Agenda 09/24/2013 Item #17Cn
9/24/2013 17.C.
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 a retail store in excess of
5,000 square feet within the C -3 Zoning District pursuant to Section 2.03.03.C.1.c.17 of the Collier
County Land Development Code for property located on the southwest corner of 95th Ave. N. and
U.S. 41 in Section 33, Township 48 South, Range 25 East, Collier County, Florida. [CU-
PL20130001108, Milan Center]
OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staffs 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
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 subject C -3 property was previously developed in 2005 with a 2-
story, 12,200± square-foot building. The building originally had a retail bank on the ground
floor and offices on the second floor along with under the building and surface parking areas.
These uses are permitted in the C -3 zoning district without a maximum floor area limitation.
Conversely, the proposed retail use requires conditional use approval in order to exceed the
maximum floor area limit of 5,000 square feet.
The applicant proposes to enclose a 2,800± square -foot under building parking area, expanding
the floor area to 14,994± square feet to accommodate a furniture store. The purpose of this
petition is to obtain a Conditional Use approval in excess of the 5,000 square feet of gross floor
area limit to permit 14,994± square feet of retail uses including a furniture store as allowed by
the Conditional Use section of the Land Development Code (LDC):
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 0.93± acre site is located at the southwest corner of the
intersection of Tamiami Trail North (US 41) and 95th Avenue North. The subject site is
currently developed with a 2 -story bank and offices along with related parking areas. To the
north of the site are C -3 zoned developed commercial land uses; to the east is Tamiami Trail
North (US 41) and then Pelican Marsh PUD (Planned Unit Development); to the south is C -3
zoned development with commercial land uses and a single - family residence, and to the west is
a single - family residence that is zoned RMF -6.
The Conceptual Site Plan depicts the 14,994± square -foot building and related parking area. The
existing parking area has ample parking to support the proposed furniture store use. (There are
43 existing surface parking spaces; 27 parking spaces are required for the furniture store use.)
However, should the subject building be used for a retail use that might require additional
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9/24/2013 17.C.
parking, that parking may be sought through an Administrative Parking Reduction or through a
Parking Exemption.
The Site Plan also shows an existing 15 -foot wide Type D landscape buffer along Tamiami Trail
North (US 41), an existing 10 -foot wide Type D landscape buffer along 95th Avenue North, an
existing 10 -foot wide Type A landscape buffer along the south property line adjacent to the
commercial area, and an existing 15 -foot wide Type B landscape buffer adjacent to the
residential property. Along the west property line adjacent to the single- family residence is an
existing 15 -foot wide Type B landscape buffer with a 6 -foot high wall.
Staff is recommending approval of this Conditional Use subject to the following Conditions of
Approval:
1. This Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
2. The maximum retail square footage available for any use shall be based on the LDC
parking requirement for the on -site retail use. The property owner acknowledges that
100% of the building may not be available for all retail uses unless parking is made
available via off -site parking or parking exemptions as identified in Section 4.05.00 of
the LDC.
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 n
development. However, if the PUD amendment 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.
COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The
CCPC heard petition CU- PL20130001108, Milan Center on August 1, 2013, 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 the following conditions of approval which state:
I The Conditional Use approval is limited to the retail use of 14,994± square feet of n
building area.
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9/24/2013 17.C.
2. The maximum retail square footage available for any use shall be based on the LDC
parking requirement for the on -site retail use. The property owner acknowledges that
100% of the building may not be available for all retail uses unless parking is made
available via off -site parking or parking exemptions as identified in Section 4.05.00 of
the LDC.
To date, no letters of objection have been received. Therefore, this petition has been placed on
the Summary Agenda.
LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for
approval of a conditional use. 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 required 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 an affirmative vote of four for Board
approval. (HFAC)
GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): Comprehensive
Planning staff finds the proposed rezone consistent with the Future Land Use Element. A more
detailed description of the GMP consistency is contained in the Staff Report.
