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Backup Documents 01/08-09/2013 Item # 6CDETERMINATION OF USE ASSESSMENT TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS WITHIN CREEKSIDE COMMERCE PARK CPUD BUSINESS DISTRICT JANUARY 4, 2013 Prepared for: COLLIER'S RESERVE ASSOCIATION, INC. 11711 Collier's Reserve Drive Naples, Florida 34110 Prepared by: ENGINEERING 2350 Stanford Court Naples, Florida 34112 (239) 434 -0333 EB 642 20129246 -000 -9-13 ff74r„z„ �- c 6C 0 Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Summary of Findings At its meeting of June 26, 2012, the Collier County Board of County Commissioners acting as the Board of Zoning Appeals approved a Summary Agenda Item determining that a Tire Store with Minor Automotive Repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park PUD ( "CPUD "). This assessment involved a review of the applicant's request, staff's Executive Summary, and provisions of the CPUD, Land Development Code, and statutory notice requirements. The following pages provide an outline of findings that the Tire Store with Minor Automotive Repairs cannot be deemed comparable in nature to other uses in the Business District due to the nature of the permitted convenience store and gasoline filling station (limited to only one permitted), and cannot be deemed consistent with the Business District intent, and that the compatibility of the Tire Store with Minor Automotive Repairs has not been demonstrated within the Business District where it is proposed along the Immokalee Road corridor. The findings are organized according to following four main points addressing the incomparability, inconsistency, and incompatibility of the Tire Store with Minor Auto Repairs. Those four findings are followed by an explanation of statutory public notice requirements for changes in the actual list of permitted, conditional, or prohibited uses within a zoning category. 1. Comparability Test: "Convenience Store and Gasoline Filling Station only one allowed" not comparable to Tire Store with Minor Automotive Repairs 2. Inconsistency with the intent and purpose of the District 3. Definition of Compatibility and the Limitation of only one such use 4. Compatibility of the uses within C -3 vs. Incompatibility within C -2 conventional zoning districts Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 1 Overview County records indicate a pre - application meeting for a Site Development Plan for Firestone Repair Center at 1171 Creekside Parkway was requested on April 18, 2012, at which time staff noted "2006 PUD doesn't appear to support this use" and "possible zoning action required as well." The applicant issued a request letter dated May 9, 2012 for an Administrative Determination to allow a Tire Store with Minor Automotive Repairs as a permitted use in the Business District area of the Creekside Commerce Park CPUD (Ordinance 06 -50). The Pre - Application Meeting request information and the applicant's request letter for Administrative Determination are provided as Attachment 1. Section 2.21 of the CPUD identifies general permitted uses throughout the Creekside Commerce Park CPUD except in the Preserve Area. (See Attachment 2 for the Creekside Commerce Park CPUD Ordinance 06 -50). The list of general permitted uses includes usual and customary uses, such as essential services, to be allowed throughout the CPUD. A secondary listing of uses is provided for each of the two Districts within the CPUD: the Industrial /Commerce District, and the Business District. The permitted uses for each District are identified by referring to the Standard Industrial Classification (SIC) Code, which the County references to help classify uses. The SIC Code for a Tire Store with Minor Automotive Repairs (SIC 5531) is not listed as a permitted use in the Business District area. The SIC 5531 description is provided as Attachment 3. Within the Business District Section of the CPUD, however, Section 4.3.A.14 authorizes the administrative approval process to permit uses that are not listed as permitted. In order to administratively approve a use that is not listed as permitted, it must be deemed comparable, consistent and compatible with the already approved, permitted uses. The applicant's request letter and staff's Executive Summary to the Board of County Commissioners (BOCC) assert the tests of comparability, consistency, and compatibility are evaluated relative to the entire CPUD. (See Attachment 4 for the staff's Executive Summary and the approving Resolution 12 -120.) While the general permitted uses identified in Section 2.21 of the CPUD refer to permitted uses throughout the Creekside Commerce Park CPUD, the uses identified as permitted under Section 4.3.A are specific to the Business District, and the tests for comparability, consistency, and compatibly are specific to the Business District. Therefore, the corresponding analyses must be based Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 2 solely upon uses allowed in the Business District, not the entire CPUD. The proposed use must be: • comparable in nature to other uses that are listed as permitted (within the District) • otherwise clearly consistent with the intent and purpose statement of the District • determined to be compatible in the District. This Determination of Use Assessment Report involved a review of the applicant's request, staff's Executive Summary, and provisions of the CPUD, Land Development Code, and statutory notice requirements. The following pages provide an outline of findings concluding that the Tire Store with Minor Automotive Repairs cannot be deemed comparable in nature to other uses in the Business District due to the nature of the permitted convenience store and gasoline filling station (limited to only one permitted), and cannot be deemed consistent with the Business District's intent, and that the compatibility of the Tire Store with Minor Automotive Repairs has not been demonstrated within the Business District where it is proposed along Immokalee Road. These findings are outlined on the following pages, and are followed by an explanation of statutory public notice requirements for changes in the actual list of permitted, conditional, or prohibited uses within a zoning category. 1. Comparability Test: "Convenience Store and Gasoline Filling Station only one allowed" not comparable to Tire Store with Minor Automotive Repairs The Tire Store with Minor Automotive Repairs was represented by the applicant in his request letter dated May 9, 2012 as comparable to the permitted use of "Convenience Store and Gasoline Service' Station" (SIC 5411 and 5541), however the permitted use listed in the CPUD Section 4.3.A.4 is not Gasoline Service Station, as stated by the applicant; it is stated differently and is more limited according to the listed use of "Convenience Store and Gasoline Filling Station only one (1) allowed." (Emphasis added by italics.) Gasoline Service Station is a SIC Group that includes various activities, that range from more intense uses, such as service stations, gasoline - retail, truck stops - retail and automobile service stations - retail, to less intense uses such as filling stations. Gasoline 1 The applicant's letter describes "Gasoline Service Station," however the permitted use is listed in CPUD Section 4.3.A.4 as "Gasoline Filling Station." (Emphasis added by italics.) This document will refer to the Gasoline Filling Station use, as listed in the CPUD. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 3 11 Y, Filling Station is a less intense activity included within the SIC Group of Gasoline Service Station, and is listed as "Filling station, gasoline - retail." See Attachment 5 for the full text of the Gasoline Service Station (5541) description, which specifically states: Gasoline stations combined with other activities, such as grocery stores, convenience stores, or carwashes, are classified according to the primary activity. The listing of the permitted use as "Convenience Store and Gasoline Filling Station only one (1) allowed" within the CPUD is specific to the use of convenience store and associated gasoline filling station, and is specific to limit only one such use within the Business District. Staff's Executive Summary acknowledges the difference between Gasoline Service Station as a Group, and Gasoline Filling Station as an activity within the Group. Staff determines the wording is vague and unclear as to whether the Gasoline Filling Station wording was limiting to filling stations, or intended to allow for all Gasoline Service Station activities which can include more intense activities identified as service stations, gasoline - retail, truck stops - retail, and automobile service stations - retail. The use of the wording Gasoline Filling Station in the CPUD was not vague; it directly relates to the SIC activity of "Filling station, gasoline - retail," listed under the Gasoline Service Station Group. The fact the CPUD further restricts the use to only one Convenience Store and Gasoline Filling Station speaks to the intent to limit the use, which indicates the use is considered in its specific sense, not to be broadly interpreted. This indicates the intent was to limit intensity of use, and limit the District to only one such less intense facility. The Tire Store with Minor Automotive Repairs contemplates and allows the more intense repair - related uses that are associated with and allowed in the broader Gasoline Service Station Group, but are not associated or permitted with a Convenience Store and Gasoline Filling Station. The single Convenience Store and Filling Station permitted by right to be located within Creekside Commerce Park CPUD Business District does not include or allow automotive repair services. Thus, the proposed Tire Store with Minor Automotive Repairs is not a use that is comparable to the permitted Convenience Store Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 4 and Gasoline Filling Station, nor is it comparable to the less intense retail and office uses within the Business District. 2. Inconsistency with the intent and purpose of the District The applicant asserts and staff finds that the Tire Store with Minor Automotive Repairs is compatible with other uses permitted in the CPUD, noting that the tire store is less intense than many of the manufacturing and light industrial land uses permitted within the CPUD. However, as noted above, the CPUD is divided into two Districts, a +19.1 -acre Business District, which is specifically located adjacent to Immokalee Road, and a +41.6 -acre Industrial /Commerce District that is positioned internal to the site and along Goodlette -Frank Road. The CPUD's Business District is intended for office and retail uses, and specifies a list of such uses and their development standards. The CPUD's Industrial /Commerce District is intended for more intense industrial /commerce uses, with an associated specific list of uses and more demanding development standards. The compatibility test required to be analyzed for the proposed use is not with all other uses allowed throughout the CPUD, such as the more intense Industrial /Commerce District uses. Instead, the required test per the provision of CPUD Section 4.3.A, is for the proposed Tire Store with Minor Automotive Repairs to be demonstrated as compatible with the other uses in the Business District, which is characterized to be a retail and office district. While the proposed use was considered to be compatible with other uses within the Industrial /Commerce District, it was not demonstrated to be compatible and consistent in the proposed location of the Business District, which is intended for less intense, retail and office uses along Immokalee Road. Given the location of the subject site in the Urban Mixed Use District -Urban Residential Subdistrict per the Future Land Use Element, the retail and office character of development described in the CPUD for the Business District, the limitation provided for only one convenience store and gas filling station, and the provisions of LDC Section 5.05.05 to require separation between automobile service station uses (described in more detail under Item #4 below), the Tire Store with Minor Automotive Repairs is not compatible or consistent with the conditions, purpose and intent of the Business District. 