Resolution 2013-212 RESOLUTION NO. 13-212
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA DETERMINING THAT A CAR
RENTAL USE IS A COMPARABLE AND COMPLIMENTARY USE
WITHIN THE GERMAIN TOYOTA COMMERCIAL PLANNED
UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 1.A.2 OF
ORDINANCE NUMBER 08-60. THE SUBJECT PROPERTY IS
LOCATED ON THE WEST SIDE OF TAMIAMI TRAIL NORTH AND
SOUTH OF WIGGINS PASS ROAD IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
[ZLTR-PL201300001117]
WHEREAS, the Legislature of the State of Florida in 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 (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development(PUD);and
WHEREAS, on October 14, 2008, by Ordinance No. 08-60, the Board of County
Commissioners of Collier County approved a Commercial Planned Unit Development(CPUD)known
as the Germain Toyota CPIJD for the subject property;and
WHEREAS, Section 1 of Exhibit A of the Germain Toyota CPUD provides for certain
permitted uses, including Subsection 1.A.2, "any other principal use which is comparable or
complimentary in nature with the foregoing list of permitted principal uses as determined by the BZA
by the process outlined in the PUD";and
WHEREAS, the Petitioner, Germain Properties of Columbus, Inc., requested a determination
as to the property described in Exhibit A that a rental car use is a comparable and complimentary use to
the permitted uses of the CPUD; and
WHEREAS, the Zoning Services Section Manager opined "a rental car use is comparable to and
complimentary in nature with a motor vehicle dealer for new and used automobiles and passenger cars"in the
CPIJD by Zoning Verification letter dated June 3,2013,attached as Exhibit B;and
WHEREAS, staff requests an affirmation of the Zoning Services Section Manager by the Board of
Zoning Appeals that a rental car use is a comparable and complimentary use within the Germain Toyota
CPUD according to Section 1.A.2 of the CPUD;and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
Germain Toyota CPUD 1 of 2
8/26/13
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the Board having considered granting the request by Germain Toyota as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COWER COUNTY,FLORIDA,that as to the property described in Exhibit A:
The Zoning Verification letter dated June 3, 2013 is affirmed; and a rental car use is a comparable
and complimentary use of permitted uses within the Germain Toyota CPUD according to Section 1.A.2
of the CPUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this `f day of
Sep kmn , 2013.
ATTEST: BOARD OF ZONING AP EALS
DWIGHT E. BROCK, CLERK COL E O 1 T , F ORIDA
G�
Bye L,°..-. - gy;
Attst ' • '' GE•RG •, • .`= LLER, ESQ.
- signature o :
Chairwoman
Appro''ed`as;to farm and legality:
L6.4.4_,./LDILO \-4-ot _Pc(--k.,\O)
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A-Legal Description
Exhibit B-Zoning Verification Letter
13-CPS-01253/6
Germain Toyota CPUD 2 of 2
8/26/13
Exhibit A
LAND DESCRIPTION AS FURNISHED BY CLIENT
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 16,TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE RUN SOUTH 00°36'52"EAST ALONG THE EAST LINE OF
THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 490.30
FEET; THENCE RUN SOUTH 88°07'30" WEST, PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF
182.27 FEET TO A POINT OF THE WESTERLY RIGHT-OF-WAY LINE OF STATE
ROAD NO. 45 (TAMIAMI TRAIL)AS THE SAME IS SHOWN ON THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR
STATE ROAD NO. 45, COLLIER COUNTY, SECTION 03010 2519 SHEET 2 AND
THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE RUN SOUTH 01°00'30"EAST ALONG THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88°59'30" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01°04'15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00°50'88"WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88°07'30"EAST PARALLEL WITH THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SAID SECTION 16 FOR A DISTANCE OF 578.33 FEET
TO THE POINT OF BEGINNING, CONTAINING 13.1 ACRES, MORE OR LESS.
AGNOLI, BARBER& BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
WAYNE D. AGNOLI, R.S.M. NO. 5335
REF. ABB FILE NO. 8834
W-06-0059G.DE S/PN04-0112
Co ffer Col my
Growth Management Division - Planning & Regulation
Department of Planning &Zoning -Zoning Services Section
June 3, 2013
Mr. David Fisher
Hertz Corporation
13500 Tamiami Trail North
Naples, FL 34110
Re: Zoning Verification Letter (ZLTR-PL201300001117) regarding property 13315
Tamiami Trail North (Folio Number: 155000007).
Dear Mr. Fisher,
In your application found sufficient on May 31, 2013, you asked for staff to confirm that a
rental car facility is a permitted use on the subject site.
From the information contained in your application, the subject site is zoned as the
Germain Toyota Planned Unit Development (PUD) as amended in Ordinance Number:
08-60 (see attached). Because this PUD was specifically approved only as a motor
vehicle dealer (new and used -SIC #5511), the proposed rental car use (SIC #7514) is
not specifically listed as a permitted use at this location.
However, Section 1.A.2 of the PUD does permit any other principal use which is
comparable or complimentary in nature with a motor vehicle dealer as determined by the
Board of Zoning Appeals (BZA). Based upon staffs review of the Standard Industrial
Classification (SIC) manual, a rental car use facility is identified as SIC number 7514
which falls under Major Group 75 - Automotive Services. This use group permits
passenger car rentals and leasing which can be an accessory use to an auto dealership.
As a result, staff is of the opinion, subject to BZA approval, that the proposed rental car
use is comparable to and complimentary in nature with a motor vehicle dealer for new
and used automobiles and passenger cars.
In accordance with Section 1.A.2 of the Germain Toyota PUD, your request will be
forwarded to the BZA for approval of Staffs opinion. You will be apprised of the hearing
date and advertising fees as soon as possible. Please note that Staffs opinion is not
binding on the BZA.
Department of Planning&Zoning•2800 North Horseshoe Drive•Naples,FL 34104•239-252-5603
Exhibit B
Page of_sa_
Mr. Fisher
RE: ZLTR-PL-2013000111 7
Please be advised that the information presented in this verification letter is based on the
Collier County Land Development Code and/or Growth Management Plan in effect as of
this date. It is possible that subsequent amend(s) to either of these documents could
affect the validity of this verification letter. It is also possible that development of the
subject property could be affected by other issues not addressed in this letter, such as,
but not limited to, concurrency related to the provision of Adequate Public Facilities,
Environmental Impact, and other requirements of the Collier County Land Development
Code or related ordinances such as the Building Code.
Should you require further information concerning this matter, please do not hesitate to
call me at (239) 252-2484.
Sincerely,
Raymond V. Bellows, Zoning Services Section Manager
Department of Planning and Zoning
Cc: Mike Bosi, AICP, Interim Director
Fred Reischl, AICP, Senior Planner
Laurie Beard, PUD Monitoring
2
Exhibit B
Page of_111,
,c.a;