Resolution 2005-400
RESOLUTION NO. 05 - 400
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE TO ALLOW AN OFFICE SUPPLY
STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN
THE C-3 ZONING DISTRICT (WITH AN "ST"
OVERLA Y) PURSUANT TO THE PREVIOUS COLLIER
COUNTY LAND DEVELOPMENT CODE, SECTION
2.2.14,3.11 (PROPOSED LDC SECTION 2.04.03, TABLE
2), FOR PROPERTY LOCATED 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
I
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection ofthe public; and
WHEREAS, the County adopted the previous Land Development Code (LOC)
(Ordinance No. 91-02) in October of 1991 which was subsequently amended over time
and included the comprehensive zoning regulations for the zoning of particular
geographic division of the County, among which was the granting of Conditional Uses;
and
WHEREAS, the County pursuant thereto has adopted a new LDC (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 new LDC omits the provisions serving as a basis for the type of
conditional use sought by the petitioner in this case and thus causes a conflict pursuant to
Paragraph Five, Contlict and Severability, of Ordinance No. 2004-41 as amended, the
new LDC, and
WHEREAS, the Board of Zoning Appeals, 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 to allow an office supply store in excess of 5, 000 square feet within the
C-3 Zoning District (with an "ST" Overlay) pursuant to the previous but still effective
LDC Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2), on the property
hereinafter described, and the Collier County Planning Commission has found as a matter
of fact (Exhibit flAfI) that satisfactory provisions and arrangements have been made
Page 1 of2
concerning all applicable matters required by said regulations and in accordance with
Subsection 10.08,OO.D. of the LDC; and
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:
The petition, CU-2005-AR-7586, filed by D. Wayne Arnold of Q. Grady Minor &
Associates, P A representing Southern Center in Naples, LC, with respect to the property
hereinafter described in Exhibit "B," and the same is hereby approved with conditions as
those conditions are enumerated in Exhibit "D" for a conditional use according to the
previous but still effective Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2)
I
of the LDC in the C-3 Zoning District (with an "ST" Overlay) for an Office Depot that
will be a maximum of 17,500 square feet in size, in accordance with the Conceptual Site
Plan (Exhibit "C").
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.
,
- r/' /l/,j;l e,}YIl' <. r
Done this /, "") 'day of ,2005.
ATTEST: BOARD OF ZONING APPEALS
DWIGHTE. BR.OCK,CLERK COLLIER COUNTY, FLORIDA
."
~ (JJC. BY: '1L<~ W ~
utyClerk . FRED W. COYLE, CHAI AN
~ttes~ as tQ Cha1naan ,
i1gnot'ur..'OnlJ
'1\/ \~1Vl ~)11 j}CUd..t'H' L -lJr{ Lc,' { "-
Marjot' e M. Student-Stirling ,.
Assistant County Attorney
CU-2005-AR-7586/KD/sp
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan dated March 2005\
Exhibit D: Conditions of Approval
Page 2 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7586
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.
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 tI
- -
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 c<1tastrophe:
Adequate ingress & egress
Yes ,/ No
-
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or -.L'Affect mitigated by b ~(fe.[S ( [oeiA-f,v.-.
_ 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) be
recommended for approval to the Board of Zoning Appeals.
/' CHAIRMAN:~ ~
DATE: q - (C:j '0')
EXHIBIT A
""""~-~~"'-"'"-"""'~"--- -",.,.,"
concerning all applicable matters required by said regulations and in accordance with
Subsection 1O.08.00.D. of the LDC; and
WHEREAS, aJ] 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:
The petition, CU-2005-AR-7586, tiled by D, Wayne Arnold ofQ. Grady Minor &
Associates, PA representing Southern Center in Naples, LC, with respect to the property
hereinafter described in Exhibit "B," and the same is hereby approved with conditions as
those conditions are enumerated in Exhibit "D" for a conditional use according to the
previous but still effective Section 2.2.l4.3.11 (proposed LDC Section 2.04.03, Tab]e 2)
of the LDC in the C-3 Zoning District (with an "ST" Overlay) for an Office Depot that
will be a maximum of ]7,500 square feet in size, in accordance with the Conceptual Site
Plan (Exhibit "C").
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.
