Backup Documents 09/24/2013 Item #17AZLTR— PL201300001117 9 -24 -13
COLLIER COUNT) GERMAIN TOYOTA CPUD
REQUEST FOR LEGAL ADVERTISh. _ _ _ _ _
7
To : Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Adv., Location, etc.)
Originating Dept /Div: OMD /Planning & Zoning Person: Fred Reischl, AICP, Senior Planner
Date: August 28, 2013
Petition No. (If none, give a brief description): PL20130001117
Petitioner: (Name & Address): David Fisher; Hertz Corporation; 13500 Tamiami Trail North; Naples, FL 34110
Name & Address of any person(s) to be notified by the Clerk's office:
(if more space is needed, attach separate sheet)
Hearing before BCC X BZA Other
Requested Hearing date: 09/24/2013 (Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News Account #068779 Other Legally Required
Purchase Order No. 4500140024
Proposed text: (include legal description & common locations & size: Legal Section Non -Legal Section
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? x Yes No. If yes, what account should be charged for advertising costs
131 - 138326- 649100 -00000
Reviewed By:
Date:
Division Administrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: if legal documents is involved, be sure that any necessary legal review, or request for same, is submitted to County
Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division Original
B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file.
B. FOR CLERK'S OFFICES �(�..
Date Received K'—a~ — C. /� �} 13 Date of Public Hearing l �y 6 ��� Date Advertised 9—+10a
17
Ann P. Jenneiohn
From: Reischl, Fred
Sent: Wednesday, August 28, 2013 9:50 AM
To: Minutes and Records
Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Wells,
Laura
Subject: ZLTR- PL20130001117 Germain Toyota
Attachments: BCC Ad Request.docx; CURRENT Resolution - 082613.pdf
Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for
approval prior to processing.
Thanks!
Fred
M M"
5
f ,lndor ; jo,ida La.x, c lrai adri- sses afe .3ut;k nw: oi'ds. If you do no b "dart, l'w e- ma-,,l address irei ;cased in response to a public, Y(Icord s ii; -le' xt; do .'17t
of ;,cim3l C rrail to this entity. 'nst
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NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013 in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will
consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed
Resolution is as follows:
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 2S East, Collier County, Florida. [ZLTR- PL201300001117]
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.,
CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
17
RESOLUTION NO. 13-
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.
IZLTR- PL2013000011171
WHEREAS, the Legislature of the State of Florida in Chapter 1.25, 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. 0441, 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 CPUD 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, Gennain 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
CPUD 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 l .A.2 ofthe 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 I of 2
8126!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
COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit A:
The Zoning Verification letter dated June 3, 2013 is affinned; and a rental car use is a comparable
and complimentary use of permitted uses within the Germain Toyota CPUD according to Section I.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 day of
12013.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Legal Description
Exhibit B — Zoning Verification Letter
13-CPS-07253/6
Germain Toyota CPUD 2 of 2
8/26/13
17A.
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 00 036'52" EAST ALONG THE EAST LINE OF
THE SOUTHEAST 114 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 114 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 03110 2519 SHEET 2 AND
THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE RUN SOUTH 01 000'30" EAST ALONG THE WESTERLY RIGHT -OF-
WAY LINE OF STATE ROAD NO, 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88 059'30" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01 004'15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00 050'88" WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88 007'30" 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. DES/PN04 -0112
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t4ie;'- - r qty
Gcvvth I �k' F-,, &
")
'eparz� �71 erul--' of Planning & Zon mz,, Servk,,es
June 3, 2013
Mr. David Fisher
Hertz Corporation
13500 Tamiami Trail North
Naples, FL 34110
Re: Zoning Verification Letter (ZLTR- PL201 300001 1 1 7) 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 I.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
ExWbit B
Page Of-A . .....
Mr. Fisher
RF,.- ZLTR-PL-20130001117
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, AICR Interim Director
Fred Reischl, AICP, Senior Planner
Laurie Beard, PUD Monitoring
U1104B
17 1
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Acct. #068779
August 28, 2013
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: ZLTR- PL20130001117, Germain Toyota CPUD
Dear Legals,
Please advertise the above referenced notice on Wednesday, September 4, 2013
and send the Affidavits of Publication, in Duplicate, together with the charges
involved to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500140024
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0
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013, in the
Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Tamiami Trail East, Naples FL, the Board
of Zoning Appeals (BZA) will consider the enactment of a Resolution.
