Agenda 01/27/2009 Item #16A 7
Agenda Item No, 16A7
January 27, 2009
Page 1 of 7
EXECUTIVE SUMMARY
BIas Elias and Bert Eisenbud of E's Country Store requests a Temporary Use Permit in
accordance with the provisions of the Land Development Code (LDC) for twenty-eight
consecutive weekends (Saturday and Sunday), alternating hetween the location at the
corner of Golden Gate Boulevard and Wilson Boulevard, Section 03, Township 49 Sonth,
Range 27 East, and the location at the corner of Oil Well Road and Immokalee Road,
Section 23, Township 48 South, Range 27 East, five additional months beyond the sum total
twenty-eight day time limit that is allowed by the LDC during the 2009 calendar year to
operate a mobile smokehouse cooker, and to allow the applicant to pay the two hundred
dollar fee, per location, to encompass the entire requested length of time.
OBJECTIVE: To ensure the issuance of a Temporary Use Permit and a permit extension
request and that the fee waiver meets the intent of the Board's actions on November 18, 2008
when this item came before the Board of County Commissioner's as a Public Petition (Item 6E)
while ensuring that the community's interests are maintained.
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CONSIDERATIONS: The petitioner appeared before the Board of County Commissioners on
November 18, 2008, under a public petition item to request a Temporary Use Permit to operate a
mobile smokehouse cooker associated with a business they own called E's Country Store. The
subject properties, of which Mr. Elias and Mr, Eisenbud are the current owners, are located at the
comer of Golden Gate Boulevard and Wilson Boulevard, Section 03, Township 49 South, Range
27 East, Zoning (C2), and the location at the comer of Oil Well Road and lmmokalee Road,
Section 23, Township 48 South, Range 27 East, Zoning (PUD Mixed Use).
According to the applicant, the subject sites would be utilized on alternate weekends to operate a
mobile smokehouse cooker. The mobile smokehouse cooker used would be operated in the
parking lot of each location and will be in compliance with all State Health and Fire codes. The
business office portion of this use is currently located in an existing building on site with the
appropriate zoning classification for convenience store use. The applicants wish to obtain
temporary permission to utilize the site for a mobile smokehouse cooker on alternating
weekends, in an attempt to broaden their selection of food products currently sold. By zoning
verification letter, staff has determined that the use is permissible as conditional.
The Land Development Code allows the Board to approve Temporary Use Permits in excess of
the 28-day limit up to four weeks in duration. The LDC allows the Zoning Director to approve
Temporary Use Permits that demonstrate compliance with the intent of Section 5.04,00.
Temporary Uses and Structures. The Board would also have to determine that the granting of a
Temporary Use Permit for this proposed use is consistent with the intent of these provisions of
the Land Development Code.
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The applicants have indicated that should the mobile smokehouse cooker be successful, they will
contract a design professional to submit all appropriate applications and plans to the County for
review and approval, in order to make this a permanent structure.
Agenda Item No, 16A7
January 27. 2009
Page 2 of7
FISCAL IMPACT: The fee for a Temporary Use permit is two hundred dollars per permit and
one permit is required for each weekend. As noted above, the applicant is requesting to pay a one
time fee of two hundred dollars per location, four hundred dollars total, for what would equate to
two single, on-going Temporary Use Permits, valid until the approval time for the permit, as
granted by the Board, expires.
GROWTH MANAGEMENT IMPACT: This action has no impact on growth management.
LEGAL CONSIDERATIONS: This item is ready for Board consideration and approval. It is
quasi-judicial and requires ex parte disclosures, A majority vote of the Board is necessary for
Board action.--HFAC
RECOMMENDATION: That the Board grant the applicant's request to approve a Temporary
Use Permit in accordance with the provisions of the Land Development Code for twenty-eight
consecutive weekends (Saturday and Sunday), for the calendar year 2009, alternating between
the location at the comer of Golden Gate Boulevard and Wilson Boulevard, Section 03,
Township 49 South, Range 27 East, and the location at the comer of Oil Well Road and
lmmokalee Road, Section 23, Township 48 South, Range 27 East, and to waive any fees to be
paid by the applicant beyond the two hundred dollar fee, per location, for a total of four hundred
dollars, to encompass the entire requested length of time,
PREPARED BY: Joseph Schmitt, Division Administrator, Community Development and
Environmental Services,
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No, 16A7
January 27, 2009
PagE 30f7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Al
Bias Elias and Bert Eisenbud of Es Country Store requests a Temporary Use Permit in
accordance with the provisions of the Land Development Code (LOC) for twenty-eight
consecutive weekends (Saturday and Sunday), alternating between the location at the corner
of Golden Gate Boulevard and Wilson Boulevard, Section 03, Township 49 South, Range 27
East. and the location at the corner of Oil Well Road and lmmokalee Road, Section 23,
TownshIp 48 South, Range 27 East, five addItional months beyond the sum total twenty-eight
day time limit that is allowed by the LOC during the 2009 calendar year to operate a mobile
smokehouse cooker, and to allow the applicant to pay the two hundred dollar fee, per
location, to encompass the entire requested length of time.
1127/200990000 AM
Prepared By
James French
Community Development &
Environmental Services
Operations Supervisor
Date
COES Operations
117120097:11:48 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/81200911:17 AM
Approved IJy
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved Ry
118/200912:05 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/8/20097:56 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
119/20099:47 AM
Approved Hy
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
11161200912:16 PM
Approved Ry
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1117/200911 :44 AM
file://C:\AgendaTest\Export\ I 22-January%202 7,%202009\ 16. %20CON SENT%20AG END...
