Agenda 06/24/2014 Item # 8A6/24/2014 8.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
Resolution providing for the establishment of a conditional use to allow Food stores with greater
than 5,000 square feet of gross floor area in the principal structure (groups 5411- 5499); Permitted
food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the
principal structure; and Permitted personal services, video rental or retail uses (excluding drug
stores — 5912) with more than 5,000 square feet of gross floor area in the principal structure, within
a Commercial Intermediate (C -3) zoning district pursuant to subsection 2.03.03.C.1.c of the Collier
County Land Development Code for property located on the north side of U.S. 41, east of the
Collier Boulevard (C.R. 951) and U.S. 41 intersection, in Section 3, Township 51 South, Range 26
East, Collier County, Florida (CU- PL20130001768).
OBJECTIVE: To have the Board of County Commissioners (BCC), acting in its capacity as
Board of Zoning Appeals, review staff's findings and recommendations along with the
recommendations of the Collier County Planning Commission (CCPC) regarding the above
referenced petition and render a decision regarding the petition; and to ensure the project is in
hannony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS: The purpose of this Conditional Use is to allow certain land uses to have
increased square footages for buildings in the C -3 zoning district which are larger than the 5,000
and 6,000 square foot limitation. Utilizing the Conditional Use process will allow the Petitioner
to seek the requested changes while retaining the existing C -3 zoning on the subject property.
Specifically, the petitioner has requested the following three conditional uses for property
located within a C -3 zoning district, pursuant to Section 2.03.03.C. Lc of the Land Development
Code:
- Conditional Use # 10: Food stores with greater than 5,000 square feet of gross floor area
in the principal structure (groups 5411- 5499).
- Conditional Use # 16: Permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure.
- Conditional Use # 17: Pennitted personal services, video rental or retail uses (excluding
drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal
structure.
The subject 5.98± acre site is located on the north side of Tamiami Trail East (US 41). The
subject site is currently cleared and has a 1.68 preservation area in the north and west portions of
the site. To the north of the site is Falling Waters Beach Resort, a multi - family residential
development. To the east of the site is an undeveloped parcel zoned C -5. To the south of the site
is Tamiami Trail East (US 41) and then the undeveloped Tamiami Crossing CPUD (Commercial
Planned Unit Development). To the west of the site is an undeveloped parcel owned by ABC
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6/24/2014 8.A.
Liquors and a parcel developed with a CVS Store; these parcels have a zoning designation of C-
3ST (Commercial Intermediate zoning district within a Special Treatment area).
The Site Plan provides for a 15 -foot wide Type B landscape buffer with a wall along the north
property line. Where there is no preserve area to act as a buffer on the subject site, a minimum
of a 10 -foot wide Type A buffer will be provided along the east and west property lines. A 20-
foot wide Type D landscape buffer will be provided along Tamiami Trail East (US 41), and
where there is a right -of —way taking, the landscape buffer will be reduced to 10 feet.
The Conceptual Site Plan submitted meets all of the LDC C -3 Site Data requirements. However,
according to the applicant, there is no specific end user at this time. The site plan is conceptual
and the final building configuration is unknown. The size of the buildings and development
standards based on building size on the final Site Development Plan (SDP) may accordingly
deviate from Exhibit `B" of the Resolution, provided that conditions of Exhibit "C" of the
Resolution are otherwise met.
Staff recommends the following Conditions of Approval:
1. This Conditional Use approval does not constitute approval of a subdivision. The buildings
may be placed on one 5.98 acre site under common ownership or the property may be
subdivided in accordance with the LDC.
2. No building, for a use which would otherwise have been limited to 5,000 — 6,000 square feet
or less, shall be larger than 15,000 square feet.
3. No adult oriented sales are permitted in this project.
4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front
facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound
between the hours of 10 p.m. and 8 a.m.
5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
6. The trip generation cap is 435 unadjusted, tvlo -way, p.m. peak hour trips.
The subject site was previously rezoned from Rural Agriculture (A) and Commercial
Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached
Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of
a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to
intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access
easement between properties, and the prohibition of buildings within 60 feet of the rear
(northeast) property line. The Rezoning Ordinance along with its associated conditions will
continue to remain in effect regardless of the subject Conditional Use.
To date, one letter of objection has been received. Therefore, this petition has been placed on the
Regular Agenda.