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further
recommends that the Board of Zoning Appeals approve the request for CU- PL20130001108.
Milan Center subject to the CCPC revisions as previously stated in the CCPC Recommendation
section of this Executive Summary.
Prepared By: Nancy Gundlach, AICP, RLA
Planning & Zoning
Attachments: 1) Staff Report
2) Resolution
3) Location Map
4) Master Plan
5) Application
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
9/24/2013 17.C.
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 a retail store in excess of 5,000 square feet within the C -3 Zoning District pursuant to
Section 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located on
the southwest corner of 95th Ave. N. and U.S. 41 in Section 33, Township 48 South, Range 25
East, Collier County, Florida. [CU- PL20130001108, Milan Center]
Meeting Date: 9/24/2013
Prepared By
Name: GundlachNancy
Title: Planner, Principal,Comprehensive Planning
8/27/2013 3:29:50 PM
Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 8/28/2013 4:16:52 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 8/29/2013 4:06:58 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 8/30/2013 8:22:13 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 8/30/2013 2:43:45 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
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n Date: 9/11/2013 8 :15:21 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/11/2013 4:07:44 PM
Name: OchsLeo
Title: County Manager
Date: 9/12/2013 11:33:56 AM
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9/24/2013 17.C.
AGENDA ITE.924/2013 17.C.
e�r, county
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: PLANNING & ZONING DEPARTMENT, GROWTH MANAGEMENT
DIVISION
HEARING DATE: AUGUST 1, 2013
SUBJECT: CU- PL20130001108, MILAN CENTER
PROPERTY OWNER/ APPLICANT /AGENT:
OWNER/APPLICANT:
Milan 34108 LLC
1033 Spanish Moss Trail
Naples, FL 34108
REQUESTED ACTION:
AGENT:
Mr. D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
To have the Collier County Planning Commission (CCPC) consider an application for the
establishment of a Conditional Use to allow a retail store in excess of 5,000 square feet within
the C -3 Zoning District pursuant to Section 2.03.03.C.1.c.17 of the Collier County Land
Development Code (LDC).
GEOGRAPHIC LOCATION:
The subject 0.93± acre parcel is located at 9465 Tamiami Trail North (U.S. 41), at the southwest
corner of the intersection of Tamiami Trail North (US 41) and 95th Avenue North, in Section 33,
Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on the
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject C -3 property was previously developed in 2005 with a 2- story, 12.200 square foot
building. The building originally had a retail bank on the ground floor and offices on the second
floor along with under the building and surface parking areas. These uses are permitted in the C-
3 zoning district without a maximum floor area limitation. Conversely, the proposed retail use
requires conditional use approval in order to exceed the maximum floor area limit of 5,000
square feet.
CU -PI 90130001108, MILAN CENTER
Page 1 of 9
July 8, 2013
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Al—N, The applicant proposes to enclose a 2,800± square foot under building parking area, expanding
the floor area to 14,994± square feet to accommodate a furniture store. The purpose of this
petition is to obtain a Conditional Use approval in excess of the 5,000 square feet of gross floor
area limit to permit 14,994± square feet of retail uses including a furniture store as allowed by
the Conditional Use section of the LDC:
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 0.93± acre site is located at the southwest corner of the
intersection of Tamiami Trail North (US 41) and 95`x' Avenue North. The subject site is
currently developed with a 2 -story bank and offices along with related parking areas. To the
north of the site are C -3 zoned developed commercial land uses; to the east is Tamiami Trail
North (US 41) and then Pelican Marsh PUD (Planned Unit Development); to the south is C -3
zoned development with commercial land uses and a single - family residence, and to the west is
a single - family residence that is zoned RMF -6.
The Conceptual Site Plan depicts the 14,994± square foot building and related parking area. The
existing parking area has ample parking to support the proposed furniture store use. (There are
43 existing surface parking spaces; 27 parking spaces are required for the furniture store use.)
However, should the subject building be used for a retail use that might require additional
parking, that parking may be sought through an Administrative Parking Reduction or through a
Parking Exemption.
