Agenda 02/28/2012 Item #17A2/28/2012 Item W.A.
EXECUTIVE SUMMARY
PL- 2011 -2649 Recommendation that the Board of Zoning Appeals approve a proposed
land use for a dental office as a permitted use in the Baldridge PUD (Ordinance Number:
02 -55).
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) determine that a dental office is a permitted use in
the Baldridge Planned Unit Development (PUD) pursuant to Section 3.3.a.33 of the PUD,
which allows for a determination of consistency and compatibility for a commercial use that is
comparable in nature with the uses allowed in the PUD.
CONSIDERATIONS:
The Baldridge PUD was approved on November 5, 2002. The subject PUD allows for a mix of
commercial land uses. It is located in the southeast quadrant of the intersection of Pine Ridge
Road and Livingston Road. The Marquesa Plaza shopping center has been constructed within
the Baldridge PUD.
The petitioner submitted a request for a Zoning Verification Letter (ZLTR -PL- 2011 -2526) to
determine if a dental office is a permitted use in the Baldridge PUD. The Standard Industrial
Classification (SIC) Code for a dental office is 8021. That SIC Code is not listed in the
permitted uses of the Baldridge PUD; therefore, in the ZLTR, the Zoning Manager determined
that a dental office is not permitted in the PUD.
The Zoning Manager also noted that Section 3.3.a.33 of the PUD permits "any other general
commercial use, which is comparable in nature with the foregoing uses, including buildings for
retail, service and office purposes consistent with the permitted uses and purpose and intent
statement of this PUD as determined by the Board of Zoning Appeals" (italics added).
Research by Zoning Services determined the following:
• A dental office is a permitted use in the General Commercial (C -4) zoning district, and
may therefore be considered a "general commercial use";
• Veterinary services (SIC Code 0742), which specifically includes dentistry for animals,
is a permitted use in the PUD; therefore, dental offices may be considered "comparable
in nature with the foregoing uses";
• The PUD does not contain a "purpose and intent statement ", but Section 3.2,
Development Emphasis, states that "the property is permitted a full array of commercial
uses as indicated in the Growth Management Plan" (GMP);
• The GMP states that within the southeast quadrant of the Livingston/Pine Ridge
Commercial Infill Subdistrict (in which the Baldridge PUD lies) "general and medical
office uses are limited to three stories with a 50 -foot maximum height "; therefore,
medical offices are clearly allowed by the GMP.
Baldridge PUD
2 -28 -12
Packet Page -1978-
2/28/2012 Item 17.A.
FISCAL IMPACT:
The proposed land use for a dental office by and of itself will have no fiscal impact on Collier
County. There is also no guarantee that a dental office will be established on the subject site. In
addition, if the use is approved, it will be located in an existing shopping center; therefore, the
existing land will not have to be developed (beyond an interior remodel) which will not result in
an impact on Collier County public facilities.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management impact associated with this determination.
LEGAL CONSIDERATIONS:
This matter has been reviewed by the County Attorney's Office and has been found legally
sufficient. An affirmative vote of four commissioners is required for approval. (STW)
RECOMMENDATION:
That the BZA determine that a dental office (SIC Code 8021) is a permitted use in the Baldridge
PUD.
PREPARED BY:
Fred Reischl, AICP, Senior Planner
Department of Land Development Services
Attachments: Exhibit "A" - Application and back -up material
Exhibit "B" - Resolution
Baldridge PUD 2
2 -28 -12
Packet Page -1979-
2/28/2012 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.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. PL-
2011 -2649 Recommendation that the Board of Zoning Appeals approve a proposed land use for
a dental office as a permitted use in the Baldridge PUD (Ordinance Number: 02 -55).
Meeting Date: 2/28/2012
Prepared By
Name: ReischlFred
Title: Sr. Planner, Land Development Services
2/3/2012 3:23:20 PM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 2/4/2012 12:07:20 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 2/8/2012 3:30:27 PM
Name: PuigJudy
Title: Operations Analyst, GNM P &R
Date: 2/9/2012 11:57:09 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 2/10/2012 4:00:49 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/15/2012 8:02:14 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Packet Page -1980-
Date: 2/16/2012 3:00:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 3:50:09 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/17/2012 4:18:05 PM
Name: OchsLeo
Title: County Manager
Date: 2/21/2012 2:59:42 PM
Packet Page -1981-
2/28/2012 Item 17.A.
Co 2/28/2012 Item 17.A.
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.collier-gov.net
PROJECT NUMBER Marquesas Plaza.
PROJECT NAME Zoning Verification Appeal- PL20110002649
DATE PROCESSED Date: 11 -28 -2011
Due: 12 -28 -2011
APPLICANT INFORMATION
NAME OF OWNER Livingston and Pine Ridge, LLC
ADDRESS 78 NE 6th Ave, Ste. 101, Delray Beach, FL 33483 -5652
TELEPHONE # 239 -274 -3888 CELL # 239-825 -6661
E -MAIL ADDRESS kemp @crcfldev.com
NAME OF AGENT /APPLICANT John N. Brugger, Esq.
FIRM Forsyth & Brugger, P. A.
ADDRESS 600 5th Ave. South, Ste. 207, Naples, FL 34102
TELEPHONE # 239- 263 -6000
FAX It 239- 274 -3963
CELLO 239 -572 -1733 FAX., 239- 263 -6757
E -MAIL ADDRESS JImgger @forsythbrugger.com
REQUEST DETAIL
Appeal of Application No. AR- ZLIR- PL2011 -2526
(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.
Application fee = $1000.00
Legal Advertising Fee = $500.00 (Legal Advertising fee is an estimated amount that will be reconciled upon
receipt of invoice from Naples Daily News)
Make check payable to the Board of County Commissioners
Packet Page -1982-
2/28/2012 Item 17.A.
Statement for Basis of Appeal
of
Zoning Verification Letter ZLTR- PL2011 -2526
The Property which is the subject of this appeal was changed from "A" Rural
Agricultural and "A -ST" Rural, Special Treatment Overlay, to "PUD" Planned Unit
Development in accordance with Ordinance NO 02 -55, as amended by Ordinance NO 07 -33
(hereinafter the "PUD ").
