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Agenda 09/28/2010 Item # 9A Agenda Item No. 9A September 28, 2010 Page 1 of 58 EXECUTIVE SUMMARY TO DISCUSS THE TOWN MARKET PROPERTY LOCATED AT 7770 PRESERVE LANE IN THE OLDE CYPRESS PUD AND REQUEST 12 PARKING SPACES FOR UHAUL USE. OBJECTIVE: To discuss the property located at 7770 Preserve Lane in the aIde Cypress PUD regarding a request for the approval of 12 parking spaces for UHaul use at this location. CONSIDERATIONS: To consider the approval of 12 parking spaces for UHaul use AT 7770 Preserve Lane in aIde Cypress. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE LEGAL CONSIDERATIONS: NONE ~ RECOMMENDATION: To consider approval of 12 parking spaces for UHaul use at 7770 Preserve Lane in the aIde Cypress PUD. Prepared by: Tom Henning e""' Agenda Item No. 9A September 28, 2010 Page 2 of 58 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9A This item continued from the July 27, 2010 BCC Meeting. J. Peacefull.C. 7770 Preserve Lane - Request for 12 parking spaces. (Commissioner Henning) 9/28/20109:00:00 AM Meeting Date: Prepared By Paula Springs Executive Aide to the BCe Date BCC BCC 7/1/20104:10:33 PM Approved By Ian Mitchell Supervisor - Bee Office Operations Date BCC BCC 7113/20108:22 AM Approved By Leo E. Ochs, Jr, County Manager Date County Managers Office County Managers Office 7/19/20109:34 AM Agenda Item No, 9A September 28,2010 Page 3 of 58 December] 5, 2009 COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you. Item #8B COUNTY ATTORNEY REPORT ON THE TOWN MARKET PROPERTY LOCATED AT 7770 PRESERVE LANE IN THE OLDE CYPRESS PUD AND WHETHER THE U-HAUL BUSINESS OPERATED AT THE SITE IS COMPARABLE IN NA TURE TO OTHER C-3 USES ALLOWED IN THE PUD AND WHETHER THERE IS SUFFICIENT PARKING TO ACCOMMODATE THIS USE - MOTION TO CONTINUE THIS ITEM TO A FUTURE BCC MEETING - APPROVED MR. OCHS: Commissioner, that takes you to 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is the county attorney report on the Town Market property located at 7770 Preserve Lane in the Old Cypress PUD and whether the U-Haul business operated at the site is comparable in nature to other C3 uses allowed in the PUD and whether there is sufficient parking to accommodate this use. MR. KLATZKOW: And I have photographs of the site, if you'd like to see it. CHAIRMAN FIALA: Do we have to swear everybody in? MR. KLA TZKOW: For this item, no. CHAIRMAN FIALA: No? And we have to declare ex parte? MR.OCHS: That's what I read on the item. MR. KLA TZKOW: Okay, okay, let's do that. CHAIRMAN FIALA: But we don't need to swear anyone in? Page 147 ~- I Agenda Item No, 9A September 28,2010 Page 4 of 58 [ December ]5, 2009 MR. KLATZKOW: Let's do both. CHAIRMAN FIALA: Okay, fine. Would you swear -- anybody who wishes to speak on this subject, please stand to be sworn in. . (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay, Commissioners. Commissioner Coyle, we'll start with you. COMMISSIONER COYLE: Madam Chair, I have received correspondence and telephone calls concerning this and, of course, we have heard about this particular PUD in the past, so I've got a lot of historical information on it. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I received correspondence on . this. I also talked with staff and, of course, we've had other items in regards to this PUD, so I think I got everything covered. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: I've had correspondence with Mr. Chami and Ms. Diane Ebert. CHAIRMAN FIALA: Okay. And Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had correspondence, phone calls, and meetings. CHAIRMAN FIALA: Okay. And I've had a letter from Mr. Charni, of course, we've discussed it before, and I've also met with staff. Okay. Let's move forward. MR. KLA TZKOW: And I'll be brief. This is the Town Market property. It's located across the street from Gulf Coast High School offImmokalee Road. It's a multi-use property, It's a -- primarily a gas station with like a larger form mini-mart in it along with other stores. At the present time, a U-Haul business is being conducted on the property. The property is a PUD, zoned primarily for ofC3 use. Our LDC have these type of businesses being permitted in industrial and in C5 and as a conditional use in C4; however, historically in the county Page 148 ,~,ge:Aaa IttFl, t J8. g,^, September 28,2010 Page 5 of 58 December] 5, 2009 from time to time there have been these uses in connection with service stations in C3 property. And I'm here to take any questions. CHAIRMAN FIALA: Okay. Do we have any speakers on this subject? MS. FILSON: Fourteen. Oh, I'm sorry. This is 8B. 8B, we have two on this one. CHAIRMAN FIALA: We have two speakers. Would you call our speakers, please. Fourteen, that made me nervous, MS. FILSON: We do have 14 on one item. COMMISSIONER COYLE: Let's not have them speak right now. MS. FILSON: The first speaker is Diane Ebert. She'll be followed by George Chami. MS. EBERT: Good afternoon, Commissioners. For the record, Diane Ebert from Olde Cypress. This property is located within our PUD. It sits outside of our community. It sits kind of cross from the high school. It is one large building. On the inside he has a bakery, a Subway shop, he has a dry cleaners, a post office, which I'm sorry other people have discovered. And around there are other office -- I don't want to say office -- retail sites that sit alongside of it this way. This one I've got to be in favor for. Behind it there is a storage shed which I have seen U-Haul trucks bring storage there. I mean to store the things. This has been there for a while. ] have always found places to park. We have a lot of apartments around on Immokalee Road. And it's not unsightly. And r mean, and there are days that there's hardly any U-Hauls there at all. He has some trailers sitting sometimes, some trucks, but they kind of come and go. And I have to tell you, I just -- I can't really find anything wrong with this application. I think it fits in well with the storage, with the Page ) 49 .._----..,~- .'.---.. I l AgoRas ItOffi ~Je_ 911, September 28, 2010 Page 6 of 58 December 15, 2009 apartments, and I can't find anything wrong with it. Thank you. MS. FILSON: The next speaker is George Chami. And he's your final speaker, ma'am. MR. CHAMI: Hi. My name is George Chami, for the record. Thank you very much for allowing me to speak today. It's not the first time I'm here in front of you with regard to the Town Market, and I really appreciate your patience and your support all the way. I appreciate also the work the county attorney did with regard to this report and showing basically that this particular U-Haul user truck rental used to be also in C3s, and they are in some C3s in particular in Collier County and all around the nation. I believe the study, which the request was being made for the cOunty attorney to study this particular issue is to see if we can have comparable use or for -- the U-Haul could be counted as comparable use for this -- for what we have right now at Town Market, which is a gas station. And I believe his recommendations are quite neutral, in fact, trying to leave it in your hands. I really need your help more than ever at this. U-Haul was not for me usually big business, but right now end up being, yes, it is. And I need anything right now to be able to support my business, to support my employees and support my family. For six years this business was in. For six years we never even had a problem, not even a complaint. Nobody even knew about it. We have many, many code enforcement visit our site. Never they found anything wrong with it. The problem we have right now here in this situation is -- and I see the report basically from the staffwho's basically we have six parkings, in which -- since we have another issue with regard to, this particular subject is, how many parkings we have. They're showing that we have six available parkings, and they're saying basically we have many -- based on the aerial photos, we had basically between seven -- seven to 20 plus, I believe, U-Haul trucks. Page 150 Agenda Item No, 9A September 28,2010 Page 7 of 58 December] 5, 2009 They failed to say how many available parking was available on site. We had plenty of other at any given time. We had between 30 to 40 percent empty parking spots in our site besides on yesterday, which was the busiest day of the year for us. So I really appreciate your help, I appreciate your understanding, and hopefully you will be able to find this particular U-Haul use compatible with the gas station and the other uses we have inside this particular POD. Thank you very much. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I'm trying to find in the PUD the language -- CHAIRMAN FIALA: Would you like me to take Commissioner Halas and come back to you? COMMISSIONER HENNING: No. You know, I can say it. Diane Ebert has a pulse of the community around there, and what she told me is that this operation is a -- an asset to the citizens up there. And I asked her, I says, would you kind of go around and try to find another U-Haul place in the area, and she said there is none. Predominantly, gas stations have U-Hauls. Now, whether that is the zoning or not, I don't know. I can't particularly agree with the __ it's an allowable use in C3, but it is a comparable and compatible use with a gas station. So I guess my motion is to find that a U-Haul is -- in this case is, in the PUD -- here's what it says. Any other commercial uses or professional services is comparable in nature with the foregoing use and which the zoning service director finds compatible within the district. Well, I make a motion that the board finds it a comparable use within the present uses. MR. KLATZKOW: Yeah. And just so we don't set precedent here, so that we have these spring up throughout the county, which Page 1 51 .------- -.--..-.. - -._'.~~-----~'-'- l Agendo Itom ~Jo, 9.'\ September 28, 2010 Page 8 of 58 December] 5, 2009 would require an LDC amendment, this is a unique -- this is a unique development. And-- COMMISSIONER HENNING: Right. MR. KLATZKOW: -- the way it's structured here. And to be comparable within this particular PUD does not necessarily mean it's comparable to all gas stations throughout all C3s throughout the county . So one approach is, we could limited it just to this PUDbecause this is -- it's compatible within this PUD itself. COMMISSIONER HENNING: That's what I was trying to say. MR. KLA TZKOW: Okay. COMMISSIONER HENNING: I don't think it's comparable to the same use in C3 districts. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: My concern is, I think that this was a code enforcement case that was brought before the code enforcement in regards to another commercial business that realized that this operation wasn't permitted and, therefore, whoever the person was, brought that to the attention of the county. I can assure you that as far as any type of trailer rental in my district under C3, that's not going to set very well. So I'm glad to hear that this is only in this case, but I still have some concerns about the business that was obviously impacted, because there was a possibility that the person who made the complaint didn't have enough parking spots left for his business, and that right there basically raises a flag in regards that I won't support that. CHAIRMAN FIALA: Okay. My concern is - and right now I couldn't vote for it either because -- actually, he hasn't kept his property up. He's got 80 percent of his landscaping out in the front missing. And I would like to see either that part of the motion or, you know, I would like to wait until he brings his property up to code. That really bothers me a lot. So that -- ] have a real problem with that. Page 152 .. --_.