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Agenda 06/24/2014 Item # 8A6/24/2014 8.A. 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 approve a Resolution providing for the establishment 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 district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41, east of the Collier Boulevard (C.R. 951) and U.S. 41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (CU- PL20130001768). OBJECTIVE: To have the Board of County Commissioners (BCC), acting in its capacity as Board of Zoning Appeals, 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 the petition; and to ensure the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The purpose of this Conditional Use is to allow certain land uses to have increased square footages for buildings in the C -3 zoning district which are larger than the 5,000 and 6,000 square foot limitation. Utilizing the Conditional Use process will allow the Petitioner to seek the requested changes while retaining the existing C -3 zoning on the subject property. Specifically, the petitioner has requested the following three conditional uses for property located within a C -3 zoning district, pursuant to Section 2.03.03.C. Lc of the Land Development Code: - Conditional Use # 10: Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411- 5499). - Conditional Use # 16: Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. - Conditional Use # 17: Pennitted 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. The subject 5.98± acre site is located on the north side of Tamiami Trail East (US 41). The subject site is currently cleared and has a 1.68 preservation area in the north and west portions of the site. To the north of the site is Falling Waters Beach Resort, a multi - family residential development. To the east of the site is an undeveloped parcel zoned C -5. To the south of the site is Tamiami Trail East (US 41) and then the undeveloped Tamiami Crossing CPUD (Commercial Planned Unit Development). To the west of the site is an undeveloped parcel owned by ABC Packet Page -34- 6/24/2014 8.A. Liquors and a parcel developed with a CVS Store; these parcels have a zoning designation of C- 3ST (Commercial Intermediate zoning district within a Special Treatment area). The Site Plan provides for a 15 -foot wide Type B landscape buffer with a wall along the north property line. Where there is no preserve area to act as a buffer on the subject site, a minimum of a 10 -foot wide Type A buffer will be provided along the east and west property lines. A 20- foot wide Type D landscape buffer will be provided along Tamiami Trail East (US 41), and where there is a right -of —way taking, the landscape buffer will be reduced to 10 feet. The Conceptual Site Plan submitted meets all of the LDC C -3 Site Data requirements. However, according to the applicant, there is no specific end user at this time. The site plan 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" of the Resolution, provided that conditions of Exhibit "C" of the Resolution are otherwise met. Staff recommends the following Conditions of Approval: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 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. No adult oriented sales are permitted in this project. 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 between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted, tvlo -way, p.m. peak hour trips. The subject site was previously rezoned from Rural Agriculture (A) and Commercial Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access easement between properties, and the prohibition of buildings within 60 feet of the rear (northeast) property line. The Rezoning Ordinance along with its associated conditions will continue to remain in effect regardless of the subject Conditional Use. To date, one letter of objection has been received. Therefore, this petition has been placed on the Regular Agenda. Packet Page -35- 6/24/2014 8.A. FISCAL IMPACT: The Conditional Use by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the Conditional Use is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 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 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): Comprehensive Planning staff finds the proposed conditional use consistent with the Future Land Use Element. A more detailed description of the GMP consistency is contained in the Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU- PL20130001768, Marco 41 Park on May 15, 2014, and by a vote of 6 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to Staff's Conditions of Approval together with the following additional stipulations, all of which have been incorporated into Exhibit "C ", Conditions of Approval: 1. 