Backup Documents 12/15/2009 Item # 8B
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)8B
, ~
To: Clerk to the Board: Please place the following as a:
J:gJ Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
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Originating Dept/ Div:
County Attorney
Person:
Jeffrey A. Klatzkow
Date:
11/25/09
Petition No. (If none, give brief description):
Connty Attorney report
Petitioner: (Name & Address): none
Name & Address ofanyperson(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
None
Hearing before
BC~
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) December 15, 2009
(fa Ice. odilwi i:.e.cQ
toy 1~/1{ICfJj
Newspaper(s) to be used: (Complete only if important):
J:gJ Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common location & Size) - Notice of Intent to Consider - County Attorney report
on the Town Market Property located at 7770 Preserve Lane in the Olde Cypress Planned Unit Development (POO) and
whether the UHaul business operated at the site is comparable in nature to other C-3 uses allowed in the POO and whether
there is sufficient parking to accommodate this use.
Companion petition(s), if any & proposed hearing date: None
Division
~
Date
Order Number to be charged for advertising costs: #4500110664
List Alta
()OM~..
DISTRIBUTION INSTRUCTIONS
A. For hearings beforeBCe or BU: Initiating person to complete one copy and obtain Division Head approval before
submitting to Connty Manager. Note: If legal document is involved, be sure that any necessary legal review, or reqnest
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
. copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE. O~Xi ._
Date Received: ~ Date of Public hearing: ~
04-COA.01027/2784
Date AdVertiSed:_
~"
"88
If
, 'I8D · Friday, December 4,;2009 . Naples Dally News
. .
NOTICE OF INTENT TO
CONSIDER REPORT
Notice is hereby" given that the Board
of County, Commissioners of Collier
County wrlt..hold... a 'public ,hearing. on
Tuesday, December 15,2009, In the
Bo.ar'Clroom, 3rQ Floor, Administration
Building, Collier ," County. Government
Center 3301 East Tamiami Trail,
Naples'Florida. The, meeting will be-
gin.at'g:Oo A.M. Thetitleof thjs report
is as follows:
NOTICE OF INTENT Tn,CQNSIDER ,A i
COUNTY ATTORNEY REPORT ON THE
TOWN MARKET PROPERTY' LOCATED
AT 7770 PRESERVE LANllN ,HE OLOE
CYPRESS "PLANNED UNIT DEVELOP-
MENT(pUD) AND WHETHER",JHE' U,
HAUL BUSINESS OPERAT<OAT THE'
SITE IS COMPARABLE IN NATURE TO.
OTHER C-3 USES AllOWED IN THE
PUD ,AND WHETHER'THERE IS SUFFI-
CIENT PARKING TO ACCOMMODATE
THISU5E. .
NOTE: All persons WIShing. to ,speak on
any agenda item must. register with
the, County Administrator prior to pre-
sentationof 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
Chair, a spokesperson for -a group _.or
organization _ may !;Ie allotted 10 mm-
utes to speak on an Item:
Persons wishing .'tohave written or
graphic material included I,n -the Board
agenda packets,must submit said ma~
terial a minimum. of 3 weekS' prior. to
the respective pubJichearing. In any
case, written materials intended to be
cons'ideredby, the Board shalllllesub-
mitted to the appropriate County staff
a minimum of seven Idays prior to the
public . heari~g. All mat,nalused. in
presentations before the' Board will
become, a permanent. part of the re-
cord. .
.
der ,to participate,lntMis, proceeding,
you are entitled. at no, cost,to you, to
the provisIon ::of certain assistance.
Please contact the Collier County Fa-
cilities Mara,agement Department, 10'
cated at 330,. Tamiaml Trail East,
Building W, Naples, Fl~rida. 34112,
(239)252-8380, Assisted hste~mg de-'
vices' fOr the 'hearing Impal.re~ ar~
available In' the County CommlSStoners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT f. BROCK. CLERK
BY: Ann 'Jennejohn, Deputy Clerk
(SEAL)
Deipmbp.r 4 'Ooq Nn1R'~RR~
Any person. who decides to appe,a!.a
d@cision of the' Board' will need a re~
cord of the. proceedings" pertaining
the1'eto and therefore, may. need to
ensure that a verbatim record of the
' proc!!'edings Is made, which, record jn~
eluded the testimony and evidence
upon which the appeal is based.
If you are a person with a dila~Jlity
who needs any accommodation - in or-
8 B .~~
Executive Summarv
County Attorney report on the Town Market property located at 7770 Preserve Lane in the
OIde 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.
OBJECTIVE: To provide the Board information relating to C-3 uses in the aIde Cypress PUD
and in similar developments to enable the BCC to make a finding that the U-Haul business is or
is not comparable in nature to other C-3 uses in the PUD.
CONSIDERATIONS: On November 10,2009, Mr. George Chani appeared before the Board
during public petition, Item 6B, to request that "the Board allow the Town Market to keep the U-
Haul business and allow this use during these very hard financial times." The Board directed the
County Attorney and Zoning staff to work together to answer the question of what is historically
comparable with the existing use. In October 2009, the Code Enforcement Board found a use
violation of the Land Development Code relating to the U-Haul business and issued an order
finding a violation with fines to accrue if the violation is not abated. (A copy of the order is
attached.)
The Town Market is located at 7770 Preserve Lane. It includes ten gasoline fueling stations, a
convenience store with fast food, a car wash, a pool supply store and vacant office space.
PUD Regulations: The Town Market is located in the Community Shopping and Business
Office Center District of the aide Cypress POO. Section 8.02 of Ordinance No. 2000-37, as
amended, the Olde Cypress POO, allows the following Permitted Uses in the Community
Shopping and Business Office Center District:
"i. All commercial uses permitted by right in the C-3 Commercial
intermediate District of Section 2.2.i4 of the Land Development Code in effict
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. I 4.2.1 of Ordinance 2000-08, the Land Development Code Amendment, effective on
January 31, 2000. Some of the permitted uses include Automotive Services (SIC Group 7549),
Auto and Home Supply Stores (SIC Group 5531) and Food Stores (SIC Groups 5411-5399). A
gasoline service station is not expressly listed as a permitted use. It should be noted that a
gasoline service station is expressly listed as a permitted use in the C-3 zoning district under our
current code. CDES staff's position is that the Town Market includes a convenience store with
gas pumps and not a gas station.
8 8 ~
At the time of adoption of the PVD 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 comer 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
V-Haul rentals are operated out of the Sunoco station at the comer of Radio Road and Santa
Barbara Boulevard. This property is zoned CommerciallMulti_Vse "C-I" in the Berkshire Lakes
PVD. Permitted uses in this district include automobile service stations and vehicle rental _
automobiles only. Truck rentals are not expressly authorized.
