Loading...
Resolution 2008-291 RESOLUTION NO. 08-291 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A LIQUOR STORE IN EXCESS OF 5,000 SQUARE FEET IN THE COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (C-3ST) PURSUANT TO SUBSECTION 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 6800 COLLIER BOULEVARD, 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 Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe 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 liquor store in excess of 5,000 square feet in the Commercial Intermediate Zoning District with a Special Treatment Overlay (C-3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land Development Code; and Page 1 of3 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 Number CU-2007-AR-12419, filed by Heidi K. Williams ofQ. Grady Minor and Associates, P.A., representing ABC Liquors, Inc., for a project to be known as ABC Fine Wine and Spirits, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a liquor store in excess of 5,000 square feet within the Commercial Intermediate Zoning District with a Special Treatment Overlay (C-3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by reference. This Resolution supersedes Resolution No. 2005-400. 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 cJ..3 day of J~w ,2008. . ] -i'ii); .. ~'.\ . . .. . ". ,~i,"'" .'^ ATTEst:' '" ".,L~). Dwight R 'Btdck;61~ik:: . . . oJll~, ...."'!'* ;..., ' ..::--~ '. /.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: Attest ..! to' 11....... _ ::" By: Page 2 of3 Approved as to form and legal sufficiency: iLL A [10 VJ~V Heidi Ashton-Cicko Assistant County Attorney Exhibits attached: A. B. C. D. CP: 08-CPS-00866\Reso\Rev 81108 Findings of Fact Legal Description Conceptual Site Plan Conditions Page 3 of3 ., BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12419 The following facts are found: 1. Section 10.08.00.D 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: 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_ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o affect or ~ffect mitigated ~ '1 ~c) ,-1), po -,) h J _ Affect cannot be mitigated S' ~ 'Jl!. fJ Compatibility with adjacent properties and other property in the district: D. Compatible use within district Yes ~o Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 8' /? /o~ I / COMMISSIONER: ( ., Exhibit A (/OF'I) BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12419 The following facts are found: 1. Section 1 O.08.00.D 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 wit~e 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 ing7es & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effecy L No affect or _ Affect mitigated _ 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. DATE: ,...?,.O' COMMISSIONER: (. 2. G,J,.- cl BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12419 The following facts are found: 1. Section 10.08.00.D 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 witlJthe 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 ingres,s & egress Yes / No C. Affects neighboring properJ;ies in relation to noise, glare, economic or odor effects: / No affect or -.i Affect mitigated _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use 7ithin district Yes J No Based on the above findings, this conditional use should, (should not) be recommended for approval. DATE 811/05 ! ,I stipulations, (copy attached) COMMISSIONER: .3 L,l- "\ iIlil~-"""'-"'-"'-~~ BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12419 The following facts are found: 1. Section 10.08.0D.D 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 ingress & egress Yes V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ~ Affect mitigated l?, ~ v- ~kD + vJ~_ _ 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. COMMISSIONER:Jtj cui, pAt~ B -' 1 ,09 DATE: Li ~J- '1 ,...._~...._A.M_'''.''_,_~,_",';__.__ .. MI. P' I J U BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR . ($ ~11o~ ~\f)..- ?1l /vJl{\A CU-2007 -AR-12419 The following facts are found: I. Section 10.08.00.D 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: 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 YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or L Affect mitigated _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes I No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 'i!7I{)~ COMMISSIONER: A_Ptl-11 rlL-, ~.e C( (! ~ . s vi- ~ FINDING OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-'" I..L afl' The following facts are found: 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. .., 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-.JL! No_ Based on the above fmdings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE:jJ,'io'.l>' MEMBER:~ ~ exHIBIT A Cd d ,\ 7A (IS ~(/ l. ~t/ tJ rr/C.;? ~c:/~?1" BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2007-AR-12419 The following facts are found: 1. Section lO.08.00.D 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: 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 effects: -L No affect or _ Affect mitigated _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ...I No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: Y. 7.. Cl r COMMISSIONER: ~qt!