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Backup Documents 03/12/2013 Item # 9BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To : Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location, etc.) Originating Dept /Div: LW0DLE4nnine & zoning Person: Nancy Gundlach Principal Planner Date: February 5„ 2013 Petition No. (If none, give a brief description): PL20120000726 Petitioner: (Name & Address): Mr. Tim Hancock, AICP Davidson Engineering 3530 Kraft Road Suite 301 Naples, FL 34105 Name & Address of any person(s) to be notified by the Clerk's office: (if more space is needed, attach separate sheet) Hearing before X BCC BZA Other Mr. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 Requested Hearing date: 03/1212013 (Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Account #068779 Other Purchase Order No. 4500140024 Proposed text: (include legal description & common locations & size: Legal Section Companion petition(s), if any & proposed hearing date: Legally Required Non -Legal Section Does Petition Fee include advertising cost? x Yes No. If yes, what account should be charged for advertising costs: 131 - 138326 - 649100 -00000 Reviewed By: Z-2,.,, h_� Date: ° 9 Division 4M inistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. B. FOR CLERK'S OF )CE Date Received 12. • Date of Public Hearing 3 a Date Advertised A7 _T � � 9 ��w�� if NOTICE OFPUBLIC HEARING Notice is hereby given that on Tuesday, March 12^2013in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment ufm County Ordinance. The meeting will commence at The title of the proposed Ordinance ieaofollows: PUDZ-A-PL20120000726, Top Hat Auto Commercial Planned Unit Development (CPUD), recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 from the Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for an 11 .36+/- acre parcel to be known as the Top Hat Auto CPUD, to allow construction of an automotive sales facility with associated repair services, on property located at 6780 Airport Road North in Section 1, Township 49 South, Range 25 Emot, Collier County, Florida-, providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing an effective date, [Coordinator: Nancy 8und[ach.A|CP.RLA. Principal Planner] A copy cf the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and beheard, 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 5 minutes on any item. The selection of any individual to speak on behalf ofan organization or group is encouraged. If recognized by the Chainnun, m spokesperson for m group or organization may be allotted 1O minutes hm speak onanitem. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of3 weeks prior ho the respective public hearing. |n any case, written materials intended 0zbo 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 iabased. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, mtno cost 10 you, Uu the provision of certain assistance, Please contact the Collier County Facilities Management Department, located ot3335Tomimmi Trail East, Suite 101. Naples, FL 34112-535U.(239)252-838O.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 DF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W.COYLE.CHAIRMAN DWIGHT E.BROCK.CLERK 8y: /s/PathcaK4organ Deputy Clerk (5EAL) + 98 � ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR AN 11.36 + /- ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84 -34, AS AMENDED, THE PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ -A- PL20120000726) WHEREAS, R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, representing Bic's Investment Corp., petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, Collier County, Florida is changed from the Princess Park Planned Unit Development zoning district to a Commercial Planned Unit Development (CPUD) zoning district for an 11.36 + /- acre parcel to be known as the Top Hat Auto CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate Top Hat Auto CPUD/PUDA- A- PL2012000726 1 of 2 Rev. 12/04/12 �6 vall zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: REPEAL OF ORDINANCE. Ordinance No. 84 -34, as amended, the Princess Park PUD, is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko 1 Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments CP \l 2- CPS - 01167120 Top Hat Auto CPUD /PUDA- A- PL2012000726 2 oft Rev. 12/04/12 , Chairman 1;''i EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a C -5 commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area (GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New and Used) (Group 5511) B. Accessory Uses 1. Automotive Exhaust System Repair Shops (Group 7533) 2. Tire Retreading and Repair Shops (Group 7534) 3. Automotive Glass Replacement Shops (Group 7536) 4. Automotive Transmission Repair Shops (Group 7537) 5. General Automotive Repair Shops (Group 7538) 6. Automotive Repair Shops, Not Elsewhere Classified (Group 7539) 7. Top, Body, and Upholstery Repair Shops and Paint Shops (Group 7532) 8. Uses and structures that are accessory and incidental to an automotive sales facility. 9. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top Hat CPUD Revised December 3, 2012 Page 1 of 6 9 0 1 M EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C -5 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 35 ft. 35 ft. • Actual: 47 ft. 47 ft. Minimum Floor Area 700 square feet (ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard (Airport Pullin Road 25 ft SPS • Side yard 15 ft loft • Rear yard 100 ft SPS • Minimum Distance Between Structures 25 ft 0 ft (Principal to accessory) • Internal Drives None None • Lake 25 ft 25 ft Top Hat CPUD Revised December 3, 2012 Page 2 of 6 J �o ZLI .a O Z� O� 2}9." - i �I 'I .i r • I 'I 'I �I I Ii i I 'a C _ �Oi�d _g a El -- `& .......... p ! . g 7 a <FT =s ��m ul Ind Z:,Il H d ® COQ p n O mY �Oi�d _g a EXHIBIT D LEGAL DESCRIPTION (OR The North 1/2 of the South 1/2 of the SW 1 Township 49 South, Range 25 East, Collier Cow thereof, previously reserved for road Top Hat CPUD Revised December 3, 2012 Page 4 of 6 i 98 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary facade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. i Top Hat CPUD Revised December 3, 2012 Page 5 of 6 EXHIBIT F DEVELOPMENT COMMITMENTS: PLANNING: 98 a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging systems will be used. C. The automated car wash will be 600 feet or more from the nearest existing residential unit. d. The service area will be enclosed with the exception of entry /exit doors and a small number of `quick lube' service bays. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. TRANSPORTATION a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10 -inch water main located on- site. This 10 -inch main is connected (tee and valve) to an existing 16 -inch water main along the west right -of -way line of the southbound Airport- Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8 -inch gravity main / system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off -site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. Top Hat CPUD Revised December 3, 2012 Page 6 of 6 r. Acct. #068779 February 13, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ- A- PL20120000726; Top Hat Auto CPUD Dear Legals: Please advertise the above referenced notice on Wednesday, February 20, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 12, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR AN 11.36 +/- ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTIONS 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84 -34, AS AMENDED, THE PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- A- PL20120000726) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need MOM to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Eojnty-[of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts February 13, 2013 Davidson Engineering Tim Hancock 3530 Kraft Road Suite 301 Naples, FL 34105 COLLIER COUNTY C¢URTH SE 3315 TAMIAMI TRAII,;�AST ST 102 P.O. BOX 411,044 NAPLES, FLORIDA 3401 -3044 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000726: Top Hat Auto CPUD Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 12, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252 -2646 Fax - (239) 252 -2755 Website - www.collierclerk.com Email - collierclerk @collierclerk.com -;C-o gnty -of Collier 9B CLERK OF fHE CLRCUI COURT Dwight E. Brock COLLIER COUNTY COURTHCTUSE Clerk of Courts 3315 TAMIAMI TRAI(.�AST ST 102 Accountant Clerk of Courts P.O. BOX 411,044 Auditor NAPLES, FLORIDA 34f91 -3044 Custodian of County Funds February 13, 2013 Roetzel & Andress Bruce Anderson, Esq. 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ- A- PL20120000726: Top Hat Auto CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 12, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 20, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252 -2646 Fax - (239) 252 -2755 Website - www.collierclerk.com Email - collierclerk @colliercierk.com U� Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, February 13, 2013 10:46 AM To: Naples Daily News Legals Subject: PUDZ -A- 20120000726 Top Hat Auto Attachments: PUDZ- A- PL20120000726 (03- 12- 13).doc; PUDZ- A- PL20120000726 (3- 12- 13).doc Legals, Please advertise the following attached ad Wednesday. February 20, 2013. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E- mail: martha.vergara e,collierclerk.com ;NOTICE OVINTENT TO CONSIDER ORDIN.ANCF 9B NotiC£ is hereby ;given that an TUESDAY, March '12, 2013, "In the Boardrorom, 3rd Fio6r, Aftinistiatl "n Buihdin Cc l "lien c6u,rlty `Governme `rt Center, 3 3 E ast Tamiairi� Trail, Itilaples, Fiiricia, t Ecrard of County Ccarnmisslor,ers mill consider the enad'rnRnt of "4 County Grdir,,ance.. the rneeting will com"i'mence t 9 -66 AM'. Tlla. fWe off'the.pr6posed rdlr ante is as fol;lo , s AN ORDINANCE, 1' THE BflARC? OF _COUNTY COMMlSSIO EIS OF COLLIER .COUNTY, FLflRiDA, AMENDING QRDINANCE -NO. 20.04 -!4i# "AS.A�+1>_�iDFI) THE CbLLIER ,COON` Y LAND bf\/tL6PImENT CdPF, ,WHICH ESTA,8.LI5HED THE. ,.CDM PRE H'EN5IVE ZONING REGULATIONS. VOR THE UNINCORPORATED �,REA OF COWER, COUNTY, FLORIDA B'Y_AivIENDING THE APPROPRIATE 7UNiNG "ATAS',MAP CSR MAPS 9Y CHANGING 14E ZO'ING CLMSiFiCAfi1tJN OP-tHE HEREIN "DESMIBE -6 REAL PROPERTY FROM THE PRINCESS PARIS PLANNE_15 UNIT DEVELOW NT ZONING DISTI�ICf t!O�A COMMERCIAL PLANNED UNIT DPALOPMENT (CPUD) ZONING. DISTRICT FOR AN 11 36 +1- ACRE`PARCEL TO RE KNOWN A$ THE TOP HAT AUTO: CRUD`, TO ALLOW CONSTRUCTION C3F AN AUTOMOTIVE SALES FACILITY WITH ,ASSOCIATED RI PAI :- S.ERVICES, ON PROPERTY LOCATED AT 57801 AIRPORT, ROAD N01iTH IN �EC1TIGNS 1 TOWNSHIP X49 SOUTH, ,RANfiF "25 EAST, COLLiER CE UNTY', FLORIDA, PROVIDING MREPEAL tJI= C3RDINANCE 'tVO$3?L, AS A►1VlE'NDEb�, THE PRiNCE55 IAARK PUD I IR lbI VG A►N EEFIE& /F DATE. (PETITION PUQZ' OL2012000026) Copie.s,nf -the proposed dirditiariceare on file Will the Clei t to the toartl and are available far_ins"pection, All interested parties are invited to attend and be heard NOTE: All persons wishing to::spe.ak;on any agenda i-iean must register vvith the Count��yy: administrator .pri r 'AQ presentation of the agenda item to', �e addressed Individual, speakers vrrl'll be limited to 3 minutes on are itern. The selection of an lndi`,tvidual to speak �on behalf 'oaf "ari organization or grouip is encouraged. if 're-cognized b the Chairman a, spokesperson for a` group car 6� gaoization may be allotted 10 rnlrluteC to 'speak on art item. Per "sans Wlshing to have Writti n ter graphic rrtiaterials induded In'the 13dord agenda 06ckets rriu!t sub6ilt said material a rninirni m of ti reek~ pr�t�r to the respective' ublic Nearing, in artier casr , t iritf en rn;aterials Intended to bb con slde,red by` t11e oard'shall be submitted to the appropriate gbunly staff a minirnurn of seven days Prioro the publ;lc hearing, All material used in presentations before the Ecard will bkboe a permanent paint of the record.. Any per .n whoa decides to. appeal a decision;of the Huard will need a record of the 1. ;prraceedings pertaining tlier>eto and therefore, may need "to ensure that averbatim record of the prose dings is made, which record includes the testimony and' evidonce upon which the appeal is based If you are a person with a °disability -who. needs -any accommodation inn order to participate in this proceeriing, you are entitled, at no, cast to yc�u, to the .provision of certain ,assistanite. Please'cd%act the Collies `County Facilities Managamellt 'D6partttteht,. I`ocate�l at 3335Tarniatnl Trail East, 8U11ding'VV� Maples, Florida 34112. {239)252 =8380. Assisted listenin'd �devic s f6r the 'hearing irnpaire,.d are availalal�e In the County Commissioners' Office, BOARD OF CO UN`Y CQN ISSC HERS COL,II R COUNTY, RI'DA QW9G'iA A, HILLER, E5L}.'CNAIPUUC3IVIAN :DWIGHT E. Blibi K, CLERK_ By: Martha Vergara, Deputy .Clerk {SEAL) l ebrueryr 2Q, 2013 No, 1978949 EON Martha S. Vergara From: Sent: To: Subject: Happy Valentine's Day, Martha :) The ad looks good. Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 GundlachNancy <NancyGundlach @colliergov.net> Thursday, February 14, 2013 1:36 PM Martha S. Vergara RE: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Thursday, February 14, 2013 11:06 AM To: NeetVirginia; Ashton Heidi; RodriguezWanda; GundlachNancy Subject: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 Good Morning All, Happy Valentine's Day... and attached is the proof from NDN, let me know of any changes needed. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Martha S. Vergara r From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, February 14, 2013 12:21 PM To: Martha S. Vergara Subject: FW: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 Martha: Approved with the correction noted below. Dinny - - - -- Original Message---- - From: BonhamGail Sent: Thursday, February 14, 2013 12:07 PM To: NeetVirginia; AshtonHeidi Subject: RE: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 Dinny, the ad is correct except for the "sections" as you pointed out. It should read "Section ". Gail Bonham Gail Bonham, Legal Secretary to Heidi Ashton - Cicko, Managing Assistant County Attorney Emily R. Pepin, Assistant County Attorney Office of the County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Telephone - 239.252.8400 gailbonham @colliergov.net PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. - - - -- Original Message---- - From: NeetVirginia Sent: Thursday, February 14, 2013 12:02 PM To: AshtonHeidi; BonhamGail Subject: FW: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 For Heidi's approval. I noted that the title in the ad references "SECTIONS 1, TOWNSHIP ... " Dinny 1 9B - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Thursday, February 14, 2013 11:06 AM To: NeetVirginia; AshtonHeidi; RodriguezWanda; GundlachNancy Subject: NDN Proof - Top Hat Auto CPUD - PUDZ- A- PL20120000726 Good Morning All, Happy Valentine's Day... and attached is the proof from NDN, let me know of any changes needed. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ,NOTICE OF INTENT TO CONSIDER ORDINANCE 9 B Notice is hereb'y given 'that can TUE�OA�', March 12 l 21113, in the Bo'ardroorn 3rd Floor, Administra0Dn i 'uilding Collier County Glovernrrrent Center, 3299 East Tamiaml Trail, Maples, Flotidj, the beard of County Commissioner -.vill consider t he 'enac#ri ent of a County Ordinance. The. meeting will tdrt3mence4t 9:00 A.M. The title of the proposed Ordinance is as rc'llevvs:, Ah1 ORDIN CE OF 7 COUNTY., FLORIDA. ,# COLLIER COUNTY LA t f FOR , TO ALL SE HE BOARD OF COUNTY CC31V1MISSIONE'R5 CAE .COLLIER VIENDING ORDINANCE NO. 2004 -41, AS AMENDS , THE ND DEVELOPMENT CEDE, WHICH ESTABLISHED THE IG REGULATIONS FOR 1 UNINCORPORATED AREA OF 1A BY AMENNINd THEAPP11OPAJATE ZONING ATLAS, mAP niE ZONING 'CLASSMCAT116N 01=THE HERON DESCR1BLb 1E PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING 9CIAL PLANNEt3 UNIT Dt- ALOPMENT (CPU1) ZONING +I- ACRE - PARCEL TO BE KNOWN AS THE TOP HAT AUTO TRU:CT1OWOF AN AUTOMOTIVE SALES FACILITY WMI T 11.361 E9 "ORT ROAD R COUNTY, =i` DED. THE IN iUDZ -A' Copies, of the proposed Ordinance are on file With the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the Count administrator prior to presentation of the agenda item to, be addressed. individual speakers, will' be lirmited .to 3 minutes on any item. The >selection cif an individual to s peak can behalf of an organization or group is encouraged. If, recognized by the Chairman; a spokosperso'n for a group or or�ganizatilon may l allotted 10 minutes to speak,, can an item'. Persons wishing tq have written or graphic materials in uded in the Board agenda packets rust submit said rriaterial a Minimum of `3 wea'6ks prier to the respective ublic. hearing. Ir1 any case, written Materials Intended to be considered by the gar�d shall be submitted to the app oodaie Ccsunty �f a rrrinimuni of severs days prior to the public hearing. Al] ma't+erial used in presentations before the Board will became a permaniant part of the record,, Any person who decides to appeal a decision,of the Board will need a word of the prortedings pertaining thereto and therefore-, may need to ensure that a verbatim record of the PTOceedings is made, which record includes the testimony and evidence upon wvhrch the appeal is -based. is you are a person with a disability ,who needs any accommodation in order to participate i this proceeding, ybu are entitled, at no cost to you, to the provision of,certain assistance. please contact the Collier Coun i Facilities Management Deipar tent, located at 3335 Tamiami Trail l=ast-, Building W, Naples, Florida 1 34112, {239}2 2-�83 R Assisted listening devices for the hearing impaired are available in the County' C€�mmissioner`s' Office. 131OARD OF COUNFY COltiriiu MIONERS COMER COUNTY, FLORID GEORGIA A. HILLER, ESQ. CHAIRWOMAN E WIG11T E. BROCK, C.LERk By. Martha Vergara, Deputy Clergy (SEAL) February 20, 2013 No; 19789 49 9 B Martha S. Vergara From: Naples Daily. News <naplesnews @clicknbuy.com> Sent: Tuesday, February 19, 2013 11:08 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad #1978949 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 12, 2013 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR AN 11.36 + /ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84 -34, AS AMENDED, THE PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- APL20120000726) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE : All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) February 20, 2013 No. 1978949 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpay.com/adwizard login.aspx ?1= 23410753 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. 261 -7094 I February 20, 2013 No. 1979099 I February 18, 19 & 20, 2013 GLAIR C CHRI i STENSEN vdme in wri ca assess # No. 1979027 MARGARET K CHRISTEN MAS A L NO 7 Ing Trainers p p. escr d in said Unless a property descn ed in sal r • • • Unless the roe rer I to shall be • deemed Mat ICUS ! certific to sha be r en 239 261 -7 94 i Iii OF PUBLIC HE ING TO SIDER OLUTION accor "a to la ,the property ill be or to law, the pro will be 1 I sold to t ighest bidder a the sold to th highest der at the Collier Count Cou use Ann ig Trai ens Notic s here yiv n shat o uet ay, March 12 013, the 8 rd Collier Co Courthouse Annex, 2nd Comm slon s MeeU 9 R m, Thi Floor C ter Gove m Count - Floor, Cie Adm,n,sv ,on Cent 3Zt I Floor, Cle s Adm,nistr o Conference 1 Morten us. New. i Tamia all East, pl FL the aril of o city Cum Ionen (B will Conf cite Ro at 1 00 P on y at 100 PM. on MO ay, March 15, 013. Monda , M h 25, 13 774-75 0 roraide the eractme of a County esolu n. a meeti will commen at j 9:00 The title of proposed Resol io s as fol ws: I to is 14th day of 1 uary, 2013 dart Bard Da d this 22nd day o uary, 2013 'Ctro IC RESOLUTI O, 13- ,_ HT E. BROOK CLERK E. BROC I CLER F THE CIRCUIT CO 239 93-4277 j A ORIDA, RESOLUTI TING THE BO D OF UNTY M 10 ERS OF COL COUNTY, CLERK O HE CUIT COUR LORIDA, N TO PE TI O VAC -PL201 564, DISCLAI ENOUNCE, BY: /siDon Rut ord 1) river 3W & D V TE E COUNTY D THE PUBL INTEREST IN A TI OF THE I BYVS/Don herford I Deputy Ger d $ 00. 170 /ea or U RECRE IONAL O SPACE EA NT (U.R. ), ING A ART OF I epu erk Donna er rd 39 9 -0124 T S" OF EM SSY O S GOLF A CO NTRY CLU BRETON PAR ^1) Rutherfor (Sea P E ONE, PLAT 17, P ES 47 ROUG 9 OF T PUBLIC RECO F IS I) I ruary 6, 13. 20 2013 LL R COUNTY, FL IDA, BEI G ART OF SE ON i PUBLIC R C 5 TH, Febr ry 6, 13, 20 B 2 2013 NG 26 EAST, C R COON LORIDA. MOR CIFICA LY SHOW I X- No. 1975942 No. 1975951 SPOrt 11 neW HIBIT ` " lent Co dition. i A copy o t proposed s tion on file h 239-325-8 26. avadable f inspection. All erested p rties ar invited the to le n to Board and i . end a heard. i "TOTE: II p sons wis 9 to peak on n agenda item ust regts r with the sf I Co u Mana er pn to pre ntati fy the a end it =�0 �n i ual spea ens ill be 1, It t mm te5 on an tem. he se ea addof a� of n Used. dividual to s on behalf c an orga izatio r group encoura d f recognized by Chairman, a esperson or group or or nizatoa 5]2 1] allotted 10 cat tes o speak o n ite Y be • • ersons Nag to h ve ritten or r hit • • 9 aten s included n the and agen NOTICE OF INTENT TO CONSIDER ORDINANCE • p ckets ust submit d material a m um of weeks prior t h resppective pu It earing. In case, written tertals inte ed to be aside d by the Notice is hereby given that on TUESDAY, March 12, 2013, in the Boardroom, 3rd ENT. 8o shall be s mitt to appro ate County sta a mi ' um of se n da Floor, Administration Building, County P r o the p is heari .All erials se d In pres t cis before the o Y Tamiami Trail, Naples, Florida, gteCBoard of County Comm ss oners will consider the yle 18 a5 neW l be me a ermanent p of record enactment of a County Ordinance. The meeting will commence at 9 00 A M The 81 -6353' title of the proposed Ordinance is as follows: Any pens who decides to eal any decisio of Boar ill need a r old 1 eskers, the pr ee ings pertaini th reto and there may nee to ens that a AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER ty Ster COT Q- verb im re rd of the ro(eed s is made, h record inclu COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE bo 649 -4 64 p an evidence on wh the apps is based. t testmony COLDER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE f you area COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA Of TV OYnf I Y pe cee a , you li t needs any ccomm ation -n order to COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP participate certain tot roceeding, you ar ntitled, at no c t to ou, to th rovist OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED r'' - I f certain a Stan e. Please co ct he Collier Coun REAL PROPERTY FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZON- 65" lat Panel ep) , a ocate t 3335 Ta mi 7r l East, Suite 1 acilities Man a at IX-S3o 13 -5899 I 9) 25 80, at le t two s prior t the meeti ,As plea Istenin11de356, ING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING �fO O +O .gs0. I Off, the hearing impa ed a available i the B rd of C my Co ssion s DISTRICT FOR AN 11.36 +/- ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO N /re Ote $2 CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD :on . 455 -6144 AR OF COUNTY MI IONERS NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, OLLIE OUNTY, RIDA FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84 -34, AS AMENDED, THE D D/Cp I EORGIA . HIL , ESQ, CHAT OMAN PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ -A- -ks, With cables, j D GHT E. OCK, CLERK PL20120000726) 642- 22. By: a r ( r a L) ra, Copies Jerk of the proposed Ordinance are on file with the Clerk to the Board and are De 9 avadable for inspection. All interested parties are invited to attend and be heard. helve & cabi t NOTE: All persons wishing to speak on any agenda item must register with the '239 596 -32 Con, administrator prior to presentation of the agenda item to be addressed.. NOTICE PUBLIC HEARING TO CON Individual speakers will be limited to 3 minutes on any item. The selection es an ESOLUTION individual to speak on behalf of an organization or group is encouraged. If lips- Z r• Notice is hereb iven that on Tuesday, yy recognized by the Chairman, a spokesperson for a group or organization may be 0orks goo Commissioner Meeting Room, Third y oor,chCollie20 Go ernmenBoarent f Co3299 allotted 10 minutes to speak on an item. 3 -1046. nits I Tamiami d Ea Naples, FL the d of County Co MIS ' ners B ( )will Persons wishing to have written or graphic materials included in the Board agenda r0ns,de he enact at of a Co y Re l is as The meet will <omme ce at packets must submit said material a minimum of 3 weeks prior to the respective iYr Ynd 9:00 The title of t e pro a' Resoluti is as follows: public hearing. In any case, written materials intended to prior coo tdered by the Pllfl W. RESOLUTION N . 13- Board shall be submitted to the appropriate County staff a minimum of seven days '98- 26 I - prior to the public hearing. All material used in presentations before the Board A R OLUTION OF T BO RD OF COUNTY C ISSIONERS OF OLLIER COON will become a permanent part of the record. FLORI A, RELATI TO PE TION VAC -PL20 2603, TO DISC IM, RENOUNC An y person who decides to appeal a decision of the Board will need a record of the AND CATE E COUNTY NO THE PU C I TEREST IN ALL PRESERVE P4 proceedings pertaining thereto and therefore, may need to ensure that a verbatim AND A R N OF PRESERV P -8, AS ORDE IN THE OFFICIAL E D BOOK record of the proceedings is made, which record includes the testimony and DOLLE Ele 2406, PA 5 0549 THROUGH 89, HE PUBLI RECORDS OF CO COUNTY, evidence upon which the appeal is based. Dolley . FLQRI ALL OF PRESERVE/ E NT AREAS A94, PA95, ORTION OF PRE VE/ EPLANT AREAS PA AND PA102, BE G A P 5r spa er tire. I V DERSIL COUNTRY CLUB OF TRACT 8 OF If you are a person with a disability who needs any accommodation in order to Mark 39 -249- Pueue RE DS OF C LIER COUNTY, 2. P ES 4 HROUG 55 OF THE participate in this proceeding, you are entitled, at no cost to you, to the provision PRESERVE /RE NT AR PA96 A PA102, BEING PART DOF TRA RTION OF FD10 OF of certain assistance. Please contact the Collier County Facilities Management VANDERBILT UNTR CLUB - 2, P T BOOK 32, P E 42 THROUGH 5 Of THE Department, located at 3335 Tamiami Trail East, Bolding W, Naples, Florida 34112, PUBLIC RECRR COLDER COON ,FLORID EIN A PART OF SE ION 35, the County CommissioenerlssOffYe. devices for the hearing impaired are available ,n TOWNSHIP 48 S H, RANGE 26 EAS COLLI COON FLORIDA, BEI G MORE 11 lifarr SPECIFICALLY WN IN EXHIBIT "A`, BOARD OF COUNTY COMMISSIONERS A copy the pro osed Resolution Is 0 file with the Cler to the Bo and is COLLIER COUNTY, FLORIDA 3y Op 011afl I avails for inspecti n. All interested p ies re invited to atten and be aid. 586- 201 -7914 GEORGIA A HILLER, ESQ. CHAIRWOMAN NOTE: All persons w. hang to spe on an County Manager pro ,dm y agenda item mu register wit the DWIGHT E. BROCK, CLERK to pre citation o e agenda , to be addle sed . dual speakers will a li ed to 3 minutes on an i . Th ^dividual to speak on h of an organizatio or ry i selection le any By Martha Vergara, Deputy Clerk nized by the Chairman, a pokesperson fora ro 9 p n atio aged. If reco 10 minutes to speak on em. 9 organization may be all ed /SEAL) _ February 20 2011 Persons wishing t .ave wr ten or graphic atenal included in the and agenda N t4Taaaa ackets must s alit said m ter�al a mm um of 3 eeks poor t t e respPective P, 6c hearn In any case, -w, en aterals irten ed to be nsid red by the • es Boa sha be submitted to rn • • pror he pr ;btic hearn q Pp ate County stall, a m, um of even days 9 all used n pies nt ons before he Board Notice , ereb lien that pur ant to the St e's S!orage Fauhty n will me a permanent part of e record. Any perso who deG March 2013 th undersign CubeSmart Stor ill sell at pubic sa e 201 t -2 2 Acton des to . ppe any decision of e So d Will need a r cor f fo ' ^9 stored prope d fun, the procee ngs pertain, there and �heref e, may f y amount verbatim rec d .,f th roceedin Y ed to ensure at a 1:00 CubeSmart 04 , 1 Tamiami Tr E, Naples, f and evidence �� on w ch ph 's made, h!ch record dudes the t imony e ippea �s sect s duc ion � Na of C omen General Description if you are a p on :nth a disability o needs any accornmo t n m order. to 1731 - E (as stated in origi [lease rtY )1 `IUD Annual Pdrt'c,pate iin .is roceeding, you a _ idled, at no cost to you o the provision omez Manire Household G ds 14 7h Df -- erta,n s�stae o'ease co act . -e Collier Curnty Fa .ti the Py vision L525 evm Gates Hous Id and kc Items oard Depart located t 3335 T .lam, Tr a East, Suite 101, N Les, L Darren P , Lin y Byers Sous Goods tin ,rn unity f_ 9)) 1 28380, at 'ea t:vo a s prior to h 341!b5356, 525 Toni Am A4 rs p !ties meat for the hearn m a� d re em�P Io me�etrng, ,sted Is nmg devices L947 -Gina Ealm Mn e irse!i ng ;: - gr 3rn5 Of 9 P ab _ n t. e card G,unty r, nmissioners I c t =ms is "he p /ete,ad :00 p ube5m 0459,348S estic e, Naples, FL pan 3rd will n BOARD F COI, "TTY !dMi TONERS nom C^ G silly. :OLDER OUNTY, - _ORIDA Nam f Customer eneral Descriptio Property GEORGIA HNC R. EEO, CHAT WOMAN stated in 'o maI lease) :v =1e r Etepha L Ross ,t uyer DWIGHT E. CK, CLERK j regormg s ch By Mar ' a Ve ara, General Description a (w .•.•.r in -Wrl S 9 B Naples Daily News RECEIVE Naples, FL 34110 ��...... Affidavit of Publication MAR o 7013 Naples Daily News RIM ---------------------------- ------ ------ - ---- ----- +--------- - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, March 12, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government center, 3299 East REFERENCE 068779 4 5 O 014 0 0 2 4 Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commente at 9:00 A.M. The 59711835 NOTICE OF INTENT TO title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY MI55K)NERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE No. 4= AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE; WHNCI� ESTABLISHED THE State of Florida COMPREHENSIVE ZONING REG ULAT10N5! FORS (E MN1 WtpORATEB AREA OF COLLIER COUNTY, FLORIDA BY AMENDING'rHE T22ONING ATLAS MAP Counties of Collier and Lee OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZON- Before the undersigned authority, perso ING DSTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT JCPUD) ZONING appeared Amy Davidson, says that she sery DISM FOR AN11. 36+/- ACRE PARCEL TOBE KNOWN AS THE TOP HAT .AUTO CPUD; TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH Inside Sales Supervisor , of the Naples Da, ' ASSOCIATED REPAIR sERvids, oN PAIOPORT1r LOCATED °qT 6]80 AIRPORT ROAD NORTH IN SECTION 1; TOWNSHIP 40,SOUVH, JtANGE 2$ 1. 4Wj CoLLyy11ER COUNTY, a daily newspaper published at Naples, In FLORIDA' PROVIDING FOR REPEAL OF ORDINANCE NO. $4.34, AS AMENDED, THE PRINCESS PARK'PUD: AND PROVIDING AN EFFECTIVE DATE. (PETITION PUbZ -A- County, Florida: distributed in Collier — K2012NN726) and Lee counties of Florida; that the a t t: Copies of the proposed Ordinance aye on file with the Clerk to the Board and are available for inspection. All interested partietare invited to attend and be heard. copy of advertising was published in saic NOTE: All persons wishing to speak on any agenda item,musrregister with the newspaper on dates listed. county administrator prior to presentation of the agenda item tube addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an Af f iant further says that the said Nap] 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 News is a newspaper published at Naples, allotted 10 minutes to speak onanitem. Collier County, Florida, and that the s a ] 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 newspaper has heretofore been continuous] public hearing. In any case, written materials intended to be considered by the Board shall be submitted to'tbe appropriate County staff a minimum of seven days day and has been entered as second class Prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. matter at the ost office in Naples, in ; P P Any person who decides to appeal a decision of the Board will need a record of the Collier County, Florida, for a period of ? o dothertparoceedings i madehewh�ch rewrddudes ensure thethat testimonya and next preceding the first publication of t evidence upon which the appeal is based. - attached copy of advertisement; and aff ii: parrticipate n tn,s proceeding, disability acre a title needs noYcoost to you, to the provision further says that he has neither paid no: of certain assistance. Please contact the Collier County Facilities Management W(239artthen; located at 3335. Tamiami Trail .East, Building W Naples, Florida 34112, )252 -8380. Assisted Bstening devices for the hearing impaired are available in promised any person, firm or corporation the County Commissioners'Office. discount, rebate, commission or refund fl BOARD OF COUNTY COMMISSIONERS purpose of securing this advertisement fl COLLIER COUNTY, FLORIDA publication In the said newspaper. GEORGIA A. HILLER, ESQ: CHAIRWOMAN DWIGHT E. BROCK, CLERK PUBLISHED ON: 02/20 AD SPACE: 98 LINE FILED ON: 02/20/13 By: Martha Vergara, Deputy Clerk -------------------------------------------------- +------------------ - - - - -- Signature of Affiant Sworn to and Subscrib Personally known by m �0 p C ION CAROL POLIDFORA '� ' h9Y COMMISS # EE 851758 x: EXPIRES: November Z8, 2014 I I '•',tiF F Bonded Thru Pichard insurance Agency nua ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attor ey le at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate (Initial) Applicable) 2. March 12, 2013 Agenda Item Number 9.13. 