Backup Documents 12/11/2018 Item # 8A 8
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display AO. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements
annex-
Originating Dept/Div: GMD/Zoning Person:John Kelly Planner
Date:November 14,2018
Petition No. (If none.give a brief description): PL20180002265
Petitioner:(Name&Address):
Anna Mae Weaver
4365 Radio Road
Suite 201
Naples. FL 34104
Name&Address of any person(s)to be notified by the Clerk's office:
(if more space is needed,attach separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,December 11,2018,
(Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used:(Complete only if important).
xxx Naples Daily News Account#068779 Other Legally Required
Purchase Order No.4500190197
Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section
Companion petition(s),if any&proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs:
131-138326-649100-00000
Reviewed By:
! o Date:: i r
Division gdtninistrator or Designee
List Attachments
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for
same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file:to Requesting Division Original
B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file.
FOR CLERK'S OFFICE dry 1
Date Received �� –M Date of Public Hearing I t 18 Date Advertised I —a d�– p 8
8 A
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on
December 11, 2018, in the Board of County Commissioners meeting room, third floor, Collier Government Center,
3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a
County Resolution. 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,AFFIRMING A
ZONING VERIFICATION LETTER ISSUED BY THE PLANNING AND ZONING DEPARTMENT PURSUANT
TO LDC SECTION 10.02.06 J.l.b, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES
OF A VETERINARY CLINIC (SIC CODE 0742), EXCLUDING OUTDOOR KENNELING, AND DOG
GROOMING(SIC 0752)ARE COMPARABLE AND COMPATIBLE IN NATURE TO OTHER PERMITTED USES
FOR COMMERCIAL DEVELOPMENT IN THE MIXED-USE AREAS OF THE VANDERBILT COMMONS
PLANNED UNIT DEVELOPMENT,ORDINANCE NO. 2005-19,AS AMENDED. THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY 1/4 MILE WEST
OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20180002265]
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 inclu&s 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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least
two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By: /s/Patricia Morgan
Deputy Clerk(SEAL)
8 A
RESOLUTION NO.18-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, AFFIRMING A ZONING VERIFICATION LETTER
ISSUED BY THE PLANNING AND ZONING DEPARTMENT PURSUANT
TO LDC SECTION 10.02.06 J.1.b, IN WHICH COUNTY STAFF
DETERMINED THAT THE PROPOSED USES OF A VETERINARY
CLINIC (SIC CODE 0742), EXCLUDING OUTDOOR KENNELING, AND
DOG GROOMING (SIC 0752)ARE COMPARABLE AND COMPATIBLE IN
NATURE TO OTHER PERMITTED USES FOR COMMERCIAL
DEVELOPMENT IN THE MIXED-USE AREAS OF THE VANDERBILT
COMMONS PLANNED UNIT DEVELOPMENT, ORDINANCE NO.2005-19,
AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY
'/, MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20180002265]
WHEREAS,the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on
all counties in Florida 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 (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County,among which is the rezoning of land to Planned Unit Development(PUD);and
WHEREAS,by Ordinance 05-19,as amended by Ordinance 17-47,the Board of County Commissioners
of Collier County approved a Mixed Use Planned Unit Development (MPUD) known as the Vanderbilt
Commons MPUD for the subject property;and
WHEREAS, Section 3.3.A of the Vanderbilt Commons MPUD provides for certain permitted uses,
including Subsection 3.3.A.26,"Any other use which is comparable and compatible in nature with the foregoing
list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of
Zoning Appeals(BZA)";and
WHEREAS,the Petitioner,Derek Burr,AICP,of Davidson Engineering,Inc.,on behalf of the property
owner,Vanderbilt Commons I Land Trust dated August 1,2016,requested a determination as to the property
described in Exhibit "A" that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog
grooming business (SIC 0752),are comparable and compatible use to the permitted uses of the business district
area of the MPUD;and
WHEREAS, the PUD permits uses such as pet stores (SIC 5999), physicians and other health
professionals(SIC 8011-8049 and 8082),and beauty shops(SIC 7237);and
WHEREAS, the Growth Management Department Zoning Manager has determined that a veterinary
clinic, excluding outdoor kenneling, (SIC 0742)and a dog grooming business(SIC 0752)are comparable and
compatible permitted uses within the Mixed Use Area of the PUD by Zoning Verification letter dated
September 27,2018,attached as Exhibit"B";and
WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of
[18-CPS-0 1 799/1 442 5 1 0/1]80
Vanderbilt Commons/CUD-PL20180002265 Pae ] of 2
10/29/18 g
WA—
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, and a dog grooming business, are
comparable and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD according to
Section 3.3.A.26 of the MPUD;and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the Land
Development Code and by Section 3.3.A.26 of Ordinance 2005-19, as amended, and has held a public
hearing with due notice made, and all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered granting the request by Vanderbilt
Commons I Trust c/o Welsh Companies FL, Inc.,as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA,that as to the property described in Exhibit"A":
The Zoning Verification letter dated September 27, 2018 is affirmed; and a veterinary clinic,
excluding outdoor kenneling, and a dog grooming business, are comparable and compatible uses within
the Mixed Use area of the Vanderbilt Commons MPUD according to Section 3.3.A.26 of the MPUD,
subject to the following conditions:
(a) Issuance of a development permit by a county does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not create any liability
on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation
of state or federal law; and
(b) All other applicable state or federal permits must be obtained before commencement of
the development.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted upon majority vote,this day of ,2018.
