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Agenda 12/11/2012 Item #17A12/11/2012 Item 17.A. EXECUTIVE SUMMARY CU- PL20110001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use in a C -3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for the establishment of a Conditional Use in the Commercial Intermediate (C -3) Zoning District, to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses, with a maximum of 35,000 square feet of gross floor area for the entire project, pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC); and to insure that the community's interests are maintained. CONSIDERATIONS: The proposed project proposes 35,000 square feet of commercial development in up to four retail buildings on up to four different parcels in a C -3 zoning designation. The LDC limits certain land uses to 5,000 and 6,000 square feet of gross floor area in the C -3 zoning designation. The purpose of this petition is to obtain a Conditional Use approval to permit gross floor areas in excess of the 5,000 and 6,000 square feet of gross floor area limit to a maximum of 15,000 square feet of gross floor area on each individual parcel for the following land uses as allowed by the Conditional Use section of the LDC: 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. The subject 4.38± acre site is located at the southeast comer of the intersection of Tamiami Trail East (US 41) and Barefoot Williams Road. The subject site is currently cleared. To the north of the site is Eagle Lakes Community Park; to the east is a radio station; to the south of the site is a community recreational facility for the Hitching Post mobile home park consisting of a community swimming pool, shuffle board courts, a racket ball court and a community building; and to the west of the site is the Hitching Post Strip Shopping Center that is also zoned C -3. The Conceptual Site Plan shows four single- tenant, free - standing buildings. The largest building will not exceed 15,000 square feet and there will be a maximum total of 35,000 square feet of commercial development for this conditional use. The Site Plan also provides for a 20 -foot wide CU- PL20110001757, Mac Business Plaza December 3, 2012 Page 1 of 4 Packet Page -4357- 12/11/2012 Item 17.A. Type D landscape buffer along Tamiami Trail East (US 41), a 15 -foot wide Type D landscape buffer along Barefoot Williams Road, a 10 -foot wide Type A landscape buffer along the east property line adjacent to the radio station, and a 15 -foot wide Type B landscape buffer along the southern property line adjacent to the recreation area. When a commercial property such as the Mac Business Plaza abuts a non commercial property such as the recreational area, the LDC requires a 6 -foot high masonry wall/concrete fence. The neighbors expressed interest in landscaping as opposed to a wall at the Neighborhood Information Meeting. Therefore, the applicant intends to seek an Administrative Variance from providing the masonry wall/concrete fence, and a note has been placed on the Conceptual Master Plan stating: "Proposed wall to be built in accordance with the Collier LDC. However, applicant intends to seek an Administrative Variance" in order to replace the masonry wall/concrete fence with a landscape hedge. According to the applicant, there is no end user at this time. At the time of this Conditional Use approval, the Site Plan (attached to the Resolution as Exhibit `B ") 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 Resolution Exhibit "B" provided that conditions of Exhibit "C" are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square -foot buildings, which is larger than the 5,000 square -foot buildings permitted in the C -3 tuning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. To date, no letters of objection or support have been received. FISCAL IMPACT: Approval of the Conditional Use, in and of itself, ,would have no fiscal impact on Collier County. There is no guarantee that the project, at buil&out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would 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 &es 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. 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) IWACT: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Coastal Fringe Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This designation is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned CU- PL20110001757, Mac Business Plaza December 3, 2012 Page 2 of 4 Packet Page -4358- 12/11/2012 Item 17.A. 101-IN Unit Developments in transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the Subdistrict). Certain industrial and commercial uses are also allowed subject to criteria. The subject site was rezoned from RT, Residential Tourist, to C -3, Commercial Intermediate District, on November 28, 2000 utilizing the Office and Infill Commercial Subdistrict. 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. This district is also intended to allow C -1 and C -2 uses typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A number of uses in the C -3 District may be operated in buildings larger than 5,000 square feet by right, while others are not. Of these uses, the Conditional Use requests only that food stores, eating places, and personal service establishments (excluding drug stores) be allowed to reach up to 15,000 square feet in size. Based on the above analysis, staff finds the requested Conditional Uses consistent with the Future Land Use Element of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION• The CCPC heard petition CU- PL20110001757, Mac Business Plaza, on October 4, 2012, and by a unanimous vote of 7 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval. The approval is subject to the following Staff and CCPC conditions of approval 1 through 6: 1. The maximum aggregate gross floor area permitted on the subject 4.48 acre site is 35,000 square feet. 2. The maximum gross floor area for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.48 -acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 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 after 10 p.m. 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. 6. There shall be no adult video/book stores. CU- PL20110001757, Mac Business Plaza December 3, 2012 Page 3 of 4 Packet Page -4359- 12/11/2012 Item 17.A. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use. 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 required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself 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. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of Zoning Appeals approve the request subject to the attached Resolution that includes both the staff recommendation and the CCPC recommendation. Subsequent to the CCPC meeting, the applicant has requested revisions to the Conditions of Approval to limit or clarify the permissible "food store, food service, personal service, video rental and retail uses" that would be authorized under this conditional use. As a result, a more specific and limited list of uses that exceed the respective square footage limitation under the C -3 permitted use Section of the LDC has been provided. This more restrictive or limited list of uses is consistent with the recommendation for approval of the CCPC. Condition # 6 has been added to the Conditions of Approval. In addition, the project acreage has been corrected in Conditions 1 and 3, from 4.48 to 4.38 acres. (Please see attached revised Resolution Exhibit C: Conditions of Approval). Prepared By: Nancy Gundlach, Principal Planner, Planning and Zoning Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 5) Application CU- PL20110001757, Mac Business Plaza December 3, 2012 Page 4 of 4 Packet Page -4360- COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 12/11/2012 Item 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. CU- PL20120001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C -3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. Meeting Date: 11/13/2012 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 10/16/2012 2:31:22 PM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 10/18/2012 10:38:09 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 10/22/2012 2:57:43 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 10/23/2012 3:07:44 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor .-� Date: 10/24/2012 8:39:05 AM Packet Page -4361- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/25/2012 9:25:05 AM Name: KlatzkowJeff Title: County Attorney Date: 10/26/2012 3:18:19 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/26/2012 5:04:57 PM Name: OchsLeo Title: County Manager Date: 11/3/2012 11:49:50 AM Packet Page -4362- 12/11/2012 Item 17.A. 12/11/2012 Item 17.A. AGEND.�, .. _... _ . _ Co er C014nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: OCTOBER 4, 2012 SUBJECT: CU- PL20110001757, MAC BUSINESS PLAZA, LLC. PROPERTY OWNER/AGENT: Applicant/Agent/Owner: New Horizon Properties, LLC 2614 Tamiami Trail North # 615 Naples, FL 34103 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for the establishment of a Conditional Use in the Commercial Intermediate (C -3) Zoning District, to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses, with a maximum of 35,000 square feet of gross floor area for the entire project, pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject 4.38 ± acre parcel is located at 11700 Tamiami Trait East (U.S. 41), at the southeast corner of the intersection of Tamiami Trail East (US 41) and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (See the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The proposed project proposes 35,000 square feet of commercial development in up to four retail buildings on up to four different parcels in a C -3 zoning designation. The LDC limits certain CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 1 of 11 Packet Page -4363- m Z n C L r N O Ut v I� 0 ♦ J D O z TD L N 0 z z G) D AL NOT N SCAU 17.A. 12/11 /2012 leer w � m � R K 4 COURus��4w _ A 5 BARTARA IAE i '2 COLLIER ( &R 961) BOUtF! RD O� 9 b �> O O 7 m = > > COWER BOULEVARD ii = P � sY AL NOT N SCAU 17.A. O U o � 0000 Qi�� gNZO�sa E ruw�r „oy�$ 12/11/2012 Item 17.A. fTl N N mom m (n ;D z �p �p cj N rn > sy-i myymry> ;Soo CD o 0 MM y 4°�r- i+yu5i\ Zz t7 p t.. :nzzmN r�i ~� H'tF FhM NVF wpm® .� y��mm Co <_iD SODrt m1y, rnc�SD Csi tnii0 °n0 i"'N P�CDmm °> :3. ® yz9 n " a Ln BAREFOOT M WAM5 ROAD trel, - - -- \F ra oN / / ~ 3 X m �_ o . D � °� J m I O N N N a 3 L4 �°(n + �~ u W'a p mN I �► 01D �Dm l ° I I Ovv� m x> _ p Zj UIFs m � r Cu u2 -H N � Na O n I I I � I I as 9 !M �mC rog / Y (� -i JV� °' ;N a m \rn m $ 0 d I I mo 3 a.� I I o-.,- C O p V I (nA I ZD I � zm ... UI I �..1 / e! 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The purpose of this petition is to obtain a Conditional Use approval to permit gross floor areas in excess of the 5,000 square feet of gross floor area limit to a maximum of 15,000 square feet of gross floor area on each individual parcel for the following land uses as allowed by the Conditional Use section of the LDC: 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 4.38± acre site is located at the southeast corner of the intersection of Tamiami Trail East (US 41) and Barefoot Williams Road. The subject site is currently cleared. To the north of the site is Eagles Nest Regional Park; to the east is a radio station; to the south of the site is a community recreational facility for the Hitching Post mobile home park consisting of a community swimming pool, shuffle board courts, a racket ball court and a community building; and to the west of the site is the Hitching Post Strip Shopping Center that is also zoned C43. The Conceptual Site Plan shows four single- tenant, free- standing buildings. The largest building will not exceed 15,000 square feet and there will be a maximum total of 35,000 square feet of commercial development for this conditional use. The Site Plan also provides for a 20 -foot wide Type D landscape buffer along Tamiami Trail East (US 41), a 15 -foot wide Type D landscape buffer along Barefoot Williams Road, a 10 -foot wide Type A landscape buffer along the east property line adjacent to the radio station, and a 15 -foot wide Type B landscape buffer along the southern property line adjacent to the recreation area. When a commercial property such as the Mac Business Plaza abuts a non commercial property such as the recreational area, the LDC requires a 6 -foot high wall. The neighbors expressed interest in a fence with landscaping as opposed to a wall at the Neighborhood Information Meeting. Therefore, the applicant intends to seek an Administrative Variance from providing the wall, and a note has been placed on the Conceptual Master Plan stating: "Proposed wall to be built in accordance with the Collier LDC." The applicant is subject to the following LDC C -3 Site Data as shown in the following chart: Required: Min.Lot Area 10,000 s.f. Min. Lot Width 75' Required: Max. Zoned Bldg. Height 50' CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 4 of 11 Packet Page -4366- n 12/11/2012 Item 17.A. Min. Ground Floor Area 700 s.f. 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. hei ht, but not less than 15' Not The Conceptual Site Plan submitted meets all of the above Site Data requirements. However, according to the applicant, there is no end user at this time. The site plan is conceptual and the fmal 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 purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C -3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. Therefore, Staff is recommending the following Conditions of Approval to address these issues: 1. The maximum gross building square footage permitted on the subject 4.48 acre site is 35,000 square feet. 2. The maximum gross building square footage for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.48 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 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). 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. To date, no letters of objection or support have been received. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently vacant, in the C -3 (Commercial Intermediate) zoning district CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 5 of 11 Packet Page -4367- 12/11/2012 Item 17.A. SURROUNDING: North: Tamiami Trail East (US 41), then Eagles Nest Park in the P (Public Use) zoning district. East: A radio station in the C -3 (Commercial Intermediate) zoning district South: Recreation area in the RT (Residential Tourist) zoning district West: Hitching Post strip shopping center in the C -3 (Commercial Intermediate) zoning district Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Coastal Fringe Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This designation is intended to accommodate a variety of residential and non - residential land uses, including mixed -use developments such as Planned Unit Developments in transitional densities between the Conservation designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the CU- PL20110001757, MAC BUSINESS PLAZA, LLC. Page 6 of 11 September 18, 2012 Packet Page -4368- 12/11/2012 Item 17.A. .-� Subdistrict). Certain industrial and commercial uses are also allowed subject to criteria. The subject site was rezoned from RT, Residential Tourist, to C -3, Commercial Intermediate District, on November 28, 2000 utilizing the Office and Infill Commercial Subdistrict. 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. This district is also intended to allow C -1 and C -2 uses typically aggregated in planned shopping centers. This district is not intended to pen-nit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A number of uses in the C -3 District may be operated in buildings larger than 5,000 by right, while others are not. Of these uses, the Conditional Use requests only that food stores, eating places, and personal service establishments (excluding drug stores) be allowed to reach up to 15,000 sq. ft. in size. 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 GMT. Tamiami Trail East (US-41) impacts: The first link that is impacted by this project is Link 93.0, Collier Boulevard from Rattlesnake Hammock to Tamiami Trail. The project generates 41 p.m. peak hour, peak direction trips, which represents a 1.17% impact. This segment of Collier Boulevard currently has a remaining capacity of 915 trips, and is currently at LOS "C" (Level of Service "C ") as reflected by the 2011 AUIR (Annual Urban Inventory Report). No subsequent links beyond this segment of Tamiami Trail are significantly impacted by this project. Please note: Barefoot Williams Road is not a roadway link that is monitored for concurrency or analyzed for consistency with policy 5.1 of the Transportation Element. Based on the above analysis, staff finds the requested conditional uses consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: 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 will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 7 of 11 Packet Page -4369- 12/11/2012 Item 17.A. 1. Section 2.03.03 C.I.c. of the LDC permits Conditional Uses in the Commercial Intermediate (C -3) zoning district. The requested use for Conditional Use Numbers 10, 16 and 17 of the Commercial Intermediate (C -3) Zoning District, as provided in Section 2.03.03 C.l.c. of the Collier County Land Development Code (LDC), to permit food stores; food services (eating places); and personal services, video rental or retail uses with a maximum gross floor area of 15,000 square feet as conditional uses in the Commercial Intermediate (C -3) zoning district, is subject to the standards and procedures established in section 10.08.00, "Conditional Uses Procedures," of the LDC. 2. 