Agenda 12/15/2009 Item # 8B
Agenda Item No. 88
December 15, 2009
Page 1 of 26
Executive Summary
County Attorney report on the Town Markct propcrty located at 7770 Prcservc Lane in thc
Olde Cypress PVD and whcthcr thc V-Haul business opcrated at thc site is comparablc in
nature to other C-3 uses allowed in the PVD and whcthcr thcrc is sufficicnt parking to
accommodate this use.
OBJECTIVE: To provide thc Board information relating to C.3 uses in the Olde Cypress PUD
and in similar developments to enable the BCC to make a finding that the U-Haul business is or
is not comparable in nature to other C.3 uses in the PUD.
CONSIDERATIONS: On November 10,2009, Mr. George Chani appeared before the Board
during public petition, Item 6B, to request that "the Board allow the Town Market to keep the U-
Haul business and allow this use during these very hard financial times." The Board directed the
County Attorney and Zoning staff to work together to answer the question of what is historically
comparable with the existing use. In October 2009, the Code Enforcement Board found a use
violation of the Land Developmcnt Code relating to the V-Haul business and issued an order
finding a violation with fines to accrue if the violation is not abated. (A copy of the order is
attached. )
The Town Market is located at 7770 Preserve Lane. It includes ten gasoline fueling stations, a
convenience store with fast food, a car wash, a pool supply store and vacant office space.
PUD Regulations: The Town Market is located in the Community Shopping and Business
Office Center District of the Olde Cypress PUD. Section 8.02 of Ordinance No. 2000.37, as
amended, the Olde Cypress PUD, allows the following Permitted Uses in the Community
Shopping and Business Office Center District:
"1. All commercial uses permitted by right in the C-3 Commercial
Intermediate District of Section 2.2.14 of the Land Development Code in effect
as of the date of this PUD District is approved by the Board of County
Commissioners including a personal self.storage center groups (4225)
2. Any other commercial use or professional service which is comparable in
nature with the foregoing uses and which the Development Services Director
finds compatible within the District. "
At the time of adoption of the PUD on May 23, 2000, the C-3 permitted uses can be found in
Section 2.2.14.2.1 of Ordinance 2000.08, the Land Development Code Amendment, effective on
January 31, 2000. Some of the permitted uses include Automotive Services (SIC Group 7549),
Auto and Home Supply Stores (SIC Group 5531) and Food Stores (SIC Groups 5411-5399). A
gasoline service station is not expressly listed as a pelll1itted use. It should be noted that a
gasoline service station is expressly listed as a permitted use in the C-3 zoning district under our
current code. CDES staffs position is that the Town Market includes a convenience store with
gas pumps and not a gas station.
Agenda Item No. 88
December 15, 2009
Page 2 of 26
At the time of adoption of the PUD and under the current Land Development Code, Truck Rental
and Leasing, without Drivers (SIC Group 7513) is allowed as a permitted use in the C-5 Zoning
District and as a conditional use in the C-4 Zoning District.
Other gas stations that rent trucks:
Florida Truck Rental is operated out of the BP gas station at the corner of Davis Blvd. and
Airport Pulling Road. This property has a conditional use to permit truck rentals in a C-4 Zoning
District. Res. 96.445
U.Haul rentals are operated out of the Sunoco station at the corner of Radio Road and Santa
Barbara Boulevard. This property is zoned CommerciallMulti-Use "C-I" in the Bcrkshire Lakes
PUD. Permitted uses in this district include automobile service stations and vehicle rental _
automobiles only. Truck rentals are not expressly authorized.
U.Haul rentals are operated out of the gas station at 11200 Tamiami Trail East, across from
Naples Manor. The property is zoned C-4. No records of a conditional use were located.
Other businesses that rent trucks:
Budget, 524 Industrial Blvd. The zoning is Industrial.
Budget, 1695 Tamiami Trail East (next to U.Haul). The zoning is C-4 GTMUD-MXD.
Budget, 5625 Taylor Road. The zoning is C-5.
Fibber McGee-U.Haul (by reservation, trucks are not stored on site) 571 Airport Rd. The zoning
is C.5.
Home Depot North, 225] Pine Ridge Road. The zoning is C-5.
Home Depot South, ]651 Airport Road South. The zoning is C-4 GTMUD.MXD.
Penske, 3836 Tollgate Boulevard. The zoning is Tollgate Commercial Center PUD.
Pcnske, 1810 J & C Blvd. The zoning is Industrial.
Penske, 5651 Shirley Street. The zoning is Industrial.
Simply Self Storage, 1361 Airport Road. The zoning is C.5.
U-Haul, 2001 Tamiami Trail East. (ncxt to Budget) The zoning is C-4 GTMUD-MXD.
U-Haul, 2425 J & C Blvd. The zoning is Industrial.
U.Haul, 9295 Tamiami Trail (corner of 93,d Ave N). The zoning is C-3. Code Enforcement is
reviewing whether this use is a violation.
County Attorney's Conclusion: Truck rentals, such as U.Haul trucks, have historically existed
in various zoning districts ranging from C.3 to C.5. The Development Services Director in this
Executive Summary (below) tinds that the U.Haul trucking business is not compatible in nature
with the C-3 pcrmitted uses of the aide Cypress PUD. Pursuant to Section 250.58 of the Code
of Laws and Ordinances, the Board sitting as the Board of Zoning Appeals may review appeals
of Administrative Decisions of County staff such as the Developmcnt Services Director. If the
Board disagrees with the decision of the Development Services Director, it may treat this as an
appeal of an administrative decision and reverse or modify the administrativc decision.
Zoning Staff Analysis of Comparable in Nature (Provided by Staff):
The subject site is commonly known as 'The Town Market" and is located within the
commercial land use designation of the Olde Cypress PVD. The site is developed with a mixture
of retail uses including a business center, offices, a dry cleaner, car wash, pool store, copy center,
kitchen arca for rcstaurant and convenience rctail including a 10.pump gasoline filling area for
passenger vehicle gasoline refueling. The building is approximately 9,326 square feet in area
and a total of 53 parking spaces are provided on site per the prcviously approved Site
Development Plan (SDP). The Land Development Code (LDC) requires 47 parking spaces to be
provided per the uses originally approvcd, therefore there is an excess of 6 parking spaces per the
approved SDP. Adjacent to the site on a separate tract to the west, is an existing retail shopping
center approximately 27,025 square feet in area that houses a variety of neighborhood retail,
medical, office and restaurant uscs. North of the subject site on a separate tract is a sclf.storage
facility.