V-Haul rentals are operated out of the gas station at 11200 Tamiami Trail East, across from
Naples Manor. The property is zoned C-4. No records of a conditional use were located.
Other businesses that rent trucks:
Budget, 524 Industrial Blvd. The zoning is Industrial.
Budget, 1695 Tamiami Trail East (next to V-Haul). The zoning is C-4 GTMUD-MXD.
Budget, 5625 Taylor Road. The zoning is C-5.
Fibber McGee-V-Haul (by reservation, trucks are not stored on site) 571 Airport Rd. The zoning
is C-5.
Home Depot North, 2251 Pine Ridge Road. The zoning is C-5.
Home Depot South, 1651 Airport Road South. The zoning is C-4 GTMUD-MXD.
Penske, 3836 Tollgate Boulevard. The zoning is Tollgate Commercial Center PVD.
Penske, 1810 J & C Blvd. The zoning is Industrial.
Penske, 565 I Shirley Street. The zoning is Industrial.
Simply Self Storage, 136 I Airport Road. The zoning is C-5.
V-Haul, 2001 Tamiami Trail East. (next to Budget) The zoning is C-4 GTMVD-MXD.
V-Haul, 2425 J & C Blvd. The zoning is Industrial.
V-Haul, 9295 Tamiami Trail (comer of 93'd Ave N). The zoning is C-3. The property owner was
cited by Code Enforcement with a use violation after distribution of this executive summary in
draft form.
County Attorney's Conclusion: Truck rentals, such as V-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) finds that the V-Haul trucking business is not compatible in nature
with the C-3 permitted uses of the Olde Cypress PVD. 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 Development 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 modi/)' the administrative decision.
8 B ~
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 PUD. The site is developed with a mixture
of retail uses including a business center, offices, a dry cleaner, car wash, pool store, copy center,
kitchen area for restaurant and convenience retail including a 10-pump gasoline filling area for
passenger vehicle gasoline refueling. The building is approximately 9,326 square feet in area
and a total of 53 parking spaces are provided on site per the previously approved Site
Development Plan (SDP). The Land Development Code (LDC) requires 47 parking spaces to be
provided per the uses originally approved, therefore there is an excess of 6 parking spaces per the
approved SDP. Adjacent to the site on a separate tract to the west, is an existing retail shopping
center approximately 27,025 square feet in area that houses a variety of neighborhood retail,
medical, office and restaurant uses. North of the subject site on a separate tract is a self-storage
facility.
Pursuant to section VIII, specifically subsection 8.02.A.2 of the Olde Cypress PUD (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 75 I 3 and 75 I 9) under the auspices of the
provision of the PUD which allows "any other commercial use or professional service which is
comparable in nature with the foregoing uses and which the Development Services Director
finds compatible within the District." The truck/trailer rental business is an existing, illegal use
of the property and is presently under a Code Enforcement Order to 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 petition request
made by the property owner to the Board on October 27, 2009. Given those circumstances, the
details of the rental business as it relates to the services provided on the Town Market site were
derived from the U-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.m. to 4:00 p.m. and;
Saturday: 10:00 a.m. to 2:00 p.m. and;
Sunday: 9:00 a.m. to 3:00 p.m.
After hours drop-off is available
U-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 U-
Haul web site do not appear to exceed 17 feet in length; however it is unclear if trucks exceeding
that size could be returned to this site (not originally rented here). It was also difficult to
ascertain what types of trailers are available from this 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 areas on site; all of the parking spaces are the standard LDC required size of 9 feet
x 18 feet. The trucks and trailers are currently stored in these parking spaces which were
approved specifically for the retail businesses. Trucks and trailers are located primarily within
the parking spaces on the south side of the property (fronting lmmokalee Road) and on the west
side of the property, between the subject site and The Bougainvillea Center, a retail shopping
88 #'4
center. Aerial photography over various times reveals that at any given time there are
approximately 7 to 25 trailers/trucks on the site depending on rental demand.
A truck/trailer rental operation (SIC Code 75 I3 and 7519) is not a pennitted use in the C-3
zoning district; it is allowed with conditional use approval in the C-4 zoning district and is a
pennitted 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 personal needs). The commercial component of the PUD presently
allows all uses permitted by right in the C-3 zoning district. In the Zoning Director's opinion
there are no comparable uses to a truck rental facility currently 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, 1999 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 POO.
Self-storage is presently pennitted 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 pennitted by right in the C-5 and Industrial
zoning district; C-5 is the County's most intensive commercial district. The C-5 zoning district
allows outdoor storage of merchandise; the C-4 and C-3 districts do not; the rental use has an
outdoor storage component (trucks and trailers). The uses allowed in the Heavy Commercial
Zoning district tend to utilize outdoor space in the conduct of their business. In fact, when the
PUD was amended to allow the self-storage use, the development intensity of the commercial
tract was required to be reduced to accommodate for the increase in intensity and a specified
location and hours of operation were also adopted. The service station component in this PUD
does not provide for vehicle repair and maintenance; gasoline is sold here as a convenience just
like any other retail commodity. The commercial component of the 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 pennitted 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 required for the existing retail center. Therefore,
sufficient parking on site to accommodate more than 6 additional vehicles and/or oversized
vehicles does not exist. Limiting the number of vehicles to 6 would make it impractical from a
business standpoint and enforcement standpoint and a compatibility standpoint to potentially
park oversized vehicles and trailers on a site that was not designed to accommodate that use. As
previously mentioned, the primary uses on the commercial tract of the aIde Cypress PUD are
low intensity commercial uses designed to provide small scale retail services for daily goods to
nearby residents. A truck/trailer rental facility 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
8B
truck rental use on site or within the PUD. In conclusion, the truck rental business is not
compatible with those small scale retail uses that currently exist on the subject site and within the
C-3 district itself.
Please also note that upon a site visit it was discovered that the required landscape buffers
parallel to Immokalee Road are now approximately 80 percent devoid of the required vegetation
(trees and shrubs) and that vegetation will need to be replaced or further Code Enforcement
Action may have to be taken.
FISCAL IMP ACT: There is no fiscal impact to the County.
GROWTH MANAGEMENT IMPACT (Provided by Stafl): 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.
RECOMMENDATION: 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 V-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 aIde Cypress POD.
PREPARED BY: Jeffrey A. KJatzkow, County Attorney and Heidi Ashton-Cicko, Assistant County
Attorney
HlHF AClExSum
Attachments: Public petition
Background on code cases
Code Board order
Extract from Ord. 2000-08 showing permitted uses in C-3
Extract from current LDC showing pennitted uses in C-3
.
.