Uses Permitted under the PUD state "The Project will develop with uses that are
consistent with C -1 through C -4 uses as contained it the Land Development Code in effect as of
the date of adoption of this Ordinance not to exceed 125,000 square feet."
The Uses Permitted then proceeds to enumerate designated Standard Industrial
Classification ( "SIC ") codes which are permitted under the Ordinance.
Under the terms of the Ordinance, Permitted Use 433 states: "Any other general
commercial use, which is comparable in nature with the foregoing uses, including buildings for
retail, service and office purposes consistent with the permitted uses and purpose and intent
statement of this PUD as determined by the Board of Zoning Appeals.
Zoning Verification Letter ZLTR- PL2011 -2526 requested verification of the use of a
dental office which has a on the subject site. The SIC for a dental office is 8021which is a code
within subcategory of Health Services.
Under the terms of the Ordinance, Permitted Use #17 Health services SIC codes which
are specifically designated include the following codes: (groups: 8051 -8059, 8062 -8069, 8071,
8072, 8092 - 8099).
Attached as Exhibit A, is a print out of the Health Services Group SIC codes which
indicates that approved SIC Code 8062 -8069 includes use as a General Medical and Surgical
Hospital.
Further, the PUD specifically includes SIC code 0742: veterinary services which includes
dentistry for animals as a permitted use.
Approval of the Property for use as a dental office would not cause the property to violate
any provision of the land development code or PUD including required parking spaces and
should be considered a general commercial use under the terms of the PUD and are consistent
with the uses approved therein.
Packet Page -1983-
2/28/2012 Item 17.A.
WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Bruce Anderson, of
Young, vanAssenderp, Varnadoe and Anderson, PA, representing Baldridge Development Inc.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural
and "A -ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number
91 -102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 5th day of Nov m —2002.
ATTI
OWIGiQ:8 -BROCIC, CLERK
A x 'tt to Chqirva,t
A?proVU'eQ% 1Yerm
and Legal Sufficiency
Marjorie N. Student �-
Assistant County Attorney
BOARD OF COUNTY OMMISSIONERS
COLLIER O
BY:
JAMES N. COLETTA, CHAIRMAN
Packet Page -1984-
This ordinance filed with the
Secretory of Stote's Office the
day of ZW
and acknowledgement of that
filing received this Zist day
of D
By Deputy Gar
ORDINANCE NO. 02- 5 5 ' 77
�.�2122 �
-' `
�►
AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
L
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
�►
NUMBERED 9618N BY CHANGING THE ZONING
e8l0sa4�ti�
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" AND "A -ST" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS THE BALDRIDGE PUD LOCATED
IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 16.8 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Timothy L. Hancock, AICP, of VanasseDaylor, Inc., and R. Bruce Anderson, of
Young, vanAssenderp, Varnadoe and Anderson, PA, representing Baldridge Development Inc.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural
and "A -ST" Rural Agricultural, Special Treatment Overlay, to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance Number
91 -102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 5th day of Nov m —2002.
ATTI
OWIGiQ:8 -BROCIC, CLERK
A x 'tt to Chqirva,t
A?proVU'eQ% 1Yerm
and Legal Sufficiency
Marjorie N. Student �-
Assistant County Attorney
BOARD OF COUNTY OMMISSIONERS
COLLIER O
BY:
JAMES N. COLETTA, CHAIRMAN
Packet Page -1984-
This ordinance filed with the
Secretory of Stote's Office the
day of ZW
and acknowledgement of that
filing received this Zist day
of D
By Deputy Gar
2/28/2012 Item 17.A.
BALDRIDGE
A
PLANNED UNIT DEVELOPMENT
Regulations and supporting Master Plan governing the Baldridge PUD, a Planned Unit Development
pursuant to provisions of the Collier County Land Development Code
PREPARED FOR'
Kenneth R. Baldridge
C. Allen Kann
PREPARED BY'
Tim Hancock, AICP
VanasseDaylor
3001 Tamiami Trail North, Suite 206
Naples, FL 34103
941.403.0223
R. Bruce Anderson, Esq.
Young, van Assenderp, Varnadoe & Anderson, PA
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
941.597.2814
May 20, 2002
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
AMENDMENTS AND REPEAL:
EXHIBIT "A"
Packet Page -1985-
List of Exhibits and Tables
Statement of Compliance & Short Title
Section I
Section If
Section III
Section IV
2/28/2012 Item 17.A.
TABLE OF CONTENTS
Legal Description, Property Ownership And General Description 1
Project Development 2
Commercial Areas Plan 4
General Development Commitments
Packet Page -1986-
7
2/28/2012 Item 17.A.
LIST OF EXHIBITS AND TABLES
EXHIBIT A: PUD Master Plan
EXHIBIT B: Boundary Survey
EXHIBIT C: Conceptual Water Management Plan
EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section
i.
Packet Page -1987-
2/28/2012 Item 17.A.
STATEMENT OF COMPLIANCE AND SHORT TITLE
The Baldridge Planned Unit Development (PUD) consists of t 16.8 acres of land situated at the
Southeast corner of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida,
and designated as the Livingston / Pine Ridge Commercial Infill Subdistrict in the Collier County Growth
Management Plan.
1. The development of this Project will be in compliance with the planning goals and objectives of Collier
County as set for the in the County's Growth Management Plan.
2. The Project includes retail and office uses consistent with the Livingston /Pine Ridge Commercial Infill
Subdistrict of the Collier County Growth Management Plan and the Collier County Land Development
Code.
3. The Project location, immediately Southeast of the intersection of Livingston Road and Pine Ridge
Road, will allow access to Livingston Road and Pine Ridge Road, as well as, providing a connector
road to improve emergency access to and from Livingston Road. In addition, the PUD Master Plan
identifies a reservation of right -of -way for a future east / west road.
4. The Project will be served by and approved by the Collier County Utilities Division.
5. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering
where dissimilar land uses are located adjacent to each other.
