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Resolution 2012-254 RESOLUTION NO. 12- 2 c 4 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 04-40. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development(PUD); and WHEREAS, on June 22, 2004, by Ordinance 04-40, the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Goodlette Corners PUD for the subject property; and WHEREAS, Section 3.3A of the Goodlette Corners PUD provides for certain permitted uses, including Subsection 3.3.A.31, "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals";and WHEREAS, Randy Johns of Phoenix Associates of South Florida, Inc., on behalf of the applicant, Cecilia E. Valera,requested a determination as to the property described in Exhibit"A"that a pet grooming facility is a comparable and compatible use to the permitted uses of the Commercial Areas of the PUD; and WHEREAS, the PUD permits "veterinary services for household pets only (SIC code 0742)" uses; and WHEREAS,the Growth Management staff has opined that a pet grooming facility is a permitted use in the PUD, subject to BZA approval, by Zoning Verification letter dated November 7, 2012, attached as Exhibit"B";and WHEREAS, applicant, Cecilia E. Valera, requests an affirmation of staff's determination by the Board of Zoning Appeals that a pet grooming facility is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD according to Section 3.3.A.31 of the PUD; and Goodlette Corners PUD 1 of 2 ZLTR-PL20120002570- 11/15/12 WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by applicant, Cecilia E. Valera as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A": The Zoning Verification letter dated November 7,2012 is affirmed;and a pet grooming facility is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this / I day of DQU�{�►� , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLO' DA • By;:. 0 By %� -;+ Deputy Clerk RED W. COYLE, Chai stostrid- Approvad ti'form and legal sufficiency: A (aka Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter 12-CPS-01198\4 Goodlette Corners PUD 2 of 2 ZLTR-PL20120002570- 11/15/12 • LEGAL DESCRIPTION EXHIBIT ': THE EAST 1/2 OF THE EAST 1/2 OF LOT 51, NAPLES IMPROVEMENT.COMPANY'S UTTLE FARMS ACCORDING TO A MAP • OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING THE EAST 125 FEET -THEREOF FOR ONE—HALF OF A RIGHT—OF—WAY AND A GRAVE PLOT DESCRIBED IN OFFlCIAL RECORD BOOK 343, • PAGE 688, AND LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 48, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, LESS THE NORTH 15 FEET • • THEREOF, AND THE NORTH 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, LESS THE NORTH 15 FEET OF ROAD RIGHT—OF—WAY, NAPLES IMPROVEMENT COMPANY'S UTTLE FARMS, PER PLAT IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. • AND THE MIDDLE 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS A PORTION OF NAPLES IMPROVEMENT CO'S LITTLE FARMS IN PLAT BOOK 2. PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 12 OF SORRENTO GARDENS UNIT No. 3, ACCORDING TO PLAT BOOK 6, PAGE 38 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 89'47'07' WEST FOR A DISTANCE OF 1,199.83 FEET; THRICE RUN NORTH 0006'57" EAST FOR A DISTANCE OF • 105.53 FEET; THENCE RUN SOUTH 89'47'23" WEST FOR A DISTANCE OF 125.00 FEET; THENCE RUN NORTH 0006'57" EAST FOR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH • 89'47'28" EAST FOR A DISTANCE OF 1,310.24 FEET; THENCE RUN SOUTH 50'00'24" EAST FOR A DISTANCE OF 19.66 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 10.39 FEET; THENCE RUN SOUTH 89'49'03" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 60.00 FEET; THENCE RUN NORTH 89'49'03" EAST. FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 0012'51' WEST FOR A DISTANCE OF 218.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 8.847 ACRES, MORE OR LESS. ->t�r Couyaty Growth Management Division Planning & Zoning Department November 7, 2012 Randy Johns Phoenix Associates of South Florida, Inc. 2590 Northbrooke Plaza Drive, Suite 308 Naples, FL 34119 Re: Zoning Verification Letter ZLTR-PL20120002570; Goodlette Corners PUD, Collier County, Florida. Dear Mr. Johns: Thank you for your request for Zoning Verification received on October 29, 2012. The subject property is zoned Planned Unit Development(Goodlette Corners PUD), Ordinance No. 04-40. You requested verification of the use of Animal Specialty services — Pet Grooming Only in the subject PUD. The PUD does not list pet grooming as a permitted use; however, Section 3.3.A.31 of the PUD does permit "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals". A dog grooming facility is identified as SIC Code 0752 under the general use category of Animal Specialty Services, Except Veterinary. This use group permits animal shelters, artificial insemination services, honey straining and horse training services, among others. However, your request is to limit the permitted use to Animal Specialty Services— Pet Grooming Only. SIC Code 0752 is not specifically listed as a permitted use in the Goodlette Corners PUD. However, staff notes that the PUD permits Veterinary Services—Household Pets Only, which is identified as SIC Code 0742. Staff notes that the proposed use of Animal Specialty Services—Pet Grooming Only is similar to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. Staff believes that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the purpose and intent of the Goodlette Corners PUD which states that the "Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health and office uses." Staff's opinion, subject to BZA approval, is that the proposed use of Animal Specialty Services— Pet Grooming Only is comparable to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. In accordance with Section 3.3.A.31 of the PUD, your request will be forwarded to the ,4;4' Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400•www.coliiergov.net EXHIBIT"B" Board of Zoning Appeals for approval of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion is not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl©colliergov.net. Researched and prepared by: Reviewed by: Fre�'U 7 schl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager Planning &Zoning Planning &Zoning cc: Peggy Jarrell,Addressing Section Laurie Beard,Commitment Tracking