Resolution 2012-253 RESOLUTION NO. 12-253
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING
DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR
DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH
OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES
FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES,
VIDEO RENTALS, OR RETAIL USES PURSUANT TO
SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000
square feet each of gross floor area in the principal structures for food stores, food services,
personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10,
2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 and the Collier County Planning Commission has made
findings that the granting of the Conditional Use will not adversely affect the public interest and
the specific requirements governing the Conditional Use have been met and that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and
of the Collier County Land Development Code on the property hereinafter described,
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Mac Business Plaza LLC\CU-PL2011-1757
Revised 12/03/12 Page 1 of 2
Petition Number PL20110001757 filed by New Horizon Properties, LLC with respect to
the property hereinafter described in Exhibit "A", be and the same is hereby approved for a
Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels
of up to 15,000 square feet each of gross floor area in the principal structures for food stores,
food services, personal services, video rentals, or retail uses pursuant to Subsections
2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development
Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the
Conditions found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this ay of
�(.l',�►1� , 2012.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BYE ': k I d • BY: C' �� •�.. ♦
- . # k* lOrk FRED W. COYLE, Chai oari
Approved' .to form and legal sufficiency:
A 070
Heidi Ashton-Cicko OA
Managing Assistant County Attorney
Attachments: Exhibit A- Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
CP\12-CPS-01161\46
Mac Business Plaza LLC\CU-PL2011-1757
Revised 12/03/12 Page 2 of 2
LEGAL DESCRIPTION
COMMENCE AT THE WEST QUARTER OF SAID SECTION 33,PROCEED NORTHERLY
ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32,TOWNSHIP 50
SOUTH,RANGE 26 EAST,NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST,884.91
FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S.41;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE,44.24 FEET ALONG
THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
3,210.55 FEET,A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS,AND A
CHORD DISTANCE OF 44.23 FEET,BEARING SOUTH 54 DEGREES 1 MINUTE 20
SECONDS EAST TO A POINT OF TAGENCY.
THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,ALONG SAID RIGHT OF
WAY LINE 1124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,600.00 FEET
ALONG SAID RIGHT OF WAY LINE;THENCE SOUTH 35 DEGREES 34 MINUTES 59
SECONDS WEST,321.16 FEET;
THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST,541.69 FEET,TO A
POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD;
THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE
ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET,A
CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 18 SECONDS,AND A CHORD
DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO
A POINT OF TANGENCY;THENCE NORTH 35 DEGREES 34 MINUTES 59 SECONDS
EAST,207.46 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 4.38 ACRES,MORE OR LESS.
Exhibit "A"
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CONDITIONS OF APPROVAL
FOR
CU-PL2011-1757
At the time of this Conditional Use approval, the site plan (attached as Exhibit `B") is conceptual
and the final building configuration is unknown. The size of the buildings and development
standards based on building size on the final Site Development Plan (SDP) may accordingly deviate
from Exhibit `B" provided that conditions of Exhibit "C" are otherwise met. The purpose of the
subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is
larger than the 5,000 square foot buildings permitted in the C-3 zoning district for food stores, video
rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan
(SDP) as it relates to this Conditional use submitted shall meet the following Conditions of
Approval:
1. The maximum aggregate gross floor area permitted on the subject 4.38 acre site is 35,000
square feet.
2. The maximum gross floor area for any one building is 15,000 square feet.
3. This Conditional Use approval does not constitute approval of a subdivision. The buildings
may be placed on one 4.38 acre site under common ownership or the property may be
subdivided in accordance with the LDC into 2, 3 or 4 parcels.
4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front
facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound
after 10 p.m.
5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the
general location of such signs. Signs will be permitted separately.
6. The food stores, food services, personal services, video rental or retail uses authorized by this
Conditional Use are limited to the following:
a. Apparel and accessory stores (5611-5661, 5699 - limited to bathing suit, sports
apparel, and tee shirts custom printed stores).
b. Auto and home supply stores (5531).
c. Computer and computer software stores (5734).
d. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to locational requirements of
section 5.05.01.
e. Food stores (groups 5411, 5499–limited to health food stores& vitamin stores).
f. General merchandise stores (5331, 5399).
g. Hardware stores (5251).
h. Home furniture and furnishings stores (5712-5714, 5719 - limited to stores retailing
aluminum ware, bedding, china stores, cookware, cutlery, glassware stores,
housewares, kitchenware, lamps and shades, linens, venetian blinds, and window
shades).
Alternate-rev. 12/10/12 1 oft
i. Household appliance stores (5722).
j. Musical instrument stores (5736).
k. Paint stores (5231).
1. Personal services, miscellaneous (7299 — limited to clothing, costume rental, dress
and suit rental).
m. Radio, television and consumer electronics stores (5731).
n. Record and prerecorded tape stores (5735).
o. Retail nurseries, lawn and garden supply stores (5261).
p. Retail services - miscellaneous (5941-5945, 5947, 5999) limited to art dealers,
artificial flower stores, artists' supply and material stores, sporting goods stores and
bicycle shops, book stores, stationery stores, jewelry stores, hobby, toy, and game
shops, pet food stores, and picture frames, ready-made.
q. Videotape rental (7841).
r. Wallpaper stores (5231).
7. No adult oriented sales are permitted in this project.
EXHIBIT C
Alternate-rev. 12/10/12 2 of 2