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Resolution 2012-253 RESOLUTION NO. 12-253 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 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 (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 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 of the Collier County Land Development Code on the property hereinafter described, 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: Mac Business Plaza LLC\CU-PL2011-1757 Revised 12/03/12 Page 1 of 2 Petition Number PL20110001757 filed by New Horizon Properties, LLC with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this ay of �(.l',�►1� , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BYE ': k I d • BY: C' �� •�.. ♦ - . # k* lOrk FRED W. COYLE, Chai oari Approved' .to form and legal sufficiency: A 070 Heidi Ashton-Cicko OA Managing Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP\12-CPS-01161\46 Mac Business Plaza LLC\CU-PL2011-1757 Revised 12/03/12 Page 2 of 2 LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33,PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST,NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST,884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S.41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE,44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,210.55 FEET,A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS,AND A CHORD DISTANCE OF 44.23 FEET,BEARING SOUTH 54 DEGREES 1 MINUTE 20 SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,ALONG SAID RIGHT OF WAY LINE 1124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,600.00 FEET ALONG SAID RIGHT OF WAY LINE;THENCE SOUTH 35 DEGREES 34 MINUTES 59 SECONDS WEST,321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST,541.69 FEET,TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET,A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 18 SECONDS,AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY;THENCE NORTH 35 DEGREES 34 MINUTES 59 SECONDS EAST,207.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.38 ACRES,MORE OR LESS. Exhibit "A" . n O v QN9 >V pr7 O Q-1 - R 7. ZO i qii < i' 0 zauNO� �Ylr�i 'ISQ'^# y j . V of V Y! Zr�u fn ®_ #o� ' pp A. 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II g CONDITIONS OF APPROVAL FOR CU-PL2011-1757 At the time of this Conditional Use approval, the site plan (attached as Exhibit `B") is conceptual and the final building configuration is unknown. The size of the buildings and development standards based on building size on the final Site Development Plan (SDP) may accordingly deviate from Exhibit `B" provided that conditions of Exhibit "C" are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C-3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: 1. The maximum aggregate gross floor area permitted on the subject 4.38 acre site is 35,000 square feet. 2. The maximum gross floor area for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.38 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound after 10 p.m. 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. 6. The food stores, food services, personal services, video rental or retail uses authorized by this Conditional Use are limited to the following: a. Apparel and accessory stores (5611-5661, 5699 - limited to bathing suit, sports apparel, and tee shirts custom printed stores). b. Auto and home supply stores (5531). c. Computer and computer software stores (5734). d. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01. e. Food stores (groups 5411, 5499–limited to health food stores& vitamin stores). f. General merchandise stores (5331, 5399). g. Hardware stores (5251). h. Home furniture and furnishings stores (5712-5714, 5719 - limited to stores retailing aluminum ware, bedding, china stores, cookware, cutlery, glassware stores, housewares, kitchenware, lamps and shades, linens, venetian blinds, and window shades). Alternate-rev. 12/10/12 1 oft i. Household appliance stores (5722). j. Musical instrument stores (5736). k. Paint stores (5231). 1. Personal services, miscellaneous (7299 — limited to clothing, costume rental, dress and suit rental). m. Radio, television and consumer electronics stores (5731). n. Record and prerecorded tape stores (5735). o. Retail nurseries, lawn and garden supply stores (5261). p. Retail services - miscellaneous (5941-5945, 5947, 5999) limited to art dealers, artificial flower stores, artists' supply and material stores, sporting goods stores and bicycle shops, book stores, stationery stores, jewelry stores, hobby, toy, and game shops, pet food stores, and picture frames, ready-made. q. Videotape rental (7841). r. Wallpaper stores (5231). 7. No adult oriented sales are permitted in this project. EXHIBIT C Alternate-rev. 12/10/12 2 of 2