Resolution 1996-445
SEP 2 4 1996
FESOLUTION 96--!i5
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF AN AUTOMOTIVE RENTAL AND LEASING
CONDITIONAL USE "5" 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 12, TOWNSHIP 50 SOUTH,
RANGE 26 EAS'r, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the state of Florida in Chapter
67-1246, Laws of Florida, an1 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 I the County pur;3uant thereto has adopted a Land
Development Code (Ordinance )'/'0. 91-102) which includes a Comprehensive
Zoning Ordinance establishinq 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 plclnning board for the area hereby affected,
has held a public hearing aft,er notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "5" of
Section 2.2.15.3 in a "C-411 zone for automotive rental and leasing on
the property hereinafter described, and has found as a matter of fact
(Exhibit "All) that satisfactcry 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 Commissionj 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 RES~LVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
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SEP '2 ~ 199R
The petition filed by ;rohn F. Stanley representing Terry C. Krantz
and Constance E. Krantz with respect to the property hereinafter
described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "5" ot Section
2.2.15.3 of the "C-4" zoning" district for automotive rental and leasing
in accordance with the Conceptual Master Plan (Exhibit "CO) and subject
to the following conditions:
Exhibit "0" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
/'1."ltth~
and upon roll call, the vote was:
AYES:
Commissioner Constantine, Commissioner Matthews, Commissioner Hancock,
Commissioner Mac'Kie, and Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of ~otember
24th
, 1996.
.AT.rEST:
DWIGHT E. BROCK;. CLERK
BOARD OF ZONING APPEALS
::~L~~
JpflN C. ORRIS, CHAIRMAN
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AP ROVED AS TO FORM AND
LEGAL ..sUFFICIENf;Y:
\
~ Tn. fJrv," td
MARJ IE M. STUD ENT
ASSISTANT COUNTY ATTORNEY
CU-9S-l3 RESOLUTION/17783
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SEP 7 ~ 199R
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. of the Land Devlopment Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interes~ 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 e<:jress 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:
No affect or Affect mitigated by
Affect cannot be mitigated
D.
Compatibility with adjacent
property in the district:
Compatible use within
Yes
properties and other
district
No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval
DATE:
CHAIRMAN:
FINDING OF FACT CHAIRM.',N/17786
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EXHIBIT "A"
'1
SEP 2 It 1996
l'INDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PL7ITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. of the Land Development Code
authorized the conditional use.
2.
GrantiDg 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 Managem'=nt Pl')n:
YI~s -X- No
B. Ingress and eg;,ess to property and proposed
structures theJ,eon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and aCCeSs in caSe of
fire or catastrophe:
Adequate ingre"s & eSlress
Yes )( No
C. Affects neighboring properties in relation to
noi~~ glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility I<ith adjacent properties and other
property in the district:
Compatible use within district
Yes Y No
Based on the above findings, this conditional use shoul ,
with stipulations, (copy attached) ("hAil' ~ lut) be
recommended for approval
DATE:
~
{/
/6 96
/
MEMBER:
FINDING OF FACT MEMBER/17786
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SEP ? 4 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. 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 t0e nd Development Code and.
Growth Management P n:
Yes . No
I;
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control nd access in case of
fire or catastrophe:
Adequate ingress &
Yes ~
C.
Affects neighboring prop
noise, glare, economic
No affect or
Affect cannot
in relati.on to
r odor effects:
Affect mitigated b
be mitigated
D. Compatibility with adja nt properties and other
property in the distr' t:
Compatible use ithin district
Yes
f~~
Rased on the above findi
with stipulations, (co
approv 1
DATE:
FINDING OF FACT MEMBERj17786
MO, (Jon 'l' 2fiH
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SEP 2 4 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. 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:
'j
A.
Consistency with th~L nd
Growth Management PI :
Yes No
--
Development Code and
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:u ~
Adequate ingress & ~~s
Yes No
C. Affects neighboring properties in relation to
nois~glare, economic or odor effects:
~ 'No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the di~tr'ct:
Compatible use ithin district
Yes No
Based on the above findings, this conditional Use should,
with stipulations, (copy at~ched) (should not
recommended for approvell /11'(,(l1l11 L .
DATE: IS Avc- ;);(, I MEM .
FINDING OF FACT MEMBER(17786
&OO( (Jf](J" ',' 2r;U
'1
SEP 2 4 1996
F:rNDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. 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:
'j
A. Consistenc~ with the Land Development Code and.
Growth ManagernEnt,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 ingre,'s~ egress
y"s --"! No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
'" No affect: or Affect mitigated by
Aff"ct cannot be mitigated
D. Compatibility \lith adjacent properties and other
property in th" district:
Cornpatibl" use within district
Yes '", No
Based on the above findings, this conditional use should,
with stipulations, (copy attached)l(ShOUld not) be
recommended for approval ~O()J~ ,'_ .
DATE: 8\,1" l'1lo MEMB~~
FINDING OF FACT MEMBER/1~'786
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SEP 2 4 \996
F rNDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A COND::TIONAL USE PETITION
FOR
CU-96-13
The following facts are found:
1. Section 2.2.15.3.5. of the Land Development Code
authorized the conditional use.