The Site Plan also shows an existing 15 -foot wide Type D landscape buffer along Tamiami Trail
North (US 41), an existing 10 -foot wide Type D landscape buffer along 95u' Avenue North, an
existing 10 -foot wide Type A landscape buffer along the south property line adjacent to the
commercial area, and an existing 15 -foot wide Type B landscape buffer adjacent to the
residential property. Along the west property line adjacent to the single - family residence is an
existing 15 -foot wide Type B landscape buffer with a 6 -foot high wall.
Staff is recommending approval of this Conditional Use subject to the following Condition of
Approval:
This Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
To date, no letters of objection or support have been received.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL: Developed with a 12,200-± square foot bank and office building in
the C -3 (Commercial Intermediate) zoning district
CU- PL20130001108, MILAN CENTER
July 8, 2013
Page 4 of 9
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9/24/2013 17.C.
SURROUNDING:
North: 95th Avenue North, then retail with a zoning designation of C -3
(Commercial Intermediate) zoning district.
East: Tamiami Trail North (US 41), a 6 -lane major arterial road and then
a PUD with a zoning designation of Pelican Marsh PUD
South: Retail and a single - family residence with a zoning designation of
C -3 (Commercial Intermediate) zoning district
West: Single - family residence with a zoning designation of RMF -6
(Residential Multiple - Family District 6)
Aerial
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCE:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban Mixed
Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the
Growth Management Plan. Relevant to this petition, FLUE Policy 5.9 provides that property
zoned prior to the adoption of the Plan and found to be consistent through the Zoning Re-
evaluation Program as "improved property" is consistent with the Growth Management Plan and
designated on the Future Land Use Map series as properties Consistent by Policy. The subject
property is one such "improved property." Accordingly, the property may be developed or
redeveloped per the existing C -3 zoning.
CU- PL20130001108, MILAN CENTER
July 8, 2013
Page 5 of 9
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9/24/2013 17.C.
Transportation Element: The Transportation Planning staff has reviewed the petitioner's
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.
US -41 (Tamiami Trail North) Impacts:
The first link that is impacted by this project is Link 100.0, US -41 (Tamiami Trail North) from
Vanderbilt Beach Road to Immokalee Road (CR 848). The project generates 7 net new
directional p.m. peak hour, peak direction trips, which represents a 0.2 percent impact. This
segment of US -41 (Tamiami Trail North) currently has a remaining capacity of 861 trips, and is
currently at LOS "C" (Level of Service "C ") as reflected by the 2012 AUIR (Annual Urban
Inventory and Review).
No subsequent links beyond this segment of Tamiami Trail North are significantly impacted by
this project.
Based on the above analysis, staff finds the requested conditional uses consistent with the Future
Land Use Element of the Growth Management Plan.
ANALYSIS:
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 will be met; and 3) satisfactory provisions have been made
concerning the following matters, where applicable:
1. Section 2.03.03 C.I.c. of the LDC permits Conditional Uses in the Commercial
Intermediate (C -3) zoning district.
The requested use for Conditional Use Number 17 of the Commercial Intermediate (C -3)
Zoning District, as provided in Section 2.03.03 C.l.c. of the Collier County Land
Development Code (LDC), to permit personal services, video rental or retail uses with more
than 5,000 gross floor area as a conditional use in the Commercial Intermediate (C -3) zoning
district, is subject to the standards and procedures established in section 10.08.00,
"Conditional Uses Procedures," of the LDC.
2. 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).
CU- PL20130001108, MILAN CENTER
July 8, 2013
Page 6 of 9
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9/24/2013 17.C.
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.
Existing vehicular ingress and egress to the subject property is provided by two points
located along 95th Avenue North. There is a sidewalk along Tamiami Trail North (US 41)
and 95th Avenue North.