~.._-_._---_. --.-....--...-.-.---.. --.-..--------- ,-----. ..- '~"------ Agenda Item No, 9A September 28,2010 Page 9 of 58 December 15, 2009 Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I'm probably the only person sitting up here who owned a V-Haul dealership. I'm pretty familiar with the problems. COMMISSIONER COYLE: You should recuse yourself. COMMISSIONER COLETTA: First opened it up, it was extremely successful. I had all the storage area in the back of my building. 951 was a two-lane highway. And Tim Constantine and I had a falling out. When he became commissioner, he turned me in. I didn't own the property, so I had to move everything back to the lot. That's life, you know. But in any case, I was limited by the size of my lot that r owned the whole thing, owned all the parking spots. If! got too many trucks and trailers in. There I was limited and I couldn't get my customers in, and I needed to be able to run the rental business. So it was always a little bit of a back-and-forth dance to make it work. I guess my question is, is there a limited number of parking places here for the U-Haul, or is it open to go anyplace it wants in the lot itself? I'm curious to what the determining factor is for the business itself. You know, like I say, I didn't have to share my building with anyone. I had total call of where everything got to park. But is there -- is it limited to a number of spaces? MR. KLA TZKOW: I'd have to ask Susan that. MS. ISTENES: Susan Istenes, zoning director. As I indicated in the report, the required number of spaces for the existing businesses minus the U-Haul, when you take all that into account, there's only six extra. So theoretically, there would only be six extra spaces over and above the code requirement where things could be parked, like trailers. COMMISSIONER COLETTA: No, I understand that. But I mean, if you get eight in, the other two parking spaces that aren't there, if we don't put any -- if there's nothing on it to limit what's Page ] 53 ---~------_._-- . --'-' "_._-"-~-----'--"- ---I l Agenda Item No, 91' September 28, 2010 Page 10 of 58 December 15,2009 ~- taking place, this could consume the whole lot. You have a very busy time usually before school starts. Tremendous amount of trucks come from all over the country. Well, I hope they do again some day. And it just about overwhelms you. You have to make arrangements to get the trucks moved out or else there's no place to go with them. I mean, they could be in the middle of the lot and abandoned. People drop off their keys, their paperwork, and they're gone. So is there something -- if we could come up with something that would limit it to six spaces to protect the integrity of the other people, I don't think I'd have a problem with it. But if it's wide open, I can see problems with the neighboring businesses. Six is a pretty generous number, especially if it's trucks. MS. ISTENES: Certainly if that's part of your comparability and compatibility determination to limit the number of trucks that could be parked on the site at one time, that would certainly be appropriate. And like I said, there's six extra. So certainly there's at least six to use. COMMISSIONER COLETTA: Well, no. I want to phrase it so it has to do with parking places rather than trucks, because you might have two small trailers that can take one parking place, so you don't want to limit it in such a way that's it's not workable. That would be my suggestion in consideration of the people, the other tenants that are in the building. MS. ISTENES: Certainly, then you could limit it to those -- to six extra spaces, and then if you wanted to, also put a locational requirement. In other words, the six -- six spaces along the west side of the property, for example, which is towards the back. That way you wouldn't interfere with the front. That's up to you, Commissioner. There's a lot of different -- COMMISSIONER COLETTA: That's tine. But six spaces -- I don't want to get where six spaces are so dedicated they can't be used for public parking because he may only have two trucks coming in Page 154 A~eIlJCl 111;;;111 r4u. @A September 28,2010 Page 11 of 58 December 15, 2009 and out of there, and there'll be four spaces only U-HauIs can park. We've got to be very careful with the terminology, because the idea is to be able to accommodate the petitioner and still be able to meet the needs of his neighbors. . CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Thank you. Commissioner, I can't find in our executive summary about the landscaping. Where did you see that so I could follow you? CHAIRMAN FIALA: I know, but he was next. COMMISSIONER COYLE: I'm just fixing it. COMMISSIONER HENNING: I'll share it. COMMISSIONER COYLE: No, it's okay. CHAIRMAN FIALA: Actually it's here someplace. Let me just find it for you because -- yes, it's on the last page. Page 5, the second paragraph down. Discover that the required landscape buffers parallel to Immokalee Road are now approximately 80 percent devoid of the required vegetation, and the vegetation will need to be replaced. COMMISSIONER HENNING: Okay. Well, I mean, that's a separate issue now, isn't it, really? CHAIRMAN FIALA: Well, you know-- COMMISSIONER HENNING: If you have a business on U.S. 41 that has a code enforcement issue, so would the landscaping. It would be a separate issue. I mean, it's a -- he's not asking a deviation from our landscaping. So that has to come up to code anyways, or it has to -- it has to fit our code as it is existing. But to accommodate you, r will put that in my motion that the landscaping shall meet the minimum -- since it is a minimum code _. and the minimum of our Land Development Code, for the landscaping that parallels lmmokalee Road. Now, as far as the limitation of the trucks, you want to give some flexibility. I heard you say that. And you're going to have businesses go in and out. And by the way, the tenants that are in there now are Page 155 -----.---- ----.-.------- - - _._-~.._. I Agenda Item No. 9A September 28, 2010 Page 12 of 58 December] 5, 2009 tenants of Mr. Chami. So ifhe doesn't make his tenants happy, he's going to lose that business. You see what I mean? So we want to dedicate it to six spaces unless he can get -- has to meet our code as far as parking spaces for uses. That's existing now. But you also don't want to -- you want to make it so that he can go to staff like everybody else can for a parking deviation, so -- and part of my motion is a dedication of six spaces, but that's not limited to it, because if tenants changes, okay, and -- COMMISSIONER COLETTA: I understand what you're saying. COMMISSIONER HENNING: -- and the different uses calls for different smaller parking or even , more, it still has to accommodate for it. COMMISSIONER COLETTA: But what's the word dedicated? Because you might not need six spaces. You might only be using two. You can use the other four for some short-term parking of customers. COMMISSIONER COYLE: Say maximum. COMMISSIONER HENNING: Well, not a maximum, a minimum. You want a minimum of spaces for -- I mean, you could use them for dual uses. Let's say you want a dump truck that just paid a buck a truck for maintenance, they could use it. . Does that work, Jeff, that motion? MR. KLATZKOW: Well, it works for me. I mean, I don't know if it works for Commissioner Coletta. COMMISSIONER COLETTA: I'm sorry. It was too vague. Try it one more time, Commissioner Henning. COMMISSIONER HENNING: Your concern was-- COMMISSIONER COLETTA: That there be enough parking places for his tenants. It doesn't matter that they're his tenants. They still are people that have a reasonable expectation of adequate parking. That's one of the reasons why we put the codes together to be able to allow for it. COMMISSIONER HENNING: Well, you know, we're not Page 156 Agenda Item No. 9A September 28,2010 Page 13 of 58 December] 5, 2009 asking for a parking deviation for the trucks or the parking for the existing businesses. Nobody's asking for that. COMMISSIONER COLETTA: No, we're not. I'm asking for six spaces, maximum, to be used for U-HauJ. Now, if a deviation can step in, ifhe has all his tenants leave and there's parking places available, I have no problem with staff dedicating those spaces. I just want to make sure that we don't box in the tenants at some point in the future where they come in through the front door and they'll say, how come you can't protect our rights to be able to use an amenity we're renting? And yeah, they might leave, but you know how difficult it is to leave a building after you spend thousands of dollars setting it all up? COMMISSIONER HENNING: I think we're saying the same thing. MR. KLA TZKOW: Yeah, I think you are. I think one approach would be that, absent an exemption from the county, that the trucks utilize no more than six spaces at one given time. COMMISSIONER HENNING: Absolutely. COMMISSIONER COLETTA: Okay, that's fine. CHAIRMAN FIALA: Okay. And Commissioner Coyle is waiting, but I'll address this when it's my turn. Commissioner Coyle? COMMISSIONER COYLE: I would just like to go back in history just a moment to clarity a couple of things before I make up my mind on this one. I've always been troubled by the fact that we don't consider a place that dispenses a gasoline and has pumps, we don't consider it as a service station, a gasoline station. Is there a substantial difference in the impact that would have been paid had we classified this as a service station or gasoline station at the very beginning? Who from staff can answer that question for us? COMMISSIONER HENNING: Amy's not here. Page 157 ---_...._._----------_._-_._.._-,-~ Agenda Item No, 9A September 28, 2010 Page 14 of 58 December 15, 2009 MR.OCHS: We don't have an answer for you. COMMISSIONER COYLE: Nobody. Okay. MR. CHAMI: Can I answer this for you? COMMISSIONER HENNING: Oh, yeah. Mr. Chami did have to address that. COMMISSIONER COYLE: Okay. Well, you have to come to the microphone, Mr. Chami. MR. CHAM!: Thank you very much. Basically, from my understanding, but the collection before, if it's a gas station, you pay less than it is a convenience store with significant food. If you have convenience store with a gas station and significant food, you pay far more than if it's a gas station by itself. COMMISSIONER COYLE: Okay. So you paid a higher-- MR. CHAMI: Absolutely. COMMISSIONER COYLE: -- impact fee because of nature of classification -- MR. CHAMI: Absolutely. COMMISSIONER COYLE: -- as opposed to what you'd had to pay if we classified it as a gasoline station; is that correct? MR. CHAMI: At the beginning we were being classified retail, and then staff found us that we are not retail. We are a gas station with convenience store and significant food, and then we had to pay-- first we