehicle resorts(Director of Development,the Suwannee Trails Camp Resort(a Pulte Homes 2800-acre 6-mile riverfront DRI, 1985-88),and institutional mixed use projects(Project Manager/Principal Planner for the 6,400-ac. Pine Lennar US Homes Creek Ranch and FGCU Charlotte County Campus 2004-08). Public Stephans&Klinge, LLP sector comprehensive planning includes directing/designing the Bonita Springs 5000 ac. NE Quadrant Sector Plan, Lee Co. DR/GR Home Depot Corp. Compliance Agreement#92-51,#94-29 FGCU Comprehensive Plan Amendment.,#98-09 EAR&DR/GR Amendment,2001 Cycle and Ronto Development Corp. DR/GR Text Amendments, and various 2005 EAR/Smart Growth Stock Development Corp. amendments. As a Lee County Planning Commissioner(1992-02; 5 yr. Chairman)under his leadership,the County adopted new rules for Land Solutions, Inc. commercial architectural design, upgraded the landscaping code, implemented electronic signs regulatory reform, executed concurrency Realmark Properties, Inc. management ordinance reform and strengthened disclosure practices. Eagle Realty of SW Florida, Inc. Other notable achievements include community sector planning review and standards,co-directing the County/FGCU 50-meter Pool Inter- Yacht Clubs of the Americas, LLC local Agreement with$4.7MM matching funding, University of Florida Foundation Real Estate Underwriting and Business Management The Fitzgerald Group Mr. Stuart co-founded and directed Stuart and Marquez, Inc., a civil engineering and land use planning firm in Gainesville and Jacksonville, Banks Engineering Florida;directed business management, development and planning North Fort Myers Utilities operations. Under his leadership,the firm witnessed increased annual revenues for 6 consecutive years while overseeing staff and multiple Knott Consoer PA project teams leading to successful projects including North Florida Regional Medical Center Woman's Center DR, Tides Edge S.D. and Select Real Estate of SW FL the Orange Blossom Gardens AMDA/DRI. Founder of Stuart and Jack Parker Corp. Associates; administered business interests and increased gross revenues from 5-digits to 7-digit income. His project team direction has Robert S Barber Real Estate, Inc. lead to over 65 major Florida rezoning, comprehensive plan amendments and DRI projects. Expanding into development and Roetzel and Andress, PA finance, as a partner he has established a successful tract record for 15 projects valued at over$365MM, including marinas and mixed-use developments. Mr. Stuart's land development administrative expertise PROFESSIONAL APPOINTMENTS AND COMMUNITY AFFAIRS • Appointed Chairman, Lee County Local Planning Agency(1992--2002) • Appointed as a Director, the Real Estate Investment Society(1994—1997) • Appointed as a Director,the Economic Development Coalition(1996- 1997) • Appointed to the Lee County Land Development Code Advisory Committee(1996) • Appointed to the Lee County School Boards Construction Advisory Committee(1991) • Appointed to Lee County's Affordable Housing Committee(1992) Greg Stuart QUALIFICATIONS AND EXPERIENCE(cont.) NOTABLE QUALIFICATIONS AND EXPERIENCES in budgets,finance,strategic planning,governmental relations, public communications and marketing, contracts and negotiations is demonstrated • Successfully directed and/or was by the$236MM YCOA marina development project. He co-directed the YCO the senior planning principal for business plan, debt and equity raise, project design, construction and over 115+quasi-judicial and operations and successfully met the challenge of simultaneous permitting and judicial planning and land use construction for 3 marina resorts(Tampa, Naples and Key West)in 20 months. cases throughout SW FL&Seattle. • Un.of Washington College of Planning,Zoning and Urban Design Business featured speaker on Mr. Stuart designed, planned, permitted and directed Treehouse Village, a development&finance(2017). multifamily residential development;awarded the City of Gainesville's • Successfully defended Lee Co.in a Outstanding Residential Development Award. Principal Planner and/or $74MM inverse land use Project Manager responsible for planning, design and permitting for the condemnation case(RCH v.Lee, Hancock Creek Estates and Tuscan Pointe waterfront residential 2011). subdivisions(North Fort Myers), Stuart Harbor Yacht Club(Stuart, FL), and • Co-authored the GPI Community Realmark Development's Estates at Entrada,the Tucker Grade mixed use Plan and awarded the 2016 FPZA projects. He was responsible for the planning and permitting of five interstate Award for Outstanding highway commerce centers, including the Bonita Grande CPD,the Estero Interstate Commerce Park at Corkscrew Rd.the Stock Development's Environmental Plan/Study Vintage Commerce Center and Alico Crossroads CPD in Lee County. • As the Senior Principal for Eagle Realty of SW FL,directed,planned Land Development, Entitlements& Project Management and entitled a$365MM real estate Notable permitted and directed residential projects include Lennar US Homes land portfolio(1999—2008). Heritage Lakes,a 1900 unit residential golf course planned development • Effectively co-directed a$226MM and the Pinnacle Oaks PUD Charlotte Harbor waterfront project. three marina resort redevelopment Commercial retail center entitlement and project management experience is project(YCOA Tampa, Naples and illustrated by the Bonita Springs Home Depot Center,a 240,000 SF retail Key West;2005-2008). center, Miromar Factory Shops, a 700,000 SF regional outlet mall,the • Responsible for the planning and Estero Greens/Sam Galloway Dealership, a 229,000 SF. commercial shopping center(1996), and Sierra Meadows,a 300 unit,260,000 design for over 500 site plans, commercial SF Naples mixed use activity center. He was responsible for urban designs and master redesigning and amending the Timberland and Tiburon DRI,the Parker development plans,including the Lakes DRI, and environmental permitting for the Tamalico Center,a award winning Treehouse Village 600,000 sq.ft. commercial-industrial DRI. He was responsible for numerous (1986). rezoning and comprehensive plan amendments, including the Summerlin • Successfully planned and Park CPD and the Casa Del Mar RPD(1992). He was responsible for designed,followed by directing City obtaining a precedent setting park impact fee reduction for the 235-acre annexation,land use map Parker Lakes, saving the client over$250,000 in development exactions. amendment and rezoning,for the Throughout these project's Mr. Stuart was responsible agent representation and public communications and negotiations with environmental Judd Creek Preserve project organizations and civic and neighborhood associations. (2006). • Planned,directed and entitled a Professional Planning Expert and Testimony 116-acre interstate interchange He is a recognized authority on growth management, land use planning and commercial center while avoiding a urban design; selected as the featured speaker(National Conference on burdensome DRI process(Vintage Growth Management, San Diego ASCE), extensively quoted press and Commerce Center CPD 2004-06). electronic media throughout Southwest Florida and a ten-year former County • Designed,planned,entitled and Planning Commissioner. From 2009—2012 he directed the planning, obtained the first and only design, and ordinance development of SW Florida's first of it's kind zoning Development of Regional Impact overlay to control"big-box"single family residential building (the Matlacha Residential Overlay). Mr. Stuart has been the lead expert planner witness approval along the Suwannee in over 80 judicial and quasi-judicial,with successful testimony in a variety of River(Suwannee Trails Camp cases such as and including RCH v. Lee Co.,a$74MM inverse Resort 1985—1887). condemnation litigation,the Suwannee River Camp Resort Chapter 120 • Profitably founded and developed 2 Administrative Appeal, Lee Co.v. Dahlke a Chapter 120 FLUM Amendment professional planning and design Appeal ,the Three Oaks Parkway v. Corlico ROW Condemnation, consulting practices(1984-90; Caribbean Beach Club v.Allstate Insurance coastal reconstruction build back 1993—current). settlement and Flanagan v. FL DEP coastal construction line variance administrative hearings. • STUART AND ASSOCIATES 7910 Summerlin Lakes Dr. Planning and Design Services Fort Myers, FL 33993 11111_ C 239-677-6126 Greg@Stuarturbandesign.com www.Stuarturbandesign.com Greg Stuart-- Expert Planning Judicial & Quasi-judicial Testimony Case List Gulf Star Marina Renovation; DCI2009-00061. 2017 Private Sector PD Zoning, Lee Co. Bonita Breeze CPD; PD16-31234-BOS, 2017 Private Sector Zoning, the City of Bonita Springs, 21421 Widgeon Terrace; VAR16-0012 2017 Private Sector Variance; Town of Fort Myers Beach Morris Irrevocable Family Trust vs. Pacific Coast Coal Co.. Inc.; 2016 Demand For Arbitration, Private Sector Litigation, King County,WA The City of Redmond vs. Union Shares. LLC; 2016#15-2-12698-9 SEA, Private Sector Con- demnation Defense and Counterclaim, Redmond,WA Mark Freeman. Richard Bennett Land Trust, Brinker Brown, & D&D Machine & Hydraulics. Inc. vs. Lee Co.; 2015 12-CA-2517 Inverse Condemnation & Bert Harris in defense of Lee Co., FL The Commons Club Administrative Appeal of Permit Denial; 2015, REZ COM 15-20639, Private Sector Plaintiff, Lee Co., FL Gasparilla Marine Sales CPD Rezoning; 2014, DCI 2015-00009, Private Sector Zoning, Lee Co., FL The Restaurant Depot Rezoning; 2015, REZ 2015-00002, Quasi-judicial Private Sector Zoning, Lee Co., FL Estero Group LTD v. Lee Co.; 2014 12-CA-1705 Inverse Condemnation& Bert Harris, Lee Co. Defense, Lee Co., FL Grandezza Home Owners Association v. Miromar Lakes, LLC 2013/14;DCI2013-00008 Private Sector Quasi-judicial Zoning Appeal for the POA, Lee Co., FL Carter-Pritchett v. Lee Co. 2014/15; 12-CA-002517 Floodway Inverse Condemnation& Bert Harris, Lee Co. Defense, Lee Co., FL Bermuda Lakes RVPD; 2014, DCI2014-00010, Quasi-judicial Private Sector Zoning, Lee Co., FL Westgate Center IPD; 2014, DCI2014-00001, Quasi-judicial Private Sector Zoning, Lehigh Acres, FL Huffmaster Easement Condemnation; 2014, Public Sector Pre-condemnation Analysis for Lee Co., FL, North Fort Myers, FL Miromar Lakes v. Grandezza; 2013, DRI2013-00021 & DCI2013-00008, Private Sector DRI & NOI, Estero, FL Lee Co. v. Weiman; 09CA-5705T 2013, Condemnation,Lee Co. Plaintiff,Lee Co.,FL McGuigun v. Lee Co.; 09-CA-005689 2013. Riparian Rights and Inverse Condemnation,Lee Co. Defense,San Carlos Island,FL Lee Co. v. McCoy: 2013, Condemnation,Lee Co. Plaintiff,Lee Co.,FL Orange Grove Center CPD; 2012, DCI 2012-00023,Private Sector CPD Amendment; Lee Co., FL RCH a Lee County; 10-CA-002364 Inverse Condemnation & Bert Harris; 2011 Lee Co. De- fense, Lee Co., FL C. Johnson SF Rezoning; 2012. REZ 2011-00007, Private Sector Zoning, Lee Co., FL Lee County Burnt Store Road; #06A-939,Parcel 123 ROW Condemnation; 2009/2011,Lee Co. Plaintiff,Lee Co.,FL Dahlke v. Lee County 2009,08-CA-419,Fort Myers Beach Inverse Condemnation,FL,Ch 120 Appeal,Lee Co.Defendant,Fort Myers Bch. FL Caribbean Beach Club; 2009,06-CA-004562 Development and Construction Private Party Liti- gation,Fort Myers Bch.,FL Three Oaks Parkway; 2008,06A-939; ROW Condemnation,Lee Co. Plaintiff,Lee Co.,FL Three Oaks Parkway Corlico; 2008,05CA-4770 2008,ROW Condemnation Lee Co. Plaintiff, Lee Co.,FL Collier County vs. Flick-County Barn Road Parcel 124; 2008,#60101,ROW Condemnation, Collier Co. Plaintiff, Collier Co.,FL Collier County vs. Graziani, et.al.Parcels 134, 135 and 136; 2008,#62081,ROW Condemna- tion,Collier Co. Plaintiff,Collier Co.,FL Alico Crossroads CPD Amendment; 2007,DCI 2008-0000,Private Sector CPD Zoning,Lee Co., FL Tuscan Pointe RPD; 2006,DCI2008-00088,Private Sector RPD Zoning,North Ft. Myers,FL Thompson Variance; 2004/05,VAR 2005-00018,Private Sector Variance and Appeal,Pine Is- land,FL Hendry Co.River Ranch; 2004/05,Private Sector Comprehensive Plan Amendment,Hendry Co., FL Hancock Creek Estates RPD; 2004,DCI2005-00063,Private Sector RPD Zoning,North Fort Myers,FL Vintage Commerce Center CPD Amendment; 2004,DCI2004-00065,Private Sector CPD Zon- ing, South Fort Myers,FL Pinnacle Oaks PUD; 2004,PA-04-05-16-LS,Private Sector FLUM Amendment and PUD Zon- ing; Charlotte Co.,FL Kelly Carlos; 2004/2005,Lee Co.,FL,Private Sector Contract Litigation Support, South Fort Myers,FL FDOT v. Fleck Alico LLC.; 2004,Fort Myers,FL,Private Sector Interchange ROW Condemna- tion,Lee Co.FL Collier Co. v.Ruth.; 2004,#41825480000,Collier Co.,FL,ROW Condemnation 2 Englewood SR 776 Right of Way; 2004,Private Sector ROW Condemnation,Charlotte Co.,FL, Estates At Entrada RPD; 2004,DCI2004-00080,Private Sector Zoning,North Fort Myers,FL, Tucker Grade;FLUM Amendment; 2004,PA-04-05-20-LS,Private Sector Residential and Commercial Map Amendment,Charlotte Co,FL Fitzgerald 108-Acre Land Use Amendment; 2004,CPA2004-04,Private Sector Land Use Map & Text Amendment,Lee Co.,FL, The Murdock Town Center Case; 2003, Parcels 1026, 931, 290, 167, 169, 206, 237, 308, 311, Private Sector Land Condemnation,Charlotte Co.,FL Marvel CG Zoning; 2003,REZ 2003-00017,Private Sector Zoning,Fort Myers,FL, Vanderbilt Condemnation; 2003,Collier Co.,FL,ROW Condemnation Support,Collier Co.,FL Flanagan v. FDEP; 2003 #07-CA-000474, Private Sector CCL Appeal, Captiva, FL Longwood Villas RPD; 2002/2003, DCI2002-00065, RPD Zoning and RPD Zoning Amendment, Lee Co., FL Judd Creek; 2003, #LU03-01000027, Private Sector Annexation and Large Scale Land Use Map Amendment, Cape Coral, FL IAD Capital Corp.; 2003, REZ2004-00011, Private Sector Light Industrial Zoning,North Fort Myers, FL Heritage Lakes Annexation and FLUM; 2003, 09-26-2003, Private Sector FLUM Large Scale Amendment and Annexation, Fort Myers, FL City Mattress CPD; 2002, DCI2003-00021, Private Sector CPD Zoning, Bonita Springs, FL River Ranch 508; 2002, CPA-04-06, Private Large Scale Map Amendment, Hendry Co., FL Storgard IPD; 1998/2002, Z-98-032, Private Sector IPD Zoning &Amendments, Lee Co., FL Longwood Villas RPD; 2002, DIC2002-00065, Private Sector RPD Zoning, Lee Co., FL Alico Crossroads CPD; 2002, DCI2002-00052, Private Sector CPD Zoning, Lee Co., FL Corkscrew Mine IPD Amendment; 2002, DCI2002-00066, Private Sector IPD Mine Amendment, Lee Co., FL Estero Pointe CPD; 2002, DCI2002-00039, Private Sector RPD Zoning, Estero, FL SR 776 47 Amendment;2002, #0070384-000000-9, Private Sector Large Scale FLUM Amend- ment and CG Zoning, Charlotte Co., FL Paradise Woods RS-1; 2002, REZ2002-00004, Private Sector Residential Zoning, Bonita Springs, FL, 3 • Geraci vs.Lee County Port Authority; 2001, Private Sector Land Condemnation, Lee Co., FL Hiding Park RPD; 2001, Z-96-073, Private Sector RPD Zoning and Amendments, Lee Co., FL Winkler Reserve RPD; 2001, DCI 2002-00012, Private Sector RPD Zoning, Lee Co., FL Renaissance Executive Center, 2001, #REZ2001-00015, SEZ2001-00017, Private Sector Zoning and Special Exception, Lee Co., FL Bonita Beach Village CPD; 2001/1999,ADD 2001-00073, PD-99-034, Private Sector CPD Zon- ing and Rezoning (Home Depot), Bonita Springs, FL T&T DRI/MPD Amendment; 2001, DCI2001-00062, Private Sector DRI Amendment and RPD Rezoning, Estero, FL Crystal Commerce Center IPD; 2001, DCI2001-00039, Private Sector IPD Zoning, Fort Myers, FL, Alico Commons CPD, 2001, DC12000-00090, Private Sector CPD Zoning, Lee Co., FL Parker Plaza Office Park CPD; 2001, #DCI2001-00048, Private Sector CPD Zoning, Fort My- ers, FL Harbor Ridge RPD; 2001, DCI2001-00026, Private Sector RPD Zoning, Lee Co., FL, Corkscrew Growers Sec. 3 RPD/CPD; 2000, DCI2000-00070, Private Sector RPD Zoning, Lee Co., FL Bonita Grande CPD; 2000/2008, ORD 08-09, Private Sector CPD Zoning and Appeal, Bonita Springs, FL, Edison Village PUD; 2000, PUD-2000-15, Private Sector Commercial PUD Zoning, Collier Co., FL, SR 776 58, 2000, PA-00-11-44LS, Private Sector Large Scale Commercial Map Amendment and CG Zoning, Charlotte Co., FL Riverplace of Estero MUPD; 2000, DCI2000-00064, Private Sector MUPD Zoning, Estero, FL Storgard IPD; 1999/1997/1995 # 95-07-258.03Z.02.01, Private Sector IPD Zoning and Amend- ment, Lee Co, FL Sierra Meadows PUD; 1997/1999, PUD-94-01, Private Sector Mixed Use PUD Zoning, Collier Co., FL Estero Interstate Commerce Park CPD; 1999, #99-08-241.03Z01.01, Private Sector CPD Zon- ing, Estero, Fl, GM Pine Island Small Scale Map Amendment;Appeal 1999, # 99-2047GM, Private Sector- FLUM Appeal & Ch. 120, Pine Island, FL Springs Plaza Mini-warehouse SE; 1995/99, 95-01-031.O1S 01.01, Private Sector Special Excep- tion, Bonita Springs, FL, AirportAutopark CPD; 1999, # 99-04-324.03Z 01.01, Private Sector CPD Zoning, Lee Co., FL 4 Massey Building CPD; 1999, Private Sector Minor CPD Zoning, Lee Co., FL The P R. C&MPUD; 1999, #99-07, Private Sector PUD Zoning, Collier Co., FL The Shores at Gulf Harbour DRI Amendment; 1999, Private Sector DRI#12-8182-21, Lee Co., FL Bonita Gateway CPD, 1998,#99-10-093.03Z 01.01, Private Sector CPD Zoning, Bonita Springs, FL Vintage Commerce Center CPD, 1998, # 99-06-355.03Z, Private Sector CPD Zoning, Lee Co., FL Vincentian PUD; 1998, R-97-8, Private Sector Mixed Use Zoning, Collier Co.,FL Kristen Woods RPD/CPD, 1998, #98-08-067.03Z 01.01, Private Sector RPD & CPD Zoning, Estero, FL Corkscrew Palms CPD; 1997, #97-08-132.03Z 01.01, Private Sector CPD Zoning, Estero, FL Flordeco IPD; 1997, #97-05-181.03Z 01.01, Private Sector IPD Zoning, North Fort Myers,FL Florida Rock IPD; 1996, Private Sector IPD Amendment, Lee Co., FL Keith Miller Old US 41 Condemnation; 1997, Private Sector ROW Condemnation, Lee Co., FL Eagle Stringfellow Amendment, 1998, PAM 98-01, Private Sector FLUM Amendment, Pine Is- land,FL Estero Greens CPD; 1997, 97-04-065-03Z, Private Sector CPD Zoning, Estero, FL The Plaza LLC vs. Lee County; 1996, Private Sector Colonial Prky. ROW Condemnation,Fort Myers, FL Carissa CPD; 1996, #96-12-014.03Z 01.01, Private Sector CPD Zoning, Lee Co., FL Heritage Cove RPD; 1996, #98-02-064.03Z, Private Sector RPD Zoning, Lee Co., FL Char-Lee Mine PD, 1995, Private Sector PUD Mine Zoning, Charlotte Co., FL, The Palmetto Point Property Owners Ass. Vs. Lee Co; 1995, Private Sector ROW Condemna- tion, Lee Co.,FL Lee Co. vs. The State Of Florida DCA; 1995, Public Sector FL Administrative Appeal, Lee Co., FL T&T DRI Amendment/Miromar Outlet Mall CPD; 1994/95, Private Sector DRI Amendment and CPD Zoning, Estero, FL, Casa Del Mar RPD; 1992, Private Sector RPD Zoning, Lee Co.,FL Florida Rock Sand Mine; 1991, Private Sector,Ag. SE Zoning, Glades Co. 0 5 Tamalico Center, 1991, Private Sector Commercial DRI Amendment, Lee Co.,FL Summerlin Park CPD; 1991, Private Sector CPD Zoning, Lee Co.,FL Timberland and Tiburon; 1991/1992, Private Sector Mixed Use DRI Amendment and RPD/CPD Zoning, Estero,FL The Old St.Augustine Road ROW Condemnation, 1989, Private Sector ROW Condemnation, Duval Co., FL North Florida Regional Medical Center; 1987/1989, DRI Amendment, CON&Zoning, Gaines- ville, FL Suwannee Trails Camp Resort LLC vs. DCA, 1988, Private Sector Ch. 120 Administrative Ap- peal, Hamilton Co., FL Suwannee Trails Camp Resort DRI, 1986/1987, Private Sector DRI &Zoning, Hamilton Co., FL Orange Blossom Gardens AMDA/DRI. 1987, Private Sector DRI &Chapter 120 Appeal, Lake Co., FL Treehouse Village PD, 1986, Private Sector MF Residential PUD, Gainesville, FL 6 STUART AND ASSOCIATES 11860 Island Ave. ;411N Planning and Design Services Matlacha, FL 33993 C 239-677-6126 Greg@Stuarturbandesign.com www.Stuarturbandesign.com Greg Stuart- Real Estate Analysis, Acquisition, Development and Dispensation Project List 2010—2012: Gulf Coast Health Park; $22MM Specialty Institutional Mixed Use Development Project, Lee Co, FL. Investment Plan Development,Analysis, Entitlements and Implementation. 2004—08: Bayshore Interstate 41; $10.4MM Interstate Commerce Development Project, Lee Co., FL. Acquisition, Debt and Equity Raise, Syndication, Underwriting, Project Management, Entitlements and Brokerage. 2005-08: YCOA; $236MM Three Marina Development Project; capitalization For 3 Tampa, Naples and Key West, FL. Marinas; Debt and Equity Raise, Project Management, Oversight and Direction For Principal Partner. 2003-2007: Burnt Store Lakes: $20.IMMAcreage Assembly Residential Development Project; Cape Coral, FL. Project Analysis, Underwriting, Syndication, Marketing &Brokerage. 2004-2007: Pinecreek Ranch; $94MM Land Investment Project, Charlotte Co., FL.Acquisition, Debt and Equity Raise, Syndication, Underwriting and Project Management. 2002-2005: Colonial Interstate 95; $23.7MM Land Investment Project, Lee Co., FL. Acquisi- tion, Debt and Equity Raise, Syndication, Underwriting, Project Management, Entitlements and Brokerage. 2001-2004: Judd Creek; $8.9MM Mixed Use Investment Project, North Fort Myers, FL. Un- derwriting and Feasibility,Acquisition, Equity Raise, Entitlement, Project Management and Bro- kerage. 2001-2006: Hendry Co. River Ranch; $17.8MMLand Investment and Development Project, Hendry Co., FL.Acquisition, Debt and Equity Raise, Syndication, Underwriting, Project Man- agement, Entitlements and Brokerage. 2002 -2004: Telegraph Creek Ranch; $10MM Investment Project, Hendry Co., FL. Underwrit- ing and Feasibility,Acquisition, Equity Raise, Entitlement, Project Management and Brokerage. 2000-2005: The Charlotte 58 Activity Center, Port Charlotte, FL. $13.2MMAcquisition, Debt and Equity Raise,Underwriting, Project Management, Entitlements and Brokerage. 2002-2006: Hancock Creek Commerce Park; $22MM Investment Project, Cape Coral, FL. Un- derwriting and Feasibility,Acquisition, Equity and Equity Raise, Entitlement,Project Manage- ment and Brokerage Dispensation. 1997-2008: Pinnacle Oaks; $12MM Residential Development Investment Project, Charlotte Co., FL. Entitlement and Project Management. 2000-2007: South Gulf Cove Residential; $30MM Waterfront Lots and Mixed Acreage Invest- ment Project, Charlotte Co., FL.Acquisition, Equity Raise, Entitlement, Project Management and Brokerage Dispensation. 2001-2007: South Gulf Cove Commercial ; $15MM 58 acre Commercial Acreage Investment Project, Charlotte Co., FL. Underwriting and Feasibility,Acquisition, Equity Raise, Entitlement, Entitlement/Project Management and Brokerage Dispensation. 1998-2003:Kelly Carlos; $17MM Land Investment Project, Lee Co., FL. Entitlement, Project Management and Brokerage Dispensation. 1997-2005: Bonita Grande; $12.5MM Land Investment Project, Bonita Springs, FL. Acquisi- tion, Equity Raise, Entitlement and Project Management. • C STUART AND ASSOCIATES 11860 Island Ave. Planning and Design Services Matlacha, FL 33993 C 239-677-6126 Greg@Stuarturbandesign.com www.Stuarturbandesign.com Greg Stuart- Representative Real Estate Analysis and Underwriting 2009 to 2017 2017: East Las Olas. $1.75MM Syndication 2011: Hospitality Fund; $75MM Specialized Opportunity Fund 2011: Challenger Driving Range.,Estero, FL; $300,000 Offering 2011: Mercy Hospital Lakes Campus, Des Moines, Iowa; financing 2011: Hospitality Specialists Bundled Portfolio.,Grand Rapids, MI; partnership buyout 2011: Port Labelle Sports Car Club.,Hendry Co., FL; real estate workout and development 2011: Willow Gate Trails Subdivision, South Bend, IN; real estate workout and development 2011: Brookside Waterfront Mixed Use.,Naples, FL; real estate workout planning 2011: Residence Inn Hotel, Moline, IL 2011: Wood River Landing Commercial Center, Wood River, IL 2011: Swaney Napes Hotels, Naples, FL 2011: Eastgate Commerce Park, Fort Myers, FL; $2.7MM refinancing 2011: Gulf Coast Health Center, Fort Myers, FL; $10MM workout and restructuring plan 2011: Creekside Mixed Use Development: Gahanna, OH 2010: Seven Bundled Residential Development Projects,Auburn Hills, MI and Canton, MI; 386 SF lots, $4.86MM Offering 2010: Southland Lakes Commerce Park, Fort Myers, FL 2010: Oak Station Retail Center, Marianna, FL; 175,000 SF $6.95MM Shopping Center Offering 2010: Gulf Coast Health Park, Fort Myers, FL 2010: Kings Highway Packing House,Arcadia, FL 2010: Windsor Way Apartments, Naples, FL 2010: West Cypress The Learning Center, Estero, FL 2010: Treeline Preserve Retail Center, Fort Myers, FL 2010: The Vines Highway Commercial Parcel, Fort Myers, FL 2010: Sunset Point Resort, Bocas Del Torro, Panama 2010: Sunbelt Warehouse, Fort Myers, FL 2010: Sikeston Outlet Mall, Sikeston, MO 2010: University Parkway Medical Tract, Sarasota, FL 2010: Grandezza Golf Course, Estero, FL 2010: Sanorini Mixed Use Development, Estero, FL 2010: Punta Loros Resort Tract, Costa Rica 2010: Oakwood Apartments, Jacksonville, FL 2010: Hilton Garden Inn, Plymouth, MI 2010: HFS Medical Office Fund, $20MM Specialized Fund 2010: Eastlinks Flex Space, Fort Myers, FL 2010: Dykes Everett Mine, Orange Co., FL 2009: Walker Club Apartments, Vero Beach, FL 2009: Tuscany Villas Apartments, Brandon, FL 2009: Village of Tequesta ACLF, Tequesta, FL 2009: Sugar Mills Apartments, Melbourne, FL 2009: Sterling Crest Apartments, Orlando, FL 2009: Sandpiper Cover Apartments, Boynton Beach, FL 2009: Lynn Mann 8.6 Commercial Tract, Fort Myers, FL 2009: Casey Key Marina, Sarasota, FL 2009: Brookside Marina,Naples, FL 2009: Bonita Exchange Interstate Commerce Park, Bonita Springs, FL 2009: Black Bear Residential, Naples,FL LDC 8.10.00- HEARING EXAMINER A. Establishment and Powers. The Board of County Commissioners established the office of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time to time, with the powers and duties set forth therein. B. Role on Planning Commission. The Hearing Examiner may sit as a member of the Collier County Planning Commission as long as the Planning Commission serves solely in an advisory body capacity to the Board of County Commissioners. While a Hearing Examiner is employed by the County, all powers and duties expressly granted to the Hearing Examiner, either through the Collier County Hearing Examiner Ordinance (No. 2013-25, as may be amended) or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. (Ord. No. 13-58, § 1.A) CODE OF LAWS Sec. 2-83. -Title and citation. This Ordinance shall be known and may be cited as the "Collier County Hearing Examiner Ordinance." (Ord. No. 2013-25, § 1) Sec. 2-84.- Establishment of Office of Hearing Examiner. The Office of Hearing Examiner is hereby established. (Ord. No. 2013-25, § 2) Sec. 2-85. - Method and conditions for selection, appointment and removal of the Hearing Examiner. (a) Recruitment for the position of Hearing Examiner shall be in such manner as may be determined by the Board of County Commissioners. (b) The Hearing Examiner shall be appointed by an affirmative vote of not less than three members of the Board of County Commissioners and serve at the will and pleasure of the Board of County Commissioners. The Board may appoint multiple Hearing Examiners. Appointment shall be made by written contract negotiated with the Board of County Commissioners, which contract shall set out the terms and conditions of employment, compensation and removal, and may specify any additional tte‘d b Ail-,-tori \\lal►l powers and duties delegated or assigned to the Hearing Examiner. Simultaneous service on the Collier County Planning Commission shall not preclude appropriate compensation. (c) The Hearing Examiner need not be a resident of the County at the time of appointment, but during the Hearing Examiner's tenure in office shall reside within the County. (d) The position of the Hearing Examiner shall be deemed vacant if the incumbent is removed, resigns, moves his residence from the County or is, by death, illness or other casualty, unable to continue in office. In the case of vacancy or disability, the matter shall be heard by the Collier County Planning Commission, the Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following the established procedures set forth in the Collier County Land Development Code (hereinafter referred to as the "LDC"), until a successor has been appointed by the Board of County Commissioners or the Hearing Examiner resumes the duties of the position. (Ord. No. 2013-25, § 3) Sec. 2-86.