Agenda 03/12/2013 Item #11A 3/12/2013 11 .A.
EXECUTIVE SUMMARY
Recommendation to provide direction on a proposed Land Development Code amendment to the
Commercial Two and Three Zoning Districts to allow existing structures which exceed square foot
limitations to be occupied by similar uses that have equal square footage limitations as the original
user without having to go through a Conditional Use.
OBJECTIVE: To seek direction from the Board of County Commissioners (Board) regarding
a proposed Land Development Code (LDC) amendment to the Commercial Two and Three (C-2
& C-3) Zoning Districts to allow existing structures to be occupied by right with similar users as
the original use when square footage limitations of the LDC would require a Conditional Use.
CONSIDERATIONS: To understand the issue contained within this Executive Summary the
purpose and intent of the C-2 and C-3 Zoning Districts are provided.
The purpose and intent of the commercial convenience district (C-2) is to provide lands where
commercial establishments may be located to provide the small-scale shopping and personal
needs of the surrounding residential land uses within convenient travel distance except to the
extent that office uses carried forward from the C-1 district will expand the traditional
neighborhood size. However, the intent of this district is that retail and service uses be of a
nature that can be economically supported by the immediate residential environs. Therefore, the
uses should allow for goods and services that households require on a daily basis, as opposed to
those goods and services that households seek for the most favorable economic price and,
therefore, require much larger trade areas.
The purpose and intent of the commercial intermediate district (C-3) 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. Most activity centers
meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and
C-2 zoning districts typically aggregated in planned shopping centers. This district is not
intended to permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise.
To satisfy the purpose and intent of the C-2 and C-3 zoning districts, the Collier County LDC
allows a variety of uses as permitted by right up to a certain square footage and for projects that
exceed those limitations, a Conditional Use process is required. Directly related to the request of
this Executive Summary, use 73 of the C-3 zoning district provides an example, "73. Radio,
television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor
area in the principal structure. " Projects that would propose a larger gross floor area than the
5,000 square feet are required to go through the Conditional Use process to ensure that
neighborhood compatibility, as described in the purpose and intent section of the district is
maintained.
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The issue as it relates to the request within this Executive Summary centers upon existing
structures within these zoning districts that exceed the permitted square footage allowances that
have been vacant for a period of over a year. In July of 2012, the Board as part of the LDC
amendment process increased the time frame a Conditional Use could remain vacant before that
Conditional Use expired from one hundred and eighty (180) days to one year. At the end of this
one year period any use that had similar square footage limitations that sought to occupy the
structure would require a new Conditional Use. The LDC currently has no provision to allow
that existing structure to be occupied by right by a similar use.
The Growth Management Division has been contacted by an applicant for the former Rex
Electronics building located at 4436 Tamiami Trail East,Naples, Florida 34112, situated in a C-3
Zoning District. The site contains a +12,000 square-foot existing structure, that has been vacant
for over a one year period. The applicant has contacted the Staff to initiate the process for the
site to be occupied by a sporting goods store. As required by the LDC. a Conditional Use is
required due to the gross floor area being greater than the 5,000 square-foot limitation. Per the
C-3 zoning district Conditional Uses, "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. " Staff is empathetic to the burden placed upon the applicant by the LDC
and as such is requesting direction from the Board to initiate a LDC amendment to be added to
the C-2 and C-3 zoning districts with the following proposed language, "For any existing
structure/structures, that exceed the square footage limitation of the C-2 or C-3 zoning districts
for specific uses, may be occupied by similar uses that have equal square footage limitations by
right. " This proposed language would allow for structures that have already established their
compatibility with the surrounding built environment to be occupied by similar uses without the
need for an additional compatibility analysis provided for by the Conditional Use process. It
should be noted that there are numerous other C-3 uses that could occupy the existing structure
by right (uses with no square-foot limitations), but as noted, the LDC does not provide that
allowance for similar retail uses.
Additionally, staff is requesting direction from the Board to allow the applicant for the sporting
goods store to move forward and legally occupy the existing + 12,000 square-foot structure,
located at 4436 Tamiami Trail East, Naples, Florida 34112 by right, adhering to all other
required LDC requirements, while staff prepares the directed amendment to the C-2 and C-3
zoning districts. If the Board desires to proceed as recommended, the owner will have to
acknowledge in writing that it is at their own risk and peril, and if the Board does not
subsequently grant the LDC amendment, the sporting goods store tenant will have to seek a
Conditional Use or vacate the premises.
FISCAL IMPACT: There is no fiscal impact associated with this item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires a majority vote for approval. —HFAC
GROWTH MANAGEMENT PLAN IMPACT: The direction provided by Board will have
no impact upon the Growth Management Plan.
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3/12/2013 11 .A.
RECOMMENDATION: That the Board provide direction to staff to allow for the former
Rex Electronics building located at 4436 Tamiami Trail East, Naples, Florida 34112 to be
occupied by a proposed sporting goods apparel store as a permitted use and to bring back an
LDC amendment to allow for existing structures that exceed square footage limitations of the C-
2 and C-3 zoning districts for specific uses to be occupied by similar uses that have equal square
footage limitations by right.
Prepared by: Mike Bosi, AICP, Planning & Zoning Interim Director, Growth Management
Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to provide direction on a proposed Land Development
Code amendment to the Commercial Two and Three Zoning Districts to allow existing
structures which exceed square foot limitations to be occupied by similar uses that have equal
square footage limitations as the original user without having to go through a Conditional Use.
(Mike Bosi, Planning &Zoning Interim Director, Growth Management Division)
Meeting Date: 3/12/2013
Prepared By
Name: BosiMichael
Title:Manager-Planning,Comprehensive Planning
2/27/2013 2:19:56 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 2/27/2013 4:31:43 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 2/27/2013 4:36:17 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 3/1/2013 9:58:19 AM
Name: KlatzkowJeff
•
Title: County Attorney
Date: 3/1/2013 3:45:08 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/1/2013 5:18:22 PM
Name: OchsLeo
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3/12/2013 11.A.
Title: County Manager
Date: 3/3/2013 11:14:04 AM
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