4. 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 a retail shopping center to the north and south, a single -
family residence to the west, and a 6 -lane arterial road to the east. There is an existing 6 -foot
high concrete wall separating the subject commercial land use from the residential land uses
to the west. The Conditional Use, as proposed, should not have an adverse impact on the
neighboring commercial and residential properties in relation to noise, glare, economic or
odor effects.
5. Compatibility with adjacent properties and other property in the district.
If the proposed Condition of Approval is adopted, the proposed retail land use 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
major 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 July 2, 2013, at approximately 5:30
p.m. at the Milan Center, 9465 Tamiami Trail North, Naples, Florida. Three people along with
the applicant and County Staff attended the meeting. For further information, please see the
NIM Minutes (Attachment B).
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for CU- PL20130001108 revised on
July 9, 2013.
CU- PL20130001108, MILAN CENTER
July 9, 2013
Page 7 of 9
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9/24/2013 17.C.
n RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU-
PL20130001108 to the Board of Zoning Appeals (BZA) with a recommendation of approval
subject to the following condition:
1. This Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
CU- PL20130001108, MILAN CENTER
July 8, 2013
Page 8 of 9
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9/24/2013 17.C.
PREPARED BY:
Natkk
t `l
NANCY G PRINCIPAL PLANNER D TE'
GROWTH MANAGEMENT DIVISION
REVIEWED BY:
RAY ND V. BELLOWS, ZONING MANAGER DATE
GROWTH MANAGEMENT DIVISION
7-1- ( 3
MICHAEL BOSI, AICP, DIRECTOR DATE
GROWTH MANAGEMENT DIVISION
APPROVED BY:
NICK CASALANC 7 , A. INISTRATOR DATE
GROWTH MAN MENT DIVISION
Attachments:
Attachment A: Resolution
Attachment B: NIM Minutes
Attachment C: Letter regarding Landscaping and other Property Improvements
Tentatively scheduled for the September 24, 2013, Board of County Commissioners Meeting
CU- PL20130001108, MILAN CENTER
July 9, 2013
Page 9 of 9
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9/24/2013 17.C.
RESOLUTION 13-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RETAIL
STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3
ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.1.c.17 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF 95TH AVE. N. AND
U.S. 41 IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [CU- PL20130001108]
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, 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
a retail store in excess of 5,000 square feet within the C -3 Zoning District pursuant to Section
2.03.03.C.1.c.17 of the 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 CU- PL20130001108 filed by D. Wayne Arnold of Q. Grady Minor &
Associates, P.A., representing Milan 34108, LLC with respect to the property hereinafter
described in Exhibit A, is hereby approved for the establishment of a Conditional Use pursuant
to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code in the C -3 Zoning
District 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 by reference herein.
Milan Center \CU- PL20130001108 Page 1 of 2
Rev. 8/1/13
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9/24/2013 17.C.
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
2013.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
LIM
GEORGIA A. HILLER, ESQ.
Chairwoman
Attachments: Exhibit A — Legal Description
Exhibit B — Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\ 13- CPS -01231 \42
Milan Center \CU- PL20130001108 Page 2 of 2
Rev. 8/1/13
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9/24/2013 17.C.
* *+ OR 4539 PG 529 * *+
Lots 1 through 6, Inclusive and lots 47 through 50, Inclusive, Block 57, UNIT NO. S NAPLES
PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 14, of the Public
Records of CoMw County, Florida.
now known as
All lands of MILAN CENTER, a
thereof, as recorded In Official
amendments thereof, of the Pu
We
Unit 101, Unit 102, Unit 103,
CENTER, a Condominium, ;
In Official Records Book 42
1335005 \42 - Y 158/63 v2
the Declaration of Condominium
4580. and ag exhibits and
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Unit 205, of MILAN
lum thereof, as recorded
)filer County, Florida.
9/24/2013 17.C.
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CONDITIONS OF APPROVAL
FOR
CU- PL20130001108
1. The Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
2. The maximum retail square footage available for any use shall be based on the
LDC parking requirement for the on -site retail use. The property owner
acknowledges that 100% of the building may not be available for all retail uses
unless parking is made available via off -site parking or parking exemptions as
identified in Section 4.05.00 of the LDC.