ATTEST: BOARD OF ZONING APPEALS
CRYSTAL KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
Ar' t
Heidi Ashton-Cicko 'L L
Managing Assistant County Attorney
Attachment: Exhibit A–Legal Description
Exhibit B–Zoning Verification Letter
[I8-CPS-01799/1442510/1180
Vanderbilt Commons/CUD-PL20180002265 Page 2 of 2
10/29/18
-
BA
Exhibit A
Legal Description
VANDERBILT COMMONS LOT 1, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID#: 79271800086 (A.K.A XXX. Vanderbilt Way)
And
VANDERBILT COMMONS LOT 2, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID#79271800109 (A.K.A XXX. Vanderbilt Way)
II
Colfit-r Catinty
Growth Management Department
Zoning Services Section
September 27,2018
Derek Burr,AICP—Senior Planner
Davidson Engineering,Inc.
4365 Radio Road,Suite 201
Naples,Florida 34104
Re: Zoning Verification Letter ZLTR (CUD)-PL20180002265; Zoning Verification Letter —
Comparable Use Determination for 7211 Vanderbilt Beach Road, Building 1; AKA: Vanderbilt
Commons, Lots 1 and 2, in Section 34, Township 48 South, Range 26 East, of unincorporated Collier
County,Florida. Property ID/Folio Number:79271800086.
Dear Mr.Burr:
This letter is in response to a Comparable Use Dcte minution (CUD) Application that you submitted on
the behalf of your client, Vanderbilt Commons I Trust do Welsh Companies FL, Inc. You specifically
seek a determination from the Planning Manager and approval of said determination from the Board of
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming
business (SIC 0752) are allowable permitted uses at the above location;the former to be in Unit 13 and
the latter in Unit 1 1. The applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.3
of the Collier County Land Development Code(LDC),Ordinance 04-41,as amended.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land
Development Code(LDC), Ordinance 04-41,as amended.The current Official Zoning Atlas, an element
of the LDC, reveals the subject property has a zoning designation of Mixed Use Planned Unit
Development(MPUD), more specifically the Vanderbilt Commons MPUD, as established by Ordinance
2005-19, as amended, which serves as the primary zoning document. The subject property is further
located within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict as identified on the Future
Land Use Map (FLUM) and described in the Future Land Use Element (FLUE) of the Growth
Management Plan(GMP).The FLUE permits commercial and residential land uses in this area;however,
specifically prohibits gas stations, convenience stores with gas pumps, fast food restaurants with drive
through lanes, and tire stores within the 14.49-acre expansion area that comprises this MPUD;
consequently,said uses are listed as prohibited within Section 3.4 of the PUD.
Section 1.6 of the MPUD reveals the project is comprised of a mixture of commercial and residential
uses. Commercial and residential land uses and signage are designed to be harmonious with one another
in a natural setting by using common architecture, quality screening/buffering, and native vegetation,
whenever feasible. Section 2.3.A of the MPUD states that the project is intended to create a pedestrian-
friendly atmosphere that encourages area residents to work and shop there and for on-site workers to walk
to other services.In addition,the MPUD Master Plan depicts the subject property.
The subject property comprises +/-3.1 acres and as per the MPUD's Master Plan is located within the
"South Tract"and is within an area dedicated"Mixed Use Area"which is intended to provide a variety of
w
Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit B
8 A
Zoning Verification Letter
ZLTR(CUD)-PL20180002265
Page 2 of3
retail and office uses. Allowable commercial principal uses within the Mixed Use Area are listed in
Section 3.3.A. of the PUD document. The requested SIC classifications are not specifically listed;
however, listed use #26 reads: "Any other use which is comparable and compatible in nature with the
foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by
the Board of Zoning Appeals (BZA).Prior to the approval of any uses, the applicant shall provide public
notice in addition to an advertisement for the hearing which shall include a neighborhood information
meeting, mailings and signage in the same manner as that required for substantial amendments to a
Planned Unit Development."
Section 10.02.06.J.1.b. of the LDC states that the County Manager or designee may issue a zoning
verification letter to determine whether a use within a PUD is consistent and compatible with the
surrounding uses within the PUD.To be effective, said zoning verification letter shall be approved by the
Board of County Commissioners by resolution at an advertised public hearing.
Section 2.2.A. of the PUD document states: "Regulations for development of the Vanderbilt Commons
Mixed Use PUD shall be in accordance with the contents of this document, MPUD-Mixed Use Planned
Unit Development District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply,"
You have provided a justification statement in which you have determined that the allowable principal
uses within the subject MPUD are most similar to those of the County's C-3 and C-4 base zoning
districts. The LDC reveals that veterinary clinics,excluding outdoor kenneling,(SIC 0742)are allowable
as a Conditional Use within the C-1 zoning district and as permitted uses within the C-2 through C-5
zoning districts; dog grooming (SIC 0752) is allowable as a permitted use within the C-3 through C-5
zoning districts. With respect to comparability, you assert that as the proposed uses are allowable within
the C-3 zoning district they are less intense than several of the enumerated allowable uses requiring a C-4
zoning. Staff notes for several of the enumerated uses the escalation to C-4 zoning is a result of a
restriction on internal area of 5,000 square feet or less for which there is no similar restriction noted
within the MPUD. Additionally, you contend that the business and operational characteristics of a
veterinary clinic,without outdoor kenneling, is similar to that of physicians and other health professionals
(SIC 8011-8049 and 8082)and that a dog groomer operates similarly to a beauty shop(SIC 7237)which
are allowable uses within the subject MPUD. Lastly, with respect to allowable uses, staff offers that pet
stores (SIC 5999) are permitted principal uses within this MPUD and that several of the larger pet store
franchises offer similar services and/or provide space to veterinarians and/or groomers as accessory uses
within the confines of said stores.
