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Agenda 02/24/2015 Item #17B Proposed Agenda Changes Board of County Commissioners Meeting February 24, 2015 Continue Item 5C to the March 10,2015 BCC Meetin2: Recognition of Ron Jamro,Director of the Collier County Museum,for being selected as the winner of the 2014"Star in the Arts" award bestowed by the United Arts Council of Collier County. (Staffs request) Withdraw Item 10A: This item continued from the February 10,2015 BCC Meeting. Recommendation that the Board of County Commissioners recreates the Executive Director position for the Bayshore Gateway Triangle Community Redevelopment Agency(CRA)and appoints Jean Jourdan as its Executive Director,making her a direct report to the Collier County Redevelopment Agency,and direct the County Attorney to work with the Chair of the CRA and Ms.Jourdan on an employment agreement.(Commissioner Fiala's request) Continue Item 16A2 to the March 24,2015 BCC Meetin2: Recommendation to award Invitation to Bid 14-6247 for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to multiple vendors,Aligare LLC, Crop Production Services,Inc., Helena Chemical Company, Red River Specialties,Inc.,John Deere Landscapes,and Univar USA,Inc. (Commissioner Nance's request) Move Item 16A14 to Item 11F: Recommendation to reject a request for a refund of$42,050,in the code enforcement action entitled Board of County Commissioners v.Nell H.Efird,Special Magistrate Case No. CEPM20130004506,relating to property located at 541 100th Avenue N.,Collier County,Florida. (Commissioner Taylor and Commissioner Fiala's separate requests) Move Item 16F2 to Item 11E: Recommendation to adopt a Resolution to support House Speaker Steve Crisafulli's setting of funding film,television and entertainment incentives as one of his legislative priorities;urging all Florida counties to join in the initiative with no fiscal impact to Collier County. (Commissioner Henning's request) Move Item 16H3 to Item 10B: This item continued from the February 10,2015 Meeting. Recommendation to adopt a Resolution petitioning Governor Rick Scott and the Florida Legislature to enact legislation that will restore local School Board control of educational standards,curriculum,and student assessments. (Commissioner Taylor's request) Move Item 17A to Item 9A: This item requires ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance 2014-21,The Golf Club of the Everglades Residential Planned Unit Development within the Rural Fringe Mixed Use District Receiving Lands Overlay,and amending Ordinance No.2004-41,the Collier County Land Development Code,by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 10±acres of land zoned rural Agricultural(A)to The Golf Club of the Everglades RPUD; by amending the Master Plan; and by providing an effective date. Subject property is located on Vanderbilt Beach Road Extension,just east of Collier Boulevard,in Section 31,Township 48 South,Range 27 East and Sections 25 and 36,Township 48 South, Range 26 East,Collier County,FL consisting of 845.68±acres [PUDA-PL20140001511] (Commissioner Henning's request) MOVE ITEM 17B TO ITEM 9B: THIS ITEM REQUIRES EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. SHOULD A HEARING BE HELD ON THIS ITEM, ALL PARTICIPANTS ARE REQUIRED TO BE SWORN IN. RECOMMENDATION TO CONSIDER A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW CONDITIONAL USE #3, PRIVATE CLUBS & CONDITIONAL USE #5, COMMERCIAL & PRIVATE PARKING LOTS AND PARKING GARAGES WITHIN THE COMMUNITY COMMERCIAL TRACT OF THE PLANNED UNIT DEVELOPMENT PURSUANT TO SECTION 6.2.0 OF ORDINANCE NO. 95-33, THE BRIARWOOD PLANNED UNIT DEVELOPMENT, FOR PROPERTY CONSISTING OF 15.97 ACRES AT THE NE CORNER OF LIVINGSTON ROAD AND RADIO ROAD IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PETITION CU- PL20130002048]. (COMMISSIONER TAYLOR'S REQUEST) Time Certain Items: Item 13A to be heard at 10:00 a.m. 2/24/2015 17.B. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow Conditional Use#3,Private Clubs,and Conditional Use #5, Commercial and Private Parking Lots and Parking Garages,within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No. 95-33, the Briarwood Planned Unit Development, for property consisting of 15.97 acres located at the northeast corner of Livingston Road and Radio Road in Section 31,Township 49 South, Range 26 East,Collier County,Florida [Petition CU-PL20130002048]. OBJECTIVE:, To have the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC)regarding the above referenced petition and render a decision regarding this Conditional Use petition;and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner has applied for a Conditional Use as provided for in the Briarwood PUD Ordinance 95-33, Section 6.2.C. Specifically the conditional uses being requested are as follows: Number 3, Private Clubs, and 5, Commercial and Private Parking Lots and Parking Garages. The subject property was previously developed as a golf driving range and is currently vacant. The Conceptual Site Plan depicts the proposed site improvements consistent of approximately ten buildings including a central clubhouse building. The remaining buildings are composed of member owned garage suites generally described as luxury garage suites or "man caves". As noted in the application the operational characteristics of this use is a hybrid of the requested conditional uses and will functionally be more in-line with other multi-tenant developments by providing luxury garage suites for the unit/suite owners. It is staff's understanding that the intended use of these garage suites will include owner display of unique collectable grade vehicles and include recreational lounge areas as well as storage of more common types of vehicles. The suites cannot be used for any short or long term residential use. Staff notes that this specific use is not well defined by the Standard Industrial Classification Manual (SIC) or by our LDC. Staff concurs with the applicant that the general use is consistent with the requested conditional uses listed above. As previously stated,the subject 15.97±acre site is located at 5051 Radio Road, generally at the north east quadrant of the intersection of Radio Road and Livingston Road, within the Briarwood PUD. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local Packet Page-872- 2/24/2015 17.B. development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN(GMP)IMPACT: Future Land Use Element(FLUE): The 15.97± acre subject property is designated Urban Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. The requested conditional uses are consistent with the Future Land Use Element of the Growth Management Plan in that the proposed use is commercial and will be located on land designed on the Briarwood PUD master plan as Community Commercial. As noted in this report Section, 6.2.C. of the PUD contains conditional uses consistent with those uses outlined in this request. Based on the above analysis, staff finds the above to be consistent with the Future Land Use Element of the Growth Management Plan. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on January 15, 2015. By a unanimous vote (6 to 0) with a motion made by Commissioner Ebert and seconded by Commissioner Homiak,the CCPC recommended forwarding this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following limitations: 1. Each suite may contain a water closet, and a limited mezzanine floor for an owner recreation lounge area limited to no more than 2/3's of the ground level floor area. All doors shall remain closed when the lounge is in use. Any exterior balconies shall be located internal to the subject development and not face any residential use. Residential uses are not permitted in the subject development including but not limited to guest houses,or guest suites,and any short or long term habitation. 2. Vehicle repair is not permitted. However, minor routine vehicle maintenance and detailing by the suite owner is allowed within the buildings/suites. All doors shall remain closed when maintenance and or detailing occurs. Outside hand washing of vehicles is permitted. 3. An 8-foot high masonry wall/fence meeting LDC Section 5.03.02.H shall be provided along the perimeter of this development and the adjacent Briarwood residential uses with the required Type B landscape buffer meeting LDC Section 4.06.02.C.2 standards located on the residential side of the wall/fence. Retained native vegetation within this buffer can be used to meet the landscape buffer plant requirements. 4. No amplified outdoor sound equipment or systems are allowed. 5. Speed limit signs shall be posted at 10 mph at both entries and every 100 feet along all drive lanes within the development. The speed limit signs shall also note that engine revving is not allowed. 