88
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88
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Report Title: Code Case Details
88
Date: 11/1712009 8:54:33 AM
Case Number: ceJu20090010758
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Case Number: CELU20090010758
Case Type: Land U..
Priorijy: Normal
Inspector: martlndareron
Jurisdiction: Collier County Code Enforcement
Origin: Public Portal
Detail Description: The aale of aWlmmlng pool auppllea and equipment outside of building. Ualng a truck for
atorage of chlorine on alte with out any chemical containment for aplllage. lack of hlWlrd algna
ahowlng the nature of chemical and alao aame truck uaed for advertlalng. ParkIng at Iltela
Inadequate that haa atleaat5 different bUllnesl. (lite plan for parking) It aeema to many
bualneaa under one roof and lack of parkin and fire protection around bulldln ?
location Comments: 7730 Preserve Lane Nep'e. 34119 (ACTUAL LOCATION 7770 PRESERVE LN. 8/5109 RM/45)
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Status: Open
Date & Time Entered: 612012009 3:02:25 PM
Entered By: Gueat
Case DIsposition: Hearing
WEB 252
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Address 7730 Pre..rve LN Unlt:5 Naples, FL
Property 68391446108
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Property Owner BOUGAINVILLEA CENTER LLC
1
Business Menagement & Budget Office
Code Case Details
88
Execution Date 11f17f2009 8:54:33 AM
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Enter Inlllal Case In(ormatlon OellclaPulsa 6/20/2009 6/2212009 ComplaJe WEB 252
Initial Inspection martlndaleron 71912009 6130/2009 Incomplete On site. rear lot contains 8 to 10 U-HAUl
rental trallel1l,trucka. vans, South side 01
business has large box truck with 81gnage for
pool supply slora, Resea~lred.
Initial Inspection martlndaleron 71912009 719/2009 Incomplete Have obtained SUe Development Plln Ind
contacted Kay Oaselam of Zoning Ind Land
Development Review. A meetfng had been
schaduled 10 dlscu.. case 7/14109 @ 10:0010
11:00 AM. Photos emalled to her for
Inlomatlon,
CE Meeting martlndlleron 7/1412009 7/1512009 Completa Met with supeMsor Jell leloumasu, We
dlscu.sad the case and called the Shopping
center ownar GEORGE CHAML Jail
explained the obvious violation. nl1lt Ind then
other potential problems. He was thIn pllced
on speokerphonl SO we could both talk to to
him. It was explained the call was being mada
8S 8 courtesy and no notices were filed yet.
Ha will ba allOWed to pureuI lvenUls to ellec1
compliance with the allegations at least until
the area Investigator returns from
vlcation.lnvestfgatlon to reoume at thlt Jlml.
RM/45
CE Meeting martlnellleron 711412009 7/1412009 Complete Meeting with Ray Bellows,zonlng manger,
Kay Deselem. The noport was dlscu"ad anel
sUa plan reviewed. Kay advised tha U-Haul
truck rantal buslnass should be permitted only
In locations zoned es C-S end that location 01
business was zoned as PUD. THerafore noJ
permitted. Site plens end photos Indicate the
Original drive-thru window at the SE COmer 01
the structure was deslgnad for banking Use.
The drive up Wlnelow hal been replaced by a
door Ind e ramp Installad to the door,blockIng
the former drtve thru. No permita found for
Installation. F'!!It1Yer research required.
Inltlallnepectlon martlnd.leron 7/2712009 8/512009 Vlolatlon(s) R...."'" Indicates U-Haul type 01 buslne..
Found oparallon Is permitted only In areal zoned C.
4. Willl.sue NOV for zoning vlolatlon.RM/45
Record Violations martlndaleron 8/512009 8/512009 Complete
Attach PlctureCs) marUndaleron 8/512009 8/5/2009 Complete
Generate Notice 01 Vlol.tlon martlndaleron 8/512009 8/512009 Complete
CE Mailing DellclaPulse 8/6/2009 816/2009 Complete Mailed NOV certified Ind regular 10 the agent.
2
Business Management & BUdget Office
Code Case Details
Execution Date 11/17/20098:54:33 AM
I"~:it. ..I:l!l.~ .' Alii~iliiil. 'R.qUINiI]j! ""C'liilipl.lia1i :'jIGUtConQ\i{ <'-F . <;olll!l\i!lili. ,'" '.. ;'" . .
"'~. . ..... "'::;!.!.'-.;",,, "'-"."..::.-;..,-.-1.,,,(;,; n'::i:",."_,,,........:..I,:,r . . . 'P............... . .
CE Phone Cell martindaleron B/l0/2009 B/l0/2009 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
SAIO A PERMIT WAS ISSUED FOR THE
WORK AND THAT THE WORK WAS
AlREADy APPROVED. I EXPLAINED
WHILE THE PERMIT 2009051495 WAS
APPLIED FOR 5/22109 AND SHOUlD
EXPIRE 11/18109 IT WAS STILL IN "APPLY'
STATUS. THIS IS DUETOA HOLD FROM
PlANNING. HE ADVISED HE WILL SUPPLY
ALL DOCUMENTS HE HAS TO ADO TO THE
CASE TO SHOW HIS EFFORTS TO
COMPLY.
Re-Inspection martJndaleron B/l1/2009 10/8/2009 Non- Hea~ng notice POOled at lite (RM/45) and
Compliant couMoula (RB/83). Aflkjavllo of peeUng
Ilgned.
Re-ln.pectJon mart/ndaleron 9/812009 9/1612009 Escalata to No chenge. Rental equipment remain. on
Legel .Ite. Stlllln Violation. Prepere for CEB Hea~ng.
RM/45
Assign HeMng Type martlndaleron 9/16/2009 9/16/2009 Code
Enforcemen
t Board
Hea~ng
CE Supervisor ReView (CE) letourneau J 9/1612009 9/2312009 Complete
CE Slaff Ravlaw martlndaleron 9/2512009 9/25/2009 Complete OPEN CASE REPORT. submlttld for haanng
review.
10/7/09 RESUBMITTED CASE FOR
SUPERVISOR REVlEW.CORRECTIONS
MADE
10/21/09: SCHEDULED FOR CEB HEARING
10122109
11/4109: Respondent orderedBby CEB to
cease III outside storege of rental vehicles or
relocate ell rentel vehicles or equipment within
120 days or $100/day wfll ba Imposed and
pay operallonal costs of $68.1~ 11122109.