Additionally, you provided a detailed Traffic Impact Analysis undertaken by Trebilcock Consulting
Solutions, PA. Said traffic analysis is primarily based upon evaluating a veterinary use against a generic
shopping center use and concludes that,from a traffic stand point,a veterinary clinic results in fewer total
trips and is therefore favorable. With respect to dog grooming, the consultant was unable to locate a
specific Land Use Code (LUC)for same, however asserts that as veterinary clinics can offer grooming
services as an accessory use that using the same T.UC for both proposed business types result in yet fewer
total trips. Staff notes that the subject property was developed as and satisfies the LDC's definition of a
Shopping Center; see Site Development Plan (SDP-PL20160001076). As per LDC Section 4.05.04 G.
Table 17—Parking space requirements—required parking within shopping centers not having significant
cinema/theater seating capacity is based upon a standard ratio of 1 space per 250 square feet of gross floor
area without regard to use with exception to restaurants which cannot exceed 20%of the shopping centers
floor area without providing for additional parking.
Staff's analysis concludes that the business and operational characteristics of both the proposed veterinary
clinic and the proposed dog groomer and comparable and compatible to those uses enumerated within the
8
Zoning Verification Leiter
ZLTR(CUD)-PL20180002265
Page 3 of 3
Mixed Use development area of the subject MPUD. Staff further finds that the subject application and
opinion are consistent with the GMP,the LDC,and the Vanderbilt Commons MPUD as neither has been
specifically prohibited. Said analysis is based upon the term "compatibility"which is defined in the LDC
as follows: "A condition in which land uses or conditions can coexist in relative proximity to each other
in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition."The term "comparable" is generally defined as having features
in common with something else or having equivalent or similar attributes. "Consistent" pertains to
accuracy and the way such arguments have been made over time. In an effort to promote compatibility,
staff would encourage the applicant to consider creating or repurposing an area to be used as a comfort
area and/or the placement of sanitation stations for the disposal of dog/animal waste.
The Zoning Manager has reviewed the subject application and submittal documents and finds the
argument made to be compelling. Based upon the information contained herein, it has been concluded
that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming business (SIC
0752) are comparable and compatible permitted uses within the Mixed Use Area of the Vanderbilt
Commons MPUD. Subsequent to a Neighborhood Information Meeting, this determination must be
approved by the Board of Zoning Appeals to become valid; you will be notified of a hearing date and
time.
Disclaimer: Issuanee of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law.All other applicable state or federal permits must be obtained before commencement of the
development.
Please be advised that the information presented in this verification letter is based on the Collier County
LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It is also
possible that development of the subject property could be affected by other issues not addressed in this
letter, such as, but not limited to, concurrency related to the provision of adequate public facilities,
environmental impact,and other requirements of the Collier County LDC or related ordinances.
Should you require additional information or have any questions, please do not hesitate to contact me at
(239)252-5719 or e-mail: john.kelly@colliercountyfl.gov.
Researched and prepared by: Reviewed by:
'1(''('' '
,,f4,./A---___ i
J n A.Kelly, Senior Planner Raym n Bellows,Zoning Man�r --
Zoning Services Section Zoning ervices Section
C: GMD-Addressing Section
GMD-PUD Monitoring
8 A
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3315 TAMIAMI TRL E STE 102 Crystal Kinzel- Clerk of Circuit Court P.O.BOX 413044
NAPLES, FL 341 12-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Audito • Custodian of County Funds
November 15, 2018
Anna Mae Weaver
4365 Radio Road, Suite #201
Naples, FL 34104
Re: Petition PL20180002265, Vanderbilt Commons
Dear Petitioner,
Please be advised the above referenced petition will be considered by the Collier
County Board of County Commissioners on Tuesday, December 11, 2018, as
indicated on the enclosed notice.
A legal notice pertaining to the petition will be published in the Naples Daily News
on Wednesday, November 21, 2018.
You are invited to attend this public hearing.
Sincerely,
CRYSTAL KINZEL, CLERK
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.corn Email- Col lierCkrk collierclerk.com
8
Acct. #068779
November 15, 2018
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: PL20180002265
Dear Legals,
Please advertise the above referenced notice Wednesday, November 21, 2018.
Please send the Affidavit of Publication, together with charges involved to this
office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500190197
8 A
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners,as
the Board of Zoning Appeals,on December 11,2018,in the Board of County Commissioners Meeting Room, Third
Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)
will consider the enactment of a County Resolution. 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,AFFIRMING A
ZONING VERIFICATION LETTER ISSUED BY THE PLANNING AND ZONING DEPARTMENT PURSUANT
TO LDC SECTION 10.02.06 J.I.b, IN WHICH COUNTY STAFF DETERMINED THAT THE PROPOSED USES
OF A VETERINARY CLINIC (SIC CODE 0742), EXCLUDING OUTDOOR KENNELING, AND DOG
GROOMING(SIC 0752)ARE COMPARABLE AND COMPATIBLE IN NATURE TO OTHER PERMITTED USES
FOR COMMERCIAL DEVELOPMENT IN THE MIXED-USE AREAS OF THE VANDERBILT COMMONS
PLANNED UNIT DEVELOPMENT,ORDINANCE NO.2005-19,AS AMENDED. THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY'/MILE WEST
OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. [PL20180002265]
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 Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least
two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CHAIRMAN,ANDY SOLIS
CRYSTAL K. KINZEL
CLERK OF THE CIRCUIT COURT& COMPTROLLER
By:Ann Jennejohn
Deputy Clerk(SEAL)
8 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, November 15, 2018 10:17 AM
To: Naples Daily News Legals
Subject: PL20180002265
Attachments: PL20180002265.docx; PL20180002265.doc
Good Morning,
Please advertise the attacked
on Wednesday, November 21, 2018.
Thank you.