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. 2. Dumpsters and dumpster enclosures shall not be placed within 100 feet of the Falling Waters Beach Resort property line. 3. 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. 4. 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. Packet Page -36- 6/24/2014 8.A. No more than one (1) approved Fast Food drive - through establislunent shall be allowed. The ordering window shall not be located within 100 feet of the Falling Waters Beach Resort property line. 6. All pole lighting will be flat panel fixtures. 7. Lighting fixtures within 30 feet of the perimeter boundary of the project will utilize full cut off shields. Any lighting fixture within 50 feet of a residential property line will be limited to 15 feet in height. 9. The following uses have been prohibited per this conditional use request: • Convenience Stores with Gas Pumps only (SIC Group 5411) • Gasoline Service Stations (SIC Group 5541) • Homeless Shelters • Hospitals (SIC Groups 8062 -8069) • Marinas (SIC Group 4493) • Residential dwelling units • Soup Kitchens In addition, the second page of Exhibit B, Master Plan, has been removed per the CCPC's request. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use to allow for larger buildings for certain uses in the C -3 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. The Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the Petitioner, or staff, in order to determine 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 a super - majority vote of four affirmative votes for Board approval. (SAS) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners, acting as Board of Zoning Appeals, approve the request for CU- PL201300001768, Marco 41 Park. Packet Page -37- 6/24/2014 8.A. Prepared by: Nancy Gundlach, AICP, RLA Planning & Zoning Attachments: 1) Staff Report 2) Proposed Resolution 3) Ordinance 05 -35 4) Location Map 5) Master Plan 6) Application- go to: httn: / /www.colliereov. net/ ftn/ A2endaJune24 /GrowthM2mt/ADD]ication Marco 41 %20Park C U.pdf Packet Page -38- 6/24/2014 8.A. C(OT T TTR COTTNTY Board of County Commissioners Item Number: 8.8.A. 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 approve a Resolution providing for the establishment 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 district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41, east of the Collier Boulevard (C.R. 951) and U.S. 41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (CU- PL20130001768). Meeting Date: 6/24/2014 Prepared By Name: GundlachNancy Title: Planner, Principal, Comprehensive Planning 5/23/2014 4:42:11 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 5/28/2014 2:56:55 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 5/28/2014 4:23:49 PM Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 5/29/2014 2:27:52 PM Name: StoneScott Packet Page -39- 6/24/2014 8.A. Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/29/2014 5:05:21 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 11:01:49 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/12/2014 2:58:43 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2014 2:24:56 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 3:00:50 PM Packet Page -40- AGENDA 6/24/2014 8.A. C;0 *67 County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT DIVISION HEARING DATE: MAY 15, 2014 SUBJECT: CU- PL20130001768, MARCO 41 PARK PROPERTY OWNER/AGENT: Applicant /Contract Purchaser: CSC Properties, LLC 5795 Ulmerton Road, Suite 200 Clearwater, FL 33760 Agents: Mr. Fred Hood Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 REQUESTED ACTION: Owner: Mutual of Omaha 302 North Dale Mabry Highway, Suite 300 Tampa, FL 33609 Mr. R. Bruce Anderson Roetzel & Andres Law Firm 850 Park Shore Drive, Third Floor Naples, FL 34103 To have the Collier County Planning Commission (CCPC) consider an application 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 (LDC). GEOGRAPHIC LOCATION: The subject 5.98± acre parcel is located on the north side of U.S. 41, approximately 350± east of the intersection of Collier Boulevard (C.R. 951) and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (See the location map on the following page.) CU- PL20130001768, MARCO 41 PARK April 22, 2014 P<,,,e I ,.c c Packet Page -41- < ci ZO 2 F Q U J 4 � � M g a 5 i g 14 a cos 0- '4/2014 8 A Packet Page -42- Q V z z O N z O Q V O s N J a Z) U 4t Z O F- F w IL .9 d s Li q �~ <g W 3 e 5 Fag Rai ,? aeronsnoa N31Tla� \ �L�� �r � �5 pp tT Packet Page -42- Q V z z O N z O Q V O s N J a Z) U 4t Z O F- F w IL I J 3 r m -1 Q i a m R fit W� � f'ai ♦ o O R f V + aZo W�Oo o R w z =� z m • z Om+i Nin + {+ +, 1 w U ... LLI w R W', g¢ o of <� z -- W W 0 Z o R I z�� i + � + U m fi m •♦ a R I ai, 11 Q LL--Jfj W R ae• i + f ' Vl I + I + ' R' o f • > >gf o �NI ? 