6. Building height shall be consistent with the Briarwood PUD standards. 7. Building floor area shall be consistent with the Briarwood PUD standards. Packet Page-873- 2/24/2015 17.B. 8. Owner shall provide a letter of approval for the architectural design of the proposed buildings consistent with the Briarwood PUD. 9. The Conceptual Master Plan shall be revised to be consistent with the above limitations. These revisions have been incorporated into the Resolution document that is included in the draft resolution. No correspondence in opposition to this petition has been submitted for the current proposal; no one spoke at the CCPC hearing voicing opposition to the project and the CCPC vote was unanimous. Therefore,this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of conditional uses in the Briarwood Planned Unit Development zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals,order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC including the conditions noted in the approval motion and further recommends that the Board of Zoning Appeals approves the request subject to the attached Resolution. Prepared by: Michael Sawyer, Project Manager, Planning and Zoning Department, Growth Management Division. Attachments: 1) Staff Report 2) Resolution 3) Back-up information; Due to the size of this document, a web link has been provided for viewing at: http://www.colliergov.net/ftp/AgendaFeb2415/GrowthMgmt/Application for CCP C 1-15-15 and BZA 2-24-15pdf Packet Page-874- 2/24/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider a resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow Conditional Use#3, Private Clubs, and Conditional Use#5, Commercial and Private Parking Lots and Parking Garages, within the community commercial tract of the planned unit development pursuant to Section 6.2.0 of Ordinance No. 95-33,the Briarwood Planned Unit Development, for property consisting of 15.97 acres located at the northeast corner of Livingston Road and Radio Road in Section 31, Township 49 South, Range 26 East, Collier County, Florida [Petition CU-PL20130002048]. Meeting Date: 2/24/2015 Prepared By Name: SawyerMichael Title: Project Manager,Zoning&Land Development Review 1/29/2015 1:47:26 PM Approved By Name: BellowsRay Title: Manager-Planning,Comprehensive Planning Date: 1/29/2015 3:15:36 PM Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 1/30/2015 8:31:11 AM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 1/30/2015 5:04:22 PM Name: AshtonHeidi Title:Managing Assistant County Attorney,CAO Land Use/Transportation Date: 2/3/2015 10:29:47 AM Packet Page-875- 2/24/2015 17.B. Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/11/2015 8:52:49 AM Name: AshtonHeidi Title: Managing Assistant County Attorney,CAO Land Use/Transportation Date: 2/12/2015 11:13:17 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/12/2015 3:21:02 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 2/17/2015 6:04:13 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2015 8:39:36 AM Packet Page-876- 2/24/2015 17.B. $ unty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING: JANUARY 15, 2015 SUBJECT: PETITION CU-PL20130002048,PREMIER AUTO SUITES PROPERTY OWNER/AGENT: Contract Purchaser: Owner: Premier Auto Suites of Naples, LLC. Lowes Home Centers, Inc. 849 7th Avenue South 401 Elkin Highway Naples, Fl 34102 North Wilkesboro,Nc 28659 Agent: Fredrick E. Hook, AICP, Senior Planner Davidson Engineering, Inc. 4365 Radio Road Naples, Fl 34104 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use pursuant to Briarwood PUD Ordinance 95-33, Section 6.2.C. The conditional uses being requested are as follows: Number 3, Private Clubs, and 5, Commercial and Private Parking Lots and Parking Garages. GEOGRAPHIC LOCATION: The subject 15.97+ acre site is located at 5051 Radio Road, generally at the north east quadrant of the intersection of Radio Road and Livingston Road, in Section 31, Township 49 South, Range 26 East, Folio Number 24755002504. (See location map on the.following page) CU-PL20130002048 Page 1 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page -877- 2/24/2015 17.B. ©Q' 11* a0a a + © fit����°IONOPPv ®$a pppp ©d: vo z allin ©t : :oak©© ®� ®©%49�� W d I AVM SWIM wU 8 a � /_, ���. lino MOM pi iCp���i��dd0eeeee©o a. 0 a r �O© r, ©O Ll� oi' 1111 s _ dog ATDMS t:tiii:::i�C i:jii •i�i;i;ip•iii.