Resolution 1997-304RESOLUTION 97- 304
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A DRY MARINA, NEW AND USED BOAT AND
EQUIPMENT SALES AND RELATED SERVICE WORK,
CONDITIONAL USE "4" IN THE C-4 ZONING
DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 8, TOWNSHIP 52
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 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 Land
Development Code (Ordinance No. 91-102) 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 Collier County Planning Commission, being the duly
app¢inted 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
Conditional Use "4" of Section 2.2.15.3 in a C-4 zone for a dry
marina, new and used boat and equipment sales and related service
work on the property hereinafter described, and has found as a matter
of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by saia
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:
-1-
The petition filed by Paul Tateo, Trustee as contract buyer
representing WR Realty Partners with respect to the property
hereinafter described as:
Lot 11, Block 776, Marco Beach, Unit 4 Replat, as recorded
in Plat Book 12, Pages 19-21, of the Public Records of
Collier County, Florida.
be and the same is hereby approved for Conditional Use "4" of Section
2.2.15.3 of the C-4 zoning district for a dry marina, Dew and used
boat and equipment sales and related service work in accordance with
the Conceptual Master Plan (Exhibit "B") and subject to the
following conditions:
1. The Site Plan (Exhibit "B"/ is conceptual in nature, and
site related changes required to comply with the Land
Development Code, may be administratively approved.
2. The driveway on Bald Eagle Drive shall be an exit only.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~? day of .,~ ,,, , 1997.
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS ~O F~M ~ND
LEGAL SUFFICIENCY:
MARJORIE M. STgDENT
ASSISTANT COUNTY ATTORNEY
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY ~. H~[NCO~K, CHAIRMAN
f/CU-gT-]4 RESOLUTION
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-14
13A 3
The following facts are found:
Section 2.2.15.4 of the Land Development Code authorized the
conditional use.
2 o
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 L~~ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
Q// No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~-~J' No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~t) be recommended fj~r
approval
F/FINDING OF FACT CHAIRMAN/
EXHIBIT "B"