Resolution 1986-119 1.
July 22 , 1986
mit V95FAG[403
RESOLUTION 86- 119
RELATING TO PETITION NO. PU-86-9C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapters 67-1246
and 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 Comprehensive
Zoning Ordinance establishing regulations for the zoningof
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particular
geographic divisions of the County, among which is the granting of
provisional 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 said regulations made and
provided, and has considered the advisability of Provisional Use "a" in a
C-3 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 regulations and in
accordance with Section 13 - Id of the Zoning Regulations for the Collier
County Planning Commission; and
WHEREAS, all interestedparties have beengiven
opportunity 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 ZONING APPEALS of
Collier County, Florida that the petition filed by Young,8, VanAssenderp,
Varnadoe, and Benton, P.A. , representing Norman P. Alpert, with respect
to the property hereinafter described as: p
See attached legnl description "Exhibit A"
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411101
July 22, 1986
be and the same is hereby approved for Provisional Use "e" of the C-3
zoning district for a radio station, office and studio, subject to the
following conditions:
See Attached Agreement Sheet (Attachment "A")
BE IT FURTHER RESOLVED that this resolution be recorded in the
minutes of this Board.
Commissioner Goodnight ' offered the foregoing resolution
and moved its adoption, seconded by Commissioner Hasse
and upon roll call, the vote was: °
AYES: Commissioners Goodnight, Hasse, Voss, Holland and Pistor ,
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this 22nd day of July 1986.
BOARD OF ZONING APPEALS
COLLIER CO NTY, FLORIDA •
• BY: k C?. i"?.-i-- --
JO A. PISTOR, CHAIRMAN
'� .- .� AkgS•�Cy GILES, CLERK
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4. ,i' . ; .. Virg£ a Magri C/
.��.' . '� � De�w ty Clerk
.r,_ ED AS TO FORM AND LEGAL SUFFICIENCY:
KENNETH B. CUYLF,$
COLLIER COUNTY ATTORNEY
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PU-86-9C Resolution BOOR 095 r,,E.
PA 404
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60Cy 095 PA q 405
July 22, 1986
EXHIBIT "A"
LEGAL DESCRIPTION
The Northwesterly 150, 00 feet of the following described
land, located in Section 33, Township 50 South, Range 26
East, said described land being filed in Offical Record Book
462, Page 527 of the public records of Collier County,
Florida:
Commence at the Southwest cdrner of Section 33, Township 50
South, Range 26 East, Collier County, Florida, and run along
the Westerly boundary of said section, North 02°37' 04" East,
for 1321. 37 feet; thence leave said section line and run
South 89°59' 22" East, for 2438. 42 feet: thence run
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North 54° 25 ' 01" West, for 990. 48 feet to a point, said
point being the Point of Beginning; thence continue
North 54°25' O1" West, for 400. 00 feet; thence run
North 35°34' 59" East, for 400. 00 feet to a point on the
Southerly Right of Way line of State Road 90, ( U. S. 41);
thence run along said Right of Way, South 54°25' O1" East,
for 400. 00 feet; thence leave said Right of Way and run
South 35°34' 59" West, for 400. 00 feet to the POINT OF
BEGINNING; containing 1. 837 acres.
SURVEYOR' S NOTE:
Acreage as listed for the 400 ft. by 400 ft. tract recorded
in the above mentioned Offical Record Book is incorrect. The
correct acreage is 3. 673 acres.
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Acreage for the Northwesterly . 150 feet of the above
described tract is 1. 377 acres.
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• /William C. MAn
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cly P. L. S.
Fla. Cert. No. 1543
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July 22, 1986
AGREEMENT
I, George Varnadoe, as owner or authorized agent for Petition
PU-86-9C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on July 3, 1986.
a. A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community
Development Division for their review and approval prior to
The Natural Resources Management Department will respond to
any such notification in a timely and efficient manner so as
to provide only a minimal interruption to any constructional
activities.
b. Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Management Department and the Community Development Division
for their review and approval. This plan will depict the
incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat characteristics
lost on the site during construction or due to past activities.
c. All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas, Following site
development n mnint.nnncn program shell be implemented to
prevent relnvaslon of the site by such exotic species. This
plan, which will describe control techniques and inspection
• intervals, shall be filed with and approved by the Natural
Resources Management Department and the Community
Development Division.
d. If during the course of site clearing, excavation, or other
constructional activities, an archaeolog:_al or historical
site, artifact, or other indicator is discovered, all
development at that 'location shall be immediately stopped
and the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of
time to enable the Natural Resources Management Department
or a designated consultant to assess the find and determine
the proper course of action in regard to its salvageability.
e. The location of the driveway, parking lot, and building
should be carefully sited to minimize the amount of tree
clearing necessary to accommodate the structure.
A'
BOOK 0J5 r,;[ 406
r
'100K O95PA.E4O7 July 22, 1986
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f. Detailed site drainage plans shall be submitted to the
County Engineer for review. No construction permits shall
be issued unless and until approval of the proposed
construction in accordance with the submitted plans is
granted by the County Engineer.
g. Utilities memo dated May 7, 1986 (attached).
.. h. The project must conform to 10-D-6 FAC.
i. The building and any transmitters or receivers shall be
setback from the west side and rear property lines no less
than shown on the site plan (69- feet. west side and 195
f
rear). ti(5 MN
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1-41.LSA:1!:ii ;::.i..
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REPRESENTATIVE FOR//CCPC
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY
.. OF 2--e'-,y- , 1986.
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�,I i..� NOTARY
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} I , 1'MY,ICOMMISSION EXPIRES: f:.? C`.,•T-�1"r • . s lc?.• i-•;f
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,.'s PU-86-9C Agreement Sheet
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July 22, 150G
I.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR ,
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The following facts are found:
:. 1. Section �, -2 1'13�P of the Zoning Ordinance authorized the
provisional use.
R 2. Will the proposed Petition:
A. Be 'n compliance with the Comprehensive Plan?
Yes No+,
B. Provide ingress and egress to property and proposed ^
r o Yes No
structures thereon with particular reference to
''_' automotive and pedestrian safety and convenience, /
traffic flow and control, and access in case of fire 1 ;_• �
or catastrophe? r{ }
C. Not adversely affect neighboring properties in F relation to noise, Yes No ' '.4
glare, economic or odor effects? / ,
aL 'ray,
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�; ,i ,rD• Be generally compatible with adjacent properties ,, -t1rwr„
and other property in the district? Yes No �r
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Based on the above findings, thi
stipulations, copyprovisional use {should), (with ".2z attached) (should .ue-e•-) be recommended f
(CROSS OUT OPTION(s) NOT APPLICABLE) •approval.
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. DATE: =h i i,t '
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Chairma ZrF (.0...w...
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FlndinR of Fact Member
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sooK 095 Pv.E 408.