Agenda Item No. 88
December 15, 2009
Page 3 of 26
Pursuant to section VIII, specifically subsection 8.02.A.2 of the Olde Cypress PVD (Ordinance
No. 2000.37) the request made by the Board of County Commissioners is to consider the
permissibility of a Truck Rental facility (SIC Codes 7513 and 75] 9) under the auspices of the
provision of the PVD which allows "any other commercial use or professional service which is
comparable in nature with the foregoing uses and which the Development Services Dircctor
finds compatible within the District." Thc truck/trailer rental business is an existing, illegal use
of the property and is presently under a Code Enforcement Order to abate the zoning violation.
The request to conduct a compatibility analysis was made without formal application for an
official interpretation by the Board or the property owner. As such it is difficult to consider the
specific details of the request as they were minimally provided during a public pctition request
made by the property owner to the Board on October 27, 2009. Given those circumstances, the
details of the rental business as it relatcs to thc services provided on the Town Market site were
derived from the V-Haul on-line service which indicates potential rental customers at this site
have the ability to:
Rent Trucks, Trailers, towing equipment, and purchase boxes (on.line). The hours of operation
appear to be as follows:
Monday through Friday: 10:00 a.1ll. to 4:00 p.m. and;
Saturday: ]0:00 a.m. to 2:00 p.m. and;
Sunday: 9:00 a.m. to 3:00 p.m.
After hours drop.off is available
V-Haul makes available rental trucks ranging in size from a standard pickup truck to enclosed
trucks up to 26 feet in length (moving trucks). Rental trucks available at this location per the V.
Haul web site do not appear to excecd 17 feet in length; however it is unclear if trucks exceeding
that size could be returned to this site (not originally rented here). It was also difficult to
ascertain what types of trailers are available from this site. V-Haul makes available cargo
(enclosed) and vehicle (open) trailers to tow behind vehicles, and trailers to tow vehicles ranging
in length and size with a maximum size of 6 feet by 12 feet. There is no designated truck or
trailer parking arcas on site; all ofthc parking spaces are the standard LDC required size of 9 feet
x 18 feet. The bucks and trailers are currently stored in thcse parking spaces which were
approved specifically for the retail businesses. Trucks and trailers are located primarily within
the parking spaces on the south side of the propcrty (fronting Immokalee Road) and on the west
side of the property, between the subject site and The Bougainvillea Center, a retail shopping
center. Aerial photography over various times reveals that at any given
approximately 7 to 25 trailers/trucks on the site depending on rental demand.
Agenda Item No. 88
December 15, 2009
Page 4 of 26
time there are
A truck/trailer rental operation (S]C Code 7513 and 7519) is not a permitted use in the C-3
zoning district; it is allowed with conditional use approval in the C-4 zoning district and is a
permitted use in the C.5 and Industrial zoning districts. The purpose of the aide Cypress PUD
Community Shopping and Business Office Center district is to provide basic goods and services
intended to serve the residents of the PUD in order to reduce the number of off.site trips (small
scale shopping to supply pcrsonal needs). The commercial component of the PUD presently
allows all uses permitted by right in the C.3 zoning district. In the Zoning Director's opinion
there are no comparable uses to a truck rental facility currently pennitted by right in the C.3
zoning district. A discussion by the County Attorney's office in this executive summary seems to
center upon relating this use to a gas station/automobile service station use, however the only
similar use permitted by right in C.3 related to that argument is SIC Code No. 7549 (Automobile
Services, Except Repair and Carwashes excluding wrecker service and road service) and
includes Auto inspection services, window tinting, auto emissions testing without repairs, and
diagnostic centers without repairs. All of these uses represent low intensity, convenient type of
goods and service uses per the intent of the district and they relate to passenger vehicles.
On April 27, ]999 the PUD was amended to allow a self.-storage facility provided the intensity
of the potential commercial buildout was reduced by a development ratio adopted in the PUD.
Self.storage is presently permitted by right in the C-5 zoning district; is a conditional use in the
C.4 zoning district (no outdoor storage allowed).
In conclusion, the truck rental business is one that is pelmitted by right in the C-5 and ]ndustrial
zoning district; C-5 is the County's most intensive commercial district. The C-5 zoning district
allows outdoor storage of merchandise; the CA and C.3 districts do not; the rental use has an
outdoor storage component (trucks and trailers). The uscs allowed in the Heavy Commercial
Zoning district tend to utilize outdoor space in the conduct of their business. ]n fact, when the
PUD was amended to allow the self-storage use, the development intensity of the commercial
tract was required to be reduced to accommodate for the increase in intensity and a specified
location and hours of operation were also adoptcd. The service station component in this PUD
does not provide for vehicle repair and maintenance; gasoline is sold here as a convenience just
like any other retail commodity. The commercial component of the aide Cypress PUD was
intended to provide retail commercial uses on a low intensity basis which provide convenience
goods and services and business office type of uses. The use of the site for rental trucks and
trailers is inconsistent with the intent of the C.3 district that being to provide daily goods and
services on a neighborhood scale. Therefore it is not comparable to those permitted by right in
the district.
The approved site development plan for the Town Market indicates that 6 additional parking
spaces were built over the minimum parking requircd for the existing retail center. Therefore,
sufficient parking on site to accommodate more than 6 additional vehicles and/or oversized
vehicles does not exist. Limiting the number of vehicles to 6 would make it impractical from a
business standpoint and enforcement standpoint and a compatibility standpoint to potentially
park oversized vehicles and trailcrs on a site that was not designed to accommodate that use. As
previously mentioned, the primary uscs on the commercial tract of the aIde Cypress PUD are
low intensity commercial uses designed to provide small scale retail services for daily goods to
nearby residents. A truck/trailer rental lilcility is industrial in nature, has an outdoor storage
component of large trucks and trailers, and does not provide goods and services of a convenient
nature that are needed on a daily basis. There are no related uses or related characteristics of the
Agenda Item No. 88
December 15, 2009
. . . . . Pi'ge 5 of 26
truck rental use on sIte or wIthm the PUD. In conclusIon, the truck rcntal busmess IS not
compatible with those small scale retail uses that currently exist on the subject site and within the
C.3 district itself.
Please also note that upon a site visit it was discovered that the required landscape buffers
parallel to lmmokalee Road are now approximately 80 percent devoid of the required vegetation
(trees and shrubs) and that vegetation will need to be replaced or further Code Enforcement
Action may have to be taken.
FISCAL IMPACT: There is no fiscal impact to the County.
GROWTH MANAGEMENT IMPACT (Provided by Staff): The original PUD was adopted
under the provisions of the 1983 Growth Management Plan. At that time, the plan provided the
ability for PUD projects to have a limited amount of commercial land area to serve the personal
shopping needs of the residents in the project. Under the current Growth Management Plan, the
location of the existing commercial land is inconsistent with the Future Land Use Plan/Map.