Milan Center \ CU- PL20 1 3000 1 108
Rev. 8/01/13
EXHIBIT C
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Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
APPLICATION FOR PUBLIC HEARING FOR
CONDITIONAL USE
PETITION NO (PL)
PROJECT NAME To be completed by staff
DATE PROCESSED
APPLICANT INFORMATION
NAME OF APPLICANT(S) Milan 34108 LLC
ADDRESS 1033 Spanish Moss Tr CITY Naples STATE FL
TELEPHONE # 239.596.7273 CELL #
E -MAIL eastindies @aoi.com
n 1Alnanc Ornnlri AI('P
NAME OF AGEIV I • ""y , •� , •�•,�
FIRM Q. Grady Minor and Associates, P.A.
ADDRESS 3800 Via Del Rey
FAX #
9/24/2013 17.C.
ZIP 34108
CITY Bonita Springs STATE FL ZIP 34134
TELEPHONE # 239.947.1144 CELL #
E -MAIL Warnoid @gradyminor.com
FAX # 239.947.0375
October 13, 2010
Packet Page -3553-
9/24/2013 17.C.
Ci .er Cmnty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.col lierpov.net
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the
Board of County Commissioner's website at http: ljwww.colliergov.net/index.aspx ?page =774
NAME OF HOMEOWNER ASSOCIATION: Naples Park Area Association
MAILING ADDRESS 591 109th Ave N CITY Naples STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: Property Owners of Naples Park
MAILING ADDRESS 800 104th Ave N CITY Naples STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
CITY
STATE ZIP
STATE ZIP
CITY STATE ZIP
Packet Page -3554-
9/24/2013 17.C.
Co per Conn, tv
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary).
C.
% of
Name and Address Ownership
N.A.
If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
of
Ownership
Milan 34108, LLC, 1033 Spanish Moss Trail, Naples, FL 34108
Edgar West, Managing Member
50
Tiffany West, Managing Member
50
If the property is in the name of a TRUSTEE, list the beneficiaries of the
trust with the percentage of interest.
% of
Name and Address Ownership
N.A.
Packet Page -3555-
October 13; 2010
9/24/2013 17.C.
Ca Iler County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.col liemov.net
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
e name of-the general nd or i i ed pa-rt ers. - --
% of
Name and Address Ownership
N.A.
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,
a Corporation, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, stockholders, beneficiaries, or
partners.
% of
Name and Address Ownership
N.A.
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list
all individuals or officers, if a corporation, partnership, or trust.
Name and Address
N.A.
October 13, 2010
Packet Page -3556-
9/24/2013 17.C.
0,0 er Cnunty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.coIIieggov.net
g. Date subject property acquired June 26, 2013 leased ❑ Term of
- ease yrs. mos. - -
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date:
or
h. Should any changes of ownership or changes in contracts for purchase
occur subsequent to the date of application, but prior to the date of the
final public hearing, it is the responsibility of the applicant, or agent on his
behalf, to submit a supplemental disclosure of interest form.
PROPERTY .LOCATION
Detailed legal description of the property covered by the application: (if space is
inadequate, attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for property involved in each
district. Applicant shall submit tour (4) copies of a recent survey (completed within
the last six months, maximum 1" to 400' scale) if required to do so at the pre -
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section/Township /Range 33 /48 /25
Lot: 1.5,47_50 Block: 57 Subdivision: Unit No. 5 Naples Park
Plat Book 3 Page #: 14 Property I.D. #: See Exhibit 1
Metes & Bounds Description:
SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. Acres D.93 +i_
ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 9465 Tamiami Trail N
Southwest comer of 95th Ave N and U.S. 41.
Packet Page -3557-
n
Property s:
60155007024
60155007040
60155007066
60155007082
60155007105
60155007121
60155007147
60155007163
Milan Center Conditional Use
Exhibit 1
Property Location
Packet Page -3558-
9/24/2013 W.C.