paid, I believe, $56,000 impact fees. We had to pay 75,000 over and above to be able to be found gas station with convenience store and significant food. COMMISSIONER COYLE: Okay. And Jeff, those two paragraphs that you just showed on the overhead -- MR. KLATZKOW: Yes, sir. COMMISSIONER COYLE: -- suggest that if this were a gasoline station, they could have U-Haul trailers there, couldn't they? MR. KLATZKOW: No. I mean, if you go strictly by our LDC, you can't go in any less than a C4 zone, okay. This isn't straight Page 158 Agenda Item No. 9A September 28, 2010 Page 15 of 58 December 15, 2009 zoning. This is PUD. So the analysis here is in this -- within this one PUD, you know, we find that the U-Haul is comparable on the uses already there. COMMISSIONER COYLE: Okay. MR. KLA TZKOW: As far as the impact fee goes, my recollection is Mr. Chami's impact fee was heavily negotiated since he has a very unique business. It's not a mini-mart like you see with the ExxonMobil stations. It's -- it's a very unique business. COMMISSIONER COYLE: And under those circumstances, we're going to rule -- or I presume we're going to rule if this motion passes -- that they can have the U-Haul trailers there? MR. KLATZKOW: Within the context of this particular PUD, COMMISSIONER COYLE: Okay, all right. All right. And with those of you who remember the time when Commissioner Coletta was a U-Haul dealer, you'll also remember that in those days, all the U-Haul trailers were towed by horses. CHAIRMAN FIALA: You're in pretty good form today. I have a couple more questions before we vote on that. One of the -- one of them is, I understand that there's a business that has built onto that property but -- has built but never permitted; is that -- is that the case, has never been permitted? MR. KLA TZKOW: I don't know the answer to that. MS. ISTENES: Yes. Susan Istenes. There is a pool store there that went into an empty space that was either previously occupied or intended to be occupied by a bank, and they made some changes __ some structural changes and have not pulled permits yet. CHAIRMAN FIALA: See, and let me tell you what my problem is here. Now we've just heard about this. You know, sometimes people feel that they don't really need to adhere to things. In another spot on this agenda package, which is number four, aerial photography over various times reveals that at any given time there are approximately seven to 25 trailers/trucks on the site, depending on the Page 159 l Agenda Item No. 9A September 28, 2010 Page 16 of 58 December 15,2009 rental demand. We're limiting him to six. How do we know, number one, that he's going to be limited to six? Because it seems like he kind of takes matters into his own hand, being that he was never allowed to have the trucks there in the first place and he's been parking them for, as he said, six years. Then they've got somebody building on there that never bothered to get the permits. Then he's never -- he's never replaced his landscaping, which was a requirement of the PUD in the first place. It's making me very nervous, to be perfectly honest with you. And let's see. And the last thing -- I even had another one here, and that is that the -- it's not compatible with C3 permitted uses. So anyway, these are my concerns. Commissioner Henning? COMMISSIONER HENNING: Well, those are separate issues. There is an existing code enforcement that Joe Schmitt went in your office later -- when the last time this was on here. Tnat's a separate issue. I'm just trying to keep a business open in my district, Commissioner, just like -- CHAIRMAN FIALA: And I respect that. COMMISSIONER HENNING: We're trying to provide, you know, capital improvements. CHAIRMAN FIALA: I respect that, just like this morning with the Golden Gate. I respect that. I just want to make sure he follows the law. COMMISSIONER HENNING: Those are separate issues. Now, we cannot control how the executive summaries are written. He's not asking for a deviation, again, from our landscaping. He's not asking for a deviation for getting a permit on work that was done that was unpermitted. The issue about parking -- here's the reality. If you have a parking problem and you're not -- you don't have enough spaces, you're going to lose -- people are not going to go to that business. Page 160 Agenda Item No, 9A September 28, 2010 Page 17 of 58 December ]5,2009 They're going to go someplace else if they can't park, So the reality is, if his U -Haul business is doing better than the businesses in there existing, then he's better off to let that business close, let's say the bakery close, and allow for more U-Hauls to be parked there. He already has that ability. So why would we want to micromanage businesses and how they operate? We want our businesses to be successful for two reasons, so they're not closed down and boarded up to cause blight in our community and collect less property taxes. And by the way, he is a retail business. He is going to collect sales tax. We do have revenue sharing. So they need that business up there in North Naples. I don't want to have blight in my district. CHAIRMAN FIALA: I don't blame you, and I -- and I'm fine with the business. We've limited him to six parking spots. He's been using seven to 25 without the permission to even do so. What I'm saying is, he set a standard that the rules don't really apply to him, and I'm afraid if we vote on this, he won't bother to abide by the rules anyway. That's what I'm trying to tell you. It's not that I want to - I do want to foster business. You know I've been a strong proponent of keeping all employees, keeping businesses open and doing what we can to keep the business in Collier County, I've worked with you on this all along. It just makes me nervous that he feels the rules don't apply to him. Commissioner Coletta? COMMISSIONER COLETTA: I think I've got an answer for you, Commissioner Fiala. CHAIRMAN FIALA: Okay. COMMISS]ONER COLETTA: Because your vote's important, so is your confidence, And Mr. Chami is going to be -- is a respectable person. He's going to do the right thing. We could put a year time on it to review it Page ]6] ._..~__... ... ___.u____ Agenda Item No, 9A September 28, 2010 Page 18 of 58 December IS, 2009 to make sure that he is doing it, and I think you're going to find that he's been in total compliance at the end of a year. Would that give you the comfort level you needed? CHAIRMAN FIALA: Yes, it will. COMMISSIONER COLETTA: It's up to the motion maker. CHAIRMAN FIALA: As long as he complies. Yeah, it would have to be up to the motion maker. That would be up to him. COMMISSIONER HENNING: No. We'd have to do that with every business. CHAIRMAN FIALA: Well, we're going to have to-- COMMISSIONER HENNING: And that's -- you know, basically that's what code enforcement is for anyways. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: You know, and I'm sure there's a lot of businesses throughout Collier County that doesn't have a parking -- a light that the fixture is missing in the parking (sic) that should be there. But that's micromanaging our businesses, and I don't want to do that. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I'm beginning to get troubled by this thing. Ifwe think it's okay to let Mr. Chami just close down the rest of his businesses and bring in more U-Haul trucks because he thinks that's what he needs, would we be happy to just converting it to a U-Haul facility? That is clearly not compatible with the permitted uses in the C3 for this PUD. So if we take that line of thinking to its ultimate extension, we're essentially telling Mr. Chami, you can do what you want to do with your other businesses, you can force them out, close them down. If V-Haul turns out to be your most profitable line of business there, then it can take up the entire site, and I think that's a dangerous way to go. So I believe that from what I'm hearing from the other members Page 162 Agenda Item No, 9A September 28, 2010 Page 19 of 58 December] 5, 2009 of the commission, that a majority probably would like to help Mr. Charni do something reasonable, but they're not willing to leave an open door that will permit him to do whatever he wishes there, So I would hope we could find a way to solve that problem and get enough votes to keep the business viable. COMMISSIONER HENNING: Here's the solution. Ifhe closed the bakery down, V-Haul's not comparable with a bakery. But if he closes the service station, the gas pump service situation of it, then it's not compatible, correct? Because we're finding it compatible with service station. We're not finding it compatible with a bank which has already closed and now a pool service that's going in there. Do you see what I mean? COMMISSIONER COYLE: Yeah, I do, but I don't agree with you, that's the problem. What I'm saying is, by saying to Mr. Chami that you can use the facility for U-Haul without restriction, you're not equating it to a bakery. You're merely saying to him that ifhe can find more parking spaces through any means whatsoever, then he can bring in more and more V-Haul trailers. And I'm suggesting that U-Haul would be a good addition to his business, but r wouldn't want to see the entire site turned into a U-Haul facility. And if we could find a way to say to Mr. Chami, you can do this with a certain number of spaces there, he could potentially park excess trailers in another location and shuttle them over there as they become needed. But with five or six or seven spaces, he could keep some of them on the lot and maintain his other businesses, and we would still have a mixed-use kind of business here rather than a dedicated U-Haul trailer lot. COMMISSIONER HENNING: Can I -- COMMISSIONER COLETTA: ] can enter into that one. It doesn't work. It simply doesn't work. You've got to have a lot that's going to be C4 or C5. I doubt you're ever going to get approval for C4 even. So it will probably be a C5 lot you're going to have to go to, it Page 163 . . -- .~_._----'----- l Agenda Item No, 9A September 28, 2010 Page 20 of 58 December ]5, 2009 has to be an approved lot with a fence around it. I've been this route before. And V-Haul by itself is nothing more than a filling. There is no one that can live on U-Haul alone. They all got some supporting business there, and it's a little bit of a sideline. It's a great little buffer there to bring in some extra income. I don't think there's any danger of him going 100 percent V-Haul. He wouldn't be able to exist that long. There's so much of a demand and that's it. And the demand fluctuates tremendously with the time ofthe year and what's taking place out there. It's not a dependable source of income. Great filler. I believe that the best way is the six limited spaces, a one-year review, quick review, put it on the consent agenda. If there's no problems with the code enforcement, we've got this up and over with and we've got the comfort of this commission to be able to go forward. COMMISSIONER COYLE: I could vote for that. COMMISSIONER COLETTA: But we're already making a serious departure from what our rules and regulations are. I don't recall us ever doing this before. I know I went through a lot of trouble to come up with a C5 place where I could do all the things I wanted to do when I was in business. Of course, that was then and this is now. So let's look at this realistically. Let's put the -- enough controls in there so that we can come back and review it. We're not micromanaging it. We're micromanaging the code enforcement right now. We're doing a departure from what's normal to try to help out, so why not put some controls in there and give us that ability to be able to step in if things go terribly wrong? COMMISSIONER COYLE: There must be an echo in here. That's exactly what I was saying. COMMISSIONER COLETTA: Well, gosh. I speak with great wisdom then. COMMISSIONER COYLE: Yes, yes, finally. Page 164 Agenda Item No. 9A September 28,2010 Page 21 of 58 December] 5,2009 COMMISSIONER COLETTA: Yeah. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Is there someone in here -- Joe is not in here. I've got -- oh, there's -- I need some questions asked, okay, and -- or answered, and that is, we've had some other problems at this particular site through the years where Mr. Chami has got involved in things and got caught at it, and he never -- and we had to bring him in here to address these issues; am I correct on that? MS. ISTENES: Susan Istenes. My recollection is there was a _ well, I know for a fact there was a sign issue where there was an interpretative issue with a sign that was erected,'and this board did grant him the ability to have his sign over and above what staff thought the code allowed. Then there was the unpermitted work for the pool store. Then the sign was -- COMMISSIONER HALAS: Wasn't it the gas station, too? He started off with -- MS. ISTENES: Yeah. COMMISSIONER HALAS: -- it just going to have a store, and all of a sudden gas pumps showed up; am I right or wrong? MS. ISTENES: Yeah, that goes back to the impact fees. I guess there was -- I guess when the plans were submitted for impact fee calculations, they failed to show the gas pumps on the plans, and there is a significant difference when you add gas pumps to the site as far as how much you pay in impact fees versus non-gas pumps. COMMISSIONER HALAS: So he basically didn't show that we had -- that he was going to put gas pumps in? MS. ISTENES: [wasn't -- yeah, I wasn't directly involved, but that was -- my recollection was that when the impact fees were calculated, the plan that was submitted did not show the gas pumps, and then it was later discovered there was gas pumps there, and that was corrected. Page 165 I Agenda Item No, 9A September 28, 2010 Page 22 of 58 December 15,2009 COMMISSIONER HALAS: And so we went through that -- we went through that exercise, and then I think we also made some concessions on that, too, if I remember correctly. MS. ISTENES: I know there were some very specific detailed calculations, because as Jeff stated earlier, this was a pretty unique use, and it was -- the gas pumps aside, the retail component of it was not clearly defined as far as the impact fee ordinance goes, so there was quite a bit of detailed calculation in that. COMMISSIONER HALAS: And I can understand where Commissioner Fiala stands. That's exactly where I stand on this is -- because there's -- I understand he's a businessman, but he also has to be upfront and honest, and he hasn't been in a lot of cases here. And this is another example, along with this store where he's done some work and didn't go through the permitting and basically had the attitude, ifIget caught, fine. If I don't get caught, I'm ahead of the game. So I have some concerns because I think even today his sign is out of -- out of -- out of the ordinance that we have, so -- CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Can we continue this? Can we continue this item? CHAIRMAN FIALA: Sure. Sure we can. COMMISSIONER HENNING: And let me look at some of those code issues -- CHAIRMAN FIALA: Well, I'm saying sure. I better ask if we -- COMMISSIONER HENNING: Well, we can do anything we -- it's up to the five of us -- CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: .- whether we want to continue it. I want to look at those -- there's a lot of things being said. I don't think they're true. I think they need to be straightened out. I remember the item with the -- Page 166 Agenda Item No, 9A September 28, 2010 Page 23 of 58 December] 5, 2009 CHAIRMAN FIALA: Sign. COMMISSIONER HENNING: -- the sign, the site plan with the gas pumps. In fact, I would like to get the site plan. I think there's some -- COMMISSIONER COLETTA: Second your motion. COMMISSIONER HENNING: -- things being said that -- from our staff that are just not true. CHAIRMAN FIALA: Well, it's good that we bring it back then. Do we have to do anything legally, or can we just withdraw the first motion and -- MR. KLA TZKOW: Withdraw the motion. Make a motion to continue, and then -- COMMISSIONER HENNING: Yeah. I'm going to withdraw my motion, and I'm going to make a motion to continue. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Motion and a second to continue. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye, CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Great. And now we're going to take a ten-minute break. CA brief recess was had.) CHAIRMAN FIALA: Would you-all please take your seats. MR.OCHS: Ladies and gentlemen, please take your seats. Madam Chairman, you have a live mike. . Item #12C Page ] 67 Agenda Item No, 9A Se.R9~\IJ\l,l'ft~ ~~1gB Dec~~~V~~~9 Page 1 of 26 Executive Summarv County Attorney report on the Town Market property located at 7770 Preserve Lane in the Olde Cypress pun and whether the V-Haul business operated at the site is comparable in nature to other C-3 uses allowed in the PUD and whether there is sufficient parking to accommodate this use. OBJECTIVE: To provide the Board infonnation relating to C-3 uses in the Olde Cypress PUD and in similar developments to enable the BCC to make a finding that the U-Haul business is or is not comparable in nature to other C-3 uses in the PUD, CONSIDERATIONS: On November 10, 2009, Mr, George Chani appeared before the Board during public petition, Item 6B, to request that "the Board allow the Town Market to keep the U- Haul business and allow this use during these very hard financial times," The Board directed the County Attorney and Zoning staff to work together to answer the question of what is historically comparable with the existing use, In October 2009, the Code Enforcement Board found a use violation of the Land Development Code relating to the U-Haul business and issued an order finding a violation with fines to accrue if the violation is not abated, (A copy of the order is attached.) ".~...- The Town Market is located at 7770 Preserve Lane. It includes ten gasoline fueling stations, a convenience store with fast food, a car wash, a pool supply store and vacant office space. PUD Regulations: The Town Market is located in the Community Shopping and Business Office Center District of the aide Cypress PUD, Section 8.02 of Ordinance No. 2000-37, as amended, the Olde Cypress PUD, allows the following Permitted Uses in the Community Shopping and Business Office Center District: "1. All commercial uses permitted by right in the C-3 Commercial Intermediate District of Section 2,2,]4 of the Land Development Code in effect as of the date of this PUD District is approved by the Board of County Commissioners including a personal self-storage center groups (4225) 2. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director finds compatible wirhin the District, " At the time of adoption of the PUD on May 23, 2000, the C-3 permitted uses can be found in Section 2.2.1 4.2.1 of Ordinance 2000-08. the Land Development Code Amendment, effective on January 31, 2000, Some of the permitted uses include Automotive Services (SIC Group 7549), Auto and Home Supply Stores (SIC Group 5531) and Food Stores (SIC Groups 5411-5399). A gasoline service station is not expressly listed as a penuitted use. It should be noted that a gasoline service station is expressly listed as a permitted use in the C-3 zoning district under our current code. CDES staff's position is that the Town Market includes a convenience store with - gas pumps and not a gas station, Agenda Item No. 9A seA'~'I,'6W&);~ ~gB De~ef''(~9 . . Page 2 of26 At the tIme of adoptIOn of the PUD and under the current Land Development Code, Truck Rental and Leasing, without Drivers (SIC Group 7513) is allowed as a permitted use in the C-5 Zoning District and as a conditional use in the C-4 Zoning District. Other gas stations that rent trucks: Florida Truck Rental is operated out of the BP gas station at the corner of Davis Blvd, and Airport Pulling Road. This property has a conditional use to pennit truck rentals in a C-4 Zoning District. Res. 96-445 U-Haul rentals are operated out of the Sunoco station at the corner of Radio Road and Santa Barbara Boulevard This property is zoned CommerciallMulti_Use "C-!" in the Bcrkshire Lakes POD. Permitted uses in this district include automobile service stations and vehicle rental _ automobiles only, Truck rentals are not expressly authorized. U-Haul rentals are operated out of the gas station at 11200 Tamiami Trail East, across from Naples Manor. The property is zoned C-4, No records of a conditional use were located. Other businesses that rent trucks: Budget, 524 Industrial Blvd. The zoning is Industrial. Budget, 1695 Tamiami Trail East (next to V-Haul). The zoning is C-4 GTMUD-MXD, Budget, 5625 Taylor Road. The zoning is C-5, Fibber McGee.U-Haul (by reservation, trucks are not stored on site) 57] Airport Rd, The zoning is C-5. Home Depot North, 2251 Pine Ridge Road. The zoning is C-5. Home Depot South, 1651 Aill'ort Road South, The z.oning is C-4 GTMVD-MXD. Penske, 3836 Tollgate Boulevard. The zoning is Tollgate Commercial Center PUD, Penske, 1810 J & C Blvd. The zoning is Industrial. Penske, 5651 Shirley Street. The zoning is Industrial. Simply Self Storage, 136 I Airport Road, The zoning is C.5, V-Haul, 2001 Tamiami Trail East. (ncxt to Budget) The zoning is C-4 GTMUD-MXTI. V.Haul, 2425 J & C Blvd. The zoning is Industrial. V-Haul, 9295 Tamiami Trail (corner oflJ3'd Ave N). The zoning is C-3. Code Enforcement is reviewing whctherthis use is a violation, County Attorney's Conclusion: Truck rentals, such as U-Haul trucks, have historically existed in various zoning districts ranging from C-3 to C-5, The Development Services Director in this Executive Summary (below) tinds that the V.Haul trucking business is not compatible in nature with the C-3 permitted uses of the Glde Cypress PliD. Pursuant to Section 250-58 of the Code of Laws and Ordinances, the Board sit1ing as the Board of Zoning Appeals may review appeals of Administrative Decisions of County staff such as the Developmcnt Services Director. If the Board disagrees with the decision of the Development Services Director, it may treat this as an appeal of an administrative decision and reverse or modify the administrative decision, Zoning Staff Analysis of Comparable in Nature (Provided by Staff): The subject site is commonly known as "The Town Market" and is located within the commercial land use designation of the aIde Cypress PVD. The site is developed with a mixture of retail uses including a business center, offices. a dry cleaner, car wash, pool store, copy center, kitchen area for restaurant and