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). 3. 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. Existing ingress and egress to the subject property is provided by two points. One is located along Tamiami Trail East (US 41) and the other is located along Barefoot Williams Road. There is a sidewalk along Tamiami Trail East (US 41). /1—,- 4. 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 a commercial strip shopping center to the northwest, a radio station to the southeast, and a 6 -lane arterial road to the northeast. The Conditional Use will have a minimal impact on these neighboring commercial properties in relation to noise, glare, economic or odor effects. However, there is a recreational area for a mobile home park to the southeast. The proposed Conditions of Approval limiting the size of the development and outdoor sound 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 even if developed with a 15,000 square foot restaurant. 5. 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 CU- PL20110001757, MAC BUSINESS PLAZA, LLC. Page 8 of 11 September 18, 2012 Packet Page -4370- 12/11/2012 Item 17.A. --� previously stated, the subject property is located between two commercial properties on a principal arterial road. Based on the above fmdings, this conditional use is recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAQ RECOMMENDATION• The EAC did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIND: The applicant duly noticed and held the required meeting on August 15, 2012, at approximately 5:00 p.m. at the South Regional Library, located at 8065 Lely Cultural Parkway, Naples, Florida. Four people along with the applicant and County Staff attended the meeting. The neighbors expressed interest in the type of buffering that would be provided between their recreational area and the proposed commercial area. They do not want a wall and prefer a fence with landscaping. For further information, please see the NIM Minutes (Attachment A). The meeting ended at approximately 6:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: n The County Attorney Office has reviewed the staff report for CU- PL20110001757 revised on September 12, 2012. RECOMMENDATION: 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 purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C -3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20110001757 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The maximum gross building square footage permitted on the subject 4.48 acre site is 35,000 square feet. 2. The maximum gross building square footage for any one building is 15,000 square feet. CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 9 of 11 Packet Page -4371- 12/11/2012 Item 17.A. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.48 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 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). 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. CU- PL20110001757, MAC BUSINESS PLAZA, LLC. Page 10 of 11 September 18, 2012 Packet Page -4372- PREPARED BY: NANCY D H, AICP, PRINCIPAL PLANNER GROW EMENT DIVISION REVIEWED BY: RAYM D KVBELaLOW/S/ ZONING MANAGER GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: GROWTH MAN Attachments: Attachment A: NIM Minutes Attachment B: Resolution 3MINISTRATOR DIVISION 12/11/2012 Item 17.A. DATE DATE Tentatively scheduled for the November 13, 2012, Board of County Commissioners Meeting CU- PL20110001757, MAC BUSINESS PLAZA, LLC. September 18, 2012 Page 11 of 11 Packet Page -4373- 12/11/2012 Item 17.A. Minutes of the New Horizon Properties, LLC Conditional Use Neighborhood Information Meeting Wednesday August 15, 2012 Meeting called to order by Bob Mulhere. The project Conceptual Site plan and NIM Summary was presented to each of the attendees. Bob then introduced Nancy Gundlach as the Collier County Principal Planner for the project, the Owner Christopher Shucart, and then introduced himself and gave a brief background of himself and his experience in Collier County. Attendees were given a history of the Subject Property's zoning and an explanation was given of what uses were included in C -3 zoning district and that some of the uses in that district have SF limitations. The reason for the meeting and details of the Conditional Use were extensively explained. The conditional process and approval process were explained in detail including but not limited to the upcoming CCPC and BCC meeting dates. The area growth was discussed including but not limited to Lely Resort, Sabal Bay, Treviso Bay, Naples Reserve, Hacienda Lakes, etc. A question regarding the landscaping buffer along the South property boundary was asked by one of the attendees. The attendee expressed concern that they did not want a wall separating the adjacent RT zoned property and would prefer to see landscaping instead. The remaining attendees agreed. Bob explained that an administrative wall variance (AWV) was already approved along this property boundary however a new administrative wall variance would be required and that the Owner was planning to ask for that same administrative wall variance approval again. Bob and the Owner agreed to present the AWV landscape planting plan to the attendees for their input prior to the CCPC meeting on 10/412012. There were no additional questions therefore the meeting was adjourned. Packet Page -4374- OL ,DN MEW AIL 2 W n N f spy Q �6 U [S �CCC� CL M� Jy. � E 00 X v g n z a w O 2 O d. -� O awn3xioe eamoo s APT ffi 6 RF s n n LL � g 9I a ffi n a ffi OL ,DN MEW AIL CL Q z Z 0 N CL Q z 0 a U O J i 0 N J a D U Zit Z O N \ N O N CD IS 2 W n N f spy Q �6 kk [S �CCC� E 00 X k g n z 2 O d. -� awn3xioe eamoo g p�V 2 n n LL g 9I mu wve u mo a. m n n t � K CL Q z Z 0 N CL Q z 0 a U O J i 0 N J a D U Zit Z O N \ N O N CD IS C7 0 w 000 z I m� Q gr N=� D=O•0'� > Z D $ ww�,1 O Ov a I I N I m o yy m,�IG d ��.RI 'O z O�DO �• O yy• 7 jLr�i+i V Q� N D Z' II >> V7 DNm 7 N v m 0 =1 �V FyD ,. �.. r•Di orb CD N A i 12/11/2012 Item 17.A. Ms. Nancy Gundlach Wednesday May 23; 2012 Principle Planner Collier County Growth Management Division 2400 North Horseshoe Drive Naples, Florida 34104 Re: 11700 Tamiami Trail East - Naples, Florida: Conditional Use Application for New Horizon Properties, LLC — MAC Business Plaza Dear Ms. Gundlach, In the early development stages of the Subject Property, the owners have discovered that in the current state of the economy, the current market demand for new construction and development on the Subject Property is for 'free standing buildings larger than 5,000 sf. The LDC however limits C -3 zoned properties to a maximum of 5,000 sf of gross floor area (and 6000 SF for eating places) unless approved by a Conditional Use by the Board of County Commissioners. Please note that the LDC does allow for relief from the square footage maximums via the PUD rezone process or thru a CU process however, in the case of this relatively small parcel, with existing C -3 zoning, the CU process makes more sense. We are therefore requesting approval to have buildings up to 15,000 sf in gross floor area on the Subject Property. Please note that this is not a CU for a "Big Box" retailer nor, is it an application for any additional uses outside the current C -3 Zoning of the Subject Property. The 15,000 square foot maximum size (per parcel with a maximum of 4 parcels) simply addresses current market demand. The site will be subdivided into 3 or 4 parcels with master design for buffering, ingress and egress and stormwater management and will all be all be addressed in the actual Site Development Plan approval process therefore this CU Masterplan submitted with this application is CONCEPTUAL and will change. This CU does not revise or modify any architectural standards of