CE Legal Ravlew jennlferwaldro 9/30/2009 9130/2009 Rejected Returned pe""et to RM43 for required
n changes. JW44
CE Staff Review martindaleron 10/1/2009 1018/2009 Comp/eta PI....e make required change. to packet and
re-Iubmil JW44
RESUBMITTED WITH CORRECTIONS
CE Lagal Review Jennlferwafdro 1017/2009 101712009 Schedula Schedula for CEB. JW44
n for SMJeEB
Schedule Case for Hearing Jannlferwa/dro 1017/2009 10/7/2009 Complete Scheduled for CEB on 10/22109. Cannot
n schadule in cllyvfew due to deadline. JW44
Generate Hearing Notice (CE) ColleanDaVids 10/7/2009 10lB12009 Complete 10112/09 Mailed NOH regular mall. .ent
on packet or evidence certifiecf.CO
Pra Hearing Inspection ma~lndeleron 10121/2009 10/21/2009 Completa
3
Business Management & Budget Office
a-B
Code Case Details
Execution Date 11/17/2009 8:54:33 AM
..-
-. .' nii,e "A..Igiiiid",r !i'~~1I111l11 "C~lII.d' 'oliteoin. .:eoriilliiiilS
.....,,""' -......
Record Heering Resu~s Jennlferweldro 10/26/2009 10/2712009 Compl.te Respondent orderud to cease all outslda
n otorage of rental vehides or relocate all rantal
vehicles or equipment within 120 day> or
$loo/day Will be imposed and pay operational
costs of $86.14 by 11122/09. JW44
Generate Hearing Results Notice Jennlferwaldro 11/19/2009 Pending
(CEl n
Re-Inspectlon mertlndeleron 11/23/2009 Pending
Post Hearing Re-Inspacllon mertlndaieron 2/23/2010 Pending
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Vloletlon Deocrlptlon StatUI Entered. CorrecIW',: (!Amollnt .' Comments ~
',,,,,"" I;;:;, ..
Prohibited Us. NOV 'ssued 6/512009 $0 Wltn....d trucl< rental buoln..o operatad In C
-3 zoned location. Truck rental. pennltted only
In erae. with ~ zonl~
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'",,,,_.,,.-,
Cod. Enforcement Hearing on Code R.vlew Guilty 2/22/2010 $100 ReSPOndent ordered to cea.. aU outsld.
10/2212009 .torage of rantal vehicles or relocata ell rental
vahldes or equipment within 120 dey> or
$loo/day will be Imposed end pay operational
coots of $66.14 by 11122109. JW44
4
Business Management & Budget Ofllce
J
o.1frIl!1'gOtr.net
... "...................................
Report Title: Code Case Details
Date: 11/17120098:55:54 AM
Case Number: cesd20090012981
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Case Number: CESD20090012961
Case Type: Site Development
prtortty: Normal
Inspector: martlndaleron
Status: Open
Date & Time Entered: 8/5/20082:24:10 PM
Entered By: martlndaleron
Case Disposition: Hearing
Jurtsdlc<<on:
Origin: Field Observation
Detail Description: Installation of elevated ramp to Ixterlor of structure and addition of door without permlta.
Location Comments: 7770 Praserve Lane "Splash 2 Sizzle" store located In Town Market Plaza.
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Address 7770 Preserva LN Naples, FL
Property 68391446166
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Property OwnerfJ PEACEFUL L C J
L
Business Management & BUdget Office
Code Case Details
Execution Date 11/17/2009 8:55:54 AM
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Da.e , A~I~~.d . iReqliliOdh, ,,/!Iomplalad Outcom. 'd' . Co~!!'I.~'-. .'
Initial Inspection martlndaleron 8/5/2009 8/5/2009 Vlolatlone.) while Investigating zoning violation complaint
Found CELU2oo9001 0758 al the Town Markel Plaza
it COme to my attention the original drfve-lhru
window lana wa. repleced wllh en eleveted
entry ramp and exterior doors Also Interior
door hed been Installed In. Alteratlona wre at
the 'SPLASH 2 SIZZLE" pool SUpply
busln... . No permits ware obtelned. NOV to
be ISSUed. RM/45
ReCOrd Vlo/etlons martfndaleron 8/5/2009 8/5/2009 Complete
AUach Plcture(s) martlndaleron 815/2009 8/5/2009 Completa
Generate Notlco of Violation martlndaleron 815/2009 815/2009 Complete
CE Melling OellolePulse 81612009 8/612009 Complete Mailed NOV cartiffed end reguler to the agent.
Re./nspectlon mart/nds/era" 9/812009 9/1612009 Requires violation remelns. no permits epplled for
Hee,rfng
Assign Heerlng Type martindaleron 9/16/2009 9/1612009 Code
Enforcemen
tBoant
He8rl~
CE S"pervlsor Revlew (CE) letoumeau.J 9/1612009 9/2312009 Complete
CE legal Review jenniferwaldro 913012009 913012009 Rejected Ratumed pecket to RM43 for required
n Changes. JW44
Enter Initial Case InformatIon martIndaleron 10/112009 8/5/2009 Complete
CE Stair Review martlndaleron 10/112009 10/7/2009 Complete Please make req"'rad changes to pecket and
,a-submit. JW44
CE legal Review jannlferwaidro 101712009 101712009 Schedule Schedule for CEB. JW44
n for 8M/CEB
Schedule Cese for Hearing JennffelWeldro 10/7/2009 101712009 Ccmplete Scheduled case for CEB on 10/22109. Cennot
n sChad"'e In cilyvlew due to deadline. JW44
Generate Heerlng Notfce (CE) ColleenOavids 101712009 10/612009 Complate
on
R~lnspectlon martlndaleron 10/612009 10/8/2009 Non- Posted stte(RM/45 and courtho"se
CO'!'e"ent .CRB/83).Affldevlt ~ed. photos o~!!S.s.
Pre Hearing Inspactlon martlndaleron 10/21/2009 10/2112009 Complete VIOLATION REMAINS
Recent Hearing Results jennlferwaldro 10/2812009 10/27/2009 Complete Respondent onterad to obtelm building permtt
n or demo permtt, Inspections and CO within
120 days (212212010) or S1oo/dey will be
Imposed and pey opearetional costa of S86.14
by 11122109. JW44
2
Business Management & Budget Office
Code Case Details
execution Date 11/17/20098:55:54 AM
[ , Delie ' ~~ned Rtllulred!! :"'ClltnPI8ljlli" Outcom.', ..:.L... coniljiliritt ',', "
",,:: ,. ..j...1 ~:,-, '-'....