6. All final local development orders for this Project are subject to the Collier County Adequate Public
Facilities Ordinance.
SHORT TITLE
This Ordinance shall be known and cited as the " Baldridge Planned Unit Development Ordinance ".
Packet Page -1988-
2/28/2012 Item 17.A.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property to be developed under the project name of the
"Baldridge PUD."
1.2 LEGAL DESCRIPTION
The subject property being t 16.8 acres, is described as:
LEGAL DESCRIPTION
THE WEST Yz OF THE NORTHWEST '/. OF THE NORTHWEST '/. OF SECTION 18,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA less parcel 111
described in the Public Records of Collier County, Florida and recorded at O.R. Book 2667, Page
3063 and Parcel 811A described in the Public Records of Collier County, Florida and recorded at
O.R. Book 2667, Page 3065 for road rights -of -way.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Pine Ridge Golf Center
3350 Pine Ridge Road
Naples, Florida 34109
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The Project site is located in Section 18, Township 49 South, Range 26 East, immediately south
and east of the intersection of Pine Ridge Road and Livingston Road in Collier County, Florida.
The zoning classification of the subject property prior to the date of this approved PUD Ordinance
was "A" Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The proposed site consists of t 16.8 acres, and is proposed to utilize a dry detention swale for
water quality storage and a combination of detention areas and on -site preserve areas for water
quantity storage. The control elevation is proposed as 12.0 feet NGVD. The Project falls within
the 1 -75 Canal Basin with a restricted allowable discharge of 0.06 CFS per acre per Collier county
Ordinance 90 -10 requirements. The project is located outside of FEMA mapping limits.
1.6 PROJECT DESCRIPTION
The Project will consist of +/ -15 acres of commercial and/or professional office development. The
site plan has been configured to take advantage of the location and to maintain market flexibility
for future development. The plan allows for either a single use development or multiple uses on
the property.
1
Packet Page -1989-
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
2/28/2012 Item 17.A.
The purpose of this Section is to delineate and generally describe the Project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the Project, as well as other Project relationships.
2.2 GENERAL
Regulations for development of the Baldridge PUD shall be in accordance with the
contents of this Document, PUD - Planned Unit Development District and other applicable
sections and parts of the Collier County Land Development Code and Growth
Management Plan in effect at the time of approval of a preliminary subdivision plat, site
development plan, or building permit, as applicable. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in the
County Land Development Code shall apply.
b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in Collier County Land Development Code in effect at the time of building permit
application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Baldridge PUD shall become part of the regulations, which govern
the manner in which the PUD site may be developed.
d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the
Land Development Code where applicable, remain in full force and effect with respect to
the development of the land, which comprises this PUD.
e. Development permitted by the approval of this Petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities.
f. The petitioner's property is located outside an area of historic /archaeological probability
as designated on the official Collier County Probability Map. Therefore, no
historic /archaeological survey and assessment is required. Pursuant to Section
2.2.25.8.1 of the Land Development Code, if during the course of site clearing,
excavation or other construction activity, an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project Development Plan, including layout of streets and use of land for the various tracts, is
illustrated graphically by Exhibit "A," PUD Master Plan. The PUD Master Plan also illustrates
necessary water management lakes or detention areas and the general configuration of street
rights -of -way. The Project will contain a maximum of 125,000 square feet of retail and /or office
development.
2
Packet Page -1990-
PRESERVE AREA
RIGHT -OF -WAY / COMMON AREAS
COMMERCIAL AND RETAIL AREAS
OPEN SPACE AND WATER MANAGEMENT AREAS
60' RESERVATION OF ROW
TOTAL:
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
2/28/2012 Item 17.A.
±1.8 acres
t 2.3 acres
±10.8 acres
t 1.3 acres
t 0.6 acres
± 16.8 acres
a. Prior to the recording of a Record Plat, and /or Condominium Plat for all or part of the
PUD, final plans of all required improvements shall receive approval by the appropriate
Collier County governmental agency to ensure compliance with the PUD Master Plan, the
Collier County Subdivision Code, and the platting laws of the State of Florida.
b. Exhibit "A ", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if
applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts or parcels of land, as
provided in said Division, prior to the issuance of a building permit or other development
order.
d. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of common
facilities.
2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN
Amendments may be made to the PUD and PUD Master Plan in accordance with Section 2.7.3.5
of the Collier County Land Development Code.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and /or recreation amenities whose ownership
and maintenance responsibility is a common interest to all of the subsequent purchasers of
property within said Development in which the common interest is located, that developer entity
shall provide appropriate legal instruments for the establishment of a Property Owners'
Association whose function shall include provisions for the perpetual care and maintenance of all
common facilities and open spaces, subject further to the provisions of the Collier County Land
Development Code, Section 2.2.20.3.8.
3
Packet Page -1991-
SECTION 111
COMMERCIAL AREAS PLAN
3.1 PURPOSE
2/28/2012 Item 17.A.
The purpose of this Section is to identify the type of commercial uses and development standards
that will be applied to the areas so designated as "C" Commercial on the PUD Master Plan
(Exhibit "A ".)
3.2 DEVELOPMENT EMPHASIS
The Project is bordered by Livingston Road on the west, and the northern property line borders
Pine Ridge Road. The subject property is permitted a full array of commercial uses as indicated
in the Growth Management Plan, and as such, this Document and the uses contained herein, are
consistent with the Collier County Growth Management Plan.
3.3 USES PERMITTED
The Project will develop with uses that are consistent with C -1 through C -4 uses as contained in
the Land Development Code in effect as of the date of adoption of this Ordinance not to exceed
125,000 square feet. More specifically, no building or structures or part thereof, shall be erected,
altered or used, or land used, in whole or part, for other than the following:
a. Permitted Uses
1. Amusements and recreation services, indoor (groups 7911 -7929, 7991 - 7993,7997);
group 7999 uses are not permitted except for golf professionals, gymnastics
instruction, judo instruction, karate instruction, tennis professionals, and yoga
instruction).
2. Automotive dealers and gasoline service stations (groups 5531, 5541 with services
and repairs as described in section 2.6.28).