Avwt Jennejohn, Sr. Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
2.39-252-8406
1
8 A
Ann P. Jennejohn
From: Legals@naplesnews.com
Sent: Thursday, November 15, 2018 11:53 AM
To: Ann P.Jennejohn
Subject: For your approval Ad: 2166502, NOTICE OF PUBLIC HEARING Notice is h
Attachments: BCCZONINGD-59-2166502-1.pdf
Extervtal Message: Please use caution when opening attachments, clickivtg links, or replying to this
message.
Hi Av<vt,
Attached is the ad proof, please review and let us kvtow if you have any questions.
We vteed an approval in order for the ad to runt ovt the 1st date scheduled.
Deadline: 2pvv for next day publication., except for Sunday/Monday publication., the deadlinte is 4pwt ovt
Friday.
Thavtk you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
Office: 23 9.213.00(01
Legals@vtaplesntews.cowt
vtaplesvtews.cowt
1
• > Ad Proof
? ap1rJatt rwG
Sales Rep:Mereida Cardenas(N9103) Phone: Email:
Insertion Information
Date:11/15/18 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account
Company Name:BCC/ZONING DEPARTMENT rep at .
Ad Id:2166502 P.O.No.:4500190197 Total Cost:$413.52
Contact Name:
Email:Cheri.LaFara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING Notice is h
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 11/21/18 Stop Date:11/21/18
Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class: 16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF PUBLIC HEARING THE SUBJECT PROPERTY IS to the appropriate County
LOCATED ON THE NORTH SIDE staff a minimum of seven CHAIRMAN,ANDY SOLIS
Notice is hereby given that a OF VANDERBILT BEACH ROAD days prior to the public
public hearing will be held by AND APPROXIMATELY 1/4 MILE hearing. All materials used CRYSTAL K.KINZEL
the Collier County Board of WEST OF COLLIER BOULEVARD in presentations before CLERK OF THE CIRCUIT COURT
County Commissioners,as the IN SECTION 34, TOWNSHIP the Board will become a &COMPTROLLER
Board of Zoning Appeals, on 48 SOUTH, RANGE 26 EAST, permanent part of the record.
December11,2018,intheBoard COLLIER COUNTY, FLORIDA. By:Ann Jennejohn
of County Commissioners [PL20180002265] Any person who decides to Deputy Clerk(SEAL)
Meeting Room, Third Floor, appeal any decision of the November 21,2018 No.2166502
Collier Government Center, A copy of the proposed Board will need a record of
3299 East Tamiami Trail, Resolution is on file with the the proceedings pertaining
Naples FL., the Board of Clerk to the Board and is thereto and therefore, may
County Commissioners (BCC) available for inspection. All need to ensure that a verbatim
will consider the enactment interested parties are invited record of the proceedings is
of a County Resolution. The to attend and be heard. made, which record includes
meeting will commence at 9:00 the testimony and evidence
A.M.The title of the proposE NOTE: All persons wishing upon which the appeal is
Resolution is as follows: to speak on any agenda based.
item must register with the
A RESOLUTION OF THE BOARD County manager prior to If you are a person with a
OF ZONING APPEALS OF presentation of the agenda disability who needs any
COLLIER COUNTY, FLORIDA, item to be addressed. accommodation in order to
AFFIRMING A ZONING Individual speakers will be participate in this proceeding,
VERIFICATION LETTER limited to 3 minutes on any you are entitled,at no cost to
ISSUED BY THE PLANNING item. The selection of any you,to the provision of certain
AND ZONING DEPARTMENT individual to speak on behalf assistance. Please contact
PURSUANT TO LDC SECTION of an organization or group is the Collier County Facilities
10.02.06 J.1.b, IN WHICH encouraged. If recognized by Management Division,located
COUNTY STAFF DETERMINED the Chairman,a spokesperson at 3335 Tamiami Trail East,
THAT THE PROPOSED USES for a group or organization Suite 101, Naples, FL 34112-
OF A VETERINARY CLINIC may be allotted 10 minutes to 5356, (239) 252-8380, at least
(SIC CODE 0742), EXCLUDING speak on an item. two days prior to the meeting.
OUTDOOR KENNELING, AND Assisted listening devices
DOG GROOMING (SIC 0752) Persons wishing to have for the hearing impaired
ARE COMPARABLE AND written or graphic materials are available in the Board of
COMPATIBLE IN NATURE TO included in the Board agenda County Commissioners Office.
OTHER PERMITTED USES FOR packets must submit said
COMMERCIAL DEVELOPMENT material a minimum of 3 BOARD OF COUNTY
IN THE MIXED-USE AREAS weeks prior to the respective COMMISSIONERS
OF THE VANDERBILT public hearing. In any case, COLLIER COUNTY,FLORIDA
COMMONS PLANNED UNIT written materials intended
DEVELOPMENT, ORDINANCE to be considered by the
NO. 2005-19, AS AMENDED. Board shall be submitted
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
8
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, November 15, 2018 12:03 PM
To: NeetVirginia; kellyj
Subject: For your approval Ad: 2166502, Vanderbilt Commons
Attachments: BCCZONINGD-59-2166502-1.pdf
Please review the attached for approval.
Thank you.
Ann Jennejohn, Sr. Deputy Clerk
Board Mivtutes & Records Department
Collier County Value Adjustment Board
23 q-252-8406
Original Message
From: Legals@vtaplesvtews.covvt <Legals@vtaplesvtews.covv'>
Sent: Thursday, November 15, 2018 11:53 AM
To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.cowt>
Subject: For your approval Ad: 2166502, NOTICE OF PUBLIC HEARING Notice is h
External Message: Please use caution when opening attachments, clicking links, or replying to this
message.
Hi Ann,
Attached is the ad proof, please review and let us know if you have any questions.
We need an approval in order for the ad to run on the 1st date scheduled.
Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on
Friday.