convenience retail including a 10-pump gasoline filling area for passenger vehicle gasoline refueling. The building is approximately 9,326 square feet in area and a total of 53 parking spaces are provided on site per the previously approved Site Development Plan (SDP). The Land Development Code (LDC) requires 47 parking spaces to be provided per the uses originally approved, therefore there is an excess of 6 parking spaces per the approved SDP, Adjacent to the site on a separate tract to the west, is an existing retail shopping center approximately 27,025 square feet in area that houses a variety of neighborhood retail, medical, office and restaurant uses, North of the subject site on a separate tract is a self-storage facility. Agenda Item No, 9A SW~~mP~e~28, ~g1gB De~~e~5, 2~~9 Page 3 of 26 Pursuant to section VIII, specifically subsection 8,02.A,2 of the aIde Cypress PVD (Ordinance No. 2000-37) the request made by the Board of County Commissioners is to consider the pennissibility of a Truck Rental facility (SIC Codes 7513 and 7519) under the auspices of the provision of the PVD which allows "any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director finds compatible within the District." The truck/trailer rental business is an existing, illegal use of the property and is presently under a Code Enforcement Order to ahate the zoning violation. The request to conduct a compatibility analysis was made without formal application for an official interpretation by the Board or the property owner, As such it is difficult to consider the specific details of the request as they were minimally provided during a public petition request made by the property owner to the Board on October 27, 2009, Given those circumstances, the details of the rental business as it relates 10 the services provided on the Town Market site were derived from the V.Haul on-line service which indicates pOlential rental customers at this site have the ability to: Rent Trucks, Trailers, towing equipment, and purchase boxes (on-line), The hours of operation appear to be as follows: Monday through Friday: 10:00 a.m. to 4:00 p.m, and; Saturday: 10:00 a,m, to 2:00 p.m, and; Sunday: 9:00 a,m, to 3:00 p,m. After hours drop.off is available V-Haul makes available rental trucks ranging in size from a standard pickup truck to enclosed trucks up to 26 fect in lcngth (moving trucks). Rental trucks available at this location per the V- Haul web site do not appear to exceed 17 feet in length; however it is unclear if trucks exceeding that size could be returned to this site (not originally rented here), It was also difficult to ascertain what types of trailers are available from this "ite, V-Haul makes available cargo (enclosed) and vehicle (open) trailers to tow behind vehicles, and trailers to tow vehicles ranging in length and size with a maximum size of 6 fect by 12 feet. There is no designated truck or trailer parking areas on site; all of the parking spaces are the standard LDC required size of 9 feet x 18 feet. The t11lcks and trailers are currently stored in these parking spaces which were approved specifically for the retail businesses. Trucks and trailers are located primarily within the parking spaces on the south side of the propclty (fronting lmmokalee Road) and on the west side of the property, between the subject site and The Bougainvillea Center, a retail shopping center, Aerial photography over various times reveals that at any given approximately 7 to 25 trailers/trucks on the site depending on rental demand. Agenda Item No, 9A S~rt.?/'\ ~~1~B D-e&~f'i'5?2009 . Page 4 of 26 tune there are A truck/trailer rental operation (S]C Code 75]3 and 7519) is not a permitted use in the C-J zoning district; it is allowed with conditional use approval in the C-4 zoning district and is a permitted use in the C-5 and ]ndustrial zoning districts, The purpose of the aIde Cypress POD Community Shopping and Business Office Center district is to provide basic goods and services intended to serve the residents of the PUD in order to reduce the number of off.site trips (small scale shopping to supply personal needs), The commercial component of the PUD presently allows all uses permitted by right in the C-3 zoning district. In the Zoning Director's opinion there are no comparable uses to a truck rental facility currently permitted by right in the C-3 zoning district. A discussion by the County Attorney's office in this executive summary seems to center upon relating this use to a gas station/automobile service station use, however the only similar use permitted by right in C-3 related to that argument is SIC Code No, 7549 (Automobile Services, Except Repair and Carwashes excluding wrecker service and road service) and includes Auto inspection services, window tinting, auto emissions testing without repairs, and diagnostic centers without repairs. All of these uses represent Jaw intensity, convenient type of goods and service uses per the intent of. the district and they relate to passenger vehicles, On April 27, ] 999 the PUD was anlended to allow a self -storage facility provided the intensity of the potential commercial hui]dout was reduced hy a development ratio adopted in the PUD, Self-storage is presently permitted hy right in the C-5 zoning district; is a conditional use in the C-4 zoning district (no outdoor storage allowed). In conclusion, the truck rental husiness is on" that is permitted by right in the C.5 and Industrial zoning district; C-5 is the County's most intensive commercial district. The C-5 zoning district allows outdoor storage of merchandise; the C-4 and C-3 districts do not; the rental use has an outdoor storage component (trucks and traiJers), The uses allowed in the Heavy Commercial Zoning district t"nd to utilize outdoor space in the conduct of their business, In fact, when the PUD was amended to allow the self. storage use. the development intensity of the commercial tract was required to be reduced to accommodate for the increase in intensity and a specified location and hours of operation were aJso adopted. The service station component in this PUD does not provide for vehicle repair and maintenance; gasoline is sold here as a convenience just like any other retail commodity, The commercial component of the Olde Cypress PUD was intended to provide retaiJ commercial us~s on a Jow intensity basis which provide convenience goods and services and business ol1ice type of uscs, The use of the site for rental trucks and trailers is inconsistent with the intent of the C-3 district that being to provide daily goods and services on a neighborhood scale, Therefore it is not comparahle to those permitted hy right in the district. The approved site development plan for the Town Market indicates that 6 additional parking spaces were built over the minimum parking required for the existing retail center, Therefore, sufficient parking on site to accommodate more than 6 additional vehicles and/or oversized vehicles does not exist. Limiting the number of vehicles to 6 would make it impractical from a business standpoint and enforcement standpoint and a compatihility standpoint to potentially park oversized vehicles and traiJers on a site that was not designed to accommodate that use, As previously mentioned, the primary uses on the commercial tract of the aIde Cypress PUD are low intensity commercial USes de,igned to provide small scale retail services for daily goods to nearby residents, A truck/trailer rental t'leility is industrial in nature, has an outdoor storage component of large trucks and trailers, and does not provide goods and services of a convenient nature that are needed on a daily basis. There are no related uses or related characteristics of the Agenda Item No. 9A S'1lJj~fIiP.f'rt'?#' N~~ 2B De&_I2fu<?~9 , . . , P"ge 5 of 26 truck rental use on site or wlthm the PUD, In conclUSIon, the truck rental busmess IS not compatible with those small scale retail uses that currently exist on the subject site and within the C-3 district itself. Please also note that upon a site visit it was discovered that the required landscape buffers parallel to Immokalee Road are now approximately 80 percent devoid of the required vegetation (trees and shrubs) and that vegetation will need to be replaced or further Code Enforcement Action may have to be taken. FISCAL IMPACT: There is no fiscal impact to the County. GROWTH MANAGEMENT IMPACT (Provided by Staft): The original PUD was adopted under the provisions of the 1983 Growth Management Plan. At that time, the plan provided the ability for PUD projects to have a limited amount of commercial land area to serve the personal shopping needs of the residents in the project. Under the eurrent Growth Management Plan, the location of the existing commercial land is inconsistent with the Future Land Use Plan/Map, RECOMMENDATION: That the Board of County Commissioners either affirm the decision of the Development Services Director or reverse the qecision of the Development Services Director by making a finding tha1 the U-Haul business is or is not comparable in nature to the other C-3 commercial businesses in the Town Market which is located in the Community Shopping and Bu.siness Office Center District of the aide Cypress PUD. PREPARED BY: Jeffrey A. Klatzkow, County Attomey and Heidi Ashton-Cicko, Assistant County Attorney HIHF AClExSum Attachments: Public petition Background on code cases Code Board order Extract from Ord, 2000-08 showing permitted uses in C-3 Extract from current LDC showing permitted uses in C- 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Item No, 9A S~lte~~1\lB Dec\~riiille;1~5? :&Ibg Page 6 of 26 Item Number: ftem Summary: 88 This item requires that all participants be Sworn in, and ex parte disClosure be provided by Commission members. County Attorney report on the Town Market property located at 7770 Preserve Lane in the Olde Cypress PUD and whether the lJ-Haul business operated at the site is comparable in nature 10 other C-3 uses allowed in the PUD and whether there IS sufficient parking to accommodate this use. Meeting D.tIl: 12/15/2009 9 00 00 AM Prep...... By Heidi F. Ashton Section Chief/Land Utte-Transportation D8t8' COUrtty Attorney County Attorney Pr.p...... By 12/1120092:16:46 PM Jeff KI8tzkow County Attorney Date A pproved By 12f1/2009 2:16:46 PM Joseph K. Schmitt Community Development & Environmental Servicea Administrator" Community Development Community Development & Environmental Service$. Date 12/3f2009 10:12 AM Approved By Susan Istenes, ArCp Community Development & Environmental Services Cj~ector" Zoning & Land Development Date Zoning & Land Development Review 12/J!:!009 3:12 PM Approved By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney Approv.d By 1213120093:18 PM Jeff Klatzkow County Attorney Date Approved By 1213/2009 3;55 PM OMS Coordinator Date County Manager's Office Office of Management & Budget 12/4/200S 11:16 AM Approved By Mark Isackson Management/Budget Analyst. Senior Date Office of Management & Budget Office of Management & Budget 1214/20092:54 PM Approved By leo E. Dens, Jr. County Manager Date County Managers Office County Managers Office .._-------------~- 12/4/2009 5: 16 PM Agenda Item No, 9A OD~ 27 2009 10115A" ~. PEACEFUL ~ THE FRE"CH 2395140991 . JPeace LLL 7"1"'10-- .....