-Conduct of meetings, reports and records. (a) Rules of Procedure. The Board of County Commissioners shall adopt the Rules of Procedure for the conduct of all hearings before the Hearing Examiner. Such procedures shall be made part of the Collier County Administrative Code, with all amendments, additions, revisions, or modifications made by resolution of the Board of County Commissioners. Copies of the Rules of Procedures shall be maintained on file in the office of the Zoning Director, and published on-line for the benefit of the public. (b) Reports of Decisions. After a public hearing is held, the Hearing Examiner will make a written report of his decision in accordance with the Rules of Procedure, and provide a copy of the report of decision to all parties of record, County staff, and the Board of County Commissioners. (c) Records. The Hearing Examiner will be provided with a court reporter for all hearings in the same manner as provided for the Collier County Planning Commission. To assist the Hearing Examiner in the conduct of all hearings, the County Manager shall assign a staff person as Secretary to the Hearing Examiner. The Secretary shall keep indexed records of all meetings, agendas, findings, determinations and reports of decision. Such records shall be public records. (d) Attendance at Hearings. The Hearing Examiner may request staff members with personal knowledge of relevant facts to attend hearings and produce relevant documents. (Ord. No. 2013-25, § 4) Sec. 2-87. - Powers and duties of the Hearing Examiner. The Hearing Examiner shall have the following powers and duties: 1. Appeals of Administrative Decision or Interpretation. All type III appeals of administrative decisions or interpretations, as set forth in LDC Section 10.04.04, shall be heard by the Hearing Examiner. All appeals and staff response to such appeals must substantially conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must consider: a. The criteria for the type of application being requested; b. Testimony from the applicant; and c. Testimony from any members of the public. 2. Variances. The Hearing Examiner will hear and decide all requests for variances from the terms of the regulations or restrictions of the zoning code and such other codes or ordinances as may be assigned to him by the Board of County Commissioners. In reaching his decision, the Hearing Examiner must consider: a. The criteria for the type of variance being requested, in particular those set forth in LDC Section 9.04.03; b. Staff recommendations; c. Testimony from the applicant; and d. Testimony from the public. Before granting any variance, the Hearing Examiner must make a finding with respect to each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals to grant, deny, or modify any request for a variance from the regulations or restrictions of this Code, or to attach conditions and requirements necessary for the protection of the health, safety, comfort, convenience and welfare of the general public. The conditions or requirements must be reasonably related to the variance requested and conform to the requirements of the LDC. 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor conditional uses. For purposes of this section, a minor conditional use is one which does not require Environmental Advisory Council review and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner. However, the Commissioner of the District in which the proposed minor conditional use is located may direct that the minor conditional use be heard by the Planning Commission in an advisory capacity and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing Examiner must consider: a. The factors and criteria set forth in LDC Subsection 10.08.00.D; b. The relevant matters set forth in an applicant's written petition; c. The testimony of any applicant or agent; d. The recommendation of staff; and e. The testimony of the public. As part of his decision, the Hearing Examiner must make the findings required by LDC Subsection 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC Subsection 10.08.00.E. 4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections 5.03.06.G and H. 5. Additional Duties. To the extent his schedule permits, the Hearing Examiner will make his special knowledge and expertise available upon reasonable request of the Board of County Commissioners, any individual Commissioner, the County Manager or the County Attorney, provided that such requests do not in any way involve any matter that is pending, or is likely to come before, the Hearing Examiner. 6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest, or that the case is one of great public interest or concern. When the Hearing Examiner disqualifies himself, the matter shall be heard by the Collier County Planning Commission, the Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following the established procedures set forth in the Collier County Land Development Code as if there were no Hearing Examiner. 7. To the extent authorized by law, by Resolution of the Board of County Commissioners, the Hearing Examiner may be assigned any and all other powers and duties that have previously been granted to the Collier County Planning Commission or the Board of Zoning Appeals, expressly excepting those powers reserved to the Collier County Planning Commission as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner, either by this ordinance or through future resolutions, preempt the Collier County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect to the established procedures set forth in the Collier County Land Development Code. (Ord. No. 2013-25, § 5; Ord. No. 2013-59, § 1) Sec. 2-88. - Decisions and appeals from decisions of the Hearing Examiner. All decisions of the Hearing Examiner arising from Section 2-87 will be delivered or mailed by the Hearing Examiner to all parties of record, the County Attorney, and the County Manager. Any party, including the County, may appeal the decision to the Board of Zoning Appeals or the Board of County Commissioners, as the case may be, within the time frame and in the manner provided by the Rules of Procedure. Failing a timely appeal, the decision of the Hearing Examiner will be considered final in all respects. Appeals shall be heard de novo by the reviewing Board in the manner proscribed in the LDC. In reaching its decision, the reviewing Board may adopt or deny, in whole or in part, the decision of the Hearing Examiner. (Ord. No. 2013-25, § 6) Sec. 2-89. - Funding for the Office of the Hearing Examiner. The Board of County Commissioners shall appropriate funds as necessary from the general fund or other legally available funds of the County to employ the Hearing Examiner and provide necessary and reasonable expenses for the operation, management, space, facilities, and expenses associated with the Office of Hearing Examiner. Such appropriations shall be subject to periodic review and adjustment in accordance with the budgetary process of the County. (Ord. No. 2013-25, § 7) Sec. 2-90. -Staff. The Community Development Services Division shall be the professional staff of the Hearing Examiner. (Ord. No. 2013-25, § 8) Sec. 2-91. - Reserved. Carillon Cmtv. Residential v. Seminole County Court of Appeal of Florida, Fifth District July 2, 2010, Opinion Filed CASE NO. 5D09-3789 Reporter 45 So. 3d 7*; 2010 Fla. App. LEXIS 9757**;35 Fla. L. Weekly D 1467 CARILLON COMMUNITY RESIDENTIAL, ETC., ET asserted by the association as broadly affording the AL., Petitioners, v. SEMINOLE COUNTY, FLORIDA, right of cross-examination in quasi-judicial proceedings AHG GROUP, LLC., ET AL., Respondents. involved parties, not participants. Thus, any effort to extend application of such due process protections to Subsequent History: Released for Publication October participants was beyond the scope of the facts of such 25, 2010. cases. The court found that the circuit court applied the correct law by thoughtfully considering and applying the Rehearing denied by Carillon Cmty. Residential v. factors required by Mathews v. Elderidge, 424 U.S. 319 Seminole County, 2010 Fla. App. LEXIS 17134 (Fla. (1976). The court concluded that the circuit court Dist. Ct. App. 5th Dist., Oct. 6, 2010) afforded the parties procedural due process and applied the correct law. Review denied by Carillon Cmty. Residential Assn v. Seminole County, 2011 Fla. LEXIS 828 (Fla., Apr. 5. Outcome 2011) The court denied the petition. Prior History: [**1] Petition for Certiorari Review of LexisNexis® Headnotes Decision from the Circuit Court for Seminole County. Acting in its Appellate Capacity. Case Summary Constitutional Law > ... > Fundamental Procedural Posture Rights > Procedural Due Process > Scope of Petitioners, a residential association and its president Protection (Association), sought second-tier certiorari review of an order from the Circuit Court for Seminole County 1-IN1[t] Procedural Due Process, Scope of (Florida), which upheld the approval by respondent Protection county board of commissioners (Board) of an amendment to the area's planned unit development. The core of due process is the right to notice and an opportunity to be heard. When assessing whether or not Overview a violation of due process has occurred the court must first decide whether the complaining party has been The amendment allowed a mixed-use development, deprived of a constitutionally protected liberty or including a four-story, 600 bed university student property interest. Absent such a deprivation there can housing complex, to be built on two parcels of land be no denial of due process. Due process is a flexible adjacent to the association's subdivision. On appeal, the concept and requires only that the proceeding be court held that the circuit court afforded the association essentially fair. The extent of procedural due process procedural due process and did not depart from the protection varies with the character of the interest and essential requirements of law. The association nature of the proceeding involved. There is, therefore, incorrectly asserted that Florida law required that all no single unchanging test which may be applied to participants in quasi-judicial proceedings be allowed to determine whether the requirements of procedural due cross-examine witnesses. Further, many of the cases process have been met. Courts instead consider the Page 2 of 5 45 So. 3d 7, *7; 2010 Fla. App. LEXIS 9757, *'1 facts of the particular case to determine whether the clearly entitled to some measure of due process. The parties have been accorded that which the state and issue of what process is due depends on the function of federal constitutions demand. the proceeding as well as the nature of the interests affected. Constitutional Law> ... > Fundamental Rights > Procedural Due Process >Scope of Business & Corporate Compliance > ... > Real Protection Property Law> Zoning >Administrative Procedure HN2[A] Procedural Due Process, Scope of Constitutional Law> ... > Fundamental Protection Rights > Procedural Due Process > Scope of Protection There are three distinct factors to consider in the analysis of whether the due process accorded in any HN4[ ] Zoning, Administrative Procedure proceeding was constitutionally sufficient: 1) the private interest that will be affected by the official action; 2) the The quality of due process required in the quasi-judicial risk of an erroneous deprivation of such interest through zoning proceeding is not the same as that to which a the procedures used; and 3) the probable value, if any, party to a full judicial hearing is entitled. A quasi-judicial of additional or substitute procedural safeguards. The hearing generally meets basic due process government's interest, including the function involved requirements if the parties have provided notice of the and the fiscal and administrative burdens that the hearing and an opportunity to be heard. In quasi-judicial additional or substitute procedural requirements would zoning proceedings, the parties must be able to present entail should also be considered. When applying these evidence, cross-examine witnesses, and be informed of general due process principles to the specific context of all the facts upon which the government agency acts. quasi-judicial administrative hearings, it is important to distinguish between parties and participants. The extent Counsel: David A. Theriaque, S. Brent Spain, and of procedural due process afforded to a party in a quasi- Leslie E. Bryson, of Theriaque & Spain, Tallahassee, for judicial hearing is not as great as that afforded to a party Petitioners. in a full judicial hearing. Consequently, such hearings Robert A. McMillan, County Attorney, and Kathleen are not controlled by strict rules of evidence and Furey-Tran, Assistant County Attorney, Sanford, for procedure. Respondent Seminole County. Michael V. Elsberry and Janet M. Courtney, of Lowndes, Drosdick, Doster, Kantor& Reed, P.A., Orlando, for Business & Corporate Compliance > ... > Real Respondents AHG Group LLC and University of Central Property Law> Zoning >Administrative Procedure Florida Foundations, Inc. Constitutional Law> ... > Fundamental Judges: MONACO, C.J., PALMER and LAWSON, JJ., Rights > Procedural Due Process >Scope of concur. Protection HN3[i] Zoning, Administrative Procedure Opinion A party to a quasi-judicial hearing, by virtue of its direct interest that will be affected by official action, must be [*9] PER CURIAM. able to present evidence, cross-examine witnesses, and be informed of all the facts upon which the commission Petitioners, Carillon Community Residential Association, acts. Oftentimes, however, such quasi-judicial hearings Inc., and Ken Hofer, its President, seek second-tier are attended by more than just the parties. They are certiorari review of a circuit court order upholding the open to the public. In the case of rezoning hearings, approval by the Seminole County Board of County neighboring landowners may attend and want to be Commissioners ("BCC") of an amendment to the heard on a proposed zoning change to a nearby Carillon Planned Unit Development ("Carillon PUD"). property. A participant in a quasi-judicial proceeding is The amendment allows a mixed-use development, Page 3 of 5 45 So. 3d 7, *9; 2010 Fla. App. LEXIS 9757, **1 including a four-story, 600 bed University of Central The United States Supreme Court has held that HN2[T] Florida student housing complex, to be built on two there are three distinct factors to consider in the parcels of land adjacent to Petitioners' subdivision. analysis of whether the due process accorded in any Based upon our limited scope of review, we conclude proceeding was constitutionally sufficient: 1) the private that the circuit court afforded [**2] Petitioners interest that will [**4] be affected by the official action; procedural due process and did not depart from the 2) the risk of an erroneous deprivation of such interest essential requirements of law. State Farm Fla. Ins. Co. through the procedures used; and 3) the probable value, v. Lorenzo, 969 So. 2d 393 (Fla. 5th DCA 2007). if any, of additional or substitute procedural safeguards. Accordingly, we deny their petition. Mathews v. Eldridge, 424 U.S. 319, 334-35, 96 S. Ct. 893, 47 L. Ed. 2d 18 (1976). The government's interest, We write further to address one issue which merits including the function involved and the fiscal and discussion, which is whether Petitioners were denied administrative burdens that the additional or substitute due process when the BCC denied their request to procedural requirements would entail should also be cross-examine witnesses at the quasi-judicial hearing in considered. Id. which the amendment was approved. HN1[#] The "core" of due process is the right to notice and an When applying these general due process principles to opportunity to be heard. LaChance v. Erickson, 522 the specific context of [*10] quasi-judicial U.S. 262, 118 S. Ct. 753, 139 L. Ed. 2d 695 (1998); see administrative hearings, it is important to distinguish also Mathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893, between parties and participants. The extent of 47 L. Ed. 2d 18 (1976). When assessing whether or not procedural due process afforded to a party in a quasi- a violation of due process has occurred "the court must judicial hearing is not as great as that afforded to a party first decide whether the complaining party has been in a full judicial hearing. Seminole Entertainment, Inc. v. deprived of a constitutionally protected liberty or City of Casselberry, 811 So. 2d 693, 696 (Fla. 5th DCA property interest. Absent such a deprivation there can 2001) ("Seminole I"); see also Hadley v. Department of be no denial of due process." Economic Dev. Corp. of Administration., 411 So. 2d 184, 187 (Fla. 1982). Dade County, Inc. v. Stierheim, 782 F. 2d 952, 953-54 Consequently, such hearings are not controlled by strict (11th Cir. 1986). rules of evidence and procedure. Seminole I at 696. Due process is a flexible concept and requires only that Nevertheless, HN3[T] a party to a quasi-judicial the proceeding be "essentially fair." See Gilbert v. hearing, by virtue of its direct interest that will be Homar, 520 U.S. 924, 117 S. Ct. 1807, 138 L. Ed. 2d affected [**5] by official action, "must be able to present 120 (1997) (recognizing that "it is now well-established evidence, cross-examine witnesses, and be informed of that 'due process unlike some [**3] legal rules is not a all the facts upon which the commission acts." Kupke v. technical conception with a fixed content unrelated to Orange County, 838 So. 2d 598, 599 (Fla. 5th DCA time, place and circumstances"') (quoting Cafeteria and 2003 (citing Lee County v. Sunbelt Equities, II, Ltd. Restaurant Workers Union, Local 473, AFL-CIO v. Partnership, 619 So. 2d 996 (Fla. 2d DCA 1993). For McElroy, 367 U.S. 886, 81 S. Ct. 1743, 6 L. Ed. 2d 1230 example, in Kupke, this court held that a farmer who 11961)). The extent of procedural due process had been cited for operating an unauthorized junkyard protection varies with the character of the interest and and was facing daily fines, was entitled to present nature of the proceeding involved. There is, therefore, witnesses in his defense as part of his basic right to be no single unchanging test which may be applied to heard before a property right was taken from him. See determine whether the requirements of procedural due also Seminole I (holding that party facing business process have been met. Courts instead consider the license revocation was denied right to cross-examine facts of the particular case to determine whether the witnesses against it). parties have been accorded that which the state and federal constitutions demand. Hadley, 411 So. 2d at Oftentimes, however, such quasi-judicial hearings are 187; see also, Cleveland Bd. of Educ. v. Loudermill, 470 attended by more than just the parties. They are open to U.S. 532, 105 S. Ct. 1487, 84 L. Ed. 2d 494 (1985) the public. In the case of rezoning hearings, neighboring (citing Boddie v. Connecticut, 401 U.S. 371, 91 S. Ct. landowners may attend and want to be heard on a 780, 28 L. Ed. 2d 113 (1971) ("[t]he formality and proposed zoning change to a nearby property. Our court procedural requisites for the hearing can vary, has previously stated that "[a] participant in a quasi- depending upon the importance of the interests involved judicial proceeding is clearly entitled to some measure and the nature of the subsequent proceedings.")). of due process. . . The issue of what process is due Page 4 of 5 45 So. 3d 7, *10; 2010 Fla. App. LEXIS 9757, **5 depends on the function of the proceeding as well as case no. 92-12637-AP, Eighteenth Judicial Circuit the [**6] nature of the interests affected." Water Servs. Court, Brevard County, correctly distinguished Jennings Corp. v. Robinson, 856 So. 2d 1035, 1039 (Fla. 5th in addressing the same argument raised in this case. He DCA 2003). stated: Petitioners incorrectly assert that Florida law requires [P]etitioners contend the city council wrongfully that all participants in quasi-judicial proceedings be refused to allow them the opportunity to "cross- allowed to cross-examine witnesses. Florida law has no examine" a particular Daily Bread representative such requirement. In support of their assertion, [**8] at the July 14th public hearing. Such Petitioners cite several cases appearing to require argument apparently arises from an overbroad and cross-examination in quasi-judicial proceedings. erroneous interpretation of Jennings v. Dade However, a close reading of these cases reveals that County, 589 So. 2d 1337 (Fla. 3d DCA 1991). In they cannot support such a broad proposition. Jennings, the court noted that HN4[t] the quality of due process required in the quasi-judicial zoning First, many cases asserted by Petitioners as broadly proceeding is not the same as that to which a party affording the right of cross-examination in quasi-judicial to a full judicial hearing is entitled. The court stated proceedings involved parties, not participants. Thus, any "a quasi-judicial hearing generally meets basic due effort to extend application of such due process process requirements if the parties have provided protections to participants is beyond the scope of the notice of the hearing and an opportunity to be facts in those cases. See, e.g., Kupke (farmer facing heard. In quasi-judicial zoning proceedings, the fines for unauthorized use of property); Seminole / parties must be able to present evidence, cross- (business licensee facing license revocation); Sunbelt examine witnesses, and be informed of all the facts Equities (property owner applying for rezoning); Bd. of upon which the (government agency) acts". County Comm'rs of Hillsborough County v. Casa The "parties" referenced in such opinion are the Development, Ltd., 332 So. 2d 651 (Fla. 2d DCA 1976) applicant and the government agency. The (developer applying for water and sewer service); Harris Jennings decision does not, in any way, recognize v. Goff, 151 So. 2d 642 (F/a. 1st DCA 1963) a right on behalf of all neighboring property owners [**7] (landowners directly subject to zoning change). to cross-examine any and all individuals who may speak for or against the zoning application. To Petitioners cite three cases which involve adjoining recognize such a right on behalf of all "interested landowners and state that basic notions of due process persons" would create a cumbersome, unwieldy in a quasi-judicial hearing include the right to cross procedural nightmare for local government bodies. examine witnesses. Jennings v. Dade County, 589 So. 2d 1337(Fla. 3d DCA 1991); Hirt v. Polk County Bd. of Petitioners cite one circuit court decision, Sorrento County Comm'rs, 578 So. 2d 415 (Fla. 2d DCA 1991); Ranches Homeowners Association, Inc. v. City of Coral Reef Nurseries, Inc. v. Babcock Co., 410 So. 2d Venice, 15 Fla. L. Weekly Supp 877 (Fla. 12th Cir. Ct. 648 (Fla. 3d DCA 1982). However, none of these cases 2008) as holding that "neighboring landowners" were hold that an adjoining landowner has a due process denied their due process right to cross-examine right to cross-examine witnesses in a quasi-judicial witnesses in a quasi-judicial zoning proceeding. This rezoning hearing. To the contrary, Jennings states, in decision was not binding on the circuit court in this case. dictum, the [*11] general proposition that parties to In addition, it does not stand for the proposition asserted quasi-judicial hearings "must be able to present by Petitioners, as nowhere does it describe the evidence, cross-examine witnesses, and be informed of petitioners in that case as "neighboring landowners." It all the facts upon which the commission acts." 1 Then only describes them as residents of Sorrento Ranches, circuit judge Evander, in Schopke v. City of Melbourne, but it is not clear whether Sorrento Ranches was part of the "46-acre tract of land" subject to the proposed zoning change. Without knowing the petitioners' status 1 In both Hirt and Coral Reef, the determinative [**9] issues in relation to the rezoning application, the decision offers before the courts were whether the underlying administrative no assistance. proceedings were legislative or quasi-judicial in nature. In making those determinations, the courts in both cases noted The commission's [**10] attorney denied the petitioners that local ordinances expressly afforded "interested parties" in that case an opportunity to cross-examine witnesses the right to cross-examine witnesses in a quasi-judicial because they were not parties. If we were to infer from hearing. No such ordinance exists in this case. Page 5 of 5 45 So. 3d 7, *11; 2010 Fla. App. LEXIS 9757, **10 that statement, that the petitioners were in fact neighboring landowners, as Petitioners in this case assert, we would conclude that the issue was wrongly decided. Because the decision fails to apply the Mathews factors, we do not know what private interest the residents of Sorrento Ranches had that would have entitled them the level of due process afforded by the court. In this case, the circuit court applied the correct law by thoughtfully considering and applying the Mathews factors. It stated: [w]hile arguably the Petitioners' enjoyment of their property will be impacted [*121 by the action of the BCC, they are not being deprived of the use of their property, whereas, the developers have a compelling interest in developing the property in question. The risk of an erroneous deprivation is low. The Petitioners were able to present their witnesses. Furthermore, while the BCC did not permit the cross-examination, it did permit questions to be directed to the board, which in turn would address the questions to the appropriate individuals. Thus, while [**11] the questioning might not have been the form the Petitioners preferred, they were provided with an opportunity to present questions to the developer's witnesses. Finally, land use hearings are not in the same form as traditional adversarial hearings during which opposing parties are clearly delineated and those entitled to cross-examine witnesses can be clearly identified. Rather, land use hearings are public hearings during which any member of the public has a right to participate. At the hearing in question, in addition to the witnesses for the developers and the petitioners, twenty-five community members spoke at the hearing. It would be impractical to grant each interested party the right to cross- examine the witnesses at such a hearing, especially in light of the fact that the BCC provides a procedure by which the witnesses can be questioned. Finding that the circuit court afforded the parties procedural due process and applied the correct law, we deny the petition. PETITION DENIED. MONACO, C.J., PALMER and LAWSON, JJ., concur. End of Document Chapter 9. Office of the Hearing Examiner - Procedures Reference LDC section 8.10.00,Code of Laws and Ordinances section 2-83 through 2-90,and Ordinance No. 2013-25. Applicability The Hearing Examiner hears and makes final decisions pursuant to the Code of Laws and Ordinances section 2-83 through 2-90 and Ordinance No.2013-25. A minor conditional use is one which does not require environmental review under Section 2-1191 et seq.of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner or as requested by a member of the Board of County Commissioners. If the Hearing Examiner recuses,disqualifies himself or herself,or does not otherwise hear a particular case where the Hearing Examiner makes the final decision,these cases shall be heard by the Planning Commission in an advisory capacity and then forwarded to the Board of County Commissioners for the final decision. Assignment Once the application is submitted to the County and deemed complete pursuant to Chapters 1 through 7 of the Administrative Code, as applicable,the following petitions shall be assigned to the Hearing Examiner: 1. Administrative Type III Appeal. 