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Agenda 12/11/2012 Item #17B12/11/2012 Item 17.6. EXECUTIVE SUMMARY Recommendation to adopt a Resolution as the Board of Zoning Appeals of Collier County, Florida determining that Animal Specialty Services - Pet Grooming Only is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD as authorized in Section 3.3 of Ordinance 0440. The subject property is located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) determine that Animal Specialty Services — Pet Grooming Only is a comparable and compatible use in the Goodlette Corners Planned Unit Development (PUD). Section 3.3.A.31 Permitted Uses of the PUD states that "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals" is a permitted use. CONSIDERATIONS: The Goodlette Corners PUD permits a variety of commercial, financial, health and office uses. Permitted uses within the PUD are referenced by a Standard Industrial Classification (SIC) code. Section 3.3.A.31 of the PUD authorizes the BZA to permit uses not specifically listed as a permitted use in the PUD, if: • the use is comparable with other uses permitted in the PUD, • the use is consistent with the permitted uses listed in the PUD, and • the use is consistent with the purpose and intent of the PUD. A pet grooming facility has been proposed as a use within the Goodlette Corners PUD. A dog grooming facility is identified as SIC Code 0752 under the general use category of Animal Specialty Services, Except Veterinary. This use group permits animal shelters, artificial insemination services, honey straining and horse training services, among others; therefore, the request is to limit the permitted use to Animal Specialty Services — Pet Grooming Only. SIC Code 0752 is not specifically listed as a permitted use in the Goodlette Corners PUD. However, staff notes that the PUD permits Veterinary Services — Household Pets Only, which is identified as SIC Code 0742. Staff analysis indicates that the proposed use of Animal Specialty Services — Pet Grooming Only is comparable to the Veterinary Services - Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. Staff analysis also indicates that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the permitted uses in the PUD, since those uses include Veterinary Services — Household Pets Only. Staff analysis further indicates that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the purpose and intent of the Goodlette Corners PUD which Packet Page -4422- 12/11/2012 Item 17.13. states that the "Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health and office uses." FISCAL MACT: The proposed land use for pet grooming by and of itself will have no fiscal impact on Collier County. There is also no guarantee that a pet grooming shop will be established in the Goodlette Corners PUD. In addition, if the use is approved, it will be located in an existing approved development; therefore, the existing land will not result in major impact to Collier County public facilities. GROWTH MANAGEMENT UAPACT: There is no Growth Management Plan impact associated with this determination. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires an affirmative vote of four commissioners for approval. - HFAC RECOMMENDATION: That the BZA adopt the attached Resolution approving the use of Animal Specialty Services — Pet Grooming Only in the Goodlette Conners PUD and authorize the Chairman to sign the Resolution. Prepared by: Fred Reischl, AICP, Senior Planner; Planning & Zoning Department Attachments: 1) Applicant's request and response; 2) Ordinance 04-40; Goodlette Corners PUD; and 3) Resolution Packet Page -4428- COLLIER COUNTY Board of County Commissioners Item Number: 17.13. 12/11/2012 Item 17.13. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida determining that Animal Specialty Services — Pet Grooming Only is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Goodlette Corners PUD, as authorized in Section 3.3 of Ordinance 04 -40. The subject property is located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. Meeting Date: 12/11/2012 Prepared By Name: ReischlFred Title: Sr. Planner, Land Development Services 11/15/2012 8:44:00 AM Approved By Name: BosiMichael Title: Manager - Planning,Comprehensive Planning Date: 11/15/2012 11:01:27 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 11/15/2012 12:44:20 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 11/16/2012 2:25:17 PM Name: LynchDiane Title: Administrative Assistant Date: 11/26/2012 11:41:06 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportafion,County Attor Packet Page -4424- Date: 11/28/2012 3:30:40 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/29/2012 12:10:10 PM Name: KlatzkowJeff Title: County Attorney Date: 11/29/2012 2:59:58 PM Name: OchsLeo Title: County Manager Date: 12/1/2012 2:32:26 PM Packet Page -4425- 12/11/2012 Item 17.13. Co eY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION ZONING SERIF APPL (check below if the foil 12/11/2012 Item 17.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net CATION LETTER ATION wina Ann s) ❑ Environmental Issue n Florida Right to Farm Act (FS 823.1A ZLTR- PL20120002570 PROJECT NUMBER GOODLETTE CORNERS PROJECT NAME DATE: 10/29/12 DATE PROCESSED DUE: 11/29/12 Please provide all of the intormation requested See below for submittal requirements. Please allow 30 days for processing. APPLICANT INFORMATION Applicant's Name Firm _ Address 5' City i State B__ ZIP_ ► Phone ) 4 - Fax E -Mail -7 c_�l C4 A A Ccy SITE [NFORMATION : . Address Folio Number &t 17 yf 12-5- e Property Owners Name Verification being requested (Please state specifically the questions you would like answered, in the space below or on a separate attachment. The Zoning Verification Letter will respond only to those questions): r e Please attach survey or any other information which may be relevant to your request. 8/30/2010 Packet Page -4426- Co e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 12/11/2012 Item 17.