~ ...... .....11. -CZIIIl- r... _1 1'1IC CoI.III,y MIl II r "'- n-...hnl DoaoI: "riday 0dDber232008 ..... '1 IlIo: PlIlIIIon No--.ob..'10 20Dt 0etIr SIrs, .. P..... eClClllpl" .ddI.....oIll8Q8 .. en dIIcllmeort III h. ~ lD 8PMk under Pubic P"lIIu..-forlh8 NoIIWmber 10 a-d ~. The... II ntIdId ID the Town MIrDt ~ 81 7770 P_l.8ne....... 3411 _1lCIIlCIuatIId el.lwl.4 R8nIIIIruclc8/lIaIItN tor.. .... e ~_ (~.ob.r 2003). In 2003 .. IlIYW. rtd '" 2DMIg _.. _ undtrlM ~WI8lan 1Iwt tle llI8II _811 aiAhortad 1.-.:1 In tle 0Idt ~ PUD C-3. UnfOrl1nlloly we don't IcnDw If the UhIIul_ not elJow.l 8 ,..rs IIgD or )J.t ellow8d c-4. ,...~ "I. _ -.duc*od Ihe buM.- _ .., IIIlIl'lY ~fIom 1he Cod8 onforoen18ulCMIrlheyuJll, bul81nollme.~ t-'-W1,werelDllIlhBt!he Uhtul II uneu1horlzltd ute. In June 2008. ancfIunder e llIIqI/elnt. code enforcement flqll8lllld .. oplnbn 01 Zon for our Uheu~ 8nd ..~. A'd thai .uoh .... II not""d1 WelMp6Olfuly.. fhe Boen:lofColl8r Courrb' CoIllllMOnn.1o lIIIowthe Town ID 1lMp" UheuI Ek.b I t- .dM. and .Iaw .. _. ~oecldy In 1heH wry hBld flmIndIIIl timM. 8HI . . Aoenda Item No, 9A "''A!l'e\iI'J'a''I~ D-e&I$,"'1~T2i}b9 Oct: 27 2009 IO.15RI'l J. PERCEFUl " THE FRENCH Z395140991 Pag€,i'~ 2!f 26 _ '. , , Rea._t ID Su L IInrfoor Public: Petltion PJtue pmt NMIe: ~cCC:;- E'I. C""'. h -'''''';, ~ 71?o ?re~4IU'''~ I~, '-.:I",-rlt!.~ (I ~IPi Na... 2%.'=t - "'S -:J I ? 11r 0tIIIt dthe -..,.. &a VllU llWiM ID .-- It ..an,~ ..... cInIIe ~ or no: .. ..... 1I....at ~....... ,",,~1I1d tia .....i. Y-@ .. ..... ....,.ct mdIr.. D11I1DII. Code EnfDn:.mMt _7 @ No Not.: If......r ...~.. "~-, the....... will he.r h 11Im butWlI hIIve ~ ........... ........ ........ Pf'Il.nIiIIL ..... Pi!. :::- ~ datallthe ~aa., VDu 8ft! I1!ItII.J8&tft ft-.. If"... til): /~ ..6-1 'J fit ~ t:~ PI - 8lllII8In In ;:::-!!bR ..- VDU ant --.. 1M ~'-I",,- -'-"(\: - /~ k-l'i.... ~ -2llGI___ [ Ctlfftergov.tlef -,-----..... Ag~llao It(;f1, ~Je. g..... ~l1aWt!f.r?,EN60i!!l Dece_ ii3'; ~bl\~ Page 9 of 26 Report Title: Code Case Details Date; 11/1712009 8:54:33 AM Case Number. celu20090010758 !C');:", Case Numoor. CELU20090010758 Status: Open Case Type: Land Use Date & Time Entered 612012009 3;02:25 PM Priority: Normal Entered By: Guest Inspector: mar1lndalaron Case Disposition: Hearing Jurisdiction: Collier Cou nty Code Enforcement Origin: Public Portal Detail Description: The sale of swimming pool supplies and equipment outside of building. Using a truck for storage of chlorine on slta with out any chamical containment for splnege. lack of hUllrd signs showing the nature of chemical end also same truck used for advertising. Perklng at sits is Inadequate that has at least 5 different business. (site plan for parking) It seems to many business under one roof and lack of parking and fire protection around bUilding 7 Location Comments: 7730 Preserve Lane Naples 34119 (ACTUAL LOCATION 7770 PRESERVE LH. 8/5/09 RM/45) WEB 252 .,~ ,If Unit:5 Naples, FL I ,~ Property Ownerl BOUGAINVILLEA CENTER LLC Business Management & Budget Office 1 Code Case Details Agenda Item No. 9A S~rt~ ~~~B Decli'illBler3il5?~9 Execution Date 11/17/20tj!l~~:'3j!lI.M_ "ii1l],m;:--" ;m!)1"i!8lF~'""i";~~,.:-' ~r,.t- "- ,~~'W#:&;, "":'4':~,~I\")_'~'h"," "''1fJlllll~~~;,...~.__ :':~~~~~ Dne Aaolgnod : ':R1oqulreil' ;: 'Compleled Outcame Comments . Enter Initial Cese Information DellclaPulse 6120/2()09 612212009 Camplam WEB 252 InltJallnspsctlon martindaleron 71912009 613012009 Incomplete On slle. rear lot contains 8 to 10 U-HAUL rental trailelS,trucks, vana, South sid. of business h.s large box truok with elgnage for pool supply store, R.....rch required, Initial Inspection martlnctaleron 71912009 71912009 Incompl.te Have obtained Site Development Plan and contactad Kay Desalem of Zoning and Land Development Reviaw, A me.Ung had baan scheduled to discus. case 7/14109 @ 10:00 to 11 ~OO AM. Photos I!llT1snecf to her for infomation. CE Mo.ting martindaleron 7/14/2009 7115/2009 Complet. Met with supervisor Jeff Letoumeau. We diSCUSSed the case and called the Shopping center owner GEORGE CHAM!. Jell ex:plained the obvious violations first and then other potential problems. He was then placed on speakerphone so we could both talk to to him. It was exp!ained the call was being made as a courtesy and no notices were filed yet. He wllJ be allowed to pursue avenues to eff, compliance with the allegations at least unit the area investigator retums from vacatian.lnvestigatian to resume at that time. RM/45 CE Mooting martjndaleron 7/14/2009 711412009 Complete Meeting with Ray Bellows,zoning manger, Kay Deselem. The report was discussed and site plan moviewed. Kay advtsed the V-Haul truck rental business should be permitted on'" in locations zoned as C..S and that location of business was zoned as PUD. THerefore not pennltted. SlIe plens and photos Indicate the originaf drive-thru window at the SE comer or the structure was designed for banking use. The drive up window has been replaced by 8 door and B ramp installed to the door,blocking the former drive thru. No permits found for installaUon. Furthyer research required. Inltiallnspecllon martrndaleron 7/2712009 8/5/2009 Violationls) Research indicates U~Haul type of business Found operation is permitted only in areas zoned C. 4, Will issue NOV for zoning violabon.RM/45 Record Violations martindaleron 8/5/2009 8/5/2009 Compl.te Attach Picturo(s) martindaleron 81512009 8/5/2009 COmplete Generate Notice of ViolaUon martindaleron 8/5/2009 8/512009 Complete CE Mailing DaliciaPufse 8/6/2009 8/6/2009 Complete Mailed NOV certffled and regular to the agenl Business Management & Budget Office 2 [ Code Case Details Agenda Ilell I I~u, @A ~MmP~~'?'~60M~ Dece1f~I'~' ~b~~ Execution Date 11/17/2069Slf:54:3:f?>.M 1'<.)'; ..g!*,a.. . ...~ROd . llooqulm1! ll!>mpl.1td ' OutcorrHo' ,. Co~ .. . , ce Phone Cell martindaleron 811012009 8/1012009 Complete RETURNED CALL TO DANNY DEERY 250- 7525 OF "SPLASH AND SIZZLE" STORE IN COMPLEX, hE ADVISED HE WAS GIVEN A COPy OF THE NOV FOR THE INSTALLATION OF THE exTERIOR DOORS AND REMOVAL OF EXISTING WINDOW, HE SAID A PERMIT WAS ISSUED FOR THE WORK AND THAT THE WORK WAS ALREADY APPROVED, I EXPLAINED WHILE THE PERMIT 2009051495 WAS APPLIED FOR 5/22109 AND SHOULD EXPIRE 11/18109 IT WAS STill IN "APPl yo STATUS. THIS IS DUE TOA HOLD FROM PLANNING, HE ADVISED HE WilL SUPPLY ALL DOCUMENTS HE HAS TO ADD TO THE CASE TO SHOW HIS EFFORTS TO COMPLY, Re-Inspection martlndaleron 8/11/2009 10/812009 Non~ Heanng notice posted at site (RM/45) and Compliant courthouse (RBI83). AffidavtW of posting signed. Re-Inspection martindaleron 9/8/2009 9/16/2009 Escalate to No change. Rental equipment remains on Legal site. SUJlio violation. Prepare for CEB Hearing. RM/45 Assign Heanng Type martlndaleron 9/16/2009 9/1612009 Code Enforcemen t Board Hearing ce Supervisor Review (CE) letourneau j 9/16/2009 9/2312009 Complete ce Staff Review martindaleron 9/25/2009 9/2512009 Complete OPEN CASE REPORT. submitted for heenn9 review. 10/7/09 RESUBMITTED CASE FOR SUPERVISOR REVIEW,CORRECTIONS MADE 10/21/09: SCHEDULED FOR CEB HEARING 10/22109 11/4109: Respondent orderedBby CEB to cease all outside storage of rental vehicles or relocate all rental vehicles. or equipment within 120 days or $1 OO/day will ba Imposed and pay operational costs 01 $86.14 by 11/22109, CE Legal Review jEtnnlferwaldro 9/30/2009 9/3012009 Rejected Returned packet to RM43 for required n changes. JW44 CE Stefl Review martindaleron 10/1/2009 1016/2009 Complete Please maKe required changes to packet and re-submit. JW44 RESUBMITTED WITH CORRECTiONS CE Legal Review jenniferwaldro 10/712009 10/7/2009 Schedule Schedule lor CEB. JW44 n tor SMfCEB Schedule Case for Hearing jenniferwaldro 10/7/2009 10/7/2009 Complete Scheduled for CEB on 10/22109. Cannot n schedule in cityview due to deadline. JW44 Generate Hearing Notice (GE) ColleenDavids 10/7/2009 10/8/2009 Complete 10/12/09 Mailed NOH regular mall, sent on packet of evidence certified-CD Pre Hearing Inspection martindaleron 10/21/2009 10/21/2009 Complete Business Management & Budget Office 3 Code Case Details Agenda Item No. ~A S~~rt~ 1il91@B Ded?mDler31is?12OO9 Execution Date 11/17/20Bg~54:~j~ De..e I Aaolgneil--" .""'~lH' . COmli,lfled Oiftc:ome L.COn'lirie1llo ,....,........"..." Record Hearing Results jennlferweldro 10/2612009 10/2712009 Complete Respondent ordered to cease all outside n storage of rental vehicfes or relocate all rental vehicles or equipment within 120 days or 5100/day will be imposed and pay oparatlonal cosls of 586,14 by 11122/09, JW44 Generate Hearing Results Notice Jonnlferwaldro 11/1912009 Pendin9 (eE) n Re-Inspeclion martlndaleron 11/2312009 Pending Post Hearing Re-Inspectlon martindaleron 2/23/2010 Pending "~'~'~~~W~;;,;~~~~;re~j.:-:1?:_. ,..... ".""-...,.l1fc. Vlolltlon De,crlptlon Prohibited Use 5lolu, NOV Issued -"'~Jll,'lill~:::':,,~' ""~'~ilfi;:;;.;' '-".' "::~ii_!J1;_'~:~'1~A~~~~~;;ffiii~~:i~O~~ji:~;;;:~:;;~~;~~~, Entered 8/5/2009 C"rrect~d Amount Comments $0 Witnessed truck rental business operated in C .3 zoned location. Truck rentals permitted only In areas with C-4 zoning. Reason .'T~'!::r!ff':1~~l.qW.;:!i~~~W:~f~i!i;i;!:;:!ili;i;;Hh!!:~ji~:~:;,;:\n.'.j, ,;;,,;. T1Ue Code Enforcement Hearing on 10/2212009 Result CompJl.nce FlnelD.y Cond~lon Code Review GUIlty 2122/2010 $100 Respondent ordered to cease all outside storage of rental vehicles or relocate alf rental vehicles or equipment within 120 days or $100/day will be Imposed and pay oparalional COsts of$86,14 by 11122109, JW44 Business Management & Budget Office ..-------- 4 [ ? ctift'fngot.,net .~'_......,....._. ,\~(;l ,cia Itam ~la< g" ~~~fN6Q-1/J DeceIi16ij~~ 2oe~ Page 13 of 26 Report Title: Code Case Details Date: t1/1712009 8:55:54 AM Case Number: cesd20090012981 Case Number: CESD20090012961 Status: Open Case Type: Site Development Date & Time Entered: 8/5120092:24:10 PM Priority: Normal Entered By: martindaleron Inspector: martlndaleron Case Disposition; Hearing Jurisdiction: Origin: Field Observation Detail Description: Installation of elevated ramp to exterior of structure and addition Df door without permits. Location Comments: 7770 Preserve lane "Splash 2 Sizzle" store IDcatad in Town Market Plaza. ;" Address 7770 Preserve IN Naples, Fl Property 68391446166 1 I Property OwnerlJ PEACEFUL L C . . .1- ,~", -, : :"',',': J~;';' ; ',......: :r.'!.-.. Business Menagement & BUdget Office 1 Code Case Details Agenda Item l''-Jo. ~P\ S~~rt;m, ,:qg1 ~B Dec5'~r315?~g Execution Date 11/17120099B':55:U~M- :'i;,rf(~:~::"~"';"~:i'!:';~;::';:1:';;.'!!" : ,'.' _.' "",J"r.l"':'~'~'f""'" ~.."..11""1' .-.lli,.iL,.., :~,~Li!;f{~~lk,;~;t:;:\;:JJ.t::I. '.. ~~)liU~;t . lP'C~i:~'Jj~!:i1~l.;i";.;~:~\~i~.'~,\,l" g"',<="~~~!~i,:,"J.(;jWf,:r"m".i1tt,'F.,. , :, /, ",..ii,,'f,'<~1;,.i,~.,l,i.;.j~"',. :lW-,' r ~.' ~ ."'~ -:>tl ,Ii- - ~t. p.""~,, "'. .. .. :,;;.:,\"",.. (,~~, ,':,_....l.~,:.,:,-'V:,'::;~,:,",;i'L~jS,t~:;,:!~I;.,i",~!."h:.:, ,- .,-.