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Resolution 1996-445 SEP 2 4 1996 FESOLUTION 96--!i5 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN AUTOMOTIVE RENTAL AND LEASING CONDITIONAL USE "5" 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 12, TOWNSHIP 50 SOUTH, RANGE 26 EAS'r, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the state of Florida in Chapter 67-1246, Laws of Florida, an1 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 I the County pur;3uant thereto has adopted a Land Development Code (Ordinance )'/'0. 91-102) which includes a Comprehensive Zoning Ordinance establishinq 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 plclnning board for the area hereby affected, has held a public hearing aft,er notice as in said regulations made and provided, and has considered the advisability of Conditional Use "5" of Section 2.2.15.3 in a "C-411 zone for automotive rental and leasing on the property hereinafter described, and has found as a matter of fact (Exhibit "All) that satisfactcry 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 Commissionj 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 RES~LVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: IOOl 000 ,,-., 2f14 -1- '. '1 SEP '2 ~ 199R The petition filed by ;rohn F. Stanley representing Terry C. Krantz and Constance E. Krantz with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "5" ot Section 2.2.15.3 of the "C-4" zoning" district for automotive rental and leasing in accordance with the Conceptual Master Plan (Exhibit "CO) and subject to the following conditions: Exhibit "0" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner /'1."ltth~ and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Matthews, Commissioner Hancock, Commissioner Mac'Kie, and Commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of ~otember 24th , 1996. .AT.rEST: DWIGHT E. BROCK;. CLERK BOARD OF ZONING APPEALS ::~L~~ JpflN C. ORRIS, CHAIRMAN // -J'f- u - ~~:.&~ AP ROVED AS TO FORM AND LEGAL ..sUFFICIENf;Y: \ ~ Tn. fJrv," td MARJ IE M. STUD ENT ASSISTANT COUNTY ATTORNEY CU-9S-l3 RESOLUTION/17783 1001 flOCk.' 2{i~ -2- 'l '1 - SEP 7 ~ 199R FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interes~ 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 e<:jress 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: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent property in the district: Compatible use within Yes properties and other district No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: FINDING OF FACT CHAIRM.',N/17786 ~OD; 000" '.' 2f)f) EXHIBIT "A" '1 SEP 2 It 1996 l'INDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PL7ITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. of the Land Development Code authorized the conditional use. 2. GrantiDg 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 Managem'=nt Pl')n: YI~s -X- No B. Ingress and eg;,ess to property and proposed structures theJ,eon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and aCCeSs in caSe of fire or catastrophe: Adequate ingre"s & eSlress Yes )( No C. Affects neighboring properties in relation to noi~~ glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility I<ith adjacent properties and other property in the district: Compatible use within district Yes Y No Based on the above findings, this conditional use shoul , with stipulations, (copy attached) ("hAil' ~ lut) be recommended for approval DATE: ~ {/ /6 96 / MEMBER: FINDING OF FACT MEMBER/17786 ~CO( 000" zrn I~ '1 SEP ? 4 1996 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. 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 t0e nd Development Code and. Growth Management P n: Yes . No I; B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control nd access in case of fire or catastrophe: Adequate ingress & Yes ~ C. Affects neighboring prop noise, glare, economic No affect or Affect cannot in relati.on to r odor effects: Affect mitigated b be mitigated D. Compatibility with adja nt properties and other property in the distr' t: Compatible use ithin district Yes f~~ Rased on the above findi with stipulations, (co approv 1 DATE: FINDING OF FACT MEMBERj17786 MO, (Jon 'l' 2fiH '1 '. ", ',' . t. '. ".' :!. 1 ' SEP 2 4 1996 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. 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: 'j A. Consistency with th~L nd Growth Management PI : Yes No -- Development Code and 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:u ~ Adequate ingress & ~~s Yes No C. Affects neighboring properties in relation to nois~glare, economic or odor effects: ~ 'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the di~tr'ct: Compatible use ithin district Yes No Based on the above findings, this conditional Use should, with stipulations, (copy at~ched) (should not recommended for approvell /11'(,(l1l11 L . DATE: IS Avc- ;);(, I MEM . FINDING OF FACT MEMBER(17786 &OO( (Jf](J" ',' 2r;U '1 SEP 2 4 1996 F:rNDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. 