Done this day of ,2005.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Marjorie M. Student-Stirling
Assistant County Attorney
CU-2005-AR,7586/KD/sp
Attachments: Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan dated March 2005\
Exhibit D: Conditions of Approval
Page 2 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
The following facts are found:
l. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development
Code authorized lhe 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~ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: jj I~l 6 ~ MEMBER: ~ ~
EXHIBIT A
"",..,,"......,"0"._ .;<..>-- -~-~,-
I 1
I
I
I LEGAL DESCRIPTION
I
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SEC770N 3,
I
I TOWNSHIP 57 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 3. TOWNSHIP 57 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 8973'53' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SEC770N 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTFRL Y RIGHT OF WA Y LINE OF COUNTY ROAD 957 (C.R. 957); THENCE RUN
S 35'40'08" W, ALONG SAID EASTFRL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
BB? 72 FEET TO THE POINT OF BEGINNING OF THE PARca OF LAND HEREIN
I DESCRIBED:
THENCE RUN S 54"20'16" E FOR A DISTANCE OF 439.95 FEET;
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POIN T ON THE NOR THERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.S 47): THENCE RUN N 54"20'76' W, ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET,' THENCE RUN
I />/ 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTFRL Y RIGHT OF WA Y LINE OF COUNTY ROAD 957 (C.R. 951).-
I THENCE RUN N 35'40'08" E, ALONG SAID EASTFRL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365. 00 FEET TO THE
POINT OF BEGINNING OF THE PARca OF LAND DESCRIBED HEREIN,
CON TAINING 4. 016 A CRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 57 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FI..ORIDA, AS BEING N 89"23'53" W.
I
I THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA 770NS AND/OR RESTRICTIONS OF RECORD.
Date: 4-&'-05
SIGNED, -?- -Z..-v ~ P. S. M. #6408 CU-2005-AR-7586
~ TEPHEN V. BURGESS STA TE OF FLORIDA
Exhibit B
,
i
I * NOT A SURVEY * DRA WN BY: J.C.L. SHEET: 1 OF 2 SECTION #: 3-51-26
I
i Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
i
,~' CIVIL ENGINEERS . LAND SURVEYORS · PLANNERS ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
rO' 3800 VIA DEL REY SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 EAST
t ',', BONITA SPRINGS, FLORIDA 34134 COLLIER COUNTY, FLORIDA
,-
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE: ESN DRAWING #: B-2241-7
CERTlFlCATE OF AUTHORIZATION NUMBER LB 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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.
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 ~ 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
Yes t/' No
- -
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects: /
~o affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible us/thin district
Yes No
- -
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 9-- /5/ OS'- MEMBER: ~0
EXHIBIT A
....- -- ~~,._---._"'-"
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST OUARTER OF SECTlON .3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST OUARTER OF
SECTlON 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 8973'53' W. ALONG THE NORTH LINE OF THE NORTHWEST OUARTER
OF SAID SECTlON .3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN
S 35'40'08" W. ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED:
THENCE RUN S 5470'16" E FOR A DISTANCE OF 439.95 FEET,'
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (u.s. 41): THENCE RUN N 5470'16' W. ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET,' THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUN TY ROAD 951 (CR. 951);
THENCE RUN N 35'40'08" E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CONTAINING 4.016 ACRES; MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
OUARTER OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 89"23'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS; RESERVA TlONS AND/OR RESTRICTlONS OF RECORD.
Dote: 4-& -os
SlCNED, ""== em -v ~ P.5.M. #6408 CU-2005-AR-7586
~ TEPHEN V. BURGESS STA TE OF FLORIDA
Exhibit B
* NOT A SURVEY * DRAWN BY: J.C,L. SHEET: '1 OF 2 SECTION #: 3-51-26
Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS . PLANNERS
3800 VIA DEL REY SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST
BONITA SPRINGS, FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE: ESN DRAWING #: B-2241-7
CERTlFICATE OF AUTHORIZATION NUMBER LB 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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:
'(h n\-~
{' t1r'1, C /\~ ,G H' ,',
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 I No
-
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
j 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 .( No
-
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
:\t-e=, L~ -
. / MEMBER: J-< L-
DATE: ;C, J(' O~
. )
EXHIBIT A
....,'-,,-N"'.-.4 ~'.....-~, "<1>'"- ..----""".'.----,"__,..,...,,'"
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECTION .J,
TOWNSHIP 57 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST OUARTER OF
SECTION 3. TOWNSHIP 57 SOUTH, RANGE 26 EAST; COLLIER COUNTY, FLORIDA;
THENCe RUN N 89"23'53' W, ALONG THE NORTH LINE OF 17iE NOR17iWEST QUARTER
OF SAID SECTION .J, FOR A DISTANCE OF 324.27 FEET TO A POINT ON 17iE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 957 (CR, 957); 17iENCE RUN
S 35'40'08" W, ALONG SAID EASTERL Y RIGHT OF WA Y LINE. FOR A DISTANCE OF
88772 FEET TO 17iE POINT OF BEGINNING OF THe PARCEL OF LAND HEREIN
DESCRIBED;
THENCe RUN S 54"20'76" E FOR A DISTANCE OF 439.95 FEET;
THENCe RUN S 35:39'44u W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (u.s. 47); THENCE RUN N 54"20'16' W. ALONG SAID NOR17iERL Y
RIGHT OF WA Y LINE. FOR A DISTANCE OF 379.38 FEET; THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 957 (C.R. 957);
THENCe RUN N 35'40'08" E. ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CONTAINING 4.076 ACRES, MORE OR LESS
BEARINGS SHOWN HEREON ReFER TO THE NORTHERL Y LINE OF THE NORTHWEST
OUARTeR OF SeCTlON.J, TOWNSHIP 57 SOUTH, RANGE 26 eAST, COLLIeR COUNTY,
FLORIDA, AS BEING N 8973'53" W.
