Resolution 2022-107 (Of Denial) RESOLUTION NO. 2022 — 107
A RESOLUTION DENYING PETITION ADA-PL20220003901,
WHICH APPEALED HEX DECISION NO. 2022-17, A
COMPARABLE USE DETERMINATION THAT A NEW
AUTOMATED CARWASH IS COMPARABLE,
COMPATIBLE, AND CONSISTENT WITH THE LIST OF
PERMITTED USES IN SECTION 4.4 OF THE ARTESA
POINTE PLANNED UNIT DEVELOPMENT, ORD. NO. 03-
46, AS AMENDED, ON PROPERTY LOCATED AT THE
SOUTHEAST QUADRANT OF THE INTERSECTION OF
COLLIER BOULEVARD AND PASEDO DRIVE,
APPROXIMATELY ONE-HALF MILE SOUTH OF
TAMIAMI TRAIL EAST, 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 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
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, specifically authorizes the Board of County Commissioners to
implement a county hearing examiner program by county ordinance; and
WHEREAS, the County pursuant thereto has adopted a Collier County Hearing Examiner
Ordinance (Ordinance No. 2013-25, as amended) which established the Office of the Hearing
Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, on April 22, 2022, the Hearing Examiner issued a decision approving
Comparable Use Determination PCUD-PL20210001966 (HEX No. 2022-17), stating:
The Hearing Examiner hereby APPROVES Petition Number PCUD-
PL20210001966, filed by Kendrick Gallander, AICP of RWA, Inc. representing
Rook at Naples, LLC and ModWash, LLC, with respect to the property described
as ±1.01-acre undeveloped parcel (#81076000095) without an official street
address and located in the southeast quadrant of the intersection of Collier
Boulevard and Pasedo Drive approximately one-quarter mile south the
intersection of Collier Boulevard and Tamiami Trail East (US 41) in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, for the following:
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A request for a determination that the proposed use of a new automated
car wash (SIC 7542) is comparable in nature to the list of permitted uses in
Section 4.4 (Commercial tract) of the Artesa Point [sic] Planned Unit
Development (PUD) adopted by Ordinance Number 03-46, as amended.
WHEREAS, Zachary W. Lombardo, Esq., representing FTY Florida, LLC and Niagara
Falls Hydro, LLC (Dolphin Auto Spa Express Car Wash), filed Petition ADA-PL20220003901
on May 20, 2022, which appealed the Hearing Examiner decision HEX No. 2022-17 approving
Comparable Use Determination PCUD-PL20210001966; and
WHEREAS, on June 14, 2022, the Board of County Commissioners, acting as the Board
of Zoning Appeals ("Board"), held a properly noticed public hearing to consider Petition
ADA-PL20220003901; and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number ADA-PL20220003901, filed by Zachary W. Lombardo, Esq.,
representing FTY Florida, LLC and Niagara Falls Hydro, LLC (Dolphin Auto Spa Express Car
Wash), is hereby DENIED in accordance with the record of the proceedings of the public hearing
held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on June
14, 2022.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion, second and majority vote
this 14th day of June 2022.
ATTEST:, , BOARD OF ZONING APPEALS
CRYS.TAL'K, KINZEL, CLERK COLLIER CO 14 .• 'IDA
BC� ear "10
y. @SL4At S ' ;', �eputy Clerk y Wil/:m L. McDaniel, Jr., Chairman
4QgatUreOrfJ ,
Approved as to form and legality:
401.4A-lb
Derek D. Perry
Assistant County Attorney
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