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6/24/2014 8.A.
FISCAL IMPACT: The Conditional Use by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build out, will maximize its authorized level of
development. However, if the Conditional Use is approved, a portion of the land could be
developed and the new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
Comprehensive Planning staff finds the proposed conditional use consistent with the Future Land
Use Element. A more detailed description of the GMP consistency is contained in the Staff
Report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC heard petition CU- PL20130001768, Marco 41 Park on May 15, 2014, and by a vote of 6
to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval subject to Staff's Conditions of Approval together with the
following additional stipulations, all of which have been incorporated into Exhibit "C ",
Conditions of Approval:
1. All buildings subject to this conditional use which exceed the otherwise applicable 5,000 —
6,000 square -foot limit shall be limited to 2- stories and have a maximum zoned height of 35
feet and an actual height of 45 feet.
2. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the Falling Waters
Beach Resort property line.
3. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach
Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of the
first building permit approval.
4. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (US
41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in
structure side plane areas or break past the side plane of the building, except for speaker(s)
associated with limited drive - through uses.
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6/24/2014 8.A.
No more than one (1) approved Fast Food drive - through establislunent shall be allowed. The
ordering window shall not be located within 100 feet of the Falling Waters Beach Resort
property line.
6. All pole lighting will be flat panel fixtures.
7. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut
off shields.
Any lighting fixture within 50 feet of a residential property line will be limited to 15 feet in
height.
9. The following uses have been prohibited per this conditional use request:
• Convenience Stores with Gas Pumps only (SIC Group 5411)
• Gasoline Service Stations (SIC Group 5541)
• Homeless Shelters
• Hospitals (SIC Groups 8062 -8069)
• Marinas (SIC Group 4493)
• Residential dwelling units
• Soup Kitchens
In addition, the second page of Exhibit B, Master Plan, has been removed per the CCPC's
request.
LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission
for approval of a conditional use to allow for larger buildings for certain uses in the C -3 zoning
district. A conditional use is a use that is permitted in a particular zoning district subject to
certain restrictions. All testimony given must be under oath. The attached report and
recommendations of the Planning Commission are advisory only and are not binding on you.
The Petitioner has the burden of demonstrating that the necessary requirements have been met,
and you may question the Petitioner, or staff, in order to determine that the necessary criteria has
been satisfied. In addition to meeting the necessary criteria, you may place such conditions and
safeguards as you deem appropriate to allow the use, provided that there is competent,
substantial evidence that these additional conditions and safeguards are necessary to promote the
public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general
welfare of the neighborhood. As a further condition of approval of the conditional use, you may
require that suitable areas for streets, public rights -of -way, schools, parks, and other public
facilities be set aside, improved, and /or dedicated for public use, subject to appropriate impact
fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as
to form and legality, and requires a super - majority vote of four affirmative votes for Board
approval. (SAS)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further
recommends that the Board of County Commissioners, acting as Board of Zoning Appeals,
approve the request for CU- PL201300001768, Marco 41 Park.
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6/24/2014 8.A.
Prepared by: Nancy Gundlach, AICP, RLA
Planning & Zoning
Attachments: 1) Staff Report
2) Proposed Resolution
3) Ordinance 05 -35
4) Location Map
5) Master Plan
6) Application- go to:
httn: / /www.colliereov. net/ ftn/ A2endaJune24 /GrowthM2mt/ADD]ication Marco 41 %20Park C
U.pdf
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6/24/2014 8.A.
C(OT T TTR COTTNTY
Board of County Commissioners
Item Number: 8.8.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Resolution providing for the establishment of a conditional use
to allow Food stores with greater than 5,000 square feet of gross floor area in the principal
structure (groups 5411 - 5499); Permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure; and Permitted personal services,
video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of
gross floor area in the principal structure, within a Commercial Intermediate (C -3) zoning
district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code for
property located on the north side of U.S. 41, east of the Collier Boulevard (C.R. 951) and U.S.
41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (CU-
PL20130001768).
Meeting Date: 6/24/2014
Prepared By
Name: GundlachNancy
Title: Planner, Principal, Comprehensive Planning
5/23/2014 4:42:11 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/28/2014 2:56:55 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/28/2014 4:23:49 PM
Name: BosiMichael
Title: Director - Planning and Zoning, Comprehensive Planning
Date: 5/29/2014 2:27:52 PM
Name: StoneScott
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6/24/2014 8.A.