CE Phone Cell martlndaleron 11/6/2009 111612009 Complete CAlLED OWNER OF SPlASH 2 SIZZlE 596
-7946 TO CHECK STATUS.HE AllVISED SIP
MUST BE CHANGED DUe TO
INSTAUATlON OF CONCRETE PAD FOR
NEW CHLORINE TANK. HE IS SUBMIITING
THIS CASE REQUIREMENTS INTO lliE
NEW SIP. I Will ADVISE SHOPPING
CENTER OWNER OF PROGRESS AND TO
VERIFY HIS PAYMENT OF COURT
OPERATIONAL COST.( OWNER GEORGE
CHAM I 571.777?l
Generate Heering ResuII$ Notice jenniferwaldro 11/19/2009 Pending
c~ n ,
Re-Inspection msrtlndBleron 11/2612009 Pending
POS! Hearing R,,'nspecllon martindaleron 2/2312010 Pending
3
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. ,-, ,''Status Ii' Entered:!>-' CO~~~..d
NOV Issued 6/5/2009
. "ArnountH'!' 1[:
,.",',.., Co,:;::'
,c:Onl1il.~te
Vip, '"I,., 'ilQ,n D..cllp, ,lion
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Building Permn FBC
Improvement Prior to Building Permit NOV Issued
8/512009
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;"1':
Ra"Oh
Ra~,~1t
C'~!Ilpllanct
2/2212010
, Ffn~~y
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CO'nllltlolt"
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Code Enforcement Hearing on
10/22/2009
Code Review GUilty
$100 Respondent ordered to obtalm building pennn
or demo permit. InspecfJons and CO within
120 deys (2122/2010) or $100/daywtll be
Impo.ed and pey opearatlon.' coats 01 $66.14
b 11/22/09. JW44
Buslne.. Management & Budget OffIce
INSTR 4359547 OR 4506 PG 2536 RECORDED 11/5/2009 10:30 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 135.50
CODEENFORCE~BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. fLORIDA,
Petitioner,
CEB NO.: CELU200900107S8
vs.
J. PEACEFUL, LC,
Respondenl.
,
THIS CAUSE havlnseome before Ih
22, 2009, and Ihe Board, having h
appropriate matters, thereupon is es
follows:
enl Board al public hearlnS on Oclober
evidence, and heard respeetive 10 all
io of Law, and Order of Ihe Board, as
I. ThaI Oeorge Cham; is he
2. ThaI Ihc Code Enfore
Respondenl, having been duly n
3.
Truck rental business prohiblled In C-3 zoned location (permitted only in C-4 zoned localion).
ORDER OF THE BOARD
Based upon Ihe foregoing Findings of Fael and Conclusions of Law, and pursuanllo the authority
granled In Chapter 162, Florida Slatutes, and Collier County Ordinance No. 2007-44, il Is hereby
ORDIlRED:
Thallhe violations of Section 2.02.03 of Ordinance 04-41, 8$ amended, Ihe Collier County Land
Development Code, be corrected in the following manner:
J. Tha Respondent shall pay operational cOSlsln tho amounl of 586,14 incurred In the prosecution
Oflhls case within 30 days oflhls hearing.
2. The Respondenl shall Cease all outside stora8e and renlal vehicles and equipmenl or relocate
rental vehicles and equlpmenllo an area designated for such use, or have Ih. property rezoned 10 allow for
such use, within 120 days Oflhls hearing, or a nne of 5100.00 per day will b. imposed for each day the
violation remains.
OR 4506 PC 2537
8B
~
3. lfthe Respondent fails to Dbate the violation, the County may abate the violation and may use
the assistance of the Collier County Sheriff's Omce to enforce the provisions of this Order with all costs of
abatement to be assessed to the property own.r.
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 sball not be a bearing de novo, but shall be limited to
appellate review of the reeord created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this Q'i;H--day of October, 2009, at Collier County, Florida.
STATE OFFLORIDA )
)
COUNTY OF COLLIER)
ay of October, 2009, by Gerald
who is ~ personally known
n.
The foregoing InstnJm nt,
Lefebvre, ChaIr of the Code E orc
10 me or _ wbo has produ
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a lroe and eorrect copy Oflhls ORDER has been sent bl~' S. Mall to: 1
Peaeeful LC, clo George Chaml, 7675 Margherita Way, Naples. FL 34109 on this 2.9 (lay of October,
2009.
:'::oI~~~ .,.,..,.,<'. ";";'~~~~i;J~oN~icKq~QUIRE
I HEREBY CfFi1JFY::rifAT.tIiit'iI..~:..... Florida BDr No. 966770
:GfI'8Ct CODy 01 . ."O!ll!mrii On "'"iii ~ Attorney for the Code Enforcement Board
Board "'IIIU~.~. '5f' .'. :.ii.ie.".. OFFICE OF THE COUNTY ATTORNEY
llDUss "1Y " . . Hannon Tutner Building
..:c:..' Illy 01 . ..' ....,.. 3301 East Tamlami Trail
. :'~... ~ ... .....: ..': ......:.,: ". Naplc.$. Florida 34112
OW/GIfT f. BROC.x. Cl,f~i 01!lX11iiit '. (239) 252-8400
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OR 4506 PG 2538
1IJI1'l'\~ -,,-
UOAL DUClfmoN
lOR 1D LOT LIHE A.DIVITMEIlT It1WIEl'I L011I Al'ID 4
0' 'IlIRIlVE COMMONS, A IIJIDIVIlIION IN COUolD COIlPllY
IlICORDrD IN PlAT lOOK H. 'AGU """0"
A S11UP OF Lo\Nl) L YlNO IN SEC110N JI, TOWNSHIP 41 SOUTH.IWlGB 26 EAST. COUJE).
COllH1Y, PI.OQ)A AND ruaTHEII. Dl!5CRIIlI!I) AS FOLLOWS;
COMMi!HQNQ ROM 11IIl SOll1HEAST CORN!J. OF SECTION 21, TOWNSHIP 41 SOl1nl.
IWf08 Z6I!AST; 11lENCB ALONG TIll sount LIWI! or SAID S1lCn0N,
101111I t9'09"r WEST," DlSTANClOf IS?I.IOfEETTO A POINfON11IIl WllSTRlGHT-Cll'.
WAY 0'PRl!SERYl! LAN\!, PLAT BOOK '.,'AGU'1-99;
TH!NC! ALONG lAID PLAT, NOlm 00'56'0'. Vo1!ST, "DISTANCl! or 100.00 fEET TO A
POM;
T1IDICIl SOI1rH 1t'09"2. WEST,,, DlST
COMMON COIlHI!R TO LDl1 J AND
BI!ClIHMNO;
11lEHCI soum 19"09'>>.
ADJUm!:D CONMOIl
t1lIlNCll ALONG lAID All ANC8 or 270.'1 PII!T
TO A fODIfONl1l8
11II!NC8 ALONG SAID or '100 fEIlT
TO A fODIfCONMOll
11fIlNCI! sountllO'50 1NT or IIEOINNINO.