The meeting will commence at 9:00 A.M. The title of the proposed
Resolution is as follows:
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- PL20130001117)
A copy of the proposed Resolution is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County manager prior to presentation of the agenda item to
be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of any individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written material
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All materials used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
17 A &
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239) 252-
8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
CLERK OF THE
Dwight E. Brock COLLIER CO UI�%
r
Clerk of Courts 3315 TAMIAMI TRL E STE 102
NAPLES, FLORIDA
34112 -5324
August 28, 2013
David Fisher
Hertz Corporation
13500 Tamiami Trail North
Naples, FL 34110
of Collier
PR QUIT COURT
PR
Y C06P THOUSE
P.O. BOX 413044
NAPLES, FLORIDA
�Z 34101 -3044
Re: Petition ZLTR- PL20130001117, Germain Toyota CPUD
Dear Petitioner:
17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised the above referenced petition will be considered by the Board
of County Commissioners, as Board of Zoning Appeals on Tuesday, September 24,
2013, as indicated on the enclosed notice. A legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 4, 2013.
You are invited to attend this public hearing.
Sincerely,
DW�IG�HT E. BROCK, CLERK
//
Ann Jenne-j ,
Deputy Clerk
Enclosure
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkkcollierclerk.com
17A
Ann P. Jennejohn
To: legals @naplesnews.com
Subject: ZLTR- PL20130001117, Germain Toyota
Attachments: VAC- PL20130001117.doc; ZLTR- PL20130001117.doc
Hi there,
Please advertise the attached on
Wednesday, September 4, 2013.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Ann P. Jennejohn
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, August 28, 2013 3:49 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS1C7Cjpg
Hey there Ann!
Hope today's a good one for you...
Please provide approval ASAP for publication on 09.04.13.
Thanks ... enjoy your evening!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
08/28/13
Publication
NDN
Account Number 744102
Ad Number
1999611
Total Ad Cost
$259.38
i
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Germain Toyota CPUD
ZLTR- PL201320001117
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of
County Commissioners Meeting Room, Third Flour, Collier Governmprit Center,
3299 Tamiami Trail Ease, Naples FL, the Board of Zoning Appeals (BZA) Will consider
the enactment of a Resolution. The meeting will commence at 9 :00 -A.M• The title
of the proposed Resolution is as follows:
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 15 LOCATED ON THE WEST SiDE Of TAMIAMI TRAIL
NORTH AND SOUTH OF WIG61NS PASS ROAD IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA. (ZLTR- PL20130001'l 17)
A cop of the proposed Resolution is an file with the Clerk to the Hoard and is
available for inspection. All interested pi+rties are invited to attend and be heard.
MOTE: All persons wishing Ito speak on any agenda item must re ist;er with the
Count manager prior to presentatlon of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes or) any item. The selection of any
individual io speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization rrray be
allotted 10 minutes to speak on an itenn.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing, In any case, written material intended to be considered by the
k card shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
wilt become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertal ping thereto and therefore, ma need to ensure that a ver-
baatim record of the proceedings is made, which recort 'iincludesthe testimony and
evidence upon which the appeal is based,
If you are a person with a disability who needs any accommodation in order to
participate in this proceedinggr you are entitled at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
DepartxT 'vent, located at 3335 Tamiami 'Trail East, Suite *101, Naples, Fl- 34112 -5356
(239) 252.8380, at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Hoard of County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BR 7CK, CLERK
By:Ann lennerahn. Deputy Clerk
(SEAL)'
September 4, 2013 . No. 199'5611
17 a
Ann P. Jennejohn
From: Reischl, Fred
Sent: Thursday, August 29, 2013 8:26 AM
To: Ann P. Jennejohn; Neet, Virginia
Cc: Rodriguez, Wanda
Subject: RE: Ad Confirmation
Thanks Ann... looks good from my perspective, let's see what the legal eagles say.
- - - -- Original Message---- -
From: Ann P. Jennejohn [mailto:Ann.Jenneiohn @collierclerk.com]
Sent: Thursday, August 29, 2013 8:23 AM
To: ReischlFred; NeetVirginia
Cc: RodriguezWanda
Subject: FW: Ad Confirmation
Good Morning!