- .q o}-" 'f '. Legal Description ABC Fine Wine & Spirits PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER OF SECTION 3, TOWNSHIP 51 soum, RANGE 26 EAST, COLUER COUN1Y FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS fOLLmvs. COMMENCE AT THE NORTHEAST CORNER OF THE NORTIfWEST QUARTER OF SECTION 3. TOWNSHW S I SOUTH, RANGE 26 EAST, COWER COUNTY FLORIDA. THENCE RUN N 89 DEGREES 23' 53~ W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTlON J, FOR A DIST ANCB OF 324.27 FEET TO A POINT ON mE EAS"fERLy RlGHT OF WAY UNEOFCOUNTY ROAD9Sl (C.R-.9;l); nlENCERUN S3S DEGREES 40'Og" 'N, AWNG SAID EASTERLY RJGHT OF WAY LINE, FOR A DISTANCE Of.881.72 FEET TO 11IE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 54 DEGREES 20'16" E FOR A DISTANCE OF 439~9S FEET; mENCE R.UN S lS DEGREES 39'44" W FOR A DISTANCE OF ) 90.00 FEET; THENCE RUN N S4 OEOREE3 20'16" W FOR A DlST ANCE,QPl$l.29 FEET THENCE RUN N 02 DEGREES 12'01" E FOR A DISTANCE OF 24.1-i(~i~~:a~ N 54 DEGREES 33'42" W, FOR A DISTANCE OF 201.10 FEETi TI}~~)ttIN N 35 OnGR~,40'36"E FOR A DISTANCE OF I 8.22 PEEr; THENCE RUN~, N 4~IilORF.ES 19'24".,W, FdR:'A DlSTANCE OF 73,95 FEET TO A POINT ON SAID EAST Y~~tu. Uf'.WA.Y.V~E Or~OWNTY ROAD 9S I; TIfENCE RUN N 35. DE. G RBES 40:, ,..~... I , A,LO~S: D ,STE, .,'V 1u.. OHT OF WAY FOR A DrST ANCE OF 148.39 FEet T ,V ' ' ... 01:1 lliE PARCEL OF LAND DESCRIBED HEREIN. I J \ \ ",j, i i..... i _r'. l \.~,~-1J ........~_~ .......... ." ~, ~._..,. ,I.:..... t j.~ ~ ,~, ',~' TOGETHER WITH: I, 'A". \. v L . .i ~, / 0\ '.,., \ ..J~ fj- : /" '/ "7 \ ,"\, f/.._/ ALL OF GRANTOR'S RIGHT,.1T)T{.E ^" NO, lNTERit,St ~,'AND 10 TIIATCERTAIN DBCLARATlON OF REClf'R~ij:,WEMf.l'.CJ."&< ~~(>' RF..sTR1CTJVe COVENANTS RECOlIDED IN OFFICIAL RECORDS.~3~1'i!j;;PAGE 2889, AS AMENDEDBYnlA T FIRST AMENDMENT TO REClPROCALIfASa;fBNTS AND RESTRICTIVE COVENANTS RECORDED [N OFFICIAL RECORDS nOOK 3801 AT PAOI::39S7, AS FURTHER-AMENDED BY THAT SECOND AMENDMENT TO RECIPROCAL EASID.IfENTS AND RESTRICTIVE COVENANTS RECORDED IN OFFfCIAl. RECORDS BOOK 4107 AT PAGE 81 I, ALL AS RECORDED AMONG THE PUBUC RECORDS OF COLLIER OOtThTY, FLORIDA EXHmIT "B" '" 11'11 -.1/'/1 _...."'-'~,_w II"....~ (..,M1ll1UI "'m...>>OOO' ,....wl.:IOWD,..IIJ"..Il....."_l"O'...I" -z- ~ I !I I! 11 -i I~ u - .- .Q :.a ~ ~ z~ I, ^ /' / I^-" / Ie:-" / II ',', i. /! ~ " "... / 4 /! :........ , i!" ;. .......... ~ " / ~/ .......... ..........',', , I .......... " i /!I " ... / /! ~''>- , , ' I' V / · ' ,/ /" '/........... ' ,/ i ...., " i, ' .' ,'.', ' " ' ,. .'....., , " ' /...... . ....~ ' ,./ ' .... . " . ..' , I~ ' ,.... po . . ." " ,,; C.... ,.......,.. ," i " ' ,..... . .'.'" ) , . , ,.. . . .,' " " / ." ' " ...., , ," .... ' , /,,,' ' ,,'.' , ' ,<':-(-~~/ ~9/: 1'''';') """ .~ ~/ <,-,Z-j '1/ '-.. .' " jo" ,(,~ ,/ ~ ,/ II // \ 1 ' // I '" " ;' 'I " " / // I '.':~, I /;' 11 i/.) ('.' /o' / ""~~ ...../ /,/~ I. ;;;;1,/ ,/ {/// II "'~. . ,,' , ..' ' " , ~'-~, l) \ ~ /)':'1 I // II "..,' , ^ ... 1'< ,//, ~.:',." v ~" f,' -..) II {'/ / ,. . ,,' ('v F ' " . '. ",I ) / / ' .' ',:..~, "'0 "~" " I' / I ~'r '--':"," ~ ..' {, / ,,,'" ,,'. ,'o' ~.< / // ' .~" "-<-' ( , ( V) I /,' / /1 ", " '- - I',' I " "'~~'" ' I /,' I "::-"~'" " r- If',', .I,' I ,,',', '^ \...1 ),y,' I ",' v' J " I "- ":' 1---- / I ,"":-' _,// II ,'~,'_____--:::~/' I ...... .......~---_......;.../ / '---................... // , I nn~ 5!!! ! !I' ,'2fti .MaA , , , , I ;~ 11 -I I~ , , "- , , , '- ". ~o{.. b..... -t<:," "0\0 , ---/ ~ I 51 I~ f:l ~ o f::: A ~ <J ~ ~ ~ -'cI ~ ~ ~ r;: <J "l z -< -' Q,. I!! iii -' -< F Q,. '" (J a (J I ~I : ~~il · <( ~" ,~ m~i o. en;" ~ ~ ~ i~ I <<I . Sl ~iW! . o~ ' ~~. ! ~ ::E ~ · >- ~ 1,1 ,1 ~W I o~ ag ; CONDITIONS OF APPROVAL CU-2007-AR-12419 September 18, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. 2. This Conditional Use shall only allow liquor stores (SIC 5921) with more than 5,000 square feet of gross floor area in the principal structure, limited to a maximum of 12,000 square-feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US-41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. 4. The developer shall comply with buffering requirements of Resolution No. 02- 422, Exhibit B. 5. No deliveries shall be permitted between 10 p.m. and 7 a.m. Trucks having more than two axles shall only make deliveries to the subject property from 9 a.m. to 4 p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on weekends. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner. Notwithstanding Condition No.5 above, trucks having more than two axles shall not be allowed without this interparcel access connection. 7. The existing eight-foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self-storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. 8. No public entrances shall be permitted on the eastern/southeastern side of the proposed building. 9. Parking for delivery trucks shall be limited to the side of the building facing CR 951 or the side of the building facing south, towards the existing CVS Pharmacy. Exhibit D