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Resolution 1984-189October 2, 1984 RESOLUTION 84-_!89 RELATING TO PETITION NO. PU- 84 -14C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legialature of the State of Florida in Chapters 67 -1246 and 125, Florida Statute *, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necesmary for the protection of the public; and WHEREAS, The County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provialonal uses; and WHEREAS, the Coastal Area Planning Comeiesion, being the duly Appointed and constituted planning board for the area hereby affected, hes held a public hearing after notice as in amid regulations made and provided, and has considered the advisability of Provisional Use "h" In a RMF -12 zone for the property hereinafter described, and has found a �Atter of fact that satisfactory provision and arrangement has not beet made concerning all applicable mutters required by said regulations and in accordance with Section 13 - Id of the Zoning Regulations for the Coastal Area Planning Commiesion; and WHEREAS, all interested parties have been given 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 of James Vensel, Agent, representing Barclays -Capri Point General Partnership, with respect to the property hereinafter described as: (SEE ATTACHED) llctober 1, 1964 BOOK 083w, 547 be and the same is hereby approved for Provisional Use "h" of the RMY -12 toning district for 4 story structures subject to the following conditionsi (See attached agreement sheet) BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Kruse offered the foregoing resolution and moved its adoption, seconded by Commissioner Holland and upon roll call, tha vote vast RTES* Cov. issioners Kruse, Holland, Pistor, Voss and Brovn NAYS* None ABSENT AND NOT VOTING* None ABSTENTION* None Done thin 2nd ATTE, YI1. J. EAGAN, PU- 84 -14C Resolution day of October , 1984 BOARD OF ZONING APPEALS COLLIER COUNTT, FLORIDA PIT 01 DAVID C. BR , CHA APPROVED AS TO TORN 6 LEGAL SUFFICIENCY* October 2, 1984 PV -8 `f —1 q G LEGAL L° ^r:RiPTiON ,From a point of Beginning at the northeast corner of said Section 6, Township 52 South, Range 26 East, Collier County, Florida, run South 1 degree 11 minuten 25 seconds West, along the east line of said Section 6, 261.67 feet to a point of beginning of a certain Bulkhead Line, as recorde in Bulkhead Plat Book 1, Page 8 of the Public Records of Collier County, Florida; thence run the following courses, along the said Bulkhead Line: South 69 degrees 27 minutes 16 seconds West, for 743.57 feet; South 74 degrees 20 minutes 53 second" West, for 900.00 feet, to a point of curvature; run 496.98 feet along the arc of a curve, concave to the northeast, having a radius of 185.00 feed and subtended by a chord having a bearing of North 26 degrees 41 minutes 32.5 seconds West and a length of 360.46 feet, tc a point of tangency; thence North 48 degrees 16 minutes 02 seconds East, for 712.63 feet, to the end of the Bulkhead Line; thence run South 88 degrees 48 minutes 27 seconds East, along the North line of said Section 6, 1209.85 feet, to the Point of Beginning; containing 20.13 acres, more or less, excepting from the above the following: Beginning from tho Northeast corner of Section 6, Township 52 South, Range 26 Eant, Collier County, Florida, run South 1 degreA 11 minutes 25 seconds West, along the East line of said Section 6, for 30.0 feet, to the Point of Beginning; thence continue to run South 1 degree 11 minutes 25 seconds West, along said East line, for 231.67 feet, to a point on the Bulkhead Line as recorded in Bulkhead Line Plat Book 1, Pag• 8, Public Records of Collier County, Florida; thence run South 69 degrees 27 minutes 16 seconds West, ♦long said Bulkhead Line, 300.52 feet; thence run North 20 . iegrees 32 minutes 44 seconds West for 272.34 feet: thence run North 1 degree 11 minutes 33 seconds East, for , ^^,.0 feet to a point 30.0 feet South of the North line of said Section 6, thence run South 88 degrees 48 minutes 27 seconds East along a lin parallel with and 30.4 feet, as measured at right angles from said North line of Section 6, for 380.00 feet to the Point of Beginning, containing 2.34 acres, more or less Collier County, Florida. �rnr M:1 , r 'f e eooK 083 pvt 54.9 w r FINDING OF FACT BY COASTAL AREA PLANNING COMMISSION FOR A PROVISIONAL USE PETITION ' FOR The following facts are found: 1. Section of the toning Ordinance authorized the prow s ona use. 2. Granting the provisional use will not adversely affect other property or uses in the same district or neighborhood because of: A. General compliance with the Comprehensive . Plan: 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 a -coax in case of fire or catastrophe: C. Affects neighboring properties in relation to noise, glare, economic or odor effects: D. General compatibility with adjacent properties and other property in the district: Based on the above findings, this provisional use should Lh stipulations, (copy•attached) (should spProwl_'� ecommen for DATE: CHAIRMAN; • 0 i r October 2, 1984 AGREEMENT I. Jim Vensel. as owner or authorized agent for Petition n- 84 -14C, agree to the following stipulations requested by the Coastal Area Planning Commission in their public hearing an September 20, 1984. A. LAC stipulations per staff report dated September 11. 1984. B. Water Management design criteria shall be as detailed in South Florida Water Management Districts "Permit Information Manual", Volume IV. C. Utility Divisions memo dated August 20, 1984. D. Wants voter treatment facilities shall be approved by D.E.R. E. Legal be corrected to exclude the south 4 of Pelican Street. SWORN TO AND SUBSCRIBM BEFORE ME THIS % DAY OF NOTA?Y (� SEAL _ . •Y ►� ^'..0 St r.t; OF t 1a �1�'► Mt'.C'1 M I S O MY COISSION EXPIRES: X700 1 "tU Utat/1 Nt,L; ` -+ 04) l91 PU- 84 -14C Agreement Sheet ... ftey r rrr% 1 . i w E a -4 I n