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Resolution 1993-120 ~ I M1\IOI 23, 1993 RESOLUTION 93--110 ;- RELATING TO PETITION NO. PU-S9-1S FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the state of Florida in Chapter 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 Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses formerly known as provisional Uses; and WHEREAS, on June 19, 1990, the Board of Zoning Appeals enacted Resolution No. 90-336, attached hereto and incorporated herein, which granted a provisional use now known as a conditional use pursuant to Ordinance No. 91-102, for a marina and private club, on the below described property; and WHEREAS, on June 11, 1991 the Board of Zoning Appeals enacted Resolution No. 91-453, attached hereto and incorporated herein which granted a one (1) year extension to the provisional Use granted in Resolution No. 90-336; WHEREAS, on April 14, 1992 the Board of Zoning Appeals enacted Resolution No. 92-226, attached her-et-:. and incorporated herein which granted a one (1) year extension to the pro',isional Use granted in Resolution No. 90-336; WHEREAS, Subsection 2.7.4.5 of the Land Development code provides that the Board of Zoning AppealS may extend the one (1) year time period for a conditional use which has not been cOlIDlencedj NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: &OOK OOl)Pm 40 -1- M1\IOI 23, 1993 The written request of Jam.. A. Davis ot coastal Engineering consultants, Inc. representing Tempustech, Inc. for the third of three (3) permitted one (1) year extensions, in interest of the following described property: See attached legal description Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5, of the Land Development Code (Ordinance No. 91-102) and tt.a expiration date for Resolution No. 92-226, attached hereto and incorporated herein as Exhibit "B" and all conditions applicable thereto is hereby extended for one additional year until June 19, 1994. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainutes of this Board and in the records of the Petition for which the extension is granted. commissioner Norris offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Voloe , and upon roll call, the vote was: AYES: Commissioner Norris, Commissioner Volpe, Commissioner Matthews, and Commissioner Constantine NAYS: ABSENT AND NOT VOTING: Commissioner Saunders ABSTENTION: Done this 23 , 1993. ).In~;) J .~: (r ATTEST: ~ qlfIGHT E. BRO~.CLERK ~(t._-< {?~fJ~. AP . 'VED..AS.:ra FORK AND LEGAL SUFFICIENCY: ".., ~}l:.~.\J"~ "'hv. '~2' , ~ itr' u{~.d: HARJO M. S D T ASSIS ANT COUNTY ATTORNEY ~/:~;;S 3nd EXTENSION RESOLUJJrRH OOOf'A>~ 41 -2- ~: 'I'~'.:. =-i. , Il'..; . " "tj ,,')\~ f:f, $" t" r" 1fJ..~ -J:;- ",. ;r:-: .#' '. M1\IOI 23, 1993 DESCRIPTION OF L~NOS SURVEYED A tract of land lying in the northeast qu~rter of Section 6, Township 48 South, Range 25 East, Collier County, Florida more particul~rly described as follows: Commencing at a tgilroad spike marking the northeast corner of said Section 6 run 500 OG'36"E along the east line of said Secti,," 6 i) distance of 57.57 feet to a concrete monument marking th~ south~rty right-af-way line of Bonita Beach Road and the Point of Beginni.ng; thenct~ continue along said east line SOOo06136"E 317.05 feet to the Mc~n' Hi~'l Hats" Line of Little Hickory Bay; ahence along s.lid Mean HifJh W;H~[ Ilnr~ N63 48111"W 51.49 feet; thence N6602412S"w 19.44 fecti th~nc~ N6So46'59uW 41.72 feeti thence N64032'29"W 50.80 feeti thl.!Oc'~ N80014'45"W 44.62 fecti thence 587030'3S"W 48.9S fecti thenc~ S76009"05"W 88.66 feet; thence 572oS013S"W 30.61 fc~t; th~nG~ N2S0S3'25"W 29.60 f.eet; thence N09017133"W 35.S0 f~l~t; thenet.! N41039'40"E 60.08 feet; thence N3603410S''E 20.26 ft.