2. Alcohol Distance Waiver. 3. Appeal of an Official Interpretation of the LDC. 4. Automobile Service Station Waiver. 5. Boat Dock Facility Extension, including Boat Lift Canopy Deviations. 6. Minor Conditional Use. 7. Minor Conditional Use Re-Review. 8. Minor Conditional Use Extension. 9. Non-Conforming Use Change and Non-Conforming Use Alteration. 10. Parking Exemption with a Public Hearing. 11. Post Take Plan, if applicable. 12. PUD Extension. 13. PUD Insubstantial Changes,including Minor Text Changes. 14. PUD Minor Change to Remove an Affordable Housing Contribution. 15. Sign Variance. 16. Site Plan with Deviations for Redevelopment Projects. 17. Stewardship Receiving Area(SRA) Insubstantial Changes,including Minor Text Changes. Page241 ' g e Collier County Land Development Code I Administrative Procedures Manual Chapter 9 I Office of the Hearing Examiner 18. Variance. 19. Zoning Verification Letter—PUD Comparable Use Determination. Hearing Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters Review 1 through 7 of the Administrative Code,as applicable,five copies of the staff report and application materials shall be forwarded to the Hearing Examiner for all matters assigned to the Hearing Examiner. Pre-Hearing The Hearing Examiner may have ex parte communications with any party or Conference person. Motions for Unless good cause is shown, all motions for disqualification of the Hearing Disqualification Examiner shall be filed no later than ten(10)working days prior to the scheduled public hearing before the Hearing Examiner.The motion shall be accompanied by an affidavit stating particular grounds,which shall be limited to those for which a judge may be disqualified.The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely,the motion shall be ruled on by the Hearing Examiner before whom the case is pending. If the motion and affidavit are found legally sufficient,the Hearing Examiner shall disqualify himself or herself, after which the matter will be set for hearing as provided for in the Land Development Code for such particular action.The Hearing Examiner may also recuse or disqualify himself or herself at any time in accordance with Ord.2013- 25. Notice Public notice is required for all Hearing Examiner hearings. 'See the specific Administrative Code section for the public notice requirements necessary for the petition. q See Chapter 8 of the Administrative Code for additional notice information. Public Hearing— The participants before the Hearing Examiner shall be the applicant,County staff, Participants County agencies, proponents and opponents,inclusive of the public,and witnesses with relevant testimony.The proponent shall be defined as a participant in favor of the application, exclusive of the applicant;whereas,the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.All participants will testify under oath. Public Hearing— 1. Due Process. For hearings,basic due process requires that the parties have Rules of Procedure notice of the hearing and an opportunity to be heard. Parties must be able to present evidence and be informed of all the facts upon which the County acts. The term"parties"to any proceeding are the Applicant and the County(or their representatives)and does not include public participants or their representatives. 2. Evidence. Irrelevant,immaterial,or unduly repetitious evidence shall be excluded.Any part of the evidence may be received in written form,and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient,in 242 ' Page Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner itself,to support a finding by the Hearing Examiner unless it would be admissible over objections in a civil action. 3. Application of rules.The Hearing Examiner is responsible for ensuring these rules are applied equally and consistently to all evidence and testimony presented by the parties and public participants. 4. Burden of Proof.The applicant has the burden of proof to show by competent and substantial evidence that the proposed request conforms to the LDC and the GMP. 5. Expert Witness.A witness may be qualified by the Hearing Examiner as an expert through specialized knowledge,training,experience or education, which is not limited to academic,scientific or technical knowledge. Public Hearing— 1. Hearings will be conducted in an informal but courteous and professional Order of manner.To the extent possible and at the Hearing Examiner's discretion,the Proceedings order of proceedings will be as follows: • Hearing Examiner's explanation of rights and responsibilities of all interested persons as well as an explanation of future proceedings that may occur in relation to the matter to be heard. • The announcement of the matter to be heard and if applicable, Hearing Examiner discloses all ex parte communications. • Presentation of request or appeal by applicant, appellant,or representative. • Presentation of County's position. • Public participation and comment. • Rebuttal and closing statement by applicant,appellant or representative. Rebuttal testimony may not be used to provide new information. 2. Questioning shall be confined as closely as possible to the scope of direct testimony.The Hearing Examiner may call and question witnesses as he or she deems necessary and appropriate.The Hearing Examiner shall decide all questions of procedure and will raise questions and provide comments at anytime during the hearing. Public Hearing— The Hearing Examiner shall not be limited to the evidence presented by Applicant Matters to be or County at the hearing.The Hearing Examiner may consider any additional considered by the relevant evidence including,but not limited to,any of the following: Hearing Examiner 1. The history of the subject parcel. 2. Applicable regulations and development standards promulgated. 3. Applicable goals,objectives,and policies contained in the Comprehensive Plan. 4. Reports and recommendations filed by reviewing agencies. 5. Physical characteristics of the subject parcel and surrounding lands. 243 I Page Collier County Land Development Code I Administrative Procedures Manual Chapter 9 fOffice of the Hearing Examiner 6. Impact on the surrounding transportation network. 7. Availability and capacity of public services. 8. Nature of and impacts on surrounding land use. 9. Environmental impact of the proposed development activity. 10. Application of criteria in LDC relating to the requested petition. 11. Site visit. All such additional relevant evidence shall be made part of the record at the hearing. Public Hearing— 1. The decision of the Hearing Examiner shall be in writing and include: Findings and • Summary of proposed development activity and the evidence Decision of the Hearing Examiner presented. • Findings of fact and conclusions of law,including compliance or noncompliance of the proposed development activity with applicable provisions of the Growth Management Plan(GMP)and the Land Development Code(LDC). • A decision to grant,grant with conditions or deny the application with reasons therefore specified,including any recommended conditions. 2. 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. Public Hearing— 1. A verbatim transcript of all public hearings before the Hearing Examiner shall Record of hearing be recorded by the Clerk of the Board and also transcribed by an official court before the Hearing reporter. Any person may request and obtain a transcript of the record from Examiner the court reporter at their own expense. 2. The record of the hearing before the Hearing Examiner shall consist of: • The application and accompanying documents. • Staff reports and recommendations. • All exhibits and documentary evidence. • The decision of the Hearing Examiner. • Verbatim transcript of the proceedings. Public Hearing— Decisions shall be filed with the Clerk to the Board of County Commissioners. Decisions to be Filed Public Hearing— A copy of the decision of the Hearing Examiner is required to be filed with the Decision of the Clerk of the Board within 30 working days after the conclusion of the public Hearing Examiner hearing before the Hearing Examiner.The Hearing Examiner will deliver all decisions by electronic mail or regular mail. 244 ' Page Collier County Land Development Code I Administrative Procedures Manual Chapter 9 I Office of the Hearing Examiner Public Hearing— Decisions of the Hearing Examiner shall be noted for information purposes on the Decisions to zoning map for variances,conditional uses,and boat dock extensions. Notated on Zoning Map Public Hearing— 1. On motion by a party,the Hearing Examiner may grant a rehearing on an Reconsideration of application for the following reasons: matter by the • Mistake, inadvertence or excusable neglect; Hearing Examiner • Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing;or • Fraud, misrepresentation or other misconduct of an adverse party. 2. The motion for reconsideration by a party shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal.The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Public Hearing— Continuance(s)of the public hearing shall be permitted for good cause as Continuance(s) determined by the Hearing Examiner. If the continuance of the public hearing is to a specific date and time,then re-advertisement of the hearing shall not be required. Public Hearing— 1. Within 30 days after the Hearing Examiner's written determination has been Appeal of the rendered, either the County or the landowner may appeal the determination Decision by the to the Board of County Commissioners.Any additional fee for a landowner- Hearing Examiner initiated appeal must accompany the appeal. At the public hearing,the Board of County Commissioners will review the record created by the Hearing Examiner's proceedings,but the Board may by majority vote accept evidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: • Affirm the Hearing Examiner's determination,with or without modifications or conditions;or • Reject the Hearing Examiner's determination, except that the Board may not modify the determination or impose conditions,or reject the Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. Updated 245 ' Page Questions for the property owner: 1. What are the property owner's annual barrel production projections? How many barrels will be sold and distributed wholesale for off-site consumption?Will the beer be bottled and canned on site? 2. What type of brew system are the property owners installing with regard to capacity?A 7, 10, 30 or? barrel system? 3. What is the fermentation capacity at the industrial manufacturing of beer facility? 4. How many barrels/bottles/cans of brewed beer will be stored on the site?What is the barrel storage capacity and square footage designated for storage? 5. What are the hours of operation for the bar vs. the industrial manufacturing of beer facility? 6. Number of employees for the beer manufacturing facility vs.the bar? 7. Copies of any distribution agreements?Will any SIC 5181 distribution occur in connection with the industrial manufacturing of beer? 8. Have federal and state applications and licenses been applied for and can we get a copy prior to the hearing examiners ruling? 9. Will other beers be sold and will the owner sell 51%of its beer production on site and 49%off site? DOvcj (kis I las 1 r"AVENUE SOUTH TL T KO M P S.0•. .N 1,,'E W Tu'ni r>LE S°FL 34102 L239.316.3006 OFFICE counselors a 239.307.4839FACSIbtILE May .17, 2017 VIA HAND DELIVERY Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Re: Appeal of Staff Approval of the Site Improvement Application; 3555 & 35557 Bayshore Drive&Parcel #: 618413200001 (the "Property"); Bayshore Brew Garden—PL20150002675 ("Site Improvement Plan") Ank Crafts LLC ("Property Owner") To Whom It May Concern: We represent 3570 Bayshore Drive, LLC (the"Adjacent Owner"), the owner of parcels of improved, commercial property, including valuable parking area, located in the. C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district("BMUD- NC")directly across the street from the Property, which is currently owned by the Property Owner and has an approved Site Improvement Plan, which approval was issued on April 18, 2017, "for industrial manufacturing of beer and related uses with site work." We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this appeal. On behalf of the Adjacent Owner, we hereby file this appeal pursuant to Section 250-58 based on the following: 1. That"industrial manufacturing of beer and related uses with site work"as described on the Exhibit "A" cover letter (attached hereto) as fled by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That"industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. www.tllfim.coni Growth Management Division/Planning and Regulation A1'TN: Business Center May 17, 2017 Page 2 By way of background, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District - Neighborhood Commercial Sub-district ("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map(attached hereto as Exhibit "C"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "D"), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4)or the Bayshore Drive Mixed use Overlay District —Neighborhood Commercial Sub-district("BMUD-NC"): In fact,the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning, even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. Further, the Site Improvement Plan fails to acknowledge the use zoning limitations (as described above) and fails to properly Iimit and restrict the requested improper uses of the Property. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such, we believe that "industrial manufacturing of beer"is not a principal,accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we arc also submitting formal objections to the staff related to the Site Improvement Plan Application and comments not included by staff in prior reviews of the Site Improvement Plan Application. I.f you have any questions regarding this mater,please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dja cc: Mr. James Turri BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:13 AM To: BosiMichael Subject: FW: support letter Mct4k/ 23 9.2 52.4446 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. From: Carey Wenn [mailto:careylynn.wenn@gmail.com] Sent:Thursday, November 02, 2017 6:39 PM To:StrainMark<MarkStrain@colliergov.net> Subject: support letter November 2, 2017 Dear Mark Strain, As a property owner on Lakeview Dr, I am writing you to ask you to support the Ancrolab Brewing Company located at 3555 Bayshore Drive. I had planned to return to Naples in mid October,but due to circumstances beyond my control, I will not be returning for another week to 10 days forcing me to miss the scheduled meeting on November 9th. For years the CRA and residents have worked prudently to promote a positive crime free area for residents and business owners. These changes have attracted tourists, new residents and new businesses to the area. This project is forward-looking and it supports the vision of developing the Bayshore area into the cultural and art area of Naples. The property for the Ancrolab Brewing Company was purchased by Adam and Lois Kelley in January 2016 after receiving a zoning verification letter from Collier County. The Site Improvement Plan was submitted and approved. For unknown reasons,this project has been repeatedly postponed. As a business owner, I understand firsthand how interruptions can force a business owner to alter their plans and how delays impact a project negatively and financially. 1 1111 Pxs/ 11.14 ? BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:13 AM To: BosiMichael Subject: FW: Bayshore brewery Xi ark, 239.252.4446 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. From:Janet Nave [mailto:janet.nave@gmail.com] Sent:Thursday, November 02, 2017 8:27 PM To: StrainMark<MarkStrain@colliergov.net>; Mikebosi@colliergov.net Subject: Bayshore brewery I am not able to make the meeting but do want to be on record in support of it. I own at Botanical Place and look forward to being able to walk there. I was told when I bought in 2006 that the area would be a walking neighborhood. We do have Real McCaw and 360 but need more upscale places. I know Windstar agrees. And I am sure Mattamy homes future owners will support it also. I do not know why that one particular owner is fighting it. He does not even live here. Why would you give him more credence than those of us who actually live in the area. We all pay more taxes than he does! 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:21 AM To: BosiMichael Subject: FW: proposed brewery @ 3555 Bayshore Mark 239.252.4446 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:Jim Johnson [mailto:johnsja3595@gmail.com] Sent: Friday, November 03, 2017 11:37 AM To: StrainMark<MarkStrain@colliergov.net> Subject: proposed brewery @ 3555 Bayshore Mark; My wife and I totally support this endeavor! Jim and Sue Johnson Isles of Collier Preserve I. BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:21 AM To: BosiMichael Subject: FW: Proposed Brewery at 3555 Bayshore drive Mcwk, 23 9.2 52.4-44-6 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. From: Michael Sullivan [mailto:mikes12345678@hotmail.com] Sent: Friday, November 03, 2017 12:43 PM To: StrainMark<MarkStrain@colliergov.net>; mikebosi@colliergov.net Subject: Proposed Brewery at 3555 Bayshore drive Dear Sirs, As full time Naples residents and neighbors to the proposed brewery, my wife and I would like to send this message of our full support for the proposed brewery. We believe this would be a perfect fit for Bayshore drive to go along with 360 Market and the upcoming food truck area. This is the type of business that would bring a more youthful, vibrant feel to the area and give local residents a spot to meet and enjoy a good time. We have visited a number of the other local breweries such as Naples Beach brewery, Riptide and Bone Hook. They bring in a nice clientele that would be appropriate for the desired resurgence of the area. Sincerely, Michael and Kathleen Sullivan 4949 Andros Drive The Isles of Collier Preserve Naples Sent from Mail for Windows 10 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:22 AM To: BosiMichael Subject: FW:Ankrolab Brewing Company Mark, 239.252.4446 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. From: Dan Rioux [mailto:danrioux@gmail.com] Sent: Friday, November 03, 2017 1:09 PM To:StrainMark<MarkStrain@colliergov.net> Subject:Ankrolab Brewing Company Dear Mr. Strain, I'm writing in regard to Ankrolab Brewing Company. I'm in the medical profession and the Kelly family have been clients for close to ten years. There are few citizens in Naples or Collier County as conscientious, moral, capable, and well- intentioned as the Kelly's. They are highly invested in their community and active in helping to keep this an incredible place to live. I'm originally from the Portsmouth NH area where we enjoy an incredible downtown experience. My brother-in-law who is from Lyon France loves coming to that area and talks unendingly about Portsmouth's incredible environment, complete with sidewalk cafes, restaurants, and micro-breweries. The small city's numerous micro-brewers help create a European feel to the area with an ambiance that's impossible to describe. It's our favorite place to be and can't wait to go back each summer. As much as we love Naples, we do long for a quaint area with cafes and micro-breweries where we could relax with friends. I have to say I was dismayed and very surprised that after two years in the making Ankrolab Brewery remains stuck on the starting line. The Kelly's are so astute about dotting every i and crossing every t. I know they got a favorable zoning verification before even buying the property. It's difficult to comprehend that after two years there's been such little progress. I urge you to rule in favor of the Ankrolab Brewing Company. Our community will be the benefactors. Sincerely, Daniel A. Rioux 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:30 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Mcurl(' 23 9.2 52.4446 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. From:John H. Ehrlich [mailto:jehrlich@galleonassociates.com] Sent: Sunday, November 05, 2017 1:09 PM To:StrainMark<MarkStrain@colliergov.net> Subject:Ankrolab Brewing Company Dear Mr. Strain, I am writing you in support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive. The Kelleys and their team of professionals have been working on this project for more than two years.They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. I, along with many others, believe the microbrewery fits beautifully into the vision for the area. 1 Therefore I sincerely hope the Ankrolab project will be part of and aid that revitalization and that these types of delays can be expeditiously dealt with. Thank you for your time and consideration. John Ehrlich 1144 Galleon Drive Naples, FL 34102 Sent from my iPhone 3 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 7:31 AM To: BosiMichael Subject: FW: Brewery on Bayshore Support Mark 239.252.4446 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: Jerry Schreibstein [mailto:jschreib2@comcast.net] Sent: Monday, November 06, 2017 7:26 AM To: StrainMark<MarkStrain@colliergov.net> Cc: mikebosi@colliergov.net Subject: Brewery on Bayshore Support Gentlemen I just want to express my strong support for the proposed brewery on Bayshore. I think more restaurants and entertainment venues in the triangle are essential to create a community buzz. Hopefully we can get this project moving. Unfortunately, I cannot attend the meeting this week. Please add me to the list of strong supporters.Thanks for your time and attention to this matter. Jerry Jerry Schreibstein Lyford Isle drive Isles of Collier Preserve Sent from my iPhone 1 BosiMichael From: StrainMark Sent: Thursday, November 2, 2017 2:19 PM To: BosiMichael Subject: FW: Hearing on 3555 Bayshore Drive, November 9, 2017 Mark 239.252.4446 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: Suzanne Saltsman [mailto:suzannesaltsman@me.com] Sent: Thursday, November 02, 2017 2:10 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Hearing on 3555 Bayshore Drive, November 9, 2017 Dear Mr. Strain, As I will not be able to attend the November hearing for the subject property, I am writing to you to voice my support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive, Naples, Florida. I have known the Kelley's for many years and been privy to their intent and dedication to the integrity of this project since it's inception. Bayshore Drive redevelopment efforts would certainly benefit from their plans that include both bringing young and old alike together in a venue supporting community and enjoyment, and most impressive improvements to the property. I would ask your consideration in expediting favorable zoning for this project. Sincerely, Suzanne H. Saltsman 1 BosiMichael From: StrainMark Sent: Friday, October 20, 2017 8:44 AM To: BosiMichael Subject: FW: Ancrolab Brewering Company project, 3555 Bayshore Drive, Naples Mark, 239.252.4446 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. From: Mary Kay [mailto:swishnews707@gmail.com] Sent: Friday, October 20, 2017 8:16 AM To: StrainMark<MarkStrain@colliergov.net> Subject: RE: Ancrolab Brewering Company project, 3555 Bayshore Drive, Naples Dear Honorable Commissioner, As a property owner on Bayshore Dr and team member on this project, I am writing you to ask you to support the Ancrolab Brewring company(formally Bayshore Brew Garden)to be located at 3555 Bayshore Drive. As you know, the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County. The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we therefore need your support to be able to move the project forward. This project is designed to not only create jobs and be an attraction point for Naples, but it will create a local community, promote local art and revitalize the area. Please help us move this project forward. This would be a tremendous loss for the area. We have support from many neighbors and business owners in the area. Respectfully, Mary Kay Mickiewicz 1 BosiMichael From: StrainMark Sent: Thursday, October 19, 2017 3:34 PM To: BosiMichael Subject: FW:Ankrolab Brewery Company 3555 Bayshore Dr Mark, 239.252.4446 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. From: Diane Sullivan [mailto:diane@nbbrealty.com] Sent:Wednesday, October 18, 2017 1:34 PM To: StrainMark<MarkStrain@colliergov.net> Subject:Ankrolab Brewery Company 3555 Bayshore Dr Dear Mr Strain, As a property owner in Bayhsore and a business owner on Bayshore Dr, I am writing you to ask you to support the Ankrolab Brewring Company (formally Bayshore Brew Garden)to be located at 3555 Bayshore Drive. As you know,the property was purchased by Adam and Lois Kelley in January 2016 following receipt of the zoning verification letter from Collier County.The Site Improvement Plan has been submitted and approved. However, the project has been repeatedly delayed, causing emotional and financial losses. We hope the owner will not be forced to abandon the project and we need your support to be able to move the project forward. This business will not only create jobs and tax revenue. it will also be an attraction point for Bayshore, will stimulate future business growth and continue the progress of revitalizing the area and promote local art Please help us move this project forward.This would be a tremendous loss for both Naples and Bayshore to loose this business. We already have support from many neighbors and business owners, but desperately need yours! Respectfully, Diane Sullivan Diane Sullivan I Owner/Broker 3570 Bayshore Dr.#103 I Naples,FL 34112 M:239-273-2848 I 0:239-228-5348 1 BosiMichael From: StrainMark Sent: Thursday, October 19, 2017 3:33 PM To: BosiMichael Subject: FW:Ankrolab Brewery on Bayshore Drive M ark, 23 9.2 52.444-6 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. From: Karen L. Beatty [mailto:klbeatty@comcast.net] Sent:Thursday, October 19, 2017 3:30 PM To:TaylorPenny<PennyTaylor@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>; SolisAndy <AndySolis@colliergov.net>; SaundersBurt<BurtSaunders@colliergov.net>; McDanielBill <BillMcDaniel@colliergov.net> Cc:StrainMark<MarkStrain@colliergov.net>; ForesterDebrah <Debrah.Forester@colliercountyfl.gov>; GarciaShirley <ShirleyGarcia@colliergov.net> Subject:Ankrolab Brewery on Bayshore Drive Dear Chairwoman Taylor and Commissioners, As you may be aware, the owners who purchased an unsightly blighted commercial building at 3555 Bayshore Dr. within the Bayshore/Gateway Triangle CRA, have plans to renovate it into beautiful building and call it Ankrolab Brewing Company (former name Bayshore Brew Garden). See image below. This property was purchased January 2016, following their receipt of a zoning verification from Collier County. Their site improvement plan was submitted and approved. During the two year period since purchasing the property, the team of Ankrolab, consisting of a family of long time Collier County residents, have been stymied and delayed repeatedly which has been a terrible financial and emotional expense to the partners in the project. Bayshore this addition and have been excited about it. The owners have already been more than patient and kind. If you have not recently seen the architectural image of the proposed Ankrolab Brewery, here it is. The owners want to transform the existing building that housed the business, Small Engine World, for so many years and make Bayshore Great, FINALLY with their contribution. PLEASE HELP however you can before we lose these wonderful owners to another area of town, leaving the current ugly building to continue blight in the area. Thank you for your time and considerations, Karen Karen L. Beatty, ABR, GRI Downing-Frye Realty, Inc. Direct Cell: 239 269-7788 Direct Fax: 239 236-0365 NATIVE Floridian, loving Naples since 1977. Bayshore/Gateway Triangle CRA Advisory Board Member www.karenbeatty.com www.nativeknowsnaples.listingbook.com Member of NABOR, FAR, NAR Serving Buyers, Investors and Sellers for 19 years! MULTIPLE AWARD WINNER 3 BosiMichael From: StrainMark Sent: Tuesday, November 7, 2017 4:24 PM To: BosiMichael Subject: FW: Ankrolab Brewing Company and favorable zoning verification M curl(' 239.252.4446 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. From:Suzette Fernandes [mailto:suzetteef@aol.com] Sent:Tuesday, November 07, 2017 4:11 PM To: StrainMark<MarkStrain@colliergov.net> Subject:Ankrolab Brewing Company and favorable zoning verification Dear Mr. Strain, I am writing to you in support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive.The Kelleys and their team of professionals have been working on this project for over two years.They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. Many believe the microbrewery fits beautifully into the vision for the area, obviously including myself! I live in Collier County and I am a volunteer for different organizations in town who's constituents reside in this CRA area on Bayshore Dr. This business will be a welcome addition to the neighborhood that I, along with friends and family would frequent. These types of businesses will bring people to Bayshore, improve the look of the area and provide jobs. Prior to purchasing the building the Kelley's obtained a favorable zoning verification letter. After a year with no apparent issues, a complaint was submitted to the county by a neighbor who owns a building across the street. He is asking that the favorable Official Interpretation of the zoning be changed. If zoning verification letters and the following official interpretation cannot be trusted, it is terribly risky to invest in property and plan a business. This is really unacceptable for Naples and for the County. Microbreweries have been a part of revitalizing blighted areas across the country. We sincerely hope Ankrolab and Collier County will be part of that trend. After many months of unfortunate and expensive delays we ask that this process be expedited in any way possible. 