RECOMMENDA nON: That the Board of County Commissioners either affirm the decision
of the Development Services Director or reverse the decision of the Development Services
Director by making a finding that the U.Haul business is or is not comparable in nature to the
other C-3 commercial businesses in the Town Market which is located in the Community
Shopping and Business Office Center District of the Olde Cypress PUD.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney and Heidi Ashton-Cicko, Assistant County
Attorney
HIHFAClExSurn
Attachments: Public petition
Background on code cases
Code Board order
Extract from Ord. 2000-08 showing permitted uses in C-3
Extract from current LDC showing permitted uses in C-3
Agenda Item No. 88
December 15, 2009
Page 6 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
88
This item requires that all participants be sworn in, and ex parte disclosure be provided by
Commission members. County Attorney report on the Town Market property located at 7770
Preserve Lane in the Olde Cypress PUD and whether the U-Haul business operated at the site is
comparable in nature to other C-3 uses allowed in the PUD and whether there is sufficient parking
to accommodate this use.
Meeting Date:
1211512009900:00 AM
Prepared By
Heidi F. Ashton
Section Chief/Land Use-Transportation
Date
County Attorney
County Attorney
12/1120092:16:46 PM
Prepared By
Jeff Klatzkow
County Attorney
Date
12/1/20092:16:46 PM
Approved By
Joseph K. Schmitt
Administrator. Community Development
Date
Community Development &
Environmental Services
Community Development &
Environmental Services
12/3/200910:12 AM
Approved By
Susan lstenes, AICP
Director" Zoning & Land Development
Date
Community Development &
Environmental Services
Zoning & Land Development Review
1213120093:12 PM
Approved By
Heidi F. Ashton
Section Chief/Land Use~Transportation
Date
County Attorney
County Attorney
1213f2009 3:18 PM
Approved By
Jeff Klatzkow
County Attorney
Date
1213/2009 3:55 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/4/200911:16 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12J4f2009 3:54 PM
Approved By
Leo E, Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
12/4/20095:16 PM
Oct 27 2009 to:15AK J. PEACEFUL ~ THE FRENCH 2395140991
Agenda Item No.
December 15, 2009
Pag'1o'( Sf 26
.
JPeace
LLL
T770 ~I ..~ L&u
....... no 1411e
-(DlIl- ro",
_1
To: ~ ....~
........
~1l -dwnl
RIo:
Petlllon Nowmber 10 2009
11M: "rlday 0c:1Dber 23 200ll
"-' '1
.
Dear SIrs,
P..... accept IhIa IIddltIoneI P8CI8 .. an IItlIIdIment lD thu ~ lD 8P88k uncIllr
Public PetIlIon" for IhII NowImber 10 8olIn:l Mee~.
~ Is.- ill AIIIt8d lD the Town MerllBt IcIc8ted 817770 P_ Lane. N..... 3411
WII ocnducted a Ltl8u1 RIlnIIIl trucIcaIIrallenl for lie .... 8 ~_ (Seplember 2003), In
2003 we ..viewed .. ZIriIg 8IId ... ..,. under the /mp-'on 1h8t tle u.uI
--.., aulhoriad lIUd In the 0Idlt ~ PUD 0-3.
Unfortuna181y we don' know if the Uh8ul_ not allowed 8 Y881S ago Of just allowed
c-4. hlMIrihe'na ... 0llIldu0II0d the tx.Ineae and hBd IIlfll'lY visa from the Code
enforcement lMtf the yeaJ'I. but at no time whalaoeverWl' WlIl'11lDlcl that the U'-ul ill
unauthorlmd uae.
In June 2OOlI/. ancfiunder a oamp/alnt, c:oda enforoBmenl ~!IQ~ the opinion of Zon
for our U"u~ end appll8l8d that such u.. Ie not 8IIowedl
w. I8llpeolf\lly aat the Boan:! of ColIDr Count)- CommlM OrllN8, lD dew the Town
lD bep the Uhaut BuIlneu a<:tiYa. and allow this UIe.llllJ18clally In these Vllry hIIrd
fimlndIIl timee.
Best
.
Oct 27 2009 10:15RH J. PERCEFUL I THE FRENCH 2395140991
Agenda Item No. 8B
December 15, 2009
Pagep~ l1!f 26
..
,
....
ReaUllllt 10 Sll8IIk under Public Petition
Pfease print
Name: bScec:a- E'Io c--. h..1'm i.
Address: 1 ??o Trest Cd'"" ~ I ~, to...) /\' "\" It!. ~ (' I
~4- J Fi
Phone; 2~q- .os':} I ?Hr
Dale of the RnAnf Me8lina YOu wish to .oeak:
~'7
Mun cIn:Ilt ~ or no:
.. Ilia aubjec:t matIar under lilIgallon lit tIt/a tlmej' V-@
Is this -dIfect mdIr IlII ongoing Code Enfon:emlflt _7 @No
No..: If .lth8r .,... Is "r-", the BoIirel win heir the IIem butwal haw
cf'IR-./on Ngardfnll the Item Ilfttr It .. ,... .n.. L
--.
P1e_ ..vn!lIin In d9lB11the I'!l88On YOU are reauestl!ll
oaas if rJAl -. utyl:
k
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additional DaDe If "_aftn.:):
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CtjMergov."et
Report Title: Code Case Details
Agenda Item No. 8B
December 15, 2009
Page 9 of 26
...c,.-,.....".... ~""'"
Date: 11/17120098:54:33 AM
Case Number: celu20090010758
Case Number: CELU20090010758
Case Type: Land Use
Priority: Normal
Inspector: martindaleron
Jurisdiction: Collier County Code Enforcement
Origin: Public Portal
Detail Description: The sale of swimming pool supplies and equipment outside of building. Using a truck for
storage of chlorine on site with out any chemical containment for spillage. lack of hazard signs
showing the nature of chemical and also seme truck used for advertising. Parking at site is
Inadequate that has at least 5 different business. (site plan for parking) It seems to many
business under one roof and lack of parking and fire protection around bUilding?
Location Comments: 7730 Preserve Lane Naples 34119 (ACTUAL LOCATION 7770 PRESERVE LN. 8/5/09 RM/45)
WEB 252
Status: Open
Date & Time Entered 6/20/2009 3:02:25 PM
Entered By: Guest
Case Disposition: Hearing
Address 7730 Preserve LN Unit:5 Naples, FL
Property 68391446108
Property OwnerlBOUGAINVILLEA CENTER LLC
Business Management & Budget Office
1
Code Case Details
Agenda Item No. 88
December 15, 2009
Execution Date 11/17/200!l[8:~:'33'\!.M
Dese .'. , Assigned R'.quired "Complelell Outcome Comments
.
Enter Initial Case Information DeliciaPulse 6/2012009 6/22/2009 Complete WEB 252
Initial Inspection martindaleron 7/9/2009 6/30/2009 incomplete On site, rear iot contains 8to 10 U.HAUL
rental trailers, trucks. vans. South side of
business has large box truck with slgnage for
pool supply store. Research required.
