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Resolution 2008-045 RESOLUTION NO. 08-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN AUTOMOBILE RENTAL AGENCY IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT AT 13560 TAMIAMI TRAIL NORTH (SR 45), IN SECTION IS, TOWNSHIP 48 SOUTH, RANGE 25 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 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 has held a public hearing and has considered the advisability of a Conditional Use for a automobile rental agency in the General Commercial (C-4) Zoning District, pursuant to Land Development Code Section 2.04.03, Table 2, on the property described in Exhibit "B", and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 10.08.00.D of the Land Development Code, as amended; 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: Petition CU-2007-AR-12384, filed by Enterprise Leasing Company d/b/a Enterprise Rent-A-Car, with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, is hereby approved for a Conditional Use pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code in the General Commercial (C-4) Zoning District, for an automobile rental agency in accordance with the Conceptual Site Page I of2 Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated by reference herein. 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 ~""'day of Jibf'uu.ty ,2008. ATTEST: DWIGf:If:E~~C.{<., CLERK ::'> '. "... '~.".. '., i).\. "'_ " ~j~J ....5~.~.-\ \ . J~tr~ ~ At-"J" ~:~A(~ f Deputy Clerk S 19Mt~f(;~'i .' ,.... f BOARD OF ZONING APPEALS COLLIER :u:y, ORIDA. By: :;1)- TOM HENNING, Chairman y . Klatzkow s istant County Attorney Exhibits (attached): A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions of Approval Page 2 of 2 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorizes 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; Yesl 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 ingres/egress YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect 01' '//Affect mitigated by <text> l..JW, l M-<<i) ':c l"-,-U ) _ Affect cannot be mitigated L oc.... (CCiLz.v. ~ ~1-- D. Compatibility with adjacent prope11ies and other property in the district: Compatible use within district Yes V/No 6-'1 lV.' ~~,J-)'4 1:r...:J<'-("/L.- Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. ! _ ill DATEd. 11-0Y CHAIRMAN, ~(}~:::, EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> 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 I 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 V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or I Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / YesL No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / /17 /(}fY f / MEMBER:;},v.r1.rl..t, ';edL 0.JU1--?U FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> 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: Yesl 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 'J.. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -L No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval <text>. DATE: ($~ \l~OO'ii' MEMBER: t;l?bn$C~\\1-R;i\- I' I' '\ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> 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 V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or II' Affect mitigated by <text> _ 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) (should not) be recommended for approval <text>. DATE: /- 11- Cl r MEMBER: ;:?~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> of the Land Development Code authorized the conditional use. 2. Granting the conditional nse 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 Lan1evelopment Code and Growth Management Plan: Yes 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 / Yesl No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: j - _ No affect or _ Affect mitigated by <text> jti~(t\lV' _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dijt Yes No Based on the above findings, this conditional use should, wit stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: MEMBER: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1 . Section <text> 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 Deyelopment Code and Growth Management Plan: Yes / 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 & egres~ Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effecty L No affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within diS/:' Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: J - 17 ~ 0 y /V'C MEMBER: C/~. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: I. Section <text> 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 /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 YesL'No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or _ Affect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesL No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I~/?- 0;- t/IC--{ I C/T'r,' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12384 The following facts are found: 1. Section <text> 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-U 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 vi No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~fect mitigated by <text> _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di7 Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I } J1 J C:J ~ f '----/ .~ MEMBER: """. 1 ~ LEGAL DESCRIPTION ENTERPRISE RENTAL CAR CU-2007-AR-12384 All that part 01 Section 1~. Town~hip 48 South, ~ange 2~ East. collier County, Florida, bein9 more partic~l~rly de~crJhed as follow5: Commencinq at the West 1/4 corner of ~aid Section l~: thence along the South lina ot the Nor'thwest 1/4 ot said Section 15. South 89- )3' 40. East 14.~9 teet to tho usterly rig,ht- of-way lin. ot U.S. 41 (Tamiami Traill; thence alenq ~aid r1qht-of-way line and the Mesterly line or tnat land as d4.~rtb~d in Official Reoord~ Book 1110. P.ge 1794, ot the Public Reco.rd~ ot Collier County, rtorld., Nort.A o. 31' 40- West 33~.1J teet to the Point of 8~9inninq or the ~rcel herein described: thence contin:Je along uid 1 tne. Nortn o. 31' 46- West 1'33.24 c.et: thenc~ contlnue a10n9 said line, Norther!y 104,'6 teet th~ arc of a circular curve conClve to the West havio9 r.adi::u:I of 3,919.12 teet .and being ::Iubtended by oS chord bear3 North 1- 23' 4.1)- Wen 104.86 teet; thence le,avinlj1 said 1 ine, South 89- 3)' 40. East 346.32 teet: theJ'lce South thence North Beo1nnln9 01 along . which O. 26' 20. West 238.02 teet; 89- 33' 40. West 3"0.48 teet to the parcel herein described. the Point ot EXHIBIT "B" ~;,:;'iN~.'f~..q ; .....~... . .. I --- ~~<.- [J].. ". - WN!;) nIWNn.....---- a ~ . D~--~---~J 'lr.>.''-._omlllo. ~ ~ :fi'''''1 ~ "ll'r,:1L I !"~ f!'-~ l 1\r.1~ 'r'I \ "/1' . I ""1' '.' 11' J t llj J'_' HII r ',1, ('n"lOj'I 11JJII~~, IU.l:bihJlliUL. \ ~ a: w ... ) i\ ~, I -" ':.\ ""\ (. 'T"~ \ " , I ~ ~ IiI r'~' hI!. i "R~ I h, , ' p.l 01 . ~ Wi ,..! II ~ In ~ ~ ~ ; . !. . Ii II "'i f I H,!!".m. '1' 'ell, ii ii'I' ill; !ill, I Ini I ! III 11111 lnr I I. I d!lll , ~ i ff ~-- I ;~PJl' '- ~!I lld ~h I .(\ ~ il ~ I " , ~ ! ~ I" \:.- . f' . I. ! jl ,I . i I --!.L. : , I I ! .-- " i<9i ..... ~ :> ~I>: tii <( ;:> u 0 -'l <( ..,.f--..... .. Zgj N .., C> N c> - .. "gjgr- <':"lc>~ I IZiO"" f"'o-o..N_ o~ ..0 Ot.tl-- Nf-~" ;) Z .~ ~ Ut.:I,,-O I EXHIBIT "c" CONDITIONS OF APPROVAL Enterprise Rental Car CD CD-2007-AR-12384 Conditions: 1. The existing landscape buffering to the rear (east) of the subject site, shall be brought up to current LDC standards for a Type B Buffer where deficient. 2. The days of operation shall be limited to Monday through Saturday. The daily hours of operation shall be limited from 7:30a.m. to 6:00 p.m. The term "operation" includes the on-premises washing and interior vacuuming of the rental vehicles associated with this vehicle rental conditional use. 3. Any changes to the building's outside appearance, including but not limited to paint colors, trim colors, and signage, shall be architecturally unified for the entire building and site. All changes shall be consistent with the County's architectural guidelines and site design requirements. 4. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SOP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 5. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Sunrise Center Conditional Use Conceptual Site Plan," prepared by Phoenix Planning & Engineering, Inc., dated June 28, 1999. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 6. There shall be no amplified sound of any kind or nature emitted from the premises. This restriction includes but is not limited to vehicle radios and portable radios. EXHIBIT D