1/21/2009
Agenda Item No, 16A7
January 27.2009
Page 4 of7
COLUERCOUNTYGOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive' Naples, Florida 34104
Department of Zoning and Land Development Review
December 2, 2008
Mr. BIas Elias
E's Country Store
14344 Immokalee Road
Naples, FL 34120
Re: Zoning Verification Letter ZLTR-2008-ARI4014, regarding property at 21 Golden
Gate Boulevard East, E's Country Store, Folio number 37280040109, in Section 3,
Township 49 South, Range 27 East, Collier County, Florida
Dear Mr. Elias:
In your application dated November 25, 2008, you ask if a portable smoker, used to
prepare food to be sold to the public, would be allowed on the subject property. The
property has a zoning designation of Convenience Commercial (C-2) and consists of an
improved lot supporting E's Country Store. A Site Development Plan (SDP 9]-136 as
amended) has heen approved for the site, The smoker would be allowed on the site,
subject to conditions described below,
In your application, you provide a photo of the smoker. The photo shows a licensed
commercial trailer, about 18 feet long, on which the smoker apparatus is apparently
permanently mounted. You explain that the smoker will be used to prepare food and will
comply with applicable Health Department regulations.
The C-2 zoning district in which the store is located, allows commercial convenience
stores as a pennilted principal use. The smoker, as shov.n in the photograph, would be
allowed as an accessory use to the store under the following conditions:
The smoked food must be prepared and sold only to the customers of G' s
Store, and not operated as a separate business
The food must be provided, to the customers inside the store, not at the smoker
The smoker must be screened by a wall of design and materials compliant
with Architectural Code, in a location where it would not interfere with
parking or traffic circulation on the property
An Insubstantial Change to SDP 91-136, showing the screening and the
location must be submitted and approved prior to obtaining a building permit
for the wall
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Phone (239) 252-2400
Fax (239) 252-6968 or (239) 252-2913
\vww.colliergoy.nct
Agenda Item No, 16A7
January 27,2009
Page 5 of 7
Please be advised that the information presented in this verification I etter is based on the
Collier County Land Development Code 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 Land Development
Code or related ordinances.
This letter represents a determination of Zoning Department staff. Should you disagree
with this determination, you may request an Official Interpretation by the Zoning Director
of the provisions of the Land Development Code pursuant to Sections 1.06.0 LA and
1O.02,02.F.] of that Code. The fee for an Official Interpretation is identified in the most
recent CDES Fee Schedule Resolution as approved by the Board of County
Commissioners.
Should you require further information please do not hesitate to call me at (239) 252-
29] I.
Rese che~
oss Go enaur, Planning Manager
Department of Zoning & Land
Development Review
Reviewed by:
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Susan M. Istenes, A]CP, Director
Department of Zoning & Land
Dcvclopment Review
Cc: Correspondence file
Peggy Jarrell, Addressing
Agenda Item No, 16A7
January 27,2009
Page 6 of 7
COLLlliRCOUNTYGOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive' Naples, Florida 34104
Department of Zoning and Land Development Review
December 2, 2008
Mr. Bias Elias
E's Country Store
14344 Irnmokalee Road
Naples, FL 34120
Re: Zoning Verification Letter ZL TR-2008-ARI4015, regarding property at 14344
Immokalee Road, E's Country Store, Folio number 64700625608, in Section 23,
Township 48 South, Range 27 East, Collier County, Florida
Dear Mr. Elias:
In your application dated November 25, 2008, you ask if a portable smoker, used to
prepare food to he sold to the public, would bc allowed on the subject property, The
property has a zoning designation of Mixed Use Planned Unit Development (MPUD),
specifically, the Orangetree PUD, and consists of an improved lot supporting E's Country
Store, 'The smoker would be allowed on the site, subject to conditions described below.
In your application, you provide a photo of the smoker, The photo shows a licensed
commcrcial trailer, about 18 feet long, on which the smoker apparatus is apparently
permanently mountcd. You explain that the smoker will be used to prepare food and will
comply with applicable Health Departmcnt regulations,
The Orangetree PUD Commercial/Neighborhood Tract, in which the store is located,
allows commercial convenience stores as a permitted principal use. The smoker, as
shown in the photograph, would be allowed as an accessory use to the store under the
following conditions:
The smoked food must be prepared and sold only to the customers of E's
Country Store, and not operated as a separate business
The food mllst be provided to the customers inside the store, not at the smoker
The smoker must be screened by a wall of design and materials compliant
with Architectural Code, in a location where it would not interfere with
parking or traffic circulation on the property
A Site Improvement Plan (SIP) showing the screening and the location must
be submitted and approved prior to obtaining a bui Iding permit for the wall
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Phone (239) 252-2400
Fax (239) 252-G968 or (239) 252-2913
\v",vw.colliergov.nct
Agenda Item No, 16A7
January 27.2009
Page 7 of 7
Please be advised that the information presented in this verification letter is based on the
Collier County Land Development Code and/or Growth Management Plan in effect as of
this date. It is possible that subsequent amendment(s) to cither of these documents could
affect the validity of this verification letter. It is also possible that development of the
subject property could be affectcd 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 Land Development
Code or related ordinances.
This letter represents a determination of Zoning Department staff. Should you disagree
with this determination, you may request an Official Interpretation by the Zoning Director
of the provisions of the Land Development Code pursuant to Sections l.06,Ol.A and
JO,02,02.F.J of that Code. The fee for an Official Interpretation is identified in the most
recent CDES Fee Schedule Resolution as approved by the Board of County
Commissioners.
Should you require further information please do not hesitate to call me at (239) 252-
2911.
by:
Reviewed by:
't'J. 1~
Ross oc enaur, Planning Manager
Department of Zoning & Land
Development Review
usan M. Istenes, AICP, Director
Department of Zoning & Land
Development Review
Cc: Correspondence file
Peggy Jarrell, Addressing