THIS PROPERTY IS SUBJECT TO EASEMeNTS, RESeR VA TlONS AND/OR RESTRICTIONS OF RECORD.
Dote: 4-&,-05
9CNEO.. >-: -r- -V ~ p. S. M. #6408 CU-2005-AR-7586
-"STEPHEN V. BURGESS STA TE OF FLORIDA
Exhibit B
i * NOT A SURVEY * DRA WN BY: J.e.L. SHEET: '1 OF 2 SECTION t 3-51-26
i
Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS · PLANNERS
3800 VIA DEL REY SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST
BONITA SPRINGS. FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE: ESN DRAWING #: B-2241-7
CERTIFlCATE OF AUTHORIZATION NUMBER LB 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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.
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 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 ,tk. egress
Yes ,/' 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:
Compatible uslwithin district
I I
Yes No
- -
Based on the above findings, this conditional use should, wit stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
/
r
f J /'
DATE: (.11.J<j~\ MEMBER:
J ' tl:aO
EXHIBIT A
".._~_. <0"...... _ _,..,,~""""'_~,.."_","""'-"'__',a...'"' ..', ,~.'~'~-_..._".~
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECT/ON J.
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST OUARTER OF
SECTION J. TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 8973'53' W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION J. FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951); THENCE RUN
S 35'40'08" W, ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED;
THENCE RUN S 5470'16" E FOR A DISTANCE OF 439.95 FEET;
THENCE RUN S 35"39'4r W FOR A DISTANCE OF 400.00 FEET
TO A POIN T ON THE NOR THERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.s. 41); THENCE RUN N 5470'16' W, ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET; THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951);
THENCE RUN N 35'40'08N E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POIN T OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CON TAINING 4,016 A CRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
QUARTER OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 8973'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA T/ONS AND/OR RESTRICTIONS OF RECORD.
Dote.' 4-~-o5
SIGNED.. "...... -cr.... -V ~ p, S. M. #6408 CU-2005-AR-7586
~TEPHEN v. BURGESS STA TE OF FLORIDA
Exhibit B
* NOT A SURVEY * DRAWN BY: J.C.L. SHEET: . 1 OF 2 SECTION #: 3-51 -26
Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS . PLANNERS
3800 VIA DEL REY SECTION 3, TOWNSHIP 51 SOUTH, RANCE 26 EAST
BONITA SPRINCS, FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE: ESN DRAWING #: B-2241-7
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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.
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:
_ 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, / No
-
Based on the above findings, this conditional use should, with stipulations, (~ attached) be
recommended for approval to the Board of Zoning Appeals. .
~,"'7
/ - .~~
DATE: / - ./::. I " MEMBER: /~:c, ",'
..... '-"
EXHIBIT A .j") .-. -
~'-\" -' c- ,_: L / r:'- /(/~,-:'; ;,./-- ..
- ._..,-,---,-~'" ._,_~,_...~,..'~m',"~.'''"''~ '" ,",,,,,""..,,.-,~."....,.~,....,,.,,,-",,,~'--~-'.' .'~--_.._.~...
-,-.,......--....
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECTION 3.
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION J, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 89"23'53' W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 3. FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C,R, 951); THENCE RUN
S 35'40'08" W. ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
88772 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED;
THENCE RUN S 54"20'16" E FOR A DISTANCE OF 439.95 FEET,'
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.s. 41); THENCE RUN N 54"20'16' W. ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET,' THENCE RUN
N 24'19'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR. 951);
THENCE RUN N 35'40'08" E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEU TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CONTAINING 4.016 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
QUARTER OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 89"23'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA TlONS AND/OR RESTRICTIONS OF RECORD.
