Resolution 1980-128 (PU-80-4C) R7841-12 8 • July 8!;-411
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. R E S O L U T, I O N
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RELATING TO IfETITION NO. PU-80-4C
FOR PROVISIONAL USE OF PROPERTY HERE-
INAFTER DESCRIBED IN COLLIER COUNTY, I
FLORIDA. • T
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WHEREAS, the Legislature of the State of Florida in
Chapter 125 and 163, '.Florida Statutes, has conferred on all
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' coauLies 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 .
Comprehensive Zoning Ordinance establishing regulations for
•• the zoning of particular geographic divisions of the County, t,
among which is the granting of provisional uses; and .
WHEREAS, the Coastal Area Planning Commission; being the
• duly appointed and constituted planning board for the area
hereby affected, has held a public hearing after notice as in
b said regulations made and provided, and has considered the ad- • .
• • visability of Provisional Use 6. in a' E zone for
.
the property hereinafter described, and has found as a matter
of fact that satisfactory provision and arrangement has been
made concerning all applicable matters required by said regula-
' I tions and in accordance with Section 14-1D of the Zoning Regu-
• lations for the Coastal Area Planning District; and •
WHEREAS, all interested parties have been given opportunity
.44 to be heard by this Board in public meeting assembled and .}
the Board having considered all matters presented.
. NOW, THEREFORE BE IT RESOLVED, by the Board of County
Commissioners of Collier County, Florida, that the petition of
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Naples Bridge Club
with respect to the property hereinafter described as:
East 150 feet of Tract 75, Unit 30, Golden Gate Estates
as described in Plat Book 7, Page 57, Public Records of
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. Collier County, Florida
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BOOK 054 PACE li y.,.
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' Page L of 2 .
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, July 8, 1980 •
'If BOOK U;J PACE �,
be and the same is hereby approved for Provisional Use 6 of
the E zoning district for a social club .
subject to the following conditions: ` •
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(SEE ATTACHED) '
BE IT FURTHER RESOLVED that this resolution be recorded j
in the minutes of this Board.
Commissioner ' Brown offered the foregoing resolu-
• tion and moved its adoption, seconded by Commissar Wimer
and upon roll call, the vote was:
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- AYES: Commissioners Brown, Wiener and Pistor
• NAYS: Commissioners•Archer and Wenzel
ABSENT,AND NOT VOTING: None . ,,,V .
• ABSTENTION: None ' '
w Done this 8th day of July ,11g 80
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BOARD OF COUNTY, COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:. C% l 1 •
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.AtTACMPIPT. 1
1. Public water required.
2. Comply with fire codes and hydrants.
3. Final site drainage plan shall be submitted to
County Engineer for review and approval.
4. All signs shall be approved by the Zoning Director.
5. Provisional use expires one year from date of approval
unless construction has commenced.
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6. Any expansion requires site plan approval.
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See R-80-128
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July 8, 1980 :p;,
. BO O54 PAC O�, N.
�, SOCIAL SERVICES CASES #14-7187 & #W-6369 APPROVED FOR PAYMENT ;:
Commissioner Archer moved, seconded by Commissioner Pistor and ;�r,
t. carried unanimously 5/0, that Social Service Cases 0W-7187 and #W-6369 be
approved for payment as recommended by Martha Skinner, Social Services
Director. .
DENIAL OF PROVISIONAL USE FOR NAPLES BRIDGE CENTER BY THE BCC ON 5/20/80 .y_
REVERSED; RESOLUTION NO. 80-128 GRANTING PROVISIONAL USE - ADOPTED
County Manager Norman stated that he had advised the petitioner, Vii;.