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O O o LL � ti o � o U � U) 0 Z O � W ti Q w w m � m m o o ¢ ¢ w h � F- Q w � p Q � W � O O = LL J J Q z z z z = W � � � Q � = W � � � z ¢ w Oz ¢ Packet Page -44- Q Q Q W W W w U � �m L LL Co t t- W Z Z= Z W LL N N Q Q O � �O H HO c o Z Z U ( (n c cn z z z 2 Z Z � W W Q w w m � m m o o ¢ ¢ h � F- Packet Page -44- 6/24/2014 8.A. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the subject Conditional Use is to allow certain land uses to have increased square footages for buildings in the C -3 zoning district which are larger than the 5,000 and 6,000 square foot limitation. The petitioner has requested the removal of the 5,000 and 6,000 square footage cap for the following land uses on the subject property: Conditional Use # 10: Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411 - 5499). Conditional Use # 16: Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. Conditional Use # 17: 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. As previously stated, the subject 5.98± acre site is located on the north side of Tamiami Trail East (US 41). The subject site is currently cleared and has a 1.68 preservation area in the north and west portions of the site. To the north of the site is Falling Waters Beach Resort, a multi- family residential development. To the east of the site is an undeveloped parcel zoned C -5. To the south of the site is Tamiami Trail East (US 41) and then the undeveloped Tamiami Crossing CPUD (Commercial Planned Unit Development). To the west of the site is an undeveloped parcel owned by ABC Liquors and a parcel developed with a CVS Store; these parcels have a zoning designation of C -3ST (Commercial Intermediate zoning district within a Special Treatment area). The Site Plan provides for a 15 -foot wide Type B landscape buffer with a wall along the north property line. Where there is no preserve area to act as a buffer on the subject site, a minimum of a 10 -foot wide Type A buffer will be provided along the east and west property lines. A 20- foot wide Type D landscape buffer will be provided along Tamiami Trail East (US 41), and where there is a right -of –way taking, the landscape buffer will be reduced to 10 feet. The proposed development is subject to the following LDC C -3 Site Data as shown in the following chart: CU- PL20130001768, MARCO 41 PARK April 22, 2014 r - -- Packet Page -45- Required: Min.Lot Area 10,000 s.f Min. Lot Width 75' Max. Zoned Bldg. Height 50' Min. Ground Floor Area 700 s.f. CU- PL20130001768, MARCO 41 PARK April 22, 2014 r - -- Packet Page -45- 6/24/2014 8.A. The Conceptual Site Plan submitted meets all of the above Site Data requirements. However, according to the applicant, there is no specific end user at this time. The site plan 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" of the Resolution, provided that conditions of Exhibit "C" of the Resolution are otherwise met. The project shall meet the following Conditions of Approval which have been incorporated into Exhibit "C" of the attached resolution: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 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. No adult oriented sales are permitted in this project. 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 between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips. The subject site was previously rezoned from Rural Agriculture (A) and Commercial Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access easement between properties, and the prohibition of buildings within 60 feet of the rear (northeast) property line. The Rezoning Ordinance along with its associated conditions will continue to remain in effect regardless of the subject Conditional Use. To date, no letters of objection or support have been received. CU- PL20130001768, MARCO 41 PARK April 22, 2014 Packet Page -46- Required: Min. Front Yard Setback 50% of bldg. height, but not less than 25' Min. Side Yard Setback 50% of bldg. height, but not less than 15' Min. Rear Yard Setback 50% of bldg. height, but not less than 15' Open Space Not Applicable The Conceptual Site Plan submitted meets all of the above Site Data requirements. However, according to the applicant, there is no specific end user at this time. The site plan 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" of the Resolution, provided that conditions of Exhibit "C" of the Resolution are otherwise met. The project shall meet the following Conditions of Approval which have been incorporated into Exhibit "C" of the attached resolution: 1. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 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. No adult oriented sales are permitted in this project. 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 between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips. The subject site was previously rezoned from Rural Agriculture (A) and Commercial Convenience with a special treatment overlay (C -2ST) to C -3 on June 28, 2005. (See attached Ordinance 05 -35.) The Rezoning Ordinance had several conditions including the construction of a wall and landscaping adjacent to Falling Waters Beach Resort, fair share contribution to intersection improvements at the intersection of US 41 and Collier Boulevard, a cross access easement between properties, and the prohibition of buildings within 60 feet of the rear (northeast) property line. The Rezoning Ordinance along with its associated conditions will continue to remain in effect regardless of the subject Conditional Use. To date, no letters of objection or support have been received. CU- PL20130001768, MARCO 41 PARK April 22, 2014 Packet Page -46- 6/24/2014 8.A. CTJ.RP,0L1Y,D11NG LAND vTSE & ZONING-9 SUBJECT PARCEL: The site is currently vacant, in the C -3 (Commercial Intermediate) zoning district SURROUNDING: North Multi- family residences with a zoning designation of Falling Waters Beach Resort PUD (Planned Unit Development) East: An undeveloped commercial parcel and then a developed commercial parcel with a zoning designation of C -5 (Heavy Commercial) South: Tamiami Trail East (US 41), and then undeveloped land with a zoning designation of Tamiami Crossing CPUD (Commercial Planned Unit Development) West: A parcel developed with a CVS Drugstore and an undeveloped parcel with a proposed ABC Liquor Store with a zoning designation of C -3ST (Commercial Intermediate within a Special Treatment area) CU- PL20130001768, MARCO 41 PARK April 22, 2014 Aerial n...... -7 ..! A A Packet Page -47- 6/24/2014 8.A. GROWTH MANAGEMENT PLAN (GMP)- CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Commercial District, Mixed Use Activity Center Subdistrict — Activity Center #18), as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). Relevant to this request, the purpose and intent of the C -3 district 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. The Mixed Use Activity Center Subdistrict allows C -1 through C -5 and the requested added uses are permitted as conditional uses within C -3 zoning districts of the Land Development Code (LDC). Therefore the petition request is consistent with the FLUE of the GMP. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Please refer to the "Analysis" section below. Transportation Element: The Transportation Services Department has reviewed the Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Based on the above analysis, staff finds the requested conditional uses consistent with the Growth Management Plan. ANALYSIS: Pursuant to LDC Section 10.08.00 D., before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use have been met by the petitioner; and 3) satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 2. 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- PL20130001768, MARCO 41 PARK April 22, 2014 Packet Page -48- 6/24/2014 8.A. Existing ingress and egress to the subject property is provided by four points. One is located along Tamiami Trail East (US 41). The other is through a cross access easement to the west through the CVS parcel that provides a second ingress and egress to Tamiami Trail East (US 41) and to a third ingress and egress to Collier Boulevard (SR 951). The forth point is through an access easement to the east that provides a forth ingress and egress to Tamiami Trail East (US 41). There is a sidewalk along Tamiami Trail East (US 41). 3. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The purpose and intent of the C -3 limit of 5,000 square feet of gross floor area is that these land uses generally have a greater impact in relation to noise, glare, economic or odor effects. However, these impacts can be addressed as part of the conditional use process. The subject site is surrounded by developed and undeveloped commercial to the east and west, along with undeveloped commercial to the south. The Conditional Use will have a minimal impact on these neighboring commercial properties in relation to noise, glare, economic or odor effects. However, there are multi - family residences to the north. The proposed Conditions of Approval limiting the size of the development, outdoor sound and delivery hours along with the required Type B Landscape Buffer will insure that the Conditional Uses will have minimal impact on neighboring properties in relation to glare, economic or noise effects. 4. Compatibility with adjacent properties and other property in the district. If the proposed Conditions of Approval are adopted, the proposed retail land uses can be found compatible with adjacent properties and other properties in the immediate area. As previously stated, the subject property is located between two commercial properties on a principal arterial road. Based on the above findings, this conditional use is recommended for approval NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on February 12, 2014, at 5:30 p.m. at the East Naples Public Library, located at 8787 Tamiami Trail East, Naples, Florida. According to a head count performed by Staff, approximately 35 to 40 people along with the applicant attended the meeting. For further information, please see the NIM Minutes (Attachment C). The meeting ended at approximately 6;25 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- PL20130001768 revised on April 22, 2014. CU- PL20130001768, MARCO 41 PARK April 22, 2014 P--- o..cn.1 Packet Page -49- 6/24/2014 8.A. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20130001768 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 5.98 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. No adult oriented sales are permitted in this project. 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 between the hours of 10 p.m. and 8 a.m. 5. Delivery hours shall be limited to the hours between 8 a.m. and 6 p.m. 6. The trip generation cap is 435 unadjusted, two -way, p.m. peak hour trips. CU- PL20130001 768, MARCO 41 PARK April 22, 2014 P­ an_;4It Packet Page -50- PREPARED BY: Y"U\ NANCY G LA H, AICP, PRINCIPAL PLANNER GROWTH N: &MENT DIVISION REVIEWED BY: RAYMONYW. BELLOWS, ZONING MANAGER GROWTH WLANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED NICK "CASH :ANGUID,A/, ADMINISTRATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Proposed Resolution Attachment B: Ordinance 05 -35 Attachment C: NIM Minutes CU- Pl-20130001768, MARCO 41 PARK April 14, 2014 P--- It A -.r It 4 Packet Page -51- 6/24/2014 8.A. I I�' 11�" 14- DATE DATE DATE 6/24/2014 8.A. RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT 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 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- PL201300017681 WHEREAS, the I- egislature 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 {5°12 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 Marco Park 411CU- PL20130001768 I of 3 Rev. 5/2 1 / 14 Packet Page -52- 6/24/2014 8.A. District pursuant to Subsection 2.03.03.C. 11.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-' )) 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 day of 2014. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, Chairman Marco Park 41 \CU- PL20130001768 2 of 3 Rev. 5/21!14 Packet Page -53- 6/24/2014 8.A. Approved as to form and legality: A i5 /a.�rly Scott A. Stone Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions of Approval CP\1 3-CPS-0 1274/62 Marco Clark 41 \CU- 111,20130001768 3 of 3 Rev. x'21'14 Packet Page -54- ENE DAVIDSON kNCINFf:N iIJ C1 LEGAL DESCRIPTION EXHIBIT 'W PROPERTY DESCRIPTION 6/24/2014 8.A. 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 Lei >al Description uti,x"�l.davidsonenc ineerino .com Packet Page -55- D' :C7 D F rn �c cn o� C I = I I i I 0 m - +o_m z 00� -v'.I nnmo� '..Oz i ZTOm T c1Ab> z oc��T rn O m O.p 'Ci U1 TZi 'Kn D `O iwm�n D��p xD D x zm �5z � U) 0 x m { m55C5i M r 2 �0m 0 z b A o I m 10' TYPE "A" LANDSCAPE BUFFER 1 0 K n1 m .o m f z 0 ou m f T: s I {1� I 1 � — N n 10;� — 1 J >� 1�1 ,L -m m Z n ' 1 n �1 m v m ■ C Q _r T T A Exhibit B CVS DRUG STORE EXISTING.0 -3ST ZONING H 0 0 C n r 00_9 TAD r wm0 0 r °029 n 0 D r 0 k p� 0 'rs z r oO9 tnL C T � � 15' SIDE YARD SETBACK 0 -j .Z > «1 ' , m b ! 1= �.