Dote: 4-&-05
SIGNED.. >-: -7-.-1.' ~ P.SM. #6408 CU-2005-AR-7586
~ TEPHEN V. BURGESS STA TE OF FLORIDA
Exhibit B
* NOT A SURVEY * DRAWN BY: J.C.L. SHEET: 1 OF 2 SECTION #: 3-51 -26
Q. GRADY MINOR AND ASSOCIATES, P,A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS · PLANNERS
3800 VIA DEL REY SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST
BONITA SPRINGS, FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE: ESN DRAWINC #: B-2241-7
CERTlFlCATE OF AUTHORIZATION NUMBER L8 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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.
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 I' No
-
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or / Affect mitigated by)J--> I: .
_ Affect cannot be mitigated I /v -
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL No
-
Based on the ahove findings. this conditional use should, "i!th stipul~ns, (copy attached) be
recommended for approval to the Board of Zoning Appeals. \)
I I I' ~
i \ I ~ ..~
" , , I /
( \. / ' , . I I
DATE: ~ ,- \~ ~ MEMBER: ' /l<-\ i. I
1 \
EXHIBIT A
~ "-~~"~"-"'--'-,_._,",",..,,,^. ~,~,--"-' ...._"',._~ ~~~"m' ..
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST OUARTER OF SECllON 3.
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF THE NORTliWEST OUARTER OF
SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
TliENCE RUN N 89'23'53' W. ALONG TliE NORTH LINE OF TliE NORTliWEST QUARTER
OF SAID SECTION 3. FOR A DISTANCE OF 324.27 FEET TO A POINT ON TliE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (G.R. 951); THENCE RUN
S 35'40'08" W. ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED;
THENCE RUN S 54'20'16" E FOR A DISTANCE OF 439.95 FEET,'
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.S 41); THENCE RUN N 54'20'16' W. ALONG SAID NORTliERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 319.38 FEET,' THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON TliE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (G.R. 951);
THENCE RUN N 35'40'08" E, ALONG SAID EASTERLY RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN.
CONTAINING 4.016 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO TliE NORTHERL Y LINE OF THE NORTliWEST
QUARTER OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 89'23'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA TlONS AND/OR RESTRICTIONS OF RECORD.
Dote: 4-& -05
SIGNED, 9- -'7- -V ~ P.S.M. #6408 CU-2005-AR-7586
~ TEPHEN V. BURGESS STA 7E OF FLORIDA
Exhibit B
* NOT A SURVEY * DRAWN BY: J.C.L. SHEET: 'I OF 2 SECTION #: 3-51-26
Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS . PLANNERS
3800 VIA DEL REY SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 EIIST
BONITA SPRINCS, FLORIDA 34134 COLUER COUNTY, FLORIDA
PHONE: (941) 947-114-4- FAX: (941) 947-0375 DATE: 04/03 JOB CODE.' ESN DRAWING #: B-2241-7
CERTlFlCATE OF AUTHORIZATION NUMBER LB 5151
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7586
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.
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 V No
W rn.. 517 P tH- ~ M / 11 ~ 11--77 () /.J
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:
~o 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 / No
-
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 115-j()S MEMBER:A.-.Ih:z-u,"---JZ<c( ('~
/
EXHIBIT A
''''~,~ -',"'''.-,...,.,.....,..' -,... ~ ..,"'_..._"-~',"~,,"
.,"._..,",-'_..,..,~,"~.' '~"'------""'.
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECTION J;
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 89'23'53' W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR, 951); THENCE RUN
S 35'40'08" W, ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
88772 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED:
THENCE RUN S 54'20'16" E FOR A DISTANCE OF 439.95 FEET;
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.S 41); THENCE RUN N 54'20'16' W. ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET; THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR. 951);
THENCE RUN N 35'40'08" E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CONTAINING 4.016 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
OUARTER OF SECTION J; TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 89'23'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA 770NS AND/OR RESTRICTIONS OF RECORD.
Date: 4-&-05
SIGNED, ."...... --r--- -V ~ P,S.M. #6408 CU-2005-AR-7586
~ TEPHEN V. BURGESS STA TE OF FLORIDA
Exhibit 8
* NOT A SURVEY * DRA WN BY: J.C.L. SHEET: '1 OF 2 SECTION #: 3-51-26
Q. GRADY MINOR AND ASSOCIATES, P.! LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS · PLANNERS
3800 VIA DEL REY SECTION 3. TOWNSHIP 5f SOUTH, RANGE 26 EAST
BONITA SPRINCS. FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE.' E SN DRAWING #: B-2241-7
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE THE NORTHWEST QUARTER OF SECTION 3.