the LDC therefore, the specific architecture of the proposed buildings will also take place and will be reviewed during the Site Development Plan approval process. JCS Realty Group, LLC 2614 Tamiami Trail North Suite # 615 Naples. Florida 34103 (239) 692- Packet Page -4377- 92 -8527 12/11/2012 Item 17.A. PLEASE NOTE THAT THE SITE PLAN ATTACHED WITH THIS APPLICATION IS CONCEPTUAL AND WILL CHANGE. THE CONCEPTUAL SITE PLAN HAS BEEN SUPPLIED SIMPLY FOR DISCUSSION PURPOSES AND BECAUSE A SITE PLAN WAS RE UIRED lI`T ORDER TO SUBMIT FOR THIS CONDITIONA USE Thank you for your time and I look forward to working with you and staff on this project. Sincerely, Oi cop e c New Horizon Properties, LLC Managing Member Packet Page -4378- �J COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Date: _1 Project Name:. Project Addr /Locati Applicant Name: 4 Firm: At lk 12/11/2012 Item 17.A. Co *r county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net CONDITIONAL USE PETITION PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# -1I L�SI Current Zoning: 6--3 Owner Name: CXI UV i�� Time: 1 - Planner. ( ( ,-_ — _ _ I t A Phone: 2 3 f- Owner Address: G.CP1114 — k' Phone: Meeting AttendeestYA"fid qn- inSh�e`et) M, NOTES: k') \ L l �zal� n',); f no A'NPj1+z7 Q : l 1)'q nn P.A "-y,41 -6 �� . ,. 2 4 �2 .SDP ; 2 0. 1►c Comes . � �e9.tiS 1r5 .44 T12oWS n 1�T►a� v� w� j� be f�•.rc�� (- r7'�M' 1 ZG�17 c',6.Ys E2C1 �jT, N6 / e�2i�/'EJ i .� •7 . Packet Page -4379- 12/11/2012 Item 17.A. tmr 5 , eon `f. - 0,011 rancz,. ,j/ F LU n�1; 06 tc f 5 w4 Er- P j oi�ct�s Cl` . I 'S LXK4vr - Po l - j F-CO,n ©m;C �,I�yY►Qn � '� V � S a ( Fr:,7c pMil-siCx\s j emsJ4 �lt Arm �Cqlip,) �Mvt Scc*r,,s 'A FLUE t �(� { C Gt5 Q�P�I�(�. _ `—y !"'�C"'� a- �'w► } � e � �� f int � �,',n,J i �► '7K Gs�t�a`� � � ^�3 rA `t �#' � �i.1� . Packet Page -4380- O Ev., I-lb-1 0 E, LL 0 LU a E CL 0 O E a Fu Packet Page -4381- 12/11/2012 Item 17.A. V- C) M IR Cq to 9 ti C.) W LU LU z Z 0 O fp CD a (D CD Ll- W LU I 04 Z Z Cn C4 LU Z I.- .0 LLI LU Z gn D E Z 0 Ix a- gn tn < 0 CL = Packet Page -4381- 12/11/2012 Item 17.A. V- C) M IR Cq to 9 ti C.) W LU LU z Z 0 O fp CD a (D CD Ll- 12/11/2012 Item 17.A. CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: components) Amy Taylor Cover letter briefly explaining the project SUPERVISOR OF ELECTIONS -IMMOKALEE WATERISEWER DISTRICT Application (completed & signed) (download from website for current form) DRIEM9 — EMER. MGMT — Dan f l� UTILITIES ENGINEERING: PAULO *Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area 1 MARTINS Addressing Checklist signed by Addressing 1 BAYSHORE/GATEWAY TRIANGLE Conceptual Site Plan 24" X 36" plus (vne 8 1/2 X 1 1 copy) (only if Affordable Housing) REDEVELOPMENT Executive Director Copies of Warranty Deed(s) 3 Completed Owner Agent Affidavits, Notarized 2 Environmental Impact Statement (EIS) * or exemption justification 2 Digital/electronic copy of EIS 2 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200% showing FLUCCS Codes, Legend, and project boundaryJ�. 5 Statement of utility provisions (with all required attachments & sketches) 1 Traffic impact Statement (TIS), or waiver 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Historical and Archeological Survey, or waiver 4 Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure(s) 4 Electronic copy of all documents and plans (CDROM or Diskette) 'ir Boundary Survey 3 Affordable Housing or Economic Development Council Projects: ❑ EDC "Fast Track " must submit approved copy of official application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. *If project includes an Affordable Housing component, you, are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 234- 252 -2273. 2 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Communications Towers Only: MOSQUITO CONTROL COLLIER CO. AIRPORT AUTHORITY NAPLES AIRPORT AUTHORITY CITY OF NAPLES - ROBIN SINGER Commercial Minina Operations Only: ^ GLENDA SMITH, IMPACT FEES — copy of application only, no review necessary r").... Q 1%r%A .t Packet Page -4382- SCHOOL DISTRICT (residential PARKS & REC — Vicky Ahmad components) Amy Taylor SUPERVISOR OF ELECTIONS -IMMOKALEE WATERISEWER DISTRICT DRIEM9 — EMER. MGMT — Dan UTILITIES ENGINEERING: PAULO Summers MARTINS HOUSING & URBAN IMPROVEMENT BAYSHORE/GATEWAY TRIANGLE (only if Affordable Housing) REDEVELOPMENT Executive Director Communications Towers Only: MOSQUITO CONTROL COLLIER CO. AIRPORT AUTHORITY NAPLES AIRPORT AUTHORITY CITY OF NAPLES - ROBIN SINGER Commercial Minina Operations Only: ^ GLENDA SMITH, IMPACT FEES — copy of application only, no review necessary r").... Q 1%r%A .t Packet Page -4382- f � 12/11/2012 Item W.A. FEES: Pre- application Fee $500.00 (Applications submitted 4 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) $4,000.00 Application Fee / $1500 if filed in conjunction with a rezone petition $150-00 Fire Code Review 1C,_ $300.00 Comprehensive Planning Consistency Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of invoice from Naples Dail News). ❑ $2,500.00 EIS Review, if required ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) LA Transportation Fees, if required. ❑ $500.00 Methodology Review Fee, if required---iiQ (/ ❑ $750.00 Minor Study Review Fee, if required 7" ❑ $1,500.00 Major Study Review Fee, if required OTHER Tl y elkv rr Applicant /Agent Signature Packet Page -4383- Date 12/11/2012 Item 17.A. Co. ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION1 NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR.: CONDITIONAL USE PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) NEW HORIZON PROPERTIES LLC. ADDRESS: 2614 TAMIAMI TRAIL NORTH STE. 615 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # CELL # (239) 289 -3143 FAX # (239) 692 -8527 E -MAIL CHRISCa��JCSREALTYGROUP.COM NAME OF AGENT CHRISTOPHER SHUCART FIRM NEW HORIZON PROPERTIES LLC. ADDRESS: 2614 TAMIAMI TRAIL NORTH STE, 615 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # CELL # (239) 289 -3143 FAX #(239) 692 -8527 E -MAIL CHRISeJCSREALTYGROUP.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Packet Page -4384- October 13, 2010 Irl M- I Nil 'n 12/11/2012 Item 17.A. Cor Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! AP NORTH HORSESHOE DRIVE N PLANNING AND REGULATION NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergoy.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http:/ /www.collieraov netllndex aspx ?Haas 774 NAME OF HOMEOWNER ASSOCIATION: HITCHING POST MOBILE HOME PARK MAILING ADDRESS 25 CHEYENNE TRAIL CITY NAPLES STATE FLORIDA ZIP 34113 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Packet Page -4385- October 13, 2010 �. 12/11/2012 Item 17.A. Ccr 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.collierAov.net DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, fist all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). % of Name and Address Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. % of Name and Address If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. % of Name and Address Ownership Packet Page - 4386 - October 13, 2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/11/2012 Item 17.A. C' er Count y 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collier-goy.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and AddressI Ownersh % of James Shucart 9000 Christopher Shucart 10010 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Packet Page -4387- October 13, 2010 "C12/11 /2012 Item 17.A. (? Y County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34904 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier- gov.net g. Date subject property acquired leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his . behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 33/50/26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00447760000 Metes & Bounds Description: See enclosed survey SIZE OF PROPERTY: 600 ft. X 318 ft. = Total Sq. Ft. 190,7935F. Acres 4.38 ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 11700 Tamiami Trail East Naples, Florida 34113 ADJACENT ZONING AND LAND USE Packet Page -4388- October 13, 2010 12/11/2012 Item 17.A. CQ er CO ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 MMM&ollIM2g net Zonin Land Use N US 49 R.O.W R.O.W S RT RT Hitchin Post CDMMLinl Center E C -3 C -3 Radio Station W C -3 Hitching Post Shopping Center Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section/Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the C;3 zoning district for see attached description (type of use). Present Use of the Property: Vacant commercial property (C 3) Packet Page -4389- October 13, 2010 GAT Conty 12/11 /2012 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): Please see the enclosed documents. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Please see the enclosed documents. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: No effect. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Please see the enclosed documents. e. Please provide any additional information which you may feel is relevant to this request. Please see the enclosed documents. Packet Page -4390- , October 13, 2010 12/11/2012 Item 17.A. CONTI3ITIONAL L }sE 11700 TAMIAMI TRAIL EAST NAPLES, FLORIDA 34113 Evaluation Criteria: Provide a narrative statement describing the request for conditional use: In the early development stages of the Subject Property, the owners have discovered that in the current state of the economy, the current market demand for new construction and development on the Subject Property is for free standing buildings larger than 5, 000 sf. The LDC limits C -3 zoned properties to a maximum of 5, 000 sf ofgross floor area (and 6000 SFfor eating places) unless approved by a Conditional Use by the Board of County Commissioners. Please note that the LDC allowsfor relieffrom the square footage maximums via the PUD rezone process or thru a CUprocess however in the case of this relatively small parcel, with existing C -3 zoning, the CUprocess makes more sense. We are therefore requesting approval to have buildings up to 15, 000 sf in gross floor area on the Subject Property. Please note that this is not a CUfor a "Big Box " retailer nor is it an application for any additional uses outside the current C -3 Zoning of the Subject Property. The 15, 000 square foot maximum size (per parcel with a maximum of 4 parcels) simply addresses current market demand. The site will be subdivided into 3 or 4 parcels with master design for buffering, ingress and egress and stormwater management and will all be addressed in the actual Site Development Plan approval process. This CU does not revise or modem the architectural standards of the LDC therefore the specific architecture of the proposed buildings will also take place during the Site Development Plan approval process. In summation: We are requesting the following Conditional Uses in the C -3 zoning District, with no single uses exceeding 15, 000 square feet: 4 10. Food stores with greater than 5, 000 square feet of gross floor area in the principal structure service (5812, eating places) uses with more than (6, 000 square feet of os � oor area food .f g fl area an the principal structure; and 4 17. Permitted personal services, video rental or retail uses (excluding drugstores - 5912) with more than 5; 000 square feet of gross floor area in the principal structure. Describe how the project is consistent with the Collier County Land. Development Code and Growth Management Plan: As previously stated the LDC limits C -3 zoned properties to a maximum of 5, 000 sf ofgross floor area (and 6000 SF for eating places), but specifically allows for relief from the square footage maximums via the Conditional Use process. This process provides an opportunity for the public, the CCPC and the BCC to view the proposed CU plaster Plan and to determine if the criteria for approval (addressed below) have been favorably addressed. The requested CU is consistent with both the LDC and the GMP, and is proposed for long existing C -3 zoned property. The LDC C-3 district reads as follow: Commercial Intermediate District (C -3). The pwporse and intent (V' the commercial intermediate district ('C -3) is to provide fin' a iiIder var it o.- goods and services intendedJbr areas expecied to receive a higher degree c ?f aillomobile Packet Page -4391- 12/11/2012 Item 17.A. 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. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C -1 and C -2 zoning districts typically aggregated in planned shopping centers. This district is not intended to pernfil wholesaling tips, of uses. or 1,and uses _that by e associated with them the need ftrr outdoor sloraQe cif equipment and met ^cliandise. Of the 95 different uses permitted by right in the C-3 district, the following uses are those that are limited in square footage: 5. Apparel and accessory stores (5611 -5699) with 5, 000 square feet or less of gross floor area in the principal structure. 8. Auto and home supply stores (5531) with 5, 000 square feet or less of gross floor area in the principal structure. 24. Computer and computer software stores (5734) with 5, 000 square feet or less of gross floor area in the principal structure. 30. Eating places (5812 only) with 6, 000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to locational requirements of section 5.05. 01 35. Food stores (groups 5411 -5499) with 5,000 square feet or less ofgross floor area in the principal structure. 39. General merchandise stores (5331 -5399) with 5, 000 square feet or less of gross floor area in the principal structure. 40. Glass stores (523 1) with 5, 000 square feet or less of gross floor area in the principal structure. 42. Hardware stores (5251) with 1, 800 square feet or less of gross floor area in the principal structure. 44. Home furniture and furnishings stores (5712 -5719) with 5, 000 square feet or less of gross floor area in the principal structure. 46. Household appliance stores (5 722) with 5, 000 square feet or less of gross floor area in the principal structure. 60. Musical instrument stores (5 736) with 5, 000 square feet or less of gross floor area in the principal structure. 61. Paint stores (523 1) with 5, 000 square feet or less of gross floor area in the principal structure. Packet Page -4392- 12/11/2012 Item 17.A. 73. Radio, television and consumer electronics stores (5731) with 5, 000 square feet or less of gross floor area in the principal structure. 76. Record and prerecorded tape stores (5 735) with 5, 000 square feet or less of gross floor area in the principal structure. 79. Retail nurseries, lawn and garden supply stores (5261) with 5, 000 square feet or less of gross floor area in the principal structure. 80. Retail services - miscellaneous (5921 -5963 except pawnshops and building materials, 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5, 000 square feet or less of gross floor area in the principal structure. 90. Videotape rental (7841) with 5, 000 square feet or less of gross floor area in the principal structure, 91. Wallpaper stores (5231) with 5, 000 square feet or less of gross floor area in the principal structure. 93. Anv of the,joregoing uses that are sul ject to a gross floor area lin itdtion shall he pern7i11e�d by right ivithout the maxiafiiumfloor area limitation if the use is developed as a componew of a shopping center, The following uses are permissible as conditional uses in the commercial intermediate district and requested for approval herein: 10. Food stores with greater than 5, 000 square feet of gross floor area in the principal structure (groups 5411 - 5499). 16 Permitted food service (5812, eating places) uses with more than 6.000 square feet of gross floor area in the principal structure. 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. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, and control, and access in case of fire or catastrophe: The subject property will have a right -in and right -out access on the East end of the property along Tamiami Trail East and an access point on the West end of the property along Barefoot Williams Rd as further described on the attached Conditional Use Conceptual Site Plan (Exhibit The owner of the subject-property is also paying for and constructing a traffic signal at the intersection of Barefoot Williams Road and_Tamiami Trail East which will increase the safety and well -being for automobiles, pedestrians, and the general public. All of the above will help create a safe traff c flow environment for automobiles and pedestrians in and out of the 11-. Subject Property on a daily basis as well as in the event of a fire or catastrophe. The Subject Packet Page -4393- h Lli U o�� aw Y ^y ZQQ 4. J it tP �22m u 1 -�fi'7 Ct ML k'¢ G W cz p lL W m °w6gad� O Vr'+ O wwrcw K. w o au pp: Z LL 5z 2q~ �5 L ti Fa o� $�aos z LL of wgb_ N z ¢�¢ U d U S w LU S a } h p � a w Y LL CU Y U :.r •-,1 1 ^' COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/11/2012 Item 17.A. CoAer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieresov net Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. STATEMENT OF UTILITY PROVISIONS FOR CONDfTIONAL. USE REQUEST NAME OF APPLICANT(S) New Horizon Properties, LLC ADDRESS 2614 Tamiami Trail North CITY Naples STATE FL zip 34103 TELEPHONE # 239 -692 -8397 CELL # 239- 289 -3143 FAX # 239 -692 -8527 E -MAIL ADDRESS: chris @jcsrealtygroup.com ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 11700 Tamiami Trail E, Naples, FL Section/Township /Range 33 / 50 S / 26 E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00447760000 - Metes & Bounds Description See legal description included with Conditional Use application. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM Fx] b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ October 13, 2010 Packet Page -4395- 12/11/2012 Item 17.A. N Gcr er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net Retail buildings with a maximum total TOTAL POPULATION TO BE SERVED: (cumulative) square footage of 35,000 S.F. PEAK AND AVERAGE DAILY DEMANDS: (Per F.A.C. 64E- 6.008: 0.1 gpd per A. WATER -PEAK 22 gpm AVERAGE DAILY 3889 gpd S.F. for "Shopping Centers ") B. SEWER -PEAK 20 gpm AVERAGE DAILY 3500 gpd (Peak caics assume 12 -hour day, 4.0 peak factor) IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Following Conditional Use approval and site development permitting. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Sewage flows will be conveyed via gravity and /or force main to the Collier County conveyance / treatment system. n COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems.** *This conditional use application has been filed in advance of submittal for site development plan approval by Collier County. Accordingly, at the site development plan approval stage Applicant shall: 1. Identify, locate, and dedicate necessary public and private utility easements; and 2. Commit to installing and conveying public water and sewer facilities to Collier County; all in accordance with the Collier County Land Development Code. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. NOT APPLICABLE Packet Page -4396- October 13, 2010 12/11/2012 Item 17.A. �1 TPODUCOCR �: utar�nin�•en�ineerin� Traffic Impact Statement New Horizon Plaza fl ca Barefoot Plaza Collier County, FL 5/7/2012 Prepared for: New Horizon Properties, LLC c/o JCS Realty Group 2614 Tamiami Trail North, Suite 605 Naples, FL 34103 Prepared by: Trebiicock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Phone: 239 - 566 -9551 Packet Page -4397- 12/11/2012 Item 17.A. New Horizon Plaza T15 —May 2012 I certify that this Traffic Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. 2 Packet Page -4398- Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 6660 Mangrove Way Naples, FL 34109 Company Cert. of Auth. No. 27796 12/11/2012 Item 17.A. New Horizon MOW TtS Mary2012 3 Packet Page -4399- 1�q i Project Description 4 Trip Generation 5 Trip Distribution and Assignment 6 -7 Background Traffic S Existing and Future Roadway Network 9 Project Impacts to Area Roadway Network -- Roadway Link Analysis 10 Intersection/Turn Lane Analysis 11 Improvement Analysis 11 Mitigation of Impact 11 Appendix A: Project Master Site Plan (1 Sheet) Appendix B: Trip Generation Calculations (2 Sheets) 3 Packet Page -4399- 12/11/2012 Item 17.A. New Horizon Pima TIS --May 2012 Project Description The proposed project, New Horizon Plaza fka Barefoot Plaza Retail /Office Site, is located at the southeast corner of the intersection of U.S. 41(Tamiami Trail East) and Barefoot Williams Rd /Eagle Lakes Park Entrance in Collier County, Florida. Refer to location map below and site plan in Appendix A. A detailed Traffic impact Statement (TIS) was prepared by Kimley -Horn and Associates in 2006 for this project. At the time, a project build out of 2009 was anticipated. Applicable permits were issued based on the TIS. A purpose of the background review is to determine if background traffic data assumptions used in the TIS are still valid. The proposed project reduces the overall commercial square footage of the project by eliminating the general office use and proposes multiple retail buildings. This analysis assumes up to 35,000 sf of shopping center land use as a highest and best use. The trip generation analysis compares the approved PM Peak hour trips with the proposed trips, illustrating that there is a net increase in total traffic and this net increase is evaluated in this TIS. 4 Packet Page -4400- New Horizon Plaza TlS —May 2012 12/11/2012 Item 17.A. Trip Generation The proposed project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8th Edition. The software program Trip Generation by Microtrans (Rev. 11/08) is used to create the raw unadjusted trip generation for the land uses. The ITE equations were used for the retail shopping center. Deductions for pass by trips were taken using ITE criteria a 25% per Collier County Methodology Standards. The data for the existing approved site is from the 2006 TIS. Table 2 illustrates the proposed project PM trip generation, existing approved and net difference of trips (existing minus proposed). The PM Peak hour is used, since this is the peak period for the adjacent roadway (US 41). More details of the trip generation calculations can be found in Appendix B. Table 2-- Project Trip Generation (Unadjusted)— Average Weekday (PM Peak Hour) E Packet Page -4401- 12/11/2012 Item W.A. New Horizon Plaza T►S —May 2012 Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. The net new site - generated trip distribution is shown in Table 3 and is graphically depicted on the next page (by Percentage and by PM Peak Hr, Peak Direction). Table 3— Project Traffic Distribution for Peak Hour, Peak Direction Note: Peak Hr, Peak Direction is AM Pk Hr Entering and PM Pk Hr Entering Volume. N/A = Not Appiicable. Packet Page -4402- 2015 2015 CC Projected Projected r AUl Distribution PM Peak PM Peak Roadway Link R Roadway Link Location of Project Hr, Enter Hr, Exit Link Traffic Project Project ID # Traffic Traffic Volume Volume Project to Triangle Blvd 0541 93 (Price Street) 4890 41 2 00 Note: Peak Hr, Peak Direction is AM Pk Hr Entering and PM Pk Hr Entering Volume. N/A = Not Appiicable. Packet Page -4402- W 12/11/2012 Item 17.A. New Horizon Plaza TIS —May 2012 7 Packet Page -4403- 12/11/2012 Item 17.A. New Horizon Plaza TIS —Mary 2012 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Transportation Planning Staff Guidance of a minimum 2% growth rate, or the rate from 2009 thru 2011 AUIR data, whichever is greater. Table 4 illustrates the application of projected growth rates, or trip bank data to generate the projected background (without project) peak hour peak direction traffic volume for the year 2015. Table 4-- Background Traffic without Project (2011 and 2015) Table Note: Growth Rate = from 2009 to 2011 traffic count data, or 2 %, whichever is greater. Growth Factor = (1 +Annual Growth Rate) ^4. 2015 Projected Volume = 2011 AUIR Volume *Growth Factor, or 2011 AUIR +AUIR Trip Bank, whichever is greater. N/A = Not Applicable, Not Available. H. Packet Page -4404- 2015 2011 AUIR Projected Projected Peak Hr, cc Peak Hr, Traffic Peak Dir Roadway AUIR Roadway Link Peak Dir Annual Trip Growth Background Link Link Location Background Growth !!! Bank Factor Traffic ffi Traffic lD # Rate Volume Volume ( % /yr) w /out (trips /hr) Project (trips /hr) � < Project to Triangle US 41 93 Blvd (Price Street) 1'926 2% 659 1.0824 2,585 s: Table Note: Growth Rate = from 2009 to 2011 traffic count data, or 2 %, whichever is greater. Growth Factor = (1 +Annual Growth Rate) ^4. 2015 Projected Volume = 2011 AUIR Volume *Growth Factor, or 2011 AUIR +AUIR Trip Bank, whichever is greater. N/A = Not Applicable, Not Available. H. Packet Page -4404- 12/11/2012 Item 17.A. New Horizon Plaza TIS -May 2 012 Existing and Future Roadway Network The existing roadway conditions are extracted from the 2011 Annual Update and Inventory Report (AUIR) and the 2015 roadway conditions are based on the current FDOT and Collier County 5 Year Work Program. The roadways evaluated are anticipated to remain the same thru 2015. The existing and future roadway conditions are illustrated in Table 5. Table S-- Existing and Future Roadway Conditions Table Notes: 2U = 2 -lane undivided roadway; 4D, 6D =4 -lane, 6 -lane divided roadway, respectively; LOS = Level of Service. N/A = not applicable, not available. Peak Directions: E = East, W = West, N = North, 5 = South. 