Please review the attached legal ad; ZLTR- PL20130001117, the Germain Toyota CPUD /Car Rental Comparable Use
Petition that will be advertised next Wednesday, September 4th , for the Board's September 24th Meeting, and
send your O.K.
a.s.a.p. (provided it looks o.k. of course)
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fox)
- - - -- Original Message---- -
From: Polidora, Carol [ mai Ito: cpolidora @naplesnews.com]
Sent: Wednesday, August 28, 2013 3:49 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Hey there Ann!
Hope today's a good one for you...
Please provide approval ASAP for publication on 09.04.13.
Thanks ... enjoy your evening!
Carol
17A
Ann P. Jennejohn
From:
Neet, Virginia
Sent:
Thursday, August 29, 2013 8:37 AM
To:
Ann P. Jennejohn
Cc:
Ashton, Heidi; Reischl, Fred
Subject:
RE: Ad Confirmation
Ann:
Heidi is out today. The ad title is correct and the rest of the ad looks good.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
- - - -- Original Message---- -
From: Ann P. Jennejohn [mailto: Ann .Jennej- ohn @collierclerk.com]
Sent: Thursday, August 29, 2013 8:23 AM
To: ReischlFred; NeetVirginia
Cc: RodriguezWanda
Subject: FW: Ad Confirmation
Good Morning!
Please review the attached legal ad; ZLTR- PL20130001117, the Germain Toyota CPU[)/Car Rental Comparable Use
Petition that will be advertised next Wednesday, September 4th , for the Board's September 24th Meeting, and
send your O.K.
a.s.a.p. (provided it looks o.k. of course)
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
17A
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
------ - - - - -- ------------------------------ +------------------ - - - - --
BCC /ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E 4700
NAPLES FL 34112
REFERENCE: 068779 4500140024 e
59727494 NOTICE OF PUBLIC NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013, in the Board of
State of Florida County Commissionqers Meeting Room, Third Floor, Coljier Government rCenter,
3299 amlami Trail East, Naples F4 the Board of Zoning Apperllrs (B� will consider
County of Collier the enactment of a Resolution. The meeting will commence at 9:oq A:M: The title
of the proposed Resolution is as follows:
Before the undersigned authority, per ;A RESOLUTION OF THE 'BOAR D OF ZONING APPEALS OF- COLLIER COUNTY,
appeared Robin Calabrese who On Oath Si FLORIDA, DETERMINING THAT A CAR RENTAL USE IS A COMPARABLE AND
COMPLIMENTARY USE WITHIN THE GERMAIN TOYOTA COMMERCIAL PLANNED
She serves a s the Advertising Director i UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 1.A.2 OF ORDINANCE NUMBER
08 -60. THE SUBJECT PROPERTY IS t.00ATEQ ON THE Y1NY��ST S[JB Of fAMIAMI TRAIL
Naples Dail News a Bail newspaper u] NORTH AND SOUTH OF WIGGIN$•PASS ROAD 1N'SECf1CN 16; IFOWNSHIP 4B
P Y Y P SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (ZLTR- PL20130001117)
Naples, in Collier County, Florida: thi A copy of the proposed'Resolution is. on 'file with the 'Clerk t° the Board and is
attached copy Of advertising Was publis] available for inspection. All interested parties are invited to attend and be heard.
newspaper on dates listed. NOTE: All persons wishing to speak on any agenda item Oust register with the
Counttyy manager prior to presentation ' o the agenda Item "to be, addressed.
Af f iant further says that the said Na] Individual to speak will be limned to 3 minutes ti any item. The selection d. any
individual to s eak on behalf of an organization or group is encouraged. If
News is a newspaper published at Naples recognized by the Chairman, a spgWesperson fora group or organization may be
allotted 10 minutes to speak on an item.
Collier County, Florida, and that the Si Persons wishing to have written or graphic materials included in the Board agenda
pa t, must submit said material a miW!n m of 3 weeks prior to the r ive
newspaper has heretofore been continuous ppiune hearing. in any case; - written material thtended to be considered the
Beard,shall be submitted to the appropriate County gaff a minimum of seven flays
published in said Collier County, F 1 or i (prior to the public hearing. All materials used in presentation3, before tshe Board
day and has been entered as second clas "I'l . me�.peN"aner,# part °t e>e`o"&
.