The Naples Bridge Center, that they could appeal the Board's decision of
May 20, 1980 to deny the provisional use for the construction of a Bridge N ,
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Center along Golden Gate Parkway. k'
Mr. Passidomo, attorney for the petitioners, circulated a graphic drawing
of the subject property and its surrounding properties to the Board, and `'
. appealed to the Board to base their decision on the fact that the Bridge Club
members have met all the criteria set forth within the Zoning Ordinance for
the approval of a provisional use; that the building in question will be designed `'
similar to a residence, so as not to detract from the surrounding neighborhood; ;
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and, that the specific area for the proposed provisional use is not entirely 4;;
residential, rather, it has very few homes constructed at this time, and none ; f
of these homeowners have come forward and offered any objection to the requested
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provisional use. He added that there are other provisional uses across the
street from the subject property, including two churches. r,
Mr. Passidomo referred to the traffic considerations, and stated that his
clients will agree to share a common drive with adjacent property owners, if '1
this can be worked out, and also will agree to placing the building farther
back from the lot line if this will make it more aesthetically pleasing. °'
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• Mr. Passidomo reminded the Board that both the CAPC and the Planning
Department's recommendation was for approval of the requested provisional use, ',_'
at the time of the Board's denial , and he asked them to reconsider their H "I .
decision and to give the staff recommendation due weight.
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f . July 8, 1980 ,.
There was a brief discussion. regarding the possibility of rezoning certain
areas along the Parkway to allow for these types of ventures, such as the
Bridge Center, and Community Development Administrator Virta said that this has '`
not been completed, at this time; however, he said that he sees no reason to
hold up on making a decision on this appeal until the study regarding provisional:
uses along the Park ,dy 11 completed.
Mrs. Dorothy Johnson, 'Resident of 66th Street, S.W., said that she
represents over 90 residents in the Golden Gate area, who oppose the provisional
use. •
There was some discussion regarding the frequent claim that provisional
uses devaluate properties near their locations, and Chairman Wenzel asked "/ •
the County Attorney if the Property Appraiser has ever been asked if this were
so, and suggested that perhaps a letter from the Property Appraiser regarding
these matters would be helpful. County Attorney Pickworth said that if a person
were to claim devaluation, then, it would be that person's responsibility to F
• produce an expert's testimony verifying such a claim, and not the County's
responsibility.
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Mrs. Fran Switzer, resident on 70th Street, S.W. , stated her opposition
to the requested reversal of the Board's denial for a provisional use and cited
traffic problems; unsafe conditions for children awaiting school buses; and =.
the numbers of provisional uses already located in the area as sufficient ds
her reasons.
Mr. Robert Clark, President of Naples Bridge Club, spoke in favor of the s
provisional use. He rebutted the statement that property will be devaluated,
saying that the adjacent property has increased in price since the Club bought
the subject land.
Mr. Donald Doco, resident of Golden Gate Estates, opposed the provisional
use. He said that he was here today, in the absence of Mr. Heller, the
Chairman of the Federation of Civic Associations, and as a representative of
Golden Gate Civic Association. He objected to the procedure by which the
Board approved provisional uses, and there was a lengthy discussion regarding �}
the documentation necessary for these approvals. Mr. Doco claimed that the 1
subject provisional use as well as other provisional uses are not compatible to .
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a residential area.
09 ,.
BOOK 0.54 PAGE 09
;r� ; hoax 0I5 PACE 10 July 8, l980
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,, Mr. Passidomo offered a rebuttal to the opposition offered today, stating , '%
that these people do not live in the Unit in question and he said that their N4
argument is not relevant, and should not be considered. .
Chairman Wenzel noted that there were no objections raised from the
four owners of homes in Unit 30, end Commissioner Pistor offered that a ?4",
compromise could be made, whereby only units with more than three existing
provisional uses in them will be granted any further provisional uses, unless
conditions should change. This suggestion was discussed and it was found to
be in contradiction to the original idea behind provisional uses, in that it
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would congregate all of this type of use in one specific area, as pointed
out by Commissioner Wimer. Mr. Pickworth suggested that this be worked out
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by the CAPC and the Planning Department, and Mr. Virta said that this may be
• counterproductive, citing the eventual concentration of provisional uses in ti°
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• specific areas as his reasoning.
After a brief discussion, regarding the original denial, Commissioner
Brown moved that in accordance with the CAPC and the Planning Department's
recommendation, that the Board reverse their action of 5/20/80, specifically,
• the denial of a provisional use for the Bridge Center, and that Resolution
No. 80-128 granting the subject provisional use be adopted. Motion was seconded
by Commissioner Wimer and Chief Deputy Clerk Harold Hall called the roll: 'n.
Commissioner Brown Aye
Commissioner Wimer Aye
Commissioner Pistor Ave
Commissioner Archer Nay
Commissioner Wenzel Nay
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