Resolution 2008-291
RESOLUTION NO. 08-291
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
LIQUOR STORE IN EXCESS OF 5,000 SQUARE FEET IN THE
COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH
A SPECIAL TREATMENT OVERLAY (C-3ST) PURSUANT
TO SUBSECTION 2.03.03.C.1.c.17 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED AT 6800 COLLIER BOULEVARD, 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 Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
ofthe 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 (Board), 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
for a liquor store in excess of 5,000 square feet in the Commercial Intermediate Zoning District
with a Special Treatment Overlay (C-3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier
County Land Development Code on the property hereinafter described, and the Collier County
Planning Commission has made findings as described in Exhibit "A" 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 1O.08.00.D. of the Land Development Code; and
Page 1 of3
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 Number CU-2007-AR-12419, filed by Heidi K. Williams ofQ. Grady Minor
and Associates, P.A., representing ABC Liquors, Inc., for a project to be known as ABC Fine
Wine and Spirits, with respect to the property hereinafter described in Exhibit "B", be and the
same is hereby approved for a Conditional Use for a liquor store in excess of 5,000 square feet
within the Commercial Intermediate Zoning District with a Special Treatment Overlay (C-3ST)
pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code, in
accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions
found in Exhibit "D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by
reference.
This Resolution supersedes Resolution No. 2005-400.
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 cJ..3 day of
J~w ,2008.
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Attest ..! to'
11....... _
::"
By:
Page 2 of3
Approved as to form
and legal sufficiency:
iLL A [10 VJ~V
Heidi Ashton-Cicko
Assistant County Attorney
Exhibits attached:
A.
B.
C.
D.
CP: 08-CPS-00866\Reso\Rev 81108
Findings of Fact
Legal Description
Conceptual Site Plan
Conditions
Page 3 of3
.,
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12419
The following facts are found:
1. Section 10.08.00.D 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:
Yes ~o
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 ~ffect mitigated ~ '1 ~c) ,-1), po -,) h J
_ Affect cannot be mitigated S' ~ 'Jl!. fJ
Compatibility with adjacent properties and other property in the district:
D.
Compatible use within district
Yes ~o
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 8' /? /o~
I /
COMMISSIONER: (
.,
Exhibit A
(/OF'I)
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12419
The following facts are found:
1. Section 1 O.08.00.D 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 wit~e 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 ing7es & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effecy
L No affect or _ Affect mitigated
_ 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.
DATE: ,...?,.O'
COMMISSIONER:
(.
2. G,J,.- cl
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12419
The following facts are found:
1. Section 10.08.00.D 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 witlJthe 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 ingres,s & egress
Yes / No
C. Affects neighboring properJ;ies in relation to noise, glare, economic or odor
effects: /
No affect or -.i Affect mitigated
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use 7ithin district
Yes J No
Based on the above findings, this conditional use should,
(should not) be recommended for approval.
DATE 811/05
! ,I
stipulations, (copy attached)
COMMISSIONER:
.3 L,l- "\
iIlil~-"""'-"'-"'-~~
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12419
The following facts are found:
1. Section 10.08.0D.D 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 ingress & egress
Yes V' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated l?, ~ v- ~kD + vJ~_
_ 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.
COMMISSIONER:Jtj cui,
pAt~
B -' 1 ,09
DATE:
Li ~J- '1
,...._~...._A.M_'''.''_,_~,_",';__.__ .. MI. P' I J U
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
. ($
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CU-2007 -AR-12419
The following facts are found:
I. Section 10.08.00.D 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:
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
YesL No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or L Affect mitigated
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes I No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: 'i!7I{)~
COMMISSIONER: A_Ptl-11 rlL-, ~.e C( (! ~
.
s vi- ~
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-'" I..L afl'
The following facts are found:
1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development
Code authorized the conditional use.
.., 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
YesL 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 properties and other property in the district:
Compatible use within district
Yes-.JL! No_
Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:jJ,'io'.l>' MEMBER:~ ~
exHIBIT A
Cd d ,\
7A (IS ~(/ l.
~t/ tJ rr/C.;? ~c:/~?1"
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2007-AR-12419
The following facts are found:
1. Section lO.08.00.D 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:
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
Yes../ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-L No affect or _ Affect mitigated
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ...I No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE: Y. 7.. Cl r
COMMISSIONER:
~qt!-
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'.
Legal Description
ABC Fine Wine & Spirits
PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER
OF SECTION 3, TOWNSHIP 51 soum, RANGE 26 EAST, COLUER COUN1Y FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS fOLLmvs.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTIfWEST QUARTER OF
SECTION 3. TOWNSHW S I SOUTH, RANGE 26 EAST, COWER COUNTY FLORIDA.