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCE A T THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION J. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
THENCE RUN N 89"23'53' W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 3. FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (CR. 951); THENCE RUN
S 35'40'08" W. ALONG SAID EASTERL Y RIGHT OF WA Y LINE, FOR A DISTANCE OF
887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED;
THENCE RUN S 54"20'16" E FOR A DISTANCE OF 439.95 FEET;
THENCE RUN S 35:39'44" W FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE NORTHERL Y RIGHT OF WA Y LINE OF TAMIAMI
TRAIL (U.S, 41); THENCE RUN N 54"20'16' W. ALONG SAID NORTHERL Y
RIGHT OF WA Y LINE, FOR A DISTANCE OF 379.38 FEET,' THENCE RUN
N 2479'52" W FOR A DISTANCE OF 69.99 FEET TO A POINT ON THE
SAID EASTERL Y RIGHT OF WA Y LINE OF COUNTY ROAD 951 (C.R. 951);
THENCE RUN N 35'40'08" E, ALONG SAID EASTERL Y RIGHT OF WA Y LINE
OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN,
CONTAINING 4.016 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO THE NORTHERL Y LINE OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AS BEING N 89"23'53" W.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER VA TlONS AND/OR RESTRICTIONS OF RECORD.
Dote.' 4-&,-05
SlGNm ,.....- -r' V~ P'S,M. #6408 CU-2005-AR-7586
~TEPHEN I/. BURGESS STA TE OF FL ORIDA
Exhibit B
· NOT A SURVEY · DRAWN BY: J.C.L. SHEET: '1 OF 2 SECTION #: 3-51-26
Q. GRADY MINOR AND ASSOCIATES, P.A. LEGAL DESCRIPTION
ECKERDS - SOUTH NAPLES - SOUTHERLY PARCEL
CIVIL ENGINEERS . LAND SURVEYORS · PLANNERS
3800 VIA DEL REY SECTION 3. TOWNSHIP 51 SOUTH. RANGE 26 EAST
BONITA SPRINGS, FLORIDA 34134 COLLIER COUNTY, FLORIDA
PHONE: (941) 947-1144 FAX: (941) 947-0375 DATE: 04/03 JOB CODE.' ESN DRAWINC #: B-2241-7
CERTIFlCATE OF AUTHORIZATION NUMBER LB 5151
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j'/ ........"- CU-2005-AR-7586 ! ~ i
;/ Exhibit C II I
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CONDITIONS OF APPROV AL
1. The Conditional Use approval to allow a 17,500 square foot Office Depot store, further defined in
the Standard Industrial Classification Manual (SIC Code) as a Stationary Store, Use Number 5943, is
limited to a maximum of 17,500 square feet of building area. The use shall be contained in one, one story
building, The use is further limited to what is depicted on the site plan identified as "Conditional Use
Conceptual Site Plan" prepared by Q, Grady Minor and Associates, Inc., last revised August 17, 2005,
except as further conditioned below.
2. The parking area, dumpster and delivery areas must be located essentially as shown on the
Conceptual Site Plan. They shall not be located between any commercial structure on the subject property
and the property line shared with the Falling Water Beach Resort.
3. The Conditional Use will expire three years from the date of approval, however Conditional Use
extension approval may be sought if such is allowed by the LDC regulations in effect at that time.
4. Parking areas must be provided in compliance with the LDC requirements in effect when
development approval is sought, with the limitation noted in paragraph 2 above,
5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site
plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan process.
No variances from any LDC requirements have been granted as part of the acceptance of the subject site
plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan
must be brought into compliance prior to the issuance of any site development plan approval.
6. Development order approvals beyond Conditional Use approval shall only be granted by Collier
County at such time as roadway capacity (as determined by Collier County Transportation Staff) exists to
support the entire project.
7. The developer shall provide a six-foot-high wall along that portion of the north property line
abutting residential uses,
8. The developer shall comply with buffering requirements of Exhibit B from the original ST permit
except where the Office Depot use changes the layout of the landscaping. In those instances, the quantity
of landscaping displaced must be placed elsewhere on-site.
9. The development shall provide a proportionate fair share commitment, not limited to monetary
considerations, of any newly created developers' agreement that may come out of the private sector
attempts to improve the road conditions in that area.
10. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns,
shall pay to the Collier County Affordable housing Trust Fund the sum of $0.50 per square foot of retail
floor area. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees
that may be adopted in the future by the County relating to the provision of affordable or workforce
housing.
CU-2005-AR-7586
Exhibit D
(G:\Current\Deselem\Conditional Uses\Office Depot - CU-2005-AR-7586\Conditions of Approval per BCC 11-28-05,rtf)
.....-.".-_"~.,"-~ ..-,.. " "'"'_.-'-'"-
..-------.-