Resolution 1994-157
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RESOLUTION 94- 157
A RESOLUTION PROVIDING FOR THE ES1'ABLISHMENT OF
MARINA CONDITIONAL USE IN THE "RT" ZONING
DISTRICT PURSUANT TO SECTION 2.2.8.3.2 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE
25 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 establish, coordinate and
enforce zoning and such business regulations as are necessary for
the protection of the publici and
WHEREAS, the County pursuant thereto has adopted a Lnnd
Development Code (Ordinance No. 91-102) which includes a
Comprehensive Zoning Ordinance establishingcegulations for the
zoning of particular geographic divisions ct the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area hereby
affected, has held a pUblic hearing after notice as in sajd
regulations made and provided, and has considered the advisability
of Conditional Use 11211 of Section 2.2.8.3 in an "RT11 zone for a
marina on the property hereinafter described, and has found as a
matter of fact (Exhibit "A'l) that satisfactory provision and
arrangement has 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 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:
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The petition filed by Donald A. Pickworth of Donald A.
Pickworth, P.A. representing Island Marina, Inc. with respect to
the property hereinafter described as:
Exhibit liB" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "2" of
Section 2.2.8.3.2 of the "RT" zoning district for a marina in
accordance with the Conceptual Master Plan (Exhibit "C") and
sUbject to the following conditions:
All original conditions of approval pursuant to Resolution
90-600 and exhibits thereto except as hereinafter amended.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Saundecs
offered the foregoing
Resolution and moved for its adoption, secC'~-lded by Commissioner
Vr,lpp
and upon roll call, the vote was:
AYES: Commissione~ Saunders I Commissioner Volpe, Commissioner Norris,
Commissioner Matthews, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
8th
day of
March
, 1994.
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LEGAL SUFFICIENCY:
BY:
APPEALS
FLO L~
'J'Yvi6f A '.L hi. .{ku."'~tJ::.
MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-20
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FINDING OF FACT
BY
COLLIER COlmTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-93-20
The following facts are found:
1. Section 2.2.8.3.2 of the Land Devlopment
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 p~:
Yes .;;r-- 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 ingr~ &,egress
Yes No
C. Aff~ects neighboring properties in relation to
noise, gl e, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the d~'str' :
Compatible u within district
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (!j~ _.~.) be~
recommended for approval .
DATE: :?-J 7-fJ/ CHAIRMAN~J?tl.
FINDING OF FACT CHAIRMAN/md
Exhibit "A"
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LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN AND BEING A P.~T OF THE SOUTHEAST 1/4 OF
SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, LOCATED IN THE COCOHATCHEE RIVER AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 000Z6'00. W
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17, FOR A
DISTANCE OF 646.16 FEET; THENCE RUN S 89053'18" W FOR A DISTANCE OF
50.00 FEET TO A POINT ON THE WESTERLr RIGHT-OF-WAY LINE OF
VANDERBILT DRIVE; THENCE RUN N 000Z6'OO" W ALONG SAID WESTERLY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 363.20 FEET;
THENCE RUN S 89034'00" W FOR A DISTANCE OF 72.25 FEET; THENCE RUN
S 41011'03" W FOR A DISTANCE OF 155.00 FEET;
THENCE RUN S 48~48'57" E FOR A DISTANCE OF 32.00 FEET TO THE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE S 48048'57" E FOR A DISTANCE OF 10.08 FEET;
THENCE RUN S 48037'32" W FOR A DISTANCE OF 305.53 FEET;
THENCE RUN S 89034'00" W FOR A DISTANC::; OF 140.41 FEET;
THENCE RUN N 29053'24" W FOR A DISTANCE OF 80.00 FEET;
THENCE RUN N 03019'50" E FOR.'\. DISTANCE OF 569.86 FEET;
THENCE RUN N 44009'46" E FOR A DISTANCE OF 217.1Z FEET;
THENCE RUN N 89040'55" E FOR A DISTANCE OF 274.58 FEET;
THENCE RUN S 00019'05" E FOR A DISTANCE OF 25.00 FEET;
THENCE RUN S 89040'55" W FOR A DISTANCE OF 257.08 FEET;
THENCE RUN S 44009'46" W FOR A DISTANCE OF 223.32 FEET;
THENCE RUN S 03019'50" W FOR A DISTANCE OF 487.31 FEET;
THENCE RUN S 29053'24" E FOR A DISTANCE OF 123.55 FEET;
THENCE RUN N 89034'00" E FOR A DISTANCE OF 102.51 FEET;
THENCE RUN N 48037'32" E FOR A DISTANCE OF 292.86 FEET TO THE POINT
OF BEGINNING. CONTAINING 30284.8 SQUARE FEET, MORE OR LESS.
BEARING SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 00"Z6'OO. W
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48
SOUTH, RANGE 25 EAST.
SUBJECT TO EASEMENTS, RESTRICTIONS OR RESERVATIONS OF RECORD.
Exhibit
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