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.collierciov.net SUBMITTAL REQUIREMENTS • Application Fee: $100 (payable to the JBoard of County Commissioners NOTE: Additional Fees of $100 per ho�u will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. • Additional copy of application and all attachments • The application can be delivered or mailed to: Growth Management Division /Planning and Regulation, Attn: Business Center, 2800 North Horseshoe Drive, Naples, Florida 34104. Applicant Signature t�3i� Date Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 8/30/2010 Packet Page -4427- 12/11/2012 Item 17.13. c 7 AJ Packet Page -4428- Aer County 12/11/2012 Item 17.13. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 262 -2400 FAX (239) 262 -6368 www.colliergov.net ZONING VERIFICATION LETTER APPLICATION (check below if the following applies) ❑ Environmental Issue ❑ Agricultural Exemption - Florida Right to Farm Act (FS 823.14) PROJECT NUMBER PROJECT NAME For Staff Use DATE PROCESSED Please provide all of the information requested. See below for submittal requirements. Please allow 30 days for processing. I APPLICANT INFORMATION I Applicant's Name Craig R Stephens Firm Phoenix Associates of South Florida, Inc. Address 2590 Northbrooke Plaza Drive * Suite 308 City Naples State Florida Zip 34119 Fax (239) 596 -2637 Phone (239) 596 -9111 ext 204 E -Mail cstephens @phoenix- associates.com I SITE INFORMATION I Address 1410 Pine Ridge Road * Unit 16 * Naples, Florida 34109 Folio Number 61942560003 Property Owners Name GOODLETTE CORNERS LLC Verification being requested (Please state specifically the questions you would like answered, in the space below or on a separate attachment. The Zoning Verification Letter will respond only to those questions): Refer to attached letter regarding specific questions and request for proposed use, a copy of PUD Ord. #04-40 and Approved / Proposed S.I.C. codes. Please attach survey or any other information which may be re/e * your request. 8/30/2010 Packet Page -4429- C er Count 12/11/2012 Item 17.13. 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 SUBMITTAL REQUIREMENTS • Application Fee: $100 (payable to the Board of County Commissioners) NOTE: Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. • Additional copy of application and all attachments • The application can be delivered or mailed to: Growth Management Division /Planning and Regulation, Attn: Business Center, 2800 North Horseshoe Drive, Naples, Florida 34104. Applicant Signature Date / -'` - Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. 8/30/2010 Packet Page -4430- 12/11/2012 Item 17.13. PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC. CGC #034149 W W W.PHOENIX- ASSOCIATES.COM Authorized Builder for NUCOR Building Systems Corporation ZONING VERIFICATION LETTER October 30h , 2012 TO: Collier County Government Growth Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 FROM: Randy Johns RE: Goodlette Corners PUD (Ord. #04 -40) — Zoning Verification Letter To Whom it May Concern, Goodlette Corners PUD (Ord. #04 -40) is located at the southwest corner of the intersection of Goodlette -Frank Road and Pine Ridge Road. The intended zoning for this property is for Commercial Land Uses, consisting of: Office, Service, and Low to Moderate intensity retail land uses as well as other uses that are comparable in nature and consistent with the permitted uses of the Goodlette Corners PUD (Ord. #04 -40). Question: Would "Animal Specialty Services" (SIC #0752, specifically pet grooming) be an allowable use at Goodlette Corners PUD (Ord. No. 2004 -40), since it is comparable in nature to that of "Veterinary Services for Animal Specialties" (SIC #0742) listed under the "Permitted Uses" shown in the Goodlette Corners PUD (Ord. No. 2004 -40). The following application submittal package contains: - Application - SIC #0742 & #0752 - Goodlette Corners PUD (Ord. No. 2004 -40) - Fee - $100.00 If you have any questions or comments regarding this application, please contact me at 239 - 596 -9111 ext.201. Sincerely, leod� &TOl�rs CORPORATE OFFICES 2590 NORTHBROOKE PLAZA DRIVE — SUITE 308 — NAPLES, FLORIDA 34119 PH 23! packet Page -4431-.596-2637 o a a L'' r a - Ch - a 3 W FW a Z S s A FA FA a : Co C O V tc ~ G � N CL M v i z d e ~ a o N a H � 4 N Co U° V al � `� ~ L °' R U /"\ M Z 0 c v � � y f0 B C Vf 0 y N � � y N .`� u �... y t 01 z oiS 0 ai .0 N Q U t w N C%o y C it N Ci • �. Cu . 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Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliernov.net AFFIDAVIT We �tc Lz� Vii= L� izf'ik . ' . LL& being first duly sworn, depose and say that +!!�e'jl am ' ra e,the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We nderstand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Waff iurther authorize" "v O,;ct* 6;�'a« ajlf f -L ltk . to act as our /my represenUiffve in any matters regarding this Petition. Si° e of Property Owner Signature of Property Owner ► EE IACAW4P t+ t Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this :Z0 4A day of 20 12. by :5+4✓e- "n,'ka d who is personally known to me or has produced as identification. State of Florida (Signature of Notary Public — State of County of Collier ,,,, Florida) Oscar Lascano _z:cAMMiSSioN #00959762 EXPIRES: FEB. 09,2014 `'�e- l- ct5c4 ''�' ''4p,°n; °.•�� www. AARON NOTARY= (Print, Type, or Stamp Commissioned Name of Notary Public) February 4, 2011 Packet Page -4434- November 7, 2012 Randy Johns Phoenix Associates of South Florida, Inc. 2590 Northbrooke Plaza Drive, Suite 308 Naples, FL 34119 12/11/2012 Item 17.13. Re: Zoning Verification Letter ZLTR- PL20120002570; Goodlette Corners PUD, Collier County, Florida. Dear Mr. Johns: Thank you for your request for Zoning Verification received on October 29, 2012. The subject property is zoned Planned Unit Development (Goodlette Corners PUD), Ordinance No. 04 -40. You requested verification of the use of Animal Specialty services — Pet Grooming Only in the subject PUD. The PUD does not list pet grooming as a permitted use; however, Section 3.3.A.31 of the PUD does permit "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals ". A dog grooming facility is identified as SIC Code 0752 under the general use category of Animal Specialty Services, Except Veterinary. This use group permits animal shelters, artificial insemination services, honey