2.
Granting the condit:onal 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:
.j
A. Consistency with the Land Development Code and.
Growth Management PIpn:
Yes ;/ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow anj control, and access in case of
fire or catastr~phe:
Adequate ingres; & egress
Ye,; V No
C. Affects neighbo~ing properties in relation to
nois~, glare, economic or odor effects:
v' No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility w:'.th adjacent properties and other
property in the district:
Compatible use~ithin district
Ye" V No
Based on the above findings, this conditional use~ou1d~
with stipulations, (copy attached) (should not) be
recommended for approval - 111/1'Ov'1r. -' /l /J7
DATE: 8;05/1(; MEMBER: I~ul j duiJ
/ ,
FINDING OF FACT MEMBER/17786
!OD( (j(J[) 'J 2'71.
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Commence .J.t the ~lr)cth'\.lc:;t corner oC 5cction 12, TO\Jnship So
South, n.:Jnqe 1~ C~~t. Collier County, Plorid~; thence run
~otJth 00.111'00" f:.):;t. .1Ionq th~ Wc~t lin~ of ~diu :;cction 12
(or 7~.00 (eeL; 1Ilctlr.c CUn North 09-19':)7" C.1~t.. p.1r..1Llt:l to
lhc UCdLh 1 ine of ~.1itl ~<:"~tion 12, for 70.00 (eet tc the point
of lH:rJ inn iOfJ. :';,11<<..1 POlot beirlf) ~itu.'ltcd .ll the point of intcr-
:;ection oE the Southerly right-ot-wilY line of Sti\tc noad 04
(Djvi, Ooulcvjrd) jn~ the C~5terly right-oC-way line of State
l1o~d rlo. OJO Udrport 110ad); thence run Horth 0?'l?'S7" [a,t,
~lonq the ~Qutllcrly riqht-o(-w~y line of ~tatc ncad No. 84,
(or 100.00 feel; thence (un ~otJth 00.10'00" J:..l~t, p.lr.'lLlcl to
tJle Wc~t line of :;~i(j 5cction 12, [or 200.00 feet; thence run
~outh 09.19':)7~ \~C5t, pJrallcl to the North line of ~aid Sec-
tion 12, for 200.00 feet to a ooint on the Caoterly right-of-
\Jay line of ~tate 110.1d 110. 050; thencc run llorth 00.10'00'
We,t, along oaid right-of-\Jay linc, for 200.00 feet to the
point of beginning. Lying and bcing situated in thc Horthwc3t
QUilrtc:- ua.Jld of Section 12, Town~hip 50 South, n.J.ngc 25 E~13t,
Collier CO\Jnty. rlorida.
In the cvcnt of ~ny diocrep~ncy bctween thc bearing' u,cd
herein ~nd the actual loc<<tion~ of the right~-of-way of 5t~to
l10ad 110. 04 and State 110ad 110. 050, it 13 thc intent of tho
pnrtlc, hercto th,lt the land, dC3cribed hcrein chall 'abut tho..
right'-0f-~ay of 2~id road,.
EXHIBIT "B"
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(S.R. ~4)
SEP '( 4 1996
AGREEMENT
I, John F. Stanley, as authorized agent for Petition
CU-96-13, agree to the following stipulations requested by the
Collier County Planning Commission in their public hearing on
August 15, 1996.
Planninq services:
a. The Current Planning Manager, may approve minor changes
in the location, siting, or height of buildings,
structures, iH. j improvements authorized by the
conditional use. Expansion of the uses identified and
approved wi thin this conditional use application, or
major changes to the site plan submitted as part of
this application, 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 Division 3.3, Site Development
Plan Review and approval, of the Collier County Land I,
Development Code, Ordinance (91-102).
b. No trucks shall be stored or parked outside of the
areas designated as "truck/trailer storage area" on exhibit "C".
c. The applicant must submit a Site Improvement Plan for
approval within 60 days of the Conditional Use
approval.
PETITIONER OR AGENT
state of Florida
County of Collier
The foregoing Agreement
this day of
who is personally known
as
Sheet was acknowledged before me
, 1996 by
to me or ~ho has produced
identification and who did (did not)
take an oath.
(Signature of Notary Public)
NOTARY PUBLIC
NOTARY PUBLIC
Commission #
My Commission Expires:
Exhibit "0"
~CO( 000 r:", 211
"
SEP 2 4 1996
state of Florida
County of Collier
The,;:)(~rJ-~oing Agreement S~eet was acknowledged before me
this - day of GJJ;&u:::t-, 1996 by
who is personally known 0 me eJ: ..!.~ Lu~ t'.L~duo,=d
--as-identificaticl. and- who cttd- (did not)
~~,{1_0 .11. '11IG~J+~
(Signature of Notary Pub11C) .~
, " / /-4-: LL-__
(/ (' , rA.. <-- .J. . . .. '.n SEAL 1
ARY PUBLIC CECIW. K 1.!/,KllN 1
r-:arARY PUllllC STATE Cl' H.rJ~lIjAI
CO~M;SSIO;. NO. CC451612 '
P. Al'X 17.19".
take an oath.
Commission I
My Commission
~COK 000 ':: 2'7;)
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