Resolution 1988-008 t sou 110 Fag'714 PM,
RESOLUTION 87- 8
RELATING TO PETITION NO. PU-87-25C FOR
PROVISIONAL USE OF PROPERTY HEREINAFTER
DESCRIBED IN 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
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the protection of the public; and
WHEREAS, The County pursuant thereto has adopted a Comprehensive
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Zoning Ordinance establishing regulations for the zoning of 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-4 zone for the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement
has been made concerning all applicable matters required by said
regulations and in accordance with Section 13 - ld of the Zoning
Regulations for the Collier County 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 petition of Wilson, Miller, Barton,
Soll, and Peek representing Kevin Stoneburner with respect to the
property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated
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by reference herein
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,l'# be and the same is hereby approved for Provisional Use "a" of the C-4
'g zoning district for a car wash subject to the following conditions:
r Exhibit "C" which is attached hereto and incorporated
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by reference herein.
BE IT FURTHER RESOLVED that this resolution be recorded in the
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minutes of this Board.
Commissioner C'trdnight- offered the foregoing resolution
and moved its adoption, seconded by Commissioner Hasse
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and upon roll call, the vote was:
AYES: Commissioners Goodnight, Hasse, Pistor, Saunders and Glass
NAYS: None
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ABSENT AND NOT VOTING: None
ABSTENTION: None .L
Done this 12th day of January , 1988.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
I BY:ARNOLD Ls.l;LASS, :CHAIRMANATTEST:
JAMES C. GILES, CLERK
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•�, , .op COLLIER
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APPROVED AS TO ORM AND LEGAL SUFFICIENCY:
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R. B E ANDERSON
ASSISTANT COUNTY ATTORNEY
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BOOK
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110 i:718
• FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
• A PROVISIONAL USE PETITION
FOR
PU-87-25C
The following facts are found:
1. Section 7 .2 3 b . 3) (a) of the Zoning Ordinance authorized the
provisional use.
• 2. Granting the provisional use will not adversely affect the public
interest and will not adversely affect other property or uses in
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the same district or neighborhood because of:
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A. General compliance with the Comprehensive Plan:
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Complies with Comprehensive Plan
1 Yes K 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 firs or catastrophe:
Adequate ingress b egress
Yes ,- No
C. Affects neighboring properties in relation to noise, glare,
economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated •
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D. General compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes `( No
Based on the above findings, this provisional use should, with
stipulations, (copy attached) (should not) be recommended for approval
• DATE: �,. r ? CJ 77 Member: • /
'"tom CAAir,NM
Exhibit "A"
Finding of Fact Form Member
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1 WILSON • MILLER • BAR7ON • SOLI&PEEK INC.
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LEGAL DESCRIPTION
A parcel of land lying in Lot 7 of Naples Improvement Company's
Little Farms and being more particularly described as follows:
commencing at the Southwest corner of Lot 7 Naples Improvement
Company 's Little Farms as recorded in Plat Book 2, Page 2 of the
Public Records of Collier County, Florida; thence run North --
89'-27 '-32" East for 20.00 feet to a concrete monument and the
POINT of BEGINNING of said parcel of land; thence North 00'-39'-49"
West along the East Right-of-Way of County Road No. 851 •
(Goodlette-Frank Road ) for 127.45 feet; thence North 44'-20 '-ll"
East for 35.36 feet; thence North 89'-20 '-ll" East along' the South
Right-of-Way. of •County Road No. 886 (Golden Gate Parkway) for
122. 57 feet; thence North 79'-49 '-39" East for 159'.63 feet; thence
in a Northerly direction along the arc of a curve concave to the
Northwest through a central angle of 22'-37 '-00" and having a
radius of 813. 94 feet for a distance of 321 . 29 feet, thence South
00'-39 '-49" East for 301 .92 feet; thence South 89'-27 '-32" West
600.00 feet to the POINT of BEGINNING.
LESS AND EXCEPTING THEREFROM
Land described in Official Record Book 1123, Page 746, described as
follows:
A parcel of land lying in Lot 7 of Naples Improvement Company's
Little Farms and being more particularly described as follows:
• commencing at the Southwest corner' of Lot 7 of Naples Improvement
Company's Little Farms as recorded in Plat Book 2, Page 2 of the
Public Records of Collier County, Florida; thence North
89'-27 '-32" East for 20.00 feet to the Easterly Right-of-Way of
County Road No. 851 (Goodlette-Frank Road ) and the POINT of
BEGINNING; thence North 00'39 '-49" West along said Easterly
Right-of-Way for 127 .45 feet; thence North 44'-20 '-11" East for
35.36 feet; thence North 89'-20 '-ll" East along the South '
Right-of-Way Line of County Road No. 886 (Golden Gate Parkway) for
122.57 feet; thence North 79'-49 '-39" East for 25.78 feet; thence
South 00'-27 '-49" East for 157.08 feet; thence South 89'-27 '-32"
West for 173.00 feet to the POINT of BEGINNING.
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600K 11n°a�•I 71 1
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Exhibit "B" ;•n ,*{;• '.', 5fi
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AGREEMENT
I, Alan D. Reynolds, as owner or authorized agent for Petition
PU-87-25C, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on December 17, 1987.
a. 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
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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.
b. 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 a maintenance program shall be implemented to
prevent reinvasion 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.
c. If during the course of site clearing, excavation, or other
constructional activities, an archaeological 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
n designated consultant to assess the find and determine the
proper course of action in regard to its salvageability. 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.
d. If on site and if in peril of destruction due to construction,
the two Sabel palm trees (Sabel palmetto) of the southwest
corner will be transplanted as landscape elements.
e. Petitioner must submit information to NRMD concerning disposal
of waste water from the car wash; petitioner urged to recycle
water for multiple washings but water disposal must meet with
the approval of NRMD.
Exhibit "C"
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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.
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g. The existing water management system for the adjacent
convenience store shall be repaired as necessary to bring the
facility into compliance with the previously approved water
management plan and design. This repair work shall be
performed in conjunction with, and as a condition of, any
future building permit issued for this site.
h. Access to the site shall be in accordance with Ordinance 82-91
and be designed and constructed so as to allow only right turn
in and right turns out.
i. The access shall include an eastbound right turn lane on
Golden Gate Parkway so as to remove turning vehicles form the
' path of thru traffic. It should be noted that the right turn
lane will require sidewalk relocation.
j. These improvements are considered "site related" as defined in
Ordinance 85-55 and shall not be applied as credits toward any
impact fees required by the ordinance.
k. The Petitioner shall install a fire hydrant at the subject
location.
1. Access to this site shall be in accordance with Ordinance
#82-91.
the
m. Interconnection of this site toAadjacent commercial properties lb
shall be zest
fro./Aect
n. Prior to the issuance of building permits, the Petitioner shall
submit a site development plan for review and approval per
Section 10.5 of the Zoning Ordirn:T ance 82-2.
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PETITIONER •R AGENT
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REPRESENTATIVE FOR CCPC
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SWORN TO AND SUBSCRIBED BEFORE ME THIS 11 tt" DAY
. 4 OF c..112.4..e...-cr% ).....t„ , 1987.
4.1 0 _CLe.,34.11- k -• CNCNO4
NOTARY
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SEAL rum, fain SIM Of ROAM . ,
' i r. unitiSVA UP. APR 27,1991
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I.:....;■.0 I,;Pd 6E0ERAL Pt.
. i MY COMMISSION EXPIRES:
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PU-87-25C Agreement Sheet
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