Resolution 2014-140 m0 ° mz
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RESOLUTION NO. 2014- 1 4 0 o 0 !" m 0
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A RESOLUTION OF THE BOARD OF ZONING APPEALS OF z On° 0
COLLIER COUNTY, FLORIDA PROVIDING FOR THE o
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD 0 m N
STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS D T
FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411- o >
5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES = A
WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR m m
AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED 55 w
PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES
(EXCLUDING DRUG STORES — 5912) WITH MORE THAN 5,000 o
SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL
STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) H
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.c OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PETITION CU-PL20130001768]
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
to allow food stores with greater than 5,000 square feet of gross floor area in the principal
structure (groups 5411-5499); permitted food service (5812, eating places) uses with more than
6,000 square feet of gross floor area in the principal structure; and permitted personal services,
video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square feet of
gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
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District pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code on
the property hereinafter described, 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
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:
Petition Number CU-PL20130001768 filed by CSC Properties, LLC with respect to the
property hereinafter described in Exhibit "A", be and the same is hereby approved for a
Conditional Use to allow food stores with greater than 5,000 square feet of gross floor area in the
principal structure (groups 5411-5499); permitted food service (5812, eating places) uses with
more than 6,000 square feet of gross floor area in the principal structure; and permitted personal
services, video rental or retail uses (excluding drug stores — 5912) with more than 5,000 square
feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) Zoning
District pursuant to Subsection 2.03.03.C.1.c 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 a ' day of
o+Ne., , 2014.
ATTEST:, BOARD OF ZONING APPEALS
DWIGHT E. BROCK CLERK COLLIER OUNTY FLORIDA
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Ai l tan's i'H NG, Cha •n
Marco Park 41\CU-PL20130001768 2 of 3
Rev. 5/21/14
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Ap roved as o form and legality:
S ta_% ( f y
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\13-CPS-01274/62
Marco Park 41\CU-PL20130001768 3 of 3
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0
DE
DAVIDSON
F NC;I N F FR I NG
LEGAL DESCRIPTION
EXHIBIT "A"
PROPERTY DESCRIPTION
BEING A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN LANDS DESCRIBED AS
"PARCEL 4" AND RECORDED IN OFFICIAL RECORDS BOOK 4380, PAGE 3511 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THE SAME BEING THE SOUTHWESTERLY MOST CORNER OF THOSE CERTAIN
LANDS DESCRIBED AS "PARCEL 117FEE" AND RECORDED IN OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35°34'22" EAST,ALONG THE NORTHWESTERLY LINE OF LAST OF
SAID LANDS, A DISTANCE OF 10.00 FEET TO NORTHWESTERLY MOST CORNER OF SAID "PARCEL 117FEE"
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
NORTH 35°34'22" EAST, ALONG THE BOUNDARY OF SAID "PARCEL 4", A DISTANCE OF 390.00 FEET TO
THE MOST NORTHWESTERLY CORNER OF SAID "PARCEL 4";THENCE SOUTH 54°25'38" EAST, ALONG THE
NORTHEASTERLY BOUNDARIES OF "PARCEL 4" AND, "PARCEL 3", ALL OF SAID OFFICIAL RECORDS BOOK
4380, PAGE 3511, A DISTANCE OF 660.000 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 3", THENCE SOUTH 35°34'22" WEST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
"PARCEL 3", A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY MOST CORNER OF SAID "PARCEL 3";
THENCE NORTH 54°25'38" WEST, ALONG THE SOUTHWESTERLY BOUNDARY OF SAID "PARCEL 3", A
DISTANCE OF 288.21 FEET TO THE SOUTHEASTERLY MOST CORNER OF THOSE CERTAIN LANDS
DESCRIBED AS "PARCEL 118FEE" AND RECORDED IN SAID OFFICIAL RECORDS BOOK 4901, PAGE 28 OF
SAID PUBLIC RECORDS; THENCE NORTH 35°35'42" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF
SAID "PARCEL 118FEE" A DISTANCE OF 10.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID
"PARCEL 118FEE"; THENCE NORTH 54°25'38" WEST, ALONG THE NORTHEASTERLY BOUNDARIES OF
SAID "PARCEL 118FEE" AND "PARCEL 117FEE" A DISTANCE OF 371.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 260,282 SQUARE FEET OR 5.975 ACRES, MORE OR LESS.
Marco 41 Park CU:Attachment B_�"___.n.,..�KS.._�_
Legal Description www.davidsonengineering.com
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Exhibit B
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10'TYPE"A" •-) EXISTING C-3ST ZONING
LANDSCAPE
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PROJECT. S CLIENT. ''[[[,,,��� REVISIONS •
D I MARCO 41 PARK CONDITIONAL USE 0.. »%w%1<REvs�wS PER 03%08%,.REVIEW STAFF COAM1MENTS
t■ CSC PROPERTIES,LLC. F E n ]a/01/14 BENSONS PER 03/31/14 RENEW STAFF COMMENTS
O . 5795 ULMERTON ROAD. 74/08/14 RMS■0NS PER 04/08/14 RENEW STAFF REQUEST
�� .SHEET TITLE. SLATE 200 34/11/14 RENSIONS PER O4/09/19 RENEW STAFF REQUEST
CLEARWATER,FL 33760 CHECKED By.
Ca 4365 Redo N Road, 'ON CONCEPTUAL SITE PLAN F EH
P 239 434 C..>ANNA 0 239 434 NO 13 9 ,,ROD NON ".scR,m CA
EXHIBIT "C"
Conditions of Approval
1. This Conditional Use approval does not constitute approval of a subdivision. The
buildings may be placed on one 5.97 acre site under common ownership or the property
may be subdivided in accordance with the LDC.
2. No building for a use which would otherwise have been limited to 5,000 — 6,000 square
feet or less shall be larger than 15,000 square feet.
3. All buildings subject to this conditional use which exceed the otherwise applicable 5,000
— 6,000 square foot limit shall be limited to 2-stories and have a maximum zoned height
of 35 feet and an actual height of 45 feet.
4. No adult oriented sales or rentals are permitted in this project.
5. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the perimeter
boundary with Falling Waters Beach Resort property line.
6. The trip generation cap is 435 unadjusted, two-way, p.m. peak hour trips.
7. The required wall within the Type B Landscape Buffer adjacent to Falling Waters Beach
Resort property line, as depicted on Exhibit B, shall be completed prior to the issuance of
the first building permit approval of any uses.
8. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East
(US 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be permitted in
structure side plane areas or break past the side plane of the building, except for
speaker(s) associated with limited drive-through uses.
9. No more than one (1) approved Fast Food drive-through establishment shall be allowed.
The ordering window shall not be located within 100 feet of the Falling Waters Beach
Resort property line.
10. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m.
11. All pole lighting will be flat panel fixtures.
12. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full
cut off shields.
13. Any lighting fixture/structure within 50 feet of a residential property line will be limited
to 15 feet in height.
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14. No pawn shops are permitted in this project.
15. The following uses have been prohibited per this conditional use request:
a. Convenience Stores with Gas Pumps only (SIC Group 5411)
b. Gasoline Service Stations (SIC Group 5541)
c. Homeless Shelters
d. Hospitals (SIC Groups 8062-8069)
e. Marinas (SIC Group 4493)
f. Residential dwelling units
g. Soup Kitchens
13-CPS-01274/59
5/21/14
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