� zm I« cn mom ch d , "0 ♦1 11 Z 1> c z g 1 m m m o ■ 0 S A ■ b, m 1 m b b rn A m Y z 0 D 1 m X it m 1 n z 1n _ Z m • D � C b �1Em 1z b • • I 1 ti ♦ . I II' m 11 m 4 f e n 6/24/2014 8.A. 10' TYPE "A" 15 SIDE YARD )I LANDSCAPE BUFFER I SETBACK I( -(SEE NOTE) n 0 9 CC0 rz- m X 0 A 0 n i N D O l r z FJ s � o � I o D MARCO 41 PARK CONDITIONAL USE 8 PPOPERTIEB U.0 O 595 Ul... .OAp i.fuw BV n *t£ CLE+KVAIER FLJ3T80 GN C,.) r,"•„H,,, I CONCEPTUAL SITE PLAN vaCKet Nage -5b- � 1 SIOgS F. 10 / HL M 3 u.a /un y srw 7" ups smu � s�, 6/24/2014 8.A. 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 are permitted in this project. 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. S. Amplified sound for approved land uses are limited to areas fronting Tamiami Trail East (tJS 41) between the hours of 8 a.m. to 10 p.m. Amplified sound shall not be penmitted 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. 1 l . 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. Page I of 2 Packet Page -57- 14. The following uses have been prohibited per this conditional use request: a. Convenience Stores with Gas Pumps only (SIC Group 541 1) b. Gasoline Service Stations (SIC Group 5541) e, Homeless Shelters d. Hospitals (SIC Groups 8062 -8069) e. Marinas (SIC Group 4493) f. Residential dwelling units g. Soup Kitchens 1-CPS- O12_74/59 521/14 Pace 2 of 2 Packet Page -58- 6/24/2014 8.A. 6/24/2014 8.A. 1112 �$g10 ORDINANCE NO. 05 – a 5 fir, r AN ORDINANCE OF THE BOARD OF COUNTY 11[1FL Y S' COMMISSIONERS AMENDING ORDINANCE NUMBER 04- ` 41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH �tZBZgt�' ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE OFFICIAL ZONING ATLAS MAP BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 JUST EAST OF COLLIERVL o BOULEVARD IN SECTION 03, TOWNSHIP 51 SOUTH ,P RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM RURAL AGRICULTURAL AND "C -2ST" COMMERCIALNf`- r "'- CONVENIENCE WITH A SPECIAL TREATMENT OVERLAY• = Q1 h .j TO "C -3" COMMERCIAL INTERMEDIATE FOR RETAIL,,, OFFICE, AND RESTAURANT AND OTHER USES SUBJECTSt. w TO CONDITIONS; AND PROVIDING FOR AN EFFECTIVEg c, DATE. :> r*i WHEREAS, Southern Development Company, Inc., represented by Jeff L. Davidson, P.E., of Davidson Engineering, petitioned the Board of County Commissioners to change the zoning classification of the subject real property for Petition No. RZ- 2003 -AR -4961. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the subject real property, more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture and "C -2ST" Commercial Convenience with a Special Treatment Overlay to "C -3" Commercial Intermediate for retail, office, and restaurant and other uses and the appropriate Official Zoning Atlas Map, as described in Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly, subject to the following conditions: 1. No development orders will be approved, other than to authorize construction of a required wall and Type `B" buffer adjacent to Falling Waters Beach Resort as set forth below, until sufficient capacity exists on all affected segments and the intersection of US- 41 and SR -951, as may be determined by the County's Concurrency Management System. 2. In addition to all required transportation impact fees, Developer may be required to make a proportionate, fair -share payment for required future capacity improvements to the intersection of US-41 and SR -951, i.e., payment equal to the cost to create sufficient capacity at that intersection for the traffic impacts created by the development. 3. Prior to any Site Development Plan (SDP) approval, other than to authorize construction of a required wall and Type `B" buffer adjacent to Falling Waters Beach Resort as set forth below, access to the adjoining commercial properties shall be provided in the form of easements granted to adjacent property owners to facilitate cross access between the commercial properties to the east and west of the subject property. 4. A sidewalk shall be constructed along the frontage of the subject property on Tamiami Packet Page -59- 6/24/2014 8.A. Trail (U.S. Highway 41) pursuant to LDC Sections 5.05.08.C.4, and 10.02.03.B.1.b.i.xiii. 5. Prior to approval of the development's first SDP, i.e., other than to authorize construction of a required wall and Type `B" buffer adjacent to the Falling Waters Beach Resort as set forth below, the Environmental Advisory Council will review the approved South Florida Water Management District (SFWMD) permit for mitigation of wetlands impacts. 