Resolution 1998-135
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RESOLUTION 9S--1J5
A RESOLUTION PROVIDING FOR THE ESTABLISH'1ENT
OF A USED CAR LOT CONDITIONAL USE "4# IN THE
C-4 ZONING DISTRICT PURSUANT TO SECTION
2.2.15.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE: FOR PROPERTY LOCATED IN
SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26
8AST, 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 ColI ler COllnty the power to establish, coordinate ar.d
enforce zonin~ and such bugincss regulations as are necessary for th~
protection of thn public; ~nd
~IHERF:AS, th.] C0unty pursuant theleto h.)$ adopted a Land
Development Code (Ordinance No. 91-102) 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 Collier County Planning Commission, 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
Conditional Use "4# of Section 2.2.15.3 in a C-4 zone for a used car
lot on the property hereinafter described, and has found as a matt~r
of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; 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:
The petition filed by Kim Patrick KObza, Esquire of Treiser,
Kobza & VOlpe, representing Germain Properties of Columbus, Inc.,
with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
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be and the same is hereby approved for Conditional Use "4# of Section
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2.2.15.3 of the C-4 zoning district for a used car lot in accordance
with the Conceptual Master PlanjJExhibit "CHI and subject to the
following conditions: .~\
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1. The Petitioner vOluntarily agrees that if the subject
property is sold, or if the facility is operated or
managed by an entity other than Germain Properties of
Columbus, Inc., this Conditional Use shall expire.
2. Outdoor loudspeakers are prohibited.
3. Pickup and delivery of automobiles by auto transport
is prohibited.
4. Fencing is prohibited.
5. The display of automobiles in the landscape buffer is
prohibited.
6. The existing building shall be renovated and shall
comply with Division 2.8 of the Land Development Code.
7. Lighting shall comply with Division 2.8 of the Land
Development Code and shall be shielded from rights-of-
way and adjacent properties.
8. An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5.4 of
the Land Development Code.
9. An Exotic Vegetation Removal and Monitoring Plan for
the site shall be submitted to the Planning Services
Director for review and approval, prior to Site
Development Plan approval.
10. The buffer along Golden Gate Parkway shall be twenty
feet in width, including a five foot wide sidewalk,
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11. A "right turn only" sigh'shall be installed at the
project's driveway intersection with Golden Gate
Parkway prior to the issuance of a Certificate of
Occupancy,
12. Building windows shall not be marked, painted or used
for advertisement purposes.
13. Mature landscaping as depicted by exhibits presented
during the public hearing shall be planted on-site
prior to the issuance of a Certificate jf Occupancy.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
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Done this
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This ReDolution adopt~d after motion, second and majority vote.
, 199B.
erk
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Ap roved as to Form and
Legal Sufficiency:
7. }l.L~AL ~il. f)f..adtd
Marjo ie M. Student
Assistant County Attorney
f/CU-"-2 RESOLUTIOH
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day of
X?'7
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~ R ~
BAR B. BERR~- G . a
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-2
The fOllowing facts are found:
1. Section 2.2.15.3.4 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes
v
No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress_& egress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
, ~o affect or Affect mitigated by
- Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (~I'~ ~) be recommended for
approval ~ ~
DATE: 'II/to/tit CHAI~: //~~/j~
f/FINDINQ OF FACT CHAIR.HA.NI
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CU-98-2
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LEGAL DESCRIPTION
Lots 3. 4. 5. and 6. Block 248. Golden Gate Unit 7, as recorded in Plat Book 5, Pages
135-146 of the Public Records of Collier County, Florida.
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EXHIBIT "B"
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