Resolution 1993-549 RESOLUTION 93- 549
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NOVEMBER 23, 1993
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF .
BOAT STORAGE AND SALES CONDITIONAL USE IN THE C-4
ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3.4 OF
I ' THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 18, TOWNSHIP 52
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
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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
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the protection of the public; and
' r- WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102
) , as amended, which includes
'i?" 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 Collier County Planning Commission, being the
re.
: duly appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
A j ,
regulations made and provided, and has considered the advisability
of Conditional Use "4" in a C-4 zone for boat sales and storage on .
the property hereinafter described, and has found as a matter of
fact (Exhibit "A") that satisfactory provision and arrangement has
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been made concerning all applicable matters required by said
regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; and
WHEREAS, all interested y
a.' parties have been given opportunity to i I
be heard by this Board in a
public meeting assembled and the Board
r.. 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 Arthur C.
, Quinnell, representing David
a I ,
.-? Law, with respect to the property hereinafter described as:
ti•
Exhibit "B" which is attached hereto and incorporated by
reference herein
1'11'41
be and the same is hereby approved for Conditional Use "4" of the
C-4 zoning district for boat sales and storage in accordance with
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the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions: MX OOo PASt 73
-1-
'' g 1. The Current Planning Mana er ma a NOVEMBER 23 1993
1 the location, annin g y approve minor changes in of buildins,
and improvements authorizedibytthe conditional susecturea,
Expansion of the uses identified and approved within this i
plan submitted as part of this application, shall
require the submittal of a new conditional use
application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including
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Division 3.3, Site Development Plan Review and Approval,
of the Collier County Land Development Code (Ordinance
No. 91-102, as amended) .
2. A minimum 15 foot wide type "B" landscaped buffer shall
be provided along the property's western and northern
boundaries where abutting VR zoned property and along the
property's southern boundary where abutting the Coon Key
Condominium.
3. A detailed water management plan with a method to
discharge excess runoff off-site shall be included in the
site development plan submittal.
4. The entrance drive shall be limited to 24 feet maximum
A
width and shall be shown on the site development
submittal. P plan i
5. A detailed plan of water service to the sales building
and letter of water availability from Collier County
Utilities Division shall b.� submitted prior to site
development plan approval.
6. Boat docking, launching or fueling facilities are not
authorized by this conditional use approval.
7. Boat engines shall be operated only for periodic and
routine maintenance and shall not be operated for sales
display or engine repair.
a
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
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Commissioner Vn1pp offered the foregoing
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Resolutio
w n and moved for its adoption, seconded by Commissioner
Norris and upon roll call, the vote was:
.
AYES: Commissioner Volpe, Commissioner Norris, Commissioner Matthews,
e Commissioner Saunders
'= NAYS: Commissioner Constantine
I
" ABSENT AND NOT VOTING:
` ,+ ABSTENTION:
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' Done this
23 day of November 1993.
BOARD OF ZONING APPEALS
COLLIE COUNTY, F IDA
BURT L. SAUNDERS,:,ATTE T f. ERS, CHAIRMAN
Iy, • ,DWIGHT E. BROCK�, CLERK
I
� #''•VED AS.TO FORM AND ROOK OCU PAGE 74
7;. LEdAI1 SUFFICIENCY:
MAR7q;tIE M. STUDENT
Y, ASSISTANT COUNTY ATTORNEY
CU-93-12 RESOLUTION/nb/10230
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f
;4 NOVEMBER 23, 1993
9
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a„ FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION •
!'., FOR
A CONDITIONAL USE PETITION
FOR
CU-93-12
The following facts are found:
1. Section 2.2. 15.3.4 of the Land Devlopment
1.
Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
i the public interest and will not adversely affect other •
I property' or uses in the same district or neighborhood
1 because of:
A. Consistency with the Land Development Code and
Growth Managemen 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:
I No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
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Compatible within district
Yes No
I Based on the above findings, this conditional use should, j
with stipulations --. attached) (should not) b
recommended for approval _
DATE: 101°13 CHAIRMAN: `
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i5It FINDING OF FACT CHAIRMAN/md
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Exhibit "A"
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DESCRIPTION
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The, upland portion of a parcel of land lying in Tract 2,
° Goodiand Isles, Second Addition as recorded In Piet Book 8,
Peg: 19, Public Records of Collier County, Florida.
Beginning at the Southeast corner of Lot 24, Goodland Isles, + 1
First Addition, as recorded in Plat Book 8, Page 1 , of the
Public Records of Collier County, Florida; thence South
16.06117" West 64.00 feet to•the Point of Curvature of a
circular curve concave to the Northwest having a radius of ?
50.00 feet; thence along the arc of said curve to the right
for a distance of 23.21 feet thru a central angle of
26.35142"; thence South 15.44147" East 27.88 feet; thence '
South 16.06117" West 94.03 feet; thence South 55.38'23" East
216.47 feet; thence North 16.06117" East 295.43 feet to the
• Point of Curvature of a circular curve concave to the '
Southwest having a radius of 100.00 feet; thence along the " '
arc of said curve to the left for a distance of 181 .41 feet
thru a central angle of 104.00100"; thence North 87.53'43" ; i
West 117.28 feet; thence South 02.06117" West 95.00 feet to
the Place of Beginning.
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Bearings are based on Goodiand Isles, Second Addltlon,.Plet
Book 8, Page 19, Public Records of Collier County,' Florida. 5. .
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