3. Definition of "Compatibility " and the Limitation of only one such use Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 5 JOTIRM The applicant has asserted that Tire Store with Minor Automotive Repairs (SIC 553 1) and Gasoline Service Station (SIC 5541) are both permitted uses in the C -3, Intermediate Commercial, conventional zoning district, and argues therefore, that the two uses are compatible with each other. Florida Statutes, Section 163.3164, Community Planning Act; definitions, in sub - section (9), and Collier County's Land Development Code ( "LDC ") Section 1.08.02, define "compatibility" as: a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. By virtue of approving the Tire Store with Minor Automotive Repairs as a compatible use to the permitted Gasoline Filling Station, the County's determination violates the CPUD. This is because, as noted above, the CPUD has expressly stated that only one "Gasoline Filling Station" is allowed (Section 4.3.A.4) in the Business District. The Tire Store with Minor Automotive Repairs was asserted and approved by staff and affirmed by the BZA to be similar to the services that commonly occur at a full service gasoline service station. Under the definition of "compatibility," the Tire Store with Minor Automotive Repairs has been deemed capable of coexisting in relative proximity to an already existing, neighboring Gasoline Filling Station, and if constructed would violate the limiting condition that only one of such uses is allowed in the Business District. The determination of use must also consider that the LDC regulates automobile service stations in the interest of protecting the health, safety and general welfare of the public, to ensure they do not adversely impact surrounding uses, especially residential uses. The approval of a Tire Store with Minor Automotive Repairs on the finding that such use is comparable and compatible with an adjoining automobile service station contradicts the intent of those LDC regulations, which should have been considered as part of a more thorough review of the impacts of the proposed automotive repair activity on the surrounding residential uses. This point is discussed in detail immediately below. 4. Compatibility of the uses within C -3 vs. Incompatibility within C -2 conventional zoning districts Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 6 Ttm The staff's compatibility determination affirmed by the BZA was based in part on finding that both auto and home supply stores (5531) and gasoline service stations (5541) are allowed by right in the C -3, Intermediate Commercial conventional zoning district, which is argued as reason to allow them in the CPUD as well. This analysis and finding did not take into account that the C -3 district is not representative of the project location and CPUD's location. Nor did it take into account the specifically required development restrictions that are applied to these uses when developed within the C -3 district to ensure these uses do not adversely impact adjacent land uses, especially residential land uses such as those that exist in the neighborhood of the subject site. The C -3 zoning district is described in LDC Section 2.03.03.0 (provided as Attachment as preferably located at the intersection of two arterial -level streets, which is a locational standard met by most activity centers according to the description of the zoning district. Activity centers are set forth in the Future Land Use Element of the Growth Management Plan, and the subject site is not within an activity center. The subject site is within the Urban Mixed Use District -Urban Residential Subdistrict per the Future Land Use Element, and more appropriately suited for uses associated with the C- 2, Commercial Convenience, conventional zoning district, which does allow Gasoline Services Stations (SIC 5541, subject to further development standards of LDC Section 5.05.05) but does not allow auto and home supply stores (SIC 5531). See Attachment 7 for LDC Section 2.03.03.B, C -2 Zoning District, and Attachment 8 for LDC Section 5.05.05, Automobile Service Stations. Although auto and home supply stores are allowed within the more intense commercial C -3 zoning district, the district limits such uses to 5,000 square feet or less of gross floor area in the principal structure. This limitation was not contemplated in the determination of use for the proposed Tire Store with Minor Automotive Repair, or incorporated in the Zoning Verification Letter or BZA- approved determination for Creekside Commerce Park CPUD. Gasoline services stations, although permitted in the C -3 zoning district, are subject to LDC Section 5.05.05, which restricts location of automobile service station uses to a minimum separation of 500 feet (based on distance between nearest points). To the contrary of this LDC separation requirement, the Tire Store with Minor Automotive Repair use (determined to be compatible with and comparable to the already developed gasoline filling station use within the CPUD's Business District) was specifically allowed Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 7 on Parcel ID number 29331190725, which is immediately adjacent to the one existing convenience store with gasoline filling station, providing no separation. Therefore, the approval of use as comparable and compatible with the filling station contradicts the LDC provision intending to separate such uses, and it violates the regulation within the CPUD that limits the development of only one such use in the Business District. Had a thorough review of the appropriateness of the Tire Store with Minor Automotive Repairs use been conducted, the proposed use would have been deemed unlawful and inappropriate given the project's locational characteristics within the less intense Business District area that is most similar to the C -2, Commercial Convenience District, and it should have been deemed inappropriate to be located adjacent to a gasoline station when considering the LDC separation requirements for automobile service stations outlined in Section 5.05.05 of the Land Development Code, as well as the CPUD's restriction of only one such use in the Business District. 5. Public notice requirement deficiencies - by Patrick White, Porter Wright The "Legal Considerations" noted in the Executive Summary, Item 17 C., for the BOCC's June 26th meeting, states the preference of the County Attorney's Office for the determination to have been made through an application for an Official Interpretation as contemplated by the LDC. Similar prior actions of the BOCC have identified an Official Interpretation as the process for clarifying or adding uses to a PUD .2 An alternative process was sanctioned for this case as outlined in the Executive Summary. Here, the "administrative approval" was allowed to be made by means of a staff determination to verify zoning, i.e., a Zoning Verification Letter ( "ZVL" ), which was requested by the County Attorney's Office to be affirmed by the BOCC sitting as the Board of Zoning Appeals ( "BZA "). The apparent purpose of this action by the BZA was not so much to approve the staffs ZVL determination itself, as to approve the "procedural variance" arising from the applicant and the staff failing to utilize the Official Interpretation process. Not only is that process "preferred," it is set forth in the LDC as the means to determine if a particular use is compatible, consistent, and comparable to those already allowed in a PUD. This assures that the type of adequate analysis that was not made in this case by 2 See, Gulf Coast American Blinds' exactly similar prior request establishing that an Official Interpretation was the proper procedural means to request an additional use in a PUD. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 8 6 staff is actually performed through the issuance of a detailed written analysis and conclusion. By comparison, a ZVL is intended as a procedural mechanism for staff to "verify" that a specific use or set of uses is allowed in a particular zoning district, including a PUD, by reviewing the County's records of what has been approved. A detailed comparative analysis is not contemplated, as is evident from a comparison of the respective fees charged by the County for these administrative services.3 Perhaps even more important as a safeguard in this case is that proper procedural due process is also afforded to the neighboring property owners by the Official Interpretation's notification requirements. By simply publishing a general notice the neighboring property owners were not notified, which circumvented their constitutional opportunity to be put on notice of such a use being developed, and denied them the opportunity to be heard by their elected officials. Proper notice of changing uses on land is required to comply with Section 125.66, Florida Statutes. Specifically, Florida Statutes Section 125.66(4)(b) sets out the minimum notice requirements for cases in which the zoning ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more. For such cases, the BOCC must provide for published notice of two public hearings on the proposed ordinance or resolution. The public hearings must be advertised in a newspaper of general circulation in the county, and the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. In lieu of publishing these advertisements, the BOCC could have mailed an individual notice to each person owning real property within the area covered by the ordinance or resolution. That notice must clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed use change. The County's actions seem to be based upon the conclusion that there was no change to the actual list of permitted uses of the CPUD in the Business District because the Tire Store with Minor Automotive Repairs use was being found to meet the provisions of Section 4.3.A.14 of the CPUD, and as such wasn't a "new" use. And if that was the case, then perhaps the two public hearings and other statutory notice requirements would not 3 ZVL fee is approximately $100, Official Interpretation is a minimum of $1,500, plus advertising fees to provide published notice. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 9 i 6c- '14 apply. This conclusion flies in the face of logic and common sense, however, because by its very application the landowner applicant is seeking to add another previously unstated use to the list of approved uses. This is true regardless of the means by which staff or the County Attorney believed most appropriate to reach the conclusion about how to review and approve the request. Although it appears that the County sought to follow Florida Statutes Section 125.66(2), setting forth the statutory requirement for ordinances or resolutions, initiated by other than the county, that change the actual zoning map designation of a parcel or parcels of land, which only requires a newspaper advertisement at least ten days prior to the BOCC meeting, there has been no change to the zoning atlas map designation, i.e., CPUD, sought by anyone. In fact, the zoning designation, CPUD, remains unchanged. Thus, this was not the proper means of providing the required statutory notice, and thus, the neighboring property owners have been denied procedural due process. Because the process used, regardless of the violations described above, must consider the proposed use that resulted from the BZA's approval to be an additionally specified use, that "new" use changes the actual list of uses within the CPUD zoning category. As a result, the statutory process to be followed requires advertising for two public hearings complying with Florida Statutes Section 125.66(4)(b), as outlined above, which did not occur in this case. The failure to follow the state statutory notice requirements renders the BZA's actions on June 26, 2012, null and void ab initio. Nuemont v. Florida, 451 F.3d 1284. Determination of Use Assessment: Tire Store with Minor Automotive Repairs within Creekside Commerce Park CPUD Business District Johnson Engineering, Inc. 1/4/13 Page 10 .cam 4''......'