�iiii �I �3'© 'aie aoaxe+we ��� iEi.:;:i:E :::::•.::•:.t i,f.: 10 eeeee tea © 11:11.:.:;:::: 1i:iii1ii?i1:Iii::':i �� ° 1111::;:iiii,i:i ::;::;:: :,: c.� eagWP© gawt o 11;;11 ;1111 ;1111:;g 1111;:;;; o, ©� ,� z 1�Mioo'miasma 'fi 'i!inifi[i'i'...i'i:':1:11:3'.ii;Ei(ii:;iii , © ', i ip;♦:`::iiiiiii;:;Hiiii'i iii iii;iiiiNI!!;:iiiiiji iii:'. eeeeeeetantivet 1 _ Z OM N01S011Nn O i a III v�oovovo� � �1 � "r1 � N 1 mom uiii:iuiiiii__ 1Dtl� a 37/36 011011 D v it i n'UIr z 6� J re n g�� E w =�o -2 11 pig it � � ° "`Po> ° gig F _ 1 1 2 anvn3�nue U' qQpS3g � � oavn3lnoe VNVOINO vines _ & '< oen 4. 6 m d� 6 rig., ,b'T g.s 12E tit ~s� ��, U O n • L.J. o ° don Mwd AW •qB � ,�EL y� St-:1YiS13111 .. 5 y ,Effirgiir_ rms.1,____0 i.il l �EJJ h Wei o� B it . 1 Z @ -ti A Oxon N01s9NUM, 1 '■ I F- 6 1 i a• # i Itc'n'�I - � 22 L 6 don oMIlVIAa■10.1V _---. 14 C c ) ¢l •, z 8 `� S ° --s/ . -0,--trAmnim IL-glift-- ,4001.1rNeria - 118 2 11 liEllt , ,- , :.:. r:liiiiiatliGt.. .00i Packet Page-878- 2/24/2015 17.B. NYId 315 7V111x197N0� as.m,o w.=vwH:wu _ -' .axe � nnneet e�xaw�— •ox� �leRw• _9 tl & Ina ! 931da'M dO MIAS O111.'illaWmd ,a, MOW. r .,...,�._ ^-. .—. Q po oF5 N % yQe > l e F ;1 d d 5 -L, `1• 1 Z q g g gt In.w3 4� 444t6 a g atH i ga4 D HI 1111 r E . W y� pp Eg¢ s i Y I K O 18098 ng G N yww mma s aM__ > � ySSSmw@ g ! nr "' rW d f 5 g _idH c�a SAS vi flIuflJ Thci R ter,. --•:,,,,,-,1!":- -1 _ ---• \ I• Y s 4 v 1 iti. --- \ s' 1 li m 1 4,I///•--''':---i —4161_104 1 , i f ittl le lir ! At`, ,i`rc. "!1.4 t i r` 1 � * '0k 1ABF f¢i � y 44r. ti PROPOSISD -= l ' *IMO l.... w w..c.e.ua■ uoiwwwsw,.w.11.w Conceptual Site Plan CU-PL20130002048 Page 3 of 10 Premier Auto Suites, Conditional Use December 12, 2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page -879- 2/24/2015 17.B. PURPOSE/DESCRIPTION OF PROJECT: As noted above the Petitioner has applied for a Conditional Use as provided for in the Briarwood PUD Ordinance 95-33, Section 6.2.C. Specifically the conditional uses being requested are as follows: Number 3, Private Clubs, and 5, Commercial and Private Parking Lots and Parking Garages. The subject property was previously developed as a golf driving range and is currently vacant. The Conceptual Site Plan depicts the proposed site improvements consistent of approximately ten buildings including a central clubhouse building. The remaining buildings are composed of member owned garage suites generally described as luxury garage suites or"man caves". As noted in Attachment E, project narrative, the operational characteristics of this use is a hybrid of the requested conditional uses and will functionally be more in-line with other multi-tenant developments by providing luxury garage suites for the unit/suite owners. It is staff s understanding that the intended use of these garage suites will include owner display of unique collectable grade vehicles and include recreational lounge areas as well as storage of more common types of vehicles. The suites cannot be used for any short or long term residential use. Staff notes that this specific use is not well defined by the Standard Industrial Classification Manual (SIC) or by our LDC. Staff concurs with the applicant that the general use is consistent with the requested conditional uses listed above. As previously stated, the subject 15.97± acre site is located at 5051 Radio Road, generally at the north east quadrant of the intersection of Radio Road and Livingston Road, within the Briarwood PUD. SURROUNDING LAND USE & ZONING: North: Developed residential parcels, with a zoning designation of Residential Planned Unit Development(PUD), specifically the Briarwood PUD. South: Radio Road ROW,then developed residential parcels with a zoning designation of Residential Planned Unit Development (PUD), specifically the Foxfire PUD. East: Developed residential parcels, with a zoning designation of Residential Planned Unit Development (PUD), specifically the Briarwood PUD. West: Livingston Road ROW,then undeveloped parcels with a zoning designation of Commercial Planned Unit Development(CPUD), specifically the Lane Park CPUD. CU-PL20130002048 Page 4 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page-880- 2/24/2015 17.B. a _� 4 Premier Auto Suites ' �,,;. -' I ' . r CU-PL20130002048 '; %� # '' i z� _aalL a G i a > .I 1, , , 44.4 "' ' s 1 r±v.) > I _I _ -,.' yR ,y ,. 