Thank you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
8 A
Ann P. Jennejohn
From: KellyJohn <John.Kelly@colliercountyfl.gov>
Sent: Thursday, November 15, 2018 1:18 PM
To: Ann P.Jennejohn
Cc: CasanovaAlexandra
Subject: RE: For your approval Ad: 2166502, Vanderbilt Commons
Attachments: BCCZONINGD-59-2166502-1.pdf
Approved... Thank you kindly.
Respectfully,
Johan KeCCy
Senior Planner
Zoning Division-Zoning Services Section
2800 North Horseshoe Drive,Naples Florida 34104
Phone:239.252.5719 Fax:239.252.6363
NOTE:Email Address Has Changed
Email:John.Kelly@colliercountyfl.gov
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
EE Cofer Comity
Growth Management Department
Original Message
From: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.com>
Sent: Thursday, November 15, 2018 12:03 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>
Subject: For your approval Ad: 2166502, Vanderbilt Commons
Please review the attached for approval.
Thank you.
Ann Jennejohn, Sr. Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
239-252-8406
Original Message
From: Legals(a�naplesnews.com <Legalsanaplesnews.com>
Sent: Thursday, November 15, 2018 11:53 AM
To: Ann P. Jennejohn <Ann.Jenneiohn@collierclerk.com>
Subject: For your approval Ad: 2166502, NOTICE OF PUBLIC HEARING Notice is h
1
8
Ann P. Jennejohn
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Monday, November 19, 2018 9:39 AM
To: Ann P.Jennejohn
Cc: VelascoJessica; CasanovaAlexandra; RodriguezWanda
Subject: FW: For your approval Ad: 2166502, Vanderbilt Commons
Attachments: BCCZON I NGD-59-2166502-1.pdf
Ann:
See below.
Pinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (23q) 2S2-80(0(0 - Fax (239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do vtot wavtt your e-wtail address released
in response to a public records request, do vtot send electronic vvtail to this entity. Instead, contact this
office by telephone or in. writing.
Original Message
From: AshtovtHeidi
Sevtt: Monday, November 19, 2018 q:38 AM
To: NeetVirgivtia <Virgivtia.Neet@collie rcouvttyfl.gov>
Cc: RodriguezWavtda <Wavtda.Rodriguez@colliercouvttyfl.gov>; CrotteauKatlnyvtell
<Kathyvtell.Crotteau@coil iercouvttyfl.gov>
Subject: FW: For your approval Ad: 2166502, Vanderbilt Cowtwtovts
Approved!
Heidi Asktovt-Cicko
Heidi Asktovt-Cicko
Managing Assistant County Attorney
Office of the Collier Couvtty Attorney
1
8 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, November 19, 2018 9:52 AM
To: Naples Daily News Legals
Subject: RE: For your approval Ad: 2166502, NOTICE OF PUBLIC HEARING Notice is h
Looks good, please publish.
Thank you!
Ann Jennejohn, Sr. Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
23q-252-8406
Original Message
From: Legals@naplesnews.com <Legals@naplesnews.cow>
Sent: Thursday, November 1-5, 2018 11:53 AM
To: Ann P. Jennejohn <Ann.Jennejohn@collierclerk.covn>
Subject: For your approval Ad: 21(0(0502, NOTICE OF PUBLIC HEARING Notice is h
External Message: Please use caution when opening attachments, clicking links, or replying to this
message.
Hi Ann,
Attached is the ad proof, please review and let us know if you have any questions.
We need an approval in order for the ad to run on the 1st date scheduled.
Deadline: 249 KA For next day publication, except for Sunday/Monday publication, the deadline is 4pvn on
Friday.
Thank you,
Mereida Cardenas
Legal Advertising Specialist
PART OF THE USA TODAY NETWORK
Office: 23,3.213.6061
1
NOTICE OF PUBLIC HEARING Q
Notice is hereby given that a 8
public hearing will be held by
the Collier County Board of
County Commissioners,as the _
Board of Zoning Appeals,on O
December 11,2018,in the Board el;
of County Commissioners ii.I
Meeting Room, Third Floor,
Collier Government Center, co
3299 East Tamiami Trail,
Naples FL., the Board of 1= N
County Commissioners(BCC)
will consider the enactment w
of a County Resolution. The Assisted listeningdevices
meeting will commence at 9:00 for the hearingimpaired w
A.M.The title of the proposes are available in the Board of m
I Reso ution is as follows: County Commissioners Office. M
w
A RESOLUTION OF THE BOARD BOARD OF COUNTY >
0
OF ZONING APPEALS OF COMMISSIONERS Z
COLLIER COUNTY, FLORIDA, COLLIER COUNTY,FLORIDA
AFFIRMING A ZONINGETTECHAIRMAN,ANDY SOLIS
VERIFICATION LETTER
0
ISSUED BY THE PLANNING N
AND ZONING DEPARTMENT CRYSTAL K.KINZEL w
PURSUANT TO LOC SECTION CLERK OF THE CIRCUIT COURT z
10.02.06 J.1.b, IN WHICH &COMPTROLLER 0
COUNTY STAFF DETERMINED w
THAT THE PROPOSED USES By:Ann Jennejohn
OF A VETERINARY CLINIC Deputy Clerk(SEAL)
(SIC CODE 0742), EXCLUDING November 21,2018 No.2166502
OUTDOOR KENNELING, AND f
DOG GROOMING (SIC 0752) 0
ARE COMPARABLE AND U
COMPATIBLE IN NATURE TO in
OTHER PERMITTED USES FOR
COMMERCIAL DEVELOPMENT w
IN THE MIXED-USE AREAS 2
OF THE VANDERBILT W
COMMONS PLANNED UNIT J
DEVELOPMENT, ORDINANCE n.
NO. 2005-19, AS AMENDED.