3. Apparel and accessory stores (groups 5611 - 5699).
4. Auto and home supply stores (5531).
5. Automotive repair, services, parking (groups 7514, 7515,7521)
6. Building materials, hardware and garden supplies (groups 5231 - 5261).
7. Business services (groups 7311 -7352, 7361 -7397 except armored car, dog rental
and labor pools, 7384, 7389 except auctioneering, bronzing, field warehousing,
salvaging of damaged merchandise).
8. Commercial printing (2752, excluding daily newspapers).
9. Communications (groups 4812 -4841) except communication towers.
10. Eating establishments (5812).
11. Engineering, accounting, research, management and related services (groups 8711-
8748).
12. Food stores (groups 5411 - 5499).
13. Fueling locations without convenience commercial uses, only when located with
another permitted use. No diesel fuel sales.
14. General merchandise stores (groups 5311 - 5399).
15. Glass and glazing work (1793).
16. Group care facilities (category I and 11, except for homeless shelters); care units,
except for homeless shelters; nursing homes; assisted living facilities pursuant to
state statute 400.402 F.S. and ch. 5BA -5 F.A.C.; and continuing care retirement
communities pursuant to state statute 651 F.S. and ch. 4 -193 F.A.C.; all subject to
Section 2.6.26 of the Land Development Code.
17. Health services (groups 8051 -8059, 8062 -8069, 8071, 8072, 8092- 8099).
4
Packet Page -1992-
2/28/2012 Item 17.A.
18. Home furniture, furnishing and equipment stores (groups 5712 - 5736).
19. Hotels and motels (groups 7011, 7021).
20. Miscellaneous repair services (groups 7629 - 7631).
21. Miscellaneous retail (groups 5912 -5963, except pawn shops and second hand
clothing stores; 5992 - 5999).
22. Non - depository credit institutions (groups 6111 - 6163).
23. Paint, glass and wallpaper stores (5231).
24. Personal services (groups 7212, 7215 -7217, 7219, 7221 -7251, 7261 except
crematories, 7291 -7299 except tattoo parlors and escort services).
25. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611-
9661).
26. Retail nurseries, lawn and garden supply stores (5261).
27. Real estate (group 6512).
28. Social services (groups 8322 -8399, except for homeless shelters and soup kitchens).
29. Veterinary services (groups 0742, 0752 excluding outside kenneling).
30. Videotape rental (7841).
31. Vocational schools (groups 8243 - 8299).
32. United States Postal Service (4311 except major distribution centers).
33. Any other general commercial use, which is comparable in nature with the foregoing
uses, including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of this PUD as determined by the
Board of Zoning Appeals.
b. Accessory Uses
1. Uses and structures that are accessory and incidental to the uses permitted as of
right in this District.
2. Caretaker's residence, subject to Section 2.6.16 of the Land Development Code.
3.4 DEVELOPMENT STANDARDS
a. Minimum Lot Area: 10,000 square feet.
b. Minimum lot width: 100 feet.
C. Minimum Yard Requirements:
1. Along Pine Ridge Road:
25 feet.
2. Along Livingston Road:
25 feet.
3. Along South property line:
50 feet.
4. Along Eastern property line:
25 feet.
d. Minimum Yards (internal):
1.
Front yard:
15 feet.
2.
Side Yard:
10 feet
3.
Rear Yard:
20 feet.
4.
Waterfront:
25 feet.
e. Maximum height: Building height is limited to one story with a 35 -foot maximum for
all retail and general commercial uses. General and medical
office uses are limited to three stories with a 40 -foot maximum
height.
f. Minimum floor area: 700 square feet gross floor area on ground floor.
5
Packet Page -1993-
2/28/2012 Item 17.A.
g. Minimum off - street parking and off - street loading: As required in Division 2.3 of the Collier
County Land Development Code. The parking requirements shall be calculated over the
entire site so that each free - standing use shall not be required to provide 100% of the
Land Development Code's minimum parking on its site, provided the total parking for the
Project meets or exceeds the minimum parking required for the combined land uses.
h. Landscaping: As required in Division 2.4 of the Collier County Land Development Code.
Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and
hazardous interference with automotive and pedestrian traffic on adjacent streets and all
adjacent properties.
Signs:
1. Out - parcels shall be permitted one pole or two ground signs in accordance with
Section 2.5.5.2.1.1. of the Land Development Code provided each developable
parcel has a minimum of 125 feet of frontage on Pine Ridge Road or Livingston
Road. In no event shall more than three out - parcel signs be permitted along Pine
Ridge Road.
2. All other project signage will comply with Division 2.5 of the Collier County Land
Development Code.
k. Architectural and site design standards. All buildings and projects shall be subject to the
provisions of Division 2.8 of the Land Development Code.
Off site removal of earthen material: The excavation and stockpiling of earthen material in
preparation of water management facilities or to otherwise develop water bodies is
hereby permitted during construction of buildings or infrastructure. If a surplus of earthen
material exists, then its off -site disposal is also hereby permitted, subject to the following
conditions:
1. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code, whereby
off -site removal shall be limited to 10% of the total, up to a maximum of 20,000
cubic yards.
2. All other provisions of said Division 3.5 are applicable.
R
Packet Page -1994-
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
2/28/2012 Item W.A.
The purpose of this Section is to set forth the development commitments for the development of
the Project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with approved Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to
this PUD. Except where specifically noted or stated otherwise, the standards and specifications
of Division 3.2 of the Land Development Code shall apply to this Project even if the land within
the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for
the commitments outlined in this Document.
The Developer, his successor or assigns, shall follow the Master Plan and the regulations of the
PUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property. In addition, any successor or assignee in title to the Developer is bound by
commitments within this Document.
4.3 PUD MASTER PLAN
a. Exhibit W', PUD Master Plan, illustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land -use boundaries or special land use boundaries shall
not be construed to be final and may be varied at any subsequent approval phase, such
as final platting or site development plan application. Subject to the provisions of Section
2.7.3.5 of the Land Development Code amendments may be made from time to time.
b. All necessary easements, dedications, or other instruments shall be granted to ensure
the continued operation and maintenance of all service utilities and all common areas in
the Project.