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: 'j A. Consistenc~ with the Land Development Code and. Growth ManagernEnt,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 ingre,'s~ egress y"s --"! No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: '" No affect: or Affect mitigated by Aff"ct cannot be mitigated D. Compatibility \lith adjacent properties and other property in th" district: Cornpatibl" use within district Yes '", No Based on the above findings, this conditional use should, with stipulations, (copy attached)l(ShOUld not) be recommended for approval ~O()J~ ,'_ . DATE: 8\,1" l'1lo MEMB~~ FINDING OF FACT MEMBER/1~'786 ~r~l ~\ lOOK nOD ':',' 27U '1 .. SEP 2 4 \996 F rNDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A COND::TIONAL USE PETITION FOR CU-96-13 The following facts are found: 1. Section 2.2.15.3.5. of the Land Development Code authorized the conditional use. 2. Granting the condit:onal 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: .j A. Consistency with the Land Development Code and. Growth Management PIpn: Yes ;/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow anj control, and access in case of fire or catastr~phe: Adequate ingres; & egress Ye,; V No C. Affects neighbo~ing properties in relation to nois~, glare, economic or odor effects: v' No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility w:'.th adjacent properties and other property in the district: Compatible use~ithin district Ye" V No Based on the above findings, this conditional use~ou1d~ with stipulations, (copy attached) (should not) be recommended for approval - 111/1'Ov'1r. -' /l /J7 DATE: 8;05/1(; MEMBER: I~ul j duiJ / , FINDING OF FACT MEMBER/17786 !OD( (j(J[) 'J 2'71. '1 :... j hJ"-'".) Commence .J.t the ~lr)cth'\.lc:;t corner oC 5cction 12, TO\Jnship So South, n.:Jnqe 1~ C~~t. Collier County, Plorid~; thence run ~otJth 00.111'00" f:.):;t. .1Ionq th~ Wc~t lin~ of ~diu :;cction 12 (or 7~.00 (eeL; 1Ilctlr.c CUn North 09-19':)7" C.1~t.. p.1r..1Llt:l to lhc UCdLh 1 ine of ~.1itl ~<:"~tion 12, for 70.00 (eet tc the point of lH:rJ inn iOfJ. :';,11<<..1 POlot beirlf) ~itu.'ltcd .ll the point of intcr- :;ection oE the Southerly right-ot-wilY line of Sti\tc noad 04 (Djvi, Ooulcvjrd) jn~ the C~5terly right-oC-way line of State l1o~d rlo. OJO Udrport 110ad); thence run Horth 0?'l?'S7" [a,t, ~lonq the ~Qutllcrly riqht-o(-w~y line of ~tatc ncad No. 84, (or 100.00 feel; thence (un ~otJth 00.10'00" J:..l~t, p.lr.'lLlcl to tJle Wc~t line of :;~i(j 5cction 12, [or 200.00 feet; thence run ~outh 09.19':)7~ \~C5t, pJrallcl to the North line of ~aid Sec- tion 12, for 200.00 feet to a ooint on the Caoterly right-of- \Jay line of ~tate 110.1d 110. 050; thencc run llorth 00.10'00' We,t, along oaid right-of-\Jay linc, for 200.00 feet to the point of beginning. Lying and bcing situated in thc Horthwc3t QUilrtc:- ua.Jld of Section 12, Town~hip 50 South, n.J.ngc 25 E~13t, Collier CO\Jnty. rlorida. In the cvcnt of ~ny diocrep~ncy bctween thc bearing' u,cd herein ~nd the actual loc<<tion~ of the right~-of-way of 5t~to l10ad 110. 04 and State 110ad 110. 050, it 13 thc intent of tho pnrtlc, hercto th,lt the land, dC3cribed hcrein chall 'abut tho.. right'-0f-~ay of 2~id road,. EXHIBIT "B" BODK (JOO w: 27c. I 'l)A 1 " ~: ' ~' [ 1 (S.R. ~4) SEP '( 4 1996 AGREEMENT I, John F. Stanley, as authorized agent for Petition CU-96-13, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on August 15, 1996. Planninq services: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, iH. j improvements authorized by the conditional use. Expansion of the uses identified and approved wi thin this conditional use application, or major changes to the site plan submitted as part of this application, 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 Division 3.3, Site Development Plan Review and approval, of the Collier County Land I, Development Code, Ordinance (91-102). b. No trucks shall be stored or parked outside of the areas designated as "truck/trailer storage area" on exhibit "C". c. The applicant must submit a Site Improvement Plan for approval within 60 days of the Conditional Use approval. PETITIONER OR AGENT state of Florida County of Collier The foregoing Agreement this day of who is personally known as Sheet was acknowledged before me , 1996 by to me or ~ho has produced identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: Exhibit "0" ~CO( 000 r:", 211 " SEP 2 4 1996 state of Florida County of Collier The,;:)(~rJ-~oing Agreement S~eet was acknowledged before me this - day of GJJ;&u:::t-, 1996 by who is personally known 0 me eJ: ..!.~ Lu~ t'.L~duo,=d --as-identificaticl. and- who cttd- (did not) ~~,{1_0 .11. '11IG~J+~ (Signature of Notary Pub11C) .~ , " / /-4-: LL-__ (/ (' , rA.. <-- .J. . . .. '.n SEAL 1 ARY PUBLIC CECIW. K 1.!/,KllN 1 r-:arARY PUllllC STATE Cl' H.rJ~lIjAI CO~M;SSIO;. NO. CC451612 ' P. Al'X 17.19". take an oath. Commission I My Commission ~COK 000 ':: 2'7;) -2- '1 -. ~