straining and horse training services, among others. However, your request is to limit the permitted use to Animal Specialty Services — Pet Grooming Only. SIC Code 0752 is not specifically listed as a permitted use in the Goodlette Corners PUD. However, staff notes that the PUD permits Veterinary Services — Household Pets Only, which is identified as SIC Code 0742. Staff notes that the proposed use of Animal Specialty Services — Pet Grooming Only is similar to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. Staff believes that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the purpose and intent of the Goodlette Corners PUD which states that the "Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health and office uses." Staff's opinion, subject to BZA approval, is that the proposed use of Animal Specialty Services — Pet Grooming Only is comparable to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. In accordance with Section 3.3.A.31 of the PUD, your request will be forwarded to the — (,D Planning & Zoning Department • 2800 North Horseshoe Drive • Naples, FL 34104 •239- 252 -2400 • www.colliergov.net Packet Page -4435- 12/11/2012 Item 173. Board of Zoning Appeals for approval of Staffs opinion. You vAfl be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by: FreCRjUschl, AICP, Senior Planner Raymo d V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Packet Page -4436- r. 12/11/2012 Item 17.13. ORDINANCE NO. 04- 4o AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9515N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -4" RESIDENTIAL SINGLE A;. FAMILY AT FOUR UNITS PER ACRE AND "PUD ". PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED =' UNIT DEVELOPMENT KNOWN AS THE GOODLETTE n�.. CORNERS PUD HAVING THE EFFECT OF AMENDING THE PUD TO INCREASE THE ACREAGE FROM 8.5+ Tc. ACRES TO 8.8± ACRES, FOR PROPERTY LOCATED o C,; IMMEDIATELY WEST OF THE EXISTING GOODLETTE 2FV CORNERS PUD, IN SECTION 15, TOWNSHIP 49 SOUTH, a+T RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 02 -08, THE FORMER GOODLETTE CORNERS PUD; AND BY PROVIDING AN EFFECTIVE DATE. c . t co ��-- -m cn U�) WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Robert A. Soudan, Sr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" and "RSF -4" to "PUD" Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9515N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 02 -08, ;o-.o•,vn as the Goodlett Corners PUD adopted on February 26, 2002, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Packet Page -4437- 12/11/2012 Item 17.13. SECTION THREE: n This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier „1! County, Florida, this V day of ��� , 2004. ATTEST: DWIGHT E. BROCK, CLERK tom• ..;,.;' ��., ac. �irl,,,,.o � , r, �i► . � Mar tO M. Student Assistant County Attorney P U DZ -A- 2003 -A R- 4788/M BAO BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN Packet Page -4438- This ordinonce filed with the cry of State's Office Aw— dal gent that ackraw and filing hceived this of G . B 12/11/2012 Item 17.13. GOOBLEM CORNERS PUB A PLANNED UNIT DEVELOPMENT PREPARED FOR: PINE RIDGE REDEVELOPMENT GROUP C/O AMY ASHBY 1298 PINE RIDGE ROAD NAPLES, FLORIDA 34108 and ROBERT SOUDAN 800 FRONTAGE ROAD NORTHFIELD, ILLINOIS 60093 PREPARED BY: rnz =: °'""' D.WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. �, o` 7 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34135 A. `" And RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 N. TAMIAMI TRAIL, SUITE 300 NAPLES, FLORIDA 34103 DATE FILED February 26. 2002 DATE REVISED August 28, 2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER o' DD,4 40 EXHIBIT "A" Packet Page -4439- TABLE OF CONTENTS 12/11/2012 Item 17.B. PAGE LIST OF EXHIBITS i STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2 -1 SECTION III COMMERCIAL AREAS PLAN 3 -1 SECTION IV DEVELOPMENT COMMITMENTS 4.1 G:\CurrentlBosi\bosi- documents \goodlette corners - 4788 \C.,- ," -• -- r..........,. or rn A- -.. -tem - ised post ccpc.doc Packet Page -4440- 12/11/2012 Item 17.13. LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" LEGAL DESCRIPTION EXHIBIT "C" LIST OF PROPERTY OWNERS EXHIBIT "D" CONCEPTUAL ARCHITECTURAL ELEVATION Packet Page -4441- 12/11/2012 Item 17.13. STATEMENT OF COMPLIANCE The development of approximately 8.8t acres of property in Collier County, as a Planned Unit Development to be known as the Goodlette Comers PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Goodlette Corners PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Residential Sub - District as shown on the Future Land Use Map and meets the requirements of the Office and In -fill Commercial Sub - District of the Urban - Mixed Use District in the Future Land Use Element. The Future Land Use Element permits commercial land uses on the subject land since the project meets the requirements of the Office and In -fill Commercial Sub - District by: fronting on a collector or arterial roadway, abutting commercial zoning along its western boundary, the depth of proposed commercial uses does not exceed the depth of the abutting commercial uses, the project will be served by public water and sewer, the project will be compatible with existing and permitted future land uses on surrounding properties, and the subject land area is less than twelve acres. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's commercial intensity as described in Objective 2 of the Future Land Use Element. 3. The project development's proposed uses and perimeter buffering will allow it to be compatible and complimentary to surrounding land uses, as required in Policy 5.4 of the Future Land Use Element. 4. improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. 8. The easternmost property zoned C -1 was reviewed under the Zoning Reevaluation Program and is deemed consistent by Future Land Use Element Map 10. Packet Page -4442- 12/11/2012 Item 17.13. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Goodlette Corners PUD. 1.2 LEGAL DESCRIPTION The subject property being 8.8± acres, is located in Section 15, Township 49 South, Range 25 East, and is fully described as on Exhibit "B ". 