THENCE RUN N 89 DEGREES 23' 53~ W, ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTlON J, FOR A DIST ANCB OF 324.27 FEET TO A POINT ON mE
EAS"fERLy RlGHT OF WAY UNEOFCOUNTY ROAD9Sl (C.R-.9;l); nlENCERUN S3S
DEGREES 40'Og" 'N, AWNG SAID EASTERLY RJGHT OF WAY LINE, FOR A DISTANCE
Of.881.72 FEET TO 11IE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S 54 DEGREES 20'16" E FOR A DISTANCE OF 439~9S FEET;
mENCE R.UN S lS DEGREES 39'44" W FOR A DISTANCE OF ) 90.00 FEET; THENCE RUN
N S4 OEOREE3 20'16" W FOR A DlST ANCE,QPl$l.29 FEET THENCE RUN N 02 DEGREES
12'01" E FOR A DISTANCE OF 24.1-i(~i~~:a~ N 54 DEGREES 33'42" W, FOR A
DISTANCE OF 201.10 FEETi TI}~~)ttIN N 35 OnGR~,40'36"E FOR A DISTANCE OF
I 8.22 PEEr; THENCE RUN~, N 4~IilORF.ES 19'24".,W, FdR:'A DlSTANCE OF 73,95 FEET TO
A POINT ON SAID EAST Y~~tu. Uf'.WA.Y.V~E Or~OWNTY ROAD 9S I; TIfENCE
RUN N 35. DE. G RBES 40:, ,..~... I , A,LO~S: D ,STE, .,'V 1u.. OHT OF WAY FOR A
DrST ANCE OF 148.39 FEet T ,V ' ' ... 01:1 lliE PARCEL OF LAND
DESCRIBED HEREIN. I J \ \ ",j, i i.....
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ALL OF GRANTOR'S RIGHT,.1T)T{.E ^" NO, lNTERit,St ~,'AND 10 TIIATCERTAIN
DBCLARATlON OF REClf'R~ij:,WEMf.l'.CJ."&< ~~(>' RF..sTR1CTJVe COVENANTS
RECOlIDED IN OFFICIAL RECORDS.~3~1'i!j;;PAGE 2889, AS AMENDEDBYnlA T
FIRST AMENDMENT TO REClPROCALIfASa;fBNTS AND RESTRICTIVE COVENANTS
RECORDED [N OFFICIAL RECORDS nOOK 3801 AT PAOI::39S7, AS FURTHER-AMENDED
BY THAT SECOND AMENDMENT TO RECIPROCAL EASID.IfENTS AND RESTRICTIVE
COVENANTS RECORDED IN OFFfCIAl. RECORDS BOOK 4107 AT PAGE 81 I, ALL AS
RECORDED AMONG THE PUBUC RECORDS OF COLLIER OOtThTY, FLORIDA
EXHmIT "B"
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CONDITIONS OF APPROVAL
CU-2007-AR-12419
September 18, 2008
1. The Conditional Use is limited to what is shown on the Conceptual Site Plan,
identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady
Minor & Associates, P.A. and dated August, 2007.
2. This Conditional Use shall only allow liquor stores (SIC 5921) with more than
5,000 square feet of gross floor area in the principal structure, limited to a
maximum of 12,000 square-feet of gross floor area.
3. The applicant must abide by the terms of the Developers Contribution Agreement,
US-41 Developers' Consortium, approved by the Board of County
Commissioners on November 13, 2007, or as it may be amended.
4. The developer shall comply with buffering requirements of Resolution No. 02-
422, Exhibit B.
5. No deliveries shall be permitted between 10 p.m. and 7 a.m. Trucks having more
than two axles shall only make deliveries to the subject property from 9 a.m. to 4
p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on
weekends.
6. The opening of the easternmost interparcel access connection depicted on the site
plan shall be contingent upon an agreement by that property's owner.
Notwithstanding Condition No.5 above, trucks having more than two axles shall
not be allowed without this interparcel access connection.
7. The existing eight-foot wall shall be continued adjacent to the residential portion
of the Falling Waters PUD up to the point where the self-storage is located, and
shall be constructed of any material permitted by the Land Development Code
other than wood.
8. No public entrances shall be permitted on the eastern/southeastern side of the
proposed building.
9. Parking for delivery trucks shall be limited to the side of the building facing CR
951 or the side of the building facing south, towards the existing CVS Pharmacy.
Exhibit D