3. County Attorney Office County Attorney Office �FAL 3� ISt12✓ 4. BCC Office Board of County Commissioners /( l 5. Minutes and Records Clerk of Court's Office[5�13 �M PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Nancy Gundlach Phone Number (239)252 -2484 Contact / Department appropriate (Initial) Applicable) Agenda Date Item was March 12, 2013 Agenda Item Number 9.13. Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Ordinance �� (( 2 — Z Number of Original 1 Attached 20 T Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's N/A INSTRUCTIONS & CHECKLIST kv.:12 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, .24.05 evised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate (Initial) Applicable) 1. Does the document require the chairman's original signature? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N.G. document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's sip-nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip N.G. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of ytyr deadlines! 8. The document was approved by the BCC on March 013 and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the _ �i Chairman's signature. 1 kv.:12 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, .24.05 evised 11/30/12 0 0 MEMORANDUM Date: March 27, 2013 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2013 -24: Top Hat Auto CPUD Attached for your records is a copy of the document referenced above, (Item #9B) adopted by the Board of County Commissioners on March 12, 2013. The Minutes and Record's Department will hold the original Ordinance in the Board's Official Records. If you have any questions, please feel free to call me at 252 -8411. Thank you. Attachment MEMORANDUM Date: March 27, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2013 -23 and 2013 -24 Attached for your records is a copy of the document referenced above, adopted by the Board of County Commissioners on March 12, 2013. If you have any questions, please feel free to call me at 252 -8411. Thank you. Attachment Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Monday, March 18, 2013 11:56 AM To: Teresa L. Cannon Subject: FW: Top Hat Ordinance From: AshtonHeidi Sent: Monday, March 18, 2013 11:55 AM To: NeetVirginia Subject: RE: Top Hat Ordinance The version that Jeff Klatzkow signed is correct. 'We,4 ,4droa -e&m Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: NeetVirginia Sent: Monday, March 18, 2013 11:50 AM To: AshtonHeidi Cc: Teresa L. Cannon Subject: RE: Top Hat Ordinance The version delivered to Minutes and Records is correct, right ?? sm From: AshtonHeidi Sent: Monday, March 18, 2013 11:49 AM To: NeetVirginia Cc: Teresa L. Cannon Subject: RE: Top Hat Ordinance ninny, Yes. There are new footers and headers because the applicant represented by Tim Hancock presented changes at the BCC meeting. The SIRE version is no longer correct. ' c.* r4ala.' -6z'&' Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 1 (239) 252 -8400 98 From: NeetVirginia Sent: Monday, March 18, 2013 11:29 AM To: AshtonHeidi Cc: Teresa L. Cannon Subject: Top Hat Ordinance Qwet Minutes and Records called regarding the above which the Chairman signed on Friday. They noted the different revised dates in the footers of the Ordinance and Exhibits and wanted to double check that everything is correct? Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 r.,i de' f : da ' � .a; s.. _ ,1e r ub is recofds If vou do not saw e tnad addr- ss re e as e t ". rE s p _. to a ,x.b1c `ecr;rds regU,4st, c o ne I seId 11� zr rS;c mail t., tPt u rti °Ytr <, .: � office �, :u or .�:; u0 ; . . 2 ORDINANCE NO. 13- 2 4 98 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR AN 11.36 + /- ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 84 -34, AS AMENDED, THE PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ -A- PL20120000726) WHEREAS, R. Bruce Anderson, Esquire of Roetzel & Andress, LPA, representing Bic's Investment Corp., petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, Collier County, Florida is changed from the Princess Park Planned Unit Development zoning district to a Commercial Planned Unit Development (CPUD) zoning district for an 11.36 + /- acre parcel to be known as the Top Hat Auto CPUD in accordance with Exhibits A through G attached hereto and incorporated by reference herein. The Top Hat Auto CPUD/PUDA- A- PL2012000726 1 of 2 Rev. 2/12/13 appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: REPEAL OF ORDINANCE. Ordinance No. 84 -34, as amended, the Princess Park PUD, is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this A7., day of ��rc�N , 2013. A;TEST n' BO. :DWIGHT E BkOCK, CLERK CO �BY B BY., Y• A�#�s a� tb'Citait *Vy Clerk sign*ti Only. P_ and legal sufficiency: IA Assistant County Attorney COUNTY9COMMISSIONERS 0VJNTYALORIDA Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Landscape Cross Sections CP \12- CPS - 01167 \38 Top Hat Auto CPUD/PUDA- A- PL2012000726 2 of 2 Rev. 2/12/13 IA A. HILLER, ESQ. Chairwoman EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area (GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New) (Group 5511) B. Accessory Uses 1. Motor Vehicle Dealers, Used Only (Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) 3. Tire Repair Shops, not including Tire retreading (Group 7534) 4. Automotive Glass Replacement Shops (Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops, Not Elsewhere Classified (Group 7539) 8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top 11 at CPUU: Revised March 1 :)), 201 3 Page 1 of 9 EXHIBIT B 98 DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C -4 zoning. TABLE I DEVELOPMENTSTANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 30 ft. / 35 ft.2 30/35 ft.2 • Actual: 35/40 ft.2 35/40 ft.2 Minimum Floor Area 700 square feet (ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard (Airport Pullin Road) 25 ft SPS • Side yard 15 ft loft • Rear yard' 500 ft SPS • Minimum Distance Between Structures 25 ft 0 ft (Principal to accessory) • Internal Drives None None • Lake 25 ft 25 ft 'For Primary and Accessory uses, not intended to include small structures not directly serving the permitted land uses such as an irrigation well pump house. 'The maximum zoned height for the buildings labelled `Service' and `Wash and Detail' on the Master Plan shall be 30 feet, the maximum actual height shall be 35 feet. The Maximum zoned height for all other buildings shall be 35 feet, the maximum actual height shall be 40 feet. Fo1) 11 at CIItj0: Revisal March 13, 20 I a Page 2 of 9 EXHIBIT C: MASTER PLAN: o� aeon l�od�id ;o 3 F �o o o n <1 0 ,- �v T d Y �* $ ►- a '9 Top Ikit CN11): Revi.scd k1ar(h I:i, ?o 13 ll;we 3 of 9 z IA C C u® Q9 FF a {i-IZ4 {t {ii'- I'Ii5 -�14 i ci tg 2� 0:0 W" Z�. o° H OLLIa1� M Y Qr x o mu WZ` O o, a o. J J W 0 a O EXHIBIT D 7 LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right -of -way purposes. 'full I lat ( "I'UI): Ilct,iscd March 13, 2O 1 :; Page 1 of 9 EXHIBIT E 9 LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary fagade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. Tole Ililt ("I'tll): Ilevi.sC,I Iv'I;Irih l:i, 2 U1:), 1 "1ge 5 of 1) EXHIBIT F 98 DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging or amplified systems will be used as part of the daily operation of the dealership. C. The automated car wash will be 600 feet or more from the nearest existing residential unit, with blowers located at the western end of the car wash. Each end of the car wash will have bay doors which will remain closed during the entire car wash cycle including drying of vehicles. The doors will open only for entry and exit of vehicles. d. The service area will be enclosed with the exception of entry /exit doors and a small number of `quick lube' service bays, facing south. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. f. Regular hours of operation will be limited to lam to 8pm Monday through Friday for Sales and lam to 6pm for Service. Both Sales and Service will be limited to lam to 5pm on Saturday and Sunday. g. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times, the service door shall be closed. h. The Type `B' buffer along the north and east property lines will be inclusive of a 6' privacy wall. Beginning from point `A' as shown on the PUD Master and continuing east 100' past the east wall of the car wash and detail bays, the wall height shall be increased to 8 feet. The landscaping on the side of the wall facing the residential shall consist of a hedge and canopy trees as shown on Exhibit G. The hedge shall be Sweet Viburnum and the trees shall be one or more of the following; East Palatka Holly, Dahoon Holly or Pigeon Plum along the northern property line, adjacent to residential. Along the east property line adjacent to residential, the required trees within the 15 foot Type `B' buffer shall be Laurel Oaks, a minimum of 12 feet at the time of planting, spaced no more than 20 feet apart. The privacy wall in this area will be set back a minimum of 10 feet from the property line. After initial installation, the hedge and trees may be replaced with alternative landscaping only with the written approval of the Lone Oak Homeowners' Association. i. Lone Oak Boulevard shall not be used for sales or service test drives by employees of the dealership. j. No gasoline storage or fueling tanks shall be located on the property. k. Any irrigation pump(s) shall be a minimum of 50 feet from residential property lines. 1. The required wall within the Type `B' buffer shall be solid in construction, utilizing a Woodcrete or similar product. Top I lal CI'UI): Rev is(,( March 1 3, 2 0l:; Page G of 9 TRANSPORTATION 9B a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10 -inch water main located on- site. This 10 -inch main is connected (tee and valve) to an existing 16 -inch water main along the west right -of -way line of the southbound Airport- Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8 -inch gravity main / system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off -site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. OUTDOOR LIGHTING a. All lighting will be shielded from residential areas to avoid glare. Lighting will be a directional type, aimed downward with shielding to reduce glare to adjacent properties. Illumination at all adjacent residential property lines shall not exceed .5 foot candles. b. Display lighting will be limited to that area shown on the Master Plan as lying west of the line marked as line `A' and will be reduced to security level lighting at l 1pm. Security lighting that will have a minimum reduction in average lumens of 50 %, will be the minimum needed for safety and security, and will occur in the area between lines `A' and `B' as shown on the Master Plan. No lighting will be located east of line `B'. c. All lighting will be flat panel fixtures. d. Lighting on the perimeter of the project will utilize full cut off shields. e. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. f. All lighting west of Line `A' and south of the Service portion of the main building as shown on the Master Plan will be no more than 20 feet in height. g. Display lighting will not exceed a 1,000 Watt Metal Halide intensity or its equivalent (intensity of LED, or other bulb type). Top I h t C1)tJD: Revised NUIch 1:;, 2013 Page 7 ot9 EXHIBIT G: LANDSCAPE CROSS SECTIONS OVOH ONlllnd - 1b Odbff r fll1��i no 3N11l NINNVi FD- E .F� TOP HAT AUTO PAYIRR/� ePRELIMINARY SITE PLAN w.�ca .�oao.��o Top llal CNUD: Revised March I:i, 2W a Page 8 of 9 24.5' z 24.5' N 0 D D m D W � C A D oi 1� z t PROPERTY LINE (n m m n o �01 m z O °o z : O > 0 Z m D z D n N W r ,n D _ Z c O Z U X O] p (A U! v > ZJ Z m T. 0 D m D D m O m i 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 2013 -24 which was adopted by the Board of County Commissioners on the 12th day of March, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of March, 2013. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners k�ni' y : Teresa n, Deputy Clerk.; j �. 0 a Board of County Commissioners Collier County Commissioner Georgia A. Hiller, Esq., Chair Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Tom Henning Commissioner Tim Nance 1399 Tamaimi Trail, E. Naples, Florida 34112 Dear Board of Commissioners: • 6519 Ilex Circle Naples, FL 34109 Feb. 28, 2013 0 ((4 TM- BY: ....................... Re: CPI- PL201200011364 TOP HAT CPUD Request Enclosed please find a packet of information submitted on behalf of Walden Oaks residents who Q=se the Top Hat Automobile request to change the zoning for the King Richard property located at 6780 Airport Pulling Rd N, Naples, FL 34109. It is our understanding this request will come before you at your March 12, 2013 meeting. The packet contains: A. Summary statement scheduled to be presented at the upcoming March 12, 2013 Collier County Board meeting by Dr. Ron Cleminson. B. Report on "Environmental Problems Anticipated by Locating Top Hat Dealership next to Lone Oak PUD." C. List of residents signing the open letter opposing the rezoning effort. D. Photo of Walden Oaks community pool area facing south towards King Richard's property. E. Planimetric view of Walden Oaks entrance with the proposed Top Hat Site Plan. F. Top Hat Master Site Plan as of 2/11/2013 G. Additional supporting information We have made a sincere effort to include only data we maintain relevant to the zoning change request, realizing, with your many responsibilities and busy schedules, you have a limited amount of time to review the material. In our judgment, we have made a sincere, thorough effort to present a strong case in support of our position — including many justifiable and supported statements and questions focusing on the detrimental cMets of the proposed zoning change for the four existing and two anticipated residential neighborhoods surrounding the property. As a follow up, we plan to make an appointment to meet with you to discuss any questions you may have after reading the material. Sincerely, o� th Lynn, Ph.D. March 12, 2013 Collier County Commissioners Presentation Good Morning Commissioners: My name is Ron Cleminson. I directed the Center for Environmental and Energy Education at the University of Memphis until I retired In 1999. During my career I also worked extensively with the US Department of Energy, Defense and Exxon Corporation. I am a member of the Master Board for Walden Oaks Homeowners Association. I have lived In the community since 1990 and well aware of the residential areas and businesses a" Airport- Pulling Road in our area. I stand before you to Qppow the rezoning effort for the Iang Richard's property and appeal for common sense in this matter based on two unifying criteria - Collier County's Official Interpretation Pertaining to the Application of FLUE Policy 5.1 and the Compatibility of the proposed automobile dealership in our neighborhood. FLUE (Future Land Um Elemoo Policy &I It states, as you are aware, 