Initial Inspection martlndaieron 7/9/2009 7/9/2009 Incomplete Have obtained Site Development Plan and
contacted Kay Deselem of Zoning and Land
Development Review. A meeting had been
scheduled to discuss case 7/14/09 @ 10:00 to
11 :00 AM. Photos emailed to her for
infomation.
CE Meeting martindaleron 7/1412009 7/1512009 Complete Met with supervisor Jeff Letoumeau. We
discussed the case and called the shopping
center owner GEORGE CHAM!. Jeff
ex:plained the obvious violations first and then
other potential problems. He was then placed
on speakerphone so we could both talk to to
him. It was explained the call was being made
as a courtesy and no notices were filed yet.
He will be allowed to pursue avenues to effect
compliance with the allegations at least until
the area investigator returns from
vacation.lnvestigation to resume at that time.
RM/45
CE Meetin9 martindaleron 7/1412009 7/14/2009 Complete Meeting with Ray Bellows,zoning manger,
Kay Deselem. The report was discussed and
site plan reviewed. Kay advised the U-Haul
truck rental business should be permitted only
in locations zoned as C..S and that location of
business was zoned as PUD. THerefore not
pennitted. SlIe plans and photos indicate the
original drive-thru window at the SE comer of
the structure was designed for banking use.
The drive up window has been replaced by a
door and a ramp installed to the door,blocking
the former drive thru. No permits found for
installation. Furthyer research required.
Initial Inspection martindaleron 7/2712009 8/5/2009 Violation(s) Research indicates U-Haul type of business
Found operation is permitted only in areas zoned C..
4. will Issue NOV for zoning vlolatlon.RM/45
Record Violations martindaleron 8/5/2009 8/5/2009 Complete
Attach Plcture(s) ml:Jrtindaleron 8/5/2009 8/5/2009 Complete
Generate Notice of Violation martindaleron 8/5/2009 8/5/2009 Complete
CE Mailing DeliciaPu/se 8/6/2009 8/6/2009 Complete Mailed NOV certified and regular to the agent
Business Management & Budget Office
2
Code Case Details
Agenda Item No. 86
December 15. 2009
Execution Date 11/17/2069~:54:3'3'~M
.... De.<:; A$$igned Rtquired c"mpltled Outcome Comlllililts '.. .'
CE Phone Call martindaleron 8/1012009 8/10/2009 Complete RETURNED CALL TO DANNY DEERY 250.
7525 OF "SPLASH AND SIZZLE" STORE IN
COMPLEX. hE ADVISED HE WAS GIVEN A
COPY OF THE NOV FOR THE
iNSTALLATION OF THE EXTERIOR DOORS
AND REMOVAL OF EXISTING WINDOW. HE
SAID A PERMIT WAS iSSUED FOR THE
WORK AND THAT THE WORK WAS
ALREADY APPROVED. I EXPLAINED
WHILE THE PERMIT 2009051495 WAS
APPLIED FOR 5/22/09 AND SHOULD
EXPIRE 11/18/09 IT WAS STILL IN "APPLY"
STATUS. THiS IS DUETOA HOLD FROM
PLANNING. HE ADVISED HE WILL SUPPLY
ALL DOCUMENTS HE HAS TO ADD TO THE
CASE TO SHOW HIS EFFORTS TO
COMPLY.
Re-Inspection martindaleron 8/1112009 10/8/2009 Non- Hearing notice posted at site (RM/45) and
Compliant courthouse (RB/83). Affidavits of posting
signed.
Re-Inspection martindaleron 9/8/2009 9/16/2009 Escalate to No change. Rental equipment remains on
Legal site. Stillin violation. Prepare for GEB Hearing.
RM/45
Assign Hearing Type martlndaleron 9/16/2009 9116/2009 Code
Enforcemen
t Board
Hearing
CE Supervisor Review (CE) letourneauj 9/16/2009 9/23/2009 Complete
CE Staff Review martindaleron 9/25/2009 9/25/2009 Complete OPEN CASE REPORT. submitted for hearing
review.
10/7/09 RESUBMITTED CASE FOR
SUPERVISOR REVIEW.CORRECTIONS
MADE
10/21/09: SCHEDULED FOR CEB HEARING
10122/09
1114/09: Respondent orderedBby CEB to
cease all outside storage of rental vehicles or
relocate all rental vehicles or equipment within
120 days or $100/day will be imposed and
pay operational costs of $86.14 by 11122/09.
CE Legal Review jenniferwaldro 9/30/2009 9/30/2009 Rejected Returned packet to RM43 for required
n changes. JW44
C E Staff Review martindaleron 10/1/2009 10/6/2009 Complete Please make required changes to packet and
re-submil. JW44
RESUBMITTED WITH CORRECTIONS
CE Legal Review jennifeM'aldro 10/7/2009 10/7/2009 Scheduie Schedule for CEB. JW44
n for SM/CEB
Schedule Case for Hearing jenniferwaldro 10/7/2009 10/7/2009 Complete Scheduled for CEB on 10/22/09. Cannot
n schedule in cityview due to deadline. JW44
Generate Hearing Notice (CE) Colleen Davids 10/7/2009 10/8/2009 Complete 10/12/09 Maiied NOH regular mall, senl
on packet of evidence certified-CD
Pre Hearing Inspection martindaleron 1012112009 10/21/2009 Complete
Business Management & Budget Office
3
Code Case Details
Agenda Item No. 88
December 15, 2009
Execution Date 11/17/20Bgfl3':54:~j~M
..
Desc Assigned R#!j'iired Completed Odtcome ..' Corrimehts
Record Hearing Results jenniferwaldro 10/26/2009 10/27/2009 Complete Respondent ordered to cease all outside
n storage of rental vehicles or relocate all rental
vehicles or equipment within 120 days or
$1 OOlday will be imposed and pay operational
costs of $86.14 by 11/22/09. JW44
Generate Hearing Results Notice jenniferwaldro 11/19/2009 Pendin9
(CE) n
Re-Inspection martindaleron 11/23/2009 Pending
Post Hearing Re-Inspection marlindaleron 2/23/2010 Pending
Status
NOV Issued
Entered
8/5/2009
Corrected Amount
Comments
Violation Description
Prohibited Use
$0 Witnessed truck rental business operated in C
~3 zoned location. Truck rentals permitted only
In areas with C4 zoning.
Title
Reason
Result
Compllanbe FinelDay
Condition
Code Enforcement Hearing on
10/22/2009
Code Review Guilty
2/2212010
$100 Respondent ordered to cease all outside
storage of rental vehicles or relocate all rental
vehicles or equipment within 120 days or
$100/day will be imposed and pay operational
costs of $86.14 by 11/22/09. JW44
Business Management 8< Budget Office
4
Mi,
Ctilllergot..net
.-'........w.-..,.......'"_.