0.o r i B 9 '^'z Ftl s xxqq MMIK£rAvt 4 •° C,'$,�`.. CM`S }} k' t X " � . J ..A!+v Irtie q 'i �JKC' Zo a ice. 1 g‘''''4*. `p11 r�- 1 ' � I .: { w 4. , F tsar' S V,Go' ... + Nw at,, ' St*..l 7. - ,1 -*.. _ , , r s .. na at It, .0 ..,r,:eli tol:i 24 ii :,, ' ,. 1 e* ',,,,,t4.,:,- 1 .10,1,441, e;. f-;4-'1' Z.,.., ___:,„,,,4,..111'"A t-A--.1174‘. -%I:24:,,,,,I,--..4' ti w a N ,, .. 1 — - -I T ^ems - "f 3e - 7,7' s I i :t r t 1 -Li,A .' -kr. ;i•Z �,. . ti , y- t ' w . _. -‘„,..„.„,,,,„ T;r° "... �;y+•r,rr f iat- y� �' rf&„„ ,n `,� I 1 i.i;Q r: ve `" � ..>.: �� I --, �! -* � t 4 r' : Ib. x?— T r /,*yl K- 1d : ,, i A� - ,,,, • ;f j Er F y...+nt' 'x i P ' �i`.. dyw i `y ,'.. _ fir° . F M 4 ,,d'� tf .*3 "k ! I 444,,, w g6�,�" ,y� p :, .� � 7X4' , - ,, < iY1�` is ,i 4 ua 1p FrearntkAUa+area, *' w, „}y .7 MiT �� -°"V Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the Growth Management Plan. The requested conditional uses are consistent with the Future Land Use Element of the Growth Management Plan in that the proposed use is commercial and will be located on land designed on the Briarwood PUD master plan as Community Commercial. As noted in this report Section, 6.2.C. of the PUD contains conditional uses consistent with those uses outlined in this request. Based on the above analysis, staff finds the above to be consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element (TE): The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 CU-PL20130002048 Page 5 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page-881- 2/24/2015 17.B. year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The project site consists of 0.09 acres of preserve, which is part of the larger PUD preserve requirement. The 0.09 preserve connects to and is part of a larger two-acre preserve to the north; both have been platted. The Preserve onsite is shown on the Briarwood Plaza Plat. Gopher Tortoise exist on the site in the northern vegetated portion of the site and are planned for relocation off-site from the Briarwood PUD. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. ANALYSIS: Before any conditional use can be approved the Collier County Planning Commission must determine if the petition meets the following provisions, finding that: 1)granting approval of the conditional use will not adversely affect the public interest; 2) all specific requirements for the individual conditional use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 6.2.0 of the Briarwood PUD, Ordinance 95-33, permits conditional uses for Tracts B and C, Community Commercial portions of this Planned Unit Development(PUD) Zoning District. The requested private clubs, and commercial and private parking lots and parking garages uses are permitted as conditional uses within Tracts B and C of the Briarwood PUD subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. and in the Administrative Code for land development. The petition request meets the conditional use provisions of this zoning district as well as the standards and procedures of the LDC and Administrative Code. 2. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this proposal is consistent with the applicable provisions of the FLUE, the Transportation Element and the CCME Element; therefore the petition is consistent with the overall GMP. The proposal may also be found consistent with all of the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. CU-PL20130002048 Page 6 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page-882- 2/24/2015 17.B. As shown on the Concept Site Plan vehicular access to the site is currently provided on this developed parcel and will not be relocated with the new development. With regard to traffic on public right-of-ways, Transportation Planning staff indicates that they have reviewed this petition and determined that there are no outstanding issues concerning vehicular access and traffic control. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare,economic or odor effects. The applicant has indicated in the application that there are adequate areas provided for landscape buffering adjacent to the residential district to the north and east of the proposed development. Understanding that this is a use not previously proposed in our county, it is staffs opinion that the development as depicted on the Conceptual Site Plan in combination with a masonry wall/fence meeting LDC 5.03.02.H. will substantially address noise, glare and odor effects. Staff is not in agreement with the applicants request to use the rear façade of the buildings adjacent to the residential buildings to the north and east in place of the LDC required masonry wall/fence. The types of vehicles using this facility include some that have performance and or aftermarket exhaust systems that can cause enhanced levels of noise, which is a concern given that this facility will be open 24 hours per day and 7 days per week. Additionally the conceptually staggered configuration of the buildings, cannot by itself, fully eliminate associated noise "bounce" due to normal echo effects between buildings. This echo effect will likely result in enhanced noise levels to be reflected or bounced into the adjacent residences. Staff is recommending conditions of approval to partly address this issue. It is also possible that additional noise could occur due some of the accessory uses envisioned by this conditional use given the 24 hour operational nature of the proposed facility. Staff is further recommending conditions of approval to partly address this issue. Based on the information provided by the applicant staff is of the opinion that the proposed project including the recommended conditions should not generally generate additional noise, glade, and odor or otherwise generate undesirable economic impact on the neighborhood above those permitted in this community commercial tract. 5. Compatibility with adjacent properties and other property in the district. As previously noted the site is adjacent to residential lands all of which are developed parcels. Staff believes that with the recommended condition,plus the LDC required site development elements, the project will be compatible with the neighborhood. Staff therefore believes that the propose Conditional Use to allow the proposed uses of private clubs, and commercial and private parking lots and parking garages uses can be deemed compatible with the neighboring properties. Furthermore, staff believes the recommended condition of approval in combination with the proposed master site plan improvements and LDC standards adequately protect the public's interest. CU-PL20130002048 Page 7 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page-883- 2/24/2015 17.B. NEIGHBORHOOD INFORMATION MEETING (MM): Due to an error in the original NIM Naples Daily News Advertisement the applicant was required to conduct two NIM meetings: The agent/applicant duly noticed and held the first NIM on September 30, 2014, at 5:30 PM at the Naples Airport,Naples, and Fl. Further, the agent/applicant duly noticed and held the second NIM on December 1, 2014, at 5:30 PM at the Naples Library,Naples, Fl. Please see both of the Neighborhood Information Meeting (NIM) Summaries (Attachment C). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL201300002048. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-PL20130002048, to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. Each suite may contain a water closet, and a limited mezzanine floor for an owner recreation lounge area limited to no more than 2/3's of the ground level floor area. All doors shall remain closed when the lounge is in use. Any exterior balconies shall be located internal to the subject development and not face any residential use. Residential uses are not permitted in the subject development including but not limited to guest houses, or guest suites, and any short or long term habitation. 2. Vehicle repair is not permitted. However, minor routine vehicle maintenance and detailing by the suite owner is allowed within the buildings/suites. All doors shall remain closed when maintenance and or detailing occurs. Outside hand washing of vehicles is permitted. 3. An 8 foot high masonry wall/fence meeting LDC 5.03.02.H shall be provided along the perimeter of this development and the adjacent Briarwood residential uses with the required Type B landscape buffer meeting LDC 4.06.02.C.2 standards located on the residential side of the wall/fence. Retained native vegetation within this buffer can use used to meet the landscape buffer plant requirements. 