.. Links Home Property Search Address Growth Management Division - Planning and Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone. (239) 252 -2400 GMD Public Porta Sin in / Register Portal Home Property Search Planning Project Application Status — Summary Planning Project Application Number: PL20120000946 Project Name: Firestone Repair Center Application Types: Pre - Application Meeting (Status: Complete) Application Status: Open Property Owner's Full Name: CREEKSIDE WEST INC Description of Work: Pre -App: Site Development Plan Project Description: Proposed Firestone Repair Center in Crekside Commerce Park - possible zoning action required as well (2006 PUD doesn't appear to support this use) Location: Parcel Number: 29331190725 1171 CREEKSIDE PKWY Naples FL Full Name: Jay Matey, P.E. Email: Jay @avaloneng.com Locations: 29331190725 1171 Creekside PKWY Project Status Date: 04/18/2012 — Fees All Fees: $500.00 - Pre - application Meeting $75.00 - Fire Code Review - PREP Outstanding Fee Balance: $0.00 — Reviews — Submittals — Documents — Name PL Payment Slip ore -app notes — Meeting Requests CityView Portal powered by MS Govern There are no reviews for this planning project application. There are no submittals for this planning project application. �I GradyMinor Civil Engineers * Land Surveyors • Planners • Landscape Architects May 9, 2012 Mr. Nick Casalanguida, Administrator Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Fl 34104 Re: Creekside Commerce Park Administrative Determination on Permitted Uses Dear Mr. Casalanguida: Several months ago you met with Rich Yovanovich and me to discuss the potential of a tire store with minor automotive repairs locating in the Business District area of the Creekside Commerce Park PUD. As you are aware, the Creekside Commerce Park PUD permits a wide variety of light industrial, office, professional services, and retail businesses uses. Creekside Commerce Park is a master planned business park, which was developed to provide for light industrial and business uses within a planned business park setting. Permitted uses within the PUD are referenced by a Standard Industrial Classification (SIC); however, the specific SIC for a tire store with minor automotive repairs is not listed as a permitted use in the Creekside Commerce Park PUD. Section 4.3.A.14 of the PUD authorizes the Growth Management Administrator to permit uses not specifically listed as a permitted use in the PUD if the use is comparable with other uses permitted in the PUD, is consistent with the intent of the PUD, and it is deemed to be a compatible land use within the PUD. We believe that the proposed use is comparable, compatible and consistent with the Creekside Commerce Park PUD and can be administratively approved by you. A tire store with minor, automotive repairs is identified as SIC 5531 under the general use category of auto and home supply stores. This use group permits automotive tire dealers, vehicle accessory and parts dealers and auto air conditioning sales and installation. The proposed tire store would sell and install automotive vehicle tires and perform other minor automotive repair services. The use is comparable to other permitted uses in the PUD. For example, the PUD permits convenience store and gasoline service station uses, which are identified as SIC 5411 and 5541 respectively and permit fuels sales and auto repair. SIC 5541 provides: Gasoline service stations primarily engaged in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tire, batteries and other automobile parts, or perform minor repair work. Q. Grady Minor & Associates, P.A. Ph. 239 - 947 -1144 • Fx: 239 - 947 -0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Mr. Nick Casalanguida, Administrator Re. Creekside Commerce Park Administrative Determination on Permitted Uses May 9, 2012 Page 2 The proposed tire store with minor automobile repairs use is comparable to the gasoline service station use permitted in that tire stores provide for tire installation and other minor automotive repair, similar to the services that commonly occur at a full service gasoline service station. A tire store with minor automobile repairs is distinguished from other more intensive auto repair SIC designations such as tire retreading and repair, which are identified under SIC group 7534. Group 7534 specifically would permit recapping, retreading and vulcanizing tires. Use group 5531, Auto and Home Supply and Gasoline Service Stations (5541) are permitted uses in the C -3, Intermediate Commercial zoning district. Uses such as tire retreading are permitted in the C -5, Heavy Commercial zoning district. The proposed tire store use with minor automobile repairs is also compatible with other uses permitted in the Creekside PUD. The tire store use is less intense that many of the manufacturing and light industrial land uses permitted within the PUD, and the tire store use has been previously determined to be compatible with other C -3 zoning district uses by their inclusion in this conventional zoning district. The proposed use will be subject to the Countys architectural and site design guidelines, and landscape buffer standards, which will further insure compatibility of the proposed use with the other uses found in the PUD. It is my opinion that the proposed use meets the criteria established in Section 4.3.A.14 of the PUD and the use can be administratively authorized by you. I have attached a copy of the Creekside Commerce Park PUD and applicable SIC descriptions for your reference. If you require any additional information or wish to meet to discuss, please contact either Rich Yovanovich at 435 -3535 or me. Sincerely, • D. Wayne Arnold, AICP Director of Planning Attachments cc: David K. Borden Richard D. Yovanovich �j Standard Industrial Classification (SIC) 5531 Auto and Home Supply Stores Establishments primarily engaged in the retail sale of new automobile tires, batteries, and other automobile parts and accessories. Such establishments frequently sell a substantial amount of home appliances, radios, and television sets. Establishments dealing primarily in used parts are classified in Wholesale Trade, Industry 5015. Establishments primarily engaged in both selling and installing such automotive parts as transmissions, mufflers, brake linings, and glass are classified in Services, Industry Group 753. • Automobile accessory dealers - retail • Automobile air - conditioning equipment sale and installation - retail • Automobile parts dealers- retail • Battery dealers, automobile - retail • Speed shops - retail • Tire dealers, automotive - retail • Tire, battery, and accessory dealers - retail 5411 Grocery Stores Stores, commonly known as supermarkets, food stores, and grocery stores, primarily engaged in the retail sale of all sorts of canned foods and dry goods, such as tea, coffee, spices, sugar, and flour; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. • Convenience food stores - retail • Food markets - retail • Frozen food and freezer plans, except meat - retail • Grocery stores, with or without fresh meat - retail • Supermarkets, grocery- retail 5541 Gasoline Service Stations Gasoline service stations primarily engaged in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tires, batteries, and other automobile parts, or perform minor repair work. Gasoline stations combined with other activities, such as grocery stores, convenience stores, or carwashes, are classified according to the primary activity. • Automobile service stations - retail • Filling stations, gasoline -retail • Gasoline and oil- retail • Marine service stations - retail • Service stations, gasoline - retail • Truck stops - retail 7534 Tire Retreading and Repair Shops Establishments primarily engaged in repairing and retreading automotive tires. Establishments classified here may either retread customers' tires or retread tires for sale or exchange to the user or the trade. • Rebuilding and retreading tires for the trade • Retreading tires • Tire recapping • Tire repair shops • Tire studding and restudding • Vulcanizing tires and tubes OORDINANCE OF THE BOARD OF COUNTY 61m MMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 97 -51 AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside :West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the he4ein ~'§7 described real property, known as petition PUDA- 2005 -A -R -8832; - ='S NOW, THEREFORE, BE IT ORDAINED BY the BOARD Oh - COUNTY '.,' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly- SEC 'ION TWO: Ordinance Number 97 -51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 0641, adopted on September 12, 2006, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. f. 6C, This Ordinance shall become effective upon approval of PUDZ - 2005 -AR -8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this . day of Cc i "' 2006. ATTEST: DWIGHT E. BROCK, CLERK y - 1 LA J C. J1tV**V *x Ch'A.�- J2;Pu1y Clerk Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Marlorie M. Student- Stirling (� Assistant County Attorney PUDA- 2005- AR- 8832/MJD /sp This ordinance filed with the Secretary of States s.Office th 6C .t CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106± Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples, FL 34105 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34101 AMENDED DECEMBER 2005 BY: Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 Via Del Rey Bonita Spring, Florida 34134 ROETZEL AND ANDRESS, L.P.A. 850 Park Shore Drive, 3`d Floor Naples, Florida 34103 Amended PUD (clean).DOC TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & I -1 GENERAL DESCRIPTION SECTION I1 COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right- Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers, Berms, Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3 -1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5 -1 EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WMB &P File No. RZ -255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB &P File No. RZ -255B) Amended PUD (c{ean).DOC 6C; STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Banton Collier Partnership, hereinafter referred to as Banton Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: I . The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban- Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban- Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed - restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD (ciean).DOC it SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE ". Amended PUD (clean).DOC iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; COMMENCING at the northwest comer of said Section 27; thence along the north line of said Section 27 South 89 °45'21" East 1869.61 feet; thence leaving said line South 00 114'39" West 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; 1) South 89 °45'21" East 485.99 feet; 2) South 00 °14'39" West 10.00 feet; 3) South 89 °45'21" East 150.19 feet; 4) South 89 °48'33" East 716.81 feet; 5) North 05 °34'33" West 10.05 feet; 6) South 89 °48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3, page 58, Public Records of Collier County, Florida; thence along said line South 05 033'48" East 1767.02 feet; thence leaving said line South 89 °20'53" West 51.18 feet; thence North 23 °55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast, having a radius of 80.00 feet, through a central angle of 21 °59'52" and being subtended by a chord which bears North 12 055'57" West 30.53 feet; thence North 05 100'53" West 31.56 feet; thence North 36 °19'20" West 32.02 feet; thence North 56 °04'35" West 35.11 feet; thence North 80'39'15" West 32.53 feet; thence North 88 °39' 12" West 97.78 feet; thence North 86 °04'40" West 45.79 feet; thence North 89 °49'48" West 132.77 feet; thence North 69 °40' 10" West 37.23 feet; thence South 89 °20'53" West 142.47 feet; thence South 84 °59'26" West 24.66 feet; thence South 74 °56'50" West 121.32 feet; thence South 79 °49'59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39 °30' 16" and being subtended by a chord which bears North 80 °24'53" West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20 °12'57' and being subtended by a chord which bears North 70 °46' 13" West 52.65 feet; thence North 80 152'42" West 36.59 feet; Amended PUD (clean).DOC 1 -1 8/22.12006 IM thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33"04'14" and being subtended by a chord which bears South 82 °35'11 " West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle of 36'26'19" and being subtended by a chord which bears South 84'16'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet, through a central angle of 12 °55'59" and being subtended by a chord which bears North 83 °58'36" West 68.70 feet; thence South 89 °33'25" West 18.36 feet; thence South 89'39'19" West 71.63 feet; thence North 89 °34'56" West 36.03 feet; thence South 86 °06'41" West 42.94 feet; thence South 83'44'16" West 26.23 feet; thence South 51 °01' 13" West 27.49 feet; thence South 33 °25'50" West 19.95 feet; thence South 15 °40'05" West 20.54 feet; thence South 10 °54'39" West 34.64 feet; thence South 89'20'14" West 101.06 feet; thence North 10 °46'06" East 101.42 feet; thence North 89 °20'53" East 65.45 feet; thence North 00 °39'07" West 100.64 feet; thence South 89 °20'53" West 503.78 feet; thence North 00 °39'07" West 27.71 feet; thence North 72 °58'55" West 131.30 feet; thence North 02 108'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89 049140" East. All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the east line of said Section 27, South 01'09'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01 °09'43" East 1189.62 feet; thence leaving said line South 89 °48'50" West 677.35 feet; thence South 05 °35'39" East 886.02 feet; thence South 89 °48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05 °35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89 °49'40" East 1168.55 feet; thence continue along said line South 89'12'58" East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89 °4626" East. Amended PUD (clean).DOC 1 -2 8122/2006 6C LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT "R" ( CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST -UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 °45'00" EAST, ALONG THE SOUTH RIGHT -OF -WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00 025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60 °02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82 °32' 14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN SOUTH 00 007'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY OF SAID TRACT "R "; THENCE RUN NORTH 89 058'01" WEST, ALONG SAID NORTH RIGHT -OF -WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT -OF -WAY OF SAID TRACT "R "; THENCE RUN NORTH 02 019'57" WEST, ALONG SAID WEST RIGHT -OF -WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1A GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet -NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AB-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. Amended PUD (clean).DOC 1 -3 8/22/2006 D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, R.iveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette -Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette -Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub - basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD (clean).DOC 1-4 8122/2006 SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project -wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB &P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD (clean).DOC 2 -1 8122/2006 4 � I E /J E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes. 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infiastructum under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD (clean).DOC 2 -2 8/22/2006 .6C to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off -site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off -site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right -of -way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette -Frank Road rights -of -way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet (35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to l (i.e. 3 to 1). Amended PUD (clean).DOC 2 -3 8/22/2006 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS -OF -WAY Utilization of lands within all park rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. l OD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: Amended PUD (clean).DOC 2-4 8/22/2006 1) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights -of -ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD (clean).DOC 2 -5 8/22/2006 ► 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 4 -E40, this project shall be designed for a storm event of 3-day duration and 25 -year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette -Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective /associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette -Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92 -22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. Amended PUD (clean).DOC 2-6 8/22/2006 G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette -Frank Road to the I/C parcel (herein called "southern parcel ") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel "; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette -Frank Road southernmost access to the I/C parcel east of Goodlette -Frank Road shall be limited to a right - in/right -out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD (clean).DOC 2-7 8/22/2006 t B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community -wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value - apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD (clean).DOC 2 -8 8/22/2006 IL Littr classical principles of design and avoid cliches, overly complex or garish motifs, while seeking to invoke a "timeless" quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics / signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20' -0 ", measured from the R.O.W. Amended PUD (clean).DOC 2 -9 8/22/2006 6 C: , t--4� 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13' -14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette -Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: 1) Minimum width of 20' -0 ", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial /Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette -Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast comer of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. Amended PUD (clean).DOC 2 -10 8122/2006 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette -Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8' -14' O.A. and 4 Ficus nitida 12' -13' O.A. and 6' -8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90 %) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90 %) opacity within one (1) year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90 %) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. 10) The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. Amended PUD (clean).DOC 2-11 $/22/2006 F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right -of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right -of -way, shall require a right -of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding Amended PUD (clean).DOC 2 -12 8/222006 I� 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer /occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single - occupancy facility, or for each establishment in a multiple- occupancy facility. Corner units within multiple - occupancy facilities, or multi- frontage single - occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (l) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two -sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right -of -way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right -of -way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right -of -way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD (ckan).DOC 2-13 8/22x006 f� f. Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERAOTTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Amended PUD (clean).DOC 2 -14 8/22/2006 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Amended PUD (clean).DOC 2 -15 8/22/2006 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C ". 3.2 GENERAL DESCRIPTION Areas designated as "UC" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. The floor area ratio (FAR) for the designated industrial land uses shall not exceed .35. 33 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. Aircraft Parts and Auxiliary Equipment (Group 3728) 2. Apparel and Other Finished Products (Groups 2311 -2399) Building Contractors (Groups 1521 - 1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 4. Business Services (Groups 7311 -7313, 7319, 7322, 7323, 7331 -7338, 7352, 7359 -7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with Amended PUD (clean).DOC 3 -1 8/22/2006 transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812 -4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571 -3579) 8. Construction; Special Trade Contractors (Groups 1711 -1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non - Depository Institutions (Groups 6011 -6163) 10. Drugs and Medicines (Groups 2833 -2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249 -8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641 -3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransfonmers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711 -8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Amended PUD (clean).DOC 3-2 8/22/2006 14. Fabricated Metal Products (Groups 3411 -3432, 3442, 3444, 3446, 3452, 3469, 3492, 3495, 3496, production of metal is prohibited) 15. Furniture and Fixtures Manufacturing (Groups 2511 -2599) 16. Government Offices/Buildings (Groups 9111 -9199, 9221, 9222, 9224 -9229, 9311, 9451, 9511 -9532, 9611, 9631 -9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553 -3556, 3559, 3562, 3564 -3566, 3581 -3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill Iines; metal pickling equipment, except rolling mill lines) 18. Leather and Leather Products (Groups 3131 -3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812 -3843, 3845 -3873) 20. Membership Organizations (Groups 8611-863 1) 21. Miscellaneous Manufacturing Industries (Groups 3911 -3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production (Groups 7812 -7819) 23. Motor Freight Transportation (Groups 4214, 4215) 24. Packing and Crating (Group 4783) 25. Paper and Allied Products (Groups 2652 -2657, 2673 -2679) 26. Personal Services (Groups 7213, 7216, 7219, 7221) 27. Physical Fitness Facilities (Group 7991) 28. Plastic Materials and Synthetics (Groups 2833,2834) 29. Printing, Publishing and Allied Industries (Groups 2711 -2791) Amended PUD (dean).DOC 3 -3 8/22/2006 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 33. United States Postal Service (Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self - storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade - Durable Goods (Groups 5021 -5031, 5043 -5049, 5063- 5074, 5078, 5091, 5092, 5094 -5099 except for fencing, wood - wholesale; lumber: rough, dressed, and finished - wholesale; batteries, except automotive - wholesale; storage batteries, industrial- wholesale; unit substations- wholesale; boilers, power: industrial- wholesale; boilers, steam and hot water heating - wholesale; burners, fuel oil and distillate oil - wholesale; oil burners - wholesale) 36. Wholesale Trade - Nondurable Goods (Groups 5111 -5143, 5145, 5147 -5149, 5192, 5199 except for cats - wholesale; charcoal - wholesale; dogs - wholesale; fish, tropical - wholesale; furs, dressed - wholesale; greases, animal and vegetable - wholesale; ice, manufactured or natural - wholesale, leather and cut stock- wholesale; linseed oil - wholesale; oils, except cooking: animal and vegetable - wholesale; oilseed cake and meal - wholesale; rubber, crude - wholesale; sawdust - wholesale; vegetable cake and meal - wholesale; wigs - wholesale; worms - wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. Amended PUD (clean).DOC 3-4 8/22/2006 t1 1. Health Services, medical clinics and offices (Groups 8011 -8049) 2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092, 8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: i . Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40 %) of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette -Frank Road: Fifty feet (50') 2. Front Yard, Internal: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5) to internal property line along Pine Ridge canal drainage easement and FP &L easement 4. Waterfront: Zero feet (0') to bulkhead or rip -rap at top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty -five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Amended run (clean).00c 3 -5 8/22/2006 ' 6C E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette -Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette -Frank Road shall meet the requirements of Section 2.19.13.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette -Frank Road, provided the portion of the building facing Goodiette -Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5. l., Purpose and Intent 2. Section 2.8.3.5.4., Facade Standard 3. Section 2.8.3.5.6., Project Standards 4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD (clean).DOC 3 -6 8/22/2006 6C boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17 -2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. Amended PUD (clean).DOC 3 -7 8/22/2006 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE 6C The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as 'B ". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1± net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed .35. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Building Contractors (Groups 1521- 1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. 2. Business Services (Groups 7311 -7313, 7319, 7322, 7323, 7331 -7338, 7352, 7359 -7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services (Group 8351) Amended PUD (clean).DOC 4-1 8/22/2006 'r 4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) only one (1) allowed. 5. Communications (Groups 4812- 4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service. 6. Depository and Non - Depository Institutions (Groups 6011 -6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833 -2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) 8. Eating Places (Group 5812) not including fast food and drive -thru restaurants 9. Educational Services (Groups 8249 -8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711 -8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111 -9199, 9221, 9222, 9224 -9229, 9311, 9451, 9511 -9532, 9611, 9631 -9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512 -6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712- 6799); Attorneys (Group 8111) 13. Physical Fitness Facilities (Group 799 1) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD (clean).DOC 4 -2 8/22/2006 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services, Medical Clinics and Offices (Groups 8011 -8049) 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40 %) of the gross floor area of the permitted principal use. 4A DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette -Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30') 3. Side Yard: Ten feet (10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP &L easement 4. Waterfront: Zero feet (0) to bulkhead or rip -rap at 'top of bank, otherwise twenty feet (20') 5. Rear Yard: Twenty -five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Amended PUD (ciean).DOC 4-3 8/2212006 ai W "� a) Fifty feet (50') for buildings up to thirty five feet, (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. Amended PUD (clean).DOC 44 8/22/2006 SECTION V PRESERVE AREA 5.1 PURPOSE u The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 53 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non - exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers, and Collier County. Amended PUD (clean).DOC 5 -1 8/22/2006 6 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Amended PUD (clean).DOC 5 -2 8/2212006 fill • Jill t 0 A if ;z it I ZIX 14 il I C= 0 xr c L7113 LC IS r= 0,o C::13 Or--I 0 A if ;z it I ZIX 14 il I C= 0 xr c L7113 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006 -50 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners. n � By Teresa Dillard, Deputy Clerk ,' DI C ATTACHMENT 3 STANDARD INDUSTRIAL CLASSIFICATION (SIC) 5531 AUTO AND HOME SUPPLY STORES DESCRIPTION ii f6 lmmirwaKAN DR1SS A LEGAL PROFESSIONAL ASSOCIATION September 15, 2006 VIA HAND DELIVERY AND E-MAIL Mr. James V. Mudd, County Manager Collier County Government 3301 East Tamiami Trail Naples, FL 34112 6C 850 PARK SHORE DRIVE TRIANON CENTRE - THOZD FLOOR NAPLES, FL 34103 239.649.2708 DiRECt 239.649.6200 MAN 239.261.3659 FAX bandcnom@saWw.c= Re: Request to Reconsider — Naples Daily News PUD (PUDZ- 2005 -AR -8833) and Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above- referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re- hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, R. Bruce Anderson For the Firm E:�� w CLEVaANa TOLIDO AKRON COLUMBUS CSC INNni1 WAWNGMN, D.C. TALLAHASSEE FORT MYERS NAPLES SO&=.11 1678.0005 www.ralaw.com Mr. James Mudd, et. al. September 15, 2006 Page 2 cc: ALL VIA E -MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr. Paul Marinelli Mr. John Fish Mr. Wayne Arnold Mr. Joseph Schmitt Mr. Mike DeRuntz David C. Weigel, Esq. Marjorie Student - Stirling, Esq. 508302.11 ISi8.OMS "`,_6C ��, Ij,i(�I�.;, A to Z Index I En espanol I Contact Us I FAQs I About OSHA OSHA MRMUE �Newsletter MRSS Feeds ® Print This Page a pText Size * Was this page helpful? Ocapational Safety & Health Administration We Can Help What's New I Offices Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business Oa[1t1 Division G: Retail Trade Maior Group 55: Automotive Dealers And Gasoline Service Stations Industry Group 553: Auto And Home Supply Stores 5531 Auto and Home Supply Stores Establishments primarily engaged in the retail sale of new automobile tires, batteries, and other automobile parts and accessories. Such establishments frequently sell a substantial amount of home appliances, radios, and television sets. Establishments dealing primarily in used parts are classified in Wholesale Trade, Industry 5015. Establishments primarily engaged in both selling and installing such automotive parts as transmissions, mufflers, brake linings, and glass are classified in Services, Industry Group 753. • Automobile accessory dealers- retail • Automobile air - conditioning equipment sale and installation - retail • Automobile parts dealers - retail • Battery dealers, automobile - retail • Speed shops - retail • Tire dealers, automotive - retail • Tire, battery, and accessory dealers - retail [ SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ] Freedom of Information Act I Privacy & Security Statement I Disclaimers I Customer Survey I Important Web Site Notices I International I Contact Us U.S. Department of labor I Occupational Safety & Heath Administration 1 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800 - 321 -OSHA (6742) 1 Try: 877 -889 -5627 www.OSHA.gov ATTACHMENT 4 STAFF'S EXECUTIVE SUMMARY RESOLUTION 12 -120 EXECUTIVE SUMMARY Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida determining that a tire store with minor automotive repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park CPUD, as authorized in Section 4.3.A.14 of Ordinance 06 -50. The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) affirm a determination by the Growth Management Division (GMD) Administrator and zoning staff that retail tire sales with minor automotive repair is a comparable and compatible use in the Creekside Commerce Park Commercial Planned Unit Development (CPUD). Section 4.3.A.14 of the CPUD permits the Administrator to determine that other uses are "comparable in nature" to the uses specifically permitted in the CPUD. CONSIDERATIONS: The Creekside Commerce Park CPUD permits a variety of light industrial, office, professional services, and retail business uses. The CPUD includes an Industrial /Commercial District and a Business District. Permitted uses within the CPUD are referenced by a Standard Industrial Classification (SIC) code. Section 4.3.A.14 of the CPUD authorizes the former Community Development and Environmental Services (CDES) Administrator, now the GMD Administrator, to permit uses not specifically listed as a permitted use in the CPUD, if: • the use is comparable with other uses permitted in the CPUD, • the use is consistent with the intent of the CPUD, and • the use is deemed to be a compatible land use within the CPUD. A tire store with minor automotive repairs has been proposed as a use within the Business District of the Creekside CPUD. A tire store is identified as SIC 5531 under the general use category of auto and home supply stores. This use group permits automotive tire dealers, vehicle accessory and parts dealers and auto air conditioning sales and installation. The proposed tire store would sell and install automotive vehicle tires and perform other minor repair services for passenger vehicles. The 5531 Auto and Home Supply use is not specifically listed as a permitted use in the Creekside CPUD. The GMD Administrator, with staff research, has evaluated the proposed use and has determined that it is a comparable and compatible land use; therefore, it can be deemed to be a permitted use within the Creekside CPUD. In making this determination, staff notes that the CPUD permits convenience store and gasoline filling station uses, limited to one only, which are identified as SIC 5411 and 5541 respectively. Creekside Commerce Park CPUD 6 -26 -12 SIC 5541 states that gasoline service stations primarily engage in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tires, batteries and other automobile parts, or perform minor repair work (emphasis added). During the research for this request, the situation was raised that the CPUD does not describe the permitted use as "Gasoline Service Stations (Group 5541)" — which would be interpreted to permit all the sub -uses, including minor automotive repair. Instead, the use is described as "Gasoline Filling Stations (Group 5541)" — which would typically be only a gas station with no repair. However, this wording highlighted some inconsistent wording in the listed permitted uses: seven of the thirteen listed uses state the use (with SIC code) and then state "except for" or "not including" certain specific uses. Staff analysis determined that the "Gasoline Filling Station" wording was vague as to whether it included the other Group 5541 uses or was limited to a gas station only. Because of this vagary, the Administrator recommended conditions to the determination: • There shall be no direct access to Immokalee Road. • Bay doors /overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. The proposed use is comparable to the gasoline service station use since tire stores provide for tire installation and other minor automotive repair, similar to the services that commonly occur at a full service gasoline service station. A tire store with minor automotive repair is distinguished from other more intensive auto repair SIC designations, such as tire retreading and repair, which are identified under SIC group 7534. Group 7534 specifically would permit recapping, retreading and vulcanizing tires. Use group 5531 (Auto and Home Supply) and 5541 (Gasoline Service Stations) are permitted uses in the C -3, Intermediate Commercial zoning district. Uses such as tire retreading are permitted only in the C -5, Heavy Commercial zoning district. The Administrator has also determined that the proposed use of retail tire sales with minor automotive repair is compatible with other uses permitted in the Creekside CPUD. The tire store use is less intense that many of the manufacturing and light industrial land uses permitted within the CPUD, and the tire store use has been previously determined to be compatible with other C- 3 zoning district uses by their inclusion in this conventional zoning district. The proposed use will be subject to the County's architectural and site design guidelines, and landscape buffer standards, which will further insure compatibility of the proposed use with the other uses found in the CPUD. After research and review with the zoning staff, the GMD Administrator concluded that retail tire sales with minor automotive repair, is a use comparable in nature to the listed permitted uses, and therefore, can be deemed a permitted use in the CPUD. It is the opinion of the GMD Administrator and Office of the County Attorney that the determination must be affirmed by the Board of Zoning Appeals before becoming official. White Lake Industrial Corporate Park PUD 2 6 -12 -12 r4fkc *�o i FISCAL IMPACT: The proposed land use for retail tire sales with minor automotive repair by and of itself will have no fiscal impact on Collier County. There is also no guarantee that a tire store will be established in the Creekside Commerce Park CPUD. In addition, if the use is approved, it will be located in an existing approved development; therefore, the existing land will not result in major impact to Collier County public facilities. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this determination. LEGAL CONSIDERATIONS: The preferred process for clarifying or adding uses to a PUD is through an Official Interpretation in accordance with Sections 2.03.00.A. and 1.06.01 of the LDC. However, if an alternate process is approved by the Board, the uses may be clarified through a zoning verification letter affirmed by the BZA as long as the owners are provided proper notice in accordance with Section 125. 