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/29/2014 5:05:21 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 11:01:49 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/12/2014 2:58:43 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2014 2:24:56 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 3:00:50 PM
Packet Page -40-
AGENDA 6/24/2014 8.A.
C;0 *67 County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT
DIVISION
HEARING DATE: MAY 15, 2014
SUBJECT: CU- PL20130001768, MARCO 41 PARK
PROPERTY OWNER/AGENT:
Applicant /Contract Purchaser:
CSC Properties, LLC
5795 Ulmerton Road, Suite 200
Clearwater, FL 33760
Agents:
Mr. Fred Hood
Davidson Engineering
4365 Radio Road, Suite 201
Naples, FL 34104
REQUESTED ACTION:
Owner:
Mutual of Omaha
302 North Dale Mabry Highway, Suite 300
Tampa, FL 33609
Mr. R. Bruce Anderson
Roetzel & Andres Law Firm
850 Park Shore Drive, Third Floor
Naples, FL 34103
To have the Collier County Planning Commission (CCPC) consider an application for a
conditional use to allow Food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 5411- 5499); Permitted food service (5812, eating places) uses with
more than 6,000 square feet of gross floor area in the principal structure; and Permitted personal
services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square
feet of gross floor area in the principal structure, within a Commercial Intermediate (C -3) zoning
district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code
(LDC).
GEOGRAPHIC LOCATION:
The subject 5.98± acre parcel is located on the north side of U.S. 41, approximately 350± east of
the intersection of Collier Boulevard (C.R. 951) and Tamiami Trail East (US 41), in Section 3,
Township 51 South, Range 26 East, Collier County, Florida. (See the location map on the
following page.)
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
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PURPOSE/DESCRIPTION OF PROJECT:
The purpose of the subject Conditional Use is to allow certain land uses to have increased square
footages for buildings in the C -3 zoning district which are larger than the 5,000 and 6,000 square
foot limitation. The petitioner has requested the removal of the 5,000 and 6,000 square footage
cap for the following land uses on the subject property:
Conditional Use # 10: Food stores with greater than 5,000 square feet of gross floor area
in the principal structure (groups 5411 - 5499).
Conditional Use # 16: Permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure.
Conditional Use # 17: Permitted personal services, video rental or retail uses (excluding
drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal
structure.
As previously stated, the subject 5.98± acre site is located on the north side of Tamiami Trail
East (US 41). The subject site is currently cleared and has a 1.68 preservation area in the north
and west portions of the site. To the north of the site is Falling Waters Beach Resort, a multi-
family residential development. To the east of the site is an undeveloped parcel zoned C -5. To
the south of the site is Tamiami Trail East (US 41) and then the undeveloped Tamiami Crossing
CPUD (Commercial Planned Unit Development). To the west of the site is an undeveloped
parcel owned by ABC Liquors and a parcel developed with a CVS Store; these parcels have a
zoning designation of C -3ST (Commercial Intermediate zoning district within a Special
Treatment area).
The Site Plan provides for a 15 -foot wide Type B landscape buffer with a wall along the north
property line. Where there is no preserve area to act as a buffer on the subject site, a minimum
of a 10 -foot wide Type A buffer will be provided along the east and west property lines. A 20-
foot wide Type D landscape buffer will be provided along Tamiami Trail East (US 41), and
where there is a right -of –way taking, the landscape buffer will be reduced to 10 feet.
The proposed development is subject to the following LDC C -3 Site Data as shown in the
following chart:
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
r - --
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Required:
Min.Lot Area
10,000 s.f
Min. Lot Width
75'
Max. Zoned Bldg. Height
50'
Min. Ground Floor Area
700 s.f.
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
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6/24/2014 8.A.
The Conceptual Site Plan submitted meets all of the above Site Data requirements. However,
according to the applicant, there is no specific end user at this time. The site plan is conceptual
and the final building configuration is unknown. The size of the buildings and development
standards based on building size on the final Site Development Plan (SDP) may accordingly
deviate from Exhibit `B" of the Resolution, provided that conditions of Exhibit "C" of the
Resolution are otherwise met.
The project shall meet the following Conditions of Approval which have been incorporated into
Exhibit "C" of the attached resolution:
1. This Conditional Use approval does not constitute approval of a subdivision. The buildings
may be placed on one 5.98 acre site under common ownership or the property may be
subdivided in accordance with the LDC.