Report Title: Code Case Details
Agenda Item No. 88
December 15, 2009
Page 13 of 26
Date: 11117120098:55:54 AM
Case Number: cesd20090012961
Case Number: CESD20090012961
Case Type: Site Development
Priority: Normal
Inspector: martindaleron
Jurisdiction:
Origin: Field Observation
Detail Description: Installation of elevated ramp to exterior of structure and addition of door without permits.
Status: Open
Date & Time Entered: 815120092:24:10 PM
Entered By: martindaleron
Case Disposition: Hearing
Location Comments: 7770 Preserve lane "Splash 2 Sizzle" store located in Town Market Plaza.
Address 7770 Preserve IN Naples, Fl
Property 68391446166
"":"',,'"
Property OwnerlJ PEACEFUL L C
,"'I, .
Business Management & Budget Office
1
Code Case Details
Agenda item No. 8B
December 15, 2009
Execution Date 11/17/2009~:55:cg.t~M
Dose '. . A.sig"ed Requirc:d Completed Outcome . Comments
Initial Inspection martindaleron 8/5/2009 8/5/2009 Violation(s) while investigating zoning violation complaint
Found CELU20090010758 at the Town Markel Pia"
it came to my attention the original drlve-thru
window lane was replaced with an elevated
entry ramp and exterior doars.Also interior
door had been installed in. Alterations wre at
the "SPLASH 2 SIZZLE" pool supply
business. No permits were obtained. NOV to
be issued. RM/45
Recotd Violations martindaleron 8/5/2009 81512009 Complete
Attach Plcture(s) martindaleron 8/5/2009 8/5/2009 Complete
Generate Notice of Violation martindaleron 8/5/2009 8/5/2009 Complete
CE Mailing DeliciaPulse 8/6/2009 816/2009 Complete Mailed NOV certified and regular to the agent.
Re~lnspection martindaleron 9/8/2009 9/16/2009 Requires violation remains. no permits applied for
Hearing
Assign Hearing Type martindaleron 9/1612009 9/16/2009 Code
Enforcemen
t Board
Hearing
CE Supervisor Review (CE) letourneau j 9/1612009 9/23/2009 Compiete
CE Legal Review jenniferwaldro 9/30/2009 9/30/2009 Rejected Returned packet to RM43 for required
n changes. JW44
Enter Initial Case Information martindaleron 10/112009 8/5/2009 Complete
CE Staff Review martindaleron 10/1/2009 10/7/2009 Complete Please make required changes to packet and
re-submit. JW44
CE legal Review jennifelWaldro 10n12009 lOnt2009 Schedule Schedule for CEB. JW44
n for SMICEB
Schedule Case for Hearing jenniferwaldro 10/7/2009 10/7/2009 Complete Scheduied case for CEB on 10/22/09. Cannot
n schedule in cityview due to deadline. JW44
Generate Hearing Nolice (CE) ColteenDavids 10/7/2009 10/8/2009 Complete
on
Re-Inspection martindaleron 10/8/2009 10/8/2009 Non- Posted site(RM/45 and courthouse
Compliant (RB/83),Affidavit signed. photos of postings.
Pre Hearing Inspection rnartindaleron 10/2112009 10/21/2009 Complete VIOLATION REMAiNS
Record Hearing Results jenniferwaldro 10/2612009 10/27/2009 Complete Respondent ordered to obtaim building permit
n or demo permit. inspections and CO within
120 days (2/22/2010) or $100/day will be
imposed and pay opearational costs of $86.14
by 11122/09. JW44
Business Management & Budget Office
2
Code Case Details
Agenda Item No. 88
December 15. 2009
Page 15 of 26
Execution Date 11/17/20098:55:54 AM
086C' Assigned Required Completed Outcome Comments ...
CE Phone Call martindaleron 11/612009 11/6/2009 Compiete CALLED OWNER OF SPLASH 2 SIZZLE 596
.7946 TO CHECK STATUS.HE ADVISEO SIP
MUST BE CHANGED DUE TO
INSTALLATION OF CONCRETE PAD FOR
NEW CHLORINE TANK. HE IS SUBMITTING
THIS CASE REQUIREMENTS INTO THE
NEW SIP. I WILL ADVISE SHOPPING
CENTER OWNER OF PROGRESS AND TO
VERIFY HIS PAYMENT OF COURT
OPERATIONAL COST.( OWNER GEORGE
CHAMI571-n77)
Generate Hearing Results Notice jenniferwaldro 11119/2009 Pending
(CE) n
Re-lnspection martindaleron 11/26/2009 Pending
Post Hearing Re-lnspection martindaleron 2/23/2010 Pending
Violation Description
Building Permit FBC
Status
NOV Issued
'1>
'j~
Entered
Corrected
Amount
Comments
8/5/2009
$0 Witnessed alterations to structure without
obtaining required permits.
Improvement Prior to Building Permit NOV Issued
8/5/2009
TIt",
Reason
$0
ResUlt
Compliance FinelDay
Condition
Code Enforcement Hearing on
10/22/2009
Code Review Guilty
2/22/2010
$100 Respondent ordered to obtaim building permit
or demo permit. inspections and CO within
120 days (2/22/2010) or $100/day will be
imposed and pay opearational costs of $86.14
by 11/22109. JW44
Business Management & Budget Office
3
INSTR 4359547 OR 4506 PG 2536 RECORDED 11/5/2009 10:30 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC S35. 50
Agenda Item No. 88
December 15, 2009
Page 16 of 26
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner.
CEB NO.: CELU20090010758
vs.
J. PEACEFUL, LC,
Respondent.
I
I.
ent Board at publie hearing on October
evidence, and heard respective to all
ion of Law, and Order of the Board, as
THIS CAUSE having come before th
22, 2009, and the Board. having h
appropriate matters, thereupon is es
follows:
. p @ of the Respondent and that the
10 .~
of the date of he arm ~ led mail and by posting.
o {-.
4. That the real property locate e~ aples, FL, Folio #68391446166, more
particularly described as Lot 4, Preserve Co :'- a 0 the plat thereof as recorded in Plat Book 34,
Pase 98 of the Public Records of Collier County, Florida, tosether with that portion of Lot 3 of Preserve
Commons (according to the foregoing plat) as is described on Exhibit UA" attached hereto, is in violation of
Section 2.02.03 of Ordinance 04-41, as amended, the Collier County Land Development Code, in the
following particulars;
2. That thc Code Enforc
Respondent, having been duly n
3.
Thatlhe Respondent was
Truck rental business prohibited in C-3 zoned location (pennitted only in C-4 zoned location).