=ct; th':nC';r~ NOS037'44nW 55.16 feet; thence N33014'S411W SO.OS feet; tnenr:11 N3So17'4S"W 67.38 feet; thence N54 09'Sl"W 2).22 fect to th~ sou thar ly right -0 f -wa~ l.ioe 0 f Bon i ta Beach Road; thznr:e tJ: Ion') :;1) if] right-of-way line 589 51151"E 41.63 feet; thp.nc~ XOO IS121"W 10.00 feet; thegce S3904a112"E 196.94 feet; thgoce ua,J)aI17"E ).72 feet; thence NOO 21'43"W 10.02 feet; thence He, 32'44"E 211.2) feet to th~ Point of Beginning. The above describes an area of approximately 105,153 square feet or 2.4l acres of land. Based on a Mean High Water elevation of 1.10 N.G.V.D. located on February 10, 1989. SUbject to easements, restrictions, and reservations of record. IDDK 000 fl'~ 42 E>ch'&l' "A ,\ . . RESOLUTION 92--22S M1\IOI 23, 1993 RELATING TO PETITION NO. PU-B9-1B FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA .~. WHEREAS, the Legislature of the State of Florida in Chapter . 125, Florida statutes, has conferred on all Counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are ndcessary tor the protection ot the public; and WHEREAS, the County pursuant thereto has adcpted a Land DevelopmQnt Code (Ordinance No. 91-102) which establishes comprehensive zonIng regulations tor the zoning at particular divisions of the County, among which is the granting and extending the time period of Conditional Uses formerly known as Provisional Uses; and WHEREAS, on June 19, 1990, the Board of County Commissioners enacted Resolution No. 90-336, attached hereto and incorporated herein, which granted a provisional use now known as a conditional use pursuant to Ordinance No. 91-102, tor a marina and private club, on the below described property; and WHEREAS, on June 11 , 1991 the Board ot County Commissioners enacted Resolution No. 91-453, attached hereto and incorporated herein which granted a one (1) year extension to the Provisional Use granted in Resolution No. 90-336; WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional uSe which has r.ot been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that the written request of James A. Davis ot Coastal Engineering ConSUltants, Incorporated representing Tempustech, Inc. tor the second ot three (3) permitted one (1) year , extensions, in interest ot the following described property: See attached legal description Exhibit "A" -1- &ooK POOrw,'43 exhi8.\1 b ,I / /' :~~ 1'.' i.. J~.~.i.' . .~ ~ <; ~' 't: , M1\IOI 23, 1993 is hereby approved pursuant to Subsection 2.7.4.5, of the Land Development Code (Ordinance No. 91-102) and the expiration date for Resolution No. 91-453, attached hereto and incorporated herein as '..~. Exhibit "B" and all conditions applicable thereto is hereby extended tor one additional year until June~19, 1993. BE IT FURTHER RESOL~D that this Resolution be recorded in the .inutes of this Board and in the records of the Petition for vhich the extension is granted. Commissioner Sc.anahan offered th~ tcregoing Resolution and moved for its adoption, seconded by Commissioner Satnlers , and upon roll call, the vote was: AYES: Ca:IlIissioner Shanahan, Cannissione:' Saunders, Cannissioner H2sse Cannissioner Goodnight, and Ca:IlIissioner Volpe . NAYS: ABSENT AND NOT VOTING: ABSTElITION: Done this l4th , 1992. day of A=il BOARD OF ZONING APPEALS ::~~ ri~ ::RIDA MICHAEL J OLP, CHAIRMAN , ;'"' '~'.~ .l:.t i"'.:' .,~'.: .,":: ....~. '.-::' ro'~ ...... . ..' C/ ,ATTEST:." '.' ';f' ':rllHEs C.' GILES~CLERK ~; <:...