2. No building, for a use which would otherwise have been limited to 5,000 — 6,000 square feet
or less, shall be larger than 15,000 square feet."
3. No adult oriented sales are permitted in this project.
4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front
facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound
between the hours of 10 p.m. and 8 a.m.
5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips.
The subject site was previously rezoned from Rural Agriculture (A) and Commercial
Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached
Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of
a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to
intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access
easement between properties, and the prohibition of buildings within 60 feet of the rear
(northeast) property line. The Rezoning Ordinance along with its associated conditions will
continue to remain in effect regardless of the subject Conditional Use.
To date, no letters of objection or support have been received.
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
Packet Page -46-
Required:
Min. Front Yard Setback
50% of bldg. height, but not less than 25'
Min. Side Yard Setback
50% of bldg. height, but not less than 15'
Min. Rear Yard Setback
50% of bldg. height, but not less than 15'
Open Space
Not Applicable
The Conceptual Site Plan submitted meets all of the above Site Data requirements. However,
according to the applicant, there is no specific end user at this time. The site plan is conceptual
and the final building configuration is unknown. The size of the buildings and development
standards based on building size on the final Site Development Plan (SDP) may accordingly
deviate from Exhibit `B" of the Resolution, provided that conditions of Exhibit "C" of the
Resolution are otherwise met.
The project shall meet the following Conditions of Approval which have been incorporated into
Exhibit "C" of the attached resolution:
1. This Conditional Use approval does not constitute approval of a subdivision. The buildings
may be placed on one 5.98 acre site under common ownership or the property may be
subdivided in accordance with the LDC.
2. No building, for a use which would otherwise have been limited to 5,000 — 6,000 square feet
or less, shall be larger than 15,000 square feet."
3. No adult oriented sales are permitted in this project.
4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front
facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound
between the hours of 10 p.m. and 8 a.m.
5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips.
The subject site was previously rezoned from Rural Agriculture (A) and Commercial
Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached
Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of
a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to
intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access
easement between properties, and the prohibition of buildings within 60 feet of the rear
(northeast) property line. The Rezoning Ordinance along with its associated conditions will
continue to remain in effect regardless of the subject Conditional Use.
To date, no letters of objection or support have been received.
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
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6/24/2014 8.A.
CTJ.RP,0L1Y,D11NG LAND vTSE & ZONING-9
SUBJECT PARCEL: The site is currently vacant, in the C -3 (Commercial Intermediate) zoning
district
SURROUNDING:
North Multi- family residences with a zoning designation of Falling Waters
Beach Resort PUD (Planned Unit Development)
East: An undeveloped commercial parcel and then a developed commercial
parcel with a zoning designation of C -5 (Heavy Commercial)
South: Tamiami Trail East (US 41), and then undeveloped land with a zoning
designation of Tamiami Crossing CPUD (Commercial Planned Unit
Development)
West: A parcel developed with a CVS Drugstore and an undeveloped parcel
with a proposed ABC Liquor Store with a zoning designation of C -3ST
(Commercial Intermediate within a Special Treatment area)
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
Aerial
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6/24/2014 8.A.
GROWTH MANAGEMENT PLAN (GMP)- CONSISTENCY:
Future Land Use Element (FLUE): The subject property is located within the Urban
designated area (Urban — Urban Commercial District, Mixed Use Activity Center Subdistrict —
Activity Center #18), as identified on the countywide Future Land Use Map of the Growth
Management Plan (GMP). Relevant to this request, the purpose and intent of the C -3 district is
to provide for a wider variety of goods and services intended for areas expected to receive a
higher degree of automobile traffic. The type and variety of goods and services are those that
provide an opportunity for comparison shopping, have a trade area consisting of several
neighborhoods, and are preferably located at the intersection of two arterial -level streets. The
Mixed Use Activity Center Subdistrict allows C -1 through C -5 and the requested added uses are
permitted as conditional uses within C -3 zoning districts of the Land Development Code (LDC).
Therefore the petition request is consistent with the FLUE of the GMP.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Please refer
to the "Analysis" section below.
Transportation Element: The Transportation Services Department has reviewed the Traffic
Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient
capacity to accommodate this project within the 5 year planning period. Therefore, the subject
application can be found consistent with Policy 5.1 of the Transportation Element of the GMP.