0j Packet Page -4405- 12/11/2012 Item 17.A. New Horizon Plaza TIS —May 2012 Project Impacts to Area Roadway Network -- Roadway Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project were evaluated to determine the project impacts to the area roadway network in the future (2015). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link adjacent to the project; 3% for other links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. The applicable project PM peak entering and exiting volumes are added to the network volumes to coincide with the network peak time and peak direction. Table 6 illustrates the LOS impacts of the project on the roadway network closest to the project. None of the adjacent links are projected to be operating below the adopted level of service with, or without the project. Table 6— Roadway Link Level of Service (LOS) —With Project in the Year 2015 Table Notes: N/A = not applicable, not available. The PM Peak hour is evaluated, since this is the peak period of the roadways. Peak Directions: E = East, W = West, N = North, S = South. 10 Packet Page -4406- cc Peak .. AUIR ._. Capacity Roadway Link Link (Project Peak Hr Impact ID# ., Vol Volume By 'AF/Project 111111111111WI-Mo Added) Project I � e GA G.aa�,�,�. y ,,� a� 4 � �•� ^"" q� � �& {�'• CkES 1' +t' �, �"iS � Y:�.. C d��;, i�` §s�'IY_. 9v4�` i.�,�.'. K/.mb'iYA 4� j ecttoTriangle • (Price 3,500 (E) 2 0.1% • f 1 > Ili ✓ h+?�i�<�'".e �3S`4 Sq✓;� ,+ =201 Table Notes: N/A = not applicable, not available. The PM Peak hour is evaluated, since this is the peak period of the roadways. Peak Directions: E = East, W = West, N = North, S = South. 10 Packet Page -4406- 12/11 /2012 Item 17.A. New Horizon Plaza, ,TjSS Ma►y �2 ©3 ' ` 1 ,-� Intersection /Turn Lane Analysis The project as previously approved included applicable turn lane extensions and signalization improvements at the intersection of US 41 and Barefoot Williams Rd. in addition, the project right in /right out access off of US 41 included a deceleration lane (See Appendix A Site Plan). These improvements are being permitted and constructed through the FDOT by the developer. The proposed conditional use would also warrant the proposed signalization and turn lane improvements. The planned improvements being permitted by the FDOT would be sufficient for the project as proposed. Improvement Analysis The project impacts to the Collier County roadway network caused by the proposed conditional use are not significant and are not adverse. Based on the link analysis and trip distribution, the proposed project is not a significant and adverse traffic generator to this location. In conclusion, no additional site or offsite improvements are recommended. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. . 11 Packet Page -4407- New Horizon Plaza T!S —May 2012 12/11/2012 Item W.A. Appendix A: Project Master Site Plan (1 Sheet) 12 Packet Page -4408- r 12/11/2012 Item W.A. Appendix A: Project Master Site Plan (1 Sheet) 12 Packet Page -4408- New Horizon Plaza TIS --May 2012 t(tlt I ( fQ I I ( !f , jfl III 111 ill l(I II fi t {t {t I! fI f1�{i I fl it rr�► II ff II !f ►f! tl tj t !f !I II II II f } t l; 1! r I Flit 12/11/2012 Item 17.A < ` f art .11 gers tt to )� j ?GQQ cQ_ QQSii� t fir I NCR 9771, __— .__..__-- .__ --I._ P U F- - =_ - - -- _ < PA. w Ra r I y S r? ro llit 11,11 L "Ill !oil 13 Packet Page -4409- fIi Ii II; titl{ I! I 1 i ti Ifs !f- f i t I ! !b I f (iii 1 ! r fl � If! � t(tlt I ( fQ I I ( !f , jfl III 111 ill l(I II fi t {t {t I! fI f1�{i I fl it rr�► II ff II !f ►f! tl tj t !f !I II II II f } t l; 1! r I Flit 12/11/2012 Item 17.A < ` f art .11 gers tt to )� j ?GQQ cQ_ QQSii� t fir I NCR 9771, __— .__..__-- .__ --I._ P U F- - =_ - - -- _ < PA. w Ra r I y S r? ro llit 11,11 L "Ill !oil 13 Packet Page -4409- New Horizon Plaza TIS —May 2012 12/11/2012 Item W.A. Appendix B: ITE Trip Generation Calculations (8th Edition) 2 Sheets 14 Packet Page -4410- 12/11/2012 Item 17.A. New Horizon Plaza TIS =May 202 New Horizon Summary of Trip Generation Calculation For 35 Th.Sq.Ft. GLA of Shopping Center May 05, 2012 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 98.06 0.00 1.00 3432 7 -9 AM Peak Hour Enter 1.44 0.00 1.00 51 7 -9 AM Peak_ Hour Exit 0.92 0.00 1.00 32 7 -9 AM Peak Hour Total 2.37 0.00 1.00 83 4 -6 PM Peak Hour Enter 4.41 0.00 1.00 154 4 -6 PM Peak Hour Exit 4.59 0.00 1.00 161 4 -6 PM Peak Hour Total 9.00 0.00 1.00 315 AM Pk. Hr, Generator, Enter 0.00 0.00 1.00 0 AM Pk Hr, Generator, Exit 0.00 0.00 1.00 0 AM Pk Hr, Generator, Total 0.00 0.00 1.00 0 PM Pk Hr, Generator, Enter 0.00 0.00 1.00 0 PM Pk Hr, Generator, Exit 0.00 0.00 1.00 0 PM Pk Hr, Generator, Total 0.00 0.00 1.00 0 Saturday 2 -Way Volume 136.25 0.00 1.00 4769 Saturday Peak Hour Enter 6.43 0.00 1.00 225 Saturday Peak Hour Exit 5.94 0.00 1.00 206 Saturday Peak Hour Total 12.37 0.00 1.00 433 Sunday 2 -Way Volume 136.04 0.00 1.00 4762 Sundav Peak Flour Enter 0.00 0.00 1.00 0 Sunday Peak Hour Exit 0.00 0.00 1_00 0 Sunday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24 -Hr. 2 -Way Volume: LN(T) _ .65LN(X) + 5.83, R ^2 = 0.78 7 -9 AM Peak Hr. Total: LN(T) _ .59LN(X) + 2.32 R ^2 = 0_52 , 0.61 Enter, 0.39 Exit 4 -6 PM Peak Hr. Total: LN(T) _ .67LN(X) + 3.37 R ^2 = 0.81 , 0.49 Enter, 0.51 Exit AM Gen Pk Hr. Total: 0 R ^2 = 0 0 Enter, 0 Exit PM Gen Pk Hr. Total: 0 R ^2 = 0 , 0 Enter, 0 Exit Sat. 2 -Way Volume: LN(T) _ .63LN(X) + 6.23, R"2 = 0.82 Sat. Pk Hr. Total: LN(T) _ .65LN(X) + 3.76 R ^2 = 0.83 , 0.52 Enter, 0.48 Exit Sun. 2 -Way Volume: T = 15.63(X) + 4214.46, R ^2 = 0.52 Sun. Pk Hr. Total: 0 R ^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 15 Packet Page -4411- New Horizon Plaza TIS --May 2022 New Horizon Summary of Pass -By Trips For 35 Th.Sq.Ft. GLA of Shopping Center March 09, 2012 Average Weekday 7 -9 AM Peak Hour Enter 7 -9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4 -6 PM Peak Hour Enter 4 -6 PM Peak Hour Exit 4 -6 PM Peak Hour Total Saturday Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total 12/11/2012 Item 17.A. Driveway Pass -By Volume Added to Volume Trips Adjacent Streets 51 0 51 32 0 32 83 0 83 154 82 72 161 85 76 315 167 148 225 85 140 208 79 129 433 164 269 Note: A zero indicates no data available. Pass -By Trips were calculated on the basis of the following: Weekday P.M. Peak Period Pass -By Trip Percentage: Ln(T)=- 0.29Ln(X) +5.0.0, R ^2 =0.37 Saturday Midday Pk. Pd. Pass -By Trip Percentage: T=- 0.02(X) +38.59, R ^2 =0.29 Number of Pass -By Studies:100 for Weekday PM PK PD and 11 for Saturday. Source: Institute of Transportation Engineers Trip Generation Handbook, Second Edition, June, 2004. TRIP GENERATION BY MTCROTRANS 16 Packet Page -4412- i m nn�W H �x 'c She 1 �9 rc roN 3> N' z w m / � -3iz N U• °gaa 'aa p��Q=CO.<.r rcyolLL I €6 6 A �/c a UY . w ,6 N =yo a�Q�3J W a jo arc�a wf� o � as �e m ��J¢�NWO g >ZiomH -- w3uav°i °��'w z`3 �3a > >4LLU i e � W �s Is l In I p _ xis °F�z I s oZ �� I o Nam oX °Y F\� o szz.w °`oW `�• R iz o n's 4 ¢jFia I N�¢ z>mIz WA WWwo a W a�w >uwam w I _ 1 C S tea, nz i m nn�W H �x 'c She 1 �9 rc roN 3> N' 11 z / N U• €6 6 A �/c a UY . w ,6 �g tia C w °9q�9 �tl C by Cc bd gp V � oz 4� 4 I i I8e &3 ffie 3� $`s 12/11/2012 Item 17.A. I (0)'M.6S.4f.SC6 i� ° $ w 4y 'c She 1 �9 N' e / N U• €6 6 �/c a UY - �g tia C w °9q�9 �tl C by Cc bd gp V � oz 4� 4 I i I8e &3 ffie 3� $`s 12/11/2012 Item 17.A. I (0)'M.6S.4f.SC6 i� ° $ w 4y 'c She 1 kn €6 p W a L o � as �e WW � �s Is l In I w � W s oZ �� I F\� I I R a� w„ Packet Page -4413- hi �a�a gN�m� :gip "m >o RA �zjg ." J, n= �o d ' pe a i$, , ��n��x�gg�a Ho R5H snag o gio_ F'e`e ° -' _..� wQ�n•�.`a�s W a o WW � V =39 gn k W s hi �a�a gN�m� :gip "m >o RA �zjg ." J, n= �o d ' pe a i$, , ��n��x�gg�a Ho R5H snag o gio_ F'e`e ° -' _..� wQ�n•�.`a�s 12/11/2012 Item 17.A. RESOLUTION NO. 12- n A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C -3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use in a C -3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 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 of the Collier County Land Development Code on the property hereinafter described, WHEREAS, all interested parties have been given opportunity tct..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: Mac Business Plaza LLC 1CU- PL2011 -1757 Revised 12 /03112 Page I of 2 Packet Page -4414- 12/11/2012 Item 17.A. Petition Number PL201.10001757 filed by New Horizon Properties, LLC Aith respect to '~ the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use in a C -3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores.. food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.0. l .c.17 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. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super- majority vote, this day of 2412. ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk- Approved as to form and legal sufficiency-, Heidi Ashton -Cicko , Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C Conditions of Approval CP112 -CPS - 01161146 BOARD OF "ZONING APPEALS COLLIER COUNTY, FLORIDA ffm FRED W. COYLE, Chairman Mac Business Plaza'LLC 1CU- PL.2011 -1757 Revised 12/03/12 Page 2 of 2 Packet Page -4415- 12/11/2012 Item 17.A. LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33, PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST, 884.91 FEET TO A POINT ON THE SOUTH RIGHT -OF WAY LINE OF U.S. 41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, 4424 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3, 210.55 FEET, A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS, AND A CHORD DISTANCE OF 44.23 FEET, BEARING SOUTH 54 DEGREES 1 MINIM 20 SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MWUI'ES I SECOND EAST, ALONG SAID RIGHT OF WAY LINE 1124.37 FEET TO THE POINT OF BISGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST, 600.00 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 35 DEGREES 34 MMt= S9 SECONDS WEST, 321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST, 541.69 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET, A CENTRAL ANGLE OF 54 DEGREES l8 MINUTES 18 SECONDS, AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 NIINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; THENCE NORTH 35 DEGREES 34 M NOTES 59 SECONDS EAST, 207.46 FEET TO THE POINT OE BEGIN IG. SAID PARCEL CONTAINING 4.38 ACRES, MORE OR LESS. Exhibit "A" Packet Page -4416- W of F� a� 2U� �3 z 0 O 12/11/2012 Item 17.A. o !I If r I J a NW G U a9�K } i i r t '�'ik :� I p 1 W yyr�a off 1S5 3 F•(' p x Cl =aw�� 9� RK $omc II � 11, Z l l e I o 0 �g W of F� a� 2U� �3 z 0 O 12/11/2012 Item 17.A. o !I If r I J a NW G U a9�K } C 0 v 0 Z a N 0 N t 0 �JJ� NSVf sn a y uj ...j t live I z 52 Li z �' - r►bt iTY 4t it t .Itl t Ell m aN1 M n.3 o v Nov. { t� at .� N a W u° ic- r 7]3 W /'� 1'Ti W 4 � a ia=i t Z 2 O 1'rl E !qC yam gn y7� -Ijo(yV a' ( }[ Zli a 'C'�<(} < K 1 11 1 1* 44u V••yJ 3cm lrfFL ��F= � W�t �.I K I � •� •O{ �F gm-! � LU Packet Page-4417- ' z X W i i r t '�'ik :� I p 1 W yyr�a C 0 v 0 Z a N 0 N t 0 �JJ� NSVf sn a y uj ...j t live I z 52 Li z �' - r►bt iTY 4t it t .Itl t Ell m aN1 M n.3 o v Nov. { t� at .� N a W u° ic- r 7]3 W /'� 1'Ti W 4 � a ia=i t Z 2 O 1'rl E !qC yam gn y7� -Ijo(yV a' ( }[ Zli a 'C'�<(} < K 1 11 1 1* 44u V••yJ 3cm lrfFL ��F= � W�t �.I K I � •� •O{ �F gm-! � LU Packet Page-4417- ' z X W 12/11/2012 Item 17.A. CONDITIONS OF APPROVAL FOR CU- PL2011 -1757 At the time of this Conditional Use approval, the site plan (attached as Exhibit "B ") 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" provided that conditions of Exhibit "C" are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C -3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: I. The maximum aggregate gross floor area permitted on the subject 4.38 acre site is 35,000 square feet. 2. The maximum gross floor area for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.38 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 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 after 10 p.m. 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. 6. The food stores, food services, personal services, video rental or retail uses authorized by this Conditional Use are limited to the following: a. Apparel and accessory stores (5611 -5661, 5699 - limited to bathing suit, sports apparel, and tee shirts custom printed stores). b. Auto and home supply stores (5531). C. Computer and computer software stores (5734). d. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to locational requirements of section 5.05.01. e. Food stores (groups 5411, 5499 – limited to health food stores & vitamin stores). f. General merchandise stores (5331, 5399). g. Hardware stores (5251). h. Home furniture and furnishings stores (5712 -5714, 5719 - limited to stores retailing aluminum ware, bedding, china stores, cookware, cutlery, glassware stores, housewares, kitchenware, lamps and shades, linens, venetian blinds, and window shades). Altemate -rev. 11/30/12 1 oft Packet Page -4418- k. 1. m. n. o. P. q• r. 12/11/2012 Item 17.A. Household appliance stores (5722). Musical instrument stores (5736). Paint stores (5231). Personal services, miscellaneous (7299 — limited to clothing, costume rental, dress and suit rental). Radio, television and consumer electronics stores (5731). Record and prerecorded tape stores (5735). Excluding adult orientated stores. Retail nurseries, lawn and garden supply stores (5261). Retail services - miscellaneous (5941 -5945, 5947, 5999) limited to art dealers, artificial flower stores, artists` supply and material stores, sporting goods stores and bicycle shops, book stores, stationery stores, jewelry stores, hobby, toy, and game shops, pet food stores, and picture frames, ready -made. Videotape rental (7841). Excluding adult orientated stores. Wallpaper stores (5231). Alternate -rev. 11/30/12 EXHIBIT C 2 of 2 Packet Page -4419- 12/11/2012 Item 17.A. 26D * Wednesday, October 24, 2012)) NAPLES DAILY NEWS x. NOTICE OF PUBLIC HEARING Notice. is. hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of.Collier County will held a public hearing on Tuesday, Novern- 13,' -2012, in 'the'`B6ardroom, 3rd Floor, Administration Building, Collier County Government. Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: CU- PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF .ZONING APPEALS .OF COLLIER COUNTY, ,FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C -3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOORAREAIN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR -RETAIL USES PURSU- A N T TO SUBSECTIONS 2.63.03.C.1:c.10, 2.03.03.C.1.c:16 -AND 2.03.03.0 1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND.BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,' COLLIER COUNTY, FLORIDA [COORDINATOR; NANCY GUNDLACH, AICP, RLA. PRINCIPAL PLANNERI A.. copy of the proposed Resolution .a 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 Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be. limited to 3 minutes on any item. The selection of an individual to speak on behalf of an . organization or group is encouraged. If recognized by the ' Chair, a spokesperson for a group or. organization may be allotted 1G 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 respPective 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides.to appeal a decision of the Board will need a record of the proceedin s- pertaining thereto and therefore, may need to ensure that a verbatim record ofg the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in .this proceeding, you. are entitled, at no cost to you, to the provision of ..certain assistance. Please contact .the Collier County Facilities 'Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK . Byy: Martha Vergara, Deputy Clerk (SEAL). _-October 24. 2012 No 1965770 Packet Page -4420- S 12/11/2012 Item 17.A. 24D)) Friday, October 26, 2012 ,) N A P L E S DA I LY NEWS NOTICE OF PUBLIC HEARING 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. November 13. 2012, in the Boardroom, 3rd Floor, Administration Building, Copier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: CU- PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF ZONING AP- PEALS OF COLLIER - COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDI- TIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIF- FERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2A3A3.C.1.c.10, 2.03.034.1.c:16 AND 2.03,03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 28 EAST, COLLIER COUNTY, -FLORIDA [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL 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 Administra- tor prior to presentation of the agenda item to be addressed. Individual speakers will be limited to minutes on any Item. The selection of an individual to speak on behalf of an organization or group is encouraged. if recognized by the Chair, 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings per- taining 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. M 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 Tamiaml Trail Fit, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS - BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk - (SEAL) No. 2401949801 October 28: 2012 Packet Page -4421-