1 BosiMichael From: StrainMark Sent: Tuesday, November 7, 2017 3:17 PM To: BosiMichael Subject: FW:Ankrolab Brewing Company Mark/ 239.252.4446 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. From: Susan Grant [mailto:scgrantcpa@gmail.com] Sent:Tuesday, November 07, 2017 3:00 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Mr. Mark Strain Re: Ankrolab Brewing Company Dear Mr. Strain, I am writing to you in support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive. The Kelleys and their team of professionals have been working on this project for over two years. They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. Many believe the microbrewery fits beautifully into the vision for the area. Prior to purchasing the building the Kelley's obtained a favorable zoning verification letter. After a year with no apparent issues, a complaint was submitted to the county by a neighbor who owns a building across the street. He is asking that the favorable Official Interpretation of the zoning be changed. If zoning verification letters and the following official interpretation cannot be trusted, it is terribly risky to invest in property and plan a business. Microbreweries have been a part of revitalizing blighted areas across the country. We sincerely hope Ankrolab and Collier County will be part of that trend. Local breweries are fun and the plans for this one is family friendly. It is a wonderful location. We enjoy visiting local breweries in our travels and hope that Naples becomes a mega center of microbreweries. It can be a positive environment for entertaining family and friends. After many months of unfortunate and expensive delays we ask that this process be expedited in any way possible. 1 BosiMichael From: StrainMark Sent: Tuesday, November 7, 2017 3:52 PM To: BosiMichael Subject: FW:Ankrolab Ma-vk/ 239.252.4446 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. From: calhoun1943@aol.com [mailto:calhoun1943@aol.com] Sent:Tuesday, November 07, 2017 3:49 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Ankrolab Original Message From: calhoun1943 <calhoun1943aol.com> To: markstrain <markstrain(a�colliergov.net> Sent: Tue, Nov 7, 2017 9:53 am Subject: Ankrolab Dear Mr. Strain, I am writing to you in support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive. This issue will be coming before you this Thursday, November 9, 2017. The Kelleys and their team of professionals have been working on this project for over two years. They purchased the building in January 2016 and have been working closely with the CRA advisory board and community members since that time. Prior to purchasing the building the Kelley's obtained a favorable zoning verification letter. As a 40 plus year resident of Naples I have always looked forward to the time when this area of Naples would improve it's conditions. It is a natural for just that given it's location and now the wonderful addition of the Botanical Garden. After a year with no apparent issues a complaint was submitted to the county by a neighbor who owns a building across the street. Perhaps he does not understand this undertaking and has an incorrect view of what a microbrewery actually is. Microbreweries are a part of revitalizing many blighted areas across our entire country. They are clean and result in creating very nice commercial areas which is exactly what this area needs and has needed for years. If zoning verification letters can not be trusted it is a very risky thing to ask people to invest in businesses and property in this county. We already have a poor reputation regarding the issuance of permits. After many months of unfortunate and expensive delays I join in asking that this process be expedited in any way possible and that the Ankrolab Brewery be permitted to advance so that many of us can enjoy it and bring a new end exciting vitality to this neighborhood. Respectfully submitted, Linda Cardillo 1 BosiMichael From: StrainMark Sent: Tuesday, November 7, 2017 11:44 AM To: BosiMichael Subject: FW: Email In Support of Ankrolab Brewing Company M cwk' 239.252.4446 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. From:Jason Vogel [mailto:jvogel@AMUC.Com] Sent:Tuesday, November 07, 2017 11:26 AM To:StrainMark<MarkStrain@colliergov.net> Subject: Email In Support of Ankrolab Brewing Company Dear Mr. Strain, I write to express my support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive.The Kelleys and their team of professionals have been working on this project for over two years.They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. In my personal experiences and discussions, the vast majority of folks advocate and support a microbrewery in the Bayshore area. Prior to purchasing the building the Kelley's obtained a favorable zoning verification letter. After a year with no apparent issues, an unforeseen and singular complaint was lodged by a neighbor who owns a building across the street. He is asking that the favorable Official Interpretation of the zoning be changed. If zoning verification letters and the following official interpretation prove less than reliable, it serves to discourage those seeking to invest in property and launch a business venture. Microbreweries have been a part of revitalizing blighted areas across the country. I respectfully request that Ankrolab'and Collier County will be part of this trend. As a co-founder of Bone Hook Brewing Company and an 12-year resident of Collier County, I look forward to seeing the Kelley's vision come to fruition, buoy the continued revitalization of the Bayshore region and hope to soon patronize the business with my friends and family. After many months of unfortunate and expensive delays we ask that this process be expedited in any way possible. Please advise if there is anything further I can do to support the Kelleys and their project. Kindest regards, Jason Vogel 1 BosiMichael From: StrainMark Sent: Tuesday, November 7, 2017 11:42 AM To: BosiMichael Subject: FW: Bayshore Drive Brewery M cwrk' 239.252.4446 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. From: Bill Horbowy [mailto:bbh777hb@outlook.com] Sent:Tuesday, November 07, 2017 10:20 AM To: StrainMark<MarkStrain@colliergov.net> Subject: Fwd: Bayshore Drive Brewery See below. resending due to address error. Sent from my iPad Bill Horbowy Begin forwarded message: From: bbh777hb@outlook.com Date: November 7, 2017 at 10:17:40 AM EST To: markstrain@colliegov.net Subject: Bayshore Drive Brewery Hello, I am a resident of the Isles of Collier Preserve. I want to let you know that I strongly support approval for the Brewery planned in the old engine facility on Bayshore. The area needs more options like this for dining and entertainment. With the upcoming food truck court and re-opening of the Anchor Bar and Grill on Bayshore it will add to the Bayshore area to becoming a thriving and vibrant area near the Botanical Garden. I ask that you support this opportunity to enhance the Bayshore area. Sent from my iPad Bill Horbowy Isles of Collier Preserve Resident 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 1:36 PM To: BosiMichael Subject: FW: Bayshore Microbrewery Mark' 239.252.4446 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. From: Patricia Young [mailto:payoung3@hotmail.com] Sent: Monday, November 06, 2017 1:06 PM To: StrainMark<MarkStrain@colliergov.net>; mikebosi@colliergov.net Subject: Bayshore Microbrewery Dear Mr. Strain and Mr. Bosi: At your meeting on Thursday November, 9, please approve the proposed Microbrewery slated for Bayshore Ave. As a resident of the Isles of Collier Preserve, I frequent the existing commercial offerings, and I think the brewery will be a very good addition to this blossoming area. Thank you for considering this. Patricia Young 5074 Andros Drive Naples 34113 Sent from Mail for Windows 10 1 Mark Strain, Hearing Examiner Penny Taylor, County Commissioner-District 4 Donna Fiala, County Commissioner-District 1 Bill McDaniel, County Commissioner-District 5 Burt Saunders, County Commissioner-District 3 Andy Solis, County Commissioner-District 2 October 20, 2017 RE: Letter of Support—Ankrolab Microbrewery To whom it may concern: On behalf of the Ankrolab Microbrewery we would like to express our Community support for this new business in our neighborhood. This letter is being written to convey our support for Ankrolab because we live across the street from the proposed site for the new business. As tenants of 3570 Bayshore Dr. we feel this business would only enhance the neighborhood and do not feel this would be detrimental or interfere negatively in our ability to enjoy our quality of life due to the proximity or type of use. We have met the owner and find him to be a good neighbor and he,has also expressed to us if we had any issues we can go directly to him to resolve any of our concerns in regards to his business. Thank you in advance, op* f t.. 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 8:23 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company -- badly needed on Bayshore M curl(' 239.252.4446 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. From: Susan Gibbons [mailto:sgibbonsnyc@aol.com] Sent: Monday, November 06, 2017 8:05 AM To: StrainMark<MarkStrain@colliergov.net> Cc: Bill@Drackett.cc; skutler@gmail.com Subject:Ankrolab Brewing Company-- badly needed on Bayshore Dear Mr. Strain, I am writing to you in support of Ankrolab Brewing Company, to be located at 3555 Bayshore Drive. I, along with my fellow board members of the CAPA Cultural and Performing Arts Center, have long recognized the significant potential to revitalize Bayshore Drive into an "arts" community, And thus the CAPA organization has worked steadfastly toward --and is making great progress --on building an Arts Center on Bayshore. This community needs restaurants right now--as seen by the overwhelming success and crowds at Three60 Market. I, along with friends and colleagues, ATTEMPT to dine at least once a week on Bayshore. But the crowds at Three60 Market often necessitate that we leave Bayshore, to dine elsewhere. Thus, the demand for restaurants is significant, unmet, and urgent. And over the next several years, the need for restaurants will continue rapidly increase. As a local resident, I have personally watched this need grow rapidly, and was delighted to hear that Ankrolab Brewing would be opening on Bayshore. Bayshore has significant potential to become an "arts and entertainment destination", and patrons need somewhere to enjoy a meal. The Kelleys and their team of professionals have been working on this project for over two years. They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. Many believe the microbrewery fits beautifully into the vision for the area. Prior to purchasing the building the Kelley's obtained a favorable zoning verification letter. After a year with no apparent issues, a complaint was submitted to the county by a neighbor who owns a building across the street. He is asking that the favorable Official Interpretation of the zoning be changed. If zoning verification letters and the following official interpretation cannot be trusted, it is terribly risky to invest in property and plan a business. Microbreweries have been a part of revitalizing blighted areas across the country. We sincerely hope Ankrolab and Collier County will be part of that trend. 1 BosiMichael From: StrainMark Sent: Monday, November 6, 2017 8:22 AM To: BosiMichael Subject: FW: a few thoughts on an upcoming zoning decision - thank you for considering Mct vlcy 239.252.4446 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. From: Mark Goebel [mailto:mark.c.goebel@gmail.com] Sent: Monday, November 06, 2017 8:03 AM To: StrainMark<MarkStrain@colliergov.net> Subject: a few thoughts on an upcoming zoning decision -thank you for considering Dear Mr. Strain, I am sure you are receiving quite a bit of support for the idea of a new brewing company on Bayshore. A project I think would add a lot to our community both economically and in the beautification and gentrification of a once tough neighborhood. I have lived in or toured Naples for over forty years-twenty of them off Bayshore-and watched in wonder at all the new development. I am delighted to see see we moved so far forward from the darker"Kelly Road" days. What I like about the brewery is it goes with the new look and feel of Bayshore-artsy,trendy, some loft apartments planned -and very much in step with the trends of an urban and walkable lifestyle. The brewery along with 360 market,the Botanical Garden and the planned performing arts center will be a great next step to improving our neighborhood. As I understand it Ankrolab Brewing Company is the dream of the Kelly family and the fruits of a two year effort to bring a new business and lifestyle to Bayshore.. It may be "urban rumor" but I understand a small minority are trying to block the project- perhaps a minority of one? Something about revoking a prior zoning decision to block the project. I am sure they have their reasons but I cannot help but think the big picture and future of Bayshore would benefit from such a project. By way of introduction I am one of many "retired" executives who wintered here for many years and am now here full time with my family. After serving on the Habitat for Humanity, CAPA, Botanical Garden and Seacrest Country Day boards as well as my church, I started a family real estate business with my wife, son and daughter in law. We love it here and enjoy helping people find their new Naples home. A portion of our earnings is returned back to the community in the form of non-profit donations each year. Although we do no commercial or industrial building I am concerned about a zoning reversal to block the brewery project. Losing the brewery would be a blow to the neighborhood's beautification effort- but something else is at stake I think. Trust. Trust in the zoning process is so important to our investor community relations (who we obviously need to bring back the Bayshore Triangle). I have found from personal experience real estate investing and business 1 BosiMichael From: StrainMark Sent: Thursday, November 9, 2017 7:41 AM To: BosiMichael Subject: FW: Ankrolab Brewing Company Mark 239.252.4446 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: DANIELLE DANNO [mailto:danielledanno@yahoo.com] Sent: Wednesday, November 08, 2017 8:34 PM To: StrainMark<MarkStrain@colliergov.net> Subject: Ankrolab Brewing Company Dear Mr. Strain, I am writing to you in full support of Ankrolab Brewing Company to be located at 3555 Bayshore Drive. The Kelley's and their team of professionals have been working on this project for over two years.They purchased the building in January of 2016 and have been working closely with the CRA advisory board and community members since that date. Many believe the microbrewery fits beautifully into the vision for the area. Prior to purchasing the building, the Kelley's obtained a variable zoning verification letter. Personally, I work and reside in Collier County full time. I have known the Kelley's for quite a few years and can say they are a hardworking and great family. The vision for this Ankrolab Brewing Company project has been well thought out, and the Kelley's have been more than compliant with "all of the hoops" they had to jump through to get to this point. I, and many other people, would be extremely disappointed if Ankrolab Brewing Company doesn't get the support it needs to move forward on this project to complete it. It has so much potential to improve the area and become a great spot for locals and seasonal guests to frequent. It will bring jobs to the area, promote small business growth for Naples, and give a dedicated group of people a chance to start their own business. It also brings a hand crafted product available to the public, that is made here in town. This has all been a lengthy and costly process for the Kelley's. I really hope that the complaint of one person does not ruin it for the rest of us and the opportunity to do this in Collier County. After a year with no apparent issues, a complaint was submitted to the county by a neighbor who owns a building across the street. He is asking that the favorable Official Interpretation of the zoning be changed. If zoning verification letters and the following official interpretation cannot be trusted, it is terribly risky to invest in property and plan a business. Microbreweries have been a part of revitalizing blighted areas across the country. We sincerely hope Ankrolab and Collier County will be part of that trend. After many months of unfortunate and expensive delays we ask that this process be expedited in any way possible. 1 Future Land Use Element as of Ordinance No.2017-22 adopted June 13,2017 (IV)(IX)(XXV)(XXXI I) F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore/Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. Two zoning overlays have been adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle)to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. (XV)(XXXI I)(XXXVH)(XLIV) 4. Properties with access to US 41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road may be allowed a maximum density of twelve (12) residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units — 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in paragraph no. 8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for (XLIV)=Plan Amendment by Ordinance No.2017-22 on June 13,2017 138 j�lt���= ix�`✓� mh TRANSPORTATION CONSULTANTS, INC. Attachment"A" MEMORANDUM TO: Mr. Blair Foley, P.E. Blair A. Foley, PE LLC FROM: Ted Treesh President DATE: July 13, 2016 RE: Bayshore Brewery—PL20150002675 3555 Bayshore Drive Naples, Florida TR Transportation Consultants, Inc. has completed a traffic analysis for the Site Development Plan application for a brewery to be located on the east side of Bayshore Drive iri East Naples, Florida. The subject site is located at 3555 Bayshore Drive, approximately three-quarters of a mile north of its intersection with Thomasson Drive in Collier County, Florida. Figure 1 illustrates the approximate location of the subject site. As currently requested, the brewery will occupy an existing building that is currently approximately 6,000 square feet in size. The site will be utilized with approximately 3,845 square feet of floor area for public use (includes approximately 430 square feet of outdoor sitting area) and 2,585 square feet of floor area for the actual brewing operations. Access to the subject site will be provided to Bayshore Drive via one existing right- in/right-out access at the southern entrance and via one existing right-out only access at the northern exit. No food preparation will be provided within the building. EXISTING CONDITIONS Bayshore Drive is a north/south four-lane divided roadway to the north of Thomasson Drive and to the south of US 41. The Level of Service Standard on Bayshore Drive (link # 7.0) is LOS "D"or 1,800 vehicles. TRIP GENERATION & DISTRIBUTION The Institute of Transportation Engineers Report titled Trip Generation, 9`h Edition, was referenced to estimate the trip generation for the proposed development. Since ITE does Mr. Blair Foley, P.E. T1 TRANSPORTATION Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 2 not contain any use that is similar to the proposed brewery, the building floor area that will be open to public for tasting and consumption of the brewed beers was considered a Drinking Place (Land Use Code 925) and the floor area that will be utilized for the manufacturing of the beer was considered a Light Industrial use (Land Use Code 110). The trip generation equations for Land Use Code 110 and Land Use Code 925 are attached to the end of this document for reference. Table 1 provides a summary of the land uses being applied for as a part of this SDP application. Table 1 Proposed Land Uses Bayshore Brewery Land Use Intensity Light Industrial 2,585 square feet (LUC 110) Drinking Place 3,845 square feet (LUC 925) Table 2 provides a summary of the trip generation projections for the development as currently proposed. No A.M and Daily trip generation was completed due to lack of data for Land Use Code 925 in ITE. No discount was taken in the trip generation based on the previous use of the existing building as a small engine repair shop. The use has been closed for approximately one year. Table 2 Trip Generation Bayshore Brewery Land Use Weekday P.M.Peak Hour _ In Out Total Light Industrial 0 3 3 (td (2.585 square feet) Drinking Place 29 15 444 of (3,845 square feet) v Net Trips 29 18 47 The trips shown in Table 2 were assigned to the surrounding roadway system based upon the anticipated routes that drivers would utilize to approach the site. Access to the site will be provided via the two existing access drives. The southern access along the south property line is limited to right-in/right-out movements only. The northern site access will be limited to existing movements only. The existing roadway network adjacent to the subject site was utilized to assist in determining the distribution of site traffic. Figure 2 illustrates the anticipated distribution of the project traffic. The project trips were then assigned to the surrounding intersections based upon the anticipated distribution of the project traffic. Figure 2 also illustrates the resulting assignment of the project traffic. Mr. Blair Foley, P.E. T1 TRANSPORTATION Bayshore Brewery CONSULTANTS, INC. July 13, 2016 Page 3 CONCURRENCY/LEVEL OF SERVICE ANALYSIS In order to determine which roadway segments surrounding the site will be significantly impacted, Table IA, contained in the Appendix, was created. This table indicates which, if any, roadway links will accommodate an amount of project traffic greater than the 2%- 2%-3% Significance Test. Therefore, the net new traffic generated as a result of the proposed development was compared with the Capacity for Peak Hour — Peak Direction traffic conditions as defined by the 2015 Collier County Annual Update Inventory Report (AUIR). From Table 1A, no roadway segments are shown to be significantly impacted by the proposed development. In addition to the significant impact criteria, Table 1 A also includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for each roadway segment analyzed was obtained from the 2015 Collier County Annual Inventory Update Report (AUIR). In order to estimate the projected 2018 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes from the 2015 AUIR were adjusted by the appropriate growth rate. The growth rates calculated for the area roadway links are indicated on Table 3A. These projected volumes were then compared with the 2015 existing plus trip bank volumes from the 2015 AUIR. The more conservative of the two volumes was then utilized as the 2018 background traffic volume. The concurrency analysis was performed by subtracting the project traffic volumes from the 2018 background remaining capacity in order to determine whether or not sufficient capacity will be available after the addition of the net new traffic associated with the proposed development. Based on the information contained within Table 1A, there will be sufficient capacity on the surrounding roadway network to serve the net new trips generated as a result of the proposed development. Figure 3 illustrates the results of the concurrency analysis. Pursuant to the Collier County Construction Standards Handbook, a right turn lane is required on Bayshore Drive at the southern site access drive. However, due to right-of- way constraints on the property to the south, construction of this lane is not feasible. The developer is seeking a waiver from the turn lane requirement. CONCLUSION The development of the proposed brewery located on the east side of Bayshore Drive in Collier County, Florida will not have a detrimental impact on the surrounding roadway system. Bayshore Drive has a sufficient capacity to accommodate the minimal amount of new trips anticipated to be generated by the proposed facility. s8gi 11 a as I r 1 4 m Z Em N i t. {I f > , 11.-7--431,wer --- . 