'commercially- zoned properties, zoning changes, will be allowed provided the new zoning district has the same or lower intensity.' It stands to reason that the proposed automobile dealership, by nature, will not be 'the same or lower" in intensity. No matter how one kooks at the matter, the automobile dealership will introduce far more activity - noise, glare and traffic, as well as water/sewer consumption/generation, solid waste generation. etc... - to our area. Its a matter of common sense no matter what statistical or professional process is employed to have the proposal approved. In actuality, to say More will be less activity is ludicrous. A much more accurate measure would be the Intended use of the property. In this case, projected sales of new and used vehicles, number of employees, bulk Impact of the complex and neighborhood compatibility. And, my last point, the proposed automobile dealership, in every way is identified as a C-5 Use business, New and Used Car Sales. The item New and Used Car Sales is jointly identified in the list of Principal permitted uses. Both, in this case, are major contributors to the Principal aspect of the business - to the success of the business. Approving the rezoning request through the manipulation of rezoning criteria - calling one of the uses Accessory, or Conditional, or whatever - on a property that can only be legally rezoned C-4 at the most so an applicant can conduct business as usual is not, in my judgment, a way for Collier County to do business. Especially for the citizens in the residential communities in the immediate area. Lacll aw The Top Hat proposal does not adhere to the original Growth Mgmt Plan for our area. If approved, it will be the only automobile dealership on the EAST side of Airport R between Golden Gate Parkway and Immokalee Road. As we all know, the EAST side of Airport Pulling Road Is primarily residential property. The major high - density businesses in our Immediate area are located on the WEST side of Airport- Pulling Road - often at the Intersection of major roads and/or adjacent to the County's designated business or Industrial parks. They are not next to established residential and proposed neighborhoodsi At the present time there are 4 existing residential neighborhoods and 2 that are In their Initial stages of development In our Immediate area Rezoning a property to enable a large business - especially an automobile dealership of this magnitude - to locate in the middle of these residential communities Is not a rational move. It seems to me that Collier County developed the Growth Management Plan to prevent problems like this from happening. There are several available properties located on Airport-Pulling Road that would better serve Top Hat's interests, as well as ours. Bulk Impect/Style Based on Mr. Hancock's statements, they will be open 13 hours/day Monday through Friday, with 10 hours of sales and service on Saturday and Sunday. The property will be lighted from dusk to dawn - comparable to the Nissan dealership at 3640 Pine Ridge Road. Even though they have agreed to shield the lighting on what could be well over 50 - twenty -five foot poles, the lights and glare will certainly be noticeable from our common recreational areas and most residents' homes, as well as other residential communities in our immediate area. Another point in support of our position, it was found by the County's Transportation Planning Section that "trip generation" will be "lower In intensity'. I am not a traffic engineer, but after reading the "guidelines° In the Florida Department of Traffic ITE (Institute of Traffic Engineering) Trip Generation Manual, It appears to be based on one dated study for the location. Most reports comparable to this are based on 10. 20 or more studies - some I'm told as many as 100. And, where have you seen an automobile dealership of this proposed size that only has one egress, a very narrow bridge that crosses a canal? Most are located in areas where it is possible to have several areas to enter and exit the property. Also, even with the completion of Livingston Road, it's my understanding the traffic on Airport- Pulling Road alone has Increased 20% within the past yearl The location is simply not appropriate for a business of this magnitude. Again, the original Growth Mgmt. Plan should not be superseded or, in this case, ignored, simply because a property is allowed to be NGrandfathsred In". It's a matter of reason and 'Goodness of Flt", a model that is based simply on a set of observations. To my knowledge, Collier County - in our immediate North Naples area, not the City of Naples - has never permitted an autorrwbile dealership to be built adjacent to a residential area comparable to ours. We, as Walden Oaks residents, find ourselves being forced to sacrifice not only our wellbeing and quality of life, but that which is most Important to us, the investmeM we have in our homes. Our Master Board initialy voted 6-0 to oppose the rezoning effort. We were encouraged by the Planning Commission to "negotiate a compromise" with Mr. Zellers representatives. As recent as February 19, a special board meeting, attended by over 75 residents, was called to "advise us of new information". A list of negotiated "concessions' was presented, however, they could only be considered superficial at the most. At the end of the meeting, a majority of those attending wanted to continue to oppose the construction of the proposed dealership. We have been told we are "victims of Collier County zoning errors of the past and are therefore `Forced" to accept what has been offered. Also, Mr. Zeller is a respected member of our community and, therefore, deserves to be supported in this matter. Well, I disagrees I commend Mr. Zeller for his success as a businessman and I sincerely hope he continues to prosper. I may even purchase a vehicle from him somedayl However, I ask him, °Why have you dwsen to purchase property in the middle of an area that is primarily residential?", "What would you do if an automobile dealership - bringing additional noise, lighting, traffic and other issues - were constructed adjacent to your home?"', "What would happen to your real estate valuer 'Your investment?", 'Your quality of MOO Mr. Zeller, please make an effort to secure another property on Airport- Pulling Road that is more appropriate for your business - a better 'V. We, the residents of Walden Oaks will, over 300 households, wholeheartedly support your effort Commissioners, I have presented my case, your decision today will directly affect us and, if approved, would lead the way for others to bring comparable businesses, large businesses to our North Naples neighborhood. Thank you. ENvntONMENTAL PROBLEMS ANTICIPATED BY LOCATING TOP HAT DEALERSHIP NEXT TO LONE OAK PUD Cou mR Cot MT, FL. 286/2013 prepared for: Board of Commissioners EMMEW _by Elizabeth M. Lynn, Ph.D. Collier County, FL 6519 Dex Rd. Naples, FL 34109 Phone: (239) 254 -1955 Email: Lizlynn44Qhotmail.com 9B " M; EXECUTIVE SUMMARY This report presents evidence that the Top Hat proposal is MI similar in impact to King Richard's outdoor recreational park but is, in fact, far greater. Traffic counts will escalate and negatively impact resideab. Collier County's Transportation Department data shows a 20'14 increase in volume on this stretch of Airport Road, between 4Q of 2011 and 4Q of 2012. Traffic on Airport Road is already so heavy during "season" that • Walden Oaks residents have considerable difficulty entering and exiting the community. Top Hat expects to add an average two-way driveway volume of 2,167 cars each day. This volume will include diesel- idling transport trucks and multiple delivery trucks that will make drop -offs just 167 feet from the community pool. Noise levels will exceed Collier County standards. Within Collier County's Noise Code, residential amenities, such as the community swimming pool, are "considered a residential use." The maximum sound level for residential zoning is 60 decibels (dBA). The accumulation of noise from air conditioners atop a 65,000 sq. ft. building, plus a 4-bay car wash, and assorted pneumatic tools being used in 37 bays will far exceed the allowable sound level and will disturb the peace and serenity of our entry and of the community's single pool. Average noise levels of a single -bay car wash facility — which will be located approximately 167 feet from the Walden Oaks swimming pool — are 70 -80 dBA at a distance of 50 feet. Air anality will diminish. Air pollutants from auto repair shops are well documented by OSHA. Pollutants include particulates, dust, fumes, gases, mist, smoke, vapors, or odors. The National Center for Manufacturing Sciences reports that the public is in as great o risk from fugitive emissions as are shop-floor workers. Top Hat is planning 37 service bays that will generate these pollutants near the Walden Oaks' community outdoor swimming pool. Some residents would be particularly vulnerable to these fugitive emissions: children and residents with respiratory disozdem. Ample, documented evidence to support these claims is contained in the accompanying reporL In sum, we ask each Commissioner to carefully weigh this information. By grandfathering -in the zoning for Princess Park, there may be no option for you but to diminish the quality of life for residents of Walden Oaks now and far into the future. By allowing Top Hat car dealership to move next to Walden Oaks you will open a Pandora's Box of problems for residents of Walden Oaks. We respectfully ask you to vote "No" on Top Hat's re- zoning application. t9B' ENVIRONMENTAL PROBLEMS ANTICIPATED BY LOCATING TOP HAT DEALERSHIP NEXT TO LONE OAK PUD Elizabeth M. Lynn, Ph.D. The purpose of this report is to provide evidence for some of the reasons why the Top Hat dealership is not compatible with Walden Oaks, a community of 324 homes with 1+ cars per home,' located immediately South of King Richard's. If the Collier County Board of Commissioners allows Top Hat dealership to locate next to Walden Oaks, serious environmental problems will result — increased traffic and noise, and diminished air quality — causing detrimental effects upon the residents. I. TRAFFIC After viewing the very limited Transportation Impact Analysis (TIA)',;, Collier County Planning Commission accepted that information as non - problematic. Following the Commission's decision to re -zone, residents of Walden Oaks have conducted research and strongly feel there will be problems on Airport Road that will have a strongly negative impact upon our community. 1) Airport Road's capacity in this section will become strained even before the addition of traffic from the Naples View or the G&L development. Top Hat volume will emburden Airport Road further. 2) The measurements used in the body of the Top Hat TIA are misleading; "trip generation" figures matter less in this case than "driveway volume." Trip generation comparisons in the TIA are not valid. 3) Existing difficulties in making left -turns and U -turns (essential for residents) will worsen in this section of Airport Road with the vehicle volume added by Top Hat. CAPACITY FOR AIRPORT - PULLING, NORTH OF PINE RIDGE County statistics show that the volume of traffic is rapidly increasing on Airport Road from Pine Ridge to Orange Blossom. As North Naples has experienced rapid development, residents of Walden Oaks have found it increasingly difficult to enter and exit their PUD safely. ' Information from Ronald Cleminson, long -time HOA President of Walden Oaks. 3 Submitted by Norman J. Trebilcoek, AICP, P.E. for Davidson Engineering. 8101/2012. See "What should be included in a traffic impact analysis?° Community Guide to Development, Univer. of Wisconsin. resourcesrm_pecLil nalvsis tratTc dad 2 f 9 B 'i In fact, the 0 quarter of 2012 showed a 20.27°10 increase over 2011 in traffic volume on this section of Airport. % Increase in Traffic VOW" NrW from Pine Wdae to 0-90 Blonaa IOU.= a „' -- 1s' 102! slot 0 Z c ■ w, 3 3 rt QUESTIONABLE MEASUREMENTS IN TIA "Trip Generation" Comparisons invalid Top Hat's TIA has used "trip generation" as the standard to compare likely traffic to King Richard's; however in this case, trip generation is not a good measure for comparing Top Hat traffic volume to King Richard's. Trip generation considers the intent, or motivation, of the driver. That is, if I plan to go to a park charging an entrance fee, that is clearly a valid "trip" to include in a trip generation count. McDonald's restaurants count more on "diverted" traffic for its business. Diverted traffic is already part of the traffic network, and is not a "new" trip.4 The statistical methodology is affected by the change in driver motivation. Limited Comparable Data in the TIA Study Most important, the State of Florida's 8 edition of the ITE Trip Generation Report cautions anyone using its figures for Princess Park (435- Multi - Recreational Facility), saying only one study has been done.s If not invalid, it is certainly questionable to compare hundreds of studies done on new car dealerships to a single study on a different kind of business. Expected Driveway Volume: 2,167 Cars In this case, a more valid measurement of the traffic impact is "driveway volume," a figure buried deep in Appendix C of the TIA," which measures 2 -way traffic in and out of the dealership. Top Hat is expecting a daily driveway volume of 2,167 cars. Top Mat Expected Driveway volume 2500 - 2000 —� MO 1000 i S00 0 Mon. -M sat -1Z 4 Definitions obtained through two conversations with Anthony Khawaja, Engineer, Traffic Operations, Collier County, FL s "Trip Generation Rates from the Be Ed ITE Trip Generation Report." h, rr ,.a dotgate fl giManine systcmgNM4•,.,.,D&D&odsftM0TrigW0Gen.xis 3 W X Since Airport is one -way in this section, these figures must be halved for mathematical purposes to show the total impact on Airport Road; but, even halved, they still indicate a significant burden on Airport and on the sole entrance/exit to Walden Oaks. Average Annual Dally Traffic 2012 with Top NO Inman of 1014 cws/dry u uu ■ ADT 2012 ■ Top Hat Drive -way r ... ..... _ '' Volume • MIN aM W" Boa• i f C—N0" OTHER TRAFFIC PROBLEMS EXPECTED Lack of Dual Access For practical business reasons, car dealerships like Top Hat usually locate in areas where they have dual access to arterial and collector roadways. The Princess Park PUD is not such a location. The sole entry /exit point is onto a major arterial divided road, Airport- Pulling. There is no connecting collector road to ease traffic volumes. Existing Entrance/Exit Problems There are no stop lights between Naples Blvd. and Orange Blossom to control traffic. All traffic exiting the dealership must make a right -turn and go North. All cars exiting King Richard's must turn right (North) and pass the entrance to Walden Oaks. Cars exiting Walden Oaks must wait for all such Northbound traffic to clear before making their required right turn. Residents have current difficulties exiting onto Airport as they wait for the un- stopped flow of traffic to pass from Barron Collier, Naples Blvd., and Willow Park. Existingz Left -Turn Problems Increased dealership traffic will also add to the left -turn problems that currently exist at the sole entrances to Walden Oaks and to The Carlisle Northbound Problem in Makine Left Tum Northbound Walden Oaks residents wishing to go left (South), must dodge across three lanes of heavy traffic to reach one of the two U -turn options: 1) a left -turn cut -off in the Northbound lanes in front of The Carlisle entry; and 2) Orange Blossom Road. Cars exiting Top Hat would have the same problem. Southbound Problem in Making Left Turn This left -turn problem is only slightly reduced for Walden Oaks' residents travelling South. Walden Oaks residents who travel south on Airport- Pulling have to be exceedingly patient for the large amount of traffic to pass before they can turn left across the 3 lanes to get to their homes. In February, 2013, two annoyed residents took counts of traffic passing before a left turn could be made. One person waited while 97 cars passed; another person counted 54 before she could turd left into the Walden Oaks community. 