Resolution 2009-099
RESOLUTION 09- 99
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO
ADMINISTRATIVE APPEAL ZLTRA-2009-AR-I4174, WHICH
APPEALED ZONING VERIFICATION LETTER ZLTR-2008-
AR-13025 REGARDING USES PERMITTED IN THE MIR-
MAR POD, LOCATED IN THE RANDALL BOULEVARD
COMMERCIAL SUBDISTRICT OF THE GOLDEN GATE
AREA MASTER PLAN, IN 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, Zoning Verification Letter ZL TR-2008-AR-13025 was issued by the Collier
County Department of Zoning and Land Development Review on April 18, 2008, and the same
was re-issued on December 30, 2008, which denied permission for the establishment of a retail
clothing store within the Mir-Mar PUD; and
WHEREAS, Dwight Nadeau of RWA Inc., on behalf of Mr. Mario Castenada, filed
Appeal No. ZLTRA-2009-AR-14l74 appealing Zoning Verification Letter ZLTR-2008-AR-
13025; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals ("BZA") 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 ZLTRA-2009-AR-14174, appealing the County staffs Zoning
Verification Letter ZLTR-2008-AR-13025, filed by Dwight Nadeau ofRWA Inc., on behalf of
Mr. Mario Castenada, for the property known as the Mir-Mar PUD, is hereby GRANTED on the
following grounds:
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1. The BZA finds that the opinion in the Zoning Verification Letter ZLTR-2008-AR-13025
is inconsistent with the County's Growth Management Plan, the Land Development Code
and the Mir-Mar PUD Ordinance No. 98-72.
2. The BZA finds that the term "Shopping Center" as fouod in the Randall Boulevard
Commercial Subdistrict of the Golden Gate Area Master Plan of the County's Growth
Management Plan and the Mir-Mar PUD Ordinance includes all C-2 uses currently
defined in the County's Land Development Code.
3. The BZA finds that the term "Shopping Center" is a catch-all term for all C-2 land uses
not currently detailed in the Randall Boulevard Commercial Subdistrict of the Golden
Gate Area Master Plan of the Growth Management Plan and the Mir-Mar PUD
Ordinance No. 98-72.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote, this 14th day of April,
2009.
ATTEST:"'""",,,,,.
Dwight E. BroC12>:.etE~' .
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BOARD OF ZONING APPEALS
COLLIER C UNTY, FLORIDA
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By:
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By:
DO A FIALA, CHAIRMAN
Approved as to form and
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HttDI ASHTON-CICKO
Assistant County Attorney
Land Use Section Chief
draft - J" revised
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