~I:..11i ~!ll, ,. ,i:l" .1fY._ '.;.i': :",~,"Il~~'~'" r~ .. - ,. ~i~':'~I~I;,:.!, :,1':'''.l"_v.;__~>i!,,;);~:'' ',' Deoc ' A..ll1ned Required' Comploted Outcome Commenta Inllia/lnspection martindaleron 8/512009 8/5/2009 Vlolotlon(s) while inv8sUgatlng zoning violation complaint Found CELU2oo90010758 at the Town Ma",et Pleze it came to my attention the original drtve~thru window lane was replaced wtth an elevated entry ramp and exterior doors.Also interior door had been installed In. Alterations wre at the 'SPLASH 2 SIZZLE" pool supply business. No permits were obtained. NOV to be issued. RM/45 Recor'd Violations mar1Jndaleron 8/5/2009 8/512009 Complete Aflach Plcture(s) martlndaleron 8/512009 81512009 Complete Generate Notice of Violation martindaJeron 8/5/2009 8/5/2009 Complete CE Mailing Delic;aPulse 8/6/2009 8/6/2009 Complete Mailed NOV certified and regular to the agent. Re-.lnspectiot'l martjndaleron 9/612009 9/16/2009 Requires violation remains. no permits applied for Hearing Assign Hearing Typo rTlartindaleron 9/16/2009 9/1612009 Code Enforcemen 1 Board Hearing CE Supervisor Review (CE) letoumeau .J 9/16/2009 9/23/2009 Complete CE laga' Review jenniferwaldro 9/30/2009 9/30/2009 Rejected Returned paCket to RM43 for required n changes. JW44 Enler Initial Case Information martinea/ercn 10/112009 8/5/2009 Complete CE Staff Review martindaleron 10/112009 10/7/2009 Complete Please make required changes to packet and re~submit. JW44 CE Legal Review jennlferwaldro 10n12009 1017/2009 Schedule Schedule for CEB, JW44 n for SM/CEB Schedule Case for Hearing jennlferwaldro 10n /2009 10n/2009 Complete Scheduled case for CEB on 10/22/09, Cannot n schedule in cityview due to deadline. JW44 Generate Hearing Notice (GE) ColteenDavids 1017/2009 10/812009 Complete on Re-Inspection martindaleron 10/8/2009 10/8/2009 Non- Postsd slte(RM/45 and courthousB Compliant (RB/83),Affldavit signed, pholoS of postings. Pre Hearing InspeclJon martindaferon 10/21/2009 10/21/2009 Complete VIOLATION REMAINS Record Hearing Resu!ts jennlferwaldro 10/26/2009 10/27/2009 Complete Respondent ordered to obtaim building permit n or demo permit. inspections and CO within 120 days (2/22/2010) or $100/day will be imposed and pay opearational costs of $86.14 by 11122/09, JW44 Business Management & Budget Office 2 Code Case Details ~f.lmPfte~328@ Decefi\ll@~ 13& '2u1ifl Page 15 of 26 Execution Date 11/17/20098:55:54 AM 0...: Aaslllned Required Completed Outcome Commlnta ., ..c CE Phone Call martlndaleron 11/6/2009 11/612009 CO"1lleta CALLED OWNER OF SPLASH 2 SIZZLE 596 -7946 TO CHECK STATUS,HE ADVISED SIP MUST BE CHANGED DUE TO INSTALLATION OF CONCRETE PAD FOR NEW CHLORINE TANK. HE IS SUBMITTING THIS CASE REQUIREMENTS INTO THE NEW SIP,I WILL ADVISE SHOPPING CENTER OWNER OF PROGRESS AND TO VERIFY HIS PAYMENT OF COURT OPERATIONAL COST,( OWNER GEORGE CHAMI571-7777) Generate Hearing Resutts Notice janniferwaldro 11/19/2009 Pending (CE) n Re-lnspection martindaleron 11/2612009 Pending Post Hearing Re-lnspection martindaleron 2/2312010 Pending ;1:'1 Violation Description Status Entered Corrected Amount Commenta BuilaD'lg Perm~ FBC NOV Issued 815/2009 $0 Witnessed alterations to structure without obtaining required permits. Improvement Prior to Building Permit NOV Issued 8/512009 $0 I;~ TllII, " Reason ReSUlt Compliance FinelDIY " Condttlon; .' ,'c' , , ' Code Enforcement Hearing on Code Review Guilty 2/22120 1 0 $100 Respondent ordered to obtaim building permit 10/22/2009 or domo permit. inspections and CO within 120 day. (2/22/2010) or $100/day will be Imposed and pay opearational costs or $BEl.14 by 11/22/09. JW44 Business Management & Budget Office 3 INSTR 4359547 OR 4506 PG 2536 RECORDED 11/5/2009 10:30 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 9A Se.!ll!f#!jl.>g~t?,&, m111JB De~~fj!9f2UD9 Page 16 of 26 CODEENFORCE~BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, eEB NO.: CELU2oo900107S8 vs. ], PEACEFUL, LC, Respondent. I THIS CAUSE having come beforeth 22. 2009, and the Board, having h appropriate maners, thereupon is es follows: enl Board at public hearing on October evidence, And heard ",.""clive to all ion of Law, and Order of the Board, as I. 2. That Ihc Code Enforc Responden~ having been duly n 3. That Ihe Respondent was more Truck ",ntal business prohibited in C-3 zoned location (permined only in C-4 zoned location). ORDER OF THE BOARD Based upon the foregoing Findings or Fact and Conclusions of Law, and pursuant to the authority granted In Chapter 162, Florida Statutes, and Collier County Ordinance No, 2007-44, il i. hereby ORDERED: That the violations of Section 2,02.03 of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: t. The Respondent shall pay operation~1 costs in the amount of$86.14 incurred in the prosecution oflhfs case within 30 days of this hearing. 2. The Respondent shull ceuse all outside sloruge and renlal vehicles and equipment or relocate rental vehicles and equipment to an area designated for such use, or have the property rezoned to allow for such use, within 120 days of this hearing. or a fine of SI 00,00 per day will be imposed for each day the violation remains:. OR 4506 PG 2537 Agenda Item No, 9A ~~~dJ! Page 17 of 26 , 3. If the Respondent fails to abate the violation, the County may abate the violation and may use the as,istance cf the Collier County Sberiff's Office to enforce tbe provisions of this Order with all costs of abatement to be assessed 10 the property owner, Any aggrieved party may appeal a final oreler of tbe Board to the Circuit Court within thirty (30) days of the exeeution ofth. Order app.aled, An appeal shall not be a hearing d. novo, but sball be limited to appellate review of the record created within, Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~day ofOclober, 2009. at Collier County, Florida. STATE OF FLORIDA ) ) COUNlY OF COLLIER) R ay of October, 2009, by Gerald . d who is -4- pcrsonally known . n. The foregoing instrum nt, Lefebvre, Chair of the Code E orc 10 me or who has produc - t'" ~., w ,~ .... ElqlIros ~ knIIIdJlr.lf... CERTIFICATE OF SERVICE [HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b); U. S, Mail 10: J Peaceful LC, clo George Chami, 7675 Margherita Way, Naples, FL 34 J 09 on this ::L'1'(lay of October, 2009, ~~~aI~~l!.' ,.~~.~:..;~~tJ. J ~ (J(il ..., ....~ '. .. . . ='~ . IDI A'SliToitCICKO, ESQUIRE I HERE8\' CERllFi:rNAT.tliil'iI...;.-,;..,. Florida Bar No, 966770 :orr.ct COlly ot allDl:'Ii1iitrii on ""iii __.: Attorney for Ihe Code E~foreement Board eoard. Minutes e.d 'li~'~" ....r.....- , OFFICE OF THE COUNlY AITORNEY ~SS mv ..,M.' \ Ii Harmon Turner Building ..::c:.' a.o, 01 .c!Il. . i " .,.. 3301 East T~iami Trail . ;,'" : ': :;J,'.'. ~.: " Naples, Floroda 34112 OWIGIfT E. BROc.K, CI,ERK OF-coum (239) 252-8400 - "'r":;;"-, .';''':; h '. "..( ,.u. _ . ~ .- ,...'J ,- OR .506 PG 2538 1lIII1I1T -". L&CW.DllCalJrnON roa TIll LOT LIIll AIlIIlITMIIrr II:TWUN LOll. ""'D. or PIIDIIn'I: COMMON"" IUIIlI\IIIION IJII 'CO' r - COIIInY IIZCOIlHD Ilf PUT INIOIC)I. P"Ga """'D" " STRIP OF LAND 1.Y1NG IN SECnDN :1. lOWNSIlIP .1 SOI1I1t, IWiOE 26 EAST, COl.UEJ. COUInY.I'tOIUD" AN!) PUIl11l!lt Dl!SCIU8l!D AS POu.ows; COMMIlNCJNO FaOM ne SOU'l1lEAST CCIaHD. or SECTION 21, TOWNSHII' 4' SOUTH. IWIGl! 21 EAST; lHENCE ALONG TIll! SOUTIf LINE Of SAID SECIIOH, sotmIt9'09'sr WEST, "DISfAHCE Of 1571.10 FUr 10 APOtNrON THE WEST IUOHT-Of'. WAY OFPaI!SIllYE LAN!, I'I.AT IOOIC,., 'MlUIIt.99; 1H!NC! ALONG SAID Pl.4T, NOII.TJ/ 0(I'S6'0S" WEST, 4 DlSTANCEOf ICIO,oo fEET TO " JlOIHT; THDICE SOl1t1II9'09"r weST," DIST COMMON CORNI!I. 10 LOTS J AND BIlGINNlNO; TJfENCE SOl1t1II9'09.,.. AlWST!l>CONMON tIlIlNCl! AI.ONO SAID AD TANe; OF 210," fEET TO 4 POtNr ON TIll! 1llENCII ALONG SAID E OF 5100 fEET 10" POtNr COIOfON 1lII!NCE SOl1t1I 00'50 !NT OF 8EOINNINa, '-"'~Io -.H. "-'IIl.1rII,:lM ,. " ',.or .....,... ....Iolopprr c ' , I .. ... s...;c,n Joe. 9200 IIaab a..1IlIrd, SuIIt 21l IIooila IpriIp. P1.l.m L8II6S72 SaI; Sipod; ~: ~ L\*t~ O:;;--~1..-0 I 1 . e-...._......_ ....__4_.______..._ Agenda Item No. 9A S~~nE?lh il81~B Decli1l1li1er4j19?~9 Page 18 of 28 l -** OR 4506 PG 2539 *** Agenda Item No. 9A ~~ffiP~e~N~O~~ Dece~ ~, QOO?l Page 19 of 26 . . ,., ttt 01: 2831 PO: 3m ttt I , , I I I I I I I I I I I I .... I I I I I I I I I ~ I I I 1 I I .. ... I I I ~i I I , I \ I ~~ ,8 rOLt M ..oo.os.oo H , I I I I I I ;;;1:0 I I I I U1it: I , "'",... I I I ~i'i I 1 ,I I I ,grOLZ J "DO,OS,QQ 5 f .f I I I I I I ~ I I I . I i III 'I ~l I Iii i! I I 1'( >' ~ I I ~Igf ;1 I , ~ I iK~ II \ I . I I I i -' I ~ E:~ I CI --;," 0' =1 [ I- ~I - ____--'1 d li!~ -,-- __....- I 1\ I I I I I ~ I !II ! I la1=~.IO~~"n ~ .. .. __... III . ". ..111 d~II"..I. &1 . II . t-'l.. .".. II .. ;.1 ;~I. I 1, !IIUli~el! i I- 1t.,II-lill. illa-III'lellll [jl . ! idl~ I !s,1I I -1-. I!l $ -! I 11-'.1 il .i lale. g I; - i ..- i.lll_ III ~ - 5 Ii II ' .! I 1111 I , J. rn~ i .: ! I I - I ):~\lotJnll,\LI.AD.A1St 1ut .a, on fl38:0t ZOOI PlOT IT MiT Agenda Item 0, S~qt6lh Kl61~8 Dect!illbei4~ 5?12ilb9 Page 20 of 26 Division 2.2., Zoning District!l, Pennitted Uses. Conditional' Uscs. Dimcnsio1U1.f Standards., of Drtlinance 91-102, as .amended, lhe CoUler County Land Development Code, is hereby amended to read ns follows: Division 2.2. ZONING DISTRICTS, PERMl'ITED USES.. CONDITIONAL USES, DIMENSIONAL STANDARDS See. 2.2.1% Commerdal proressional diolriot (C-I) and tOrnmercial prof'.,ioDal Ir....Ui.n.1 dlstrid (C-Ifl). 2..2. r 2.4.3 Minimum yard requiremenf3. I. Fro~ yard.. 25 feet or one-half of the buiIdin~ heillht as measured from each uterior wa.l1..which~er oW Ilre.atcr. 3. Rear yard .15 fee! or rme-balrofthe buildinr heipht as meac;ured from each exterior wall whichever is IlTeB.ter. Se,c. 2.2.J3 Commercia! convenience di!Jtrict (C.2). 2.2.1 JA.J Minimum yard requirem:nrs. I. Front yard. 25 feet or one.hal{ of the buiidinlo'!: heilZht as measured from each eXlcrior wall. whichever is Rreater. . 3, Rear yard. /5 r"'l or one.h8lf of the ~in. bei.ht as measure<J from each exterior wall whichever is cr, See. 2.2.14. Commercial intermediate district (C-3). 2.2./4.2.1. PennilleduslS. J. Unless otherwise prDvided for in this section, aJI "permiued Uses of the C-2 commcn::i.ql convenience districL 2. Apparel and accessory Slorcs (groupS 56] J -5699). 3. Auto and home supply stores (5531), 4. Automotive services (7549). S. Busin.... ",rvioes (groups 731!. 73/3. 7322-7338,7361-7379,7384, 738gexo<pt auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting), 6. Eating places (5812 only). All establishmel1ts cngagaf in the retAil 581e ofalcobolic bevccsges for. en-premise consumption are subjecllo JocaLional requirements of section 2,5,10. 7, Food slores (8roups 5411.-5499), 8. GeneraJ merchandise stores (groups 53! 1-53~9). 9. Group care facilities (category J and llt except for homeless shelten); care units, excepf for homeless sheJters; nursing homes; assiSled living faciIiljes pUrsuanl10 ~ 400.402 F.s. aud ch. 58A-5 F.A.C.; and continuing t:a.re retirement COmmunities pursuant to 9 651 f.S. and ch. 4-193 F.A.C.; aH subjei:t lo seclion 2.6.25. 10. [Reserved,] Word! 'lNC'W~ are ::l::kled, .....ords ulld~.s;l ~~ a.dded- < ,II. Home furniture, furni.hing, Illd equipment stores (group< 5712-5736), 12. l-ibrari.. (8231), 13, Marin.. (4493), .ubjco, to .eetion 2,6.22, 14, Membership organizations (8611-8699), 15, Miseellaneous.r ."",Ic", (g1Oup< 7629-7631), 16. MisceUaneous retail (groups 59! 2-5963 except pawnsbops and building materials, 5992-5999 exc""t .uction 100m,), 17, Museums and art galleries (8412), 18. Nondeposi'ory credit instilulions (groups 6111-6163), 19. P.ln~ gl... and wollpopcr stonos (5231). 