4 1 g B `1 Transport Trucks Idlins Transport trucks pose several problems. Top Hat is planning on at least one — hopefully more such trucks daily. Depending upon the air - conditioning system in the truck's cab,b diesel trucks may idle until all cars are loaded/urdoaded, regardless of any "turn- off - ignition" policy Top Hat may establish. Truckers are less concerned about the cost of gas and contaminating fumes than they are about climate control for what are, essentially, their homes. Walden Oaks residents are extremely concerned about the presence of these fumes near their swimming pool. Secondly, transport trucks will not be able to turn left when making deliveries. To exit, they will need to make a right turn, and then will block all 3 lanes of Airport till they can straighten out. They will then drive North to Immokalee (another right- turrtl passing the Tiburon Resort/Golf Course and Pelican Bay Elementary School. Detivery Trucks Trucks delivering car parts and other packages will use a service road that will only be a few feet from the entry road to Walden Oaks and within 200 feet of the community swimming pool. Their motors, noise, and fumes are of concern to pool -using residents. Imoact of Season Seasonal traffic has a major impact upon this area of Airport-Pulling and compounds the difficulty in entering and exiting Walden Oaks. Adding 2,167 cars per day to this already busy section is not a good idea. Traffic Summary The residents of Walden Oaks feel that locating Top Hat next to our residential community is a poor idea due to 1) the impact of Top Hat driveway volume added to the increasingly high volume of Airport, 2) the increased difficulty of making left -turns across Airport, and 3) the volume and exhaust fumes from transport and delivery trucks. II. NOISE Importance of the Pool to Residents Walden Oaks is a noise - sensitive residential community, including single-family, attached villas, and multi- family homes. On average, there are two residents per home, and the majority are year -round residents. These homeowners share a common single pool, two tennis courts, and a clubhouse at the most westerly part of the development Other than those amenities, homeowners have no yard -space for private pools. There are only miniscule yards dividing properties. Consequently, the community pool enjoys heavy use for social activity, water aerobics, and teaching children to swim. The pool is located just 167 feet from the boundary where Top Hat plans to put its 5-bay car wash.' f A diesel truck driver eakplsined to Yahoo that climatic control is the primary reason tracks are allowed to idk: "... a truck drive's muck is his or her HOME while on the road. He or she sleeps in there, re loxes, watcbas TV, sorb floe Internet. ... some of us even cook dt eat in our trucks. Many of us also have peter, and wouldn't dream of endangering THEIR life: by leaving them in a too -hot, or too-cold track. You wouldal want to try to sleep in a ve hick, in the Arizona doer% in July, 110 degree heat, with no air conditioning, would you7" 7 As mew by threat line on the Collier County serial photograph of the propatiea from the boundary line to the pool Collier County Noise Guidelines Collier County's Noise Code has been established to ensure "the enjoyment of life and property in the County" Within the Noise Code, residential amenities, such as the Walden Oaks pool, are "considered a residential use"$ The maximum sound level limits for Residential zoning from 7:00 am. to 10:00 p.m. are 60 decibels (dBA).9 However, because the Code allows "exception for existing operations," if Top Hat builds next to this property and, subsequently, violates the noise code, it will be too late to correct the problem.'o Noise Problems with Too Hat Part of Top Hat's ply is to build a 4-bay car wash and 37 -bay service facility. The total stationary development will generate noise from ventilation/air conditioning, loading and unloading activities, parking lot activity, jet - stream washing and blow -drying 75 vehicles per day12, and compressed -air driven tools such as air guns, impact wrenches, air drills, hammers, grinders, and ratchets. Most of this noise will occur on the North side of the Top Hat plan, 167 feet from the Walden Oaks outdoor swimmingpool throughout the time the pool is in use. Tool Noise According to county - reports throughout the country, Top Hat's service bays and carwash bays will be noisy. In a major study of auto collision repair shops, "the majority of tools generated noise levels above 85 dBA. Air guns, wrenches ... and air drills generated noise levels with the 5* percentile above 90 dBA. Mean noise levels generated by hammers, grinders, and ratchets were also above 95 dBA. "13 In Sacramento County, "noise measurement date collected at various locations indicate that a typical impact wrench produces a maximum noise level of 73.3 dBA at a distance of 50 feet. "14 In a 37 -bay servicing shop, it is reasonable to assume that 3 or 4 such tools would operate simultaneously, creating tremendous noise and disturbing the peaceful tranquility of our pool. Air Conditioning Noise Air conditioning sound data varies considerably but, unquestionably, all A/C systems generate noise. In Costa Mesa, a CarMax Superstore project of 40,363 square feet put ten (10) condenser units on the roof of the new building, ranging =71s ling capacity from 3 tons up to 17 -1/2 tons. The resulting noise level ranged from 51 -53 A greater capacity will be needed to cool Top Max's 65,000 sq. ft-, producing a higher level of constant noise. Car Wash Noise Car washes present special noise problems for residents." Top Hat plans to operate a 4-bay car wash. Most research has been conducted on only singlo-bay, rather than multiple-bay washes. Collier County, Florida. Code of Or&wnces, Sec. 54-92 (g) (2� s Collier County, ty, Florida, Code of Ordinances. Sec. 54-92, Table 1. 10 Collier County, Florida, Code of Ordinances, Sec. 5447, bwraptiom, M. Top Hat revised proposal, Feb. 11, 2013. 12 Tim Hancock statMMA to the Collier County Planning Commission Meetin& Jas 17, 2013. u Bejan, Brosseau, & Parker, "Exposure Aaseamrent in Auto Collision Repair Shops," Jow nat of Oecapmtonod and Eavb+wanewd JWew, Vol. B. Issue 7, 2011. 14S County. General Plan, Noise Element, rsDreR Noise Ammneat for CWM&x FR, City of Costa Mesa, Calff m* Report 02007 -148, May 17, 2007, u "Car wash owner is a noisy blowhnd, claim angry Neighbors," bUDAyww daily 1250% rbestcarvsah 2012 07 27 bk.htmi 6 However, multiplying the research results by 4 should provide a good sense of the volume four car washes would produce. In Escondido, county planners received manufacturer's data on Aerodry Systems 15 hp. "reduced - sound" motors. The sound level for a 4 -motor blower for a single -bay car wash was 86.4 dBA at 20 feet." In Beaverton, Colorado, the noise impact assessment was conducted for a CarMax carwash. The sound engineer reported that the car wash noise level was 84.5, but that it would decrease to 69.6 dBA at 50 feet, to 63.6 dBA at 100 feet, and 57.6 dBA at 200 feet" In Sacramento County, an acoustical study of car washes reported that "Noise measurements of various car wash facilities indicate [that] typical average noise levels of 70 -80 dBA at a distance of 50 feet from the wash tunnels are common. "19 Cumulative Noise Walden Oaks residents have not had the funds or time to hire an acoustical engineer, but strongly believe these noise sources from air conditoners, pneumatic tools, and multiple car washes are not separable sounds. They are cumulative, would be constant, and would have a significant detrimental impact upon users of the Walden Oaks swimming pool. III. AIR QUALITY Regular pool -users from the Walden Oaks community include residents who suffer from asthma and other COPD diseases such as emphysema Two major studies stow that the "Accessory Uses" — 29 service bays — planned by Top Hat will generate definite environmental hazards for these residents who already suffer from respiratory difficulties. The accessory uses (approved by the Planning Commission) may be even more dangerous for small children who are frequent users of the pool. As these studies report, air pollutants include particulates, dust, fumes, gases, mist, smoke, vapors, or odors.20 Known occupational risks for the SIC codes that Top Hat plans to use include: adverse nervous system effects, bronchitis, asthma, and carcinogenicity. 21 The findings from both studies are sobering. Top Hat's representative, Tim Hancock, has told Walden Oaks residents that Top Hat would keep all 37 bay doors closed. There is a major problem with his solution for Top Hat workers — they would then become the victims of the chemicals they usel And OSHA would be opening the doors before long. "Noise Impact Analysis: Talk of the Town. Escondido, ran., 26.2012, Staff Report. Planning Commission, Beaverton, CO. Oct 28, 2009. Condtional Use Analysis and Findings, CU -22, httpJ/ beaverton .gmicu&com/Met&Viewer.pbp?vitw id- 3&clip id-436&mda id -21972 19 Noise Element: Socrtimeom County, 0 "Environmental Compliance Guide for Auto Repair Shops," Office of Compliance Assistance and Pollution Prevention, State of Ohio, Columbus, Ohio, March 2007 (update). 1 Konstyantyn.Ussar, "Should Auto Body Repair and Point Shope in the State of Rhode Island Be Regulated Under Industrial Pretreatment Program?" 2004 Thesis, Center for Environmental Studies, Brown University, envsuWks brown %/ The NCMS Study: Known Emissions from Auto KcR& Shona The following NCMe table shows the total emissions (in tons per year) from the automobile repair subsector for volatile organic compounds (VOC), nitrogen oxides (NOx) and hazardous air pollutants (HAPs).23 Top Hat dealership is planning to implement most of these SIC codes.x SIC Subsector VOC NOx HAP 7532 Top, Body, and Upholstery Repair Shops and Paint Shops 2,510 29 102,909 533 Automotive Exhaust System Repair Shops 0 12 534 ire Retreading and Repair Shops 162 6 65 536 Automotive Glass Replacement Shops 7 0 14 7537 Automotive Transmission Repair Shops 7538 General Automotive Repair Shops 363 7539 Automotive Repair Shops, Not Elsewhere Classified 4 7542 Carwashes 7 1 1 7549 Automotive Services, Except Repair and Carwashes 22 0 2 Total, all automobile repair subsectors 2,709 36 103,360 5541 Gasoline Service Stations 10,523 96 21,973 Total, all automobile operation subsectors 113,111 1132 1125,333 This NCMS report goes on to say: "To some extent in repair facilities... the pxbUc Is In as Intonate contact wltk fugMw enksions from asttonwdw srry Ice operas as workers on toe shop floor are to emtsslons front lndusWel processes." Ussar Thesis: Hazardous Wastes from Auto &WrShops In 2004, a graduate engineering student in Brown University's Center for Environmental Studies studied three categories of the auto business in Rhode Island for potential hazards to human health and the environment.-25 - automotive body shops and paint shops - general automotive repair shops - motor vehicle dealers (new and used) His findings should give pause to Planning Boards nationally and are of great concern to the residents of Walden Oaks. His investigation found that the types of waste generated by auto repair shops included: - oil and grease, - refrigerants: hydrofluorocarbons - coolants: ethylene glycol - battery acid u The National Cenwr for Manufac turh* Sciences (NCMS) is a non-profit collaborative maenfk aping consortium of 175 North American corporations. ='NCMS, Environmental Roadmapping Initiative; Impacts, Risks, and Regulations; AMmotive Services: Ruts. htipJ /ecmxicros.org Mrow/IRRautoserv.Mm sr Top Hat Proposal, February 11, 2013 revision, Appendix A. Permitted Uses. 25 Ussw thesis, op. cit 8 M 4B f, I - heavy metals: auto body paints and thinners - cleaning solvents' - used oil filial - paint- contaminated wastes - end -of -life batteries and tires -shop rigs - absorbents - mercury switches - catalytic converters - asbestos brakes - solvents, paints, adhesives Risks to Humans The risks to humans from these products were divided into two tables: risks from organic compounds, and risks from inorganic compounds. The tables (Appendix 1) provide a frightening insight into the need for political bodies, such as the Collier County Board of Commissioners, to carefully control the exposure humans have to these compounds. ImR19 on Walden Oaks Air Quality The organic and inorganic compounds that will be used at Top Hat will surely at%t its workers, which is a willing risk they bear at employment Walden Oaks' residents are not willing to share these risks. Our children and our residents should be able to enjoy their community pool without breathing in contaminants. WA J HIV, In sum, we ask each Commissioner to carefully weigh this information. By grandfsthering -in the zoning for Princess Park, there may be no option for you but to diminish the quality of life for residents of Walden Oaks now and far into the firture. By allowing Top Hat car dealership to move next to Walden Oaks is to open a box of Pandora's problems for residents of Walden Oaks. We respectfully ask for your vote. Please vote "No" on Top Hat's re zoning application. 9 9B OCCUPATIONAL AND ENVIRONMENTAL RISKS FROM ORGANIC AND INORGANIC COMPOUNDS` Table 2. Summary of Risks Occupational Risk [15] Environmental Risk [15) by the Contaminant Contaminant Inorganic compounds Aluminum Respiratory problems Can be taken up into some including coughing and plants from soil; not known asthma I to bioconcent ate up the food Arsenic Abnormal heart rhythm, Cannot be destroyed in the damage to blood vessels; environment; dissolves in death water; fish and shellfish can accumulate arsenic Cadmium Damages the lungs and can Binds strongly to soil cause death particles; doesn't break down in the environment; bioaccumulates; fish, plants, and animals take up cadmium Chromium Can cause stomach upsets, Binds strongly to soil convulsions, kidney and liver particles; dissolves in water damage, and death Nickel Causes allergic reaction; Binds strongly to soil chronic bronchitis and particles; doesn't reduced lung fimction I bioaccumulate Lead Affects almost every organ Does not break down; travels and system I long distance in air, sticks to Strontium Can damage bone marrow Dissolves in water; gets into and cause anemia and groundwater prevent the blood from clotting properly Vanadium Lung irritation, coughing, Stays in the air, water, and wheezing, chest pain, runny soil for a long time; sticks to nose, and a son throat soil sediments; doesn't 26 26 Ussar thesis, op. cit 10 i B Zinc Can cause stomach cramps, Attaches to soil, sediments, perchloroethylene nausea, vomiting, anemia and dust particles; bounds to speaking and walking, soil particles and does not unconsciousness and death dissolve in water; builds up Carbon tetrachloride Causes liver, kidney, and in fish Orpsk Compounds Tetraahloroethylene, or Dizziness, headache, Biodegradable; does not perchloroethylene sleepiness, difficulty in bioaccumulate speaking and walking, unconsciousness and death Carbon tetrachloride Causes liver, kidney, and Forms chemicals that can central nervous system destroy ozone m the upper damage, probable human atmosphere; very stable in carcinogen air (lifetime 30 -100 ears Methylene Chloride Causes dizziness, nausea and Biodegradable; not known to a tingling or numbness of bioaccumulate; does not finger and toes easily dissolve in water 1,1,1- trichloroethane Dizziness, unconsciousness, Destroy the ozone layer, low blood pressure, and loss travels with water, may last of heartbeat for about six yew in the air 1,1,2- trichloro- 1,2,2 - Affects nervous system; not Stays in water for a long trifluoroethane, or R -112 carcinogenic to humans time; breaks down slowly in air Xylene Affects the brain; causes Biodegradable; small headaches, lack of muscle amount builds up in fish and coordination, dizziness; not plants carcinogenic to humans Acetone Causes lung, and eye Biodegradable irritation, headaches, confusion, effects on blood, unconsciousness Methyl isobutyl ketone Causes gastrointestinal Biodegradable; expected to (MIBK) disturbances and central