Resolution 2008-259
RESOLUTION NO. 08-259
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
TRUCK RENTAL AGENCY IN THE GENERAL COMMERCIAL
ZONING DISTRICT WITH A GATEWAY TRIANGLE MIXED
USE OVERLA YIMIXED USE SUBDISTRICT (C-4-GTMUD-MXD)
PURSUANT TO SUBSECTION 2.03.03.D. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
DESCRIBED HEREIN LOCATED IN SECTION II, TOWNSHIP 50
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 (Board), 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 a Conditional Use
for a truck rental agency in the General Commercial Zoning District with a Gateway Triangle
Mixed Use OverlaylMixed Use Subdistrict (C-4-GTMUD-MXD) as specified in Subsection
2.03.03.D. of the Collier County Land Development Code, on property hereinafter described in
Exhibit "B," and the Collier County Planning Commission has found as a matter of fact (Exhibit
nAn) that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; and
Page I of2
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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 Bob Annibale of Avis Budget Group, on behalf of the owner CC&E
Investments, LLC, with respect to the property hereinafter described in Exhibit "B," attached
hereto and incorporated by reference herein, be and the same is hereby approved for a
Conditional Use to allow a truck rental agency in General Commercial Zoning District with a
Gateway Triangle Mixed Use OverlaylMixed Use Subdistrict (C-4-GTMUD-MXD) as specified
in Subsection 2.03.03.D. in accordance with the Site Plan (Exhibit "C") and subject to the
conditions contained 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 j!.!: day of
~~ '. ,2008.
',O')lt. '\
_" .....1 -Ii
ATTI;st: '1~, BOARD OF ZONING APPEALS
D~l'GHr E. BROC~Clerk COLLIER /~HY, FLORIDA.
By;' By: .J~
Atte5 l-~4 ~ .~, TOM HENN G, CHAI
lian.tIn, ~V~"
Approved as to form
and Ie I sufficiency:
J ef E. right,
nt County Attorney
Exhibits (attached)
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Site Plan
Exhibit D: Conditions of Approval
Page 2 of2
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Exhibit A
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.04.03, Table 2, 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
YesLNo_
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
YeSdNO_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: '7 / ') . 0 Y )~
CHAIRMAN:~~ I, ~
--_.__.~.-_. ~._.,._;....-_.,. .. .~_..". _..0'
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and wilt 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:
Yesk::_ 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:
V No 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 V No -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:~ €I1\IRMMh ~ ~--
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-
Exhibit A
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FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.03.03.C.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 7 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 ~~
Yes / No
- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
e7s:
No affect or _ Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible useJhin district
Yes No
- -
Based on the above findings, this conditional use should, . th stipulations, (copy attached) be
recommended for approval to the Board of Zoning App s
DATE: 1 ~ ~8 COMMISSIONER:
,,---~.,---_."~"'-""-""~ _,..~,,_*ti_.._~"'_ ----.---- M_~
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-I2996
The foIlowing facts are found:
1. Section 2.03.03.C.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 ~and 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 ing~~SS
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 properties and other property in the district:
Compatible Zdistrict
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy att
recommended for approval to the Board of Zoning Appeals.
/ /-/
DATE: 7-J - t/,y COMMISSIO~E~,/ //
-;t::i uA' (" U/?J /u-r--r:
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FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.04.03, Table 2, 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 ~o -
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 ~o
-
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ 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 ~o -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
r
DATE: ,.QL\IKMAN: ~
f'1 &-r-\ (ScJ I- ~
Exhibit A
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Appendix 1
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.04.03, Table 2, 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 wJ 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 ing7s & egress
Yes No
- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
efJts: Affect mitigated by
_ No affect or
Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use wjthin district
Yes / No
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
7/3/()? M eJVlf'/l:.-~ AfJH7/1L.72~d {'~
DATE: CMAlIUvlAN:
f /
--,.-.---.-.--.-'--"""--"-' -".., ~-'---'~'" . -'..",- ._- .....--.. .....-. - ---- .'.,-.-
FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.03.03.C.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 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
YesL 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 properties and other property in the district:
Compatible use within district
Yes ~~ No_
Based on the above findings, this conditional use should, ith stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appea
DATE: obU ~ <tcfiS COMMISSIONER:
~~H"L
~
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FINDING OF FACT
BY THE
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2008-AR-12996
The following facts are found:
1. Section 2.03.03.C.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 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:
V No 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) be
recommended for approval to the Board of Zoning Appeals.
DATE: ?- 'f-C?? COMMISSIONER: ;;;~
.w_____,____,.,,_..._'. ._u.__. --'.,'. ,--~. ._m_",~_
Folio Number 77510240008
tit OR: 3926 PG: 2825 tt*
LEGAL DESCRIPTION
Lots 51hrough II. inclusive. of TRIANGLE LAKE. according to the map or plat thereof recorded in
Plat Book 4, Page 38, of the Public Records of Collier County, Florida. LESS AND EXCEPTING
THEREFROM that portion thereof previously conveyed to the State of Road Department of the State
of Florida by deed of conveyance recorded in Deed Book 16. Pages I 63and 164, of the Public Records
of Collier County. Florida.
Less the following described parcel:
Those portions of Lots 5 and 6,Triangle Lake, a subdivision in Section II. Tov.nship 50 South.