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinanee No. 2007-44, it is hereby
ORDERED:
That the violations of Seetion 2.02.03 of Ordinance 04-41, as amended, the Collier County Land
Development Code, be corrected in the following manner:
I. The Respondent shall pay operation.1 costs in the amount of $86.14 incurred in the prosecution
of this case within 30 days of this hearing.
2. The Respondent shall cease all outside storage and rental vehicles and equipment or relocate
rental vehicles and equipment to an are. designated for such use, or have the property rezoned to allow for
such use, within 120 days of this hearing. or a fine of $1 00.00 per day will be imposed for each day the
violation remains.
OR 4506 PG 2537
Agenda Item No. 88
December 15, 2009
Page 17 0126
,
3. If the Respondent fails to abate the violation, the County may abate the violation and may use
the assistance of the Collier County Sherifrs Office to enforce the provisions of this Order with all costs of
abatement to be assessed to the property owner.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30)
days of the execution of the Order appealed. An appeal shall not be a hearing de novo. but shall be limited to
appellate review of the record created within, Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this Q<i,lf-.-day ofOclober. 2009, at Collier County, Florida.
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
ay of October, 2009, by Gemld
'da who is -4- personally known
. n.
The foregoing instnJm nt,
Lefebvre, Chair of the Code E ore
to me or who has produc
- r
;jiI.,.~ wm
.,fA""), COmm
~~ElqliresJ
.,R:.,~' IkrdIdTlr.lT""
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b),( U. S. Mail 10: J
Peaceful LC, clo George Chami. 7675 Margherita Way. Naples, FL 34109 on this 29 ~ay of October,
2009.
~u'::of~~~' "';2..~T:~~~i"'~('.l II Q{v
""'.,' . . ='~l\ 101 A'sliToitCICKO, ESQUIRE
J HEREIIV CERnFi:r!fAT.Uiil'" "'~_" . Florida Bar No. 966770
:orrecl COlly at. ClaClliiitrii on "Ie IIi ...: Attorney forthe Code Enforcement Board
Board Minutes end 'liei:o~f~" . 'r'r.IC4.' . OFFICE OF THE COUNTY ATTORNEY
..,.~ss mv "il1}'1.WArqljjj;jii Harmon Turner Building
~' oay 01 liQ~' '. ... 3301 East T~iami Trail
.:> . : >f,..',,--:.: .' Naples. FlOrida 34112
\)WIGtfT E. BROt.K, CI.,fRK OF'COuR1li (239) 252-8400
..I.':J....., ,.:''':'
b .,...-\---,...
":,,"
n~ l
, -
OR 4506 PG 2538
EIlIIIIT """
LEGAL lIISCllfmON
FOR THI LOT LINE AD.IllS1MJ:NT IE1WtEIl LOtS. Al'lD.
or PRESERVE COMMON" A SUUIVISION IN cou.a:. COUI'ITY
Jl.ECORDED IN PlATIIOOK.M, PAGES" Al'lD"
A STIUP OF LAND L YD/O IN SEC1l0N II, lOWNSIlII' 4' SOlml.lW'IOE 26 EAST, COWEl
COUN1Y, FLOIUDA AM> FUIlnD DE5CIUlIED AS FOLLOWS;
COMMENCING faOM llG! SOI1l1lEAST COJlM!k OF SEC1l0N 21, TOWNSHIP 4. SOUlH.
MNCll!:a EAST; THl!NCEALONO THE SOUTH LINE OF SAID SEC1lON,
SOUTHI9"09'ST WEST, A DISTANCEGF 1S7t.10 FEET TO AI'OMONTllE WESTRlOHT-OF.
WAY OF PllESEIl VI LANE, 'LA T BOOK 34, PMlES 98-99;
THENCE ALONO SAlDPLAT, NOJ.TH 00'$6'05" WEST, A DISTANCE OF IOO.OOFEETTO A
I'OINT;
THI!NCE SOUl1l19'09'S1" WEST, A DI5T
COMMON COIlNI!J. TO LOTS J AM> ~
BEGINNlNO;
THENCE SOUTH 19'09'51"
ADJt1STI!:D COMMON
ntIlNCl! ALONG SAID AD TANCE OF21O.1I1'EET
TO A I'OM ON THE
1llEHCIl ALONG SAID IU E OF 52.00 fEEl'
TO A I'OM COMMON LO J
THENCE soum 00'50' !NT OF BEOlNNlNO.
(SEE ATTACHED SlCETCIl)
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9200 IIaaIla lIClIdI Rood, Sullt 213
Boai!I Spri.... FL 341JS
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Agenda Item No. 88
December 15, 2009
Page 18 of 26
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OR 4506
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Agenda Item
December 15NO. 88
P ~ , 2009
age 19 of 26
1'\I'SRYtIlIl
. \lotJnO)\Ll..AtUJST
Jut Mar 22 J]; 38: OS 2001
PlOT BY M.lT
Agenda Item No. 8B
December 15, 2009
Page 20 of 26
Division 2.2., Zoning Districts, Permitted Uses, Conditional' Uses, Dimensional Standards. of
Ordinance 91-]02, as amended, the CoJJier County Land Development Code. is hereby amended to read as
follows:
Division 2.2.
ZONING DISTRICTS, PERMITIED USES,. CONDITIONAL USES,
DIMENSIONAL STANDARDS
Se-~ 2.2.12 Commercial professional dilltrict (C~l) and commercial professional
transitional di.trict (C. 1m.
2.2. f 2.4.3 Minimum yard requirements.
1. Front yard. 25 feet or one-half of the build!n. height as measured
from each exterior waH..whichever is l!reater.
3. Rear yard. .15 feet or one-half of the buildin. heioht as measured
from each exterior wall whichever is lneater.
Sec. 2.2.13 Commercial convenience district (C-2).
2.2,)3.4.3 Minimum yard requirements.
I. Front yard. 25 feet or one-half of the buiJdinlz hdlZht as measured
from each exterior wall. whichever is Erea1er,
3. Rear yard. 15 feet or one-half of the buiJdina: hei.l!ht as measured
from each exterior wall. whichever is IITeater,
See. 2.2.14. Commercial intermediate district (C.3).
2.2.142.1. Permlueduses.
J - Unless otherwise provided for in this section, aJ(permiued Uses oftbe C-2 commerci.al
convenience dlstricl
2. Apparel.nd acce.sory store. (groups 5611-5699).
3. Auto and home supply stores (5531).
4. Automotive .ervices (7549).
5. Business services (groups 731l, 73!3, 7322~7338, 7361-7379. 7384, 7389 ex<<pt
auctioneering service, field warehousing, bottle labeling. packaging and labeling,
salvaging of damaged merchandise, scrap steel cutting and slitting),
6. Eating places (5812 only). AU establishments engaged in the retail sale ofalcoholil:
beverages for. on-premise consumption are subject to JocationaJ requirements of section
2.6.10.