be confined to the local area nervous system impairment in which it is emitted; gets into groundwaw Ethylbenuae Dizziness, throat and eye Biodegradable irritation, tightening of the chest; not carcinogenic Cresols and cresylic acid Causes irritation and burning Quickly breaks down; does of skin; heart damage; liver not bioaccumulate and kidney damage; coma; and death. Toluene Affects kidney; causes Does not usually stay in the dizziness, unconsciousness, environment long; does not death bioaccumulate Benzene Causes rapid had rate, Biodegradable; does not headaches confusion, bioaccumul into 11 0,9B I 12 unconsciousness, death groundwater Isobutanol Is a questionable carcinogen Biodegradable; does not bioaccumuh to Methyl ethyl ketone (MEK) Reduction in nerve Highly mobile in the natural conduction velocity, environment; rapidly memory and motor metabolized by microbes alterations, dermatoses and vomiting. Isocyanates Sensitization and asthma, Not known ;qwumoriiti cancer I 12 9B LE nm TO ALL COLLIER COUNTY COMMMONM 'O "MM M TOP HAT AUTO CPUD W% a Wawa Orb raeideots and imnieeeed ad=a% OPPOW me oMftM oe 10 acme PriooM ftdc (Ring R p� di�riCt 0 r may' MW tM PONNp threat W 3S to 47 1 nW and wrwoe �Oe waU ae ZSU � Ndw DOW dw 4 baq ar wa h End 37 ligW on the bio �d our Community. in ad�tion, the � �n WM do AIC Abe ice. U WOO s: the PoDMINU and the tneft hwu U we aft and 77 � Road wiU ' peapoaed deskr�p �p be open vaines * P� we b0� �reMd ty will &ftdc dty amff wi real awed on The d� of oanwiaeioae�s C°Y " c mmiaion a Pu dad ae !br wftW the pwvWing Mviou to g11D 0� � H& orthe of �,.. Pe oc the " MUNNO . pbs" o hr � e u� � A� j. aw►1es Ow c3w,?e�,6cvb a r, a Sam- AN OPEN LBT'M TO ALL COLLIER COUNTY CObtMMg�p� OPPMMG THE TOP HAT AUTO CpUD We, ae Walden Odd reaid t ad wed oftWeak ORNM gm aiOMM m °we do won of the Ptinoeae Pads (KW g PM 'o � TOP � Anb CP[1D b allow llplgft b"didng our a car P�1 WW- 'U twq POW* OM 33 to 47 � savfae bans. as wall ae the P0OL Nave OM the 4 bay ow aa& and 37 nodoe" Batas 23 A U06 on the tbmugaod °m' O0 In addttipq the ooh noire Jim wfH Aye AIC Abe exit 6M u wdl ss the P and the ttdk h=w r we moat and oPOO 7 dqs a weer � 1y. ant p�opoeed Beata wM be eetaa eahm in our ooaoq, n 3►• at�Ct the red As softd on The Bond of oommiaeiotiers "...are � �edotter's pabliahed w the mew queftofUh ofew dtiaets y,� ° PeiD10°t the bear, ahCj►, "Ma u ft. PIM" O oM 98 � ,W ��.b s Addles C4 -� • V�fijUN �.. 9B +tai ANA Lffr= MAUCOUM COMM �> O"MJ G Tm Tor xwT AUTO W% as Walden oalu r ddmd aed �leserbod ci !=M C*?M f dtnaooe m Q*F fie =ft chumwan Of ft Ptbtoess Pads Oft RidmmQ PW weft mot ID " Tcp Hat Auto CM to sUaw btdldim a ow aww tp via ass eww rw* bo ft* m psopM MIS Mv, posdbly done 3S to 47 I s" and seru►ioe b"lup wOdd ovatshadow oar beaurt W comM* pool. NOW ftm to 4 bay oar vink and 37 savke bays, as waD as the numimum 25 R. lidfits on an p mpwty, will owm* be amble throadboat Our aoMmumty, la addi m to 0000M noise Son the AIC wiIs, JO wash bimm and *AM as wall as de pdIUWM and the Wft isines as we a sw end aodt oo Airport-Palling Road will incase dramstica ly. The peopcold dwhmbip wM be Opm 7 dop a ; dPOndhoat Pod use hoar, and in naality, will ditecdy agect the sal "oft values in our aoatmmity. As stated on The Booed of County C pa *dwd webpq, do eornuniistouen "...aro resPorw'bie !bc po�vidiod sacvkas b pc+ateot the bed, saSety, walfin and qu ty of life of fin cddaem of Collier Caeeuty." We awed hr you to meet year wry eodblliy► d ss v our «mmmmw ft- Fft � OPr OSZ Me sop HO AM* CPUD dbrt SiOoertta+e Addwm BI AN OPEN L n='ISO ALL (OU= COUWY CO>Idl =jONM OPPOMO TM TOP HAT AUTO CPUD W% n WSW= oab nwideots tact iaoee - " I chh m, OPPOSE dee adioom to � she d ofdw Priooeee Pact QU% Rte) PUD zocdqS fJaiot to bwdeft A* Top Rd Auto CKM to ADM bWWmg a oar dealarddp with aesooiaied mpok our PaPmtY• 11e twOo possibly thneo 35 to 47 R. tales tad =via bdWinp would om*&w our beaWW aonmaoity pool, NOW ftm die 4 bap► ar wash tad 37 service bays, as well as the numearm 25 R. Bob an the pe+opeety, wiU owMdy be nodoaabie dwoghout our coo j'. h addiMao the ' O=Mnt noise flan the AIC tails, Jet wash blow= and AM r MR as dw poROM and dee teafe tssuee ss we GVw and wk an Airport -PWft Road wW irusm filly. The peopow d deakrddp wM be om y dws a wedgy OMOOM pod vse hours, and in era *, will din dy aflbot the nets aseete vainer in our oommu tty. As stated an The Bored of County Ccnm�issioner's published wabpa^ the oommiadonees "...aro n1ponsWe for providing socvios to proteaR dce bey" adaty, weMn and quality of life of der cdd� of Collier Co mty." We need for yaa to meet Year fideduy �tj► to m wks tar �m�. MOM* OPPOW OW TV >� AM CrciD s qp aw Addma Ou v - R i au r. M - Id WWII N PEI OX; f9B "n AN CFW Lffr F.R M ALL CUIdM COUNTY C hGWMONM O"WINO THE MP HAT AUM CMM W% as Waldm Oat tssifta and osied aidaees, OPPM the aefae m dew tba coning aWdBaatioo offs Priacesa Pads (Bind Ri&M*"WOW awid b the Top Hat Auto C" to aWw bWft a aar dealorsltip with amdaW repair off PmPWW 'ft %% Ply throe 35 to 47 R sales and service baBdinp WOald ovenhudow our besedfal 000rmu by POOL Nolse ftm the 4 bqr off wash sod 37 service be^ as well as the mmmm 25 R Hoft on the property, wM certainly be udwabk trou&w our ocoraoaty. In addidon, the constant noise *om the A/C tmi6 jet wash blows and 5m, m wail as the p Os ob and to teafe issues as we a0w and aadt on Airport -Ming Road wM inaaae dranudc aDy. The propaed dealerft wM be open 7 days a wear ftuu&w Pool use haul, and in reeHty, will diceattlr anbot the real estdo vahm in our oammdty. As stated on The Board of County Commisdooar's PdMdied webpelA the oommisdonas "...arse respomible for providitq services to Ptolect 00 bealth, nky, wW& and q=IIW of ft of the dtla of Collier Cmam m We and hr you N areal yew �� ,se ` I our �wmky- rkm OMXM as Top Het Ams &bD aAbrt. stostam Adds am WMAJ [FJ 4 4 Vf, a!/f./ Ad I fw 92 _I y _r4ti.z 1 til �ti 4.8 c- !9B AN OPEN LETTER TO ALL COUM COUNTY MMMURO M O"OMG 7M top xAT Auto CM W% r Walden OWN rew&* and fewmw ciw= Oppm me ormou oe to 'b ft TOP xs: c �PrinA m Pads aft fthwo PM =aim ftft baAft ow a car de Wft *6 amobftd y Ply three 35 to 47 R. sates +md service buUdlop seevioe biq►s, as wall as the P001' Noise S+om the 4 bay ar � and 37 our ooa y. In &Wh O � &M dw be bioa�ees and fans„ as wo as the POMMN �b and the udb iss�ees r %v eocit on Aiepod- Puttf* Road wp a PraP dealorship will be moft VANS to our °O Pad use hours, srrd m m ty, wa db"* affect the ral As sWed on The Board of C � Commiaeiooer's oaanMsdone "...are respoode for providirg serviess ev p the aad gpallt�► of Htb of the dejaens of Collier C000q , "►• Wi :Iasi hr ysm to steel YONr fidedgy n� l in - PUN" OrtvO6 tam TV nW AM* -11 o6 I-,ota Ocr -t (I/?. MrS AN OPEN LM7Mt TO ALL COLLIER COUNTY COh& SSr0N,B,itS OPPOSINO 77M TOP HAT AUTO CPUD wg " waldan Oda nddwb and inknelad oiliaed, OPP08B do ardhIme too chance the =o6 do fficW n of dw Priwm Park (Y-mg Riaheed) PUD aomlqg &Mict to the Top Nat AUID CPUD b allow bWft a ar dea a ft wdth aaocabad np* our may. Zbe tw0s PM ft ft= 35 to 47 it. UW and aarvioe bniMiqp wmW o ow our bewmdN oaowgr Pool• NOW ftm the 4 bay ow vmuh ad 37 mvice 1R, ae wall ae the nwnwar 23 R H*ft on the property, will oertdaiy be ist M& bin and our community. In addidom, the oametant ndae tm dw AIC � ae veil m the POBWWate and the waeic ieeues ae va aver and G* an Aiipo WultiezS Rod wM Lw*m dneroatically. The A,opobd dakrft wit! be OPM 7 drp a week; &M&w Pad un Mom and in reality, wM diiI* mffM the and eetata vduea in our commmaky. As eteoad on Tba Booed of County Comeniaeioner'a pubHebad Mabpepe, the "...we reepON" for peavidind earvica to peatact the baaM, nay, wroliW and gwft of ft ;f gm offlno of Co1Nar County." wo n"d hr yap to reef yew nftduT lart� i vbn aw �om.=10 maw* 0"0" tae Top use mm c�D rA :09B . a Walden Oaks Petition Ths following list of rosiderrts and Inwood dmm OPPOSE the pro moo Top Hat PUDA PeMbn - an amendment that would avow for the rezoning of the King Richard property to permit an auwmodve dealership with aseod facilities Including new and used car sales, repair and paint fadNdes, as well as additional IWIng and use of signs assodated with business. Signature Adder /}i-iz. rn� C�r,i�.% -- - '7cq 6 7 1,O1%-`F 11 /AeA ilc d en 0-7 Low - Oc.� 13(,I 70,7( t. , )o4 2, Walden Oaks Petition The following Iiet of resldsrrte and interested ddmns OPPOSE the wqx eed Top Hot PUDA Petldon - an amendment that would allow for the rezoning of the IQAp Richard property to permit an aulomoft dealership with associated. faciNes k new and used car sales, repair and paint foci kkw a well as addlNonal IVvft and use of signs associated with busies. Signature Address _ _ G � L 1—I o P AA tic e Az�� Pool 6-C eg-A- CI L-4'- -b.7�k V�3 2&wyww�.� Zte-1Z • �S�if�i 710 6sz� 6s�� • cox c r�L Lhna Dak d A410 Cxts., � reV O -e4t-.. 1 I'A diviJ4 I 3-LIA? J4' FA 09B ? :, L1 Walden Oaks Petition (1 Ths faiowirg list of residents and inbarested citizens OPPOSE the propoeed Top Hat PUDA Petition - an amendment that would allow, for the rezoning of the King Richard property to permit an aukxnod" dealership with erseod dee 1 facilities including new and used car series, repair and paint facilities, as well as additional lighting end use of signs associated with business. Signature Address .. . •.. i WI WI Vii - "&U= 9B Walden Oaks Petition The tDowing list of residents and interested dams OPPOSE the proposed Top Hat PUDA Pedtlon - an amendment that would allow for the rezoning of the King Richard property to permit an aubomotW deep Wfth Ummated faciUdes including new and u9ed.car sales, repair and paint f eftes, as well as additional Nghtlng and use -of signs associated with business. r.: Signature Address . t Zrfa 07 �r 4 W. � '! - — -- --- 0 e, 09B Walden Oaks Petition The foNowirV IM of resident and kftmaw ddzens OPPOSE ft proposed Top Hat PUDA Psddon - an amendment that would albw for the rezoning of ti's KkV Rbwd property to pertMt an aubmdo dealtWhip with Mdeed fadIN" Ind j" new and used car salsa, repair etrtct"W fadli IM as Wd ae addibnd Iigh&V and use of sid * ammdated with business. s Address 0,* K arJd . ' sk ` 660 I z �°, _��Cxf Pal 65xrz- -x4p-z �� " ,//' r ' � ,l• / /r _ /fir �� yf ', M I AJ 2AWGIRCC ooJt V-0 /GJC Cie F f:(a+ 1. ��.�r , }� � % 'Sr.... 77' _ /j •. ✓ i .� FA Walden Oaks Petition 98 �1 The Ong Im of mirk m and keerefed citizens OPPOSE the prqmw Top Hat PUDA Peddon - an amendment that would alow for the rezoning of the King RWW property to permit an auWmodve dealership with essodsied fadIdea induding new and used car sates, repair and paint fadIdw, as well as additional lig "end use of signs associated wkh business. Signature y ice. Aftwh w of rMldenbt and k - lerwled wart = ft pq f Top Hit. PtJL1A - an ams�ialwit to would som n d1lo of i f a � FWwd p op�i p an 1 modes s dM dull wMh ae cirled 1rdOn ie-ofudrip rww and; and MIM; snd paint fesy ss w� olt addfiarl and uee of sus wNt bueirrees. 01hs , w fps mods serb�a alfat b nwjbh-#wkftftGfour n@Wko hood in our nsnk ft adOm M nuke lo-Ow and Waft assod�d wdh a budri thN � vM *oft effect the vskrs of our harms, as won as ;s se�tetics and quaRy of Ills in our oo ommsAy. The 1eerin0 vrRrictt b UrdoItaNy scfwdii od for the follwaft thew Collier County Pkvv*ip corrnni« ion: Jan am 17, 3013 Board of CoMer County Conmdooiorom Uscft 1Z, 2013 Ple pion b sOwW the 1Minga 'C2�/ 1 98 �--4 , 9B Walden Oaks Petition Mw following list of residents and intie m*W cItImm OPPOSE the proposed Top H PUDA Petition - an amendment dart would allow for the rezoning of the King Ri property to permit an sutomodve doalerahlp with fa 9des Including now and used car sales, repair and paint facilities, as weN as addidonai Ighdng end LM of sits associated with business. Signature Adder Walden Oaks Petition Tns f011owing Nat or resirdente and Intereatsd ci&" OPPOSE the proposed TOP Hat PWA Peddon - an amendment that would dow for the rezoning of d'ts King Ric wd property to pw t an auaomotive dealers with aasoc rim i facilides ln* din0 new and used car sale99 repair and Pala fadidus as well as aciftmai lighting and use of slpns associated with business. Address lee Y-G Okk) e:Z - &A � �r 98 t AN OM LETT�BR/�pM AAL.�L}Q�O�L/IM COMM T�Y CO1�IIv1188IONM Orr lM ffl 1 PFMTAViV We, as WWWm Orb :e"oft and I I I 'dftm 0PP004B 6* 1 d1anoe to &MW the m ft olrsaiSoat of & Panoeas M 0&9 Ri two mm soft &OW AD the Top Hat Ante CM m slaw bait a car d Waft wM mmmi ted rep* baMft oar p mp irW. The twp, "ft three 33 to 471 sales and seevb bttlld'W wadd ovacabadow ow beao M aonmru 1W pool. NOW $vm the 4 bay oar wmb and 37 servloe bays, as wdl N the ZS ft. ION an the property, MM oabi* be nodoo&b t wougbm t ow, r -m In addition, tie oonatsot nolN form the A/C =iK Jet vimh blow= tad Mik as wdl m tie polhdus and the VrAc iaaaes as we mien and aodt on Abpaet- Paling Road w►ID increere molly. no g opaed dea ooft wain be open 7 days a wedgy tbro ood pool uro houm and in reality, w M dhoc* attct the red estate vduos in our ooaemtmity. As stored an The Baud of County CommiNioner's published webpape, The oammissiooers "...are lapoodble lbr peovldinp aeMM ID p Md the bnlm, BOW vwMm and qua of Hh afdw aitiaeos of ColliarCouWO Wo and hr ym to aeet yeas Bitchy rrread oft is Nntag ow eeMMUW. BUN OltOU tie Tap Bat Amb CPM e01 L raq q�� r � c � m m� Cl, kA 11 V �` A � �� , . � � � . .: °. . x,� .� z� < < - � . .� . \� , �� ,.`� °` > \ \} . . � �a. : \ ! \� � "/ � �� \ \`�.�� \ . � � \ .�\ ©/ \ :_ :� % \/y \, � \?� � y . : .. ` r \ : , . y ., >� :+` � (�} . �� ; . / /d. � �� \ _ ` §: / � �' � .. . . i °� . � / ~` : / % _. � . \ �� « v � © \ / , § »� © � � \ � � � z� ) . . ƒ� � � � ^'� �. .. .I�� _ 4 \:� . \ .�� y.: � OT 3o E abed gill All 11r 'v ts 98 ETOZ'TT Aaea►Qad pa"-d :Qfld:) 2eH do.L AIRPORT ROM If sit 9 at pill Its E� a oa P lip �a ' se I• I; oil till i� :m . jJ mzis vw :V Wiffma 9,8 To: Board of County Commissioners Date: 2/27/13 From: Ronald Cieminson, Board Member, Walden Oaks RE: Proper zoning Top Hat's many proposal revisions to the Planning Commission indicate that they are trying to fit the language of C-4, (General Commercial) around what they intend as a C -5 ( Heavy Commercial) project. Under Principal Use, C-4 allows for `new car sales only'. C-5 allows for'new and used vehicles'. In order to accommodate Top Hat's needs, the proposal language was changed as of February 11, 2013 to allow Principal Uses; motor vehicle dealers (new) group 5511. Accessory Uses; motor vehicle dealers, used only (group 5521). It was mentioned at the Planning Commission the Accessory Uses could be up to 49% of their business. The following information provides a reference for Commissioners to review the distinctions in legal uses for C-4 and C-5 zoned properties. Following is the language from the latest proposal revision. REVISED PROPOSAL FEBRUARY 11, 2013 The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft. Gross Floor Area (GFA) Tract A: A. Principal Uses Motor,ehicle dealers (Ne%) group 5511) Group 5511 Motor Vehicle Dealers (New and Used) saw asschsd B. Accessory Uses Ntotor Vehicle Dealers, t'sed Onh (Group -5521 Group 5521 Motor Vehicle Dealers (Used Only) Establishments primarily engaged in the retail ask of used cars only, WITH NO SALES OF NEW AUTOMOBILES. These establishments also frequently sell used pickups and vans at retail. sa. apached. Our question is: Is this property being zoned for a C-4 or a C-5? The December 3, 2012 proposal staged it would be developed as a C -5 commercial use project. Revisions on the January 29, 2013, and February 11, 2013 state, `shall be developed as a commercial use project', with no reference indicating a C-4 designation. OSHA itSSFee& a Print This Page a OTddSlze -VWwtMspWhdpW Occupational Safety & HeOM AdffdnWradon We Can Help ~8 f"W I Omow Home Workers Regulall" B*wcwnsnt Data St Statistics Trmr*v Publications NuAvOOM OSHA Small Business Division G: Retail Trade Major Grou� 55: Automotive Dealers And Gasoline Service Stations Industry Group 551: Motor Vehicle Dealers (row Arkd Used) 5511 Motor Wilde De*n (Now and Used) Estabitshimft pvm* engaged In the retill sale of new automobla or new and used IuW*bNm These esbkfthMffft*gWw*,,wkfth repair depatrimft and MY slhocI Of vplacmetpoft tires, b0wiM and automotive acceawsm Them establshmerrts also hqueritly sell pkJW and vans at retall. Autmx)ble agencies (dOdV3)-reW Automobas, new and used iv011 Cam now and usakeW • Motor vehicle dealers„ new and used cars-retall • rcwp and vans, new and uwdfflM SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited U.S. DepwWmt Of Labor I Occupational Sd* & H&ft A&**bWw 1 200 COWjtutlon Ave., NW, Washington, DC 20210 Telephone: 800-321-OSM (6742) 1 TTY: 977-•89-5627 www.OSFLA.gov r 98 � osm RSS Feeds g Ptfrrt Ttds pap a ®Ted Slag 4 Wu ON p W hdpAdT ocr t"I m nal Saf ty & Health Administration We Can Wp wwpft New I ce+oe• Hone warioas _ Raombm Erporoertrerrt Da4r s satbaa Th"M pokafts Nowsooni 09iA S"M BLOM MUM G RAW Trade Major G W 55: AUtomotive Dedws And G=Wm Service SUN" Indwtry Group 552: Motor vahkie Dedars (used Orriy) ..