THE SUBJECT PROPERTY IS 2
LOCATED ON THE NORTH SIDE
OF VANDERBILT BEACH ROAD
AND APPROXIMATELY Y4 MILE
WEST OF COLLIER BOULEVARD
IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
[PL20180002265]
A. copy of the proposed
Resolution is on file with the
Clerk tothe 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 Division,located
at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-
5356,(239)252-8380,at least
two days prior to the meeting.
U
8
4
?a ro Battu N
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she
serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County,
Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in
said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said
Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
BCC/ZONING DEPARTMENT 2166502 NOTICE OF PUBLIC HEA 4500190197
Pub Dates
November 21,2018
dialLi 0Y12 WIa
(Sign ture of affiant)
I M NANOLENANGAS a I
Sworn to and subscribed before me amnikslor, GGt�Z60tl4
This November 21,2018 an My Cumm,Bpiresk12B'2021
mwam ewdmwMa.yo
(Signature of affiant)
8
NOTICE OF PUBLIC HEARING
Any person who decides to
Notice is hereby given that a appeal any decision of the
public hearing will be held by Board will need a record of
the Collier County Board of the proceedings pertaining
County Commissioners,as the thereto and therefore, may
Board of Zoning Appeals, on need to ensure that a verbatim
December11,2018,in the Board record of the proceedings is
of County Commissioners made, which record includes
Meeting Room, Third Floor, the testimony and evidence
Collier Government Center, upon which the appeal is
3299 East Tamiami Trail, based.
Naples FL., the Board of
County Commissioners (BCC) If you are a person with a
will consider the enactment disability who needs any
of a County Resolution. The accommodation in order to
meeting will commence at 9:00 participate in this proceeding,
A.M.The title of the proposed you are entitled,at no cost to
I :ilution is as follows: you,to the provision of certain
assistance. Please contact
A RESOLUTION OF THE BOARD the Collier County Facilities
OF ZONING APPEALS OF Management Division,located
COLLIER COUNTY, FLORIDA, at 3335 Tamiami Trail East,
AFFIRMING A ZONING Suite 101, Naples, FL 34112-
VERIFICATION LETTER 5356, (239) 252-8380, at least
ISSUED BY THE PLANNING two days prior to the meeting.
AND ZONING DEPARTMENT Assisted listening devices
PURSUANT TO LDC SECTION for the hearing impaired
10.02.06 J.1.b, IN WHICH are available in the Board of
COUNTY STAFF DETERMINED County Commissioners Office.
THAT THE PROPOSED USES
OF A VETERINARY CLINIC BOARD OF COUNTY
(SIC CODE 0742), EXCLUDING COMMISSIONERS
OUTDOOR KENNELING, AND COLLIER COUNTY,FLORIDA
DOG GROOMING (SIC 0752)
ARE COMPARABLE AND CHAIRMAN,ANDY SOLIS
COMPATIBLE IN NATURE TO
OTHER PERMITTED USES FOR CRYSTAL K.KINZEL
COMMERCIAL DEVELOPMENT CLERK OF THE CIRCUIT COURT
IN THE MIXED-USE AREAS &COMPTROLLER
OF THE VANDERBILT
COMMONS PLANNED UNIT By:Ann Jennejohn
DEVELOPMENT, ORDINANCE Deputy Clerk(SEAL)
NO. 2005-19, AS AMENDED. November 21,2018 No.2166502
THE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE
OF VANDERBILT BEACH ROAD
AND APPROXIMATELY V4 MILE
WEST OF COLLIER BOULEVARD
IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
[PL20180002265]
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.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 County Attorney Office County Attorney Office -ti
-'
4. BCC Office Board of County AS b
Commissioners \ � '$ '%
5. Minutes and Records Clerk of Court's Office '01)1/43J0ta' C3 10.,3:Wit
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff John Kelly/Zoning Phone Number 239.252.5719
Contact/ Department
Agenda Date Item was 12-11-2018 L.� Agenda Item Number 8A Y�
Approved by the BCC
Type of Document Resolution Number of Original 1
Attached (�' Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? <3\4_,... 'al*—•
2. Does the document need to be sent to another agency for additional signatur s? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12-11-18 and all changes made during JK s•
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the \MC""" +} 5 a ?a
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
8 A
RESOLUTION NO.18- 2 2 9
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, AFFIRMING A ZONING VERIFICATION LETTER
ISSUED BY THE PLANNING AND ZONING DEPARTMENT PURSUANT
TO LDC SECTION 10.02.06 J.1.b, IN WHICH COUNTY STAFF
DETERMINED THAT THE PROPOSED USES OF A VETERINARY
CLINIC (SIC CODE 0742), EXCLUDING OUTDOOR KENNELING, AND
DOG GROOMING (SIC 0752) ARE COMPARABLE AND COMPATIBLE IN
NATURE TO OTHER PERMITTED USES FOR COMMERCIAL
DEVELOPMENT IN THE MIXED-USE AREAS OF THE VANDERBILT
COMMONS PLANNED UNIT DEVELOPMENT, ORDINANCE NO. 2005-19,
AS AMENDED. THE SUBJECT PROPERTY IS LOCATED ON THE
NORTH SIDE OF VANDERBILT BEACH ROAD AND APPROXIMATELY
% MILE WEST OF COLLIER BOULEVARD IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
[PL20180002265]
WHEREAS,the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on
all counties in Florida 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 (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic
divisions of the County,among which is the rezoning of land to Planned Unit Development(PUD);and
WHEREAS,by Ordinance 05-19,as amended by Ordinance 17-47,the Board of County Commissioners
of Collier County approved a Mixed Use Planned Unit Development (MPUD) known as the Vanderbilt
Commons MPUD for the subject property;and
WHEREAS, Section 3.3.A of the Vanderbilt Commons MPUD provides for certain permitted uses,
including Subsection 3.3.A.26,"Any other use which is comparable and compatible in nature with the foregoing
list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by the Board of
Zoning Appeals(BZA)";and
WHEREAS,the Petitioner,Derek Burr,AICP,of Davidson Engineering,Inc.,on behalf of the property