6. In addition to any other rear yard requirement for this zoning district, no accessory or principal building may be permitted within sixty-feet of the rear (NE) property line. 7. Owner agrees to construct an eight foot (8') wall ten -feet inside the rear (NE) property line within 90 days from the date of issuance of the required development permit to construct the wall that will be uniformly landscaped and irrigated on both sides, as shown in rendering (Exhibit C), and as otherwise required by the LDC. The wall, landscaping, and irrigation facilities will be maintained by the property owner. 8. In addition to the otherwise applicable conditioned above, until the required wall, landscaping, and irrigation facilities are completed, no other building permits may be issued or approved for Phase III of the development, i.e., the subject petition. 9. Any trash enclosures constructed on Phase III, i.e., the subject petition, will be screened from view from the Failing Waters Beach Resort property as required by the Land Development Code (LDC). SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2005. ATTEST. DWIGHT' E.,BROQK',CLERK C Attest'Itr.- uvi-A+i�ityClerk sipnatvre oils. Approved as to form and legal sufficiency: Patrick G. White Assistant County Anomey RZ- 2003 -AR 4961 /MD/sp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 7- (A) FRED W. COYLE, CHAIRM Packet Page -60- This ordinoncp fi4ed with th; Secretory of State's Office the fQ day of -- and acknowledge ent of that filing received is of e day 6/24/2014 8.A. LEGAL DESCRIPTION A PORTION OF NOTRH %1 OF SECTION3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 3: FROM THE EAST' /. CORNER OF SECTION 3, RUN WITH SECTION LINE SOUTH 0 DEGREES 41 MINUTES 31 SECONDS WEST, A DISTANCE OF 612.57 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 29 SECONDS WEST, A DISTANCE OF 722.35 FEET TO THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF COUNTY DRAINAGE CANAL WITH THE NORTH RIGHT -OF- WAY LINE OF STATE ROAD #90 (TAMIAMI TRAIL); THENCE WITH SAID TRAIL RIGHT -OF- WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 2647.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WITH THE TRAIL. RIGHT - OF -WAY LINE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 440 FEET; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400.00 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 440 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. PARCEL 4: CERTAIN LANDS SITUATED IN THE NW '/. OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, STATE OF FLORIDA; FROM THE NE CORNER OF SAID NW'/-, RUN WITH THE SECTION LINE NORTH 89 DEGREES 23 MINUTES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 324.27 FEET TO THE EAST RIGHT -OF -WAY LINE OF STATE ROAD #951; THENCE WITH SAID RIGHT -OF -WAY LINE SOUTH 35 DEGREES 40 MINUTES 8 SECONDS WEST A DISTANCE OF 1252.72 FEET TO ITS JUNCTION WITH THE NORTH RIGHT - OF -WAY LINE STATE ROAD #90; THENCE WITH THE RIGHT -OF -WAY LINE OF STATE ROAD #90 SOUTH 24 DEGREES 19 MINUTES 52 SECONDS EAST A DISTANCE OF 69.99 FEET AND SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTANCE OF 379.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 39 MINUTES 44 SECONDS EAST A DISTANCE OF 400 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 16 SECONDS EAST A DISTNACE OF 220 FEET; THENCE SOUTH 35 DEGREES 39 MINUTES 44 SECONDS WEST A SISTANCE OF 400 FEET; THENCE NORTH 54 DEGREES 20 MINUTES 16 SECONDS WEST A SISTANCE OF 220 FEET TO THE PIONT OF BEGINNING. CONTANINING APPROXIMATELY 6.07 ACRES EXHIBIT "A" Packet Page -61- N O -Ci 2 m » > Z h m �v6r v�°rl2 s T M. 9„3/8, ,s,,,..„ a, 6/24/2014 8.A. i � y t �; I MT Y~ �' P S p��yRY Am ro Al � tz a % y 4'�y CVs DRUG STORE : K EXISTING C -3ST ZONING % I L2 D L4 III$ . = ®L2 4 I I �i �'+ _ � •' L I 1 ! r Iz nr 2 ! In III it c9 > ! 1 v' so v S N I I 11 Q. � it � !> D , 92� Ci] °?mom I O D x �� I I� = D ► x I° .a —00. n f l p. 11 y It i~ If sr I X ' Q Ln V7 Z ON I C) T 2 Packet Page -62- DD i w d1� O� p Jr o I� I C3 IZ D i" I �i I D� i I i I DPD 11 M M x z C C ° D C 2 n yD A m m S M M LA P 0 t TDm xcGi I MH m nw m i F.F 1 I "z r C 1 �v D� W Z !r A R ` I c3 I I I I � D ! r I g i N I S m o m I Y Z " I I I I ,C^ ! N i y I V I I —00. n f l p. 11 y It i~ If sr I X ' Q Ln V7 Z ON I C) T 2 Packet Page -62- DD i w d1� O� p Jr o I� I C3 IZ D i" I �i I D� i I i I DPD 11 M M x z C C ° D C 2 n yD A m m S M M LA P 0 t FROM : DALE A. SLABAUGHi ASLA A a < D � o � �1 D r Z m � n � � D O m py �d V) D r= f � 1 1 S 6/24/2014 8.A. FAX NO. : 941 353 0814 Jun. 30 2005 10:12AM P1 C i NaCKet Page - b3- KHIBIT C r b~ � O a N v V 6/24/2014 8.A. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2005 -35 Which was adopted by the Board of County Commissioners on the 28th day of June 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day Of July 2005. DWIGHT E. BROCK -Clerk of Courts and Clerk Ex- officio tq Board of County Commis 1 By: Heidi R. 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Zoa-O °LT- -00 a r W -J W w O U w o r m w� "�Q�a- wg<o °U,o� Ho Wz CO 0QT _ T1 0 - rF-0T_ oON 2 w °EZ =zWa a0r w n- w} Up ZQ = >� J U_ Z W W w Q w� Z J W > Q O m w w° o 0} C) LWf= m°w�W°U } ~UW Co Cl w�cnwr °> W��zw N° w r Z U U— w w 3 Z —� w> WT °gof(U) gig <°° d�(� °�mZ��wrr�d }a Z_ W — Z w� o Z Z r< w< mr° Oa.cn --ZZ� J Q (n U W (WAU) w awzozmu-Z�L�O3: W Q � 13 nU) ir wmO2 W OJ=Z Q m a Z w °Z W W Z W U -iX m =Ow0O� OIrww�z 0—!" �fl% ,r,Zrr(nrm°Q(n —Packet Page -67- w 0 Z Z Z Z Q d 6/24/2014 8.A. 0 w m C� Z Z z O ON ° Lli w 0 U d w (/) w Z U ° D Z ° z r J Z W U w w U Co U Tt J (n W Z °m z OW u U ° Z d J O Q 1 H Q O w > U j W w F- w Q ° ° Q U Of Z U) D W w U O w 2i i= w Z Z =) U U 2i Q Q ° w M Co O U 10 X U U U > O C� Z Z z O ON ° Lli w 0 U d w (/) w Z U ° D Z ° z r J Z W U w AVlL3AO lOOd 6/24/2014 8.A. :NV-ld 3115'lVflld33NO3 °ptOL � n03b d� 15 x31.�3b ♦ 60 /ro b3d SN li � 09LEC la'a3ltlMtltl3l�. i= aid 5 •l /BO ° OO1311l1S 'Otlotl NOltl3rvin 56[5 �� O si�s3nr�io� dlrls N31A3b °l of /f0 bad sNOlsatl >� '���'S311H3dOtld �S� rN+3nwm 3drls nalntla a o aaa snolsln3n n u c 3Sf1 IVNOIlION00 N2iVd Lb OOaVW ` SiN3nn03 ]lvl6 M31A3tl °t GO i0 tl3d SNOISIA3tl sl CL i f. N SN0161A3a �I ® u, Ic�I o ? w Ei z L QEOyI I gap[ tloz wrw yw � i310N339. Na--u s 3dV0 ONVI .V.. 3d.11 . l I Z a w c� I So.m1 oa c 41 0 1 e @° yO °z ¢ w a a 1 ��g� 1 , .SSa Y J l/1 E W 1 Q 8 ql ' :; 1 �l m� W Y ° _ a o I I `1 I 1 1 Do az goy' °O 4J ml e 0 1 a4'l �zo z� JI3i _. 1 Qa, 0 44 NOVHI3S OLiVA 3OIS .Sl 83ddne 3dVDSONVI X. 3dAl.N - M II b I� e Packet Page -68- __ - D U W O a w F- W U U U U U W 0 >¢¢¢¢ O r O m M w o y O 0 V O N Z 2 r W d O - � ? Q OW to < p Q a O Ow o^ � a aU z w U U U U Q Q w Ni 0 W �Q¢Q¢ y W W W K w 2(n F W m �ornv >a' >Z ¢p U x... i wa ww o0 W r W 4 D j U W W w W W h ir N Q S Q S W W U) z za _2 ir w D ao o LL ¢ Q Q¢ xm =x Y is ¢ a a a Mf1d 3AN3S38d- nvH3AD . aaecc �i'aWrmev3io Il J �� ooz mains 311LL ovoe eoieawin saes c on'sauaadona oso 3Sl1 IVNOUI0N00 NNNd tY OONb'W so Cl 1 I I I I� I �I 11 111 W 1 11 i I/ I 1 _ I ql ' I i i II Ili I I I I �1 I I I I I I I ' I I I I yaW I � 1 1 1 1 1 1 1 1 _ 1 � � 1 � O 1 � Q 1 1 IP L _�a Packet Page -69- 6/24/2014 S.A. gel 6/24/2014 8.A. May 13, 2014 Nancy Gundlach Principal Planner Department of Land Development Service 2800 North Horseshoe Drive Naples, FL. 34104 Dear Ms Gundlach: I, Nancy Iula am an owner at Falling Waters Beach Resort and I am against the development of the north side of U.S. 41 just east of Collier Boulevard. I feel the proposal is inappropriate and at this time and the change of property use should not be allowed. Although, I understand the importance of development I believe we need to be aware of over development. Being overlooked are the already too may vacant commercial properties in the area. Before creating additional properties that can go out of business we should examine and hopefully make use of the existing vacant sites as they are visually unappealing. My condo and I would be directly affected as my building is located close to the proposed sites. The negative impact on me would include declined property value, traffic, noise, smells, pollution and garbage that would be within 500 feet of my condo. I am concerned that smoke from cooking and extra pollution could affect my family member that is asthmatic. My condo property value could decrease and it could have a declined rental appeal being located so close to another business. Additional traffic would be the cause for traffic, driving and walking safety concerns at this already large intersection. Thank you for this consideration. Nancy Iula 6830 Beach Resort Drive Naples. Fl. 34114 nancy.iula @verizon.net Packet Page -70- 6/24/2014 8.A. 24D )) Wednesday, June 4, 2014 )) N A P L E S D A I LY NEWS �*Ift ht MFF*ING NOTICE C NOTICE OF PUBLIC HEARING TO CONSIDER 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, June 24, 2014, 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 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 FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [CU- PL201300017681 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 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 3335 Tarriiami 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 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) June 4 2014 No 2027146 Packet Page -71-