4.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION
a. The Project is proposed to start construction of infrastructure in the Fall of 2002. Should
the Project not develop in a single phase, the absorption of the entire Project is based
upon a mix of office and retail uses and is estimated to take seven to ten years.
b. This Project shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
C. Common areas, including areas devoted to water management facilities will be dedicated
to a common property owners' association, if applicable, for purposes of maintenance
and care.
d. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier
County Land Development Code.
4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE /REGULATIONS
a. Section 3.2.8.4.16.5 of the Land Development Code
Street right -of way: Roads within the Project will be designed and built as private roads
with no maintenance responsibility by Collier County. These roads shall have a right -of-
way width of 50 feet. Pavement width shall be a minimum of 24 feet for two -way traffic.
7
Packet Page -1995-
2/28/2012 Item 17.A.
b. Section 3.5.7.1.2 of the Land Development Code
Internal roads that run parallel to water management lakes or detention areas shall be
located a minimum of 20 feet from the top of bank or control elevation, whichever is
greater.
C. Section 3.2.8.3.17 of the Land Development Code
In the event of multiple lots within the development, sidewalks will be provided on one
side of internal roadways in order to provide pedestrian access to and from out - parcels.
4.6 TRANSPORTATION
a. All traffic control devices used must be in accordance with the Standards adopted by the
Florida Department of Transportation (FDOT), as required by Florida Statutes - Chapter
316 Uniform Traffic Control Law.
b. Arterial level street lighting must be provided at all development points of ingress and
egress. Said lighting must be in place prior to the issuance of the first permanent
Certificate of Occupancy.
C. External and internal improvements determined by Collier County staff to be essential to
the safe ingress and egress to the development will not be considered for impact fee
credits. Said improvements will be in place prior to the issuance of the first Certificate of
Occupancy.
d. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01 -13, as
amended.
e. All median openings and driveway locations must be in accordance with the Land
Development Code (LDC), and Access Management Policy, as amended. Median
access and control will remain under the County's authority. The County reserves the
right to modify or close all median openings that have been determined by Collier County
Staff to have an adverse effect relevant to operational circulation, safety conditions, or
concerns.
f. Nothing in any development order will vest the right of access over and above a right in/
right out condition. Neither will the existence, or lack of a future median opening be the
basis for any future cause of action for damages against the County by the Developer, its
successor in title, or assigns.
g. Interconnection(s) may be required by Collier County Staff, as a condition of site
development plan approval.
h. The Developer shall be responsible for the cost of a traffic signal system at any
development entrance(s), if a traffic signal system is ever determined to be warranted
and approved by the County. If warranted, upon the completion of the installation,
inspection, burn -in period, and final approval /acceptance of said traffic signal it will be
turned over (for ownership) to Collier County, and will then be operated and maintained
by Collier County Transportation Operations Department.
i. The development will be designed to promote the safe travel of all roadway users
including bicyclists, and will provide for the safety of pedestrians crossing said roadways.
Pedestrian travel ways will be separated from vehicular traffic in accordance with
recognized standards and safe practices, as determined by Collier County Staff.
j. When ingress and egress improvements are determined necessary, right -of -way and
compensating right -of -way will be provided for and in conjunction with said
improvements.
k. All work within Collier County right -of -way will meet the requirements of Collier County -
Ordinance No. 93 -64.
I. All internal access ways, drive aisles and roadways, not located within County right -of-
way will be privately maintained by an entity created by the Developer, its successor in
title, or assigns.
D
Packet Page -1996-
2/28/2012 Item 17.A.
M. The points of ingress and /or egress via Pine Ridge Road will be limited to two locations
on the north side of the PUD. The westernmost location shall be limited to a single point
of ingress only (a west approach protected right turn lane). The easternmost location is
limited to a west- approach protected right -turn lane, an east - approach protected
directional left -turn lane, and a south - approach right- turn -only lane from the site. Due to
the limited frontage of the Project, no other access points will be permitted from and onto
Pine Ridge Road.
n. Access onto Livingston Road shall be limited to a single point of ingress and egress near
the southwest corner of the property (full median opening with a south - approach
protected right -turn lane, north- approach protected left -turn lane, and east - approach left -
turn and right -turn lanes from the site). Upon review and approval by the Transportation
Services Administrator of a warrant -study prepared by the Developer for a traffic signal at
the Livingston Road access, an additional Livingston Road point of egress shall be
permitted near the northwest corner of the property (right- turn -only from the site). The
Developer may submit a study, for the review and approval of the Transportation
Services Director, demonstrating that the 860 -foot protected right -turn lane onto
Livingston Road is not needed and may be reconfigured into two protected right -turn
lanes (one protected right -turn lane for Livingston Road at Pine Ridge Road and one
protected right -turn lane near the northernmost egress point from the site).
o. If at any time, the northernmost egress point onto Livingston Road is determined to be
unsafe by the Transportation Services Director, the County shall require the Developer to
close the point of access to ensure the public safety. Each annual PUD Monitoring
Report shall include a detailed Crash Data Report for operational conditions for the
northernmost access point on Livingston Road.
p. The 60 -foot east -west right -of -way depicted on the Master Plan shall be conveyed to
Collier County without further compensation at a time determined by the Transportation
Services Administrator.
4.7 WATER MANAGEMENT
a. In accordance with the Rules of the South Florida Water Management District ( SFWMD),
Chapters 40E -4 and 40E -40, this Project shall be designed for a storm event of 3 -day
duration and 25 -year return frequency and shall be reviewed and permitted by the
SFWMD unless dedicated to Collier County by SFWMD.
4.8 UTILITIES
a. County water service is available via a 12" water main located along Pine Ridge Road.
The Developer is responsible to tap the main to provide both potable water and fire
fighting capability to the site.
b. County sewer service is available via an 8" force main located along Pine Ridge Road.
The Developer is responsible for providing the necessary connections to supply the site
with County sewer service.