66, FS. An affirmative vote of four is needed for Board approval. - HFAC RECOMMENDATION• That the BZA adopt the attached Resolution approving the use of retail tire store with minor automotive repair in the Creekside Commerce Park CPUD subject to the conditions in the resolution and authorize the Chairman to sign the Resolution. PREPARED BY: Fred Reischl, AICP, Senior Planner Land Development Services Department Attachments: 1) Applicant's request and response 2) Ordinance 06 -50; Creekside Commerce Park CPUD 3) Resolution 4) Advertisement White Lake Industrial Corporate Park PUD 3 6 -12 -12 As AOL Growth Management Division Planning & Regulation Land Development Services June 18, 2012 D. Wayne Arnold, AICP Q. Grady Minor & Assocites, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Dear Mr. Arnold: Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to determine if a use is consistent with the other uses in the CPUD. You requested verification of the use of a tire store with minor automotive repair on the subject site. Your letter cites research and concludes that a tire store with minor automotive repair is comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a compatible land use within the CPUD. Based on the research and analysis presented, it is the opinion of the Growth Management Division Administrator (successor -in- authority to the Community Development and Environmental Services Administrator) that the following land use is a permitted use in the Creekside Commerce Park CPUD: Tire Store with Minor Automotive Repair, with the following conditions: • There shall be no direct access to Immokalee Road. • Bay doors /overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this letter is based on the Collier County Land Development Code and /or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency 11L 4W In Department of Land Development Services • 2800 North Horseshoe Drive • Naples, FL 34104.239- 252 -2400 • www.colliergov.net related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -6064 or nickcasalanguida @colliergov.net. Sincerely, Raymond V. Bellows, Planning Manager Gr h Management Division Growth Management Division cc: Mike Bosi, AICP, Zoning Director Fred Reischl, AICP, Senior Planner Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking RESOLUTION NO. 12- 120 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT A TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS IS A COMPARABLE AND COMPATIBLE USE WITHIN THE BUSINESS DISTRICT DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK CPUD, AS AUTHORIZED IN SECTION 4.3.A.14 OF ORDINANCE 06-50. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development (PUD); and WHEREAS, on October 24, 2006, by Ordinance 06-50, the Board of County Commissioners of Collier County approved a Commercial Planned Unit Development (CPUD) known as the Creekside Commerce Park CPUD for the subject property; and WHEREAS, Section 4.3.A of the Creekside Commerce Park CPUD provides for certain permitted uses, including Subsection 4.3.A.14, "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District"; and WHEREAS, the Petitioner, D. Wayne Arnold, AICP, on behalf of the property owner, Creekside West, Inc., requested a determination as to the property described in Exhibit "A" that a tire store with minor automotive repair is a comparable and compatible use to the permitted uses of the business district area of the CPUD; and WHEREAS, the PUD permits "convenience store and gasoline filling station" uses; and WHEREAS, the Growth Management Division Administrator (successor to the Community Development and Environmental Services Administrator) determined that "retail tire sales with minor automotive repair" is a permitted use in the CPUD by Zoning Verification letter dated June 18, 2012, attached as Exhibit "B "; and WHEREAS, staff requests an affirmation of the Administrator's determination by the Board of Zoning Appeals that a tine store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD; and Creekside Commerce Park CPUD Rev. 6/19/12 1 of 2 WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Creekside West, Inc., as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that as to the property descnbad in Exinbit "A ": The Zoning Verification letter dated June 18, 2012 is affirmed, and a tine store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD, subject to the following conditions: (a) The property described in Exhibit "A" shall not have a driveway connection to Immokalee Road; and (b) Any bay doors or overhead doors on buildings or structures located on the property described in Exhibit "A" shall not face Immokalee Road. :I- , BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote, this day of 2012. ATTEST: , DWIGHT`:. BROCK *CL'ERK Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Legal Description Exhibit B — Zoning Verification Letter 12- CPS - 01174/6 Creekside Commerce Park CPUD Rev. 6/19/12 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: _ W. -(4 FRED W. COYLE, Chairman ok �f EXHIBIT A LEGAL DESCRIPTION LOT 3, UNIT ONE OF THE CREEKSIDE COMMERCE PARK WEST - UNIT ONE SUBDIVISION PLAT RECORDED IN PLAT BOOK 29, PAGES 57 -58 OF THE PUBLIC RECORDS OF COLLIER COUNTY LESS AND EXCEPT THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGE 1812, ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY AND THE EAST 32.84 FEET OF LOT 3 12- CPS - 01174/7 co �,- coHHty Gmwth Management Division Planning & Regulation Land Development Services June 18, 2012 D. Wayne Arnold, AICP Q. Grady Minor & Assocites, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Dear Mr. Arnold: Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to determine if a use is consistent with the other uses in the CPUD. You requested verification of the use of a tire store with minor automotive repair on the subject site. Your letter cites research and concludes that a tire store with minor automotive repair is comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a compatible land use within the CPUD. Based on the research and analysis presented, it is the opinion of the Growth Management Division Administrator (successor4n- authority to the Community Development and Environmental Services Administrator) that the following land use is a permitted use in the Creekside Commerce Park CPUD: Tire Store with Minor Automotive Repair, with the following conditions: • There shall be no direct access to Immokalee Road. • Bay doors/overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency � y Department of Land Development Services • 2800 North Horseshoe Drive . Naples, FL 34104 a 239 - 252 -2400 • www.colliergov.net E=6ii* B POP-L- 9f-'2- 1� related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -6064 or nickcasalanguida (lcolliergov.net. Sincerely, Raymond V. Bellows, Planning Manager G Management Division j. i?.. ick Casalanguida, Administ for Growth Management Division cc: Mike Bosi, AICP, Zoning Director Fred Reischl, AICP, Senior Planner Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Exhu* B Page .A2— of,.a- ATTACHMENT 5 STANDARD INDUSTRIAL CLASSIFICATION (SIC) 5541 GASOLINE SERVICE STATION DESCRIPTION A to Z Index I En espanol I Contact Us I FAQs I About OSHA OSHA Newsletter QRSS Feeds ® Print This Page o ©Text Size + Was this page helpful? Occupational Safety & Health Administration We Can Help What's New I Offices Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business 0%1A Division G: Retail Trade Maior Group 55: Automotive Dealers And Gasoline Service Stations Industry Group 554: Gasoline Service Stations 5541 Gasoline Service Stations Gasoline service stations primarily engaged in selling gasoline and lubricating oils. These establishments frequently sell other merchandise, such as tires, batteries, and other automobile parts, or perform minor repair work. Gasoline stations combined with other activities, such as grocery stores, convenience stores, or carwashes, are classified according to the primary activity. ■ Automobile service stations - retail ■ Filling stations, gasoline- retail ■ Gasoline and oil- retail ■ Marine service stations-retail • Service stations, gasoline - retail • Truck stops - retail [ SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ] Freedom of Information Act I Privacy & Security Statement I Disclaimers I Customer Survey I Important Web Site Notices I International I Contact Us U.S. Department of labor I Occupational Safety & Health Administration 1 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800- 321-OSHA (6742) 1 TTY: 877 -889 -5627 www.OSHA.gov ATTACHMENT 6 LDC SECTION 2.03.03.0 C -3 ZONING DISTRICT 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 -1 and C -2 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 permitted 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 (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C -3). Permitted uses. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 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 (8712). 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." 11 In Banks, credit unions and trusts (6011- 6099). 12. Barber shops (7241, except for barber schools). 13. Beauty shops (7231, except for beauty schools). 14. Bookkeeping services (8721). 15. Business associations (8611). 16. Business consulting services (8748). 17. Business credit institutions (6153- 6159). 18. 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, tobacco sheeting, window trimming, and yacht brokers). 19. Child day care services (8351). 20. Churches. 21. Civic, social and fraternal associations (8641). 22. Commercial art and graphic design (7336). 23. Commercial photography (7335). 24. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 25. Computer programming, data processing and other services (7371- 7379). 26. Credit reporting services (7323). 27. Direct mail advertising services (7331). 28. Drycleaning plants (7216, nonindustrial drycleaning only). 29. Drug stores (5912). 30. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to locational requirements of section 5.05.01 31. Educational plants. 32. Engineering services (8711). 33. Essential services, subject to section 2.01.03 34. Federal and federally- sponsored credit agencies (6111). 35. Food stores (groups 5411 -5499) with 5,000 square feet or less of gross floor area in the principal structure. 36. Funeral services (7261, except crematories). 37. Garment pressing, and agents for laundries and drycleaners (7212). 38. Gasoline service stations (5541, subject to section 5.05.05). 39. General merchandise stores (5331 -5399) with 5,000 square feet or less of gross floor area in the principal structure. 40. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 41. Group care facilities (category I and 11, except for homeless 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. § 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 (8011- 8049). 44 Home furniture and furnishings stores (5712 -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 (6311 -6399, 6411). 48. Labor unions (8631). 49. Landscape architects, consulting and planning (0781). 50. Laundries and drycleaning, coin operated — self service (7215). 51. Laundries, family and commercial (7211). 52. Legal services (8111). 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 (6162). 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. r6llc 62. Personal 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 services (7334). 66. Photofinishing laboratories (7384). 67. Photographic studios, portrait (7221). 68. Physical fitness facilities (7991). 69. Political organizations (8651). 70. Professional membership organizations (8621). 71. Public administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661). 72. Public relations services (8743). 73. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 74. Radio, television and publishers advertising representatives (7313). 75. Real Estate (6531- 6552). 76. Record and prerecorded tape stores (5735) with 5,000 square feet or less of gross floor area in the principal structure. 77. Religious organizations (8661). 78. Repair services - miscellaneous (7629 -7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, IA %A /mmn%A/Pr ranair laathar nnnric ranair Innkcmith chnn nirti ira frnminn nnri nnrkathnnk ranair nnlvl I-OT-M 79. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 80. Retail services - miscellaneous (5921 -5963 except pawnshops and building materials, 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure. 81. Secretarial and court reporting services (7338). 82. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 83. Shoe repair shops and shoeshine parlors (7251). 84. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 85. Surveying services (8713). 86. Tax return preparation services (7291). 