1.3 PROPERTY OWNERSHIP The subject property is owned by numerous property owners. A complete breakdown is shown on Exhibit "C ". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest corner of the intersection of Goodlette -Frank Road and Pine Ridge Road (unincorporated Collier County), Florida. B. The approximate western 1/3 acre of the site is currently zoned RSF -4 and is vacant. The balance of the site is currently zoned PUD and is occupied by Lock -up Storage Suites and older structures and legal non- conforming C -3, C -5, and light industrial land uses. The entire subject property is proposed to be rezoned to PUD for commercial land uses. 1.5 PHYSICAL DESCRIPTION The project is located within the Gordon River Drainage Basin as shown on the Collier County Drainage Atlas. Runoff from the site will flow southerly to the Gordon River System. The project will be designed for a 3 -day, 25 -year storm event for minimum road crown elevations and a 3 -day, 100 -year discharge for minimum finished floor elevations, in accordance with the Rules of the South Florida Water Management District. Estimated site elevations, as provided on the U.S.G.S. map, range from 12 feet NGVD to 14 feet NGVD, with an average existing grade of ' 13 feet NGVD. The site is within Flood Zone "X ", per the Flood Insurance Rate Maps. 1 -1 Packet Page -4443- 12/11/2012 Item 17.B. ^ Per Collier County Soil Legend dated January 1990, the soil type found limits of the property is #32 Urban land. The site has scattered s ash hp pines, australian pines, ficus, oaks, and exotics, such as melaleuca trees. Except for the melaleuca trees, all of these trees were likely planted by the property owners. 1.6 PROJECT DESCRIPTION The Goodlette Corners PUD is a project comprised of 8.8 acres designated for commercial land uses, consisting of: office, service, and low to moderate intensity retail land uses. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Goodlette Corners Planned Unit Development Ordinance ". 1 -2 Packet Page -4444- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 12/11/2012 Item 17.13. The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Goodlette Comers PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County LDC and Growth Mananement Plan in effect at the time of issuance of any development ordF�- to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Goodlette Corners PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County LDC. 7_t Packet Page -4445- 12/11 /2012 Item 17.B. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Commercial uses are limited to 8.8tacres. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Subdivision of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2, Subdivisions, of the LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans, of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the other requirements of Subsection 2.6.33.3 of the LDC. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and it's stockpiling in preparation of water management facilities or to otherwise develop water bodies are hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Subsection 3.5.5.1.3 of the LDC, whereby off -site removal shall be limited to 10% of the total volume excavated, but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation,of the LDC shall apply. ?_1 Packet Page -4446- 2.7 low DESIGN GUIDELINES AND STANDARDS The site will be a master planned site having pedestrian access throughout. All buildings Corners PUD shall be subject to Division 2.8 Design Standards and Guidelines. 12/11/2012 Item 17.13. common and shared vehicular and constructed within the Goodlette of the LDC, Architectural and Site All buildings throughout the project shall have compatible design elements. Buildings shall contain unifying elements such as roof treatments, building materials, color scheme, landscaping and signage. Rear building elevations shall have similar design treatments as provided on front elevations. In addition to the above criteria, the indoor climate controlled self - storage facility shall be designed so that no external storage unit door faces Pine Ridge Road, and it shall be constructed in conformance to the architectural details shown in Exhibit D. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance and PUD Master Plan as provided in Subsection 2.7.3.5 of the LDC. PUD amendments having the effect of modifying a development standard, permitted use, development commitment or PUD master plan that is specific to an individual development tract(s), may be applied for by the owner(s) of that development tract(s). The amendment(s) that are approved shall only apply to the tract(s) whose owner or agent applied for the amendment(s) and not to any tract(s) whose owner or agent did not apply for the amendment(s). 1 -1; Packet Page -4447- SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE 12/11/2012 Item 17.13. The purpose of this Section is to identify specific development standards for the Commercial Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 GENERAL DESCRIPTION Areas designated as Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health, and office uses. Commercial Areas are limited to a maximum of 8.8 ±acres. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: AREA "A ": A. Permitted Principal Uses and Structures: 1. Amusement and recreation services (groups 7911(excluding discotheques and dance halls) and 7991). 2. Apparel and accessory stores (groups 5611 - 5699). 3. Auto supply stores (group 5531, only automobile accessory dealers shall be permitted). 4. Auto rental and services (group, 7515). 5. Business services (groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384, 7389; only interior decorating/design, mapmaking, notary public, paralegal service, and postal service contract stations shall be permitted). 6. Depository and non - depository institutions (groups 6021 - 6199). 