Range 25 East. as per plat thereof recorded in Plat Book 4. Page 38. Public Records of Collier
County. Florida. being described as follov.s:
Commence at the northwest comer of said Lt:Jl tt)ence ,along the west line and southerly extension
of said Lot 6. South 00033'46" East. 24,5't(l.'tcl ~ 60l'(bedy existing right of way line of State
Road 90 (U.S. 41) (per Section 03Ulll.'-2116) for a POIN''J/Ol' BEGI~NING; thence along said
southerly extension and west line l'<Iorth 00"33'46" West, 2(82 feet to the beginning of a curve
concave southwesterly; thenCe along tlw iI!'C ofsaidcUf\-e to the right, having a radius of 11.529.16
feet, a ccntral angle of 00"47'18.3", an ,lIfC11D&Ih ",f 158~65f~l, the chord for which bears South
53'53'54" East to the east Iin~ of "Iii<\oLOI's l!h~t~ Fr1jI;ofs,-id~e; tbence along said east line and
souther~y extension South37~5rl'I"Wesi, 2b.01 lett" Saidfolth~rly existing right of way line and
the begmnmg ofa curve concl!.vesouthwes1erly; th~.e albr1gSaI<t_Dortherly eXlsung nght of way
line, the arc of said curve to theletl,having a radius of 11,509.16 fecI, a central Wlgle of00"42'45.9".
an arc length of 143.17 feet. the cIi9,z1l for which bears N&~53'5i'48" West to the end of said curve
Wld the POINT OF BEGINNING.'
. .
ii ';l
Exhibit B
W"_'__'~~____'_____'__' --..... -- .~'..-.-_- -'-"~'-'----~"'"" --'----
Folio Number 00388440007
u* OR: 3926 PG: 2819 u*
LEGAL DESCRIPTION
A lot or parcel ofland in the East half of the Northwest quarter of the Northwest quarter.
lying North of the Tamiami Trail. of Section II in Township 50 South. Range 25 East,
Collier County. Florida, being specifically described as follows:
From the point of intersection of the West boundary line of the East half of the Northwest
quarter orlhe Northwest quarter, lying North orthe Tamiami Trail (formerly known as
Dixie Highway), of Section 11 in Township 50 South, Range 25 East, Collier County,
Florida, with the Northeasterly right of way line of the said Tamiami Trail run in a
Southeasterly direction for 396.58 feet along said Northeasterly right of way line. to
establish the POINT OF BEGINNING; thence from the POINT OF BEGINNING
deflect 90 degrees from the Southeasterly to the Northeasterly and run 322.02 feet;
thence deflect 43 degrees 39 minutes 10 seconds, from the Northeasterly to the Northerly
and run 57.48 feet; thence deflec169 degrees 51 minutes 00 seconds from Northerly to
Northwesterly and run 63.91 feet; thence deflect 66 degrees 29 minutes 50 seconds from
Northwesterly to Southwesterly and run 338.2 feet to the said Northeasterly right of way
line of the said Tamiami Trail; thence in a Southeasterly direction run 98.29 teet along
said Northeasterly right of way line to Iilll POINif,QF BEGINNING.
The above described property co~its 0.73 acres rtlQ,y _~r less.
AND LESS AND EXCEPT
That portion of the Northwest Yo of.eotiOn-ll. T!>WIlIIrip ~South. Range 25 East.
Collier County. Florida, beina dfsor\becl"" f910wso' .
'. \ ..
Commence at the northw~sr-qJrrier of Lot (; ofsai4 Triangi'e.LSke; thence along the west
line and the southerly extenSion of said Lot 6. Soutb.il0'33'4l\" East. 307.41 feet to the
survey base of State Road 9QJ!!$. 4]) and to the beginnjl1~'ofa curve concave
southwesterly; thence along !laili $urvey base line, the~ of said curve to the right,
having a radius of 11,459.16 feet, Ii CQlr4an&If,Q{Ot'!S'S9.2", an arc length of253.29
feet, the chord for which bears South 5 'PS" 'EiiSt to the end of said curve; thence
North 37013'52" East, 50.00 feet to the northerly existing right of way line of said State
Road 90 (U.S. 41) (pcr section 03010-2116) for a POINT OF BEGINNING; thence
North 37059' II" East, 20.00 feet to the beginning of a curve concave southwesterly;
thence along the arc of said curve to the right, having a radius of II ,529.16 feet. a central
angle of 00029'1 7.3", an arc length of98.22 feet, the chord for which bears South
52031 '25" East to the cnd of said curve; thence South 37059'11 " West, 20.00 feet to said
northerly existing right of way line and the beginning of a curve concave southwesterly;
thence along said northerly existing right of way line. the arc of said curve to the left,
having a radius of 11,509.16 feet, a central angle of 00029'20.3". an arc length 01'98.22
feet, the chord for which bears North 52031'28" West to the end of said curve and the
POINT OF BEGINNING.
Containing 1.964 square feet.
2. Consultant should include their name and contact information on the application under
"Name of Agent".
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CONDITIONS OF APPROVAL
CU-200-AR-12996
June 11,2008
I. At the time of occupational licensing and zoning verification review and approval,
landscaping on the site shall be brought up to the level of that currently required by
the LDC to the extent feasible.
Exhibit D
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