SAID LAND CONT
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Division 2.2.. Zoning Districu, Pcnnitted Usca. Conditional "Uses, Dimensional Standards, of
Ordin.nce 9 I -] 02, .. amen<led, the Colllor Coonly Land Development Code, i. hereby .mended to re.d as
follows;
Division 2.2.
ZONING DISTRICTS, PERMITTED USES,. CONDITIONAL USES,
DIMENSIONAL STANDARDS
Sel'- 2.2.U Commerd.l Pror.....n.l dlltriel (Col) .nd eonuner<lal pror...lonal
In...IlIOntl dl.lriet (C-IfJ).
2.2.12.4.3 Mlnlmum)'OTd requlremenls.
1.
Front yard 25.feot or on"~'lfofl~; ~:ino heiohlas measured
from each extenor wall..whlchever II er.
:3.
Rear yard. I S ~..t Or on'-~Ir o:;~ ::~o helohl as """.,,~..
fmm each extenOr wall whiche I .
See.2.2.13 Commerci.lconvenl'Dc, dfstrkt (C-2).
2.2.lJ.4.3 Mlnlmum)'OTd requlremenis.
L
Fronl yard. 25 ~eet or on...~.If o~~e :;'II~~O halohl as m....ured
from each extertor wafl whichev IS ea e .
3.
Rear yard. 15 ~ector one-h.'lfOf:~ ~~~no hel.hlas m",ured
from each exterior wall Whlcheve I r,
See. 2.2.14. Commerclallnlermediate dl,lrIot (C-3).
2.2.14..2.1. Penn/lledu"..
,. Unless otherwise provided for in thi$ ,ection, aU "permitted Uses of the C~2 commcrcittf
convenience district.
2. Apparel and .ee....,ry store. (groups 561 1-5699).
3. Auto .nd home supply stores (5531).
4. Automolive sotvie.. (7549).
5. BlISine.. !enlices (groups 7311,7313,7322-7338,7361_7379,7384,7389 except
auctioneering scrv(ce, field warehousing, bottle labeling. packaging and labeling,
salvaging of damaged merthandisc, scrap steel CUllins and slitting),
6. Eating places (58J2 onfy); AU establishmcots engaged in the retail sale ofalcohofic
bev~rages for. on-premise consumption arc subjec[ to Joauional requirements of stet ion
2.6.10. .
7. Food SlOT"" (groups 5411-.5499).
8. General merchandi3e:ltores (groups 53J I-S3?9).
Word, HN,h II fBI411 arc delcle~ words underlined Ire added,
4
9. Group care fucilities (category I and lI, except for homeless sheJtea); c.re unils, except
for homeless shelters; nursing hOmes; assisted living racHirles pUr!U8nllo ~ 400.402 F.s.
and ch. $8A-S F.A.c.j and continuing care retirement communities PUf$Ulnt to g <iSI F.B.
and ch. 4- 1 93 F.A.C.; .11 subject to .ection 2.6.26.
10. [Reserved.J
., I. Home furniture, fumiahing, snd equipmeot star"" (groups 5712-5736).
12. Librnr!.. (8231).
13. Marinas (4493), Subjecl to section 2.6.22.
14. Membe"hip organizations (8611..8699).
15. Miseellsneous "'pair services (group. 7629-7631).
16. MiseeUsneeua "'tsU (groups 5912-5963 except pawn.bops snd huUding msterisls,
5992-5999 exc:ent a~tion rooms).
17. Museuma snd sri gaUerie. (8412).
18. Nondeposilory credit institutions (groups 6111-6163).
19. Paint, glas. snd wallpaper stores (523 I).
20. Pe"onal services (groups 7211, 7212. 7215,7216 nonlnduslIial dry cleaning only,
7221-7251,7291).
21. Public admlni.lmtion (grOUP' 9111-9199, 9229, 9311, 941 )..9451, 9511-9532,
96ll..9661).
22. Rctail nurseries. lawn snd garden supply sto"'a (5261).
23. Velerinsry services (groups 0742. 0752 excluding outside kenneling).
24. Vidco'apc n:ntal (7841).
25. UnltcdStstes Postai Service (43 II except major diotnbution eeme,,).
26. Aoy use which was permissible under the prior URC Zoning di.trict snd which was
lawfulJy ,existing prior to the adoption of this code.
27. Any other genera] 'commercial use which is comparable in natul'C with the foregoing uses
including buildings fOT retail, service and office purposes consistent with (he pennitled
uses and purpose and intent statement of the district.
2.2.14.4.3 Minimum yard requirements.
I.
Front yard. 25 feet orone..haJ(ofthe bUiJ~;sr hciilht H.! me.a."ured
from each exterior wall whichev~ i!l "reat .
3.
R~Qr yard. 15 feet or ona-half of the bUiJd:nQ bei"hl a.! mea.ured.
from each exterior wall. whichever is o:rr:al r.
Sec. 2.2.15. General commercial dlltrlct (C-4).
2.2.15.4.3 MirrUnumyard r~9ufTemen(s.
1.
Fr~nr yard. 25 feet pl., aft. fa., fer .a~h ~.. ~.:~~f~~=~",
hSIEh! e llr 6(1 fut ~r one-half of the h:ri.~:1t h I 8J, d
from each exterior wall whichever is R, t .
2.
Rea,. )Jard. IS feet or one"half of the b:~nD' heivht as mea!ured
from each exterior waif whic~r is II r.
See. 2.2.15Ylo Heavy commercial dlltrict (C.S).
Wonh: Ik'HDk Oil Jugh are deleted, word. Llnderlined 4I'e adele<!,
5
88
1
2.03.03 Commercial Zoning Districts
C. Commercial Intermediate District (C-3). The pUlJlose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and variety of goods
and services are those that provide an opportunity for comparison shopping, have a trade area
consisting of several neighborhoods, and are preferably located at the intersection of two-arterial
level streets. Most activity centers meet this standard. This district is also intended to allow all of
the uses permitted in the C.I and 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 maximwn density permissible in the C-3 district and the urban
mixed use land use designation shall be guided, in part, by the density rating system contained in
the future land use element of the Collier County GMP. The maximwn density permissible or
permitted in the C-3 district shall not exceed the density permissible under the density rating
system.
I. The following uses, as identified with a nwnber 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.
I. Accounting (872 I).
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 permit the activity of "tow-in parking
lots").
10. Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service. "
II. Banks, credit unions and trusts (601 1--6099).
12. Barber shops (7241, except for barber schools).
13. Beauty shops (7231, except for beauty schools).
88
14. Bookkeeping services (8721).
15. Business associations (861 I).
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 (835 I).