Based on the above analysis, staff finds the requested conditional uses consistent with the
Growth Management Plan.
ANALYSIS:
Pursuant to LDC Section 10.08.00 D., before any Conditional Use recommendation can be
offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission
(CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the
public interest and will not adversely affect other property of uses in the same district of the
neighborhood; and 2) all specific requirements for the individual Conditional Use have been met
by the petitioner; and 3) satisfactory provisions and arrangements have been made concerning
the following matters, where applicable:
1. Consistency with the Land Development Code (LDC) and the Growth Management
Plan (GMP).
This request is consistent with the Growth Management Plan (GMP) and this project will be
in compliance with the applicable provisions of the Land Development Code (LDC).
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
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6/24/2014 8.A.
Existing ingress and egress to the subject property is provided by four points. One is located
along Tamiami Trail East (US 41). The other is through a cross access easement to the west
through the CVS parcel that provides a second ingress and egress to Tamiami Trail East (US
41) and to a third ingress and egress to Collier Boulevard (SR 951). The forth point is
through an access easement to the east that provides a forth ingress and egress to Tamiami
Trail East (US 41). There is a sidewalk along Tamiami Trail East (US 41).
3. The affect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The purpose and intent of the C -3 limit of 5,000 square feet of gross floor area is that these
land uses generally have a greater impact in relation to noise, glare, economic or odor effects.
However, these impacts can be addressed as part of the conditional use process.
The subject site is surrounded by developed and undeveloped commercial to the east and
west, along with undeveloped commercial to the south. The Conditional Use will have a
minimal impact on these neighboring commercial properties in relation to noise, glare,
economic or odor effects.
However, there are multi - family residences to the north. The proposed Conditions of
Approval limiting the size of the development, outdoor sound and delivery hours along with
the required Type B Landscape Buffer will insure that the Conditional Uses will have
minimal impact on neighboring properties in relation to glare, economic or noise effects.
4. Compatibility with adjacent properties and other property in the district.
If the proposed Conditions of Approval are adopted, the proposed retail land uses can be
found compatible with adjacent properties and other properties in the immediate area. As
previously stated, the subject property is located between two commercial properties on a
principal arterial road.
Based on the above findings, this conditional use is recommended for approval
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant duly noticed and held the required meeting on February 12, 2014, at 5:30 p.m. at
the East Naples Public Library, located at 8787 Tamiami Trail East, Naples, Florida. According
to a head count performed by Staff, approximately 35 to 40 people along with the applicant
attended the meeting. For further information, please see the NIM Minutes (Attachment C).
The meeting ended at approximately 6;25 p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for CU- PL20130001768 revised on
April 22, 2014.
CU- PL20130001768, MARCO 41 PARK
April 22, 2014
P--- o..cn.1
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6/24/2014 8.A.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
PL20130001768 to the Board of Zoning Appeals (BZA) with a recommendation of approval
subject to the following conditions:
This Conditional Use approval does not constitute approval of a subdivision. The buildings
may be placed on one 5.98 acre site under common ownership or the property may be
subdivided in accordance with the LDC.
2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square feet
or less shall be larger than 15,000 square feet."
3. No adult oriented sales are permitted in this project.
4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front
facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound
between the hours of 10 p.m. and 8 a.m.
5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips.
CU- PL20130001 768, MARCO 41 PARK
April 22, 2014
P an_;4It
Packet Page -50-
PREPARED BY:
Y"U\
NANCY G LA H, AICP, PRINCIPAL PLANNER
GROWTH N: &MENT DIVISION
REVIEWED BY:
RAYMONYW. BELLOWS, ZONING MANAGER
GROWTH WLANAGEMENT DIVISION
MICHAEL BOSI, AICP, DIRECTOR
GROWTH MANAGEMENT DIVISION
APPROVED
NICK "CASH :ANGUID,A/, ADMINISTRATOR
GROWTH MANAGEMENT DIVISION
Attachments:
Attachment A: Proposed Resolution
Attachment B: Ordinance 05 -35
Attachment C: NIM Minutes
CU- Pl-20130001768, MARCO 41 PARK
April 14, 2014
P--- It A -.r It 4
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6/24/2014 8.A.