owner,Vanderbilt Commons I Land Trust dated August 1, 2016,requested a determination as to the property
described in Exhibit "A" that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog
grooming business (SIC 0752), are comparable and compatible use to the permitted uses of the business district
area of the MPUD;and
WHEREAS, the PUD permits uses such as pet stores (SIC 5999), physicians and other health
professionals(SIC 8011-8049 and 8082), and beauty shops (SIC 7237);and
WHEREAS, the Growth Management Department Zoning Manager has determined that a veterinary
clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming business (SIC 0752) are comparable and
compatible permitted uses within the Mixed Use Area of the PUD by Zoning Verification letter dated
September 27,2018,attached as Exhibit"B";and
WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of
[18-CPS-01799/1442510/1]80
Vanderbilt Commons/CUD-PL20180002265 page 1 of 2
10/29/18
CAv
8 A
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, and a dog grooming business, are
comparable and compatible uses within the Mixed Use area of the Vanderbilt Commons MPUD according to
Section 3.3.A.26 of the MPUD;and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the Land
Development Code and by Section 3.3.A.26 of Ordinance 2005-19, as amended, and has held a public
hearing with due notice made, and all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered granting the request by Vanderbilt
Commons I Trust c/o Welsh Companies FL, Inc., as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit"A":
The Zoning Verification letter dated September 27, 2018 is affirmed; and a veterinary clinic,
excluding outdoor kenneling, and a dog grooming business, are comparable and compatible uses within
the Mixed Use area of the Vanderbilt Commons MPUD according to Section 3.3.A.26 of the MPUD,
subject to the following conditions:
(a) Issuance of a development permit by a county does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not create any liability
on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation
of state or federal law; and
(b) All other applicable state or federal permits must be obtained before commencement of
the development.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted upon majority vote,this I J f h day of bC'C e ry1 , 2018.
�: ' rt�pryR
ATTEST: •. BOARD OF APPEA
CRYSTAL K. KINZEL, atyRK COLLIER 0 , FLOR Pi • /
By 1\� K.L kv B
y:
Attest as to Chairs an'S. Dep Cle ANDY SOLIS, Chairman
signature only. * '
Approved as to form and legality:
A
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter
[18-CPS-01799/1442510/1]80
Vanderbilt Commons/CUD-PL20180002265 2 Of 2 Page
10/29/18 g
8
Exhibit A
Legal Description
VANDERBILT COMMONS LOT 1, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID #: 79271800086 (A.K.A XXX. Vanderbilt Way)
And
VANDERBILT COMMONS LOT 2, as further described in the plat recorded at Plat Book 60, Pages
31-32, Collier County, Florida. PID # 79271800109 (A.K.A XXX. Vanderbilt Way)
8A
Growth Management Department
Zoning Services Section
September 27,2018
Derek Burr, AICP—Senior Planner
Davidson Engineering, Inc.
4365 Radio Road, Suite 201
Naples,Florida 34104
Re: Zoning Verification Letter ZLTR (CUD)-PL20180002265; Zoning Verification Letter —
Comparable Use Determination for 7211 Vanderbilt Beach Road, Building 1; AKA: Vanderbilt
Commons, Lots 1 and 2, in Section 34, Township 48 South, Range 26 East, of unincorporated Collier
County,Florida. Property ID/Folio Number: 79271800086.
Dear Mr. Burr:
This letter is in i'espoiise to a Coiiiparai 1e Use Determination (CUD) Application that you submitted on
the behalf of your client, Vanderbilt Commons I Trust c/o Welsh Companies FL, Inc. You specifically
seek a determination from the Planning Manager and approval of said determination from the Board of
Zoning Appeals that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming
business (SIC 0752) are allowable permitted uses at the above location; the former to be in Unit 13 and
the latter in Unit 11. The applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.3
of the Collier County Land Development Code(LDC),Ordinance 04-41, as amended.
The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land
Development Code (LDC), Ordinance 04-41, as amended. The current Official Zoning Atlas, an element
of the LDC, reveals the subject property has a zoning designation of Mixed Use Planned Unit
Development (MPUD), more specifically the Vanderbilt Commons MPUD, as established by Ordinance
2005-19, as amended, which serves as the primary zoning document. The subject property is further
located within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict as identified on the Future
Land Use Map (PLUM) and described in the Future Land Use Element (FLUE) of the Growth
Management Plan(GMP). The FLUE permits commercial and residential land uses in this area;however,
specifically prohibits gas stations, convenience stores with gas pumps, fast food restaurants with drive
through lanes, and tire stores within the 14.49-acre expansion area that comprises this MPUD;
consequently, said uses are listed as prohibited within Section 3.4 of the PUD.
Section 1.6 of the MPUD reveals the project is comprised of a mixture of commercial and residential
uses. Commercial and residential land uses and signage are designed to be harmonious with one another
in a natural setting by using common architecture, quality screening/buffering, and native vegetation,
whenever feasible. Section 2.3.A of the MPUD states that the project is intended to create a pedestrian-
friendly atmosphere that encourages area residents to work and shop there and for on-site workers to walk
to other services. In addition,the MPUD Master Plan depicts the subject property.