7. Eating places (group 5812 except, industrial feeding, contract feeding and commissary restaurants) and drinking places (group 5813 cocktail lounges only in conjunction with a restaurant.) Subject to the following restrictions: 'A-i Packet Page -4448- 12/11/2012 Item 17.B. a) Fast food and drive through restaurants shall be prohibited in the PUD. b.) Eating places shall be permitted in Areas "A" and "B" and further restricted to only those establishments primarily involved in preparation of breakfast, lunch or catered items with customer service hours between 6:00 a.m. and 6:00 p.m. c) Area "C" as shown on the Master Plan shall permit full - service sit -down restaurants. Alcoholic beverage service, other than that consumed in conjunction with dining, shall be restricted to an area not exceeding 15% of the restaurant's square footage, and shall not provide alcoholic beverage service beyond the normal hours of operation of the restaurant's full - service food preparation and dining activities. 8. Educational services (groups 8231 - 8249 (no exterior instruction of motorized equipment), 8299). 9. Food stores (groups 5411 - 5499). 10. General merchandise stores (groups 5331- 5399). 11. Health services (groups 8011 — 8059, 8071 —8092, and 8099). 12. Holding and other investment offices (groups 6712 - 6799). 13. Home furniture, furnishings and equipment stores (groups 5712 - 5736). 14. Insurance carriers, agents, brokers, and services (groups 6311 - 6399, 6411). 15. Legal services (group 8111). 16. Membership organizations (groups 8611, 8621, 8641 - 8651). 17. Miscellaneous repair (groups 7622, 7629 - 7631, 7641 only for antique furniture and home accessory repair and restoration, 7699 but only bicycle repair, camera repair, locksmiths, luggage repair, medical/ dental instrument repair, musical instrument repair, piano repair, saw /knife sharpening service, and custom picture framing). 18. Miscellaneous retail (groups 5912, 5921, 5932 (antiques only), 5941 - 5949, 5992, 5994 - 5999 (except auction rooms, monument and tombstone sales). 19. Video tape rental (7841). 3 -2 Packet Page -4449- 12/11/2012 Item 17.13. 20. Museums and art galleries (group 8412). 21. Paint, glass, wallpaper, hardware, and garden supply (groups 5231- 5261). 22. Personal services (group 7212 dry- cleaning and laundry pick -up stations only,) (7217, 7219 - 7291, 7299 (only car title and tag service, diet workshops, tuxedo rental, and tanning salon). 23. Professional offices, research, and management consulting services (groups 8711 —8721, 8732 - 8743, 8748). 24. Public administration (groups 9111 - 9222, 9229 - 9661). 25. Real estate agents and managers (groups 6512, 6531 - 6552). 26. Security and commodity dealers (groups 6211 - 6289). 27. Social services (groups 8322 (only adult day care services, counseling services, and senior citizens associations), 8351). 28. Travel agencies (group 4724). 29. Veterinary services (group 0742 for household pets only and without any overnight boarding or outside kennels). 30. Warehousing (group 4225 indoor climate controlled self storage with no outdoor storage, no on -site maintenance, assembly, manufacturing activities, and no metal roll -up garage doors.) 31. Any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. AREA "B ": All uses permitted in Area "A" with the exception of indoor climate controlled self- storage. AREA "C ": All uses permitted in Areas "A" and "B ", except indoor climate controlled self- storage. AREAS "A ", "B" and "C ": Neighborhood Park B. Accessory Uses: 'A-,I Packet Page -4450- 12/11/2012 Item 17.13. 1. Uses and structures that are accessory and incidental to the permitted uses within this PUD Document. 2. Cocktail lounge (group 5813 only in conjunction with eating places) 3. Caretaker's residences subject to Section 2.6.16 of the Collier County LDC, with the principal entry through the commercial building. C. Non - Conforming Uses Existing residential uses in Areas "A" and "B" of the PUD Master Plan shall be considered legal non - conforming uses based on the date of adoption of this Ordinance and shall thereafter meet the requirements of Division 1.8., Nonconformities, of the LDC. Each residential use in Areas "A" and "B" shall come into compliance with this PUD Document upon the issuance of the first building permit for redevelopment of the lot within Areas "A" and "B" of the PUD. 2. All existing uses in Area "C" shall be considered legal non - conforming uses based on the date of adoption of this Ordinance and shall thereafter meet the requirements of Division 1.8. Nonconformities; however, the provisions of all prior Collier County Resolutions relating to approval of non - conforming use changes in Area "C" shall remain in full force and effect. All non - conforming uses shall cease upon the issuance of the first building permit in Area "C" of the PUD for any permitted use listed in Section 3.3 of this PUD Document. 3. In the event that prior to redevelopment of Area C, the County elects to relocate Area C's access point on Goodlette -Frank Road to the location shown on the PUD Master Plan, any non - conforming structures or uses impacted by such access relocation may be relocated and rebuilt within Area "C" notwithstanding any other provision of this PUD or the LDC to the contrary. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. - B. Minimum Lot Width: Ninety (90) feet. C. Minimum Yards: 1-4 Packet Page -4451- 12/11/2012 Item 17.B. (1) Principal structures: (a) Front Yards Along Goodlette -Frank Road - Fifty (50) feet. (b) Front Yards Along Pine Ridge Road - Twenty -five (25) feet. (c) Rear Yards internal to the PUD - Fifteen (15) feet. (d) Side Yards Internal to the PUD - One -half (1/2) the building height as measured from the closest exterior building wall with a minimum of fifteen (15) feet. (e) Side Yards Abutting External Commercial Land - Twenty -five (25) feet. (f) Side Yards Abutting External Residential Land- Twenty -five (25) feet (g) Rear Yards Abutting External Residential Land - Thirty -five (35) feet. (2) Accessory Structures: Unless otherwise noted herein setbacks shall be as required by Section 2.6.2 of the LDC in effect at time of building permit application. D. Distance Between Principal Structures on the Same Parcel: One -half the sum of the building heights measured by the closest exterior building wall with a minimum of fifteen (15) feet. E. Minimum Floor Area: Seven hundred (700) square feet for the principal structure on the first habitable floor. F. Maximum