C. All facilities extended to the site and which lie in platted rights -of -way shall be owned and
maintained by the Collier County Water /Sewer District. The facilities, whether owned by
the District or privately owned, shall be reviewed and installed in accordance with the
requirements of Collier County Ordinance No. 97 -17 and all federal, state and other
existing rules and regulations.
4.9 ENGINEERING
a. If the property is subdivided into three or more parcels, a plat shall be required.
b. Work within the Collier County right -of -way shall meet the requirements of Collier County
Right -Of -Way Ordinance No. 93 -64, as amended.
Packet Page -1997-
2/28/2012 Item 17.A.
4.10 ENVIRONMENTAL
a. An appropriate portion of the native vegetation shall be retained on site as required in
Section 3.9.5.5.4. of the Collier County Land Development Code. For this site a minimum
of 15 percent of the pre - development native vegetation shall be retained onsite or
revegetated in accordance with said Section 3.9.5.5.4, totaling 1.85 acres.
b. An exotic vegetation, monitoring, and maintenance (exotic -free) plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to Current Planning
Section Staff for review and approval prior to final site plan /construction plan approval.
4.11 LANDSCAPING FOR OFF - STREET AREAS
All landscaping for off - street parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
10
Packet Page -1998-
Q)
o
0
O
°o
0
N
o
I I
,
o
^
N
Wee3
0
W
o
�O
u
U
L
rn
V
0
t
J
W
U
d
IL
m
!Q
i
N
W
N
D
z
e
r
L
n�
a
ine
.L O
lli
— 2/28/2012 Item 17.A.
u M
w H UL
v °.
z
I
I I
I�
I � I
I I
I I
4 I II
III ll
I I it
p i I II
-o
cc
i
Oo
+-
o
O
°o
J
IC
J
�O
u
`OO h
L
rn
L
n�
a
ine
.L O
lli
— 2/28/2012 Item 17.A.
u M
w H UL
v °.
z
I
I I
I�
I � I
I I
I I
4 I II
III ll
I I it
p i I II
-o
cc
i
Oo
+-
o
O
°o
J
�O
`OO h
m
rn
III II Ell
II II
Cd
C cd
Cz
0
EXHIBIT "A"
s
Packet Page - 1999 - 59:90 ZOOZILDIOL•6Mpe 1! Q! 4x309LOC\ OBL09 \LOC\sl3aloJ &s6MMJOAJas- sa!deryp
G."-,.j .wojw01901EMH hom RwAw.02a"w.o g, 03fW2DG202:18:24 PM
r
i
f
F!
r
1
■vAr
Packet Page -2000-
2/28/2012 Item W.A.
9
I
a
Lt
I 2/28/2012 Item 17.A.
- - - - - - R1- -A ID - - - _ - -
I„
I
I�
II
Z;wee DEwL~Nr. we.
D ira
,,wd WA "N'l a ro
r !01115. w RU,
I
Ln
C
oM
'D
n D
rb 4
O Z
10 ti
n=
I II
I II
I II
I II •�
I II
0
II II
I II
1 I
I
i oo
!I _
II
II
II
II I
II i
i
II
II
II
n �
--- I?
�� II
D O
a C
� as
m
r
—._ L
gD�
2
2 ,�h
O
2
DRY DMNT)ON —
Z;wee DEwL~Nr. we.
D ira
,,wd WA "N'l a ro
r !01115. w RU,
Ln
oM
'D
R°
rb 4
O Z
10 ti
n=
a (7
• m
Z
eyuoa�DaE rr� Puo
csor.r &dr n,.. Wwr+ ban
MCM., 10�In,NI*- o t Am" a r
°'
gD�
2
2 ,�h
O
2
z
o
� � t
o u
u
a
7
m
�m
z �o
ti
1 \(Z T
t O
C
n
n
a•
0
a�
on
oti
a♦
pa p
Z
v. o
� D
rn
h Q Q
g $ Lr)
fb .,
r
DRY DMNT)ON —
Z;wee DEwL~Nr. we.
D ira
,,wd WA "N'l a ro
r !01115. w RU,
!r �.
R°
rb 4
{
n=
z
o
� � t
o u
u
a
7
m
�m
z �o
ti
1 \(Z T
t O
C
n
n
a•
0
a�
on
oti
a♦
pa p
Z
v. o
� D
rn
h Q Q
g $ Lr)
fb .,
r
Vanasse MM =A— =r
Daylor .�,. --
�.. —
Z;wee DEwL~Nr. we.
D ira
,,wd WA "N'l a ro
r !01115. w RU,
— _ - --
eyuoa�DaE rr� Puo
csor.r &dr n,.. Wwr+ ban
MCM., 10�In,NI*- o t Am" a r
°'
a---
.
Packet Page -2001- FXH I RIT forgo
2/28/2012 Item 17.A.
R/W LINE
R/W P10'P.U.E.
2' CONC.
VALLEY CUTTER Z' CONC.
35' R/W VALLEY GUTTER
5 1 _ t21_ PAVEMENT PAVEMENT, I� SOOU.E.
SLOPE .04'/FT.
1 -1/2 TYPE S -Ill
ASPHALTIC CONCRETE
T J3E PLACED IN TWO
% LIFTS)
r-NC SLOPE .04'/FT, NC
SLOB' SLR E_02'/FT. SLOPE .0�'FT. SLOPE .04'/FT. 4.
500
SOD
8' LIMEROCK 12' STABILIZED SUBGRADE
BASE (MIN. (MIN. LOR - 40)
LBR - 100)
TYPICAL ROAD SECTION- 35' RIW
N.T.S.
EL. 0.5
ST PLANTING
STRIP �
1 I 4;
IMAXIMUM SLOPES SHOWNJ
LITTORAL PLANTING
2
TYPICAL LAKE SECTION
N. T.S
"*
AS ! DATEWM
G. 18-01
11730 New aduaaf. SYIIa 000
M& aoa
felt Myer. rL 32007
40150 -SP
PAoaa: (041) 437 -4001
NAM or
Pue 041 477 -4030
WAS
L -M.U: admin *•.ndaLeom
CONTROL ELEV.
