Resolution 2013-213 RESOLUTION 13- 213
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-PL20130001108J
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 I of 2
Rev. 8/1/13
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 of / day of
(*cry-)bey- , 2013.
I
ATTEST: BOA OF . ONIN t APPEALS
DWIGHT E. BROCK, CLERK CO IErR C• T /, FLORIDA
4'19
By z . . a p•C By
Attest ,��� ►::�< 'S' GEOR�t ; n. I. LER, ESQ.
°' airwoman
-`'signature o \ .J
Approved'as to forth and legality:
I,
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A— Legal Description
Exhibit B —Conceptual Site Plan
Exhibit C—Conditions of Approval
C P\13-CPS-01231\42
Milan Center\CU-PL20130001108 Page 2 of 2
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(CAC
*** OR 4539 PG 529 ***
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LEGAL DESCRIPTION
Lots 1 through 5,Inclusive and Lots 47 through 50,inclusive,Block 57,UNIT NO.5 NAPLES
PARK,according to the Mat thereof,as recorded In Plat Book 3,at Page 14,of the Public
Records of Collier County,Florida.
now known as
All lands of MILAN CENTER,a Condom, , ,"'�', ;27:i.„, + + the Declaration of Condominium
thereof,as recorded in Official Reco L7 . y • 50,and all exhibits and
amendments thereof,of the Publi• of Collier • i ' 1 orida.
alkla
Unit 101,Unit 102,Unit 103, it S . Unit 205,of MILAN
CENTER, a Condominium,a•-. : . ium thereof,as recorded
In Official Records Book 42S . • + . = • . I oilier County,Florida.
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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.
EXHIBIT C
Milan Center 1 CU-PL20130001108
Rev. 8/01/13
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