Resolution 1997-251
13A 1
Rt:SOL:.JTTON 97- 251
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
NEW AND USED BOAT AND AU70 SALES (SIC GROUPS
5511, 5521 AND 5551) CONDI7IONAL USE "4" IN THE
C-4 ZONING DIS7RICT PURSUANT TO SECTION
2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCl,TED IN SECTION II,
TOWNSHIP SO SOUTH, RANGE 25 EAST, cor.LlER
COUNTY. FLORIDA.
WHEREAS, the Legislatljre of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power LO establish, coordinate and
enforce zoning and such business reglllations as are necessary for the
protection of the public; and
WliEREAS, the COllnty pursuant th~reto has adopted a Land Development
Code (Ordinance No. 91-102) '_Inier. l~lc:l udes a Compreher.s i 'Ie Zoning
Ordinance establishing regulations for the zoning of particulilr
geographic divisions of the Cour.~YI 3~O~g which is the gr~nt~ng of
Conditional Uses: and
vlI-lEREAS, the Collier County Planni:-"g 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 co~sidered the advisability of Conditional Use "4" of
Section 2.2.15.3 in ~n (-4 zone for new and used boat and auto sales
(SIC groups 5511, 5521 and 5551) on the property hereinafter described,
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 reqlllations and in accordance with Subsection
2.7.4.4 of the Land Develop~ent Code for the Collier County Planning
Cc:nmission: and
WHEREAS, all interested parties have been given opportcnity to be
heard by this Board in a public meeting assembled and tIle 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 b~ Arthur C. Qui~nell representing Peter M.
Andersen with respect to the property hereinafter described as:
Lot 4, Triangle Lake and Northwesterly 98.29' of Parcel
A, as recorded in Plat Book 4, Page 38, of the Public
Records of Collier County, Florida, all lying in Section
11, Township 50 South I P.ange 25 Eas t.
-1-
be and the same is hereby approved f'_Jr Conditional Use "4" (t 3Acti~n
1.2.15.3 of the (-4 zoning distric~ fo~ ~cw and used boat and auto sales
(SIC groups 5511, 552] Jnd :'551, in c1(:cordance wit.h the Conceptual
Master Plan (Exhibit "B") and sllbject to the following conditions:
d. The Planning & Technical Services Manager may approve
minor changes i:1 the location, siting, or height of
buildings, structures, 3nd improvements authorized by the
conditional tlse. Expansion of the uses identified and
approved within 'LhlS coneiiticnal use applica'c:lon, or major
changes to the site plan subnlitted as part of this
application, stlall require the submittal of a new
conditional use application, ~nd shall comply with all
applicable COllnly crdinances in effect at the time of
submittal, including Division 3,3, Site Development Plan
Review and appro'",',:d, of the Collier County Land
Development Code (Ordinance. No. 91-102).
b. Approval of a 2G~ing certIficate and Site Improvement Plan
is contingent lJpOn presentatio~ of an fDOT Connection
Permit or Notice (If Intent to issue SllCh a permIt.
c. The landscape plan entered into the record of the public
hearing shall be implemented prior to the issuance of a
certificate of occupancy
d. Architectural reodi[icatiorls to tIle building as reflected
by architectural pJ,ans submitted into the record of the
public hearing shall be made prior to the issuance of a
certificate of occupancy,
e. The quality of the fence as illustrated on the landscape
plan shall be o~ the following material: plas:ic,
fiberglass, wooe! 0:::- masonry, h'Jt in no event be a chain
link fence. Boats may not be stored on the street side of
the fence.
BE IT FURTHER ReSOLVED that this Resolution be recorded in the
Minutes of this Board.
This Resolution adopted aEter motion, second and majority vote.
Done this
dC)
i f '-,-'i/_
(ay OL ,,-LJ/ J";"
1997.
BOARD OF ZONING APPEAl,S
CO~~~IjP._}COUNTY, FLS-R! Yt"\' "
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3{:~~c&e ... ;{///..:4'---~-
TII.!OTHY..L. HANtOcK, CH.'IIRMAN
ATTEST:
D'IIGHT E. BROCK,C l~RK
c~,~
APPROVED A
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AND
LeGAL SUFFICIENCY:
i) \.(...~ ." rn ./~t u...i.u,'
MARJO~IE M. STUDENT
ASSISTANT COUNTY ATTORNU
~/ron,'C:J~97~l
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FHiDI~iG 0: FACT
BY
COLLIER COU?l'i'Y PL.r.,:;~lItiG CO:'ll-lISSION
FOR
", cotrDITIONl\L USE PETITIOn
FOP,
CU-97-1
13A
1
The following facts a~e fOUGd:
1. section 2.2.15,J,4 of the Lend Develop~ent Code
authorized th~ conditional ~se.
2. Granting th~ conditionel cse will not edversely affect
the public interest and ~lill not adversely affect other
property or uses in the sa~e district or neighborhood
because of:
A. consistency with the Land Developnent Code and
Growth Hanaaenent Plan:
.- Yes ~_ t~o
B. Ingress and egress to p~operty and proposed
structures thereon with particular reference to
auto~otive and pedestrian safety 2nd convenience,
traffic flo~ and control, and access in case of
fire or catastrophe:
Adequate ingress ~ e9~ess
Yes 'I llo
c. Affects neighboring properties in relation to
noise, glare, econo~ic or odor effects:
~ Ho affect or ~_ Affect mitigated by
Affect cannot be mitigated
D. Co~patibility with cdjacent properties and other
prcperty in the district:
cO~Datible use within district
. Yes "- No
Based on the above findings, this conditional use should,
with stipulations, (copy 2.~~aChed) ~ShOUl. d not) be
recommended for approval _ilPI)nNI~
DATE:.~~ l'o:'i;;CK:~~
FINDING OF FACT ~!EMBER/192~2
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FINDItlG OF FACT
BY
COLLIE?, COUnTY PL~.~i~ntIG cot-mISSION
FO?
l<. CONDITImU,L USE PETITIon
fO?
CU-97-1
13A < 1
The following facts are found:
1. section 2.2.15.3.4 of the Land Develop~ent Code
authorized the conditional use.
2, Granting ~hl~ conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the sa~e district or neighborhood
because of:
A. Consistency with the~L.nd Developnent Code and
Gro....th EanGgei71ent P ,:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety. end convenience,
traffic flow and cont=ol, and access in case of
fire or catastroo~e~' .
Adequate ingress & e~~ess
I Yes rio
C. Aff~C c; neighboring p=operties in relation t.O
nois , glare, econo~ic or odor effects:
rlo affect or Affect ~itigated by
Affect canno~ be mitigated
D. Co~patibility with adjacent properties and other
proper-ty in the distri:;..t:
CO;'l;ntible l;SC. :tIt-hin district
Yes V tlo
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Based on the above findings, this conditional use should,
with stipulation~;, (copy e.ttache:5.) ~.~_be
reCO~~~1 ~01 appcoval --= . .
DATE. ___ 1'.:'I-l8ER ~
FINDING OF FACT Wc":;-!BERj192,:2
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