9/24/2013 17.C.
Co ierr County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
ADJACENT ZONING AND LAND USE
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (if
space is inadequate, attach on separate page).
Section/Township /Range
Lot: Block: Subdivision:
Plat Book Page #:
Metes & Bounds Description:
Property I.D. #:
CONDITIONAL USE REQUEST DETAIL
Type of Conditional Use:
This application is requesting a conditional use allowed per LDC Section 2.04.03 of the
C -3 zoning district for Retail exceeding 5,000 S.F. (type of use).
Present Use of the Property: Bank Operations Center
October 13, 2010
Packet Page -3559-
Zoning
Land Use
N
C -3
95th Ave N ROW, Naples Vending, retail center and residential
S
C -3
Tuffy Auto Center, kitchen and bath store and residential
E
PUD
U.S. 41 ROW and Pelican Marsh DRI /PUD (residential)
W
RMF-6
Residential
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (if
space is inadequate, attach on separate page).
Section/Township /Range
Lot: Block: Subdivision:
Plat Book Page #:
Metes & Bounds Description:
Property I.D. #:
CONDITIONAL USE REQUEST DETAIL
Type of Conditional Use:
This application is requesting a conditional use allowed per LDC Section 2.04.03 of the
C -3 zoning district for Retail exceeding 5,000 S.F. (type of use).
Present Use of the Property: Bank Operations Center
October 13, 2010
Packet Page -3559-
9/24/2013 17.C.
Co per County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
Evaluation Criteria: Provide a narrative statement describing this request for conditional
use.
NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's
recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to each of the
criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent with
the applicable section or portions of the future land use element):
See Exhibit 2 - Evaluation Criteria
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fire or
catastrophe:
See Exhibit 2 - Evaluation Criteria
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
See Exhibit 2 - Evaluation Criteria
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
See Exhibit 2 - Evaluation Criteria
e. Please provide any additional information which you may feel is relevant to this request.
See Exhibit 2 - Evaluation Criteria
Packet Page -3560-
9/24/2013 17.C.
Milan Center Conditional Use
Exhibit 2
Evaluation Criteria
Provide a narrative statement describing this request for conditional use.
The subject property is zoned C -3 and is developed with a 12,200± square foot two -story
building. The building was originally approved in 2005 as the Milan Center with retail on the
ground floor and general offices on the second story. The ground floor is approximately
4,720± square feet and the applicant proposes to relocate an existing furniture store to this
location, and desires to make ground floor building improvements to enclose an existing
covered parking area of approximately 2,800± square feet and to allow for the second story to
be utilized for retail use. The C -3 zoning district does not permit retail uses to exceed 5,000
square feet without obtaining a conditional use. The building after the proposed
improvements will be approximately 14,800± square feet. This request is to permit
Conditional Use #17 of the C -3 zoning district, which would allow the retail use to exceed
5,000 square feet on the subject property.
Use of the existing building for retail sales is consistent with the Future Land Use Element of
the Growth Management Plan, and expansion of the retail use for home furnishing sales to
the second floor of the existing building will have no impact on nearby residential properties.
Access to the site will remain in the current locations, and all parking and site improvements
are in place to serve the use. A 6' high concrete wall exists as part of the landscape buffer
between the site and adjacent residentially developed
properties. The applicant will be
conducting a neighborhood information meeting as part of the Conditional Use review in
which public notice will be provided to surrounding property owners and any homeowner
a' >;vC.ia uviiw.
a. Describe how the project is consistent with the Collier County Land Development Code and
Growth Management Plan (include information on how the request is consistent with the
applicable section or portions of the future land use element):
The subject property is zoned C -3, and per Section 2.03.03.C.1.c of the LDC, retail uses
(excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the
principal structure are permitted conditional uses ( #17). The property is designated Urban
Residential on the Future Land Use Map; however the property is deemed consistent with
the Future Land Use Element based on prior determinations through the County's zoning
re- evaluation program. The Future Land Use Element indicates that retail activities uses
are permitted consistent with the existing zoning, therefore, the proposed use is
consistent with the Growth Management Plan.
b. Describe the existing or planned means of ingress and egress to the property and proposed
structure thereon with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe:
Ingress and egress to the overall site exists from 95`h Avenue North and will remain in the
existing locations. 10-11,
Page 1 of 2
Packet Page -3561-
9/24/2013 17.C.
C. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
The uses should have no impact on neighboring properties. The proposed use is for retail
uses, including a furniture store and design services. These uses are permitted uses in the
%--3 �WIIIIIS �IaLliut. All seivices occur inteinally and genel dte fewe, vehicle hi[Jb than to ie
prior bank operations center use or general retail uses.
d. Describe the sites and the proposed use's compatibility with adjacent properties and other
properties in the district:
The site and proposed retail use is compatible with adjacent properties. Properties
fronting U.S. 41 to the north and south are also zoned C -3 and contain retail and service
uses. One residential property which is zoned RMF -6 is located immediately west of the
subject site. A 6' high concrete wall and landscape buffer separate the residential use
from the existing commercial site, which is consistent with the buffering requirements
between the two uses. The property was developed for retail tenants on the ground
floor, and the applicant wishes to make building improvements to support retail use
throughout the building. The applicant owns a retail patio and furniture store which is
intended to be the principal occupant of the building. The vehicular traffic associated with
a furniture store is substantially less than that for general retail uses or the bank
operations center use which has most recently occupied the subject site. The parking
areas are sufficient for the proposed retail use.
e. Please provide any additional information which you may feel is relevant to this request.
TL_ rte_... -i.. /�_.y L__ L_J J:.. _..- ... _.- 1_a'. -.- L.. C.... a�N
r ne county wmmission nas naa recent ai�cussiun �eia�in� iu t ieq'iiiPen`reni ivr Pecan
uses exceeding 5,000 square feet to be approved as Conditional Uses and directed staff to
evaluate this to determine whether the requirement for a conditional use should be
eliminated for retail uses. Furthermore, the original intent of the conditional use
requirement for commercial uses exceeding 5,000 square feet was to prevent, without
input, the development of "corporate" big box retail. The subject property was originally
developed as a combination retail and office building and was locally designed meeting
the Collier County architectural standards. The building improvements contemplated for
the first floor will not significantly change any architectural elements of the building
fagade, nor change the character of the building.
Page 2 of 2
Packet Page -3562-
9/24/2013 17.C.
C er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
Official Interpretations or Zoning Verifications: To your knowledge, has there been an
official interpretation or zoning verification rendered on this property within the last year?
❑ Yes W No if so please provide copies.
Additional Submittal requirements: In addition to this completed application, the following
must be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre - application meeting.
a. A copy of the pre - application meeting notes;
b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8'h" x 11" copy
of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following
rA,4Ai +'r`r,nl --;aS _f +hn -12- _ hn rr�r���e�r +�rl nr.n �rv�r+h +'nn ..f n+nff n6.� +'nn f-
[�uuuivi iai %uN�w vi a �c Nia1 i i iay uc i cyucaicu uNui Cui iNicuui ui a►ai i cva�uatlui i iui
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAB), or CCPC];
• all existing and proposed structures and the dimensions thereof,
•
.provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
• all existing and /or proposed parking and loading areas [include matrix
indicating required and provided parking and loading, including required
parking for the disabled],
• locations of solid waste (refuse) containers and service function areas,
• required yards, open space and preserve areas,
• proposed locations for utilities (as well as location of existing utility services to
the site),
• proposed and/or existing landscaping and buffering as may be required by the
County,
• location of all signs and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
October 13, 2010
Packet Page -3563-
9/24/2013 17.C.
C r C014nty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.coll iemov.net
c. An Envilurillielital Impact Statement (EIS), as mylahed by Section 3.8. of the Land
Development Code (LDC).