I I�'
11�" 14-
DATE
DATE
DATE
6/24/2014 8.A.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD
STORES WITH GREATER THAN 5,000 SQUARE, FEET OF GROSS
FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-
5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES
WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED
PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000
SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C -3)
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.c OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PETITION CU- PL201300017681
WHEREAS, the I- egislature of the State of Florida in Chapter 67 -1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection of
the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
to allow food stores with greater than 5,000 square feet of gross floor area in the principal
structure- (groups 5411- 5499); permitted food service {5°12 eating places) uses with more than
6.000 square feet of gross floor area in the principal structure: and permitted personal services,
video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of
gross floor area in the principal structure, within a Commercial Intermediate (C -3) Zoning
Marco Park 411CU- PL20130001768 I of 3
Rev. 5/2 1 / 14
Packet Page -52-
6/24/2014 8.A.
District pursuant to Subsection 2.03.03.C. 11.c of the Collier County Land Development Code on
the property hereinafter described, and the Collier County Planning Commission has made
findings that the granting of the Conditional Use will not adversely affect the public interest and
the specific requirements governing the Conditional Use have been met and that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU PL20130001768 filed by CSC Properties, LLC with respect to the
property hereinafter described in Exhibit "A ", be and the same is hereby approved for a
Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 5411- 5499); permitted food service (5812, eating places) uses with
more than 6,000 square feet of gross floor area in the principal structure; and permitted personal
services. video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square
feet of gross floor area in the principal structure, within a Commercial Intermediate (C-' )) Zoning
District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions
found in Exhibit "C ". Exhibits "A", "B ", and ` °C" are attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super - majority vote, this day of
2014.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
TOM HENNING, Chairman
Marco Park 41 \CU- PL20130001768 2 of 3
Rev. 5/21!14
Packet Page -53-
6/24/2014 8.A.
Approved as to form and legality:
A i5 /a.�rly
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\1 3-CPS-0 1274/62
Marco Clark 41 \CU- 111,20130001768 3 of 3
Rev. x'21'14
Packet Page -54-
ENE
DAVIDSON
kNCINFf:N iIJ C1
LEGAL DESCRIPTION
EXHIBIT 'W
PROPERTY DESCRIPTION
6/24/2014 8.A.
BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS
"PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN
LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35 °34'22" EAST, ALONG THE NORTHWESTERLY LINE OF LAST OF
SAID LANDS, A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE"
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
NORTH 35 °34 "22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4 ", A DISTANCE OF 390.00 FEET TO
THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4 "; THENCE SOUTH 54 °25'38" EAST, ALONG THE
NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND, "PARCEL 3 ", ALL OF SAID OFFICIAL RECORDS BOOK
4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 3 ", THENCE SOUTH 35 °34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
"PARCEL 3 ", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3 ";
THENCE NORTH 54 °25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3 ", A
DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF .THOSE CERTAIN LANDS
DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35 °35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF
SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 118FEE "; THENCE NORTH 54 °25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF
SAID "PARCEL 118FEE" AND "PARCEL 117FEE" A DISTANCE OF 371.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 260,282 SQUARE FEET OR 5.975 ACRES, MORE OR LESS.
Marco 41 Park CU Attachment B
Lei >al Description uti,x"�l.davidsonenc ineerino .com
Packet Page -55-
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EXHIBIT "C"
Conditions of Approval
1. This Conditional Use approval does not constitute approval of a subdivision. The
buildings may be placed on one 5.97 acre site under common ownership or the property
may be subdivided in accordance with the LDC.
2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square
feet or less shall be larger than 15,000 square feet.
3. All buildings subject to this conditional use which exceed the otherwise applicable 5,000
— 6,000 square foot limit shall be limited to 2- stories and have a maximum zoned height
of 35 feet and an actual height of 45 feet.
4. No adult oriented sales are permitted in this project.
Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter
boundary with Falling Waters Beach Resort property line.
6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips.
7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach
Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of
the first building permit approval of any uses.
S. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East
(tJS 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be penmitted in
structure side plane areas or break past the side plane of the building, except for
speaker(s) associated with limited drive - through uses.
9. No more than one (1) approved Fast Food drive- through establishment shall be allowed.
The ordering window shall not be located within 100 feet of the Falling Waters Beach
Resort property line.
10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
1 l . All pole lighting will be flat panel fixtures.
12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full
cut off shields.