20. Churches.
21. Civic, social and fraternal associations (8641).
22. Commercial art and graphic design (7336).
23. Commercial photography (7335).
24. Computer and computer software stores (5734) with 5,000 square feet or less
of gross floor area in the principal structure.
25. Computer programming, data processing and other services (7371-.7379).
26. Credit reporting services (7323).
27. Direct mail advertising services (7331).
28. Drycleaning plants (7216, nonindustrial drycIeaning 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 Iocational
requirements of section 5.05.01.
31. Educational plants.
32. Engineering services (871 I).
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.
88
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. ~ 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to F.S. ~ 651 andch. 4-193 F.A.C.; all
subject to section 5.05.04.
42. Hardware stores (5251) with 1,800 square feet or less of gross floor area in
the principal structure.
43. Health services, offices and clinics (8011--8049).
44. Home furniture and furnishings stores (5712--5719) with 5,000 square feet or
less of gross floor area in the principal structure.
45. Home health care services (8082).
46. Household appliance stores (5722) with 5,000 square feet or less of gross
floor area in the principal structure.
47. Insurance carriers, agents and brokers (6311--6399, 6411).
48. Labor unions (8631).
49. Landscape architects, consulting and planning (0781).
50. Laundries and drycleaning, coin operated -- self service (7215).
51. Laundries, family and commercial (7211).
52. Legal services (8111).
53. Libraries (8231).
54. Loan brokers (6163).
55. Management services (8741 & 8742).
56. Marinas (4493), subject to section 5.05.02.
57. Membership organizations, miscellaneous (8699).
58. Mortgage bankers and loan correspondents (6162).
59. Museums and art galleries (8412).
60. Musical instrument stores (5736) with 5,000 square feet or less of gross floor
area in the principal structure.
61. Paint stores (5231) with 5,000 square feet or less of gross floor area in the
principal structure.
62. Personal credit institutions (6141).
63. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental,
costume rental, dating service, debt counseling, depilatory salons, diet
workshops, dress suit rental, electrolysis, genealogical investigation service,
and hair removal only) with 5,000 square feet or less of gross floor area in
the principal structure.
64. Personnel supply services (7361 & 7363).
65. Photocopying and duplicating services (7334).
66. Photofmishing laboratories (7384).
67. Photographic studios, portrait (7221).
68. Physical fitness facilities (7991).
69. Political organizations (8651).
70. Professional membership organizations (8621).
71. Public administration (groups 9111--9199,9229,9311,9411--9451,9511__
9532,9611--9661).
72. Public relations services (8743).
88
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 prineipal structure.
77. Religious organizations (8661).
78. Repair services - miscellaneous (7629.-7631, 7699 - bicycle repair, binocular
repair, camera repair, key duplicating, lawnmower repair, leather goods
repair, locksmith shop, picture framing, and pocketbook repair only).
79. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet
or less of gross floor area in the principal structure.
80. Retail services - miscellaneous (5921--5963 except pawnshops and building
materials, 5992-5999 except auction rooms, awning shops, gravestones, hot
tubs, monuments, swimming pools, tombstones and whirlpool baths) with
5,000 square feet or less of gross floor area in the principal structure.
81. Secretarial and court reporting services (7338).
82. Security and commodity brokers, dealer, exchanges and services (6211--
6289).
83. Shoe repair shops and shoeshine parlors (7251).
84. Social services, individual and family (8322 activity centers, elderly or
handicapped only; day care centers, adult and handicapped only).
85. Surveying services (8713).
86. Tax return preparation services (7291).
87. Travel agencies (4724, no other transportation services),
88. United State Postal Service (4311, except major distribution center).
89. Veterinary services (0742, excluding outdoor kenneling).
90. Videotape rental (7841) with 5,000 square feet or less of gross floor area in
the principal structure.
91. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in
the principal structure.
92. Any use which was permissible under the prior General Retail Commercial
(GRC) zoning district, as identified by Zoning Ordinance adopted October 8,
1974, and which was lawfully existing prior to the adoption of this Code.
93. Any of the foregoing uses that are subject to a gross floor area limitation
shall be permitted by right without the maximum floor area limitation if the
use is developed as a component of a shopping center.
94. Any other commercial use or professional services which is comparable in
nature with the foregoing uses including those that exclusively serve the
administrative as opposed to the operational functions of a business and are
associated purely with activities conducted in an office.
95. Any other commercial or professional use which is comparable in nature
with the (C-I) list of permitted uses and consistent with the purpOSe and
intent statement of the district as determined by the board of zoning appeals
pursuant to section 10.08.00.
! 88
ACCT. #068784
November 30, 2009
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Re: NOTICE OF INTENT
Dear Legals:
Please advertise the above referenced notice Friday, December 4, 2009.
Kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500110664
88
NOTICE OF INTENT TO CONSIDER REPORT
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesdav, December 15, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida. The
meeting will begin at 9:00 A.M. The title of this 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 DEVELOPMENT
(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.
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. Ifrecognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic material 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.
I 88
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
included 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 3301 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Ann Jennejohn, Deputy Clerk
(SEAL)
,: 83
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Ann P. Jennejohn
Monday, November 30, 2009 3:43 PM
Naples Daily News Legals
Notice of Intent Legal Notice
Notice of Intent.doc; Notice of Intent .doc
Hi ogoin,
Please advertise the attached natice on Friday, December 4, 2009.
Thanks!
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
1
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Ba
Pagan. Emely [EPagan@Naplesnews.com]
Monday, November 30, 2009 3:49 PM
Ann P. Jennejohn
Ad Confirmation
UAS3FF.jpg
ATTACHED please review your notice & confirm apprval via email.
Thank you for
Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
placing your ad.
DEe. 4, 2ee9
NON
1828883
$2e4.62
1
NQTI(:E OF INTENT TO
CONSIDER REPORT
88
I
Notice IS hereby given th.;t th1' Board
of County (om missionttls . crr Collie.r
County Will hold.; pui:>lk heanng 011
1 uesday, DeCem ber 15, 2009, in the
Bo.;rdroo01; 3id Floor. Administration
aui Iding, Collier County Government
Center, 3301 East Tamiaml Trail,
Naples, Florida. The ,meetingwiHbe<
fll11 .t9:oo A.M The tItle of this repcJl1
JS as follo\lvs:
NOTICE .OF INTEIH TO CONSIDER A
COUNTY ATTORNEY REPORT ON THE
TOWN MARKET PROPERTY LOCATED
AT 777rJ PRESERVE LAN E IN THE OLDE
CYPRESS PLANNW UNIT DEVELOP-
MENT (PUD} ANDWH.THER THE U-
flAUL BUSINESS OPERATED AT THE
SIll: IS COMPAPJ'.IlLE IN NATURE TO
OTflER C-3 USES ALLOWED IN THE
rUDAND WHETflER THERE IS SUFFI-
CIENT PARKING TO ACCOMMODATE
THIS USE.