~ ~~,? -- '<: -. '4@.C. ~ "i;i; <OM ~ ~~ ~ ,amcr, I J-C "., ,. , "'''7~ " ", " P.I..wA . ENNIS P. C ONIN ASSISTANT COUNTY ATTORNEY P.U. EXTENSION RESOLUTION nb/7376 &DDK 000 fAt..!. 44 -2- M1IIUI 23, 1993 .... DESCRIPTION OF LANDS SURVEYED A tract of land lyinq in the northeast qu~rter of Section 6, Township 48 South, Range 25 East, Collier County, Florida more particul~rly described as follows: Commencing at a railroad spike marking the .northea~t corner of said Section 6 run 500 06'36"E along the east line of said Section 6 n distance of 57.57 feet to a concrate monument marking the ~outh~rly right-of-way line of Bonita BeachoRoad and the Point of neginning; th~nct: continue along said east line SOO OG'36"E 317.05 feet to the Me~n.Hi~ll watsr Line of Little Hickory Bay; Shence along said Kean High W;lt~[ I in("! N63 48'11"W 51.49 feet: thence tf66024'2S''W 1'3.4" fp.ct; thenc..-! N6So46'59"W 41.72 feet; thence N64032'29''W 50.80 feet; thl!ncl: N80014'45"W' 44.62 feet; thence 587030'3S"W 4a.95 feet; thenc:r: S76009'OS"W 88.66 feet; thence S72oS0'3S"W 30.61 feet; th~n~~ N2So53'25"W 29.60 (eet; thence N09017'3a"W 3S.~O f~ct; thcnc~ N41039'40"E 60.08 feet; thence N36034'OS"E 20.26 f'.:~t; th,:nc:r: NOSo37'44"W 55.16 feet; thencp. N33014'S4"W SO.OS feet; tnenr:r.: N3So17'48"W 67.38 feet; thence NS4 09'Sl"W 23.22 feet to th.. southerly tight-of-wa~ l.ine of Bonita Beach Road; th;jnl';'C' ;)lon') ::>.,irJ tlght-of-w.y 11neoSB9 Sl'Sl"& 41.63 feet; th.nc~ ROO lS'2l"W 10.00 feet; theBce sa9 4a'12"& 196.94 feet; thgncP. 118,'3a'17"& 3.72 fP.et; thence NOO 21'43"W 10.02 feet; thence N3? 32'44"E 211.2J feet to th~ Point of Beginning. The above describes an area of approximately 105,153 square feet or 2.4l acres of lend. Based on a Mean High Water elevation of 1.10 N.G.V.O. located on February 10, 1989. subject to easement5, ~estrictions, and reservations of record. E>:l-t'&tT "A 1\ , lOOK OCO fA,. 45 , RESOLUTION 91-~3 M1\IOI 23, 1993 RELATING TO 'PETITION NO. PU-B9-1S FOR EXTENSION OF PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. " ~, the Legislature of the State of Florida in Chapter 125, Florida statutes, has conferred on all Cpunties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and ~S, the County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular divisions of the County, among which is'the granting and extending the time period of Provisional Uses; and ~S, on June 19, 1990, the Board of County Commissioners enacted Resolution No. 90-336, which granted a provisional Use pursuant to Ordinance No. 82-2, Provisional Uses "b" and Un" in a "ROn Recreational Open Space zone, on the below described property; and ~, Section 13, Paragraph 1, Subsection e provides that the Board of Zoning Appeals may grant an extension of the one (1) year time,period for a provisional USe which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida.that the written request of James A. Davis ot Coastal Enginee~in9 Consultants, Inc. representing Tempustech, Inc., in interest of the following described property: See attached legal description Exhibit "An is hereby approved pursuant to Section 13.1 e., Ordinance No. S2-2, and the expiration date for the Provisional Uses "b" and "nO is hereby approved pursuant to Section 13.1 e., Ordinance No.. S2-2, and the expiration date for the Provisional Use S9-1B and all conditions applicable thereto is extended hereby for one year until June J.9, 1992. -1- ~POK OO(hv.< 46 '''' ., fX~181T 'IS BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which , ' the 'extension is granted.. Mi\lUI 23, 1993 commissioner !,;h~n:in~n offered the foregoing Resolution and moved tor its adoption, seconded by Commissioner ", U~Cl:Cl:~ , and upon roll call, the vote was: AYES: Commissioner Shanahan. Commissioner Hasse, .Commissioner Volpe, Commissioner Saunders and Commissioner Goodnight NAYS: AllSElIT AND NOT VOTING: AllSTEllTION: Done this 11th , 1991. June day of BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By:iq~:JlAMI ~ PA CIA E GOOD IG T IRMAN . ":{)~:1~1 I)." ")0 ~ . ....r..: (1., ATTEST: .,. ',- . i'~ " .'t:i ... 