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Resolution 1985-058 `ppx 08rjtl�ct742 February 19, 1985 RESOLUTION 85- • RELATING TO PETITION NO. PU-84-18C �. FOR PROVISIONAL USE OF PROPERTY • t� r ' HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. , j•, 1 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 zoning of particular • ! geographic divisions of the Count • y, among which is the granting of provisional uses; and • WHEREAS, the Coastal Area Planning Commission, being the duly ` " e 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 "f" in a C-4 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 Coastal Area Planning Commission; 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 pdtition of Mobile Oil Corporation, • Arnold Lee Glass, with respect to the property hereinafter described as • (See Attached) . t,• February 19, 1985 •be and the same is hereby approved for Provisional Use "f" of ',, r.'. ;. '' the C-4 zoning district for less than 1000 feat buildings, subject to the , �`' ',0 " following conditions: N. f (See Attached Agreement Sheet) BE IT FURTHER RESOLVED that this resolution be recorded in the minutes ; ^ », ' of thin Board. Commissioner Holland • offered the foregoing resolution and moved its adoption, seconded by Commissioner Hasse • and upon roil call, the vote was: i . AYES: comm:iscioners Holland, Hasse, Goodnight and Voss NAYS: None ABSENT AND NOT VOTING: Commissioner Pistor ABSTENTION: None Done this 19th day of February , 1985 . • , BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: 7 //dig ATTEST: WILLIAM J. REAGAN, _..�,i•r II 4 APPROVED TO AND LEGAL SUFFICENCY: AS I'TANT OL I R COUNN ATTORNEY v t,'_ t sae� 4 . PU-84-18C P.U. Resolution „ a , Ott . � , : fir ' t i q;. L ,. ;� � • �;` 100K 085 Pact 743 . , t ; A.k,'* .,..,.+ February 19, 1985 e\ ` 4.w 4'' aooc 085 PM 744 dY ! DESCRIPTION AS FURNISHED M 'r{ A. (i .^.4,!%!';':.•-, C to:. ,. ' ; a •' That 'portion of Lot 37 of NAPLES GROVES AND TRUCK CO's LITTLE .7 ,� u FARMS No 2, as recorded in Plat Book 1 , page 27, of the Public ' {k, ''' Records of Collier County, Florida, more '_ ;F�m''; as follows: particularly described i, , �r�.� ` . •. Commence at the tangent intersection r r right-ofway line of U.S. 41 point of the Southwesterly. ', ,�,,� �•.,,. (Tamiami Trail) and the West • � 7: r right-of-way line of State Road S-858 (Kelly Road) and run South, ' ) .,` a tangent distance 'of 12.20 feet for a Point of Beginning of the hereinafter described parcel of land; thence continue South, for "' •'. . 137.80 feet along the West right-of-way line of Kelly Road, tieing also along a line 50 feet West of and parallel with the center . ± line of said Kelly Road; thence run West, for 62.50 feet along a line perpendicular to the said West line of Kelly Road; thence ___ __ �•��. run North 52'-001-30" West, for 163.18 feet along a line parallel with the Southwesterly right-of-way line of U.S. 41 ; thence run North, for 97.31 feet along a line parallel with the West line of said Kelly Road; thence run North 37'-59'-30" East, for 80.00 ' ' :: feet along a line perpendicular to the Southwesterly right-of-way , , line of U.S. 41 to a •point thereon; thence run South SZ'-00'-30" `. '•.; East, for 167.80 feet along said Southwesterly right-of-way line of U.S. 41 to a point of curvature; thence run 22.69 feet along !� the arc of a curve concave to the Southwest, having a radius of . 25.00 feet, and subtended by a chord having a bearing of South • • 26'-00'-15" East, for a length of 21 .92 feet to the Point of • Beginning, Containing .3.3948 square feet. • ; • , • . ' CERTIFICATE We HEREBY CERTIFY to Mobil Oil COrppration, P.O. Box 350277, Ft. Lauderdale, Florida 33335 that a BOUNDARY AND TOPOGRAPHIC SURVEY of part of Lot 37, NAPLES GROVE 8 TRUCK CO's 'LITTLE FARMS 12, (P.B. 1 ,, page 27) Collier County, Florida, was completed under our direction on July 11 , 1984. �? To the best of our knowledge and belief, this BOUNDARY . AND TOPOGRAPHIC SURVEY meets the minimum technical standards set forth by the Florida Board of Land • Surveyors, pursuant to . Section 472.027, Florida Statutes. WILSON, MILLER, BARTON, SOLL 8 PEEK, INC. Registered Engineers and Land Surveyors • • . na • c'ee, . • Dated: July 11 , 1984 NOTE: ' This certification. is only tor the lands as described•. ~. It is not a certification of title, �., � ' ,'�fr �, . , toning, easements or freedom of encumbrances. This certification is not . valid unless signed by .the ' ' ` surveyor and ';sealed with the surve seal. Yor's embossed February 19, 1985 • • • l„• f • AGREEMENT I, Arnold Glass, as owner or authorized agent for Petition PU-84-18C, agree to the following stipulations requested by the Coastal Area Planning Commission in their public hearing on February 7, 1985. :(14!”. A. The site plan shall be revised to provide a single access on Kelly Road, designed and located in accordance with the construction plans for the Kelly Road improvements. PETITIONER OR/AGENT �- • REPRESENTATIVE FOR CAPC SWORN TO AND SUBSCRIBED BEFORE ME THIS 7+/ DAY OF , a4;)2,(1../lAka/A-4(j_ , 1985. ' . N ARY SEAL n'OTAr;Y r''"''C. STATE OF r1021DA 271987 j MY COMMISSION EXPIRES: r;cFD , r ct;,<aNct utm • • PU-84-18C Agreement Sheet • • • • yRe: w.• •• 43 trgfl�,• • • ar+ n• iQ BOOK 085 PAGE 745 ar .j r X 41 k C✓ .3 1 ` .'� 1i; }� „ ••'+F!'7 Zx • ,'"• �•• ' � .'.*y,,.,.'�'",'`i}^.vYlKF11Ch}4 1,.K!Ie'lrr iir.�." rN1� .... . 1t' .��. � '' February 19, 1985 ''' aeX ‘,..lx Aft v.,,4 k 085 PAGt 746 iK •� ye J!.t; 4 Ai {".t,' ; iiY FINDING OF FACT r BY - cwt .0. is • COASTAL AREA PLANNING COMMISSION ,? ' FOR • A PROVISIONAL USE PETITION FOR • • z.. PO-? y—/ge_ Moh,/ 0 f. : vs yi e,/dr41 ie°4 The following facts are found: • 1. Section 7.23 ,6 3) )of the Zoning Ordinance authorized the provisional 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 Yes (` Plan: ( ) No ( ) • B. Ingress and egress to property and proposed Yes (111( structures thereon with particular reference No ( ) to automotive and pedestrian safety and convenience, traffic flow and control, and • access in case of fire or catastrophe: C. Affects neighboring properties in relation to Yes (11/ noise, glare, economic or odor effects: No ( ) v t D. General compatibility with adjacent properties Yes di and other property in the district: No ( ) • Based on the above findings, this provisional use should, with •• stipulations, (copy attached) ( •• • •re be roco i� ed f- Pp ,. DATE: 8 4 Member. li ,�17� ti' r ., `{s:' i r T!