Resolution 2012-120RESOLUTION NO. 12- 12 0
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA DETERMINING THAT A TIRE
STORE WITH MINOR AUTOMOTIVE REPAIRS IS A
COMPARABLE AND COMPATIBLE USE WITHIN THE BUSINESS
DISTRICT DESIGNATED AREA OF THE CREEKSIDE
COMMERCE PARK CPUD, AS AUTHORIZED IN SECTION 4.3.A.14
OF ORDINANCE 06 -50. THE SUBJECT PROPERTY IS LOCATED IN
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida 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 (LDC)
(Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on October 24, 2006, by Ordinance 06 -50, the Board of County Commissioners of
Collier County approved a Commercial Planned Unit Development (CPUD) known as the Creekside
Commerce Park CPUD for the subject property; and
WHEREAS, Section 4.3.A of the Creekside Commerce Park CPUD provides for certain
permitted uses, including Subsection 4.3.A.14, "any other use or service which is comparable in
nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose
statement of the District and which the Community Development and Environmental Services
Administrator determines to be compatible in this District "; and
WHEREAS, the Petitioner, D. Wayne Arnold, AICP, on behalf of the property owner,
Creekside West, Inc., requested a determination as to the property described in Exhibit "A" that a tire
store with minor automotive repair is a comparable and compatible use to the permitted uses of the
business district area of the CPUD; and
WHEREAS, the PUD permits "convenience store and gasoline filling station" uses; and
WHEREAS, the Growth Management Division Administrator (successor to the Community
Development and Environmental Services Administrator) determined that "retail tire sales with minor
automotive repair" is a permitted use in the CPUD by Zoning Verification letter dated June 18, 2012, attached
as Exhibit "B"; and
WHEREAS, staff requests an affirmation of the Administrator's determination by the Board of
Zoning Appeals that a tim store with minor automotive repair is a comparable and compatible use within the
business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of
the CPUD; and
Creekside Commerce Park CPUD
Rev. 6/19/12 1 of 2
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
the Board having considered granting the request by Creekside West, Inc., as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit "A ":
The Zoning Verification letter dated June 18, 2012 is affirmed; and a tire store with minor
automotive repair is a comparable and compatible use within the business district designated area of the
Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD, subject to the
following conditions:
(a) The property described in Exhibit "A" shall not have a driveway connection to
Immokalee Road; and
(b) Any bay doors or overhead doors on buildings or structures located on the
property described in Exhibit "A" shall not face Immokalee Road.
�4
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this day of
2012.
ATTEST:
DWIGHTk BROCK"CL;ERK
By:
attalt is ,o owl jJut erk
Approved as to form and
legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Legal Description
Exhibit B — Zoning Verification Letter
12- CPS -01 174/6
Creekside Commerce Park CPUD
Rev. 6/19/12 2 of 2
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: _ -a W
FRED W. COYLE, Chairman
EXHIBIT A
LEGAL DESCRIPTION
LOT 3, UNIT ONE OF THE CREEKSIDE COMMERCE PARK
WEST - UNIT ONE SUBDIVISION PLAT RECORDED IN
PLAT BOOK 29, PAGES 57 -58 OF THE PUBLIC RECORDS OF
COLLIER COUNTY
LESS AND EXCEPT THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3662, PAGE 1812, ET SEQ. OF
THE PUBLIC RECORDS OF COLLIER COUNTY AND THE
EAST 32.84 FEET OF LOT 3
12-CPS-01 174/7
ae f- Cou-H.ty
Growth Management Division
Planning & Regulation
Land Development Sel .Aces
June 18, 2012
D. Wayne Arnold, AICP
Q. Grady Minor & Assocites, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in
Section 27, Township 48 South, Range 25 East, Collier County, Florida.
Dear Mr. Arnold:
Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the
Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to
determine if a use is consistent with the other uses in the CPUD.
You requested verification of the use of a tire store with minor automotive repair on the subject
site.
Your letter cites research and concludes that a tire store with minor automotive repair is
comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a
compatible land use within the CPUD.
Based on the research and analysis presented, it is the opinion of the Growth Management
Division Administrator (successor -in- authority to the Community Development and
Environmental Services Administrator) that the following land use is a permitted use in the
Creekside Commerce Park CPUD:
Tire Store with Minor Automotive Repair, with the following conditions:
• There shall be no direct access to Immokalee Road.
• Bay doors /overhead doors shall not face Immokalee Road.
• This determination is specific to Parcel ID number 29331190725.
Please note: according to the Office of the County Attorney, this determination must be
affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a
hearing is scheduled and when advertising fees are due.
Please be advised that the information presented in this letter is based on the Collier County
Land Development Code and /or Growth Management Plan in effect as of this date. It is
possible that subsequent amendment(s) to either of these documents could affect the validity of
this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
Department of Land Development Services • 2800 North Horseshoe Drive • Naples, FL 34104 • 239 -252 -2400 • www.colliergov.net
EXMbk B
Page, of -421—
related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County Land Development Code or related ordinances.
Should you require further information or have any questions, please do not hesitate to contact
me at (239) 252 -6064 or nickcasalanguida @colliergov .net.
Sincerely,
Raymond V. Bellows, Planning Manager
Gr h Management Division
ick Casalanguida, Administ ator
Growth Management Division
cc:
Mike Bosi, AICP, Zoning Director
Fred Reischl, AICP, Senior Planner
Peggy Jarrell, Addressing Section
Laurie Beard, Commitment Tracking
Exhibit B
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