4. No amplified outdoor sound equipment or systems are allowed. CU-PL20130002048 Page 8 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page -884- 2/24/2015 17.B. 5. Speed limit signs shall be posted at 10 mph at both entries and every 100 feet alone all drive lanes within the development. The speed limit signs shall also note that engine revving is not allowed. Attachments: A. Application. B. Draft Resolution C. NIM meeting summaries. CU-PL20130002048 Page 9 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page -885- 2/24/2015 17.B. PREPARED BY: r� f ` 111),, i'L - 12 , 1-I. 1 CH' Et, SAWY : ' t CT MANAGER DATE PLANNING AND ZONINGt"DEPARTMENT REVIEWED BY 7? , ' f Z•- t i- 1-1- RAYMO , V. BELLOWS, ZONING MANAGER DATE PLANNI AND ZONING DEPARTMENT .� / 2- _ y. MICHAEL BOSI,AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT APPROVED BY: ./2 p4qiy NIC,,�'CA" A LAN UIDA, , • ISTRATOR DATE GROWTH MANAGEMENT DIVISION CU-PL20130002048 Page 10 of 10 Premier Auto Suites, Conditional Use December 12,2014(revised: 12-15-14, 12-16-14, 12-17-14) Packet Page -886- 2/24/2015 17.B. ,-, RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW CONDITIONAL USE #3, PRIVATE CLUBS, AND CONDITIONAL USE #5, COMMERCIAL AND PRIVATE PARKING LOTS AND PARKING GARAGES, WITHIN THE COMMUNITY COMMERCIAL TRACT OF THE PLANNED UNIT DEVELOPMENT PURSUANT TO SECTION 6.2.0 OF ORDINANCE NO. 95-33, THE BRIARWOOD PLANNED UNIT DEVELOPMENT, FOR PROPERTY CONSISTING OF 15.97 ACRES LOCATED AT THE NORTHEAST CORNER OF LIVINGSTON ROAD AND RADIO ROAD IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PETITION CU-PL20130002048] 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 provided in said regulations, and has considered the advisability of a Conditional Use to allow Conditional Use #3, Private Clubs, and Conditional Use #5, commercial and private parking lots and parking garages, within the community commercial tract of the Briarwood Planned Unit Development 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-PL20130002048, filed by Frederick E. Hood, AICP of Davidson Engineering, Inc. representing Premier Auto Suites of Naples. LLC, with respect to the property hereinafter described in Exhibit A. he and the same is hereby approved for the establishment of a [14-CPS-01362/115122511]42 1 of 2 Rev.2/5/15 Packet Page -887- 2/24/2015 17.B. Conditional Use within the community commercial tract of the Briarwood Planned Unit Development pursuant to Sections 6.2.C.(3) and (5) of Ordinance No. 95-33, the Briarwood Planned Unit Development, in accordance with the Conceptual site Plan attached hereto as Exhibit B and subject to the Conditions set forth 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 day of , 2015. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko ' Managing Assistant County Attorney Attachments: Exhibit A-Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval [14-CPS-01362/1151225/I]42 2 of 2 Rev.2/5/15 Packet Page -888- 2/24/2015 17.B. DC DAVIDSON lNC,INFl R I NG ATTACHMENT "C" LEGAL DESCRIPTION TRACTS A AND B, "BRIARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THEREFROM THE WESTERLY 100 FEET AND SOUTHERLY 25 FEET OF TRACT A; AND ALSO LESS AND EXCEPT THE FOLLOWING: A PORTION OF TRACT "A" OF "BRIARWOOD PLAZA", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER OCUNTY, FLORIDA; THENCE NORTH 00°16'23" EAST ALONG THE WEST LINE OF SAID SECTION 31, A DISTANCE OF 75.07 FEET; THENCE NORTH 87°46'05" EAST, A DISTANCE OF 100.10 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°16'23" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 45°58'46" EAST, A DISTANCE OF 62.23 FEET; THENCE SOUTH 87°46'05" WEST, A DISTANCE OF 45.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 695,507.89 SQUARE FEET OF 15.97 ACRES, MORE OR LESS. Exhibit A Premiere Auto Suites CU:Attachment C— Legal Description July 2074 www.davidsonengineering.com Packet Page -889- 2/24/2015 17.B. U \ , O3d013A30Nn 38n ONY _ GOo1dO13 3NV1 'OnINO2 _,.----" J _ NON OYOO NOISONIN1 Mn ONVI OYddn9 3dVJSONVI .99VV.. 001002 03dk1.St , A i :„....... _- '-'9S33JV 3u13 ildf- - -. .-_ . 3Gm?p a3znyis 1 1% 1. U �a3soaoad )I L/ i , ` - 11 ti\,, 1 ' I� A) -7y---p ,.i _ , � � 1m E> ZR mooning 1 c A \ 4 03SOdOad '1 . 4$,76, IA_ ,,,D i_r__,_ ,._.2.__._L__r.._... u_j___,,___„1-1 I _,.._,,a1_13. ' -'2'--.--'-'--1 ' I I' . '---) l'j * " '' l'i 4. , 11. co Dattoltata, f 1 I t t' r E-2" g 9M'JNIOIIniB�-!'"� ` - ` ,1 _ .