Height: Forty -five (45) feet, not to exceed three (3) stories. The 45 foot maximum height shall be inclusive of . roof treatments and architectural embellishments. G. Off - Street Parking and Loading Requirements: As required by Division 2.3 of the LDC in effect at the time of building permit application. Packet Page -4452- 12/11/2012 Item 17.13. H. Buffering Reguirements: (1) A fifteen (15) foot wide Type "D" Buffer shall be provided along Pine Ridge Road, with the landscaping as required in Subsection 2.4.7.4 of the Collier County LDC. (2) A deviation from Subsection 2.4.7.4 of the LDC which requires a minimum 15 foot wide alternative "D" landscape buffer adjacent to rights -of -way greater than 100 feet in width, to permit a ten (10) foot wide Type "D" buffer along Goodlette -Frank Road, including along the west side of the off -site graveyard with the landscaping standards as required by Subsection 2.4.7.4 of the LDC. This buffer shall contain canopy trees, the number of which shall be calculated based on a minimum spacing of thirty (30) feet on center. All canopy trees within this buffer shall be a minimum of 12 feet high at time of planting. (3) Concurrent with each phas!_s of development, the developer shall be required to provide along the southern PUD boundary a fifteen (15) foot wide Type "B" buffer. The buffer shall consist of an 8 foot high pre -cast opaque concrete (or similar material) fence. The fence shall be off -set from the southern property line by a minimum of 7 � feet. Low level landscaping shall be installed on the residential side of the fence without provision or responsibility for irrigation and maintenance by the applicant. Canopy trees shall be installed in accordance with Section 2.4 of the Collier County LDC, except that required canopy trees shall consist of mahogany trees. The buffer shall be enhanced by the installation of cabbage palms, or similar tree species, ranging from 12 feet to 20 feet tall at time of planting and shall be spaced on an average of 10 feet on center. (4) Sorrento Gardens property owners shall be permitted to extend their residential fencing into the 7 foot off -set area and up to the 8 foot high fence of the PUD along the southern PUD boundary. L Sians Signs shall be permitted as described in Section 2.5 of the Collier County LDC. J. Hours of Operation No twenty -four (24) hour use of any permitted use shall be permitted within the PUD. 3 -6 Packet Page -4453- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE 12/11/2012 Item 17.13. The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the r standards and specifications of the official LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 4.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Subsection 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected for completion in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Subsection 2.7.3.4 of the LDC. 4 -1 Packet Page -4454- 12/11/2012 Item 17.13. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Subsection 2.7.3.6 of the Collier County LDC 4.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County LDC, Division 3.2., Subdivisions. 4.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal, if required. B. Permits may be required for filling in a portion or all of the on -site lake, cleaning the lake, and /or re- sculpturing it. C. Lake setbacks for the existing lake (if retained) from the perimeter of the ^ PUD to the south shall not be required as this lake is already located along a portion of the southern PUD boundary. Lake setbacks for any new lakes may be reduced to twenty -five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01 -57, as amended, and other applicable County rules and regulations. 4.8 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual, On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. 4 -? Packet Page -4455- 12/11/2012 Item W.B. '~ B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended, and Division 3.15 of the LDC, as it may be amended. E. All work within Collier County rights -of -way or public easements shall require a right -of -way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in /right out condition at any access point. The existence of a point of ingress, a point of egress or a median opening, or the lack thereof, shall not be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights -of -way or easements, compensating right -of -way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. A 2 Packet Page -4456- 12/11/2012 Item 17.13. K. Drainage shall not be permitted to discharge directly into any off -site roadway drainage system but may discharge into the canal along the western side of Goodlette -Frank Road with necessary permits. L. Until such time as Area "C" and the easternmost lot in Area `B" are redeveloped, all existing access points on Pine Ridge Road for these two areas shall remain as they exist on the date of approval of Ordinance No. 02 -08 (Febuary 26,2002). M. All commercial tracts shall provide internal cross access. N. Access locations to Pine Ridge Road and to Goodlette Frank Road are conceptual and subject to review and approval at final site development plan submittal consistent with the Access Control Policy (Resolution No. 01 -242), as may be amended, and the Collier County Construction Standards Handbook for Work Within the Public Right -of -Way (Ordinance No. 93 -64), as may be amended. All access locations and median locations are subject to modifications and/or closure at the discretion of Collier County. 4.9 PLANNING A. Pursuant to Subsection 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. All buildings, lighting, signage, landscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the LDC. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the buildings and signs to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for site development plan approval. The conceptual design master plan shall depict the above referenced standards of this Paragraph. C. A minimum of thirty (30) percent open space of the gross site area, as described in Section 2.6.32 of the LDC, shall be provided for this commercial project. 