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Resolution 1998-135 " 13A 1 RESOLUTION 9S--1J5 A RESOLUTION PROVIDING FOR THE ESTABLISH'1ENT OF A USED CAR LOT CONDITIONAL USE "4# 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 28, TOWNSHIP 49 SOUTH, RANGE 26 8AST, 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 ColI ler COllnty the power to establish, coordinate ar.d enforce zonin~ and such bugincss regulations as are necessary for th~ protection of thn public; ~nd ~IHERF:AS, th.] C0unty pursuant theleto h.)$ adopted a Land Development Code (Ordinance No. 91-102) 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 Collier County Planning Commission, 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 Conditional Use "4# of Section 2.2.15.3 in a C-4 zone for a used car lot on the property hereinafter described, and has found as a matt~r of fact (Exhibit "A") that satisfactory 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 Commission; 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 RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Kim Patrick KObza, Esquire of Treiser, Kobza & VOlpe, representing Germain Properties of Columbus, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein -1- ~~~~. ':';- " be and the same is hereby approved for Conditional Use "4# of Section 13A l' 2.2.15.3 of the C-4 zoning district for a used car lot in accordance with the Conceptual Master PlanjJExhibit "CHI and subject to the following conditions: .~\ . ""', 1. The Petitioner vOluntarily agrees that if the subject property is sold, or if the facility is operated or managed by an entity other than Germain Properties of Columbus, Inc., this Conditional Use shall expire. 2. Outdoor loudspeakers are prohibited. 3. Pickup and delivery of automobiles by auto transport is prohibited. 4. Fencing is prohibited. 5. The display of automobiles in the landscape buffer is prohibited. 6. The existing building shall be renovated and shall comply with Division 2.8 of the Land Development Code. 7. Lighting shall comply with Division 2.8 of the Land Development Code and shall be shielded from rights-of- way and adjacent properties. 8. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. 9. An Exotic Vegetation Removal and Monitoring Plan for the site shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. 10. The buffer along Golden Gate Parkway shall be twenty feet in width, including a five foot wide sidewalk, ,~'* 11. A "right turn only" sigh'shall be installed at the project's driveway intersection with Golden Gate Parkway prior to the issuance of a Certificate of Occupancy, 12. Building windows shall not be marked, painted or used for advertisement purposes. 13. Mature landscaping as depicted by exhibits presented during the public hearing shall be planted on-site prior to the issuance of a Certificate jf Occupancy. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. l'-.'i~" .~ .', ~ i',<< ~l~' 'fj~ ~ .... ',.,'l',',Ol,., :'ff~~ '1'- -2- - 13A 1 . Done this /:;; This ReDolution adopt~d after motion, second and majority vote. , 199B. erk 'Z2 (I. Ap roved as to Form and Legal Sufficiency: 7. }l.L~AL ~il. f)f..adtd Marjo ie M. Student Assistant County Attorney f/CU-"-2 RESOLUTIOH . - ;;;.J.1'd - . day of X?'7 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~ R ~ BAR B. BERR~- G . a . ; -3- .. .--.... 13A l' ~""'t '~.~. ,1"_'" ~.v,."",<~", .- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-2 The fOllowing facts are found: 1. Section 2.2.15.3.4 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 the Land Development Code and Growth Management Plan: Yes v 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: , ~o 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 ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~I'~ ~) be recommended for approval ~ ~ DATE: 'II/to/tit CHAI~: //~~/j~ f/FINDINQ OF FACT CHAIR.HA.NI EXHI~I'!' """ 1....... :"f ..:~i,~; 13A 1 ;.t,;;';'i-i '!i;~ l;oj, .:....;.. CU-98-2 ,,f!1\': LEGAL DESCRIPTION Lots 3. 4. 5. and 6. Block 248. Golden Gate Unit 7, as recorded in Plat Book 5, Pages 135-146 of the Public Records of Collier County, Florida. ; EXHIBIT "B" "'f'i i'.Jj;," ~'t