• 3.0
12' (MAX)
�na - AM 11"
MLDRM DEYSA -wir W. MAL SMW
I IM WACNEM ROW IM
of snKe xa.1 or f
raLKet Page -2002-
2/28/2012 Item 17.A.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002 -55
Which was adopted by the Board of County Commissioners on
the 5th day of November, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th day
of November, 2002.
DWIGHT E. BROCK ..... '',,
Clerk of Courts and-,C
Ex- officio to Boar'
County Commission48
By: Ellie Hoffman,
Deputy Clerk
Packet Page -2003-
2/28/2012 Item 17.A.
Growth Management Division
Planning Regulation Land .- ,p
November 17, 2011
John N. Brugger
Forsyth & Brugger PA
6005 th Avenue South, Suite 207
Naples, FL 34102
Re: Zoning Verification Letter ZLTR- PL2011 -2526; Marquesas Plaza; 13020 Livingston Rd.; it
Section 18, Township 49 South, Range 26 East, Collier County, Florida. Property ID /Folio No:
00287480003.
Dear Mr. Brugger:
Thank you for your request for Zoning Verification received on November 8, 2011. The subject
property is zoned Planned Unit Development (Baldridge PUD) and is designated as
Livingston /Pine Ridge Commercial Infill (UPRCI) Subdistrict on the Future Land Use Map of the
Growth Management Plan (GMP).
You requested verification of the use of a dental office on the subject site.
The Standard Industrial Classification (SIC) Code for a dental office is 8021. This SIC Code is
not listed as a permitted use within the Baldridge PUD. Because of this, it is the
determination of the Zoning Manager that "dental office" is not permitted within the
Baldridge PUD.
However, the PUD permits "any other general commercial use, which is comparable in nature
with the foregoing uses, including buildings for retail, service and office purposes consistent
with the permitted uses and purpose and intent statement of this PUD as determined by the
Board of Zoning Appeals (BZA)." To initiate an Appeal of this Administrative Decision to the
BZA please contact the Office of the County Manager (239- 252 - 8383).
In consideration of the above, the following information is offered: dental office is a permitted
use in the General Commercial (C-4) zoning district, and may therefore be considered a
"general commercial use "; veterinary services (SIC Code 0742), which specifically includes
dentistry for animals, is a permitted use in the PUD; therefore, dental offices may be
considered "consistent with the foregoing uses "; and, although the PUD contains no specific
Purpose and Intent Statement, the wording "retail and office uses consistent with the UPRCI
Subdistrict" is included in the PUD's Statement of Compliance.
In addition, the GMP states that the intent of the UPRCI Subdistrict is to provide "shopping,
personal services and employment for the surrounding residential areas ". The GMP also states
that within the southeast quadrant of the UPRCI Subdistrict "general and medical office uses
are limited to three stories with a 50 foot maximum height "; therefore, medical offices are
to"
Department of Land Development Services , 2800 North Horseshoe Drive • Naples, FL 34104 • 239 -252 -2400 , www.colliergov.net
Packet Page -2004-
2/28/2012 Item 17.A.
clearly allowable in the GMP.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code 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 Land Development Code or related ordinances.
Should you require further information or have any questions, please do not hesitate to contact
meat (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by:
Fre° ischl, AICP, Senior Planner
Land-Development Services
cc: Peggy Jarrell, Addressing Section
Reviewed by:
Raymc6d V. Bellows, Zoning Manager
Land Development Services
Packet Page -2005-
3
z
(R V
y n H
y LO m
!0
= a`
Gi
C, 13
°O n O
S U
H
W
k
d
� � c
°1 0
W �
0 v u
� Z
G
a
p1
_G
G
ro
T� H
A
(„J u
v
CIS ro
v �
Q
cz
N
� u
(A 111
U
_N
Z
N
�r '."..' L-- ol
Q%
7t J1 —
1.0 ! f Q V h
` Cp
o
r
r °
r _ E c C?
® a Z Q a 5,
m
V
N
u ro Q
Q
U
G.
fa V)
E — m
f6 E
L °
ro C Q
4J ro
CL Y
Q Q Ln
Ln L V
� O
V) in
O !_
L
o G
L L
cu V �
.1+
a > >
ro
(O
'Q^
T
v7
O
y
N
G
V
°
ro
W
in
O
0
u
N
N
va
u
t
O
V
m
0
m
E
c
U
O
z
a�
c
0
D.
E
N
V)
N
E
O
7
v
m
io
N
C
v
N
d
ru
W
o.
V
0
O
E
4C-
C
0
a
d
Ui
0
N
N
U
O
O
C
r
3
z
m
O N
�oo
O oo
U
O co
N ..
C Q�
L
N Q
C � �
a=
�o
v
= N
f"1
d O
cD
Nco
f0 c
N O
m .c
c a
o v
a�
�r
n
u
O
O
a
J
O
N
m
0
ITI
0
N
M
N
I
1�.
v
i
O
N
4A
m
CL
( '
U �
fu
CL
FYI
Ln
V)
O
bA
.rr
Q1 �
G N
G Ln ±'
U G 7
L V d
4 Z
E V— �
G
o ro
V
E vi N m
0 an
>
V
°
V)
V = W LO
N
ro
Q7+—� O
7
u
p — U L
N O
fa
N G � E
E¢
ro L ) ai
Uj Q
v
U
= CL
Q L
N N ' N
m
V)
oQ46>
E :L' V) °
_G
: G
ra
Eros
G
L
LO CL-- , -^y R
ro T
N
cn,N
N V) O V N n
V C w O
CD
LO oE) E�
L i v
it. in
G
m ++ N Q G
G
°
G cu
v A vi O a)
�
N
�
VI
I� Y!1 N G s_ m
s
0 WamaU
m
V
N
u ro Q
Q
U
G.
fa V)
E — m
f6 E
L °
ro C Q
4J ro
CL Y
Q Q Ln
Ln L V
� O
V) in
O !_
L
o G
L L
cu V �
.1+
a > >
ro
(O
'Q^
T
v7
O
y
N
G
V
°
ro
W
in
O
0
u
N
N
va
u
t
O
V
m
0
m
E
c
U
O
z
a�
c
0
D.