•� VWde Dealers (Used Ody) BdabNsisrrerrta pdmwlh aqoged in the retail sak of used cars aMy, wNh no sake d new aummobdaL1tm esUbidunents abo frequoF* sdl used pMp and vans at retail. . AutorrrdAim wed cars only -mw E ■ M" vdWe deaMm used cars ooly-rOWN i • pickups wW vans„ wed onlrretall [ SIC search i mMm O nrctm I mjW Group Rmxb a I OWA SWnft s C bed U.S. Department of tabor I Ooarpatlond safety & HMM Adn*dsb ton 1 200 Gad t tlOn Ave., NW, WW*QtDN DC 20210 Tdeowm OW321 -MM (6742) 1 TTY: 677489-5627 www.OSHA4pv 90 EXHIBIT A PERMITTED USES: The Top Hat CPUD shall be developed as a commercial use project, winch will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor Area (GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New) (Group 5511) I: i y T " =L 117, -. i 1. Motor Vehicle Dealers, Used Only (Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) I Tire Repair Shops, not including Tire retreading (Group 7534) 4. Automotive Glass Replacement Shops (Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops, Not Elsewhere Classified (Group 7539) 8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top Hat CPUD: Revised February 11, 2013 Page 1 of 10 9 C, Genteel Caremrcw DI I I I (C-4). The gird OR- mter l I - I " (C,4) M Infendea m prottide for thoes types of kind wes VW attract tsrW of tw popuMm, gt the esmte time by vnn or sa1s, coupled wilt to type o1 OCINAI y. The pugms and Mntsra of In c-4 distrbt is to povlda the oppwm* for tw nwct d vm hypos of oix. - McW w" "I - dslvehg goods and asrt4on, inckaq snl rWnment and naeefional alrrtdlorre, at a Wpsr sots Than tine C-1 though C-3 d' I Id . As such. al of to uses pemtbd In In C-1 tlwough tr3 dMdrids are 00 Pin Ills In to F 4 dlgrlct. The oUMW sa' n of timcimWhe and equipment M polnbited. laPt 10 tats edam that K Y eseodalad with the mmwrdel =11 ft oonducad orn-tlts such ss, but not Intfisd to, auto able 8811, Mil vsn*, and tta renting and Weft of ectulpment Ach* cenlsrs are suit" boslons for to Crass penNMd by ti» G dYM A beceuss most eclMgr cents are bated st to htaaection of arWM we& Theretae the uses In the C-4 I I I I can moat ba suafshted by to trmeportafion nshvork of mayor roeda. Tha C-4 dMWdat M F l Me d In a000rdaoe wilt to tocedonal crMerls for uses and to goals. ob)scfintes, and Policies es Identified In 9ne Uum Mnd u1 dement of 1M CoMsr County Cam. The wm n um density pennlsdble or psmnlMd in* I ' I ' dot not eutceed ffie denslb penatssbM under go density rethg sydsnL 1. The tNowMg uess, n delhed w11h a mamba tom tie Standard lndusMM1 Ck 11c dbrt Lu nutd (t9e7), or m orhsrwlw provided for wkWn this eeaeon ate p��1 by rigK or ma accessory or condifla" wee wfilnMt to gernad mnmacMl dWW (Gq a. 1. Accotnlrg (am). 2. AOSInrsnt and WIDOW ssrviol (7322). 3. AdvaAlshg agendas (7311). 4. Advaltkig — mbcekr oua (7319). 5. Agrbndkn* aerYlOfa (9783). e. Amuswwd and reaeafion senAol. MWoor. e. V. Anwesmad and mrsation servbn, outdoor (1999 - W" piers and Idurs operation, houaeboet rental. Pis boat rental. operation of party Uft boats, arum MWM OW. AnMW PkntL AnWA spoMlly esrvlae. exosPt vsbdnay (0M aodu 1 9 oui ids Mennslng� 10. t' I/ Apparel and accessory stores (5611- 5699). 11. Architectural services (8712). 12. Auditing (8721). 13. Auto and home supply stores (5531). 14. 15. Automobile Parking, automobile parking garages and parking structures (7521 - shall not be construed to permit the activity of Iow -in parking lots'). Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) auWmobkm. road and towing service.* utomotive vehicle and equipment dealers (5511 and 554 new vehicles only). 17. Banks, credit Unions and trusts (6011 - 6099). 18 Barber shops (7241, except for barber schools). 19. Beauty shops (7231, except for beauty schools). 20. Bookkeeping services (8721). 21. Bowling centers, indoor (7933). 22 Building cleaning and maintenance services (7349). 23. Business associations (8611). 24. Business consulting services (8748). 25. Business credit institutions (6153 - 6159). 26. Business services - miscellaneous (7381, 7389 - except aucdonee ft service, automobile recovery, automobile repossession, balk work, bottle exchanges, bronzing. cloth cutting. contractors' disbursement, cosmetic kits. cotton inspection, II 19 Aceessory Uses. Uses and structures that are 900essory and incidental to the uses permitted as of ti right In On C-4 district. l 1 2. Caretakers residence. subject to ssclion 5 03A5 3. Outside storage or display of merchandise when spedlically permitted for a use. 0iherwlse prohibited, subject to sectlon 4. .1 Co"Cilloanal uses. The following uses are permitted as condkkml uses in the general commercial district (C-1), subject to the standards and procedures established in section 10.08.00 1. Animal specialty services. except veterinary (0752. with outside kenmNna). 2. Amusement and recreation services. outdoor (7948, 7992. 7996.7999). 3. Auctioneering services, auction towns (7389, 5999). 4 Automotive dealers and gasoline service stations (5521, 5551, 5561. 5599 outdoor display permitted). 5. Automotive rental and leasing, oukloor display permitted (7513.7519). B. Bottle clubs. (AN establishments engaged In the retail sale of alcohok beverages for on- premise consumption we subject b the bcatlonal requkWnents of section 7. Communication towers above specified helgft, subject to section 5.05.09 8. Fire protection (9224). 9. Fishing, hurting and trapping (0912- 0919). 10. Fuel dealers (5983 - 5989). 11. Homeless W*Ners. 12. E 9B E- C)'5 t ,b e,SS //, Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 disbict permits heavy commercial services such as full- service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C -5 district is permitted in accordance with the locationai criteria for uses and the goals, objectives, and policies as Identified to the future band use element of the Collier County GMP. 1. 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 heavy commercial district (C-5). 8. Psrmi ted use& 1. 2. 3. 4. 5. 6. 7. 8. 9. Accounting (8721). Adjustment and collection services (7322). Advertising agencies (7311). Advertising - miscellaneous (7319). Agricultural services (0783). Ancillary plants. Amusement and recreation services, indoor (7999). Amusement and recreation services, outdoor (7999 - fishing plers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). Motion picture theaters (7832). 111. Motor freight transportation and warehousing (4225, mini - and self - storage warehousing only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (5571). 114. Museums and art galleries (8412). 115. Musical instrument stones (5736). 118. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilitles (8051 - 8059). 119. Outdoor advertising services (7312). 120. Outdoor storage yards, provided that the yard is located no closer than twenty -five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to slow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of arty scrap, selvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7614). EXHIBIT A N ni 1 tr PERMITTED USES: The Top Hat CPUD shall be developed as a commercial use project, which will include an automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Fl Area (GFA). Tract A: A. Principal Uses Motor Vehicle Dealers (New) (Group 5511) B. Accessory Uses 1. Motor Vehicle Dealers, Used Only (Group 5521) 2. Automotive Exhaust System Repair Shops (Group 7533) 3. Tire Repair Shops, not including Tire retreading (Group 7534) 4. Automotive Glass Replacement Shops (Group 7536) 5. Automotive Transmission Repair Shops (Group 7537) 6. General Automotive Repair Shops (Group 7538) 7. Automotive Repair Shops, Not Elsewhere Classified (Group 7539) N01\ 8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must be located on the west side of the car wash. 9. Uses and structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely affect pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. Top Hat CPU D: Revised March 12, 2013 Pagel of 9 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat, consistent with C -4 zoning. TABLE I DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 10,000 square feet NA Minimum Lot Width 100 feet NA Maximum Height • Zoned: 30 ft. / 35 ft.? 3 ft 2 • Actual: 35/4047 ft.? 4(}4 =eft.? Minimum Floor Area 700 square feet (ground floor) Maximum Floor Area Ratio None Minimum Building Setbacks • Front Yard (Airport Pullin Road 25 ft SPS • Side yard 15 ft loft • Rear yard' 500 ft SPS • Minimum Distance Between Structures 25 ft 0 ft (Principal to accessory) • Internal Drives None None • Lake 25 ft 25 ft 'For Primary and Accessory uses, not intended to include small structures not directly serving the permitted land uses such as an irrigation well pump house. 2The maximum zoned height for the buildings labelled `Service' and `Wash and Detail' on the Master Plan shall be 30 feet the maximum actual height shall be 35 feet. The Maximum zoned height for all other buildings shall be 35 feet, the maximum actual height shall be 40 feet. Top Hat CPUD: Revised March 12, 2013 Page 2 of 9 0 rim da 19-est EXHIBIT C: MASTER PLAN: ,j 111111 1 1111`\ 1111111111111111 \- _ 1111111/1 1/1111111 `•'- �� &O-a:j 1W JZ:11y Top Hat CPUD: Revised March 12, 2013 �� $1 e lit L ILI �I z In; ® !t Uzi! 91t .mk C d0 WZ" o" i Page 3 of 9 a Page 3 of 9 EXHIBIT D LEGAL DESCRIPTION (OR 2296, PG 2000): The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof, previously reserved for road right -of -way purposes. Top Hat CPUD: Revised March 12, 2013 Page 4 of 9 EXHIBIT E 9 } LIST OF REQUESTED DEVIATIONS FROM LDC: 1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all facades for a freestanding building within a PUD to be treated as a primary fagade. To the extent necessary, only wall planes facing Airport road shall be required to be treated as primary facades. Top Hat CPUD: Revised March 12, 2013 Page S of 9 EXHIBIT F r F9 DEVELOPMENT COMMITMENTS: PLANNING: a. The project is proposed to start construction of infrastructure in 2013. The project may be developed in a single phase or multiple phases over time. b. No outdoor paging or amplified systems will be used as part of the daily operation of the dealership. C. The automated car wash will be 600 feet or more from the nearest existing residential unit, with blowers located at the western end of the car wash. Each end of the car wash will have bay doors which will remain closed during the entire car wash cycle including drying of vehicles. The doors will open only for entry and exit of vehicles. d. The service area will be enclosed with the exception of entry/exit doors and a small number of `quick lube' service bays, facing south. e. The project access on Airport Road shall be considered a driveway unless the parcel is subdivided. f. Regular hours of operation will be limited to lam to 8pm Monday through Friday for Sales and lam to 6pm for Service. Both Sales and Service will be limited to lam to 5pm on Saturday and Sunday. g. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times, the service door shall be closed. h. The Type `B' buffer along the north and east property lines will be inclusive of a 6' privacy wall. Beginning from point `A' as shown on the PUD Master Plan the westeFfflnest PeW of the 15 feet Type 'B' bidffer- ell the 0014h side of the P and continuing east 100' past the east wall of the car wash and detail bays, the wall height shall be increased to 8 feet. The landscaping on the side of the wall facing the residential shall consist of a hedge and canopy trees as shown on Exhibit G. The hedge shall be Sweet Viburnum and the trees shall be one or more of the following; East Palatka Holly, Dahoon Holly or Pigeon Plum along the northern property line, adjacent to residential. Along the east property line adjacent to residential the required trees within the 15 foot Type `B' buffer shall be Laurel Oaks a minimum of 12 feet at the time of planting, spaced no more than 20 feet gpart The privacy wall in this area will be set back a minimum of 10 feet from the property line. After initial installation, the hedge and trees may be replaced with alternative landscaping only with the written approval of the Lone Oak Homeowners' Association. i. Lone Oak Boulevard shall not be used for sales or service test drives by employees of the dealership. j. No gasoline storage or fueling tanks shall be located on the property. k. Any irrigation pump(s) shall be a minimum of 50 feet from residential property lines. 1. The required wall within the Type `B' buffer shall be solid in construction, utilizinp, a Woodcrete or similar product. TRANSPORTATION Top Hat CPUD: Revised March 12, 2013 Page 6 of 9 a. The project access will remain in its current location and subject to the continuous northbound right turn lane; no modifications to the project access are required. UTILITIES a. County water service is available via an existing 10 -inch water main located on- site. This 10 -inch main is connected (tee and valve) to an existing 16 -inch water main along the west right -of -way line of the southbound Airport- Pulling Road. The developer is responsible for providing the necessary connections at its cost to supply the site with County water service. b. County sewer service is available via an 8 -inch gravity main / system located on- site (along the northern property line). Existing and proposed flows are to the northeast via the gravity system off -site and to the Lone Oak PUD lift station. The developer is responsible for providing the necessary connections at its cost to supply the site with County sewer service. ENVIRONMENTAL a. Due to the site being 100% impacted prior to 1975 through agricultural activity, no Preserve area is required. OUTDOOR LIGHTING a. All lighting will be shielded from residential areas to avoid Aare. Lighting will be a directional type aimed downward with shielding to reduce Aare to adjacent properties Illumination at all adjacent residential property lines shall not exceed .5 foot candles. b. Display li ting_will be limited to that area shown on the Master Plan as lying west of the line marked as line `A' and will be reduced to security level lighting at 11 pm. Security lighting that will have a minimum reduction in average lumens of 50 %, will be the minimum needed for safety and security, and will occur in the area between lines `A' and `B' as shown on the Master Plan. No lighting will be located east of line `B'. c. All lighting will be flat panel fixtures. d. Lighting on the perimeter of the project will utilize full cut off shields. e. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. f. All lighting west of Line `A' and south of the Service portion of the main building as shown on the Master Plan will be no more than 20 feet in height. g. Display lighting will not exceed a 1,000 Watt Metal Halide intensity or its equivalent (intensity of LED or other bulb type). Top Hat CPUD: Revised March 12, 2013 Page 7 of 9 EXHIBIT G: LANDSCAPE CROSS SECTIONS R u OVOM ONIIUId - IaOdaIV r. 4o- r0!Qi- .TYKE t 0 1 I \ 3NVl NINNVl TOP HAT AUTO to►rur Han.a.. ue a„� � PREUMINARY SITE PLAN I I I I1wmic+w Top Hat CPUD: Revised March 12, 2013 Page 8 of 9 t .I 0 1 I \ 3NVl NINNVl TOP HAT AUTO to►rur Han.a.. ue a„� � PREUMINARY SITE PLAN I I I I1wmic+w Top Hat CPUD: Revised March 12, 2013 Page 8 of 9 Top Hat CPUD: Revised March 12, 2013 Page 9 of 9 9B Growth Management Division — Planning & Regulation Planning & Zoning Department October 31, 2012 Mr. Tim Hancock, AICP Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 RE: CPI- PL20120001364, Official Interpretation for Top Hat Auto, Request for an Official Interpretation of Policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan a/k/a Comprehensive Plan. Dear Mr. Hancock: Pursuant to Land Development Code (LDC) Section 10.02.021, you have asked the Planning & Zoning Director ( "County Manager or his designee ") to render an official interpretation pertaining to the application of Policy 5.1 of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP) a/k/a Comprehensive Plan. The subject site, comprising ±11.3 acres, was rezoned to Princess Park PUD, Planned Unit Development, in 1984 (Ord. No. 84 -34) - under the 1983 comprehensive plan - and the PUD was amended in 1990 (Ord. No. 90 -53). The PUD contains a detailed PUD Master Plan and is approved for a variety of indoor and outdoor recreational uses. The property is currently developed and is known as King Richard's Family Fun Park. Under the 1989 GMP, the site is deemed "consistent by policy" pursuant to FLUE Policy 5.9 pertaining to "improved property" — property that was zoned inconsistent with the Future Land Use Designation Description Section and Future Land Use Map but was already developed. The applicant proposes to rezone the site from the Princess Park PUD to a new PUD to allow an automotive dealership with a full range of accessory uses such as maintenance and repair of vehicles. The purpose of this request is to have staff make a formal determination that the proposed rezone is, or is not consistent with FLUE Policy 5.1. FLUE Policy 5.1 states, in relevant part: Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall 0 Mr. Tim Hancock October 31, 2012 Page 2 of 4 intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5. 11, is not exceeded in the new zoning district. * ** *** text break e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. FLUE Policy 5.1 contains a two -part test. Below is staff's analysis and determination of each part. Part I: Is the new zoning district the same or a lower intensity commercial zoning district as the existing zoning district? This evaluation requires a comparison of existing and proposed uses as they are listed in the commercial zoning districts - lowest zoning classification - in the Collier County Land Development Code (LDC). The existing Princess Park PUD permits specified indoor and outdoor recreation and amusement uses: • Building for office, maintenance, storage, ticket sales, snack bar, recreation room and similar uses • Mini golf course • Go cart track • Bumper boats • Batting cages • Aero -ball • Remote control boats • Swimming pool • Outdoor skating track • Boat rental • Video games in enclosed building • Similar and compatible recreational uses approved by the Zoning Director. The LDC lists the following uses: Mini golf — permitted conditional use (CU) in C -3; Coin operated amusement devices — permitted CU in C -3, permitted by right in C-4; Amusement and recreation services, indoor - permitted by right in C -4; Amusement parks - permitted CU in C-4; Go -cart track - permitted CU in C -4. AND Motor vehicle dealers, new only - permitted by right in C -4; Motor vehicle dealers, used only - permitted CU in C -4. Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial zoning district as the existing zoning district. Part II: Is the overall intensity of commercial land use allowed by the existing zoning district not exceeded in the new zoning district (based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district)? 2800 North Horseshoe Drive, Naples, FL 34104 Phone: (239) 252 -2400 www.collieraov.net Mr. Tim Hancock October 31, 2012 Page 3 of 4 99 It is important to note that FLUE Policy 5.1e. refers to the existing zoning district, not existing development. The applicant correctly compares what is allowed to be developed under the existing Princess Park PUD zoning on the site, not the actual development that exists on site. Also, it should be noted that the existing PUD zoning includes several integrated uses, rather than the more typical independent uses. For example, the snack bar /restaurant is not freestanding, rather is within the building with arcade games - seating is shared by the snack bar and those using the games as well as other patrons and guests. The applicant provided a comparative analysis of public facility impacts indicating the following: Arterial and collector roads — reduction in weekday PM peak hour trip generation by 122 trips Drainage — no change Potable water and sanitary sewer — reduction in daily demand of 5,920 gallons per day Solid waste — reduction Parks and recreation — no change /no impact. Staff concurs that there is a decrease in road trips and water /sewer consumption/generation, and no increase for drainage and parks and recreation, but that solid waste generation will increase with the proposed use. However, this increase does not outweigh reductions for other public facilities. Conclusion: The overall intensity of commercial land use allowed by the existing zoning district is not exceeded in the new zoning district. Determination of this Request for Official Interpretation: The proposed zoning district is deemed consistent with Future Land Use Element Policy 5.1 in the Growth Management Plan. Pursuant to Division 10.02.02.F. of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site - specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals (BZA). A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back -up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. 2800 North Horseshoe Drive, Naples, FL 34104 Phone: (239) 252 -2400 www.collieroov.net Mr. Tim. Hancock October 31, 2012 Page 4 of 4 Sincerely, Mike Bosi, AICP Manager, Comprehensive Planning Section Interim Director, Planning & Zoning Department Growth Management Division/Planning and Regulation sup Cc: Collier County Board of County Commissioners Leo Ochs, County Manager Collier County Planning Commission Nick Casalanguida, Administrator, Growth Management Division Jeff Klatzkow, County Attorney Heidi Ashton- Cicko, Assistant County Attorney Ol Determination Letter CPI- PL20120001364 Top Hat Auto GACDES Planning ServiceslConsistency Reviews1201210ATop Hat Auto-Tarniami Hyundai- Princess Park PUD dw/10 -31 -12 2800 North Horseshoe Drive, Naples, FL 34104 Phone: (239) 252 -2400 www.colliergov.net March 2013 "Collier County Commissioners Meeting" Re: Top Hat Auto Dealership at Princess Park Commissioners, good afternoon I'm Paul Boileau a residence representing Walden Oaks and to be precise, Tannin Lane in Huntington where the car dealership will be boarding. After being heavily involved in decisions with Toll Brothers, Pulling Golf Driving Range, Naples View and now Top Hat Auto Dealership I find this project very challenging and very much surprised with the zoning. As I looked in depth, I personally was unable to fine a better fit at this time. All Home owners felt from the beginning this project would not be a good fit. As we worked our way thought the process, we found no solid legal grounds for rejecting the auto dealership "Top Hat Auto" application for the rezoning of Princess Park. This is the first we know about property lines abutting each other for residential and auto dealership. It's a very hard thing to swallow, but reality comes first. Many hours of days and weeks have gone into this project to make every home owner in Walden Oaks feel confortatable under this situation. We at Tannin Lane have accepted the facts presented to us and are ready to move forward. We 9 4 March 2013 "Collier County Commissioners Meeting" Re: Top Hat Auto Dealership at Princess Park Commissioners, good afternoon I'm Paul Boileau a residence representing Walden Oaks and to be precise, Tannin Lane in Huntington where the car dealership will be boarding. After being heavily involved in decisions with Toll Brothers, Pulling Golf Driving Range, Naples View and now Top Hat Auto Dealership I find this project very challenging and very much surprised with the zoning. As I looked in depth, I personally was unable to fine a better fit at this time. All Home owners felt from the beginning this project would not be a good fit. As we worked our way thought the process, we found no solid legal grounds for rejecting the auto dealership "Top Hat Auto" application for the rezoning of Princess Park. This is the first we know about property lines abutting each other for residential and auto dealership. It's a very hard thing to swallow, but reality comes first. Many hours of days and weeks have gone into this project to make every home owner in Walden Oaks feel confortatable under this situation. We at Tannin Lane have accepted the facts presented to us and are ready to move forward. We are the ones that will take the biggest hit as far as seeing, hearing and smelling it. Exhibit A "see attachment" Shows location of Home Owners favorable to proposed Top Hat Auto Dealership. One issue to mention is traffic in and out of Princess Park. Over the years traffic has not been a problem only because King Richard's was not successful ..... With possibility of auto dealership locating the intensity will be much greater resulting in a nightmare for Walden Oaks residence entering Airport Pulling. This must be fixed to insure safety. Mr. Zeller and his associates have worked with us, Walden Oaks committee to assure us, minimum impact to see, hear and smell. I along with the committee feel comfortable this has been 90% accomplished and want to thank all involved. At Tannin Lane we are 49 home owner units that constantly hear the noise of King Richards's amusement park; we lived hearing this day and night and throughout many years. Indication are, we have close to 95% of residence on Tannin Lane affected by the proposed car dealership as long as no hear, see or smell, it will work providing traffic situation is worked out. The time now is right, to see daylight for a new venture that will help us on Tannin Lane and through out Walden Oaks. K r H Z r J �, M 1R l F r 3. 12113 �l O1 I am, David Pezzullo, a member of the committee that was appointed by d�fr HOA Board to address the Top Hat Application. We in consultation with our residents have searched for a legitimate legal means to block this application. At the same time we have negotiated with Top Hat reps to get critical concessions that would make a fully operating C -4 usage next to us on two sides livable if we were not able to block it. Let us be honest. What we have wanted is to have this application rejected along with any C -4 use and have this Board work to downgrade the zoning of the Princess Park property into greater consistency with the residential and light commercial on the East side of Airport Road. That is what we want. That is what would be best for us and for the development of the area. We have spoken to lawyers, experts, county officials, investors ....whoever was willing to listen, to explore this avenue. We have tried to find a way within the law ... that would hold under appeal. We have to report that we have found NO solid legal basis to do this. We wish we had. If anyone on this Board or in this audience has found one please present it. Looking to the future we respectfully recommend that this county review the New Use clause in the GMP so that this situation where legally, full -use C -4 is established next to residential is remedied. This provision — that brings the word of the law into conflict with the spirit of it - makes for spotty zoning that can only hurt the development of this county. But given that the GMP reads as it presently does, we ask that this Board of Commissioners do what it can to protect the key concessions that will make the oddity of C -4 abutting residential — us — on two sides livable You are probably aware that very few at Walden Oaks welcome a car dealership next door, but we have had to face that possibility head on. We in consultation with our residence through ... two special informational meetings, an info sheet distributed door to door, web -site postings etc have negotiate with Top Hat, to get vital concessions to assure that if a dealership were to move next door our community pool would not be overwhelmed by noise from car wash M 4 a 7109 blowers, the new dealership would not be an eyesore from our property, and our home values would not be eroded. We have negotiated within the framework of the Planning Commission to make the best of the situation. We have many people to thanks for helping us to learn the facts, understand the process and negotiate the best deal we can get in a respectful and civil manner. First we want to thank our Commissioner, Georgia Hiller, of district 2. Since when we first consulted her in the early fall to explore ways of stopping this application, she has been unfailingly frank and direct. From the start she said that she would help us in any way she could ... but unless there was some solid legal rationale to block the application, she could not vote against it even if we wanted her to. She has helped us in the most important way ... always being available and always telling us the truth and rather than what we wanted to hear. The Chairman of the Planning Commission, Mark Strain, has has gone way beyond the call of duty to help us. Not only did we benefit from his diligence and rigor, but with impartiality he helped us face the facts and get the most we could from the system designed to feed agreements. He has met with us, informed us, advised us and come to an information meeting at Walden Oaks Clubhouse attend by over a hundred residents and fielded questions and clarified the tradeoffs making clear he understood our concerns. We have to thank Mr. Zellerswho has stayed true to his reputation as a fine corporate citizen able to keep sight of the longer view. The Top Hat reps have been unfailingly professional. ....through all our demands for information and concessions — and they were pretty much endless — they were civil and direct. They were able to step into our community's shoes to focus on the concessions that would help us most .... so that we were able to press for those concessions that would benefit us most most while costing them less. They and Mr. Zeller understood that we wanted to stop this but rather than taking offense at our two pronged effort they negotiated in good faith..just as we were up front throughout. Likewise our neighbors...hundreds of whom we have met with at informational meetings, or by the pool, along our byways or in front of garages or C9_4 711 MOLAR-NJ by internet. They have offered their advice, suggestions, encouragement and shared their experience and research. The key has been that while they have challenged our logic, questioned what was presented as fact, they did so in a civil manner and in measured tones. These conversations improved our thinking, obliged us to dig deeper into the facts and made us all better representatives of the community or common interest. With very few exceptions, our neighbors have been willing to discuss this emotional issue, in a civil fashion towards the best solution we could find together. This is very significant. We live in a time where differences are exploding into conflict. The social fabric is being ripped apart by personal acrimony and accusation. We need to rediscover the virtues of civility, measured conversation, considering the opposing perspective, searching for the common ground that turns differences of culture or generation, perspective or personality into agreements, that make us all better. Socrates once said that the more you engage in the world - the public arena or marketplace - the more you must learn about yourself and likewise the more you learn about yourself the more you are obliged to recognize and fulfill your responsibilities as a citizen. All in this process have stayed true to the proverb" Better light a candle than damn the darkness." 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