The subject property comprises +1-3.1 acres and as per the MPUD's Master Plan is located within the
"South Tract"and is within an area dedicated"Mixed Use Area"which is intended to provide a variety of
Zoning Division o 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Exhibit B �}
8 A
Zoning Verification Letter
ZLTR(CUD)-PL20180002265
Page 2 of 3
retail and office uses. Allowable commercial principal uses within the Mixed Use Area are listed in
Section 3.3.A. of the PUD document. The requested SIC classifications are not specifically listed;
however, listed use #26 reads: "Any other use which is comparable and compatible in nature with the
foregoing list of permitted principal and the accessory uses, as prescribed by the LDC, shall be heard by
the Board of Zoning Appeals (BZA). Prior to the approval of any uses, the applicant shall provide public
notice in addition to an advertisement for the hearing which shall include a neighborhood information
meeting, mailings and signage in the same manner as that required for substantial amendments to a
Planned Unit Development."
Section 10.02.06.J.1.b. of the LDC states that the County Manager or designee may issue a zoning
verification letter to determine whether a use within a PUD is consistent and compatible with the
surrounding uses within the PUD. To be effective, said zoning verification letter shall be approved by the
Board of County Commissioners by resolution at an advertised public hearing.
Section 2.2.A. of the PUD document states: "Regulations for development of the Vanderbilt Commons
Mixed Use PUD shall be in accordance with the contents of this document, MPUD-Mixed Use Planned
Unit Development District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply."
You have provided a justification statement in which you have determined that the allowable principal
uses within the subject MPUD are most similar to those of the County's C-3 and C-4 base zoning
districts. The LDC reveals that veterinary clinics, excluding outdoor kenneling, (SIC 0742) are allowable
as a Conditional Use within the C-1 zoning district and as permitted uses within the C-2 through C-5
zoning districts; dog grooming (SIC 0752) is allowable as a permitted use within the C-3 through C-5
zoning districts. With respect to comparability, you assert that as the proposed uses are allowable within
the C-3 zoning district they are less intense than several of the enumerated allowable uses requiring a C-4
zoning. Staff notes for several of the enumerated uses the escalation to C-4 zoning is a result of a
restriction on internal area of 5,000 square feet or less for which there is no similar restriction noted
within the MPUD. Additionally, you contend that the business and operational characteristics of a
veterinary clinic, without outdoor kenneling, is similar to that of physicians and other health professionals
(SIC 8011-8049 and 8082) and that a dog groomer operates similarly to a beauty shop(SIC 7237) which
are allowable uses within the subject MPUD. Lastly, with respect to allowable uses, staff offers that pet
stores (SIC 5999) are permitted principal uses within this MPUD and that several of the larger pet store
franchises offer similar services and/or provide space to veterinarians and/or groomers as accessory uses
within the confines of said stores.
Additionally, you provided a detailed Traffic Impact Analysis undertaken by Trebilcock Consulting
Solutions, PA. Said traffic analysis is primarily based upon evaluating a veterinary use against a generic
shopping center use and concludes that, from a traffic stand point, a veterinary clinic results in fewer total
trips and is therefore favorable. With respect to dog grooming, the consultant was unable to locate a
specific Land Use Code (LUC) for same, however asserts that as veterinary clinics can offer grooming
services as an accessory use that using the same LUG for both proposed business types result in yet fewer
total trips. Staff notes that the subject property was developed as and satisfies the LDC's definition of a
Shopping Center; see Site Development Plan (SDP-PL20160001076). As per LDC Section 4.05.04 G.
Table 17—Parking space requirements—required parking within shopping centers not having significant
cinema/theater seating capacity is based upon a standard ratio of 1 space per 250 square feet of gross floor
area without regard to use with exception to restaurants which cannot exceed 20%of the shopping centers
floor area without providing for additional parking.
Staff's analysis concludes that the business and operational characteristics of both the proposed veterinary
clinic and the proposed dog groomer and comparable and compatible to those uses enumerated within the
0
8A
Zoning Verification Letter
ZLTR(CUDJ-PL20180002265
Page 3 of 3
Mixed Use development area of the subject MPUD. Staff further finds that the subject application and
opinion are consistent with the GMP, the LDC, and the Vanderbilt Commons MPUD as neither has been
specifically prohibited. Said analysis is based upon the term "compatibility"which is defined in the LDC
as follows: "A condition in which land uses or conditions can coexist in relative proximity to each other
in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition." The term "comparable" is generally defined as having features
in common with something else or having equivalent or similar attributes. "Consistent" pertains to
accuracy and the way such arguments have been made over time. In an effort to promote compatibility,
staff would encourage the applicant to consider creating or repurposing an area to be used as a comfort
area and/or the placement of sanitation stations for the disposal of dog/animal waste.
The Zoning Manager has reviewed the subject application and submittal documents and finds the
argument made to be compelling. Based upon the information contained herein, it has been concluded
that a veterinary clinic, excluding outdoor kenneling, (SIC 0742) and a dog grooming business (SIC
0752) are comparable and compatible permitted uses within the Mixed Use Area of the Vanderbilt
Commons MPUD. Subsequent to a Neighborhood Information Meeting, this determination must be
approved by the Board of Zoning Appeals to become valid; you will be notified of a hearing date and
time.
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law. All other applicable state or federal permits must be obtained before commencement of the
development.
Please be advised that the information presented in this verification letter is based on the Collier County
LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It is also
possible that development of the subject property could be affected by other issues not addressed in this
letter, such as, but not limited to, concurrency related to the provision of adequate public facilities,
environmental impact,and other requirements of the Collier County LDC or related ordinances.
Should you require additional information or have any questions, please do not hesitate to contact me at
(239)252-5719 or e-mail: john.kelly@colliercountyfl.gov.
Researched and prepared by: Reviewed by:
21-----(1"?
Jn A.Kelly, Senior Planner Raymn Bellows,Zoning Mana.—r --
Zoning Services Section Zoning; ervices Section
C: GMD-Addressing Section
GMD-PUD Monitoring
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