1J:~:. . :-'Jh":., ~ -~ (!J.L._ ,';' , ~~"AS !!:~;. 'AND LEGAL SUFFICIENCY: ... , -'dA i1"\,) , -":', > ~.~ '.... ,.,;"".'- ~. ;\.. '.'I1~ .gr,;: IS, N ~~;' ASSISTANT COUNTY ATTORNEY f" :",.... I'.~'.......'. ,", " . , . PU-S9-1S EXTENSION RESOLUTION nb/5581 &ODK 000 mE 47 -2- M1\IOI 23, 1993 DESCRIPTION OF LANDS SURVEYED A tract of land lying in the northeast quartet of Section 6, Township 48 South, Range 25 East, Collier County, Florida more pa[ticul~rly described as follows: Commencing at a rgilroad spike marking the northeast corner of said . Section 6 run 500 06'36"E along the east line of said Section G i) distance of 57.57 feet to a concrete monument marking the south~rly right-of-way line of Bonita Beach Road and the Point of nC9inning; thenc(: continue along said east line 500006'36"& 317.05 feet to the He~n Hi~l} Watsr Line of Little Hickory BaYi Shence along s.lid Mean HilJh W.1tl::C I in(.! N63 48'11"W 51.49 feeti thence !J66024'25"W 1'1.4" fp.et; th~ncl: N6S046'59"W 41.72 feet; thence N64,,32'29"W 50.80 feet; thl.!nc.~ N80014'45"W 44.62 feat; thence S870l0'38"W 4lL9S feet; thcncr: 576009'05"W' 88.66 feet; thence 572050' 35"W aO.61 fent; th'.!nr;r~ N2SoS3'25"W 29.60 teet; thence N09017133"W 3S.S0 f~Bt; th~nc~ N41039'40"E 60.08 feet; thence N3603410S"E 20.26 f~ct; th~nc~ NOSo)7" 44"W 55.16 feet; thenc~ N33014 "S4"W' 50.05 feet; thent:1": N3So17'48"W 67.38 feet; thence NS4 09'Sl"W 23.22 feet to the south2rly right-of-wa~ l.ine of Bonita Beach Road; th(jnce aloo'J ::;':Jirl right-of-way line 589 51151"E 41.63 feet; thp.nc~ ~OO)lS'21"W 10.00 feet; theace sa9043'12"E 196.94 feet; th2nc~ Ua~)la"17"E 1.72 f~ct; thenc~ NOO 21'43"W 10.02 feet; thence Na? 32'44"E 211.2] feet to the Point of Beginning. The above describes an area of approximately 105,153 square feet or 2.4! acres of land. Based on a Mean Hig~ Water elevation of 1.10 H.G.V.D. located on February 10, 1989. subject to easements, restrictions, snd reservations of record. lOOK 000 PA,! 48 fKhll5lr "A" , :. RESOLUTIOI{ 90:- 336, 'c.' :', ..' MI\Rll 23, 1993 RELATING TO PETITION NO. PU-89-1S FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. . '. ~, 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 tor the protection of the public; and ~S, the County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic di~isions of the County, among which is the granting of Provisional Uses; and ~S, the Collier County Planning commission, being the duly appointed and constituted planning board for the area 'hereby affected, has held a public hearing a~ter notice as in said regulations made and provided, and h~s considered the advisability of.Provisional Use "b" and On" in a "RO" Re=eational Open Space zone for a marina and boat ramp, private clubs and yacht clubs, on the property hereinafter described . , and has forwarded its recommendation, attached hereto as Exhibit nAn, to the Board of Zoning Appeal~; and ~S, all interested partie'. 'nave 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 petiticn filed by Kris Dane of Coa~tal Engineering Consultants, Inco~porated, representing Tempustech, Incorporated, with respect to the property hereinafter described as: Exhibit "iin which, is attached hereto and incorporated by reference .herein. aOOK 000 PA"~ 49 " . : ',- ..' ~ ,'. "':'. -,...., t::. " , ..... ........ '. :. '. I' "~.":. ""' :';{;,;' 'a~d"~~e same is hereby approved for Provisional Uses "b" and f::. "~~ ,of the "RO" Recreational Open Space zoning district for a ., :marina and boat ramp, private clubs and yacht clubs subject to the ":fo~lowing conditions: , ' '.. .- M1\IOI 23, 1993 Exhibit, "CO which is attached hereto and incorporated by reference herein. .-tx ~>: r;~~: ,'~' '. "0" ',. -. " " the' :minutes of this ,BE IT FURTHER RESOLVED that this resolution be recorded in Board. '. ,-t_ '., Commissioner Saunders d . 'offered the . . :foregoing resolution and moved for its adoption: seconded by Commissioner Volne and upon roll call, the vote was: AYES: comzids sioner Saunders, Commlssioner Volpe I Commissioner Shariah.an;' CommissionercGoodnisht and Commissioner Hasse . NAYS: ,None ABSENT AND NOT VOTING: None ',>,,- . ~'.."~ ABSTENTION: "None ~~;r'.t,~::.... :. . ..' ~,~ .~.:. ..." .Done this :.:; .: :". . . ." "'L ....0' ..: . 1.~: ;.;: . day of . JUNE 19th , 1990. '- BOARD OF ZONING APPEALS ::,:;e~/ MAX A. HASSE" JR., CHAIRMAN A~'Ilsrr",;.. "'. . ..' . '~tQ.;, ,ii~l"f.=S' CLEm< ~.'''''" -/.:..., ."J...... () ..... '''',' f'.I')'I.:l'4' ."0 0 ", ;"''''1:' ;i,I,p' :.....;.. /. -;. '-'i:l '1." . .'\-' (.0.. trl ;~ '.- (:'~' _. '''lfl.. to' .. .::~ . c:. ;. ,;,c :,.:XPPjl.OVTIl:AS;~ ;FORM D '!.',': .... {~~t\r;""/. !~~':'~I: ':'\: .. t': . ",'Z,'JJ.':f .~i-..."1'''~' c,>": 0." -.,t~~....""&:'>:: '.I,iQ ': . '.' ..{ .~. t.~~~ . ."V"e" -J';~:t:t"~.A ' ;;; '...;nw~,~i:::;rn~ 1.ufLAd:. 1:': . . 'HARJQ~E' M. STUDENT :~; . ASSISTANT COUNTY ATTORNEY , -.. ".-,-- . . . . . - ~~ cb<-.U EGAL SUFF:ICIElICY: ' .PU-89-18, RESOLUTION "" ,", aoGK DOO!'.l'( SJ ..,..--.. ~ jl: :;". r " " M1\IOI 23, 1993 ~ '. ~. .' F):NDING OF, FACT BY. . COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION , FOR -. COLLIER PU-89-18 The following facts are found: ~ l. Section 7.7 b.3)(b)(ii) of the Zoning Ordinance authorized the provis~o~al use.. 2. Granting the provislonal uSe "ill 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 Comprehensive Plan: Complies with Comprehensive 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 pcoperties in relation to noise, glare, econom,j,c or odor effects: >( No affect or __ Affect mitigated by , _ Affect cannot be mitigated General compatibility \lith adjacent properties other property in the district: ' Compatible uSe "ithin district Yes ~ No D. ano. Based on the above findings, this provisional l<se should" with stipulations, (copy attached) (should not) be ':'recoml!1ended for approval ~ . ... DATE: 'f, . '7 . q 0 CHAIRMAN: r~~ FINDING OF FACT CHAIRMAN '- - .-.- ." ..... .. EXHIBIT '"A":. . . .... -' .' lOOK OOOPtGt 5f" ~-.''''''.''''::r-''--~'-'-'-_.'''--''''._---------_""_._,,.. ", ." "':."70 " M1\IOI 23, 1993 DESCRIPTION OF LANDS SURVEYED A tract of land lying in the northeast quartet of Section 6, Township 48 so~th, Range 25 East, Collier County, Florida more particu13tly described as follows: Commencing at a rgilroad spike m~rkin9 the northeast corner of said Section 6 run 500 06'36"E along the east line of said Section 6 lJ distance of 57a57 feet to a concrete monument marking the south~rly right-af-way line of Bonita BeachoRoad and the Paint of ne9inni~g; th~n~~ continue along said east line SOO 06'36"E 317.05 feet to the He~n Hi~ll watg' Line of Little Hickory BaYi Shencc along s-1irl Mean Hi'Jh \i.lt~[ I ifl(~ N63 48'11"W 51.49 feet; thence N66024'2S"W 19.41 feet; theno! N6So46'59"W 41.72 feet; thence N64oJ2129"W 50.80 feet; thenCI~ N80014'45"W 44.62 feat; thence S87030'38"W 43.95 feet; thenc~ S76009'OS"W 88.66 feet; thence S72oS0'35"W 30.61 fe~t; thun~~ N2SoS3125"W 29.60 (eet; thence N09017'33"W 35.S0 f~et; th~nc~ N41039'40"E 60.08 feet; thenc~ N3603410S"E 20.26 f~et; th~n~~ NOS037144"W 55.16 feet; thence N33014'54"W 50.05 feet; t~en~~ N3So17'48"W 67.38 feet; thence NS4 09'Sl"W 23.22 f2Ct to tho, &outhe~ly right-of-wax l)ne of Bonita Beach Road; th~ncc ~lon7 ~~ifl ti9ht-of-w~y line S89 51'51"E 41.63 feet; thp.nc~ ~OO)15'21"W 10.00 feet; theBce S39043'121'E 196.94 feet; thgnce U8? 