► ,n T• - a I __ „,„, i _ a 7 S ewe \,, rA fi %J♦ Hen', fi�11414.5'Y per♦ ''a / ‘N )1; , -'-'eiadal:'4"1 I -AIL -..2-8 9{ONIOl1OS '7 y O ....LW I 4. 1 1 °' j ' yY .. a ! 11 \444Wirrildtste^ --.., :-.-f.':-..--''',...'.'" st , . 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A° m00 IvpD�m m o Z - 000 O-ZI HaD� x m= C) Gig '-'w x, ,m0 v•m� `n at • Z < cc ?z 2A c-I �- Z° zm m„° °mm - N I � ° ° c is o m �"i p Cr) 0,,FA Gib DOV Y'mD ZJ a Ono °O LyOp OJ 2 N o N tail tNi1 2 2 Zm my Oy rrn O -ice<Iy/ m m m C O �� oAa'2 °C m �1 T m m - D D °A °D�`- cni1A Zmx D C O n ° wm �3a o x3mmmm � -n a3 �m SPY -0)3 z n ca ZIT �Z m O -t -I -+ -a n O S y 0 y v 'cn r z ° !„ rn A m �li m m Glm n Or <mx m DD 71 Ch w °v 20 C 0,m r A°mm>< < H A p C n y D m� m o o m m amim O 00=°° -I 2... 0zi> 2 xzco C -1 m cn xD m mm re, - -- ,MUUY1 .._ ( e >�i E4 ENSI11?-59-TP (w NI, -a O ' 1 i �,!I I PREMIER AUTO SUITES OF NAPLES - t; ,fir sx�u ucua w s Iry I I I S L_ — _IIMO TIN AVENUE AOVTH M 1 ..oN '_..t. i i r �1 NAPLES.rL blot CONCEPTUAL S I I r- -.-.. - -----' -_.{ _.. 1,....:.-.;,-7:.-.7..... __:_w__._ _— Packet Page -890- .�, Y--- Exhibit B 2/24/2015 17.B. CONDITIONS OF APPROVAL FOR CU-PL220130002048 1. Each suite may contain a water closet, and a limited mezzanine floor for an owner recreation lounge area limited to no more than 2/3's of the ground level floor area. All doors shall remain closed when the lounge is in use. Any exterior balconies shall be located internal to the subject development and not face any residential use. Residential uses are not permitted in the subject development including but not limited to guest houses, or guest.suites, and any short or long term habitation. 2. No vehicle repair is permitted. However, minor routine vehicle maintenance and detailing by the suite owner is allowed within the building/suites. All doors shall remain closed when maintenance and/or detailing occurs. Outside hand washing of vehicles is permitted. 3. An 8 foot high masonry wall/fence meeting LDC 5.03.02.H shall be provided along the perimeter of this development and the adjacent Briarwood residential uses with the required Type B landscape buffer meeting LDC 4.06.02.C.2 standards located on the residential side of the wall/fence. Retained native vegetation within this buffer can be used to meet the landscape buffer plant requirements. 4. No amplified outdoor sound equipment or systems are allowed. 5. Speed limit signs shall be posted at 10 mph at both entries and every 100 feet along all drive lanes within the subject development. The speed limit signs shall also note that engine revving is not allowed. 6. Building height shall be consistent with Briarwood PUD standards. 7. Building floor area shall be consistent with Briarwood PUD standards. 8. Owner shall provide a letter of approval for the architectural design of the proposed buildings per Briarwood PUD prior to final SDP approval of the pending phased development. EXHIBIT C [14-CPS-01362/1151226/1]43 Rev 2/05/15 Packet Page -891- 2/24/2015 17.B. • -''1 NAPLES DAILY NEWS (( Wednesday, February 4, 2015 cc 29D • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals of Collier County, will hold a public hearing on Tuesday, February 24, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail' East, Naples, Florida.The meeting will commence at 9:00 A.M:The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW CONDITIONAL USE #3, PRIVATE CLUBS, AND CONDITIONAL USE #5, COMMERCIAL AND PRIVATE PARKING LOTS AND PARKING GARAGES,WITHIN THE COMMUNITY COMMERCIAL TRACT OF THE PLANNED UNIT DEVELOPMENT PURSUANT TO SECTION 6.2.0 OF ORDINANCE NO. 95-33, THE BRIARWOOD PLANNED UNIT DEVELOPMENT, FOR PROPERTY CONSISTING OF 15.97 ACRES LOCATED AT THE NORTHEAST CORNER OF LIVINGSTON ROAD AND RADIO ROAD IN SECTION 31,TOWNSHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. [CU-PL20130002048] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials 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 materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any 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 includes the testimony and evidence upon which the appeal is based. If yc.., 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356 (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK • • By: Ann Jennejohn,Deputy Clerk(SEAL) February 4.2015 • No.2047395 a.. Packet Page -892- •