Any person, who decides to +apeoj ,only 4"'on of the "wd Willi k.048 record of
matter at the post office in Naples, in the .oroceedsngs ppeertain tharo and therefore, may need to, ensure that a ver-
batim'record of the pprro rlf }de Which tec r& includes `the testimony and
Collier County, Florida, for a period of evidence upon which the ap. L. I
next preceding the first publication of If ypu ;area person with a disc Ity, `+Pho needs arsy` accommodation to glder to
partrir a in tfii proceeding )ou aT6<entitt0 ,at n0 Lost to yo t° the prWhion
attached copy of advertisement; and aff� °f can assistance. Please contact -the Collier torurty F�litttgs Man meet
Department, hated at 3 @5amigma Ffatl Eds4,Suite Ytil1, Naples FL : 34112.5356,
further says that he has neither paid nc c239) 2524 MO, at least two gala p7#e► to the 'n eed . Assisted Bstpntng devices
for -the hearing impaired are availabka In the Boar of County Commissioner
promised any person, firm or corporation Office,
discount, rebate, commission or refund f BOARD OF COUNTY COMMISSIONERS
purpose of securing this advertisement f.COAIERCOUNINGAPRIDAS
COLLIER COUNTY, FLORIDAg
publication in the said newspaper.
GEORGIA A.- HILLER, ESQ., CHAIRWOMAN
PUBLISHED ON: 09/04 DWIGHT E. BROCK, CLERK
AD SPACE: 86 LINE
FILED ON: 09/04/13
----------------------- - - - - --
-- - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant'" ;�'1 ,,,�Q
Sworn to and Subscribed b ore me t iS �V day of /�t120%�
Personally known by me ��
CAROL POLIDORA
MY COMMISSION # EE 851758
EXPIRES: November 28,2014
Bonded Thru Plchard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
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* *NEW ** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
o f ;n frh C'ha ;r,,,a.,'� na. re ,era a rye thrnnah rnnfina lines t!1 thmoph 42 comnlete the checklist. and forward to the County Attorney Office.
..... °_- - - -- -- --
Route to Addressees (List in routing order)
-
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
September 24, 2013
Agenda Item Number
17.A
3. County Attorney Office
County Attorney Office
FR
4. BCC Office
Board of County
Commissioners
b�
1
5. Minutes and Records
Clerk of Court's Office
J `
"1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to rnntart staff for additional or missing information.
Name of Primary Staff
Fred Reischl, Planning & Zoning
Phone Number
252 -4211
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
September 24, 2013
Agenda Item Number
17.A
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
FR
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Resolution
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1
Attached
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Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
number if document is
y,
��
to be recorded
o
FR
INSTRUCTIONS & CHECKLIST
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FR
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3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
FR
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17A
MEMORANDUM
Date: October 1, 2013
To: Fred Reischl, Senior Planner
Comprehensive Planning Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2013 -212: Petition ZLTR- PL20130001117
Determining car rental use is comparable and
complimentary within the Germain Toyota PUD
Attached for your records is a copy of the document referenced above, (Item #17A)
adopted by the Board of County Commissioners on September 24, 2013.
The Minutes and Record's Department has held the original for the Board's
Official Record.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17A
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 CPUD 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
CPUD 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
CA
17A
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
COLLIER 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 LA.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 J V day of
SCD }f; n 6t,r , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
By
sigrlat� o,
Approved gas: to `form and legality:
A-/vA, A -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
8/26/13
2 of 2
In
BOARD OF ZONING AP EAL-
COLIAE*OT NTX, F ORIDA
ESQ.
Item # II �—
AgWA3 a�
Date
Date — -b
Recd
L'to
17A
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 01 000'30" EAST ALONG THE WESTERLY RIGHT -OF-
WAY LINE OF STATE ROAD NO. 45 FOR A DISTANCE OF 987.12 FEET;
THENCE RUN SOUTH 88 059'30" WEST AT RIGHT ANGLES TO THE SAID
WESTERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 578.11 FEET; THENCE
RUN NORTH 01 004'15" WEST FOR A DISTANCE OF 755.21 FEET; THENCE RUN
NORTH 00 050'88" WEST FOR A DISTANCE OF 223.16 FEET; THENCE RUN
NORTH 88 007'30" 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
17A
Coer County
Growth Management Division Manning & 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 staff's 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 Staff's opinion. You will be apprised of the hearing
date and advertising fees as soon as possible. Please note that Staff's opinion is not
binding on the BZA.
Department of Planning & Zoning • 2800 North Horseshoe Drive • Naples, FL 34104 •239- 252 -5603
Exhibit B
Page _l_ of�
CA
W71 I In
Mr. P isher
RE: ZLTR -PL- 20130001117
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
ExWb1tB
page 4z— ofAL
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