13. Any lighting fixture /structure within 50 feet of a residential property line will be limited
to 15 feet in height.
Page I of 2
Packet Page -57-
14. The following uses have been prohibited per this conditional use request:
a. Convenience Stores with Gas Pumps only (SIC Group 541 1)
b. Gasoline Service Stations (SIC Group 5541)
e, Homeless Shelters
d. Hospitals (SIC Groups 8062 -8069)
e. Marinas (SIC Group 4493)
f. Residential dwelling units
g. Soup Kitchens
1-CPS- O12_74/59
521/14
Pace 2 of 2
Packet Page -58-
6/24/2014 8.A.
6/24/2014 8.A.
1112
�$g10
ORDINANCE NO. 05 – a 5
fir, r AN ORDINANCE OF THE BOARD OF COUNTY
11[1FL Y S'
COMMISSIONERS AMENDING ORDINANCE NUMBER 04-
`
41 AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH
�tZBZgt�'
ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL
ZONING ATLAS MAP BY CHANGING THE ZONING
CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED
ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIERVL
o
BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH ,P
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM
RURAL AGRICULTURAL AND "C -2ST" COMMERCIALNf`-
r "'-
CONVENIENCE WITH A SPECIAL TREATMENT OVERLAY• =
Q1 h
.j
TO "C -3" COMMERCIAL INTERMEDIATE FOR RETAIL,,,
OFFICE, AND RESTAURANT AND OTHER USES SUBJECTSt.
w
TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVEg
c,
DATE. :> r*i
WHEREAS, Southern Development Company, Inc., represented by Jeff L. Davidson,
P.E., of Davidson Engineering, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property for Petition No. RZ- 2003 -AR -4961.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the subject real property, more particularly described by
Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03,
Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural
Agriculture and "C -2ST" Commercial Convenience with a Special Treatment Overlay to "C -3"
Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate
Official Zoning Atlas Map, as described in Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended accordingly, subject to the following conditions:
1. No development orders will be approved, other than to authorize construction of a
required wall and Type `B" buffer adjacent to Falling Waters Beach Resort as set forth
below, until sufficient capacity exists on all affected segments and the intersection of US-
41 and SR -951, as may be determined by the County's Concurrency Management
System.
2. In addition to all required transportation impact fees, Developer may be required to make
a proportionate, fair -share payment for required future capacity improvements to the
intersection of US-41 and SR -951, i.e., payment equal to the cost to create sufficient
capacity at that intersection for the traffic impacts created by the development.
3. Prior to any Site Development Plan (SDP) approval, other than to authorize construction
of a required wall and Type `B" buffer adjacent to Falling Waters Beach Resort as set
forth below, access to the adjoining commercial properties shall be provided in the form
of easements granted to adjacent property owners to facilitate cross access between the
commercial properties to the east and west of the subject property.
4. A sidewalk shall be constructed along the frontage of the subject property on Tamiami
Packet Page -59-
6/24/2014 8.A.
Trail (U.S. Highway 41) pursuant to LDC Sections 5.05.08.C.4, and 10.02.03.B.1.b.i.xiii.
5. Prior to approval of the development's first SDP, i.e., other than to authorize construction
of a required wall and Type `B" buffer adjacent to the Falling Waters Beach Resort as set
forth below, the Environmental Advisory Council will review the approved South Florida
Water Management District (SFWMD) permit for mitigation of wetlands impacts.
6. In addition to any other rear yard requirement for this zoning district, no accessory or
principal building may be permitted within sixty-feet of the rear (NE) property line.
7. Owner agrees to construct an eight foot (8') wall ten -feet inside the rear (NE) property
line within 90 days from the date of issuance of the required development permit to
construct the wall that will be uniformly landscaped and irrigated on both sides, as shown
in rendering (Exhibit C), and as otherwise required by the LDC. The wall, landscaping,
and irrigation facilities will be maintained by the property owner.
8. In addition to the otherwise applicable conditioned above, until the required wall,
landscaping, and irrigation facilities are completed, no other building permits may be
issued or approved for Phase III of the development, i.e., the subject petition.
9. Any trash enclosures constructed on Phase III, i.e., the subject petition, will be screened
from view from the Failing Waters Beach Resort property as required by the Land
Development Code (LDC).
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this 28th day of June, 2005.
ATTEST.
