Resolution 2008-045
RESOLUTION NO. 08-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
AN AUTOMOBILE RENTAL AGENCY IN THE GENERAL
COMMERCIAL (C-4) ZONING DISTRICT AT 13560
TAMIAMI TRAIL NORTH (SR 45), IN SECTION IS,
TOWNSHIP 48 SOUTH, RANGE 25 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 has held a public hearing and has considered
the advisability of a Conditional Use for a automobile rental agency in the General Commercial
(C-4) Zoning District, pursuant to Land Development Code Section 2.04.03, Table 2, on the
property described in Exhibit "B", and has found as a matter of fact (Exhibit "A") that
satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Section 10.08.00.D of the Land
Development Code, as amended; 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-2007-AR-12384, filed by Enterprise Leasing Company d/b/a Enterprise
Rent-A-Car, with respect to the property described in Exhibit "B," attached hereto and
incorporated by reference herein, is hereby approved for a Conditional Use pursuant to Section
2.04.03, Table 2, of the Collier County Land Development Code in the General Commercial
(C-4) Zoning District, for an automobile rental agency in accordance with the Conceptual Site
Page I of2
Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and
incorporated by reference herein.
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 ~""'day of
Jibf'uu.ty
,2008.
ATTEST:
DWIGf:If:E~~C.{<., CLERK
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At-"J" ~:~A(~ f Deputy Clerk
S 19Mt~f(;~'i .' ,.... f
BOARD OF ZONING APPEALS
COLLIER :u:y, ORIDA.
By: :;1)-
TOM HENNING, Chairman
y . Klatzkow
s istant County Attorney
Exhibits (attached): A.
B.
C.
D.
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions of Approval
Page 2 of 2
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> of the Land Development Code authorizes 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;
Yesl 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 ingres/egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect 01' '//Affect mitigated by <text> l..JW, l M-<<i) ':c l"-,-U )
_ Affect cannot be mitigated L oc.... (CCiLz.v. ~ ~1--
D. Compatibility with adjacent prope11ies and other property in the district:
Compatible use within district
Yes V/No
6-'1 lV.' ~~,J-)'4 1:r...:J<'-("/L.-
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>. ! _ ill
DATEd. 11-0Y CHAIRMAN, ~(}~:::,
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> 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 I 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 V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or I Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
/
YesL No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
/ /17 /(}fY
f /
MEMBER:;},v.r1.rl..t, ';edL 0.JU1--?U
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> 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:
Yesl 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 'J.. No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-L No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
Based on the above findings, this conditional use should, with ipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: ($~ \l~OO'ii'
MEMBER:
t;l?bn$C~\\1-R;i\-
I'
I'
'\
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> 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 V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or II' Affect mitigated by <text>
_ 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)
(should not) be recommended for approval <text>.
DATE: /- 11- Cl r
MEMBER:
;:?~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> of the Land Development Code authorized the conditional use.
2. Granting the conditional nse 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 Lan1evelopment Code and Growth Management Plan:
Yes 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 /
Yesl No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: j -
_ No affect or _ Affect mitigated by <text> jti~(t\lV'
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within dijt
Yes No
Based on the above findings, this conditional use should, wit stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE:
MEMBER:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1 . Section <text> 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 Deyelopment Code and Growth Management Plan:
Yes / 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 & egres~
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effecty
L No affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within diS/:'
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: J - 17 ~ 0 y
/V'C
MEMBER: C/~.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
I. Section <text> 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 /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
YesL'No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o affect or _ Affect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: I~/?- 0;-
t/IC--{ I C/T'r,'
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12384
The following facts are found:
1. Section <text> 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-U 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 vi No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~fect mitigated by <text>
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within di7
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval <text>.
DATE: I } J1 J C:J ~
f
'----/ .~
MEMBER: """. 1
~
LEGAL DESCRIPTION
ENTERPRISE RENTAL CAR
CU-2007-AR-12384
All that part 01 Section 1~. Town~hip 48 South, ~ange 2~
East. collier County, Florida, bein9 more partic~l~rly
de~crJhed as follow5:
Commencinq at the West 1/4 corner of ~aid Section l~: thence
along the South lina ot the Nor'thwest 1/4 ot said Section
15. South 89- )3' 40. East 14.~9 teet to tho usterly rig,ht-
of-way lin. ot U.S. 41 (Tamiami Traill; thence alenq ~aid
r1qht-of-way line and the Mesterly line or tnat land as
d4.~rtb~d in Official Reoord~ Book 1110. P.ge 1794, ot the
Public Reco.rd~ ot Collier County, rtorld., Nort.A o. 31' 40-
West 33~.1J teet to the Point of 8~9inninq or the ~rcel
herein described:
thence contin:Je along uid 1 tne. Nortn o. 31' 46- West
1'33.24 c.et:
thenc~ contlnue a10n9 said line, Norther!y 104,'6 teet
th~ arc of a circular curve conClve to the West havio9
r.adi::u:I of 3,919.12 teet .and being ::Iubtended by oS chord
bear3 North 1- 23' 4.1)- Wen 104.86 teet;
thence le,avinlj1 said 1 ine, South 89- 3)' 40. East 346.32
teet:
theJ'lce South
thence North
Beo1nnln9 01
along
.
which
O. 26' 20. West 238.02 teet;
89- 33' 40. West 3"0.48 teet to
the parcel herein described.
the Point ot
EXHIBIT "B"
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EXHIBIT "c"
CONDITIONS OF APPROVAL
Enterprise Rental Car CD
CD-2007-AR-12384
Conditions:
1. The existing landscape buffering to the rear (east) of the subject site, shall be
brought up to current LDC standards for a Type B Buffer where deficient.
2. The days of operation shall be limited to Monday through Saturday. The daily
hours of operation shall be limited from 7:30a.m. to 6:00 p.m. The term
"operation" includes the on-premises washing and interior vacuuming of the
rental vehicles associated with this vehicle rental conditional use.
3. Any changes to the building's outside appearance, including but not limited to
paint colors, trim colors, and signage, shall be architecturally unified for the
entire building and site. All changes shall be consistent with the County's
architectural guidelines and site design requirements.
4. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan, shall require the submittal of
a new conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including Chapter
10.02.03, Site Development Plan (SOP) review and approval, of the Collier
County Land Development Code, Ordinance 04-41, as amended.
5. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Sunrise Center Conditional Use Conceptual Site Plan," prepared
by Phoenix Planning & Engineering, Inc., dated June 28, 1999. The site plan
noted is conceptual in nature for conditional use approval. The final design
must be in compliance with all applicable federal, state and county laws and
regulations. The Department of Zoning and Land Development Review
Director may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this conditional use, so
long as these minor changes remain consistent with all applicable
development standards.
6. There shall be no amplified sound of any kind or nature emitted from the
premises. This restriction includes but is not limited to vehicle radios and
portable radios.
EXHIBIT D