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Ir Hlevel Ilc_9128 straea plale—naples,fl 34108 139.877.6777 www.hteveLafo'Cense%AA26002625 ® 745 12TH AVENUE SOUTH T8, T H O M P S ` N L E W 1 NAPS, 34102 239.316.3006 OFFICE Counselor's al 239.307.4839 FACSIMILE 120U(ItitTLIFIRM,com March 31, 2017 VIA CERTIFEID MAIL RETURN RECEIPT REQUESTED Mr. Michael Bosi,Planning and Zoning Director Growth Management Division/Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 Re: Request/Application for Official Interpretation pursuant to the Collier County Land Development Code subsection 1.06.01 D.1; 3555 &35557 Bayshore Drive&Parcel#: 618413200001 (the "Property"); Bayshore Brew Garden—PL20150002675 ("Site Improvement Application") Ank Crafts LLC("Property Owner") Dear Mr. Bosi: We represent 3570 Bayshore Drive, LLC (the "Adjacent Owner"),the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC")directly across the street from the Property,which is currently owned by the Property Owner and has a pending Site Improvement Plan Application for industrial manufacturing of beer and related uses with site work. We have enclosed with this request / application a check for payment of the requisite Collier County filing fees, and our client asks that you contact and follow-up with this office directly regarding this letter/application. On behalf of the Adjacent Owner, we hereby request an official interpretation pursuant to the Collier County Land Development Code subsection 1.06.01 D.1on the following: 1. That "industrial manufacturing of beer and related uses with site work"as described on the Exhibit "A" cover letter (attached hereto) as filed by the Property Owner with its Site Improvement Plan Application is not a permitted use of the Property; and 2. That "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. www.tllfim.com Mr. Michael Bosi,Planning and Zoning Director March 31, 2017 Page 2 By way of background, the Property has a zoning designation of General Commercial District (C-4) and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC") as confirmed by the attached copy of the Collier County Zoning Map (attached hereto as Exhibit "B"). Allowable uses within the underlying C-4 zoning are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references, that are defined within the "Standard Industrial Classification (SIC) Manual — 1987", in identifying and listing allowable zoning uses. The "industrial manufacturing of beer" or brewery property falls under SIC code of SIC 2082 (attached hereto as Exhibit "C"), and SIC 2082 is not listed as a principal or conditional use in either the General Commercial District(C-4)or the Bayshore Drive Mixed use Overlay District —Neighborhood Commercial Sub-district("BMUD-NC"). In fact,the site is not zoned industrial and the intensity of this industrial/manufacturing use is fully incompatible with C-4 zoning, even as an accessory and incidental use to any other permitted C-4 use. In fact, the Site Improvement Plan Application confirms that the industrial manufacturing of beer is not incidental as one-half of the six thousand (6,000) square foot building is designated as an industrial manufacturing use on the Parking Requirements notation in the Site Improvement Plan Application. We believe that any "industrial manufacturing of beer" use at the Property would be improper. As such,we believe that "industrial manufacturing of beer"is not a principal,accessory or conditional use that can occur on the Property, and we respectfully ask to receive written confirmation from Collier County for the same. By way of separate letter, we are also submitting formal objections to the staff related to the Site Improvement Plan Application and related applications. If you have any questions regarding this mater,please feel free to contact me. Very truly yours, Douglas A. Lewis For the Firm DAL/dj a cc: Mr. James Turri Narrative For Appeal of INTP-2017-PL-1233 Background Ank Crafts, LLC a/k/a ANKROLAB BREWING COMPANY(the"Brewing Company"),having a Business Mailing Address 3555 Bayshore Drive, Naples, Florida 34113, filed a Site Improvement Plan application on or about July 21, 2016 for a project consisting of"a 6,000 SF bld. renovation for industrial manufacturing of beer and related uses, with site work." "Industrial manufacturing of beer",known as a brewery, is an industrial use falling under the SIC code of SIC 2082 (See, Exhibit"D"to the OI Application as hereinafter defined). The Brewing Company's Site Improvement Plan application is known as the Bayshore Brew Garden—PL20150002675 ("Site Improvement Application"). Additionally,on June 12,2017,the Brewing Company filed an application for a building permit under PRBD20170622946 to"convert existing commercial building to a brewery and lounge" (the "Building Permit Application"). As of the date hereof, the Building Permit Application has been rejected by Collier County, Florida, and we understand that all proceedings and work pertaining to the Building Permit Application have been stayed pursuant to Sec. 250-59, Laws of Fla. Ch. 67-1246, §17 (the Site Improvement Application and Building Permit Application are collectively referred to herein as the "Project"). The address and parcel numbers for the Project are 3555&3557 Bayshore Drive&Parcel Number: 618413200001 (the"Property"). We represent 3570 Bayshore Drive, LLC (the "3570 Bayshore Drive"), the owner of parcels of improved, commercial property, including valuable parking area, located in the C-4 zoned Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district("BMUD- NC) directly across the street from the Property owned by the Brewing Company. The Property has a Collier County,Florida Future Land Use Map("FLUM")Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. In fact, in the Urban Designation of the FLUM, Industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. See,for example, the Collier County Future Land Use Element, Future Land Use Designation Description Section, I. Urban Designation,b. 14. Consistent with the Comprehensive Plan, the Property has a zoning designation of General Commercial District(C-4)and is further located in the Bayshore Drive Mixed Use Overlay District — Neighborhood Commercial Sub-district ("BMUD-NC) as confirmed by the Collier County Zoning Map(See,Exhibit"C"as attached to the OI Application). The underlying C-4 zoning uses for the Property are listed in Section 2.03.07 D of the County's LDC, and the LDC incorporates numerical references,that are defined within the"Standard Industrial Classification(SIC)Manual — 1987", in identifying and listing allowable zoning uses. "Industrial manufacturing of beer", known as a brewery having SIC code 2082, is not listed as a principal, conditional or accessory use in either the General Commercial District (C-4) or the Bayshore Drive Mixed Use Overlay District—Neighborhood Commercial Sub-district ("BMUD- NC), and the Property is not and cannot be zoned industrial. See, Section 2.02.03 of the Collier County Land Development Code. Further, the purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities, not industrial activities permitted under industrial zoning. See, Section 2.03.03 of the Collier County Land Development Code. Although not disclosed by the Brewing Company in any of the Project documents provided to the County or its staff, 3570 Bayshore Drive has confirmed with the Brewing Company that they seek to manufacture beer on the Property for off-site distribution, sales and consumption, as well as on- site consumption. In view of the Project and the foregoing, 3570 Bayshore Drive filed an application for Official Interpretation ("OI Application") on March 24, 2017 seeking confirmation from the Director of the Collier County Planning and Zoning Department that: (i)"industrial manufacturing of beer and related uses with site work" is not a permitted use of the Property, and (ii) "industrial manufacturing of beer" is not a principal, accessory or conditional use that can occur on the Property. On August 10, 2017 and in response to the OI Application, a public Notice of Official Interpretation was issued("INTP-2017-PL-1233"). INTP-2017-PL-1233 gives the following opinions/interpretations (among others): (i) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not allowable as a principal or conditional use within either the underlying C-4 zoning district or the BMUD-NC overlay district; (ii) That the brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment(or in this instance beer garden). (iii) The beer produced within the Property will be for on-site consumption and incidental and subordinate to the primary use, drinking establishment, on the Property. a. The subordinate relationship is evidenced by the % of building square footage dedicated for drinking establishment use vs the brewery. b. The subordinate relationship is evidenced by a traffic analysis showing that the brewery would generate 6 percent of the total P.M. peak hour trips. c. The subordinate brewery use is directly related to the drinking establishment as the brewery is directly intertwined with the beer garden as a source of the establishment's main product of sale (beer). d. That a condition of approval, required for INTP-2017-PL-1233, is that "sales of onsite consumption must be maintained at a minimum percentage of 51 percent of total sales and that the establishment shall provide documentation of percentage of sales on an annual basis to the Growth Management Department." Appeal On September 6, 2017, 3570 Bayshore Drive filed an appeal of INTP-2017-1233. In connection with the same, 3570 Bayshore Drive requests that INTP-2017-1233 be modified and amended as necessary to confirm the following: (i) The Property has a Collier County, Florida Future Land Use Map ("FLUM") Element Designation of Urban, Mixed Use District, Urban Coastal Fringe Subdistrict and is further located in the Bayshore/Gateway Triangle Redevelopment Overlay. Allowable uses within the Urban, Mixed Use District, Urban Coastal Fringe Subdistrict designation of the Future Land Use Map and the Bayshore/Gateway Triangle Redevelopment Overlay do not include industrial manufacturing of beer or any other types of industrial uses whatsoever. Further, in the Urban Designation of the FLUM, industrial uses are only permitted in the Urban, Industrial District and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. (ii) Industrial manufacturing of beer, more typically known as a brewery (SIC code 2082) is an industrial use that is not permitted on the Property and is not permitted as a principal, conditional or accessory use on the Property. Alternatively, and in the event it is determined that a brewery or a microbrewery is allowed as an accessory use to the proposed drinking establishment, 3570 Bayshore Drive requests that INTP- 2017-1233 be modified and amended as necessary to confirm the following: (i) The beer produced or manufactured within the Property shall not be for off-site distribution, sales and consumption and shall be manufactured for on-site consumption only and incidental and subordinate to the drinking establishment use on the Property. a. That a condition of approval, required for INTP-2017-PL-1233 (as amended), is that"beer produced or manufactured on the Property shall: (i) not be for off- site distribution, sales and/or consumption, and (ii) be manufactured/used for on-site consumption only." An accessory use must be both incidental and subordinate to the principal use. See, Section 1.08.02 of the LDC. A brewery is not a permitted type of accessory use on the commercially zoned Property. Further,it is not incidental and subordinate to the drinking establishment.3570 Bayshore Drive disputes the percentage of building square footage dedicated for drinking establishment use vs the brewery as stated in INTP-2017-PL-1233. The intensity of this industrial/manufacturing use is fully incompatible with the commercial use C-4 zoning,even as an accessory and incidental use to any other permitted C-4 use. INTP-2017-PL-1233 establishes dangerous precedent that goes well beyond the Property in how it will be applied in the future. In a nutshell, the Brewing Company cannot improperly seek to re-classify a principal use as an accessory use to subvert and undermine Collier County's Comprehensive Plan and LDC. 1.06.01- Responsibility for Interpretations Ci, A. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the GMP and the boundaries of land use districts on the future land use map. B. The County Manager or designee shall have the authority to make all interpretations of the text of this LDC on matters related to the Building Code, building permit requirements, building construction administrative code or building permits. C. During the course of review of a development order or permit, as the case may be, should an applicant and staff be unable to concur on the application of a specific provision or provisions of this LDC, the County Manager or designee shall be authorized to make a final determination. D. Request for Official Interpretation. The County Manager or designee may render an official interpretation of any part of the LDC. The building official may render an official interpretation of any part of the Florida Building Code. 1. Generally.An official interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. 2. Procedure. The Administrative Code shall establish the procedure and submittal requirements for an official interpretation. 3. Request Criteria. Each request must identify the specific LDC or building code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than 3 issues or questions. It must not contain a single question with more than 3 sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. 4. Notice. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10,03.06 P. 5. Effective time limits of an interpretation. a. An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the a pplicable provision or provisions ,which warranted the interpretation. or un-tif suc�`time as the interpretation is adopted, Lmodified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1, above. From the time the interpretation is renders antitl e time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. b. An interpretation rendered by the building official shall remain in effect as provided for in the Florida Building Code. 6. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. a. Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of the official interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the Building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to the Board of Zoning Appeals for all other matters in the LDC. For the purposes of this section, Page 1 an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the official interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, LDC, or building code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. b. A fee for the application and processing of an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant. c. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is plicable.!Th-etoard of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichevejj, pplicable,_with or witho . podifications or conditions, or reject 7 t their interpretation The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County t Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official x interpretation is contrary to the Growth Management Plan, the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable' d. Time limitations on appeals. Any appeal that has not been acted upon by the applicant within 6 months of the applicant filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subject to the then current LDC. (Ord. No. 13-56, § 3.A) Page 2 The following provisions relate to the type of hearing (de novo v. review of record) of an administrative appeal and appeal of an official interpretation: APPEAL TO THE HEARING EXAMINER AS THE BZA IS DE NOVO: Per LDC Section 10.0.07, Procedures for Review and Approval of Type III Applications: "For specific procedures pertaining to each application, please see Illustration 10.04.04 A. and the various sections in this chapter pertaining to that application." LDC 10.04.04.A Illustration (in part) PREPARATION OF WRITTEN STAFF REPORT AND RECOMMENDATIONS V APPEALS VESTED RIGHTS OF ADMINISTRATIVE DETERMINATION DECISION OR INTERPRETATION HEARING BY HEARING OFFICER HEARINGS BY BZA � I APPROVE DENY AFFIRM DENY DECISION l � CONTINUE PROCESSING ORIGINAL APPLICATION Ordinance No. 2013-25: Section 5: All type III appeals...as set forth in LDC Section 10.04.04 shall be heard by the hearing examiner... Administrative Code: The hearing examiner shall hold at least one public hearing. See Chapter 9 for hearing examiner procedures. The hearing is de novo per the provisions in the administrative code which contain 4 pages of procedure. LDC Section 1.06.01.D.6.c. regarding appeals of the official interpretation provides: The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the County Manager or designee or building official, whichever is applicable, and public testimony in light of the growth management plan,the future land use map, the LDC or the official zoning atlas, or building code related matters, whichever is applicable.The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County Manager or designee's or building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject their interpretation. The Board of Zoning Appeals or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County Manager or designee's or building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the official interpretation is contrary to the Growth Management Plan,the future land use map, the LDC or the official zoning atlas, or building code, whichever is applicable. Sec. 250-58. -Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof.The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the administrative action from which an appeal is taken. (b) Due public notice of the hearing on the administrative appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1) Special Act: Section 14: "the BZA or the governing body acting as the BZA in the event it so elects, shall have the following powers and duties. (a)To hear and decide administrative appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act." Special Act: Section 31: "The method and procedures for implementing a county hearing examiner program shall be as set forth by county ordinance." APPEALS OF THE HEX DECISION TO THE BCC: admin code is de novo or review of the record at option of the BCC, but HEX ordinance says de novo Chapter 9 of the Administrative Code: Public Hearing— 1. Within 30 days after the Hearing Examiner's written determination has been Appeal of the rendered,either the County or the landowner may appeal the determination Decision by the to the Board of County Commissioners.Any additional fee for a landowner- Hearing Examiner initiated appeal must accompany the appeal. At the public hearing,the Board of County Commissioners will review the record created by the Hearing Examiner's proceedings, but the Board may by majority vote accept evidence not presented to the Hearing Examiner. 2. The Board of County Commissioners may: • Affirm the Hearing Examiner's determination,with or without modifications or conditions;or • Reject the Hearing Examiner's determination, except that the Board may not modify the determination or impose conditions,or reject the Hearing Examiner's determination unless the Board expressly finds that one or more of the Hearing Examiner's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record,or that the Hearing Examiner's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. Sec. 2-88. of the Code of Laws and Ordinances- Decisions and appeals from decisions of the Hearing Examiner. All decisions of the Hearing Examiner arising from Section 2-87 [note this includes Type III appeals] will be delivered or mailed by the Hearing Examiner to all parties of record, the County Attorney, and the County Manager. Any party, including the County, may appeal the decision to the Board of Zoning Appeals or the Board of County Commissioners, as the case may be, within the time frame and in the manner provided by the Rules of Procedure. Failing a timely appeal, the decision of the Hearing Examiner will be considered final in all respects. Appeals shall be heard de novo by the reviewing Board in the manner proscribed in the LDC. In reaching its decision, the reviewing Board may adopt or deny, in whole or in part, the decision of the Hearing Examiner. (Ord. No. 2013-25, § 6) 2.03.07.I.3.b. Property owners within the BMUD may establish uses, densities and intensities in accordance with the LDC regulations of the underlying zoning classification, or may elect to develop/redevelop under the provisions of the applicable BMUD Subdistrict. In either instance, the BMUD site development standards as provided for in section 4.02.16 shall apply. • 2.03.07.I.4.b. Use Categories and Table of Uses. i. All uses permitted in the BMUD subdistricts have been divided into 9 general categories, which are summarized below: a) Residential: Premises available for long-term human habitation by means of ownership and rental, but excluding short-term leasing or rental of less than one month's duration. b) Lodging: Premises available for short-term human habitation, including daily and weekly rental. c) Office and Service: Premises available for the transaction of general business and the provision of services, but excluding retail sales and manufacturing, except as a minority component. d) Retail and Restaurant : Premises available for the commercial sale of merchandise, prepared foods, and food and drink consumption, but excluding manufacturing. e) Entertainment and Recreation: Premises for the gathering of people for purposes such as arts and culture, amusement, and recreation. f) Manufacturing, Wholesale and Storage: Premises available for the creation, assemblage, storage, and repair of items including their wholesale or retail sale. g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) .Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services . 3) Cultural or Community Facility P P l 4)Theater, Live Performance P P 5)Theater, Movie CU CU 6) Recreation Facility, Indoor P P 7) Recreation Facility, Outdoor CU CU 8)Amusements, Indoor P P 9)Amusements, Outdoor CU CU I I 10) Community Garden PP PP P P 4.02.16 C.S. 1 1 i 1 f)MANUFACTURING/WHOLESALE/STORAGE 1) Laboratory- Medical, analytical, research 2) Laundries and Dry Cleaning P 3) Media Production P 4) Metal Products Fabrication P 5) Mini-Warehouses 6) Repair Shops P P 7) Research and Development P P 8) Storage -Outdoor A 4.02.16 C.9. 9) Storage- Warehouse g) CIVIC INSTITUTIONAL 1) College/University P P morommummiiiimmiiimmw Nat. 2) Educational Plant PPPP P P 3) Hospital 4) Membership Organizations P P 5) Public Safety Facility CU CU 6) Religious Institution CU CU CU CU CU CU 7) Schools- Elementary and Secondary 8) Schools-Vocational and Technical h)INFRASTRUCTURE 1)Automobile Parking Facilities CU 2) Boat Launch A 3) Essential Services PPPP P P 4) Marinas and Boatyards P P 4.02.16 C.7. 5)Transit Station 6) Wireless Telecommunication Facility Note: The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as 13) Rental Services- Equipment/Vehicles P P 14)Studio -Art, Dance, Martial Arts, Music P P 15) Studio- Motion Picture CU 16)Vehicle Services- Maintenance/Repair 17)Veterinarians Office P P 18)Video Rental P P d)RETAIL/RESTAURANTS 1)Auto Parts Sales 2) Bars/Tavern/Night Club P P 3) Drive Thru Retail/Restaurant 4) Gas Station with Convenience Store P P 5.05.05 5) Neighborhood Retail -<2,000 sf P P 6) General Retail -<15,000 sf P P 7) General Retail - >15,000 sf CU CU 8) Restaurant P P 9) Shopping Center CU CU 10)Vehicle/Boat/Heavy Equipment Sales CU 4.02.16 C.7. eJ ENTERTAINMENT/RECREATION 1) Gallery/ Museum P P 2) Meeting Facility P P zoning 7) Home Occupations A A A A A A 5.02.03 8) Live-Work Units CU P P 4.02.16 C.6. 9)Artist Village CU CU CU P P 4.02.16 C.3. b)LODGING 1) Bed & Breakfast Facilities CU CU CU 4.02.16 C.4. 2) Hotels and Motels P P c)OFFICE/SERVICE 1) Banks, Credit Unions, Financial Services , P 2) Business Support Services P P 3) Child Care Services CU CU CU CU CU I � 1 4) Community Service Organization P P 5) Drive Thru Service (banks) 6) Government Services P P 7) Family Care Facility/Nursing Home P P 8) Medical Services- Doctor Office P P 9) Medical Services-Outpatient/Urgent Care 10) Personal Care Services P P 11) Post Office P P 12) Professional Office or Service P P g) Civic and Institutional: Premises available for organizations dedicated to religion, education, government, social service, and other similar functions. h) Infrastructure: Uses and structures dedicated to transportation, communication, information, and utilities, including Essential Services . ii. Interpretation of the Table of Uses. a) The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. b) Any use not listed in the Table of Uses is prohibited unless the County Manager or designee may determine that it falls within the same class as a listed use through the process outlined in LDC section 1.06.00, Rules of Interpretation. c) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD-NC and BMUD-W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning or in accordance with the Overlay Subdistrict. However, all projects must comply with site development standards as provided in section 4.02.16. iii. Table of Uses. Table 1. Table of Uses for the Bayshore Mixed Use District Subdistricts BMUD SUBDISTRICTS MIXED USE TYPE RESIDENTIAL USE ADDITIONAL STANDARDS R1 R2 R3 R4 , NC W a)RESIDENTIAL 1) Dwelling, Single-Family P P PP P iii 2) Dwelling, Duplex P ( P P 3) Dwelling,Two-Family P P P P P 4) Dwelling, Rowhouse P P P P P 5) Dwelling, Multi-Family (3 or more) P P P P P 6) Dwelling, Mobile Home P* *If allowed by underlying SIC Code Lookup - reasearch and development Page 2 of 25 likeashark.com X?, vp " d � � *AV E 414400 Vern BUILD WERT wE.A 8 R OSS From Kevin O'Leary of TV's Shark Tank. BUILD WEALTH LIKE A Boss Get Tickets E FREE DINNER EVENT Naples NOV. 15 SIC Directory The SIC Directory contains a database of all the Standard Industrial Classification codes. Use the search box or simply click on any category below. reasearch and developm Search SIC CODES • 3199Leather Goods,Not Elsewhere Classified • 3821 Laboratory Apparatus and Furniture • 5261 Retail Nurseries, Lawn and Garden Supply Stores • 7373 Computer Integrated. Systems Design • 01-09 Agriculture, Forestry,Fishing • 32 Stone. Clay, Glass, and Concrete Products • 3822 Automatic Controls for Regulating Residential and Commercial Environments and Appliances https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 3 of 25 • 7374 Computer Processing and Data Preparation and Processing Services • 10-14 Mining • 213 Chewing and Smoking Tobacco and Snuff • 3823 Industrial Instruments for Measurement, Display, and Control of Process Variables; and Related Products • 5271 Mobile Home Dealers • 7375 Information Retrieval Services • 15-17 Construction • 2131 Chewing and Smoking Tobacco and Snuff • 3211 Flat Glass • 3824 Totalizing Fluid Meters and Counting Devices • 53 General Merchandise Stores • 7376 Computer Facilities Management Services • 20-39 Manufacturing • 214 Tobacco Stemming and Redrying • 322 Glass and Glassware,Pressed or Blown • 3825 Instruments for Measuring and Testing of Electricity and Electrical Signals • 7377 Computer Rental and Leasing • 40-49 Transportation& Public Utilities • 2141 Tobacco Stemming and Redrying • 3221 Glass Containers • 3826 Laboratory Analytical Instruments • 5311 Department Stores • 7378 Computer Maintenance and Repair • 50-51 Wholesale Trade • 22 Textile Mill Products • 3229 Pressed and Blown Glass and Glassware,Not Elsewhere Classified • 3827 Optical Instruments and Lenses • 7379 Computer Related Services,not elsewhere classified • 52-59 Retail Trade • 3829 Measuring and Controlling Devices, not elsewhere classified • 5331 Variety Stores • 60-67 Finance, Insurance, Real Estate • 2211 Broadwoven Fabric Mills, Cotton • 3231 Glass Products, Made of Purchased Glass • 384 Surgical, Medical, and Dental Instruments and Supplies • 539 Miscellaneous General Merchandise Stores • 7381 Detective, Guard, and Armored Car Services • 70-89 Services • 222 Broadwoven Fabric Mills, Manmade Fiber and Silk • 3841 Surgical and Medical Instruments and Apparatus • 5399 Miscellaneous General Merchandise Stores • 7382 Security Systems Services • 91-99 Public Administration • 2221 Broadwoven Fabric Mills, Manmade Fiber and Silk • 3241 Cement, Hydraulic • 3842 Orthopedic, Prosthetic, and Surgical Appliances and Supplies • 54 Food Stores • 7383 News Syndicates • 01 Agricultural Production - Crops • 223 Broadwoven Fabric Mills, Wool (including Dyeing and Finishing) • 3843 Dental Equipment and Supplies • 7384 Photofinishing Laboratories • 2231 Broadwoven Fabric Mills,Wool (including Dyeing and Finishing) https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 4 of 25 • 3251 Brick and Structural Clay Tile • 3844 X-ray Apparatus and Tubes and Related Irradiation Apparatus • 5411 Grocery Stores • 7389 Business Services,Not Elsewhere Classified • 224 Narrow Fabric and other Smallwares Mills, Cotton, Wool, Silk, and Manmade Fiber • 3253 Ceramic Wall and Floor Tile • 3845 Electromedical and Electrotherapeutic Apparatus • 542 Meat and Fish (Seafood) Markets, including Freezer Provisioners • 75 Automotive Repair, Services, and Parking • 2241 Narrow Fabric and other Smallwares Mills: Cotton, Wool, Silk, and Manmade Fiber • 3255 Clay Refractories • 5421 Meat and Fish(Seafood) Markets, including Freezer Provisioners • 751 Automotive Rental and Leasing, without