E
N
V)
N
E
O
7
v
m
io
N
C
v
N
d
ru
W
o.
V
0
O
E
4C-
C
0
a
d
Ui
0
N
N
U
O
O
C
r
3
z
m
O N
�oo
O oo
U
O co
N ..
C Q�
L
N Q
C � �
a=
�o
v
= N
f"1
d O
cD
Nco
f0 c
N O
m .c
c a
o v
a�
�r
n
u
O
O
a
J
O
N
m
0
ITI
0
N
M
N
I
1�.
v
i
O
N
4A
m
CL
( '
U �
fu
CL
FYI
Ln
V)
O
bA
.rr
4-�
O
N
cd
0*
N
Q�
Q
O
U
0i
U
U
0
N
C
i--I
_o
U
N
r
4--
O
O U O O
Ln a us o
U 0 u 0 aoi
a v o u o v
O V . U O
M N O O O v
C N V Vi C)1 lri O
r
'O O� O fil' 0 In c
0 in Ln N i6 - O C O� O
V C L 0
O LA
O
U a o w 0 0 a a a`
i
U
m
0
E
y, o
o
N
Q
u �
0
o c
iz
z
� z
c
C- O N
E 7�
_ c 01 co
A U �
N
om
v c O
O % Q
N N
V G
i av)
Cl
o
d
yO i
U d$ O
t0 �
c
L
C n
E � �
v n
m �
T
V O
d a
� J
OS O
u c
f v
m
In
a L4
C
O
E
ti
0
0
a
d
LL
N
r-,
�r
O
I7 :,
O
0
N
G1D
a
Y
V I
CL
Cd
O
Er-
�I
O
bA
.Sy
i
x
41
tfy
e+
LL1'
~
U
3
p�
3
a
CU
c
a�
z
Vl
�
A
L
R
to
?�
E
cn m
=
a
V
r'C
E
ec
O
H
LL
O
LU
Ln
N
LU
-
cu
z
—
s
x
v
°—'
V)
N
�
O
S
°
v
�
z
�
it
N
CT (E
c
CL
c
c
V
O
y
L.U)
Ln
LO Ln
W
M
O
O�
0
oN
z
O c
0
.0
acct
G
w 0)
U
N C
cn
11.1
_V)
1�
c
0
0) Ln
cu
EA
En
N Ln
U
v
+L+
0L1
c
C
Q
7
Z14
`G
in
1t
C)
N
0
'Q O.2
u I e
v
0
a a, .
0
U
i
4 CA M
CD
00
O Q �u'+
'
0
En
N
V i
OL
v
C V C
CL
O
`00
=
V
E
o`�
O
Mn
(Jf
u
_
cn a
-4
M
H
CO
W V
4--
O
O U O O
Ln a us o
U 0 u 0 aoi
a v o u o v
O V . U O
M N O O O v
C N V Vi C)1 lri O
r
'O O� O fil' 0 In c
0 in Ln N i6 - O C O� O
V C L 0
O LA
O
U a o w 0 0 a a a`
i
U
m
0
E
y, o
o
N
Q
u �
0
o c
iz
z
� z
c
C- O N
E 7�
_ c 01 co
A U �
N
om
v c O
O % Q
N N
V G
i av)
Cl
o
d
yO i
U d$ O
t0 �
c
L
C n
E � �
v n
m �
T
V O
d a
� J
OS O
u c
f v
m
In
a L4
C
O
E
ti
0
0
a
d
LL
N
r-,
�r
O
I7 :,
O
0
N
G1D
a
Y
V I
CL
Cd
O
Er-
�I
O
bA
.Sy
i
2/28/2012 Item 17.A.
RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA APPROVING A DENTAL OFFICE AS
A PERMITTED USE IN THE BALDRIDGE PUD. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land'Development Code (LDC)
(Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on November 5, 2002, by Ordinance 2002 -55, the Board of County Commissioners
of Collier County approved a Planned Unit Development (PUD) known as the Baldridge PUD (Exhibit
A) for the subject property; and
WHEREAS, the Baldridge PUD does not currently expressly contain the Standard Industrial
Classification (SIC) code for dental offices; and
WHEREAS, Section 3.3.a of the Baldridge PUD provides for certain permitted uses,
including Subsection 3.3.a.33, "Any other general commercial use, which is comparable in nature
with the foregoing uses, including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning
Appeals "; and
WHEREAS, the Petitioner requests a determination by the Board of Zoning Appeals that a dental
office is a permitted use in the Baldridge PUD according to Section 3.3.a.33 of the PUD; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered granting the request by Livingston and
Pine Ridge, LLC, for the permitted use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that
Baldridge PUD / PL2011 -2649
Rev. 2/08/12 1 of 2
Packet Page -2008-
2/28/2012 Item 17.A.
(1) A dental office is a permitted use in the Baldridge PUD, according to Section 33.03 of the
PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this day of
, 2012.
ATTEST:
DIWIGHT E. BROCK, CLERK
G
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Willianms 6,P
Assistant County Attorney 21T I'L
Attachment: Exhibit A — Baldridge PUD
CP \1 l- CPS - 01135\16
Baldridge PUD / PL2011 -2649
Rev. 2/08/12
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
2 of 2
Packet Page -2009-
2/28/2012 Item 17.A.
66 )) Thursday, February 9,2012 )) 'N A P L �S DAILY NEWS
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, February 28, 2012, in the Board of County
Commissioners Meeting Room, Third Floor, Collier County Government Center,
3299 East Tamiami Trail, 'Naples FL., the Board of County Commissioners ABCC] as
the Board of Zoning Appeals, will consider the enactment of a Resolution.
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, APPROVING A DENTAL OFFICE AS A PERMITTED USE IN THE BALDRIDGE
PUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: FRED REISCHL, AICP,
SENIOR PLANNER]
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 arly 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 Managgement
Department, located at 3335 Tamiami Trail East, Suite 141, 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
FRED W. COYLE, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
F brute ar 9.2019 2012 No. 1934945
Packet Page -2010-