DWIGHT' E.,BROQK',CLERK
C Attest'Itr.- uvi-A+i�ityClerk
sipnatvre oils.
Approved as to form
and legal sufficiency:
Patrick G. White
Assistant County Anomey
RZ- 2003 -AR 4961 /MD/sp
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 7- (A)
FRED W. COYLE, CHAIRM
Packet Page -60-
This ordinoncp fi4ed with th;
Secretory of State's Office the
fQ day of --
and acknowledge ent of that
filing received is
of e day
6/24/2014 8.A.
LEGAL DESCRIPTION
A PORTION OF NOTRH %1 OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 3:
FROM THE EAST' /. CORNER OF SECTION 3, RUN WITH SECTION LINE SOUTH 0 DEGREES 41
MINUTES 31 SECONDS WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89 DEGREES 18
MINUTES 29 SECONDS WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE
WEST RIGHT -OF -WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT -OF-
WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT -OF-
WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 2647.51
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL. RIGHT -
OF -WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 440
FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00
FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 440
FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.00
FEET TO THE POINT OF BEGINNING.
PARCEL 4:
CERTAIN LANDS SITUATED IN THE NW '/. OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, STATE OF FLORIDA; FROM THE NE CORNER OF SAID
NW'/-, RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53
SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT -OF -WAY LINE OF STATE
ROAD #951; THENCE WITH SAID RIGHT -OF -WAY LINE SOUTH 35 DEGREES 40 MINUTES 8
SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT -
OF -WAY LINE STATE ROAD #90; THENCE WITH THE RIGHT -OF -WAY LINE OF STATE ROAD
#90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND
SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A
DISTANCE OF 400 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A
DISTNACE OF 220 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A
SISTANCE OF 400 FEET; THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A
SISTANCE OF 220 FEET TO THE PIONT OF BEGINNING.
CONTANINING APPROXIMATELY 6.07 ACRES
EXHIBIT "A"
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2005 -35
Which was adopted by the Board of County Commissioners on
the 28th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th day
Of July 2005.
DWIGHT E. BROCK
-Clerk of Courts and Clerk
Ex- officio tq Board of
County Commis
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By: Heidi R. Rockhold,
.'Deputy Clerk •'
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6/24/2014 S.A.
gel
6/24/2014 8.A.
May 13, 2014
Nancy Gundlach
Principal Planner
Department of Land Development Service
2800 North Horseshoe Drive
Naples, FL. 34104
Dear Ms Gundlach:
I, Nancy Iula am an owner at Falling Waters Beach Resort and I am against the
development of the north side of U.S. 41 just east of Collier Boulevard. I feel the proposal
is inappropriate and at this time and the change of property use should not be allowed.
Although, I understand the importance of development I believe we need to be aware of
over development. Being overlooked are the already too may vacant commercial
properties in the area. Before creating additional properties that can go out of business we
should examine and hopefully make use of the existing vacant sites as they are visually
unappealing.
My condo and I would be directly affected as my building is located close to the proposed
sites. The negative impact on me would include declined property value, traffic, noise,
smells, pollution and garbage that would be within 500 feet of my condo. I am concerned
that smoke from cooking and extra pollution could affect my family member that is
asthmatic. My condo property value could decrease and it could have a declined rental
appeal being located so close to another business. Additional traffic would be the cause
for traffic, driving and walking safety concerns at this already large intersection.
Thank you for this consideration.
Nancy Iula
6830 Beach Resort Drive
Naples. Fl. 34114
nancy.iula @verizon.net
Packet Page -70-
6/24/2014 8.A.
24D )) Wednesday, June 4, 2014 )) N A P L E S D A I LY NEWS
�*Ift ht MFF*ING NOTICE C
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners,
as the Board of Zoning Appeals of Collier County, will hold a public hearing on
Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, Florida.
The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as
follows:,
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR
AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411 - 5499); PERMITTED FOOD
SERVICE (5812, EATING PLACES) USES WITH MORE THAN 6,000 SQUARE FEET OF
GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED PERSONAL
SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES - 5912) WITH
MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
'STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C -3) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.03.03.C.1.c OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [CU- PL201300017681
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County manager prior to presentation of the agenda item to be 'addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to You, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tarriiami Trail East, Suite 101, - Naples, FL
34112 -5356 (239)252 -8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk (SEAL)
June 4 2014 No 2027146
Packet Page -71-