13'17"E ).72 f~ct; thence NOC 21'431lW 10.02 feet; thence NZ9 32'44"E 211.21 feet to th~ Point of Beginning. The above describes an atea of appro~imatel1 105,153 square feet or 2.41 acres of land. Based on a Mean Hig~ Water elevation of 1.10 H.G.V.D. located on February 10, 1989. Subject to easements, restrictions, ard reservations of record. ~ ,I EXI'lI(31 T g &ODK 000 pm 52 li,e Jilj~, . ;.... t. ". (:q 'h' '~; ~c ~;; ~. , '. '. M1\IOI 23, 1993 AGREEMENT :I, Kris A. Dane of Coastal Engineering Consultants, :Inc., as owner or authorized agent for Petition pU-B9-1B, agree to the following stipulations requested by the Collier County Board of County cOllllllissioners in their public hearing on June 19, 1990. PLANNnlG: The petitioner shall be subject to a site Development Plan in accordancs with Section 10.5 of the Collier County Zoning Ordinance 82-2. B. The marina, boat ramp, private club and yacht club shall be ror private membership only~ A. C. The usage of this site and all amenities shall be limited to 200 memberships. D. Trailering of boats for boat launching shall not be a1'1owed on site. HoweVer, boat trailers shall be allowed on site for delivery of-boats for dry storage and wet slip mooring purposes. E. Living aboard boats shall not be permitted at this site. F. The restaurant shall not provide resemble the use of a snQ:k bar fast food restaurant. seating, and shall or short order type G. Boats shall be limited to 26 feet in length. ENVIRONMENTAL: A. . Petitioner shall comply with amended by Ordinance No. S9-57 in Landscaping). B. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. S9-5B (Prest>rvation of Native Habitat and Tree Removal Permit). Ordinance NO. S2-2 as (Use of Native Species Petitioner amended by 'Species) . D. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 (discovery of an archaeological or historical site, artifact or other indicator of preservation). C. shall comply with Ordinance NO. S2-37 as Ordinance No. S9-53 (Removal of Exotic -1- "c" E,U!\ BIT NOK 000 Plr,! 53 ," M1\IOI 23, 1993 E. In the event protected species nests 0:' burrovs are encountered by Collier County Project RevieY'Services Environmental Staff during the site plan reviey and/or approval, design may be adjust2d if warranted (Collier County Comprehensive Plan Policy 7.3.4). F. Prior to the final site Development Plan approval meeting for project infrastructure, the petitioner shall obtain and submit to Project Reviev Services, documentation of all required local, state and federal permits. G. Petitioner 'shall retain naturally vegetated buffer zones ~hich extend at least five (5) feet landYard from the mangrove edges (Collier County Comprehensive Plan, Objective 6.2 and associated policies). H. . Pursuant to the Growth Hanaqement Plan, Goal 7, Objective 7.2, Policies 7.2.1, 7.2.2 and 7.2.3 and Policy 11.1.5, petitioner shall be subject to the Manatee Protection Plan in effect at the time of Preliminary site Development Pi~n (SDP) approval. J:. Pursuant to the Growth Management Plan, Goal 2; Objective 2.2, Policy 2.2.4; Objective 2.3, Policies ,2.3 .1 and 2.3. 6 , petitioner shall be subj ect to ~ater quality and sediment monitoring programs by the Department of Environmental Regulation and Collier County. Water quality sh,'ll be evaluated using state 'water quality standardc. (403.061 F.S.; F.A.C. 17-3.051, 17-3.061, 17-3.~11, and 17-3.121). J. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall be allOYed (Collier County Comprehensive Plan, Objective ,6.2 and associated policies). ' K. The petitioner shall satisfy all regulations concerning dock (wet slip) construction as mandated by Collier County Project Review Services, the Florida state Department of Natural Resources (DNR) , the Florida State Department of ElIvironmental Regulation (DER) , and the U.S. Army Corps of Engineers (ACOE). TRANSPORTATION: A. Subject to concurrenCe by the Lee County Transportation Department, the developer shall provide left and right turn lanes on Bonita Beach -2- &DD~ 000 PAGE 54 . , ."C i ir' . ~I:.::f~...,.- . -r;.. ~". . .~: ., t' -.; M1\IOI 23, 1993 B. Road at the project entrance. The left turn lane shall be long enough to store two of the largest vehicle combinations expected to use it. If a median opening is permitted at the time of four laning Bonita Beach Road, the developer shall be responsible for the cost of all intersection modifications needed to serve the project. The developer shall provide arterial street lighting at the project entrance. The developer shall dedicate twenty-five (25) feet of additional right-of-way.on Bonita Beach Road (South side) tor roadway, ~ainaqe and access use. C. D. E. The Road Impact Fee shall be as for the most similar uses as set forth in the :fee schedule of Ordinance S5-55 or as it may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. Required access improvements shall be in place any certificates of occupancy_ are issued and not be subject to impact"fee credits. before shall WATER MANAGEMENT AND ENGINEERING: A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Revie~ Services for review. No construc~ion permits shall be issued unless and until ar~roval of the 'proposed construction in accorda~ce with the submitted plans is granted by Project Review Services. ' Design and construction of all improvements shall be subject to compliance with ~he appropriate provisions of. the Collier County Subdi"ision Regulations. Work vithin Collier County right-of-way shall meet the reguirements of Collier County right-Of-way Ordinance 82-91. B. C. D. Prior to detailed construction plan ~pproval, the petitioner shall dedicate 25 feet of additional right-of-way along the entire northern project boundary. Provide all SFWMD) prior E. appropriate agency permits (DER, COE to detailed constructi?n plan approval.' F. The' bottom of tho water .anagcment retention area shali be at least one toot above the vet season water -3- HOK 000 pm 55 I ~___~__,_______k'_____"","__~' . ~ . " .- Ml\IOl 23, 1993 table. Prior to prelbinary site plan approval, provide verification of the wet Season water table. The elevation on the site plan Seems too low. G. This is for rezoning purposes only,. a site Development Plan pursuant to section 10.5 of the zoning Regulations will be submitted and approved at a later date. UTILITIES: A. connection to the existing water and seWer facilities within Bonita Beach Road right-of-way is required and must be fully illustrated on the final site plan and supporting engineering ~onstructicn drawings as to location, size and. configuration. The vater ]Deter size and location must be shovn. B. Verification of sewage handling facilities pursuant to ordinance SO-112 to service this project is required and must accompany the final site plan. ~;,L,~~..,..L- PETITIONER OR-AGENT ~1~I!;-r;CPC OF .{\ \, 1\.eo~ Q' ~~c:J .~, SWORN TO AND SUBSCRIBED BEFORE HE THIS DAY 1990. .., . SEAL aoun PUBLIC SlATt OF nOR lOA kY COMtsSIOI fI1. >>2.12.1952 'OIlOrD TfOlU l::f,,"JI fIlIc If'" MY COMMISSION EXPIRES: PO-S9-lS AGREEMENT SHEET nb/340S -4- tllOK OOOM 56 / ,- 1;..1 : .' ..