The URL can be used to link to this page

Backup Document 06/14/2022 Item # 8A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP V p A 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 arc to he 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 Once 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 comp)etc 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 Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Dale 1. 2. 3 County Attorney Office County Attorney Office me tf 1 I s I22 4. BCC Office Board of County Commissioners (,t/� t J 4/i7/2z 5. Minutes and Records Clerk of Court's Office r r LAnI7,2 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 Derek D. Perry/County Attorney's Office Phone Number 252-8066 Contact/ Department Agenda Date Item was June 14,2022 Agenda Item Number 16K8 Approved by the BCC (MOVED TO 8.0) Type of Document Resolution of Denial Number of Original 1 Attached :1 D1 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? N/A 2. Does the document need to be sent to another agency for additional signatures? 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 DDP 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 DDP 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 DDP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 6-14-22 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's OqOffice has reviewed the changes, if applicable. ac > Pw 9. Initials of attorney verifying that the attached document is the version approved by the z �e BCC, all changes directed by the BCC have been made, and the document is ready for the () * 9®P p Chairman's signature. �� Are 1: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 1 f ft A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, June 17, 2022 11:43 AM To: 'PerryDerek' Subject: Resolution of Denial 2022-107 Attachments: Resolution of Denial 2022-107.pdf Good Morning Derek, Please see the attacked for your records. Tlhavtk you. Ann Jennejohn 13MR Senior Deputy Clerk II <<t��,,, Clerk to the Value Adjustment Hoard $.K 4 ,� Office: 23 9-252-8406 ° Fax: 239-252-8408 (if applicable) Avtvt.Jevtvtejolnvt@CollierClerk.cowt r`t , ` � � Office of the Clerk of the Circuit Court k``K" •`' & Comptroller of Collier County 3299 Tawtiaw►i Trail, Suite *401 Naples, FL- 34112-5324 www.CollierClerk.cow► i 8A RESOLUTION NO. 2022 — 107 A RESOLUTION DENYING PETITION ADA-PL20220003901, WHICH APPEALED HEX DECISION NO. 2022-17, A COMPARABLE USE DETERMINATION THAT A NEW AUTOMATED CARWASH IS COMPARABLE, COMPATIBLE, AND CONSISTENT WITH THE LIST OF PERMITTED USES IN SECTION 4.4 OF THE ARTESA POINTE PLANNED UNIT DEVELOPMENT, ORD. NO. 03- 46, AS AMENDED, ON PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD AND PASEDO DRIVE, APPROXIMATELY ONE-HALF MILE SOUTH OF TAMIAMI TRAIL EAST, IN SECTION 3, TOWNSHIP 51 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 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 (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, specifically authorizes the Board of County Commissioners to implement a county hearing examiner program by county ordinance; and WHEREAS, the County pursuant thereto has adopted a Collier County Hearing Examiner Ordinance (Ordinance No. 2013-25, as amended) which established the Office of the Hearing Examiner under the terms and conditions outlined in the Ordinance; and WHEREAS, on April 22, 2022, the Hearing Examiner issued a decision approving Comparable Use Determination PCUD-PL20210001966 (HEX No. 2022-17), stating: The Hearing Examiner hereby APPROVES Petition Number PCUD- PL20210001966, filed by Kendrick Gallander, AICP of RWA, Inc. representing Rook at Naples, LLC and ModWash, LLC, with respect to the property described as +1.01-acre undeveloped parcel (#81076000095) without an official street address and located in the southeast quadrant of the intersection of Collier Boulevard and Pasedo Drive approximately one-quarter mile south the intersection of Collier Boulevard and Tamiami Trail East (US 41) in Section 3, Township 51 South, Range 26 East, Collier County, Florida, for the following: [21-CPS-02131/1727197/1] Page 1 of 2 C40 8 A . A request for a determination that the proposed use of a new automated car wash (SIC 7542) is comparable in nature to the list of permitted uses in Section 4.4 (Commercial tract) of the Artesa Point [sic] Planned Unit Development (PUD) adopted by Ordinance Number 03-46, as amended. WHEREAS, Zachary W. Lombardo, Esq., representing FTY Florida, LLC and Niagara Falls Hydro, LLC (Dolphin Auto Spa Express Car Wash), filed Petition ADA-PL20220003901 on May 20, 2022, which appealed the Hearing Examiner decision HEX No. 2022-17 approving Comparable Use Determination PCUD-PL20210001966; and WHEREAS, on June 14, 2022, the Board of County Commissioners, acting as the Board of Zoning Appeals ("Board"), held a properly noticed public hearing to consider Petition ADA-PL20220003901; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number ADA-PL20220003901, filed by Zachary W. Lombardo, Esq., representing FTY Florida, LLC and Niagara Falls Hydro, LLC (Dolphin Auto Spa Express Car Wash), is hereby DENIED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on June 14, 2022. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion, second and majority vote this 14th day of June 2022. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K, I(INZEL, CLERK COLLIER CO ►�� .• ' DA •� r. OA° By: CIA.,4 .,./10 By: ��_. tte � °' . ' eputy Clerk Wil;ism L. McDaniel, Jr., Chairman 49114tureorr ; Approved as to form and legality: hatlAlb Derek D. Perry Assistant County Attorney [21-CPS-02131/1727197/1] Page 2 of 2