7. Food slores (groups 54! 1--5499).
8. General merchandise stores (groups 531 J-53?9).
9. Group care facilities (category I and lI, except for homdess shelters); care units, except
for homeless shelters; nursing homes; assisted living fac:ili(jes pursuanl10 9 400.402 F .S.
aud ch. 58A-S F.A.C.; and continuing care retirement communities pursuant to 9 651 F.S.
and eh. 4.193 FAc'; sIl.ubject to seclion 2.6.26.
10. [Reserved.]
Words !We!; thrs~gR are deleted, words underlifl~ are added.
4
Agenda Item No, 8B
December 15. 2009
Page 21 of 26
.11. Home furniture, furnishing, and equipment stores (groups 5712-5736).
12. Libraries (8231).
13. Marines (4493), subject to section 2.6.22.
14. Membership organizations (8611-.8699).
15. Miscellaneous repair services (groups 7629-7631).
16. Miscellaneous retail (groups 59! 2-5963 except pawnshops and building materials,
5992-5999 excent auction rooms).
17. Museums and art galleries (8412).
18. Nondepository credit institutions (groups 6111.-6163).
19. Pain~ glass and wallpaper stores (5231).
20. Personal services (groups 7211, 7212. 7215, 7216 nonindustrial dry cleaning only.
7221-7251,7291).
21. Public administration (groups 9111-9199, 9229, 9311, 9411...9451, 9511-9532,
9611...9661).
22. Retail nurseries, lawn and garden supply stores (5261).
23. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. Videotape rentai (7841).
25. United States PostaJ Service (431 J except major distribution centers).
26_ Any use which was permissible under the prior ORC zoning district and which was
lawfully existing prior to the adoption of this code.
27. Any other general commercial use which is comparable in nature with the foregoing uses
including buildings for retail, service and office purposes consistent with lhe permitted
uses and purpose and intent statement of the districL
2.2.14.4.3 Minimum yard req~ir(!menJs,
I. Front yard. 25 feet or one-half of the buildine heilZht as measured
from each exterior wall whichever is l!reater.
3. Rear yard. 15 feel or one-half of the buildin~ help-hI as measured
from each exterior wall. whichever is l!reater.
Sec. 2.2.15. General commercial district (C-4).
2.2.15.4.3 Minimum yard requirements.
1. From yard. 25 feet plws see fset [-or eaeh eRe f~st eflH:lilaisg
height eyer 59 fe!!t or one-half of the buildjnli height as measured
from each exterior wall. whichever is l!reater.
2. Rear yard. 15 feet or one-half of the buiIdinC!: hei2ht as measured
from eacb exterior wall. whichever is U'Tealer.
Sec. 2.2.15K Heavy commercial district (C-5).
Words slna:!: ,hI Ju-gft are deleted, words un~iined lire added.
5
Agenda Item No. 88
December 15, 2009
Page 22 of 26
2.03.03 Commercial Zoning Districts
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and variety of goods
and services are those that provide an opportunity for comparison shopping, have a trade area
consisting of several neighborhoods, and are preferably located at the intersection oflwo-arterial
level streets. Most activity centers meet this standard. This district is also intended to allow all of
the uses permitted in the C-I and C-2 zoning districts typically aggregated in planned shopping
centers. This district is not intended to permit wholesaling type of uses, or land uses that have
associated with them the need for outdoor storage of equipment and merchandise. A mixed-use
project containing a residential component is permitted in this district subject to the criteria
established herein. The C.3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land use element of
the Collier County GMP. The maximum density permissible in the C-3 district and the urban
mixed use land use designation shall be guided, in part, by the density rating system contained in
the future land use element ofthe Collier County GMP. The maximum density permissible or
permitted in the C.3 district shall not exceed the density permissible under the density rating
system.
]. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are permissible
by right, or as accessory or conditional uses within the commercial intermediate district (C-
3).
a. Permitted uses.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Animal specialty services, except veterinary (0752, excluding outside
kenneling).
5. Apparel and accessory stores (5611--5699) with 5,000 square feet or less of
gross floor area in the principal structure.
6. Architectural services (8712).
7. Auditing (8721).
8. Auto and home supply stores (5531) with 5,000 square feet or less of gross
floor area in the principal structure.
9. Automobile Parking, automobile parking garages and parking structures
(7521 ... shall not be construed to penuit the activity of "tow.in parking
lots").
I O. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service. II
II. Banks, credit unions and trusts (6011..6099).
12. Barber shops (7241, except for barber schools).
13. Beauty shops (7231, except for beauty schools).
Agenda Item No. 8B
December 15, 2009
Page 23 of 26
14. Bookkeeping services (8721).
15. Business associations (8611).
16. Business consulting services (8748).
17. Business credit institutions (6153....6159).
18. Business services.- miscellaneous (7389, except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton
inspection, cotton sampler, directories-telephone, drive-away automobile,
exhibits. building, filling pressure containers, field warehousing, fire
extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and shearing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting, window trimming, and yacht brokers).
19, Child day care services (8351).
20. Churches.
21. Civic, social and fraternal associations (8641).
22. Commercial art and graphic design (7336).
23. Commercial photography (7335).
24. Computer and computer software stores (5734) with 5,000 square feet or less
of gross floor area in the principal structure.
25. Computer programming, data processing and other services (7371-.7379).
26. Credit reporting services (7323).
27. Dircct mail advertising services (7331).
28. Drycleaning plants (7216, nonindustrial drycleaning only).
29. Drug stores (5912).
30. Eating places (5812 only) with 6,000 square feet or less in gross floor area in
the principal structure. All establishments engaged in the retail sale of
alcoholic beverages for on.premise consumption are subject to locational
requirements of section 5.05.01.
31. Educational plants.
32. Engineering serviccs (871 1).
33. Essential services, subject to section 2.01.03.
34. Federal and federally. sponsored credit agencies (6111).
35. Food stores (groups 5411...5499) with 5,000 square feet or less of gross floor
area in the principal structure.
36. Funeral services (7261, except crematories).
37. Gannent pressing, and agents for laundries and drycleaners (7212).
38. Gasoline service stations (5541, subject to section 5.05.05).
39. General merchandise stores (5331....5399) with 5,000 square feet or less of
gross floor area in the principal structure.
40. Glass stores (5231) with 5,000 square feet or less of gross floor area in the
principal structure.
Agenda Item No. 88
December 15. 2009
Page 24 of 26
41. Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to F.S. S 400.402 and ch. 58A-5 FAC.; and continuing care
retirement communities pursuant to F.S. S 651 and ch. 4-193 F.A.C.; all
subject to section 5.05.04.