NOTE: All persc.ns wishing to speak 011
any agenda Item mu,t reglste.r with
the County Admllilstrator prior to I>le.
,elitation of the agenda item to be
addressed Individual speakers will be
limited to 3 rnlnute.s onariyiteotn. The
selectlol1 of an individual to speak on
behalf o'fcn urg,mization or gf()Up Is
encouraged. If recognized by the
Chair, a spokespersonf!>r a group '"
organiutlon may be. allotted 1 P min-
utes to speak on an item
P-ersons wishing to have written or
graphic rnatenallncluded in the Board
agenda packets must submit said ma-
terial a minimum of, weeks prior to
th@ respective public hearing. In any
case. written materials iJ"!tended to be
considered by the Board shall be sub-
mitted to the appropriate Couhty staff
a mi nimum ofsev~n days prior toth@
publl~ hearing. All material used in
presentation, betore the Boa,<;j will
"ecome a perm.l1el1t part of the re-
<Old.
Any peNon who d ecid!!s to appeal a
(Ie<ision of the Board will need are.
~ord of the proce"dll1gs pertaining
th-@F@!O andth@refore, may ne€,d to
ensure that a verbatim re<ord of the
procl?edings 'is made, which record jn-
cluded the testl mony and eVld!!l1Ce
upon which the "ppea.! isb"sed.
If YOlla'!! a person with a disability
Who n!!eds any accommodation in or-
der to partkipa-tefn this proceedingf
you a(!! entitled. at 110 cost to you, to
the: prOVIsion 'of certain assistance
Please conta<t the CoHier County Fa-
cilities Management Department, 10-
c,ned ot3301 Tamiaml Trail EaU,
Building W, N.aples, Florida 34112,
(239i252.8380. Assisted listenmg de-
ViCES. for the hEarin9 impaired are
avculable In the CountyComm!ssioners..'
otfke.
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
DONNA FlALA, CHAIRMAN
DVViGHT E. BROCK,CLERK
BY: Al1n Jennejohn, Deputy Clerk
(SEALi
December 4, 200S No 182lll!ll3
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BcclcDES BUDGET OFFICE
CLERK OF CIRC. COURT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068784
59599085
P.O. #4500110664
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 12/04 12/04
~ 88
NancE OF 1MTENftQ
tONslOtl\mqtlT
Not.1io .l. .....'" ~...""" .the. '. ~"'.".
of~.~.O\
='~~D:t-!Id.".~;f.
B~.,.'.OO{;\~In1ttratlon
Building,',' -,,~-GoYernment
,ci!llter.,_~~:,'arlilat:n~J;r.I~
r.;~t!st...ih1~-:'''t..:~ I
.,' . "'i'
.i.,:.-.... ......., -"""-'.""
~"""':'
\ _,''A _.' ON
.. :U>C4TIl>
:AT ',-" SifW!'I..ANi-lN:JHt ~
~., Nil>
MINt, '
~L~, .
OTHeft'<C _ U i'.- ..' I
lOUO. ANO _'" ')1iIM
CIENT. PARKING', TOA<<QMMODATE
THIS use. .
J"" ..'.... ...., .. , ....... .. .. ~ I
PbrE: Air perso~ wi$hln'g ,to speak on
I.r1Y &9MId,'ltem-l'h\:ist,'rfQ1ster'.WIth
tN, County AdrninistrlltOf, pnorto.~pt'"
_ of ... ........ .... to Oe
addresSed. Individual Speakers will b.
limited. to 3 mll'!utfi on any item... The
!flection of/.an .ifl(tNid~.I' to,spen: on
tiiiqa1f;"of'an ~.,..1zItIon1-orgro.-..
_encouraged, .. If *ognizet -- by.. the
O\elr,'. lfIOk~rdQl. 9I:OUP or
GfgWllZatlQh .1Tl:IY.' ~.. .lJC:tted.' 10rnln-
utestospeakon-ailltem" .
PeI'SOfl$ . WJShlng. 'to . h8ve Wrltte~ . ~~
~.il\ot_~"'''' _
.gena ~~must'.st.Ibmlt:5,/tidm.
terr., I mlf!frTtUm of ~ YMb :prfQr to
1he_i'lbIl<""'91rn....
case, written mlt<<ials . . to be
cOn$idered by the Board. ' ; be. sub-
"'""""to tIJ.','J>P!!lP"!!f C~ll'ff
I mlrittnutn of~ : ~~the
public. hearing, All'~ l.JU:iIIC, in
IXesentations:befOfll.. .'.,Board wlU
betorne a perrtiaMnt. rt of the 're-
cord. ..' I"" , "
Any .IW$O(I wl\o d~ to appeal ai
detltfoit of !tie- liIoerdwnl- n.ed It ft!-
cord of the ptOCHdfngl pertalilJng
=~.~~;:::lI,,~.\:
~lI!!IA;~-.,," ""
,,~'ond~
,r ,..~ Y'
· iOO...:r;' ,.,.., - "~
~.. __!11Y '~_~~f!on ___~~
- der.$O.,:.~'.in,,~.fPrfilC...!)gj
you 1ct'l!htltlM,' "t: fl?'~ to you,to
the: ,ptOvW'Gl'L,' of -,clrtalnassiltal1Ce.
Plel5etQnttd.the'~.CQUI1tyF..
dlltles' Ml-l]!PCT1eJl. t.QeP.artrnfnt,. 10-
cated.at;','IJI,f,'7.......i1:,'traU. East.
Bu'~I"" W.... .~. '_. "'12"
(239)l52~_ '..' l1$ttnifl 'de-
vieeS:fertM'ht' ng"lmpal~ Ire
,.~~'n the Co~c~ners'
BOARDQf COUNIYCoMMf55IONERS
COLUm COUlfIY.:FI.ORIPA
DONNAfIALA/Cttl'IRMAN
~~t",~tr.", .
ISIAU"'. .,.. .'
n-.ooo.hMo.....,)MQ 1IIn1In.ASUl1l
64 LINE
12/04/09
----------------------~~--------- + --
----- - ---------------------
,
'"
Signature of Affiant ~
AD SPACE:
FILED ON:
Sworn to and Subscribed before me this ~4~
2o:A
Personally known by me
~
day of Dece.wxw
.~m'~~~v.;~~.. KAROL E KANGAS
i. -:.~ Notary Public - State of Florida
\"'" tJj My Comm. Expires Ju129, 2013
....';:;f"OFf'-'t:..~~ Commission II DO 912237
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