87. Travel agencies (4724, no other transportation services). 88. United State Postal Service (4311, except major distribution center). 89. Veterinary services (0742, excluding outdoor kenneling). 90. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure. 91. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 92. 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. 93. 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. 94. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with M Any other commercial or professional use which is comparable in nature with the (C -1) list of permitted 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 b. Accessory Uses. 1 Uses and structures that are accessory and incidental to the uses permitted as of right in the C -3 district. 2. Caretaker's residence, subject to section 5.03.05 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 C. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C -3), subject to the standards and procedures established in sections 4.02.02 and 10.08.00 1. Amusements and recreation services (7999 - boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary plants. 3. Bowling centers (7933). 4. Coin operated amusement devices (7993). 5. Courts (9211). 6. Dance Studios, schools and halls (7911). 7. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 5.05.01 8. Educational services (8221 & 8222). 9. Fire protection (9224). 10. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411 - 5499). 11 Homeless shelters. 12. Hospitals (groups 8062 - 8069). 13. Legal counsel and prosecution (9222). 14. Mixed residential and commercial uses, subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the C -3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; vii. Building height may not exceed two stories; viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two - bedroom, 650 square feet; three - bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; X. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial /residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 15 f_ Motion picture theaters, (7832 - except drive -in). 16. Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 17. Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure. 18. Permitted use with less than 700 square feet gross floor area in the principal structure. 19. Public order and safety (9229). 20. Social services (8322 - other than those permitted, 8331 -8399) 21. Soup kitchens. 22. Theatrical producers and miscellaneous theatrical services (7922 - community theaters only). 23. Vocational schools (8243- 8299). 24. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 r, vi ATTACHMENT 7 LDC SECTION 2.03.03.B C -2 ZONING DISTRICT R Commercial Convenience District (C -2). The purpose and intent of the commercial convenience district (C -2) is to provide lands where commercial establishments may be located to provide the small -scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C -1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C -2 district implements the Collier County GMP within those areas designated agricultural /rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element 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 -2 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 a 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 (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C -2 commercial convenience district. Permitted uses. Accounting (8721). Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Apparel and accessory stores (5611 -5699) with 1,800 square feet or less of gross floor area in the principal structure. 5. Architectural services (8712). 6. Auditing (8721). 7. Automobile Parking, automobile parking garages and parking structures (7521 — shall not be construed to permit the activity of "tow -in parking lots "). 8. Banks, credit unions and trusts (6011- 6099). 9. Barber shops (7241, except for barber schools). 10. Raaiity chnnc (7921 axrnnt fnr hPmjty crhnnlc) . 1) 11. Bookkeeping services (8721). 12. Business consulting services (8748). 13. Business credit institutions (6153- 6159). 14. Child day care services (8351). 15. Churches. 16. Civic, social and fraternal associations (8641). 17. Commercial art and graphic design (7336). 18. Commercial photography (7335). 19. Computer and computer software stores (5734) with 1,800 square feet or less of gross floor area in the principal structure. 20. Computer programming, data processing and other services (7371- 7379). 21. Credit reporting services (7323). 22. Debt counseling (7299, no other miscellaneous services) 23. Direct mail advertising services (7331). 24. Eating places (5812, except contract feeding, dinner theaters, institutional food service, and industrial feeding) with 2,800 square feet or less of gross floor area in the principal structure). 25. Educational plants. 26. Engineering services (8711). 27. Essential services, subject to section 2.01.03 28. Food stores (groups 5411 - except supermarkets, 5421 -5499) with 2,800 square feet or less of gross floor area in the principal structure. 29. Funeral services (7261, except crematories). 30. Garment pressing, and agents for laundries and drycleaners (7212). 31. Gasoline service stations (5541, subject to section 5.05.05). 32. General merchandise stores (5331 -5399) with 1,800 square feet or less of gross floor area in the principal structure. 33. Glass stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 34. Group care facilities (category I and II, except for homeless 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. § 651 and ch. 4 -193 F.A.C.; all subject to section 5.05.04 35. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 36. Health services, offices and clinics (8011- 8049). 37. Home furniture and furnishings stores (5713 -5719) with 1,800 square feet or less of gross floor area in the principal structure. 38. Home health care services (8082). 39. Insurance carriers, agents and brokers (6311 -6399, 6411). 40. Landscape architects, consulting and planning (0781). 41 Laundries and drycleaning, coin operated — self service (7215). 42. Legal services (8111). 43. Libraries (8231, except regional libraries). 44. Loan brokers (6163). d..i Management services (8741 & 8742). 46. Mortgage bankers and loan correspondents (6162). 47. Musical instrument stores (5736) with 1,800 square feet or less of gross floor area in the principal structure. 48. Paint stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 49. Personal credit institutions (6141). 50. Photocopying and duplicating services (7334). 51. Photofinishing laboratories (7384). 52. Photographic studios, portrait (7221). 53. Physical fitness facilities (7991, permitted only when physically integrated and operated in conjunction with another permitted use in this district — no stand -alone facilities shall be permitted). 54. Public relations services (8743). 55. Radio, television and consumer electronics stores (5731) with 1,800 square feet or less of gross floor area in the principal structure. 56. Radio, television and publishers advertising representatives (7313). 57. Real Estate (6531- 6552). 58. Record and prerecorded tape stores (5735) with 1,800 square feet or less of gross floor area in the principal structure. 59. Religious organizations (8661). 60. Repair services - miscellaneous (7629 -7631, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines). 61. Retail services - miscellaneous (5912, 5942 -5961) with 1,800 square feet or less of gross floor area in the principal structure. 92 Secretarial and court reporting services (7338). 16#1C 63. Security and commodity brokers, dealer, exchanges and services (6211- 6289). 64. Shoe repair shops and shoeshine parlors (7251). 65. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 66. Surveying services (8713). 67. Tax return preparation services (7291). 68. Travel agencies (4724, no other transportation services). 69. United State Postal Service (4311, except major distribution center). 70. Veterinary services (0742, excluding outdoor kenneling). 71. Videotape rental (7841) with 1,800 square feet or less of gross floor area in the principal structure. 72. Wallpaper stores (5231) with 1,800 square feet or less of gross floor area in the principal structure. 73. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated purely with activities conducted in an office. 74. Any other commercial or professional use which is comparable in nature with the (C -1) list of permitted 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 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C -2 district. 2. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: A minimum five and one -half (5'/2) foot high reinforced fence shall be installed on all sides of the play area which are not open Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure. iii. The play equipment shall be set back a minimum distance of five (5) feet from the required fence and from the principal structure. 3. Caretaker's residence, subject to section 5.03.05 4. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to section 4.02.12 C. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C -2), subject to the standards and procedures established in section 10.08.00 1. Ancillary plants. 2. Educational services (8211, 8222). 3. Homeless shelters. 4. Mixed residential and commercial uses subject to design criteria contained in section 4.02.38 except where superseded by the following criteria: i. A site development plan is approved pursuant to section 10.02.03 that is designed to protect the character of the residential uses and neighboring lands; ii. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; iii. The residential uses are designed so that they are compatible with the commercial uses; iv. Residential dwellings units are located above principal uses; V. Residential and commercial uses do not occupy the same floor of a building; vi. The number of residential dwellings units shall be controlled by the dimensional standards of the underlying district, together with the specific requirement that in no instance shall the residential uses exceed fifty (50 %) percent of the gross floor area of the building or the density permitted under the growth management plan; vii. viii. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one - bedroom, 450 square feet; two - bedroom, 650 square feet; three - bedroom, 900 square feet; ix. The residential dwellings units shall be restricted to occupancy by the owners or lessees of the commercial units below; X. A minimum of thirty (30) percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements; areas used to satisfy water management requirements; landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); xi. The mixed commercial /residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens. 8. Any other convenience commercial use which is comparable in nature with the foregoing (C -2) list of permitted 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 Ajv ATTACHMENT 8 LDC SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS IF&C 5.05.05 - Automobile Service Stations � A. The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open twenty -four (24) hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of automobile service stations. B. Table of site design requirements: C. Building architecture and signage requirements. 1 . Building architecture shall meet the requirements of section 5.05.08 2. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a• Window, Wall, and other signs: As allowed in Section 5.06.00 of this Code. b. All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. C. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d• Signage is prohibited above gas pumps. D. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. Right -of -way buffer landscaping: a• Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty - five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) (based on 500 distance between nearest points) Minimum setbacks, all structures: 50 Front yard 40 Side yard 40 Rear yard C. Building architecture and signage requirements. 1 . Building architecture shall meet the requirements of section 5.05.08 2. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a• Window, Wall, and other signs: As allowed in Section 5.06.00 of this Code. b. All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting, back lighting and accent striping are prohibited on canopy structures. C. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d• Signage is prohibited above gas pumps. D. The following landscape requirements are in addition to the requirements of section 4.06.00 Landscaping and Buffering. Right -of -way buffer landscaping: a• Landscaping adjacent to rights -of -way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty - five (25) feet in width. Water management swales shall not be located within these buffer areas; however, water management facilities such as underground piping shall be permitted. An undulating berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be constructed and maintained at a minimum average height of three (3) feet. The berm shall be planted with ground cover (other than grass), shrubs, hedges, trees, and palms. C. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted a maximum of twenty (20) feet on center within a cluster. The use of palms within the right -of- way buffer shall be limited to landscaped areas adjacent to vehicular access points. Palms shall be planted in staggered heights, a minimum of three (3) palms per cluster, spaced at a maximum of eight (8) feet on center, with a minimum of a four (4) foot difference in height between each tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which may be planted one (1) palm per cluster. A maximum distance of twenty - five (25) feet between all types of tree clusters shall be maintained (See Illustration 1 below). d• All of the trees shall be a minimum of fourteen (14) feet in height at the time of installation. Trees shall have a minimum of a three and one -half (3%) inch caliper at twelve (12) inches above the ground and a six (6) foot spread. At installation, shrubs shall be a minimum of ten (10) gallon, five (5) feet in height, with a three (3) foot spread, planted four (4) feet on center. 2. Landscaping adjacent to all other property lines: a• Side property boundaries (other than those adjacent to rights -of -way) shall be planted with single row hedges consistent with the minimum requirements of section 4.06.00, Landscaping and Buffering. b• Rear property boundaries (other than those adjacent to road rights -of -way) shall be planted with a single row hedge. The hedge shall be a minimum height of four (4) feet at planting, planted at three (3) feet on center, and shall be maintained at a height of five (5) feet. C. Curbing shall be installed and constructed, consistent with minimum code requirements, between all paved areas and landscape areas. ILLUSTRATION 1 L - 9:1 BERM ® V Mfi. PEET NTES R AT AVMN ERANC AUTOMOBILE SERVICE STATION ROW LANDS APE REQUIREMENTS PF"AR® RM OMOK OF ORAROCS AN) TROMICAL YUPPORT COIMAUMTT 96 LOFMEMf AND RNVMON NTAL OFWAOWS WWW" OATOt Rl20W PR,R: LOC4"44"O Illustration 1. Auto Service Station R.O.W. Landscape Requirements E. Automobile service station sites shall be separated from adjacent residentially zoned or residentially developed properties by an architecturally designed six (6) foot high masonry wall or fence utilizing materials similar in color, module, and texture to those utilized for the building. Landscaping shall be planted on the residential side of the fence or wall. 1 The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man -made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: a a. Whether the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a four (4) lane arterial or collector right -of -way. b• Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a twenty -four (24) hour basis. C. Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right -of -way. d• Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. F. Lighting. 1 • All lighting facilities shall be directed away from adjoining properties. 2. On -site luminaries shall be of low level, indirect diffuse type, and shall not exceed a height of greater than twenty (20) feet above finished grade. 3. Lighting located underneath a canopy shall be of low level, indirect diffuse type designed to provide light only to the pump island areas located underneath said canopy. G. All restrooms shall be located inside or to the side or rear of the building. H. As required by section 5.03.04, a six (6) foot high enclosed trash area to be integrated with the design of the service station shall be provided. Storage tanks shall be located below grade. J. There shall be no outside displays of products, stacking of tires, or other merchandise. K. No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of a street as a school, public playground, child care center, church, hospital, public library, or any institution for dependents or for children, except where such property is in another block. L. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one (1) color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on -site shall be of soft earth tones or pastels. M. Each automobile service station shall provide the necessary infrastructure and pre- wiring in order to provide the capabilities for generator service in case of emergencies. N. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: I • Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. no Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7• Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation. 9• Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. An automobile service station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the service station or if the vehicles have been towed by the service station and are being held for servicing, for an insurance company, or for salvage. Any such vehicle (s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. O• Procedural requirements are set forth in Chapter 10. P. Exceptions: 1 The site design standards set forth in 5.05.05 B. (table) shall not apply to, nor render non - conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. —M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. (Ord. No. 09 -43, § 3.A; Ord. No. 10 -23, § 3.JJ) vAlm ATTACHMENT 9 FLORIDA STATUTES SECTION 125.66 Select Year: 2012 Go The 2012 Florida Statutes Title XI Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter RELATIONS GOVERNMENT 125.66 Ordinances; enactment procedure; emergency ordinances; rezoning or change of land use ordinances or resolutions.— (1) In exercising the ordinance - making powers conferred by s. 1, Art. VIII of the State Constitution, counties shall adhere to the procedures prescribed herein. (2)(a) The regular enactment procedure shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend any ordinance, except as provided in subsection (4), if notice of intent to consider such ordinance is given at least 10 days prior to said meeting by publication in a newspaper of general circulation in the county. A copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) Certified copies of ordinances or amendments thereto enacted under this regular enactment procedure shall be filed with the Department of State by the clerk of the board of county commissioners within 10 days after enactment by said board and shall take effect upon filing with the Department of State. However, any ordinance may prescribe a later effective date. (c) Whenever any ordinance has heretofore been enacted and a separate book of notices of intent was not kept by the clerk of the board of county commissioners, but a copy of the notice of intent was available for public inspection during the regular business hours of the clerk of the board of county commissioners, such ordinance is hereby validated. (3) The emergency enactment procedure shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend any ordinance with a waiver of the notice requirements of subsection (2) by a four - fifths vote of the membership of such board, declaring that an emergency exists and that the immediate enactment of said ordinance is necessary. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. Certified copies of ordinances or amendments thereto enacted under this emergency enactment procedure by a county shall be filed with the Department of State by the clerk of the board of county commissioners as soon after enactment by said board as is practicable. An emergency ordinance enacted under this procedure shall be deemed to 16C be filed and shall take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. (4) Ordinances or resolutions, initiated by other than the county, that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to subsection (2). Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances or resolutions initiated by the county that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: (a) In cases in which the proposed ordinance or resolution changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the board of county commissioners, in addition to following the general notice requirements of subsection (2), shall direct its clerk to notify by mail each real property owner whose land the governmental agency will redesignate by enactment of the ordinance or resolution and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance or resolution. Such notice shalt be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The board of county commissioners shall hold a public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 1(b) In cases in which the proposed ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the board of county commissioners shall provide for public notice and hearings as follows: 1. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. 2. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to chapter 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shalt be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following by ordinance or resolution: title of ordinance or resolution) . A public hearing on the ordinance or resolution will be held on (date and time) at (meeting place) . Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the map must be part of the online notice required pursuant to s. 50.0211. 3. In lieu of publishing the advertisements set out in this paragraph, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution. (5) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of [aches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163. (6) The notice procedures required by this section are established as minimum notice procedures. History. —s. 1, ch. 69 -32; ss. 10, 35, ch. 69 -106; s. 1, ch. 70 -422; s. 1, ch. 76 -155; s. 1, ch. 77 -331; s. 1, ch. 89 -267; s. 1, ch. 90 -152; s. 1, ch. 95 -198; s. 2, ch. 95 -310; s. 4, ch. 2012 -212. 1Note.— Section 21, ch. 2012 -212, provides that "[e]xcept as otherwise expressly provided in this act, this act shall take effect July 1, 2012, and shall apply to legal notices that must be published on or after that date." Copyright © 1995 -2012 The Florida Legislature • Privacy Statement • Contact Us ATTACHMENT 10 NOTICE OF PUBLIC HEARING IN NAPLES DAILY NEWS illwt 22D D Friday, June 15,2012 N NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 26, 2012; In the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamlami Trail, . "Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT- A. TIRE.STORE WRH MINOR AUTOMOTIVE 'REPAIRS 15 A COMPARABLE AND COMPATIBLE LAND USE TO OTHER PERMITTED USES, AND THEREFORE, IS A :PERMITTED USE WITHIN THE BUSINESS DISTRICT'DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK. PUD, AS AUTHORIZED IN SECTION 4.3 -A.14 OF ORDINANCE 05 -50. THE SUBJECT PROPERTY 15 LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with" the Clerk to the Board and is available for jnspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to. presentation of the agenda item to be. addressed. Individual speakers will be limited to .3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson_ for a group or organization- may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic" materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. in any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need. to ensure that a verbatim record of the proceedings is made, which record includes. the! testimony and evidence upon which the appeal Is based. if you are a person with a disability who needs any accommodation in order to participate. in this proceeding, you are entitled, at no cost to you; -to the provision of certain assistance. Please . contact the Collier County Facilities Management Department, located at 3335 Tamlami Trail East, Suite 101, Naples, FL 34112 -5356; (239) 252 8380, at least two days .prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara June Clerk (SEAL) No. 1952797 o d Y 3 r � y � e A o nY 3 l l c y a R ' • cr A % �� m 'd A CL. 0 m A ! 1 � M m a l►.y, rA c � A rrJ 0 0 70 � c A O QO S m a