Drivers • 3259 Structural Clay Products,Not Elsewhere Classified • 3851 Ophthalmic Goods • 543 Fruit Stores and Vegetable Markets • 7513 Truck Rental and Leasing without Drivers • 2251 Women's Full-Length and Knee-Length Hosiery, except Socks • 326 Pottery and Related Products • 386 Photographic Equipment and Supplies • 5431 Fruit and Vegetable Markets • 0119 Cash Grains,Not elsewhere classified • 2252 Hosiery,Not Elsewhere Classified • 3261 Vitreous China Plumbing Fixtures and China and.Earthenware Fittings and Bathroom Accessories • 3861 Photographic Equipment and Supplies • 544 Candy,Nut, and Confectionery Stores • 2253 Knit Outerwear Mills • 3262 Vitreous China Table and Kitchen Articles • 387 Watches,Clocks, Clockwork Operated Devices,and Parts • 5441 Candy,Nut, and Confectionery Stores • 7519 Utility Trailer and Recreational Vehicle Rental • 0131 Cotton • 2254 Knit Underwear and Nightwear Mills • 3263 Fine Earthenware(Whiteware) Table and Kitchen Articles • 3873 Watches, Clocks, Clockwork Operated Devices, and Parts • 2257 Weft Knit Fabric Mills • 3264 Porcelain Electrical Supplies • 39 Miscellaneous Manufacturing Industries • 5451 Dairy Products Stores • 0133 Sugarcane and Sugar Beets • 2258 Lace and Warp Knit Fabric Mills • 3269 Pottery Products,Not Elsewhere Classified • 391 Jewelry, Silverware, and Plated Ware • 2259 Knitting Mills,Not Elsewhere Classified • 327 Concrete, Gypsum, and Plaster Products • 3911 Jewelry, Precious Metal • 5461 Retail Bakeries • 7532 Top, Body, and Upholstery Repair Shops and Paint Shops • 226 Dyeing and Finishing Textiles, except Wool Fabrics • 3271 Concrete Block and Brick • 3914 Silverware,Plated Ware, and Stainless Steel Ware • 7533 Automotive Exhaust System Repair Shops • 016 Vegetables and Melons • 2261 Finishers of Broadwoven Fabrics of Cotton https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 5 of 25 • 3272 Concrete Products,except Block and Brick • 3915 Jewelers' Findings and Materials, and Lapidary Work • 5499 Miscellaneous Food Stores • 7534 Tire Retreading and Repair Shops • 0161 Vegetables and Melons • 2262 Finishers of Broadwoven Fabrics of Manmade Fiber and Silk • 3273 Ready-Mixed Concrete • 55 Automotive Dealers and Gasoline Service Stations • 7536 Automotive Glass Replacement Shops • 017 Fruits and Tree Nuts • 2269 Finishers of Textiles,Not Elsewhere Classified • 3274 Lime • 3931 Musical Instruments • 551 Motor Vehicle Dealers(New and Used) • 7537 Automotive Transmission Repair Shops • 0171 Berry Crops • 227 Carpets and Rugs • 3275 Gypsum Products • 394 Dolls,Toys, Games and Sporting and Athletic • 5511 Motor Vehicle Dealers (New and Used) • 7538 General Automotive Repair Shops • 2273 Carpets and Rugs • 328 Cut Stone and Stone Products • 3942 Dolls and Stuffed Toys • 7539 Automotive Repair Shops, not elsewhere classified • 0173 Tree Nuts • 228 Yarn and Thread Mills • 3281 Cut Stone and Stone Products • 3944 Games, Toys, and Children's Vehicles. except Dolls and Bicycles • 5521 Motor Vehicle Dealers(Used Only) • 0174 Citrus Fruits • 2281 Yarn Spinning Mills • 329 Abrasive, Asbestos, and Miscellaneous • 3949 Sporting and Athletic Goods, not elsewhere classified • 553 Auto and Home Supply Stores • 7542 Car Washes • 0175 Deciduous Tree Fruits • 2282 Yarn Texturizing, Throwing, Twisting,and. Winding Mills • 3291 Abrasive Products • 395 Pens. Pencils, and other Artists Materials • 5531 Auto and Home Supply Stores • 7549 Automotive Services, except Repair and Carwashes • 0179 Fruits and Tree Nuts, Not Elsewhere Classified • 2284 Thread Mills • 3292 Asbestos Products • 3951 Pens, Mechanical Pencils, and Parts • 3295 Minerals and Earths, Ground or Otherwise Treated • 3952 Lead Pencils, Crayons, and Artists'Materials • 5541 Gasoline Service Stations • 0181 Ornamental Floriculture and Nursery Products • 2295 Coated Fabrics, not Rubberized • 3296 Mineral Wool • 3953 Marking Devices • 7622 Radio and Television Repair Shops https://siccode.com/en/siccode/list/directory/search keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 6 of 25 • 0182 Food Crops Grown Under Cover • 2296 Tire Cord and Fabrics • 3297 Nonclay Refractories • 3955 Carbon Paper and Inked Ribbons • 5551 Boat Dealers • 7623 Refrigeration and Air-conditioning Service and Repair Shops • 2297 Non-Woven Fabrics • 3299 Nonmetallic Mineral Products,Not Elsewhere Classified • 396 Costume Jewelry, Costume Novelties,Buttons, and Miscellaneous Notions,except Precious Metal • 7629 Electrical and Electronic Repair Shops, not elsewhere classified • 2298 Cordage and Twine • 33 Primary Metal Industries • 3961 Costume Jewelry and Costume Novelties, except Precious Metal • 5561 Recreation Vehicle Dealers • 763 Watch, Clock, and Jewelry Repair • 02 Agricultural Production-Livestock • 2299 Textile Goods,Not Elsewhere Classified • 331 Steel Works,Blast Furnaces, and Rolling and Finishing Mills • 3965 Fasteners, Buttons,Needles, and Pins • 7631 Watch, Clock, and Jewelry Repair • 23 Apparel and other Finished Products Made from Fabrics and Similar Materials • 3312 Steel Works, Blast Furnaces (including Coke Ovens), and Rolling Mills • 5571 Motorcycle Dealers • 764 Reupholstery and Furniture Repair • 231 Men's and Boys' Suits, Coats, and Overcoats • 3313 Electrometallurgical Products, except Steel • 3991 Brooms and Brushes • 7641 Reupholstery and Furniture Repair • 2311 Men's and Boys' Suits, Coats, and Overcoats • 3315 Steel Wiredrawing and Steel Nails and Spikes • 3993 Signs and Advertising Specialties • 5599 Automotive Dealers, not elsewhere classified • 769 Miscellaneous Repair Shops and Related Services • 232 Men's and Boys' Furnishings, Work Clothing. and Allied Garments • 3316 Cold-rolled Steel Sheet, Strip, and Bars • 3995 Burial Caskets • 56 Apparel and Accessory Stores • 0214 Sheep and Goats • 2321 Men's and Boys' Shirts,except Work Shirts • 3317 Steel Pipe and Tubes • 3996 Linoleum, Asphalted-Felt-Base, and other Hard Surface Floor Coverings,not elsewhere classified • 561 Men's and Boys' Clothing and Accessory Stores • 7694 Armature Rewinding Shops • 0219 General Livestock, except Dairy and Poultry • 2322 Men's and Boys' Underwear and Nightwear • 332 Iron and Steel Foundries • 3999 Manufacturing Industries,Not Elsewhere Classified • 5611 Men's and Boys' Clothing and Accessory Stores • 7699 Repair Shops and Related Services,not elsewhere classified • 2323 Men's and Boys'Neckwear • 3321 Gray and Ductile Iron Foundries • 40 Railroad Transportation • 78 Motion Pictures • 0241 Dairy Farms https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 7 of 25 • 2325 Men's and Boys' Separate Trousers and Slacks • 5621 Women's Clothing Stores • 781 Motion Picture Production and Allied Services • 025 Poultry and Eggs • 2326 Men's and Boys' Work Clothing • 4011 Railroads, Line-Haul Operating • 563 Women's Accessory and Specialty Stores • 7812 Motion Picture and Video Tape Production • 0251 Broiler. Fryer, and Roaster Chickens • 2329 Men's and Boys' Clothing,Not Elsewhere Classified • 4013 Railroad Switching and Terminal Establishments • 5632 Women's Accessory and Specialty Stores • 7819 Services Allied to Motion Picture Production • 0252 Chicken Eggs • 233 Women's, Misses', and Juniors' Outerwear • 333 Primary Smelting and Refining of Nonferrous • 41 Local and Suburban Transit and Interurban Highway Passenger Transportation • 564 Children's and Infants' Wear Stores • 782 Motion Picture Distribution and Allied Services • 0253 Turkeys and Turkey Eggs • 2331 Women's, Misses',and Juniors' Blouses and Shirts • 3331 Primary Smelting and Refining of Copper • 411 Local and Suburban Passenger Transportation • 5641 Children's and Infants' Wear Stores • 7822 Motion Picture and Video Tape Distribution • 2335 Women's, Misses', and Juniors' Dresses • 3334 Primary Production of Aluminum • 4111 Local and Suburban Transit • 7829 Services Allied to Motion Picture Distribution • 0259 Poultry and Eggs,Not Elsewhere Classified • 2337 Women's. Misses', and Juniors' Suits, Skirts, and Coats • 3339 Primary Smelting and Refining of Nonferrous Metals,except Copper and Aluminum • 4119 Local Passenger Transportation, not elsewhere classified • 5651 Family Clothing Stores • 2339 Women's, Misses', and Juniors' Outerwear,Not Elsewhere Classified • 334 Secondary Smelting and Refining of Nonferrous • 0271 Fur-Bearing Animals and Rabbits • 234 Women's, Misses', Children's, and Infants' Underwear and Nightwear • 3341 Secondary Smelting and Refining of Nonferrous Metals • 4121 Taxicabs • 5661 Shoe Stores • 0272 Horses and Other Equines • 2341 Women's, Misses', Children's, and Infants' Underwear and Nightwear • 335 Rolling, Drawing, and Extruding of Nonferrous • 413 Intercity and Rural Bus Transportation • 569 Miscellaneous Apparel and Accessory Stores • 0273 Animal Aquaculture • 2342 Brassieres, Girdles, and Allied Garments • 3351 Rolling,Drawing. and Extruding of Copper • 4131 Intercity and Rural Bus Transportation • 5699 Miscellaneous Apparel and Accessory Stores • 7841 Video Tape Rental • 0279 Animal Specialties,Not Elsewhere Classified • 235 Hats. Caps, and Millinery https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 8 of 25 • 3353 Aluminum Sheet, Plate and Foil • 57 Home Furniture,Furnishings, and Equipment Stores • 79 Amusement and Recreation Services • 2353 Hats, Caps, and Millinery • 3354 Aluminum Extruded Products • 4141 Local Bus Charter Service • 571 Home Furniture and Furnishings Stores • 791 Dance Studios, Schools, and Halls • 0291 General Farms, Primarily Livestock • 236 Girls', Children's, and Infants' Outerwear • 3355 Aluminum Rolling and Drawing, not elsewhere classified • 4142 Bus Charter Service, except Local • 5712 Furniture Stores • 7911 Dance Studios, Schools, and Halls • 07 Agricultural Services • 2361 Girls', Children's, and Infants' Dresses, Blouses, and Shirts • 3356 Rolling,Drawing, and Extruding of Nonferrous Metals, except Copper and Aluminum • 2369 Girls',Children's, and Infants' Outerwear,Not Elsewhere Classified • 3357 Drawing and Insulating of Nonferrous Wire • 4151 School Buses • 5714 Drapery, Curtain, and Upholstery Stores • 7922 Theatrical Producers (except Motion Picture) and Miscellaneous Theatrical Services • 0711 Soil Preparation Services • 417 Terminal and Service Facilities for Motor Vehicle • 5719 Miscellaneous Home Furnishings Stores • 7929 Bands, Orchestras, Actors, and other Entertainers and Entertainment Groups • 2371 Fur Goods • 4173 Terminal and Service Facilities for Motor Vehicle Passenger Transportation • 0721 Crop Planting and Protection • 238 Miscellaneous Apparel and Accessories • 42 Motor Freight Transportation and Warehousing • 5722 Household Appliance Stores • 7933 Bowling Centers • 0722 Crop Harvesting.Primarily by Machine • 2381 Dress and Work Gloves, except Knit and All-Leather • 3365 Aluminum Foundries • 421 Trucking and Courier Services, except Air • 573 Radio. Television, Consumer Electronics, and Music Stores • 0723 Crop Preparation Services for Market, except Cotton Ginning • 2384 Robes and Dressing Gowns • 3366 Copper Foundries • 4212 Local Trucking without Storage • 5731 Radio, Television, and Consumer Electronics Stores • 7941 Professional Sports Clubs and Promoters • 2385 Waterproof Outerwear • 3369 Nonferrous Foundries, except Aluminum and Copper • 4213 Trucking, except Local • 5734 Computer and Computer Software Stores • 7948 Racing, including Track Operation • 2386 Leather and Sheep-Lined Clothing • 4214 Local Trucking with Storage • 5735 Record and Prerecorded Tape Stores • 799 Miscellaneous Amusement and Recreation • 0741 Veterinary Services for Livestock https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 9 of 25 • 4215 Courier Services, except by Air • 5736 Musical Instrument Stores • 7991 Physical Fitness Facilities • 0742 Veterinary Services for Animal Specialties • 2389 Apparel and Accessories,Not Elsewhere Classified • 3399 Primary Metal Products,Not Elsewhere Classified • 422 Public Warehousing and Storage • 58 Eating and Drinking Places • 34 Fabricated Metal Products, except Machinery and Transportation Equipment • 4221 Farm Product Warehousing and Storage • 581 Eating and Drinking Places • 7993 Coin-Operated Amusement Devices • 0751 Livestock Services,except Veterinary • 2391 Curtains and Draperies • 341 Metal Cans and Shipping Containers • 4222 Refrigerated Warehousing and Storage • 5812 Eating Places • 7996 Amusement Parks • 0752 Animal Specialty Services, except Veterinary • 2392 House Furnishing, except Curtains and Draperies • 3411 Metal Cans • 4225 General Warehousing and Storage • 5813 Drinking Places (Alcoholic Beverages) • 7997 Membership Sports and Recreation Clubs • 076 Farm Labor and Management Services • 2393 Textile Bags • 3412 Metal Shipping Barrels, Drums,Kegs, and Pails • 4226 Special Warehousing and Storage, not elsewhere classified • 59 Miscellaneous Retail • 7999 Amusement and Recreation Services,not elsewhere classified • 0761 Farm Labor Contractors and Crew Leaders • 2394 Canvas and Related Products • 342 Cutlery, Hand Tools, and General Hardware • 423 Terminal and Joint Terminal Maintenance • 591 Drug Stores and Proprietary Stores • 80 Health Services • 0762 Farm Management Services • 2395 Pleating, Decorative and Novelty Stitching, and Tucking for the Trade • 3421 Cutlery • 4231 Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation • 5912 Drug, Stores and Proprietary Stores • 801 Offices and Clinics of Doctors of Medicine • 078 Landscape and I lorticultural Services • 2396 Automotive Trimmings, Apparel Findings, and Related Products • 3423 Hand and Edge Tools, except Machine Tools and Handsaws • 8011 Offices and Clinics of Doctors of Medicine • 0781 Landscape Counseling and Planning • 3425 Saw Blades and Handsaws • 5921 Liquor Stores • 802 Offices and Clinics of Dentists • 0782 Lawn and Garden Services • 2399 Fabricated Textile Products,Not Elsewhere Classified • 3429 Hardware.Not Elsewhere Classified • 593 Used Merchandise Stores https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 10 of 25 • 8021 Offices and Clinics of Dentists • 0783 Ornamental Shrub and Tree Services • 24 Lumber and Wood Products, except Furniture • 343 Heating Equipment, except Electric and Warm Air; and Plumbing Fixtures • 44 Water Transportation • 5932 Used Merchandise Stores • 803 Offices and Clinics of Doctors of Osteopathy • 08 Forestry • 3431 Enameled Iron and Metal Sanitary Ware • 8031 Offices and Clinics of Doctors of Osteopathy • 2411 Logging • 3432 Plumbing Fixture Fittings and Trim • 4412 Deep Sea Foreign Transportation of Freight • 5941 Sporting Goods Stores and Bicycle Shops • 804 Offices and Clinics of other Health Practitioners • 0811 Timber Tracts • 242 Sawmills and Planing Mills • 3433 Heating Equipment, except Electric and Warm Air Furnaces • 5942 Book Stores • 8041 Offices and Clinics of Chiropractors • 0831 Forest Nurseries and Gathering of Forest Products • 2421 Sawmills and Planing Mills, General • 4424 Deep Sea Domestic Transportation of Freight • 5943 Stationery Stores • 8042 Offices and Clinics of Optometrists • 2426 Hardwood Dimension and Flooring Mills • 3441 Fabricated Structural Metal • 5944 Jewelry Stores • 8043 Offices and Clinics of Podiatrists • 0851 Forestry Services • 2429 Special Product Sawmills,Not Elsewhere Classified • 3442 Metal Doors, Sash,Frames, Molding, and Trim Manufacturing • 4432 Freight Transportation on the Great Lakes-St. Lawrence Seaway • 5945 Hobby,Toy. and Game Shops • 8049 Offices and Clinics of Health Practitioners,not elsewhere classified • 09 Fishing,Hunting and Trapping • 243 Millwork,Veneer, Plywood, and Structural Wood • 3443 Fabricated Plate Work(Boiler Shops) • 5946 Camera and Photographic Supply Stores • 805 Nursing and Personal Care Facilities • 2431 Millwork • 3444 Sheet Metal Work • 4449 Water Transportation of Freight,not elsewhere classified • 5947 Gift,Novelty, and Souvenir Shops • 8051 Skilled Nursing Care Facilities • 2434 Wood Kitchen Cabinets • 3446 Architectural and Ornamental Metal Work • 5948 Luggage and Leather Goods Stores • 8052 Intermediate Care Facilities • 2435 Hardwood.Veneer and Plywood • 3448 Prefabricated Metal Buildings and Components • 5949 Sewing, Needlework, and Piece Goods Stores • 8059 Nursing and Personal Care Facilities, not elsewhere classified • 0919 Miscellaneous Marine Products https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 11 of 25 • 2436 Softwood Veneer and Plywood • 3449 Miscellaneous Structural Metal Work • 4482 Ferries • 092 Fish Hatcheries and Preserves • 2439 Structural Wood Members,Not Elsewhere Classified • 345 Screw Machine Products, and Bolts,Nuts, Screws, Rivets, and Washers • 4489 Water Transportation of Passengers, not elsewhere classified • 5961 Catalog and Mail-Order Houses • 8062 General Medical and Surgical Hospitals • 0921 Fish Hatcheries and Preserves • 3451 Screw Machine Products • 5962 Automatic Merchandising Machine Operators • 8063 Psychiatric Hospitals • 2441 Nailed and Lock Corner Wood Boxes and Shook • 3452 Bolts,Nuts, Screws, Rivets, and Washers • 4491 Marine Cargo Handling • 5963 Direct Selling Establishments • 8069 Specialty Hospitals, except Psychiatric • 0971 Hunting, Trapping, Game Propagation • 2448 Wood Pallets and Skids • 346 Metal Forgings and Stampings • 4492 Towing and Tugboat Services • 807 Medical and Dental Laboratories • 10 Metal Mining • 2449 Wood Containers,Not Elsewhere Classified • 3462 Iron and Steel Forgings • 4493 Marinas • 245 Wood Buildings and Mobile Homes • 3463 Nonferrous Forgings • 4499 Water Transportation Services, not elsewhere classified • 8072 Dental Laboratories • 1011 Iron Ores • 2451 Mobile Homes • 3465 Automotive Stampings • 45 Transportation by Air • 2452 Prefabricated Wood Buildings and Components • 3466 Crowns and Closures • 451 Air Transportation, Scheduled, and Air Courier • 1021 Copper Ores • 3469 Metal Stampings,Not Elsewhere Classified • 4512 Air Transportation, Scheduled • 5992 Florists • 809 Miscellaneous Health and Allied Services,not elsewhere classified • 103 Lead and Zinc Ores • 2491 Wood Preserving • 347 Coating, Engraving, and Allied Services • 4513 Air Courier Services • 5993 Tobacco Stores and Stands • 1031 Lead and Zinc Ores • 2493 Reconstituted Wood Products • 3471 Electroplating, Plating, Polishing, Anodizing, and Coloring • 5994 News Dealers and Newsstands • 8093 Specialty Outpatient Facilities, not elsewhere classified • 104 Gold and Silver Ores https://siccode.com/en/siccode/list/directory/search keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 12 of 25 • 2499 Wood Products.Not Elsewhere Classified • 3479 Coating,Engraving, and Allied Services,Not Elsewhere Classified • 4522 Air Transportation,Nonscheduled • 5995 Optical Goods Stores • 8099 Health and Allied Services,not elsewhere classified • 1041 Gold Ores • 25 Furniture and Fixtures • 348 Ordnance and Accessories, except Vehicles and Guided Missiles • 458 Airports,Flying Fields, and Airport Terminal • 5999 Miscellaneous Retail Stores,Not Elsewhere Classified • 81 Legal Services • 3482 Small Arms Ammunition • 4581 Airports, Flying Fields, and Airport Terminal Services • 2511 Wood Household Furniture, except Upholstered • 3483 Ammunition, Except for Small Arms • 46 Pipelines, except Natural Gas • 8111 Legal Services • 3484 Small Arms • 6011 Federal Reserve Banks • 82 Educational Services • 2514 Metal Household Furniture • 3489 Ordnance and Accessories,Not Elsewhere Classified • 6019 Central Reserve Depository Institutions, not elsewhere classified • 821 Elementary and Secondary Schools • 1081 Metal Mining Services • 2515 Mattresses, Foundations, and Convertible Beds • 4613 Refined Petroleum Pipelines • 8211 Elementary and Secondary Schools • 2517 Wood Television, Radio, Phonograph. and Sewing Machine Cabinets • 3491 Industrial Valves • 4619 Pipelines, not elsewhere classified • 6021 National Commercial Banks • 822 Colleges, Universities, Professional Schools, Junior Colleges, and Technical Institutes • 2519 Household Furniture,Not Elsewhere Classified • 3492 Fluid Power Valves and Hose Fittings • 47 Transportation Services • 6022 State Commercial Banks • 8221 Colleges,Universities, and Professional Schools • 3493 Steel Springs. Except Wire • 8222 Junior Colleges and Technical Institutes • 12 Bituminous Coal and Lignite Mining • 2521 Wood Office Furniture • 3494 Valves and Pipe Fittings,Not Elsewhere Classified • 4724 Travel Agencies • 122 Bituminous Coal and Lignite Mining • 2522 Office Furniture,except Wood • 4725 Tour Operators • 6035 Savings Institutions, Federally Chartered • 8231 Libraries • 1221 Bituminous Coal and Lignite Surface Mining • 253 Public Building and Related Furniture • 3496 Miscellaneous Fabricated Wire Products • 4729 Arrangement of Passenger Transportation, not elsewhere classified • 6036 Savings Institutions.Not Federally Chartered haps://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/20 1 7 SIC Code Lookup - reasearch and development Page 13 of 25 • 2531 Public Building and Related Furniture • 3497 Metal Foil and Leaf • 473 Arrangement of Transportation of Freight and Cargo • 8243 Data Processing Schools • 254 Partitions, Shelving, Lockers, and Office and Store Fixtures • 3498 Fabricated Pipe and Pipe Fittings • 4731 Arrangement of Transportation of Freight and Cargo • 6061 Credit Unions, Federally Chartered • 8244 Business and Secretarial Schools • 2541 Wood Office and Store Fixtures, Partitions, Shelving, and Lockers • 3499 Fabricated Metal Products,Not Elsewhere Classified • 6062 Credit Unions,Not Federally Chartered • 8249 Vocational Schools, not elsewhere classified • 2542 Office and Store Fixtures, Partitions, Shelving,and Lockers, except Wood • 35 Industrial and Commercial Machinery and Computer Equipment • 4741 Rental of Railroad Cars • 608 Foreign Banking and Branches and Agencies of Foreign Banks • 829 Schools and Educational Services, not elsewhere classified • 1241 Coal Mining Services • 259 Miscellaneous Furniture and Fixtures • 351 Engines and Turbines • 6081 Branches and Agencies of Foreign Banks • 8299 Schools and Educational Services, not elsewhere classified • 13 Oil and Gas Extraction • 2591 Drapery Hardware and Window Blinds and Shades • 3511 Steam, Gas. and Hydraulic Turbines, and Turbine Generator Set Units • 4783 Packing and Crating • 6082 Foreign Trade and International Banking Institutions • 83 Social Services • 131 Crude Petroleum and Natural Gas • 2599 Furniture and Fixtures,Not Elsewhere Classified • 3519 Internal Combustion Engines,Not Elsewhere Classified • 4785 Fixed Facilities and Inspection and Weighing Services for Motor Vehicle Transportation • 832 Individual and Family Social Services • 1311 Crude Petroleum and Natural Gas • 26 Paper and Allied Products • 352 Farm and Garden Machinery and Equipment • 4789 Transportation Services,not elsewhere classified • 6091 Non-Deposit Trust Facilities • 8322 Individual and Family Social Services • 3523 Farm Machinery and Equipment • 48 Communications • 6099 Functions Related to Depository Banking, not elsewhere classified • 833 Job Training and Vocational Rehabilitation • 1321 Natural Gas Liquids • 2611 Pulp Mills • 3524 Lawn and Garden Tractors and Home Lawn and Garden Equipment • 8331 Job Training and Vocational Rehabilitation Services • 138 Oil and Gas Field Services • 353 Construction. Mining, and Materials Handling • 4812 Radiotelephone Communications • 611 Federal and Federally-Sponsored Credit Agencies • 1381 Drilling Oil and Gas Wells • 2621 Paper Mills https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 14 of 25 • 3531 Construction Machinery and Equipment • 4813 Telephone Communications, except Radiotelephone • 6111 Federal and Federally-Sponsored Credit Agencies • 1382 Oil and Gas Field Exploration Services • 3532 Mining Machinery and Equipment, except Oil and Gas Field Machinery and Equipment • 482 Telegraph and other Message Communications • 1389 Oil and Gas Field Services,Not Elsewhere Classified • 2631 Paperboard Mills • 3533 Oil and Gas Field Machinery and Equipment • 4822 Telegraph and other Message Communications • 6141 Personal Credit Institutions • 8361 Residential Care • 14 Mining and Quarrying of Nonmetallic Minerals, except Fuels • 265 Paperboard Containers and Boxes • 3534 Elevators and Moving Stairways • 483 Radio and Television Broadcasting Stations • 3535 Conveyors and Conveying Equipment • 4832 Radio Broadcasting Stations • 6153 Short-Term Business Credit Institutions, except Agricultural • 8399 Social Services,not elsewhere classified • 1411 Dimension Stone • 2653 Corrugated and Solid Fiber Boxes • 3536 Overhead Traveling Cranes,Hoists,and Monorail Systems • 4833 Television Broadcasting Stations • 6159 Miscellaneous Business Credit Institutions • 84 Museums, Art Galleries, and Botanical and Zoological Gardens • 142 Crushed and Broken Stone, including Riprap • 2655 Fiber Cans, Tubes, Drums, and Similar Products • 3537 Industrial Trucks, Tractors, Trailers, and Stackers • 484 Cable and other Pay Television Services • 616 Mortgage Bankers and Brokers • 841 Museums and Art Galleries • 1422 Crushed and Broken Limestone • 2656 Sanitary Food Containers, except Folding • 354 Metalworking Machinery and Equipment • 4841 Cable and other Pay Television Services • 6162 Mortgage Bankers and Loan Correspondents • 8412 Museums and Art Galleries • 1423 Crushed and Broken Granite • 3541 Machine Tools, Metal Cutting Types • 6163 Loan Brokers • 842 Arboreta and Botanical or Zoological Gardens • 1429 Crushed and Broken Stone, Not Elsewhere Classified • 267 Converted Paper and Paperboard Products, except Containers and Boxes • 3542 Machine Tools, Metal Forming Types • 4899 Communication Services, not elsewhere classified • 62 Security and Commodity Brokers, Dealers, Exchanges, and Services • 8422 Arboreta and Botanical or Zoological Gardens • 144 Sand and Gravel • 2671 Packaging Paper and Plastics Film, Coated and Laminated • 3543 Industrial Patterns • 49 Electric, Gas and Sanitary Services • 621 Security Brokers, Dealers, and Flotation • 86 Membership Organizations https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 15 of 25 • 1442 Construction Sand and Gravel • 2672 Coated and Laminated Paper,Not Elsewhere Classified • 3544 Special Dies and Tools,Die Sets,Jigs and Fixtures,and Industrial Molds • 6211 Security Brokers, Dealers, and Flotation Companies • 1446 Industrial Sand • 2673 Plastics,Foil, and Coated Paper Bags • 3545 Cutting Tools. Machine Tool Accessories, and Machinists' Precision Measuring Devices • 4911 Electric Services • 622 Commodity Contracts Brokers and Dealers • 8611 Business Associations • 145 Clay, Ceramic. and Refractory Minerals • 2674 Uncoated Paper and Multiwall Bags • 3546 Power-Driven Hand Tools • 492 Gas Production and Distribution • 6221 Commodity Contracts Brokers and Dealers • 1455 Kaolin and Ball Clay • 2675 Die-Cut Paper and Paperboard and Cardboard • 3547 Rolling Mill Machinery and Equipment • 4922 Natural Gas Transmission • 623 Security and Commodity Exchanges • 8621 Professional Membership Organizations • 1459 Clay, Ceramic, and Refractory Minerals,Not Elsewhere Classified • 2676 Sanitary Paper Products • 3548 Electric and Gas Welding and Soldering Equipment • 4923 Natural Gas Transmission and Distribution • 6231 Security and Commodity Exchanges • 863 Labor Unions and Similar Labor Organizations • 147 Chemical and Fertilizer Mineral Mining • 2677 Envelopes • 3549 Metalworking Machinery, not elsewhere classified • 8631 Labor Unions and Similar Labor Organizations • 1474 Potash, Soda, and Borate Minerals • 2678 Stationery, Tablets. and Related Products • 4925 Mixed, Manufactured, or Liquefied Petroleum Gas Production and/or Distribution • 6282 Investment Advice • 864 Civic, Social, and Fraternal Associations • 2679 Converted Paper and Paperboard Products,Not Elsewhere Classified • 3552 Textile Machinery • 493 Combination Electric and Gas, and other Utility • 8641 Civic, Social, and Fraternal Associations • 1479 Chemical and Fertilizer Mineral Mining,Not Elsewhere Classified • 27 Printing, Publishing, and Allied Industries • 3553 Woodworking Machinery • 4931 Electric and other Services Combined • 63 Insurance Carriers • 271 Newspapers: Publishing, or Publishing and Printing • 3554 Paper Industries Machinery • 4932 Gas and other Services Combined • 8651 Political Organizations • 1481 Nonmetallic Minerals Services, except Fuels • 2711 Newspapers: Publishing, or Publishing and Printing • 3555 Printing Trades Machinery and Equipment • 4939 Combination Utilities, not elsewhere classified • 272 Periodicals: Publishing, or Publishing and Printing https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 16 of 25 • 3556 Food Products Machinery • 632 Accident and Health Insurance and Medical • 1499 Miscellaneous Nonmetallic Minerals, except Fuels • 2721 Periodicals: Publishing, or Publishing and Printing • 3559 Special Industry Machinery, not elsewhere classified • 4941 Water Supply • 6321 Accident and Health Insurance • 15 Building Construction General Contractors and Operative Builders • 356 General Industrial Machinery and Equipment • 6324 Hospital and Medical Service Plans • 8699 Membership Organizations, not elsewhere classified • 2731 Books: Publishing, or Publishing and Printing • 3561 Pumps and Pumping Equipment • 4952 Sewerage Systems • 633 Fire, Marine, and Casualty Insurance • 87 Engineering, Accounting, Research, Management, and Related Services • 1521 General Contractors-Single-Family Houses • 2732 Book Printing • 3562 Ball and Roller Bearings • 4953 Refuse Systems • 6331 Fire, Marine, and Casualty Insurance • 871 Engineering, Architectural, and Surveying • 1522 General Contractors-Residential Buildings, other than Single-Family • 3563 Air and Gas Compressors • 8711 Engineering Services • 2741 Miscellaneous Publishing • 3564 Industrial and Commercial Fans and Blowers and Air Purification Equipment • 496 Steam and Air-Conditioning, Supply • 6351 Surety Insurance • 1531 Operative Builders • 3565 Packaging Machinery • 4961 Steam and Air-Conditioning Supply • 8713 Surveying Services • 2752 Commercial Printing, Lithographic • 3566 Speed Changers, Industrial High-Speed Drives, and Gears • 872 Accounting, Auditing, and Bookkeeping Services • 1541 General Contractors-Industrial Buildings and Warehouses • 2754 Commercial Printing, Gravure • 3567 Industrial Process Furnaces and Ovens • 637 Pension,Health,and Welfare Funds • 8721 Accounting,Auditing, and Bookkeeping Services • 1542 General Contractors-Nonresidential Buildings, other than Industrial Buildings and Warehouses • 2759 Commercial Printing,Not Elsewhere Classified • 3568 Mechanical Power Transmission Equipment, not elsewhere classified • 6371 Pension, Health, and Welfare Funds • 873 Research, Development, and Testing Services • 16 Heavy Construction other than Building Construction Contractors • 3569 General Industrial Machinery and Equipment,not elsewhere classified • 501 Motor Vehicles and Motor Vehicle Parts and Supplies • 8731 Commercial Physical and Biological Research • 161 Highway and Street Construction, except Elevated Highways • 2761 Manifold Business Forms • 357 Computer and Office Equipment • 5012 Automobiles and other Motor Vehicles https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 17 of 25 • 6399 Insurance Carriers, not elsewhere classified • 8732 Commercial Economic, Sociological, and Educational Research • 1611 Highway and Street Construction, except Elevated Highways • 3571 Electronic Computers • 5013 Motor Vehicle Supplies and New Parts • 64 Insurance Agents, Brokers and Service • 8733 Noncommercial Research Organizations • 162 Heavy Construction, except Highway and Street • 2771 Greeting Card • 5014 Tires and Tubes • 641 hnsurance Agents, Brokers and Service • 8734 Testing Laboratories • 1622 Bridge, Tunnel, and Elevated Highway Construction • 278 Blankbooks, Looseleaf Binders, and Bookbinding • 6411 Insurance Agents, Brokers and Service • 874 Management and Public Relations Services • 1623 Water, Sewer, Pipeline, and Communications and Power Line Construction • 2782 Blankbooks, Looseleaf Binders,and Devices • 3577 Computer Peripheral Equipment,not elsewhere classified • 502 Furniture and Home Furnishings • 65 Real Estate • 8741 Management Services • 1629 Heavy Construction,Not Elsewhere Classified • 2789 Bookbinding and Related Work • 3578 Calculating and Accounting Machines, except Electronic Computers • 5021 Furniture • 651 Real Estate Operators(except Developers)and Lessors • 8742 Management Consulting Services • 17 Construction Special Trade Contractors • 3579 Office Machines,not elsewhere classified • 5023 Home Furnishings • 6512 Operators of Nonresidential Buildings • 171 Plumbing, Heating and Air-conditioning • 2791 Typesetting • 358 Refrigeration and Service Industry Machinery • 503 Lumber and other Construction Materials • 8744 Facilities Support Management Services • 1711 Plumbing, Heating and Air-Conditioning • 2796 Platemaking and Related Services • 3581 Automatic Vending Machines • 5031 Lumber,Plywood, Millwork, and Wood Panels • 8748 Business Consulting Services,not elsewhere classified • 172 Painting and Paper Hanging • 28 Chemicals and Allied Products • 3582 Commercial Laundry, Drycleaning, and Pressing Machines • 5032 Brick, Stone, and Related Construction Materials • 88 Private Households • 1721 Painting and Paper Hanging • 3585 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment • 5033 Roofing, Siding, and Insulation Materials • 2812 Alkalies and Chlorine • 3586 Measuring and Dispensing Pumps • 5039 Construction Materials,not elsewhere classified https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 18 of 25 • 6519 Lessors of Real Property, not elsewhere classified • 1731 Electrical Work • 2813 Industrial Gases • 3589 Service Industry Machinery, not elsewhere classified • 504 Professional and Commercial Equipment and Supplies • 653 Real Estate Agents and Managers • 174 Masonry, Stonework, Tile Setting, and Plastering • 2816 Inorganic Pigments • 359 Miscellaneous Industrial and Commercial • 5043 Photographic Equipment and Supplies • 6531 Real Estate Agents and Managers • 1741 Masonry, Stone Setting, and Other Stone Work • 2819 Industrial Inorganic Chemicals,Not Elsewhere Classified • 3592 Carburetors, Pistons,Piston Rings, and Valves • 5044 Office Equipment • 8999 Services, not elsewhere classified • 1742 Plastering,Drywall, Acoustical, and Insulation Work • 282 Plastics Materials and Synthetic Resins, Synthetic Rubber • 3593 Fluid Power Cylinders and Actuators • 5045 Computers and Computer Peripheral Equipment and Software • 6541 Title Abstract Offices • 91 Executive, Legislative, and General Government, except Finance • 1743 Terrazzo, Tile, Marble, and Mosaic Work • 2821 Plastics Materials, Synthetic Resins,and Nonvulcanizable Elastomers • 3594 Fluid Power Pumps and Motors • 5046 Commercial Equipment, not elsewhere classified • 655 Land Subdividers and Developers • 175 Carpentry and Floor Work • 2822 Synthetic Rubber(Vulcanizable Elastomers) • 3596 Scales and Balances, except Laboratory • 5047 Medical,Dental, and Hospital Equipment and Supplies • 6552 Land Subdividers and Developers, except Cemeteries • 9111 Executive Offices • 1751 Carpentry Work • 2823 Cellulosic Manmade Fibers • 3599 Industrial and Commercial Machinery and Equipment, not elsewhere classified • 5048 Ophthalmic Goods • 6553 Cemetery Subdividers and Developers • 1752 Floor Laving and Other Floor Work,Not Elsewhere Classified • 2824 Manmade Organic Fibers, except Cellulosic • 36 Electronic and other Electrical Equipment and Components, except Computer Equipment • 5049 Professional Equipment and Supplies, not elsewhere classified • 67 Holding and other Investment Offices • 9121 Legislative Bodies • 176 Roofing, Siding, and Sheet Metal Work • 361 Electric Transmission and Distribution Equipment • 505 Metals and Minerals, except Petroleum • 913 Executive and Legislative Offices Combined • 1761 Roofing, Siding, and Sheet Metal Work • 2833 Medicinal Chemicals and Botanical Products • 3612 Power, Distribution, and Specialty Transformers • 5051 Metals Service Centers and Offices • 9131 Executive and Legislative Offices Combined • 2834 Pharmaceutical Preparations https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 19 of 25 • 3613 Switchgear and Switchboard Apparatus • 5052 Coal and other Minerals and Ores • 1771 Concrete Work • 2835 In Vitro and In Vivo Diagnostic Substances • 9199 General Government,not elsewhere classified • 2836 Biological Products,except Diagnostic Substances • 3621 Motors and Generators • 5063 Electrical Apparatus and Equipment Wiring Supplies, and Construction Materials • 6722 Management Investment Offices, Open-End • 92 Justice,Public Order, and Safety • 284 Soap, Detergents, and Cleaning Preparations;Perfumes, Cosmetics, and Other Toilet Preparations • 3624 Carbon and Graphite Products • 5064 Electrical Appliances, Television and Radio Sets • 6726 Unit Investment Trusts, Face-Amount Certificate Offices, and Closed-End Management Investment Offices • 2841 Soap and Other Detergents, except Specialty Cleaners • 3625 Relays and Industrial Controls • 5065 Electronic Parts and Equipment, not elsewhere classified • 1791 Structural Steel Erection • 2842 Specialty Cleaning, Polishing, and Sanitation Preparations • 3629 Electrical Industrial Apparatus, not elsewhere classified • 507 Hardware, and Plumbing and Heating Equipment • 6732 Educational, Religious, and Charitable Trusts • 922 Public Order and Safety • 1793 Glass and Glazing Work • 2843 Surface Active Agents, Finishing Agents, Sulfonated Oils,and Assistants • 5072 Hardware • 6733 Trusts.except Educational, Religious, and Charitable • 9221 Police Protection • 1794 Excavation Work • 2844 Perfumes, Cosmetics, and other Toilet Preparations • 3631 Household Cooking Equipment • 5074 Plumbing and Heating Equipment and Supplies(Hydronics) • 9222 Legal Counsel and Prosecution • 1795 Wrecking and Demolition Work • 285 Paints, Varnishes, Lacquers, Enamels, and Allied Products • 3632 Household Refrigerators and Home and Farm Freezers • 5075 Warm Air Heating and Air-Conditioning Equipment and Supplies • 6792 Oil Royalty Traders • 9223 Correctional Institutions • 1796 Installation or Erection of Building Equipment,Not Elsewhere Classified • 2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products • 3633 Household Laundry Equipment • 5078 Refrigeration Equipment and Supplies • 6794 Patent Owners and Lessors • 9224 Fire Protection • 1799 Special Trade Contractors,Not Elsewhere Classified • 3634 Blectric Housewares and Fans • 508 Machinery,Equipment, and Supplies • 6798 Real Estate Investment Trusts • 9229 Public Order and Safety, not elsewhere classified • 20 Food and Kindred Products • 2861 Gum and Wood Chemicals • 3635 Household Vacuum Cleaners https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 20 of 25 • 5082 Construction and Mining(except Petroleum)Machinery and Equipment • 6799 Investors,not elsewhere classified • 93 Public Finance, Taxation, and Monetary Policy • 2865 Cyclic Organic Crudes and Intermediates, and Organic Dyes and Pigments • 3639 Household Appliances,not elsewhere classified • 5083 Farm and Garden Machinery and Equipment • 70 Hotels, Rooming Houses, Camps, and other Lodging Places • 931 Public Finance, Taxation, and Monetary Policy • 2011 Meat Packing Plants • 2869 Industrial Organic Chemicals,Not Elsewhere Classified • 364 Electric Lighting and Wiring Equipment • 5084 Industrial Machinery and Equipment • 701 Hotels and Motels • 9311 Public Finance, Taxation, and Monetary Policy • 2013 Sausages and Other Prepared Meats Products • 3641 Electric Lamp Bulbs and Tubes • 5085 Industrial Supplies • 7011 Hotels and Motels • 2016 Poultry Slaughtering and Processing • 2873 Nitrogenous Fertilizers • 3643 Current-Carrying Wiring Devices • 5087 Service Establishment Equipment and Supplies • 702 Rooming and Boarding Houses • 2874 Phosphatic Fertilizers • 3644 Noncurrent-Carrying Wiring Devices • 5088 Transportation Equipment and Supplies, except Motor Vehicles • 7021 Rooming and Boarding Houses • 9411 Administration of Educational Programs • 2021 Creamery Butter • 3645 Residential Electric Lighting Fixtures • 703 Camps and Recreational Vehicle Parks • 2022 Natural, Processed, and Imitation Cheese • 2879 Pesticides and Agricultural Chemicals,Not Elsewhere Classified • 3646 Commercial,Industrial,and Institutional Electric Lighting Fixtures • 5091 Sporting and Recreational Goods and Supplies • 7032 Sporting and Recreational Camps • 9431 Administration of Public Health Programs • 2023 Dry, Condensed, and Evaporated Dairy Products • 3647 Vehicular Lighting Equipment • 5092 Toys and Hobby Goods and Supplies • 7033 Recreational Vehicle Parks and Campsites • 944 Administration of Social, Human Resource and Income Maintenance Programs • 2024 Ice Cream and Frozen Desserts • 2891 Adhesives and Sealants • 3648 Lighting Equipment, not elsewhere classified • 5093 Scrap and Waste Materials • 704 Organization Hotels and Lodging Houses,on Membership Basis • 9441 Administration of Social Human Resource and Income Maintenance Programs • 2026 Fluid Milk • 2892 Explosives • 365 Household.Audio and Video Equipment • 5094 Jewelry, Watches, Precious Stones, and Precious Metals • 7041 Organization Hotels and Lodging Houses, on Membership Basis • 945 Administration of Veterans' Affairs,except Health and insurance https://sice ode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 21 of 25 • 203 Canned,Frozen, and Preserved Fruits, Vegetables, and Food Specialties • 2893 Printing Ink • 3651 Household Audio and Video Equipment • 5099 Durable Goods,not elsewhere classified • 72 Personal Services • 9451 Administration of Veterans' Affairs, except Health and Insurance • 2032 Canned Specialties • 2895 Carbon Black • 3652 Phonograph Records and Prerecorded Audio Tapes and Disks • 721 Laundry, Cleaning,and Garment Services • 95 Administration of Environmental Quality and Housing Programs • 2033 Canned Fruits, Vegetables,Preserves, Jams, and Jellies • 2899 Chemicals and Chemical Preparations,Not Elsewhere Classified • 511 Paper and Paper Products • 7211 Power Laundries, Family and Commercial • 2034 Dried and Dehydrated Fruits, Vegetables, and Soup Mixes • 29 Petroleum Refining and Related Industries • 3661 Telephone and Telegraph Apparatus • 5111 Printing and Writing Paper • 7212 Garment Pressing,and Agents for Laundries and Drycleaners • 9511 Air and Water Resource and Solid Waste Management • 2035 Pickled Fruits and Vegetables,Vegetable Sauces and Seasonings, and Salad Dressings • 3663 Radio and Television Broadcasting and Communications Equipment • 5112 Stationery and Office Supplies • 7213 Linen Supply • 9512 Land, Mineral, Wildlife, and Forest Conservation • 2037 Frozen Fruits. Fruit Juices, and Vegetables • 2911 Petroleum Refining • 3669 Communications Equipment, not elsewhere classified • 5113 Industrial and Personal Service Paper • 7215 Coin-Operated Laundries and Drycleaning • 953 Administration of Housing and Urban Planning • 2038 Frozen Specialties,Not Elsewhere Classified • 295 Asphalt Paving and Roofing Materials • 367 Electronic Components and Accessories • 512 Drugs, Drug Proprietaries. and Druggists' Sundries • 7216 Drycleaning Plants, except Rug Cleaning • 9531 Administration of Housing Programs • 2951 Asphalt Paving Mixtures and Blocks • 3671 Electron Tubes • 5122 Drugs, Drug Proprietaries, and Druggists' Sundries • 7217 Carpet and Upholstery Cleaning • 9532 Administration of Urban Planning and Community and Rural Development • 2041 Flour and other Grain Mill Products • 2952 Asphalt Felts and Coatings • 3672 Printed Circuit Boards • 513 Apparel, Piece Goods, and Notions • 7218 Industrial Launderers • 2043 Cereal Breakfast Foods • 299 Miscellaneous Products of Petroleum and Coal • 3674 Semiconductors and Related Devices • 5131 Piece Goods,Notions, and other Dry Good • 7219 Laundry and Garment Services,not elsewhere classified • 2044 Rice Milling https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 22 of 25 • 2992 Lubricating Oils and Greases • 3675 Electronic Capacitors • 5136 Men's and Boy's Clothing and Furnishings • 9611 Administration of General Economic Programs • 2045 Prepared Flour Mixes and Doughs • 2999 Products of Petroleum and Coal,Not Elsewhere Classified • 5137 Women's, Children's,and Infants' Clothing and Accessories • 962 Regulation and Administration of Transportation • 2046 Wet Corn Milling • 30 Rubber and Miscellaneous Plastics Products • 3677 Electronic Coils, Transformers, and other Inductors • 5139 Footwear • 9621 Regulation and Administration of Transportation • 2047 Dog and Cat Food • 301 Tires and Inner Tubes • 3678 Electronic Connectors • 514 Groceries and Related Products • 7231 Beauty Shops • 963 Regulation and Administration of Communications,Electric,Gas, and other Utilities • 2048 Prepared Feed and Feed Ingredients for Animals and Fowls, except Dogs and Cats • 3011 Tires and Inner Tubes • 3679 Electronic Components, not elsewhere classified • 9631 Regulation and Administration of Communications,Electric, Gas, and other Utilities • 302 Rubber and Plastics Footwear • 369 Miscellaneous Electrical Machinery, Equipment, and Supplies • 5142 Packaged Frozen Foods • 7241 Barber Shops • 964 Regulation of Agricultural Marketing and Commodities • 2051 Bread and other Bakery Products, except Cookies and Crackers • 3021 Rubber and Plastics Footwear • 5143 Dairy Products, except Dried or Canned • 725 Shoe Repair Shops and Shoeshine Parlors • 9641 Regulation of Agricultural Marketing and Commodities • 2052 Cookies and Crackers • 305 Gaskets, Packing, and Sealing Devices and Rubber • 3692 Primary Batteries, Dry and Wet • 5144 Poultry and Poultry Products • 7251 Shoe Repair Shops and Shoeshine Parlors • 965 Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors • 2053 Frozen Bakery Products, except Bread • 3052 Rubber and Plastics Hose and Belting • 3694 Electrical Equipment for Internal Combustion Engines • 5145 Confectionery • 726 Funeral Service and Crematories • 9651 Regulation, Licensing,and Inspection of Miscellaneous Commercial Sectors • 206 Sugar and Confectionery Products • 3053 Gaskets, Packing, and Sealing Devices • 3695 Magnetic and Optical Recording Media • 5146 Fish and Seafoods • 7261 Funeral Service and Crematories • 966 Space Research and Technology • 3699 Electrical Machinery,Equipment,and Supplies, not elsewhere classified • 5147 Meats and Meat Products • 9661 Space Research and Technology https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup -reasearch and development Page 23 of 25 • 2062 Cane Sugar Refining • 3061 Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods • 37 Transportation Equipment • 5148 Fresh Fruits and Vegetables • 97 National Security and International Affairs • 3069 Fabricated Rubber Products,Not Elsewhere Classified • 371 Motor Vehicles and Motor Vehicle Equipment • 5149 Groceries and Related Products,not elsewhere classified • 7299 Miscellaneous Personal Services,not elsewhere classified • 2065 Candy and other Confectionery Products • 3711 Motor Vehicles and Passenger Car Bodies • 73 Business Services • 9711 National Security • 2066 Chocolate and Cocoa Products • 3081 Unsupported Plastics Film and Sheet • 3713 Truck and Bus Bodies • 5153 Grain and Field Beans • 3082 Unsupported Plastics Profile Shapes • 3714 Motor Vehicle Parts and Accessories • 5154 Livestock • 7311 Advertising Agencies • 9721 International Affairs • 2068 Salted and Roasted Nuts and Seeds • 3083 Laminated Plastics Plate, Sheet, and Profile Shapes • 3715 Truck Trailers • 5159 Farm-Product Raw Materials,not elsewhere classified • 7312 Outdoor Advertising Services • 207 Fats and Oils • 516 Chemicals and Allied Products • 7313 Radio, Television, and Publishers'Advertising Representatives • 2074 Cottonseed Oil Mills • 372 Aircraft and Parts • 5162 Plastics Materials and Basic Forms and Shapes • 7319 Advertising, not elsewhere classified • 2075 Soybean Oil Mills • 3086 Plastics Foam Products • 3721 Aircraft • 5169 Chemicals and Allied Products, not elsewhere classified • 2076 Vegetable Oil Mills, except Corn, Cottonseed, and Soybean • 3724 Aircraft Engines and Engine Parts • 517 Petroleum and Petroleum Products • 7322 Adjustment and Collection Services • 2077 Animal and Marine Fats and Oils • 3088 Plastics Plumbing Fixtures • 3728 Aircraft Parts and Auxiliary Equipment, not elsewhere classified • 5171 Petroleum Bulk Stations and Terminals • 7323 Credit Reporting Services • 2079 Shortening, Table Oils, Margarine, and Other Edible Fats and Oils,Not Elsewhere Classified • 3089 Plastics Products,Not Elsewhere Classified • 373 Ship and Boat Building and Repairing • 5172 Petroleum and Petroleum Products Wholesalers, except Bulk Stations and Terminals • 733 Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services • 31 Leather and Leather Products • 3731 Ship Building and Repairing https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - reasearch and development Page 24 of 25 • 518 Beer, Wine, and Distilled Alcoholic Beverages • 7331 Direct Mail Advertising Services • 2082 Malt Beverages AVE • 311 Leather Tanning and Finishing • 3732 Boat Building and.Repairing • 5181 Beer and Ale �! • 7334 Photocopying and Duplicating Services • 2083 Malt • 3111 Leather Tanning and Finishing • 5182 Wine and Distilled Alcoholic Beverages • 7335 Commercial Photography • 2084 Wines, Brandy,and Brandy Spirits • 313 Boot and Shoe Cut Stock and Findings • 3743 Railroad Equipment • 7336 Commercial Art and Graphic Design • 2085 Distilled and Blended Liquors • 3131 Boot and Shoe Cut Stock and Findings • 375 Motorcycles, Bicycles, and Parts • 5191 Farm Supplies • 7338 Secretarial and Court Reporting Services • 2086 Bottled and Canned Soft Drinks and Carbonated Waters • 3751 Motorcycles, Bicycles, and Parts • 5192 Books,Periodicals, and Newspapers • 734 Services to Dwellings and other Buildings • 2087 Flavoring Extracts and Flavoring Syrups,Not Elsewhere Classified • 376 Guided Missiles and Space Vehicles and Parts • 5193 Flowers,Nursery Stock,and Florists' Supplies • 7342 Disinfecting and Pest Control Services • 209 Miscellaneous Food Preparations and Kindred Products • 3143 Men's Footwear, except Athletic • 3761 Guided Missiles and Space Vehicles • 5194 Tobacco and Tobacco Products • 7349 Building Cleaning and Maintenance Services, not elsewhere classified • 2091 Canned and Cured Fish and Seafoods • 3144 Women's Footwear, except Athletic • 3764 Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts • 5198 Paints,Varnishes, and Supplies • 735 Miscellaneous Equipment Rental and Leasing • 2092 Prepared Fresh or Frozen Fish and Seafoods • 3149 Footwear, except Rubber,Not Elsewhere Classified • 3769 Guided Missile Space Vehicle Parts and Auxiliary Equipment,not elsewhere classified • 5199 Nondurable Goods, not elsewhere classified • 7352 Medical Equipment Rental and Leasing • 2095 Roasted Coffee • 315 Leather Gloves and Mittens • 52 Building Materials, Hardware, Garden Supply, and Mobile Home Dealers • 7353 Heavy Construction Equipment Rental and Leasing • 2096 Potato Chips,Corn Chips, and Similar Snacks • 3151 Leather Gloves and Mittens • 3792 Travel Trailers and Campers • 521 Lumber and other Building Materials Dealers • 7359 Equipment Rental and Leasing, not elsewhere classified • 3795 Tanks and Tank Components • 5211 Lumber and other Building Materials Dealers https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 1 l/8/2017 SIC Code Lookup -reasearch and development Page 25 of 25 • 2098 Macaroni, Spaghetti. Vermicelli, and Noodles • 523 Paint, Glass, and Wallpaper Stores • 7361 Employment Agencies • 2099 Food Preparations,Not Elsewhere Classified • 317 Handbags and other Personal Leather Goods • 38 Measuring, Analyzing, and Controlling Instruments;Photographic, Medical and Optical Goods; Watches and Clocks • 5231 Paint, Glass,and Wallpaper Stores • 7363 Help Supply Services • 21 Tobacco Products • 3171 Women's Handbags and Purses • 381 Search, Detection,Navigation, Guidance, Aeronautical, and Nautical Systems,Instruments, and Equipment • 737 Computer Programming, Data Processing,and other Computer Related Services • 3172 Personal Leather Goods, except Women's Handbags and Purses • 3812 Search, Detection. Navigation, Guidance, Aeronautical, and Nautical Systems and Instruments • 5251 Hardware Stores • 7371 Computer Programming Services • 382 Laboratory Apparatus and Analytical, Optical,Measuring, and Controlling Instruments • 526 Retail Nurseries, Lawn and Garden Supply Stores • 7372 Prepackaged Software Delete SIC CodesWhat is SIC CodeSIC Code LookupSlC to NAICS Conversion NAICS CodesWhat is NAICS CodeNAICS Code LookupNAICS to SIC Conversion Business Data Services Business ListsEmail ListsSIC Business DatabaseCanada Business ListsNAICS Business DatabaseData AppendAdd SIC &NAICS Codes to your Client List Additional Code Systems ANZSICCPCNACECAGEDUNSNAPCSCIPGICSSOCCNHSUKSICCPAISIC SICCODE.com Registration I Contact Us I About Us I User Guides Call 908-845-4787 For Business List Requests I Get Complete List of Companies Copyright 2017 © SICCODE.com https://siccode.com/en/siccode/list/directory/search_keyword/reasearch%20and%20develo... 11/8/2017 SIC Code Lookup - research Page 2 of 3 Ad closed by Googie ▪ Google Cloud Platform Report this ad Securi,,b6tibqt,_ scales with your business. 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Jennejohn From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Friday, October 13, 2017 10:58 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda; Smith, Camden Subject: HEX Advertisement Request PL20170001233 Attachments: Ad Request.docx; 2 x 3 Ad Map.pdf; Signed Ad Request PL20170001233.pdf Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, adif/da Vdasoo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@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 Ann P. Jennejohn From: Ann P.Jennejohn on behalf of Minutes and Records Sent: Friday, October 13, 2017 11:04 AM To: 'VelascoJessica'; Rodriguez, Wanda; Bosi, Michael; Smith, Camden Subject: RE: HEX Advertisement Request PL20170001233 This ovte too, thank you! Avwt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-25z-84010 Fax 239-252-8408 From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Friday, October 13, 2017 10:58 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin<ErinPage@colliergov.net>; Neet,Virginia<VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20170001233 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (/GsPd'/dQ UGGRrdo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco(a@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 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, October 13, 2017 11:33 AM To: Minutes and Records Cc: VelascoJessica; Bosi, Michael; Ashton, Heidi; Stone, Scott Subject: re: HEX Advertisement Request PL20170001233 - OI appeal Attachments: Ad Request.docx; 2 x 3 Ad Map.pdf; Signed Ad Request PL20170001233.pdf This ad request is good. Wanda Rodriguez, MCP .Advanced Certified Parat ga( Office of the County Attorney (239)252-8400 From:VelascoJessica Sent: Friday, October 13, 2017 10:58 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20170001233 Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, dievea V a&'do Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco(«@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 October 12, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 20,2017, and furnish proof of publication to the attention of Michael Bosi, Zoning Director in the Growth Management Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 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: 4500176563 Account Number: 076397 Authoriz esignee signature for HEX Advertising PL20170001233 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., November 9th, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPRETATION INTP-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170001233] (insert map) 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 1 O O ` cmO Bayshore D' 3 0 0 o o 0 p County Barn RD Santa Barbara rn BLVD Acct #076397 October 13, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: INTP-PL20170001233 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, October 20, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500176563 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., November 9th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPRETATION INTP-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE,NAPLES,FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170001233] (insert map) 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 � 1 0 n 0 Cfn., ae„, m Z f /77�ror o Bayshore D' 3 0 co o o 0 o County Barn RD Santa �® z Barbara BLVD Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 13, 2017 12:00 PM To: Naples Daily News Legals Subject: INTPL20170001233 (Display w/MAP) Attachments: INTP-PL20170001233.doc; PL20170001233.docx; PL20170001233.pdf Please advertise the attached (W/MAP) ovt Friday, October 20, 2017. Thanks agaivt, Avtvt Jervtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 23g-252-8408 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., November 9th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: 3570 BAYSHOREDRIVE,LLC,FILEDANAPPEAL OFTHEADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPRETATION INTP-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT(C-4-BMUD- NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA.[PL20170001233] 521 --1 t/F S Davis BLVD re m m ct, p a j V) O L (J nn N lti� T m Rattlesnake PROJECT Thomasson DR Hammock RD LOCATION V " , 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 October 20,2017 ND-1790001 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/13/2017 12:46 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/20/17 ND-1790001.INDD SIZE:3 col X 9.25 in ( Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Monday, October 16, 2017 8:26 AM To: Ann P.Jennejohn Cc: VelascoJessica Subject: FW: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Attachments: ND-1790001.pdf Spacing good now on this one too © "Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, October 13, 2017 4:53 PM To: RodriguezWanda <WandaRodriguez@colliergov.net> Subject: FW: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) A'u' Jen'ejohv., Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier Couv.ty Board Mitautes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 4:44 PM To: Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Revised Thank you, Mereida Cardenas Legal Advertising Specialist 1.tplr'�Hail?;;ictus ( war IecgalsCa�NaplesNews.com 1 NaplesNews.com From: Matthews,Victoria Sent: Friday, October 13, 2017 4:43 PM To: Cardenas, Mereida Subject: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Revised proof attached.Thanks! Victoria Matthews Sales Coordinator Napitel DailB OUSATODAY gra The News-Press NETWORK WY media group Office: 239.263.4747 Victoria.Matthews@_NaplesNews.com NaplesNews.com From: Cardenas, Mereida Sent: Friday, October 13, 2017 4:21 PM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: FW: PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) This ovte also has Ko spaces between the words ivt the first sevttertce. Thank you, Mereida Cardenas Legal Advertising Specialist 1.�plr5tl.7ilNt fetus I Ow= legals(a)NaplesNews.com NaplesNews.com From:Ann P.Jennejohn [mailto:Ann.Jenneiohn@collierclerk.com] Sent: Friday, October 13, 2017 4:20 PM To: Cardenas, Mereida Subject: RE: PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) This ovte also has vto spaces betweevt the words ivt the first sevttevtce. AMA Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 2 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 3:09 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) For your approval Thank you, Mereida Cardenas Legal Advertising Specialist Naptm a.ail!;Nem I e ritww Y legals(a)NaplesNews.com NaplesNews.com From: Matthews, Victoria Sent: Friday, October 13, 2017 3:06 PM To: Cardenas, Mereida Subject: PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Proof attached.Thanks! Victoria Matthews Sales Coordinator Diapiestando News I illoretwoRToolygroup Office:239.263.4747 Victoria.MatthewsaNaplesNews.com NaplesNews.corn From: NDN-Legals Sent: Friday, October 13, 2017 12:33 PM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Hi Victoria; NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 Thank you, Mereida Cardenas Legal Advertising Specialist apjoaailli SIAM I ra vM°c tit legalsaNaplesNews.com NaplesNews.com From:Ann P.Jennejohn [mailto:Ann.Jenneiohn@collierclerk.com] Sent: Friday, October 13, 2017 12:00 PM To: NDN-Legals Subject: INTPL20170001233 (Display w/MAP) 3 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, October 16, 2017 8:47 AM To: 'Cardenas, Mereida' Subject: RE: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW:INTPL20170001233 (Display w/MAP) This ovte too! Please publish this Friday, October 20th 201-7. Thavtks agaivt! Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt I3oard Collier Couvtty T3oard Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 4:44 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Revised Thank you, Mereida Cardenas Legal Advertising Specialist 1aptcta ktilii biota I #0, legals cr.NaplesNews.com NaplesNews.com From: Matthews, Victoria Sent: Friday, October 13, 2017 4:43 PM To: Cardenas, Mereida Subject: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Revised proof attached. Thanks! Victoria Matthews Sales Coordinator ' K The grow Office:239.263.4747 Victoria.MatthewsNaplesNews.com 1 91 NIIIIIkks i ', . neo B1aiLijrW,3 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1790001 INTP-PL20170001233 Pub Dates October 20,2017 62 -1 12,,a4 (Sign ture of affiant) '••p: KAROLEKANGAS I 1 4' [.`.. Notary Publk-State of Florida Sworn to and subscribed before me Commission I GG 126041 This October 20,2017 I ',,, °'4.7:' My Comm.Explresiu129,2021 I ''T,,f:,` amee th.ch wUowKa.yA n f \ ctac.,f f qcwero (Signature of affiant) rigItliNNa Naples Daily News Friday,October 20,2017 25A NOTICE OF PUBLIC HEARING ca, Notice is herebygiven that a public hearing will be held1 ,by i the Collier ng x r's ufrimpir w Examiner(HEX)at 9:00 AM.,November 9th,2017,in the Hearing Examiner's ® Meeting Room,at 21100 North Horseshoe Drive,Room 609/610,Naples FL 34104, eI [o consider: ' ---„, I ✓ PETITION NO. PDI-PL20170001859 - CAMERON PARTNERS II, LLC REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.03-40,AS "`���--- AMENDED,THE HERITAGE BAY PLANNED UNIT DEVELOPMENT,TO ADD A DEVIATION FROM LDC SECTION 4.06.02.C.7.a TO REMOVE THE 1 REQUIREMENT FOR A LANDSCAPE BUFFER ALONG AN INTERNAL SIDE SHARED PROPERTY LINE BETWEEN LOT 2 AND LOT 3 OF THE fa ingto HERITAGE BAY COMMONS-TRACT D REPLAT SUBDIVISION OR t� ANY INTERNAL BUFFER ALONG A SHARED SIDE PROPERTY LINE IF Z0010//e i� Og LOTS 2 AND 3 ARE SUBDIVIDED.THE PUD CONSISTS OF 2,562±ACRES LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD ���lli 2017 AND TOWNSHIP 8 BOULEVARD ANG 26CR 951)IN SECENS 13, L3 AND 24,. TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. 1 for Everyo `ne ! F»C°rthu s roomerN I LOCATIO §M* i - FaIrtiTy •Stone Crab -o „Re •Boats Festiva &Jet Skis Look for the ^^°a CityFest Publication j •Cruise Specials in the w,��Ao 8 T •Veterans Row Naples Daily News, ""° "° k ••Monster Mash Sunday,October 22 Alt interested parties are invited to appear and be heard. All materials used in •Halloween See it online at presentation before the Hearing Examiner will become a permanent part of the Spooktacular naplesnews.com/cityfest mord. Copies of staff report are available one week prior to the hearing. The file can be •MUSIC and More! reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Sponsored By The Hearing Examiner's decision becomes final on the date rendered. If a person a1.'S decides to appeal any decision made by the Collier County Hearing Examiner with q;:-.-...0 tNapI o littil4 dews 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 y of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. t. If you area 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 8,,,,...,„ Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, „ i ii, (239)252-8380,at least two days prior to the meeting. _ k. Mark Strain, Chief Hearing Examiner 4.c ` Collier County,Florida October 20,2017 ND-1790015 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,November 9th,2017,m the Hearing Examiner's Examiner(HEX)at 9:00 A.M.,November 9th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: to consider 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE 3570 BAYSHORE DRIVE, LW, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP- ADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPRETATION PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL INTP-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXEDUSE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL (C-0-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 SUBDISTRICT(C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP AT 3555 BAYSHORE DRIVE,NAPLES,FLORIDA IN SECTION 14,TOWNSHIP 50 SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY. FLORIDA. [PL20170001829] [PL20171001233] ` V Sib,'FS �I FS Davis BLVD Davis 21 VD m I m a>L z n j / n2 ,���!] Rattlesnake r m Rattlesnake PROJECT 7l=assort DR Hammock RD PROJECT )voma:son DR Hammock RD LOCATION LOCATION ` -._V " „ "�u All interested parties are invited to appear and be heard. All materials in All interested parties are invited to appear and be heard.All materials used in presentation before the Herring Examiner will become a permanent part of the presentation before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing. The file can be Copies of staff report are available one week prior to the hearing. The file can be viewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, re Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person The Hearing Examiner's decision becomes final the date rendered. If a person decides to appeal any decision made by the Coferer County Hearing Examiner with 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 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 that proceeding,and for such purpose he may need to ensure that a verbatim record of of the proceedings is made,which record includes the testimony and evidence upon the proceedings is made,which record includes the testimony and evidence upon which which the appeal is to be based. the appeal is to be based. If you are a person with a disability who needs any accommodation in order to 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 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 of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, Division located at 3335 Tamiami Trail East,Suite 101,Naples.Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. (239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chicf Hearing Examiner Collier County,Florida Collier County,Florida October 20,2017 ND-1789998 October 20,2017 ND-1790001 Ann P. Jennejohn From: VelascoJessica <JessicaVelasco@colliergov.net> Sent: Friday, October 13, 2017 10:49 AM To: Minutes and Records Cc: Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; PageErin; Neet, Virginia; Rodriguez, Wanda; Smith, Camden Subject: HEX Advertisement Request PL20170001829 (ADA) Attachments: Signed Ad Request PL20170001829.pdf; 2 x 3 Ad Map.pdf;Ad Request.docx Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (Teseka UG6asoO Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 iessicavelasco@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. Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 13, 2017 10:57 AM To: 'VelascoJessica'; Bosi, Michael; Rodriguez, Wanda; Smith, Camden Subject: RE: HEX Advertisement Request PL20170001829 (ADA) Good Morvtivtg Jessica, I'll sevtd both proof's a.s.a.p. Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustw evtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-2.52-8406 Fax 2367-252-8408 From:VelascoJessica [mailto:JessicaVelasco@colliergov.net] Sent: Friday, October 13, 2017 10:49 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; Neet,Virginia <VirginiaNeet@colliergov.net>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Smith, Camden <CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20170001829 (ADA) Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, (/daroo Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@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 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Friday, October 13, 2017 11:26 AM To: Minutes and Records Cc: VelascoJessica; Bosi, Michael; Ashton, Heidi; Stone, Scott Subject: re: HEX Advertisement Request PL20170001829 (ADA) Attachments: Signed Ad Request PL20170001829.pdf; 2 x 3 Ad Map.pdf;Ad Request.docx This ad request is good. Wanda Rodriguez, MCP .Advanced Certified Paralegal- Office aralegalOffice of the County.Attorney (239)252-8400 From:VelascoJessica Sent: Friday, October 13, 2017 10:49 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<RayBellows@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net>; KendallMarcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>; NeetVirginia <VirginiaNeet@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net>; SmithCamden <CamdenSmith@colliergov.net> Subject: HEX Advertisement Request PL20170001829 (ADA) Good Morning, Please process the attached and acknowledge receipt at your earliest convenience. Respectfully, Operations Coordinator Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Zoning Division P: 239.252.2584 jessicavelasco@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 October 12, 2017 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on October 20, 2017,and furnish proof of publication to the attention of Michael Bosi, Zoning Director, 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 following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500176563 Account Number: 076397 Authorize esignee signature for HEX Advertising P120170001829 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., November 9th, 2017, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP-PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170001829] (insert map) 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 r ID O xi n O a ` . -, m n Z 0) o Bayshore D' B v 0 0 X 0 v s • 3 v Cl) 3 o0 v Q X CD County Barn RD Santa r Barbara BLVD Acct #076397 October 13, 2017 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20170001829 (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, October 20, 2017 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500176563 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., November 9th, 2017, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP-PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE,NAPLES,FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, N COLLIER COUNTY, FLORIDA. [PL20170001829] (insert map) 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 I 1 O 12Pi a 0 O n 7. \1 Zf >11-1 1 o Bayshore D' 3 cn cn0 0 sv sv • (j)j 4 , v o 0 p CD County Barn RD Santa _®- z Barbara rr' BLVD Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 13, 2017 11:50 AM To: Naples Daily News Legals Subject: PL20170001829 (Display w/MAP) Attachments: PL20170001829.doc; ADA-PL20170001829.docx; PL20170001829.pdf Good Morvtivtg, Please advertise the attached (w/MAP) ovt Friday, October 20, 2017. Thavtk you! Avwt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt 13oard Collier Couvtty 13oard Mivtutes & Records Dept. 239-2S2-84060 Fax 239-2.52-8408 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., November 9th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 3570BAYSHOREDRIVE,LLC,FILEDANAPPEALOFTHEADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP-PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT(C-4-BMUD- NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14,TOWNSHIP 50 SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. [PL20170001829] ES Davis BLVD oe m CIT m o O c-e ? (�m m 0 t U co Rattlesnake PROJECT > Thomasson DR Hammock RD LOCATION , ,t n 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 October 20,2017 ND-1789998 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/13/2017 12:46 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/20/17 ND-1789998.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Monday, October 16, 2017 8:26 AM To: Ann P. Jennejohn Cc: VelascoJessica Subject: FW: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Attachments: ND-1789998.pdf Spacing is better now, thanks. "Wanda Rodriguez, .ACP .Advanced Certified Para(ega( Office of the County Attorney (239)252-8400 From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, October 13, 2017 4:53 PM To: RodriguezWanda <WandaRodriguez@colliergov.net> Subject: FW: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Aii' Jevwtejolnvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 4:47 PM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Subject: FW: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Revised Thank you, Mereida Cardenas Legal Advertising Specialist 1:tp[rt Ll lli Neto:; ( sem legals@NaplesNews.com 1 NaplesNews.com From: Matthews,Victoria Sent: Friday, October 13, 2017 4:46 PM To: Cardenas, Mereida Subject: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Revised proof attached.Thanks! Victoria Matthews Sales Coordinator p s'BMW News ` avVIT I 4'4 group Office: 239.263.4747 Victoria.Matthews@NaplesNews.com NaplesNews.com From: Cardenas, Mereida Sent: Friday, October 13, 2017 4:20 PM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: FW: PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Note from customer: On the first line there doesn't appear to be any spaces between the words. "357O13AYSHOREDRIVE,LLC,FILEDANAPPEALOFTHEADMINISTRATIVE" Can that please be changed? Thank you, Mereida Cardenas Legal Advertising Specialist :,ap1C'.11i1Rl1I NMI; I moor lepalsRNaplesNews.com NaplesNews.com From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, October 13, 2017 4:19 PM To: Cardenas, Mereida Subject: RE: PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) On the first line there doesn't appear to be any spaces between the words. "357O13AYSHOREDRIVE,LLC,FILEDANAPPEALOFTHEADMINISTRATIVE" Can that please be changed? Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board 2 Collier Cow'ty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 3:09 PM To:Ann P.Jennejohn <Ann.Jennelohn@collierclerk.com> Subject: FW: PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) For your approval Thank you, Mereida Cardenas Legal Advertising Specialist 1`�FI�C,i1;nL ; New. I • r Iegalse.NaplesNews.com NaplesNews.com From: Matthews, Victoria Sent: Friday, October 13, 2017 3:05 PM To: Cardenas, Mereida Subject: PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Proof attached.Thanks! Victoria Matthews Sales Coordinator N . TODAY it s Ey' Iistfa m Office: 239.263.4747 Victoria.Matthews@NaplesNews.com NaplesNews.com From: NDN-Legals Sent: Friday, October 13, 2017 12:29 PM To: Matthews, Victoria <Victoria.Matthews@naplesnews.com> Subject: NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Hi Victoria; here is a new NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 Thank you, Mereida Cardenas Legal Advertising Specialist 1.ip1Lcai ii[i;1ctu5 I OM legals@NaplesNews.com Naples News.corn From:Ann P.Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, October 13, 2017 11:50 AM 3 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., November 9th, 2017, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104, to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP- PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170001829] ' VES Davis BLVD 0 cc E m m o m Q >. �� � C (n m m o 0 2 U y l\ e m Rattlesnake PROJECT -homasson DR Hammock RD LOCATION • fft--" - w�� E 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 October 20,2017 ND-1789998 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT: 10/13/2017 4:43 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE: 10/20/17 ND-1789998.INDD SIZE:3 col X 9.25 in Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez@colliergov.net> Sent: Wednesday, October 18, 2017 9:14 AM To: Minutes and Records;Ann P. Jennejohn Cc: Ashton, Heidi; Klatzkow,Jeff; Bosi, Michael; VelascoJessica; Smith, Camden; Stone, Scott Subject: FW: ad approvals? Attachments: FW: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP); FW: Revised PROOF! NDN Display legal ad# 1790001 Run Date: 10/20/2017 Size: 3x9.25 FW: INTPL20170001233 (Display w/MAP) Ann, The county attorney has given approval that the attached ad proofs may run (below). Please convey final approval to the Naples Daily News. Thank you, Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: KlatzkowJeff Sent: Wednesday, October 18, 2017 9:06 AM To: RodriguezWanda <WandaRodriguez@colliergov.net> Cc: AshtonHeidi <HeidiAshton@colliergov.net>; BosiMichael <MichaelBosi@colliergov.net> Subject: FW: ad approvals? Run the ad. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: BosiMichael Sent: Wednesday, October 18, 2017 9:00 AM To: KlatzkowJeff<JeffKlatzkow@colliergov.net> Cc:AshtonHeidi<HeidiAshton@colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> Subject: RE: ad approvals? Yes, as we discussed yesterday. Heidi has approved the content. mike From: KlatzkowJeff Sent: Wednesday, October 18, 2017 8:54 AM To: BosiMichael <MichaelBosi@colliergov.net> Cc:AshtonHeidi <HeidiAshton(a)colliergov.net>; RodriguezWanda <WandaRodriguez@colliergov.net> 1 ) ( Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, October 16, 2017 8:47 AM To: 'Cardenas, Mereida' Subject: RE: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Looks great Mereida, please publish Friday, October 20, 201-7 Ann Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtertt Board Collier County Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 From: Cardenas, Mereida [mailto:Mereida.Cardenas@naplesnews.com] Sent: Friday, October 13, 2017 4:47 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Revised Thank you, Mereida Cardenas Legal Advertising Specialist �1:}t�C{�tkiiL i Neitit... liars Iegals( NaplesNews.com NaplesNews.corn From: Matthews,Victoria Sent: Friday, October 13, 2017 4:46 PM To: Cardenas, Mereida Subject: Revised PROOF! NDN Display legal ad# 1789998 Run Date: 10/20 size: 3x9.25 FW: PL20170001829 (Display w/MAP) Revised proof attached. Thanks! Victoria Matthews Sales Coordinator NaplesThe News-Press News • It %J I1 UV media gropu Office: 239.263.4747 Victoria.MatthewsNaplesNews.com NaplesNews.com 1 B3a1111 �ettro NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 1789998 PDI-PL20170001829 Pub Dates October 20,2017 t-Pai► (Sign ture of affiant) .••a ....••. KAROLEKANGAS I s. Notary fUdk-State of Florida t Sworn to and subscribed before me Commission IGGI26041 i My Comm.ExpReslu129,202I This October 20, 2017 I z.t1„ bandeau. wow*any Asm, arli4 011Y1e 0 (Signature of affiant) manias Daily News Friday,October 20,2017 25A NOTICE OF PUBLIC HEARING i. E ami is hereby given that a ,ic hearing will he 201 ,by the Collier ng x r's Examiner(HEX)at 9:00 A.M.,November 9th,2017,in the Hearing Examiner's ' Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: PETITION NO. PDI-PL20170001859 - CAMERON PARTNERS II, LLC • 1r` REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.03-40,AS AMENDED,THE HERITAGE BAY PLANNED UNIT DEVELOPMENT,TO ADD A DEVIATION FROM LDC SECTION 4.06.02.C.7.a TO REMOVE THE REQUIREMENT FOR A LANDSCAPE BUFFER ALONG AN INTERNAL SIDE SHARED PROPERTY LINE BETWEEN LOT 2 AND LOT 3 OF THE to coming 7�/lam HERITAGE BAY COMMONS-TRACT D REPLAT SUBDIVISION OR ANY INTERNAL BUFFER ALONG A SHARED SIDE PROPERTY LINE IF Dto' tf�tit* LOTS 2 AND 3 ARE SUBDIVIDED.THE PUD CONSISTS OF 2,562±ACRES LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD ���� 2oj7 AND TOWNSHIP BOULEVARD ANG 26CR 951)IN SECENSCO 13, Y, L3 AND 24,. TOWNSHIP 48 SOUTH,RANGE 26 EAST.COLLIER COUNTY,FLORIDA. t ,3 for Everyone \ Leeeo�ryu°° x PROJECT I LOCATION _ 1 tta kgip Family N •Stone Crab - eeRD FestivalLook for m° •Boats&Jet Skis CityFestPubl he r a a • •Cruise Specials in the ? 3 •Veterans Row Naples Daily News, I °°""`""' ' •Monster Mash Sunday,October 22 All interested parties are invited to appear and be heard. All materials used in •Halloween See it online at presentation before the Hearing Examiner will become a permanent part of the Spooktacular naplesnews.com/cityfest record. Copies of staff report are available one week prior to the hearing. The file can be •Music and More! reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Sponsored By The Hearing Examiner's decision becomes final on the date rendered. If a person �L' tt les�tti11 dews 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 f\ '1 ""°""'""'°°""`°"°" 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 �)r which the appeal is to be based. 7 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 -:il of certain assistance. Please contact the Collier County Facilities Management - Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, ` �t (239)252-8380,at least two days prior to the meeting. 11,1111'il.„11.411)111‘11111 _ Mark a Chief Hearing Examiner IIIIIIII ` Collier County,Florida October 20,2017 ND-1790015 r. . NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County hearing Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,November 91h,2017,in the Hearing Examiner's Examiner(HEX)at 9:00 A.M.,November 9th,2017,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: to consider: 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE 3570 BAYSHORE DRIVE, LLC, FILED AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF THE SITE IMPROVEMENT PLAN SIP- ADMINISTRATIVE APPROVAL OF THE OFFICIAL INTERPRETATION PL20150002675 FOR THE BAYSHORE BEER GARDEN IN THE GENERAL INI'P-PL20170001233 FOR THE BAYSHORE BEER GARDEN IN THE COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE MIXED USE GENERAL COMMERCIAL ZONING DISTRICT WITHIN THE BAYSHORE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL SUBDISTRICT MIXED USE OVERLAY DISTRICT-NEIGHBORHOOD COMMERCIAL (C-4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED AT 3555 SUBDISTRICT(C4-BMUD-NC). THE SUBJECT PROPERTY IS LOCATED BAYSHORE DRIVE, NAPLES, FLORIDA IN SECTION 14, TOWNSHIP AT 3555 BAYSHORE DRIVE,NAPLES,FLORIDA IN SECTION 14,TOWNSHIP 50 SOUTH AND RANGE 25 EAST,IN COLLIER COUNTY,FLORIDA. 50 SOUTH AND RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA. [PL20170001829] [PL201700012331I I I I 4kFS levee BLVD ,�S Davis BLVD 1 )/ ! o u g Rattlesnake r .1Q Ranlesnake PROJECT -hangman DR Hammock RD PROJECT 'nomesson OR Hammock RD LOCATION LOCATION • • - f .4.i All interested parties are invited to appear and be heard. All materials in 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 presentation before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing. The file can be are Copies of staff report aavailable one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person 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 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 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 that proceeding,and for such purpose he may need to ensure that a verbatim record of of the proceedings is made,which record includes the testimony and evidence upon the proceedings is made,which record includes the testimony and evidence upon which which the appeal is to be based. the appeal is to be based. If you are a person with a disability who needs any accommodation in order to 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 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 of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356, Division located at 3335 Tamiami Trail East,Suite 101,Naples.Florida 34112-5356, (239)252-8380,at least two days prior to the meeting. (239)252-8380,at least two days prior to the meeting. 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