20. Personal services (groups 721]. nt2. 7215,7216 nonindustria{ dry cleaning only. 7221-7251,7291), 21. Public admini,trallon (groups 91 I 1-9199, 9229, 9311, 941 1--9451, 9511-9532, 9611..9661). 22, Retail nurseries, lawn and garden supply stores (5261), 23. Veterinary servict:S {groups 0742. 0752 excluding outside kenneling). 24. Videotape rental (7841), 2S. United Stales Postal Service (4311 exc~pt major distribution centers). 26. Any use which was permissible under the: prior "ORe zoning district and which was lawfully existing prior 10 the adoption of this code. 27. Any other general commercial use which is comparable in nature with [he foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent state:menl of the disuicL 22-14.4.3 Minimum yard reqlliremem:r, I. Front yard. 25 feet or one-naif oflhe buildin2 heh!ht as measured from each exterior wall whichever is' 2reat~. 3. Rear yard. 15 feci or one-half of the buildin!;l heil!h! as measured from each exterior wall. whichever is c:.~. See. 2..2..15. General cummerciaI district (C-4). 2.2.15.4.3 Minimum yard requirements. 1. Front yard. 25 feel plws Bar fe at (1)1 eaBR SRI! f~et afbYilsiag: heigh;: s. er 59 fht or one-half of the buildind heieht as measured from eacb exterior w90ll. whichever is !!realer. 2. Rear' yard. 15 feet or one~half of the buiJdin~ heipht as me!1.<;ured from each exterior wall whichever is !!Teater. See. 2.2.JSK Hea\'Y commercial district (t>5). Words 6rffl~l; IT Jttgft ftIe dele!ed, words .lLn..dedifled Ire added. , gen a tern 0, . ~l'lmP!lem'\Jap~[l Dece~ 115, Qblill Page 21 of 26 Agen a Item 0, S~@FRl'if'n~~fl1!lB Decl?ii'IOOr4-fu?~9 Page 22 of 26 2.03.03 Commercial Zoning Districts C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) 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. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-I and Co2 zoning districts 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 mixed.use project containing a residential component is pennitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. ]. The following uses, as identified with a number from the Standard Industrial Classification Manual (19117), or as otherwise provided for within this seclion are pennissible by right, or as accessory or conditional uses within the commercial intermediate district (C. 3). a, Permitted uses. I. Accounting (11721). 2, Adjustment and collection services (7322). 3. Advertising agencies (73 ] I), 4. Animal specialty services, except veterinary (0752, excluding outside kenneling). 5, Apparel and accessory stores (5611--5699) with 5,000 square feet or less of gross floor area in the principal structure. 6, Architectural services (11712). 7, Auditing (8721). 8. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal Structure, 9. Automobile Parking, automobile parking garages and parking structures (7521 -- shall not be construed to permit the activity of "tow.in parking lots"), 10. Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service. II I ]. Banks, credit unions and trusts (6011--6099), 12, Barber shops (7241, except for barber schools). 13, Beauty shops (7231, except for beauty schools), .'-"-,- l Agenoa nefTI 1\In. 9A ~"mP~e~608g Decel1ii!liw #,~ Page 23 of 26 14. 15. 16, 17. 18. Bookkeeping services (8721). Business associations (861 I). Business consulting services (8748). Bnsiness credit institutions (6153--6159). Business services -- miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tlilbacco sheeting, window trinuning, and yacht brokers). Child day care services (8351), Churches, Civic, social and fraternal associations (8641), Commercial art and graphic design (7336). Commercial photography (7335). Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. Computer programming, data processing and other services (7371--7379). Credit reporting services (7323). Direct mail advertising services (7331), Drycleaning plants (7216, nonindustrial drycleaning only), Drug stores (5912), 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, Educational plants, Engineering services (8711), Essential services, subject to section 2.01,03. Federal and federally-sponsored credit agencies (6111), Food stores (groups 5411--5499) with 5,000 square feet or less of gross floor area in the principal structure, Funeral services (7261, except crematories), Garment pressing, and agents for laundries and drycleaners (7212), Gasoline service stations (5541, subject to section 5,05,05), General merchandise stores (5331--5399) with 5,000 square feet or less of gross floor area in the principal structure. Glass stores (5231) with 5.000 square feet or less of gross floor area in the principal structure. 19, 20. 21. 22, 23. 24. 25, 26, 27. 28. 29. 30. 31. 32, 33, 34. 35, 36. 37, 38, 39, 40, Agenda Item No, 9A S<>\.1Jemlll'lnafll jil\lj IlB Dece>~M5:)~9 Page 24 of 26 41. Group care facilities (category I and II, except for homeles8 shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. ~ 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S, S 651 and ch, 4-193 F,A,C.; all subject to section 5,05,04. 42. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 43. Health services, offices and clinics (80] ] -8049). 44. Home furniture and furnishings stores (57]2--5719) with 5,000 square feet or less of gross floor area in the principal structure. 45. Home health care services (8082). 46. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal Structure, 47. Insurance carriers, agents and brokers (631 ]..6399,6411). 48. Labor unions(863]). 49. Landscape architects, consulting and planning (0781). 50. Laundries and drycJeaning, coin operated -- self service (7215), 51, Laundries, family and commercial (721]). 52, Legal services (811 I), 53. Libraries (8231). 54. Loan brokers (6163). 55. Management services (8741 & 8742). 56. Marinas (4493), subject to section 5,05,02. 57. Membership organizations, miscellaneous (8699). 58. Mortgage bankers and loan correspondents (6] 62). 59, Museums and art galleries (8412). 60, Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure. 61. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure, 62. Persona! credit institutions (6141). 63. Personal services, miscellaneous (7299 . babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure, 64. Personnel supply services (7361 & 7363), 65, Photocopying and duplicating scrviccs (7334), 66, Photofinishing laboratories (7384), 67, Photographic studios, portrait (7221), 68. Physical fitness facilities (7991), 69. Political organizations (865]), 70, Professional membership organizations (862]). 71. Public administration (groups 9111--9199, 9229, 9311, 9411-9451, 951 ].. 9532,9611--9661). 72, Public relations services (8743). ~-'-----~ ,-.." [ Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure, Radio, television and publishers advertising representatives (7313). Real Estate (6531--6552). Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure. Religious organizations (8661), Repair services - miscellaneous (7629-.7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 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. Secretarial and court reporting services (7338). Security and commodity brokers, dealer, exchanges and services (6211- 6289). Shoe repair shops and shoeshine parlors (7251), Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). Surveying services (8713). Tax return preparation services (7291). Travel agencies (4724, 110 other transportation services), United State Postal Service (431 I. except major distribution center), Veterinary services (0742, excluding outdoor kenneling). Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure, Wallpaper stores (5231) with 5,000 square feet orless of gross floor area in the principal structure. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as a component of a shopping center. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrati ve as opposed to the operational functions of a business and are associated purely with activities conducted in an office, Any other commercial or professional use which is comparable in nature with the (C.l) list ofpemlitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10,08,00. 73. 74. 75. 76, 77. 78. 79. 80. 81. 82, 83, 84, 85, 86, 87, 88. 89, 90, 91. 92. 93. 94. 95. Agenda Item No, ~A S.6l~~l'@tie DeceJiffiRlr 411, qt clUlJ Page 25 of 26 Agenda Item No, 9A S~em/ll3nSfl, ~ll) ~B Dec~r4~12OO9 Page 26 of 26 ? ) taD. FrIeI-', Dece~ 4,,2009. Naples Dally NeWll " .,_.,..,.._.,-.._--....,~~_.". --,-.- _........_---.._,~.._.:.._.--"..__.._..."'-. NOTICE OF INTENT TO CONSIDER REPORT ' NoUce is hereby gillen that the Board of County CommIssioners of Collil!f' County wlJ[ tloJd _ a public _ hearing, on TIJe5day, December 15, 2009. in -the Boardroom, 3rr; Ftoor, Administration Building, CotliH County Government Center 3301. fltst Tamlami Trail, Naples: Florida. The meeting wlrl be- gin at 9:00 A.M. The title of t~i5 report is as follows: . der to participate in this proceeding. you are entitled, at no, cost to you, t~ the provisJon ,.of certaIn asdstimcl'. Pfea~ contact the Coffier County' Fa. dllties Manageme'nt DeJMrtment. - 10-' cated at '3~1 Tamiami Trail East, BuildIng W, Naples, Florida 34112. (239)252-8380, Asslrted Iinening d~ vices far the hearing impaired ar!! available in the County CommiSSIOners' Office. NOTICE OF INTENT TO CONSIDER A COUNTY ATTORNEY REPORT ON THE TOWN MARKET PROPERTY LOCATED AT 7770 PRESERVE LANE IN THE aLOE CYPRESS PLANNED UNIT DEVELOP. MENT (PUO) AND WHETHER THf U- HAUL BUSINESS OPERATED AT THE SITE IS COMPARABLE IN NA TUrl:E TO. OTHER (-3 USES ALLOWED IN THE PUD AND WHETHER THERE IS SUFFI- CIENT PARKING TO ACCOMMODATE rnls USE. NOTE: All per~ns wishing 10 speak on any agenda item must realS1er with the Cour'\ty Administrator pnor to pre- sentation of the agenda item to be addressed. Individual speake~ wilt be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization Dr group is encouraged. If retognized by tn!! Chair, a spokesper5on for oil group .or organization. mily be allotted 10 rrun. utes to speak on an Item. PeJ>om wishing to have written or graphic material included in the Board agenda packets must mbmrt '>aid ma~ terial " minimum of 3 weeks prior to the respective public hearing. In any case, written matenals intended to be (On~idered by the Board shafl ~e sub- mitted to the approprlilte- COUnty staff is minimum of seven 'days prior to t~e public hearing. All mat;rra! used In presentatIon, ~ hefore tht Board will be<ome. Cl oermanent part of the re. cord. ' BOARD OF COUNTY COMMISSIONERS (OLlIER COUNTY, FLORIDA DONNA FIAlA, CHAIRMAN DWIGHT E. BROCK, CLERK BY: Ann Jennejohn, Deputy Clerk (SEAU n"'"mhpr4 :>OrlQ No1R'~RR"~ Any person who deCides to appeal a decision of the Board will need II re- cord of the proceedings. pertaining the1-eto and t/lerefore, may need to ensure th~t a verbatim record of the . pnxe-edings is made, whi<:h record in. duded the testimony and evidence upon which thE' appeal is b<lsed. If you are a pprson with a dilability who needs any aCCommodation in or. . "',- iU E . dtO .....!: ::sU 't ,Ill '," QJ U~ "' L., tV 0 C-a; ._",-,. LJ ' I r a.lrt1 c:"C ~t= -Jc ~ii: , . a.l"" ..,;,t ll1)- lo., Cl a..n:I Z o r-r. ft..,. ~ ! 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