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall be
submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting.
For TIS Guidelines and Procedures, please refer to the following link:
http: / /www.colliergov.net/index.aspx ?paqe =566 .
For additional questions, contact John Podczerwinky, 239 - 252 -8192
g. A historical and archeological survey or waiver application if property is located within an
area of historical or archaeological probability (as identified at pre - application meeting);
h. Fees: Reference Pre -app notes for required fees and verify actual costs in current fee
schedule
Any additional requirements as may be applicable to specific conditional uses and
identified during the pre - application meeting, including but not limited to any required
state or federal permits.
BE ADVISED THAT SECTION 10.03.05.6.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN
APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE
BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM,
PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense
shall record in the Public Records of Collier County a Memorandum of Understanding of Developer
Commitments or Notice of Developer Commitments that contains the legal description of the property
that is the subject of the land use petition and contains each and every commitment of the owner or
developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the
County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the
October 13, 2010
Packet Page -3564-
9/24/2013 17.C.
Cor County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
rON-DiT[ONAI I ISE
(CU) APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE
EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED
Packet Page -3565-
# OF
NOT
REQUIREMENTS
COPIES
REQUIRED
REQUIRED
STANDARD REQUIREMENTS:
Cover letter briefly explaining the project
0
✓0
❑
Application (completed & signed) (download from website for
❑
F71
El
form)
*Additional set if located in the Bayshore /Gateway Triangle
❑
0✓
Redevelopment Area)
1
Addressing Checklist signed by Addressing
1
❑✓
Conceptual Site Plan 24" X 36° plus (one 8 Y2 X 1 1 copy)
0✓
❑
Copies of Warranty Deed(s)
3
✓
❑
Completed Owner /Agent Affidavits, Notarized
1
WI
n
Environmental Impact Statement (EIS), and digital /electronic
❑
0
copy of EIS or exemption justification
3
Aerial photographs (taken within the previous 12 months min.
5
scaled 1"=200'), showing FLUCCS Codes, Legend, and project
❑
0
boundary
Statement of utility provisions (with all required attachments &
1
❑
a
sketches)
Traffic Impact Statement (TIS), or waiver. For TIS guidelines &
7
❑
21
procedures, refer to hftp://www.collie[gov.net/index.aspx?paggL566 _
Historical and Archeological Survey, or waiver
4
✓
Copies of State and /or Federal Permits
❑
✓
Architectural Rendering of Proposed Structure(s)
4
❑
❑✓
Electronic copy of all documents and plans (CDROM or
2
❑
El
Boundary Survey
3
21
0
Affordable Housing or Economic :Development: Council
Pro ects:
❑ EDC "Fast Track" must submit approved copy of official
2
application
"Expedited"
El
R1
Affordable Housing must submit copy of signed
Certificate of Agreement.
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9/24/2013 17.C.
26D Wednesday, September 4, 2013 S N A P L E S D A I LY N E W S
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,
Se tember 24, 2013, in the Boardroom, Third Floor, Administration Building,
Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The
meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COWER COUNTY,
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW A RETAIL STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3
ZONING DISTRICT PURSUANT TO SECTION 2.03.03:C.1.c.17 OF THE COLLIER
COUNTY LAND .DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN SECTION 33, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA.
(CU- PL20130001108, MILAN CENTER)
A copy of the proposed Resolution is on file and available for public inspection in
the Collier County Clerk's Office, 4th floor, Administration Building, Suite 401,
Naples, Florida
NOTE: All Persons wishing to speak on any agenda item must register with the
County Administrator Prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The -selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by -the Chair, .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 material used in presentations before the Board .
will become a permanent part of the record.
Any person who decides to appeal a 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
.part,c,pate 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, Building W, Naples, Florida 34112;
(239)252 -8380. Assisted listening devices for the hearing impaired are available in
,the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Cont. —K—n *)nlz No 1999390
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