42. Hardware stores (5251) with 1,800 square feet or less of gross floor area in
the principal structure.
43. Health services, offices and clinics (8011--8049).
44. Home furniture and furnishings stores (5712....5719) with 5,000 square feet or
less of gross floor area in the principal structure.
45. Home health care services (8082).
46. Household appliance stores (5722) with 5,000 square feet or less of gross
floor area in the principal structure.
47. Insurance carriers, agents and brokers (6311--6399, 6411).
48. Labor unions(863I ).
49. Landscape architects, consulting and plalU1ing (0781).
50. Laundries and drycleaning, coin operated -. self service (7215).
51. Laundries, family and commercial (7211).
52. Legal services (8111).
53. Libraries (823]).
54. Loan brokers (6163).
55. Management services (8741 & 8742).
56. Marinas (4493), subject to section 5.05.02.
57. Membership organizations, miscellaneous (8699).
58. Mortgage bankers and loan correspondents (6162).
59. Museums and art galleries (8412).
60. Musical instrument stores (5736) with 5,000 square feet or less of gross floor
area in the principal structure.
61. Paint stores (5231) with 5,000 square feet or less of gross floor area in the
principal structure.
62. Personal credit institutions (6141).
63. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental,
costwne rental, dating service, debt counseling, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation service,
and hair removal only) with 5,000 square feet or less of gross floor area in
the principal structure.
64. PersolU1el supply services (7361 & 7363).
65. Photocopying and duplicating services (7334).
66. Photofinishing laboratories (7384).
67. Photographic studios, portrait (7221).
68. Physical fitness facilities (7991).
69. Political organizations (8651).
70. Professional membership organizations (8621).
71. Public administration (groups 9] 11--9199,9229, 9311, 9411--9451, 9511--
9532,9611--9661).
72. Public relations services (8743).
Agenda Item No. 8B
December 15, 2009
Page 25 of 26
73. Radio, television and consumer electronics stores (5731) with 5,000 square
feet or less of gross floor area in the principal structure,
74. Radio, television and publishers advertising representatives (7313).
75. Real Estate (6531....6552).
76. Record and prerecorded tape stores (5735) with 5,000 square feet or less of
gross floor area in the principal structure.
77. Religious organizations (8661).
78. Repair services - miscellaneous (7629--763 I, 7699 - bicycle repair, binocular
repair, camera repair, key duplicating, lawnmower repair, leather goods
repair, locksmith shop, picture framing, and pocketbook repair only).
79. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet
or less of gross floor area in the principal structure,
80. Retail services. miscellaneous (5921-.5963 except pawnshops and building
materials, 5992.5999 except auction rooms, awning shops, gravestones, hot
tubs, monuments, swimming pools, tombstones and whirlpool baths) with
5,000 square feet or less of gross floor area in the principal structure,
81. Secretarial and court reporting services (7338).
82. Security and commodity brokers, dealer, exchanges and services (6211--
6289).
83. Shoe repair shops and shoeshine parlors (7251).
84. Social services, individual and family (8322 activity centers, elderly or
handicapped only; day care centers, adult and handicapped only).
85. Surveying services (8713).
86. Tax return preparation services (7291).
87. Travel agencies (4724, no other transportation services).
88. United State Postal Service (43 I I, except major distribution center),
89. Veterinary services (0742, excluding outdoor kenneling).
90. Videotape rental (7841) with 5,000 square feet or less of gross floor area in
thc principal structure.
91. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in
the principal structure.
92. Any use which was pernlissible under the prior General Retail Commercial
(GRC) zoning district, as identified by Zoning Ordinance adopted October 8,
1974, and which was lawfully existing prior to the adoption of this Code.
93. Any of the foregoing uses that are subject to a gross floor area limitation
shall be permitted by right without the maximum floor area limitation if the
use is developed as a component of a shopping center.
94. Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrati ve as opposed to the operational functions of a business and are
associated purely with activities conducted in an office.
95. Any other commercial or professional use which is comparable in nature
with the (C.I) list ofpemlitted uses and consistent with the purpose and
intent statement of the district as determined by the board of zoning appeals
pursuant to section 10.08.00.
Agenda Item No. 88
December 15, 2009
Page 26 of 26
?
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NOTICE OF INTENT TO
CONSIDER REPORT
Notice is hereby given that the Board
of County, Commissioners of Colller
County wIll hold _8 public hearing. on
Tuesday, December 15, 2009, in the
Boardroom," 3r9 Floor, Administration
Building, Collier County Government
Center, 330l East Tamiami Trail,
Naples Florida; The ,meeting- will be-
gin at '9:00 A.M. The title of t'1i5 report
is as follows;
NOTICE OF INTENT TO CONSIDER A
COUNTY ATTORNEY REPORT ON THE
TOWN MARKET PROPERTY- LOCATED
AT 7770 PRESERVE LANE IN THE OLDE
CYPRESS PLANNED UNIT DEVELOp.
MENT (PUO) AND WHETHER THE U-
HAUL BUSINESS OPERATED AT THE
SITE IS COMPARABLE IN NATURE TO,
OTHER C-3 USES ALLOWED IN THE
PUOAND WHETHER THERE IS SUfFI.
ClENT PARKING TO ACCOMMODATE
THIS USE.
der to participate in this proceeding,
you are entitled, at no. cost to you, t9
the provJsion "of certain assistance.
Please contact the Collier County. Fa-
cilities Management' Department,' lo-
cated at '3301 Tamiami Trail East,
Building W, Naples, Florida 34112,
(239)252-8380., Assis!ed ,listen.ing de~
vices for the hearing ImpaIred are
available in the County Commissioners'
Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Ann Jennejohn, Deputy Clerk
(SEAL)
I)ptpmhf>r 4 :>Mq No1R'RRR~
NOTE: All persons wishing to speak on
any agenda item must reaister with
the County Administrator pnor to pre-
sentationcif the agenda item to be
addressed. 'ndividual speakers will be
limited to 3 minutes on any item. The,
selection of an individual to speak on
behalf of an organization or group is
encouraged. If recognized by the
Chair, a spokesperson for a group .or
organization, may be allotted 10 min.
utes to speak on an item.
Persons wishing to have written or
graphic material included in the Board
agenda packets must submit sai~ ma~
terial a minimum of 3 weeks prior to
the respective public hearing. In any
case, written materials intended to be
considered by the Board shall ~e sub.
mitted to the appropriate County staff
a minimum of seven "days prior to t~e
public hearing. All mat,lmal used ~n
presentations before the Board WIll
become. a permanent' part of the re-
cord. '
Any person who deCides to appeal.a
decision of the Board will need a re-
cord of the proceedings - pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, whk:h record in-
cluded the testimony and evidence
upon which the appeal is based.
If you are a person with a dilability
who needs any accommodation in or-