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Resolution 2017-119 RESOLUTION NO. 17- 1 19 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN AUTO SUPPLY STORE WITH OVER 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE (SIC CODE 5531) WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.1.c.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY CONTAINING 1.24 ACRES ON LOTS 12-18, SOUTH TAMIAMI HEIGHTS SUBDIVISION IS LOCATED ON THE SOUTHWEST CORNER OF US 41 AND SEMINOLE AVENUE, IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PL20150001611) 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 (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 of an auto supply store with over 5,000 square feet of gross floor area in the principal structure (SIC Code 5531) within a Commercial Intermediate (C-3) Zoning District pursuant to Section 2.03.03.C.1.C.20 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings 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 10.08.00.D. of the Land Development Code; 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. [16-CPS-01602/1342905/11123 CU-PL20150001611 6/2/17 Page 1 of 2 CA NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PL-20150001611 filed by Peter Pensa, AICP of Avid Group, representing Epic Retail Seminole, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use for an auto supply store with over 5,000 square feet of gross floor area in the principal structure (SIC Code 5531) within a Commercial Intermediate (C-3) Zoning District pursuant to Section 2.03.03.C.1.C.20 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. 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 0714 of 111 , 2017. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BR( K, CLERK COLLIE' C 0 TY, FLORIDA B /A# ' htteSt as � putyClerk PENNY T� f OR, Chai 1' '�_ , �:� signature' ; Approved as to form and legality: Heidi Ashton-Cicko k Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C —Conditions of Approval [16-CPS-01602/1342905/1]123 CU-PL20150001611 6/2/17 Page 2 of 2 Cq EXHIBIT A LEGAL DESCRIPTION LOTS 12, 13, 14, 15, 16, 17 AND 18, BLOCK A, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1) EXHIBIT B U>T 2' / \ r„ ZONING C12 `� // ,,"y ?o FLU UR b //////� \ `"Cr 15'TYPE D LANDSCAPE BUFFER // / FUTURE CROSS-ACCESS 20 G// y% 9BEXISTING ACCESS TO BE CLOSED �c a.T4 SA hLO A �:61r.' '° r �GpPROPOSED SIDEWALK \ NDSCAP \ / 3 1 ~�� < c9 10'TYPE A a £?.. s A WACCNI \ PN,'- f;( D 'fIT: T#LONING C3/ o 8 z cx e s' \ � �., // VT H1 FLU UC / -y ,\ EXISTING \ �,,// ,, • SIDEWALK / PROPERTY LINE \ // , // ` / �,, , \ 15'COUNTY UTW TV EASEMENT \ / dr PROPOSED -I `. 4 10'TYPE D LANDSCAPE BUFFER \�✓ 1 STORY BUILDING • f W/FENCE OR WALL PER CODE \ 8,000 SF • G 1 b ZONING RSF-4 Vt.,' V .. �14`�F�9 . 116 13,%�y9TtT` / FLU UC LF 'L'r + �9 of\ \ v,.. ili. •.,4- 2 ,, )/'-'7 <`‘,C, • U `MP �'Z .„ c, , PROPOSED1.,\,.... . . ZONING C-3 EXISTING DUMPSTER � t60 FLU UC PAD LOCATION ! 'A 21 '`��� SINGLE 10'TYPED LANDSCAPE BUFFER FAMILY ., S HOUSE _ .—. _f _ •e�1 PROPOSED 5'SIDEWALK _E k75 IL AVE'NU? ASPIC R PAVE F_W P R74 STOP SIGN W/2 STOP BAR ._...._._—..___Ltp'P�/f�l(C RIGHT OF WAY) --.-,/� 10 TYPED LANDSCAPE BUFFER LINE OF SIGHT WI FENCE OR WALL PER CODE ZONING MH TYP VIE DATA FLU UC PROPERTY OWNER: PROPERTY LOCATION: SCHERER,WILLIAM C.AND IRENE K. 3608 TAMIAMI TRAIL E 19218 EASTWOOD DRIVE NAPLES,FL 34112 HARPER WOODS,MICHIGAN 48225 PARCEL NUMBER: PROPERTY DEVELOPER: 74410400006,74410380003,74410360007 EPIC RETAIL 41 SEMINOLE,LLC ZONING: FUTURE LAND USE: C-3(COMMERCIAL INTERMEDIATE DISTRICT) URBAN MIXED USE DISTRICT UC(URBAN COASTAL FRINGE SUBDISTRICT) LEGAL DESCRIPTION: LOTS 12,13,14,15,16,17 AND 18,BLOCK A,SOUTH TAMIAMI HEIGHTS,AS RECORDED AND PLATTED IN PLAT BOOK 3,PAGE 44,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 0' 80' 160' BUILDING SETBACK REQUIREMENTS: LANDSCAPE BUFFER REQUIREMENTS: © FRONT: 50%OF BLDG HT NOT LESS THAN 25 FT TAMIAMI TRAIL: 15 FT TYPE"D" SIDE: 50%OF BLDG HT NOT LESS THAN 15 FT SEMINOLE AVE: 10 FT TYPE"D" Q REAR: 50%OF BLDG HT NOT LESS THAN 15 FT TAMIAMI LANE: 10 FT TYPE"D" SCALE: 1" = BO' NW(COMMERCIAL): 10 FT TYPE"A" PROPERTY USE: EXISTING: PROPOSED COMMERCIAL-RETAIL SERVICES COMMERCIAL•AUTO PARTS STORE MISCELLANEOUS(SIC#7629.7631,7699) (AUTO AND HOME SUPPLY STORES(SIC#5531)) FORMERLY A CONVENIENCE STORE W/GAS PUMPS (GASOLINE SERVICE STATIONS(SIC#5541)) PARKING(REQUIRED): PARKING(PROPOSED): 1 PARKING SPACE PER 250 SF OF FLOOR AREA STANDARD PARKING SPACES=30 8,000 SF/250 SF=32 SPACES REQUIRED HC SPACES=2 TOTAL PARKING SPACES=32 NC SPACES REQUIRED:2 STANDARD STALL SIZE=9'x 18' PROPOSED BUILDING HEIGHT: HC STALL SIZE=12'x 18' 22'-4"+/-(50'ALLOWED) CIVIL ENGINEERING 2300 CURLEW ROAD STE 20) O'REILLY @ US 41 & SEMINOLE AVE. LAND PLANNING PALM HARBOR,FLORIDA A Q TRAFFIC/TRANSPORTATION 34683 CONCEPTUAL SITE PLAN SURVEYING GIS PHONE AVDGROURCOM9500 COLLIER COUNTY, FLORIDA GROUP® revised 6/2/17 K:\PROJECTS\300\319018\DWG\CURRENT\PLANNING\319018-SITE PLAN 8.5 X 11.DWG , 6/2/2017 ..-„ EXHIBIT C Conditions of Approval 1. The principal structure shall be limited to 8,000 square feet of gross floor area. 2. No repair bays are allowed. 3. There shall be no delivery traffic on Tamiami Lane. 4. All other applicable state or federal permits must be obtained before commencement of the development. 5. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. [16-CPS-01602/1342908/11125 '