4-4 Packet Page -4457- 12/11/2012 Item 17.13. 4.10 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, shall be submitted to Environmental Staff for review and approval prior to final site development plan /construction plan approval for all parcels included in this project. B. This PUD shall be consistent with the environmental sections of the Conservation and Coastal Management Element of the Growth Management Plan and the LDC in effect at the time of final development order approval. C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. D. A minimum of 15% of the native vegetation on each parcel shall be retained or mitigated. This area of native vegetation will be approved at the time of site plan / construction plan approval. d_5 Packet Page -4458- O W�let O O N��fi SSff � R� avow -3ur=M 444 Mp } 9 99001 �)i �3 fib Ei own am MM Packet Page -4459- 12/11/2012 Item 17.B. Z fill t11r1 ;1 orso `OtAcrVanaaor, woo 12/11/2012 Item 17.13. LECAL DESCRIPTION EXHIBIT "B" THE EAST 1/2 OF THE EAST 1/2 OF LOT 51, NAPLES IMPROVEMENT . COMPANYS LITTLE FARMS ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING THE EAST 125 FEET THEREOF FOR ONE —HALF OF A RIGHT —OF —WAY AND A GRAVE PLOT DESCRIBED IN OFFICIAL RECORD BOOK 343, PAGE 688, M LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 48, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE NORTH 15 FEET THEREOF, =0 THE NORTH 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, LESS THE NORTH 15 FEET OF ROAD RIGHT —OF —WAY, NAPLES IMPROVEMENT COMPANYS LITTLE FARMS, PER PLAT IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. AND THE MIDDLE 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2. PAGE 21. OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS. A PORTION OF NAPLES IMPROVEMENT COOS LITTLE FARMS IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS. BEGIN AT THE NORTHEAST CORNER OF LOT 12 OF SORRENTO GARDENS UNIT No. 3, ACCORDING TO PLAT BOOK 6, PAGE 38 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 89'47'07" WEST FOR A DISTANCE OF 1,199.83 FEET; THENCE RUN NORTH 00 06'57" EAST FOR A DISTANCE OF 105.53 FEET; THENCE RUN SOUTH 89'47'23" WEST FOR A DISTANCE OF 125.00 FEET; THENCE RUN NORTH 00'06'57" EAST FOR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH 89'47'28" EAST FOR A DISTANCE OF 1,310.24 FEET; THENCE RUN SOUTH 5000'24" EAST FOR A DISTANCE OF 19.66 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 10.39 FEET; THENCE RUN SOUTH 89'49'03" WEST FOR A DISTANCE OF 15.00 FEET, THENCE RUN SOUTH 00'1251" WEST FOR A DISTANCE OF 60.00 FEET, THENCE RUN NORTH 8949'03" EAST- FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 218.40 FEET TO THE POINT OF BEGVeMgG OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 8.847 ACRES, MORE OR LESS. Packet Page -4460- 12/11/2012 Item 17.13. •q n: Property Owners' Names/Addresses (See Lot Number Shown on PUD Master Plan Area "C" — 3.76 -Acre parcel at SW corner of C3oodlette Roaffine Ridge Road — George W. Shepard and Son, Inc., P.O. Box 202, Naples, FL 34106 Most of Lot 1 — Roy Steven & Teresa Shepard, 6718 Mill Rua Circle, Naples, FL 34109- 7200 Lot 2 and sum of Lot 1 —Amy E. Ashby, 750 Myrtle Terrace, Naples, FL 34103 -2821 Lot 3 & 4 — Edward F, McCarthey & Doris J. Lewis, 94 Second Street South, Naples, FL 34102 -5909 Lot 5 — Carolyn A. Marsh & Mary S. Booton, Tnatee, 12774 Hunters Ridge Drive, Bonita Springs, FL 34135 -3433 Lot 6 — Robert K. Munn, 2390 Kings Lake Boulevard, Naples, FL 34112 -2307 Area "A' t- 2.3 Acres at the west end of PUD - Lock Up Pine Ridge LLC & SHS Development Company, 800 West Frontage Road, Northfield, IL 60093 -1205 FMORGOOMETTIMM AM RMUV=Zr CAw Packet Page -4461- .r 12/11/2012 Item 17.B. ze• • !ice .�• •, zip o Z • LOCJpV tELF STORAGE �IC M. T, -1" � C= 11b tfY rrY •AN tiny r � •�r •rte • �w� rr- , �w rrw�r D Packet Page - 4462"MMIT 12/11/2012 Item 17.13. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy Of: ORDINANCE 2004 -40 Which was adopted by the Board of County Commissioners on the 22nd day of June 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 2004. DWIGHT E. BROCK� �';� •" "'•• p `, Clerk of Coutt-.s:'$!i�Cerk` Ex- officio t-0fdB(rc�,.o£. County Commi�;ejo'r�,,e By: Ann Je ejohn Deputy Clerk Packet Page -4463- ),C 12/11/2012 Item 17.13. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING'' ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 0440. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development (PUD); and WHEREAS, on June 22, 2004, by Ordinance 04-40, the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Goodlette Corners PUD ^ for the subject property; and WHEREAS, Section 33A of the Goodlette Comers PUD provides for certain permitted uses, including Subsection 3.3.A.31, "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals' ; and WHEREAS, Randy Johns of Phoenix Associates of South Florida, Inc., on behalf of the applicant, Cecilia E. Valera, requested a determination as to the property described in Exhibit "A" that a pet grooming facility is a comparable and compatible use to the permitted uses of the Commercial Areas of the PUD; and WHEREAS, the PUD permits "veterinary services for household pets only (SIC code 0742)" uses; and WHEREAS, the Growth Management staff has opined that a pet grooming facility is a permitted use in the PUD, subject to BZA approval, by Zoning Verification letter dated November 7, 2012, attached as Exhibit `V ; and WHEREAS, applicant, Cecilia E. Valera, requests an affirmation of staff s determination by the Board of Zoning Appeals that a pet grooming facility is a comparable and compatible use within the Commercial Areas of the Goodlette Comers PUD according to Section 3.3.A.31 of the PUD; and Goodlette Comers PUD 1 of 2 ZLTR- PL20120002570 - 11/15/12 Packet Page -4464- 12/11/2012 Item 17.13. WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by applicant, Cecilia E. Valera as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER. COUNTY, FLORIDA, that as to the property described inExhibit "A The Zoning Verification letter dated November 7, 2012 is affirmed, and a pet grooming facility is a comparable and compatible Use within the Commercial Areas of the Goodlette Comers PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: LO-N 0� Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Legal Description Exhibit B — Zoning Verification Letter 12- CPS - 01198 \4 Goodlette Comers PUD ZLTR- PL20120002570 - 11/15/12 2 of 2 Packet Page -4465- FRED W. COYLE, Chairman 12/11/2012 Item 17.13. LECAL DESCRIPTION THE EAST 1/2 OF THE EAST 1/2 OF LOT 51, NAPLES IMPROVEMENT, COMPANY'S LITTLE FARMS ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, EXCEPTING THE EAST 125 FEET THEREOF FOR ONE —HALF OF A RIGHT —OF —WAY AND A GRAVE PLOT DESCRIBED IN OFFICIAL RECORD BOOK 343, PAGE 688, ' wul LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 4. PAGE 48, OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LESS THE NORTH 15 FEET THEREOF. AND THE NORTH 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51; LESS THE NORTH 15 FEET OF ROAD RIGHT —OF —WAY, NAPLES IMPROVEMENT COMPANYS LITTLE FARMS, PER PLAT IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS_ OF COWER COUNTY, FLORIDA. MEN THE MIDDLE 105 FEET OF THE EAST 12:5 FEET OF THE WEST HALF OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. MORE. PARTICULARLY DESCRIBED BY METES AND BOUNDS AS: A PORTION OF NAPLES IMPROVEMENT CO'S LITTLE FARMS IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 12 OF SORRENTO GARDENS UNIT No. 3, ACCORDING TO PLAT BOOK 6, PAGE 38 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 89'47'07" WEST FOR A DISTANCE OF 1,199.83 FEET; THNCE RUN NORTH 00'06'57" EAST FOR A DISTANCE OF 105.53 FEET; THENCE RUN SOUTH 69'47'23" WEST FOR A DISTANCE OF 125.00 FEET; THENCE RUN NORTH 00'06'57' EAST FOR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH 89'47'28" EAST FOR A DISTANCE OF 1,310.24 FEET; THENCE RUN SOUTH 50'00'24" EAST FOR A DISTANCE OF 19.66 FEET; THENCE RUN SOUTH 00'1251" WEST FOR A DISTANCE OF 10.39 FEET; THENCE RUN SOUTH 89'49'03' WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 00"12'51" WEST FOR A DISTANCE OF 60.00 FEET; THENCE RUN NORTH 8949'03" EAST. FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 00'12'51" WEST FOR A DISTANCE OF 218.40 FEET TO THE POINT OF BBGIINR G OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 8.847 ACRES, MORE OR LESS. Packet Page -4466- 12/11/2012 Item 17.13. Growth ,._ Diviskxi Planning & Zoning Department November 7, 2012 Randy Johns Phoenix Associates of South Florida, Inc. 2590 Northbrooke Plaza Drive, Suite 308 Naples, FL 34119 Re: Zoning Verification Letter ZLTR- PL20120002570; Goodlette Corners PUD, Collier County, Florida. Dear Mr. Johns: Thank you for your request for Zoning Verification received on October 29, 2012. The subject property is zoned Planned Unit Development (Goodlette Comers PUD), Ordinance No. 04-40. You requested verification of the use of Animal Specialty services — Pet Grooming Only in the subject PUD. The PUD does not list pet grooming as a permitted use; however, Section 3.3.A.31 of the PUD does permit "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals ". A dog grooming facility is identilfied as SIC Code 0752 under the general use category of Animal Specialty Services, Except Veterinary. This use group permits animal shelters, artificial insemination services, honey straining and horse training services, among others. However, your request is to limit the permitted use to Animal Specialty Services — Pet Grooming Only. SIC Code 0752 is not specifically listed as a permitted use in the Goodlette Comers PUD. However, staff notes that the PUD permits Veterinary Services — Household Pets Only, which is identified as SIC Code 0742. Staff notes that the proposed use of Animal Specialty Services — Pet Grooming Only is similar to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. Staff believes that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the purpose and intent of the Goodlette Comers PUD which states that the "Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health and office uses." Staffs opinion, subject to BZA approval, is that the proposed use of Animal Specialty Services — Pet Grooming Only is comparable to the Veterinary _Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. In accordance with Section 3.3.A.31 of the PUD, your request will be forwarded to the r Planning & Zoning Department + 2800 North Horseshoe Drive + Naples, Fl- 34104 + 239 - 252 -2400 + www.collier9ov.net EXHIBIT "B" Packet Page -4467- 12/11/2012 Item 17.13. Board of Zoning Appeals for approval of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -4211 or fredreischl@colliergov.net. Researched and prepared by: Reviewed by: Fre schl, AICP, Senior Planner RaymoAd V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning oc: Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Packet Page -4468- 12/11/2012 Item 17.6. Z$D Wednesday, Nov�rnber 21,`2012 N A P 1L E S DAILY NEWS NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, December 11, 2012; in the .Boardroom, 3rd Floor, Administration .;Building, Collier County: `Government Center, 3299 East Tainiami Trail, Naples, Florida, the Board of County Commissioners, as the Board of Zoning Appeals, will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD ,OF ZONING' APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL #REAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 33 OF ORDINANCE 04-40. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 2S EAST, COWER COUNTY, FLORIDA. Copies of the proposed. Resolution are on file with the Clerk to the Board and are 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 Chairman,. a spokesperson. for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials .included in ,the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material .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 pertaining thereto and therefore,., may. need to ensure that a verbatim record of the proceedings is made,, which - record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities' Management Department, located at 3335 Tamiami Trail East, Suite . #101, Building W, Naples, Florida 34112, (239) 252 -6380. 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 (S B . Teresa Cannon, Deputy Clerk AW , November 21. 2012 Na. 18772 Packet Page -4469-