Resolution 2002-422
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RESOLUTION NO. 02 - 422
RELATING TO PETITION NUMBER ST-2194 FOR A SPECIAL
TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT AN 11,200
SQUARE FOOT DRUG STORE AND A 266-SEA TREST AURANT ON
PROPERTY ZONED C-3ST, LOCATED IN SECTION 3, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes has
conferred on Collier County, the power to establish, coordinate and enforce, zoning and such
business regulations as necessary for the protection of the public health, safety and welfare; and
WHEREAS, the County pursuant thereto has adopted Ordinance 91 -1 02 as amended
which establishes regulations for the zoning of particular geographic divisions of the County; and
WHEREAS, the Collier County Commissioners, being the duly elected constituted board
of the area hereby affected, has held a hearing in regular session as in said regulations made and
provided, and has considered the advisability of allowing the construction of an 11,200 square
foot drug store and a 266-seat restaurant as shown on the attached plans, Exhibits "A", "B", "c"
and "D", in a C-3ST, Commercial Zoning District with Special Treatment Overlay for the
property hereinafter described in Exhibit "E", 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 is in accordance with Section 2.2.24 of the Land Development Code for the
unincorporated area of Collier County; 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 COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Petition ST -2194 filed by Michael Landy, P.E., of Landy Engineering, representing the
Southwest Florida Opportunity Fund, with respect to the property more particularly described in
Exhibit "E" which is attached hereto and incorporated by reference herein, be approved for a
Special Treatment Development Permit allowing the construction of an 11,200 square foot drug
store and a 266-seat restaurant as shown on the attached plot plans, Exhibits "A", "B", "C" and
"D", in a C-3ST, Commercial Zoning District with Special Treatment Overlay wherein said
property is located, subject to the following conditions:
1. Permits or letters of exemption from the U.S. Army Corps of Engineers
(USACOE) and the South Florida Water Management District (SFWMD)
shall be presented prior to final site plan/construction plan approval.
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2. An exotic vegetation removal, monitoring and maintenance plan for the
site shall be submitted to Current Planning Section Staff for review and
approval prior to final site plan/construction plan approval.
3. Minor revisions to Special Treatment Development Permit No. ST-2l94
(including changes in siting and structures) may be approved. in writing,
by the Planning Services Director or his/her designee.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST-2194 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DATE:
OCT - 8 2002
BY ~~~
JA~ N. COLETTA, CHAIRMAN
, r. ,A,TTEST:
. . .b'W"~T E. BROCK, CLERK
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:'~r~ "'.IJ;r~YCLER Attest as to Chlll'llln'S
c.~), "":;'.~:< I fgnlture on11.
' . . 'A'pproved as to Form and Legal
Sufficiency:
~ m. {Jr.u<td.
Marjori M. Student
Assistant County Attorney
h/ST Resolution
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C.R. 951
Exhibit "A"
SITE DEV~'~OPM£NT P&,4N
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Exhibit "B Il !'~
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Exhibit "C"
KENT D. HAMILTON, A.I.A., ARCHITECT ~ ~
Exhibit "D"
WARRANTY DEED
THIS INDENTURE is made..this day of /~U~,- ,
2000, between RICHARD A. VAN WERT, with a mailing add~ess of
Van Weft, Zimmer, Bonesteel, Conlin & McCann, P.C., One Militia
Drive, ..Lexington, Massachusetts 02421, as the successor Trustee
under LAND TRUST NO. 27-8128-00-4 (fOrmerly known as Land Trust
~No. 50,0656)',- and not= individually, as the 'Grantor", and _
SOUTHWEST FLORIDA OPPORTUNITX FUND, L~.L'.C.,- aFlortda Limited
Liability Company, with a mailing address of 2223 Trade Center
Way, Naples, Florida 34109, as the "Grantee". The Grantor, in
consideration of the sum of ONE MILLION ON~ HUNDRED FIFTY
THOUSAND AND 00/100 DOLLARS ($1,150,000.00), and other good and
valuable considerations in hand paid, does hereby grant, sell and
convey Unto the Grantee the following described real property,
situate, lying and~being in Collier County, Florida, together
with the tenements and appurtenances thereunto belonging, to wit:
Parcel 1 (Oliver);
~The Northwest quarte~ (NW 1/4) of Section 3, Township 51 Sbuth,
:Range 26 East, Collier County, Florida:
From the Northeast corner of sai~ Northwest quarter (~q4 1/4)'
run w~th the SeCtion line North ~9°23,53. West a distance of
324.27 feet to the East right-of-way line Of State Road
#951; thence with said right-of-way line South 35°40,08·
West a distance of 887.72 feet to the true POINT OF
BEGINNING; Thence continuing with said right-of-way line
South B5°40,08- West a distance of 365.0 feet to its
junction with the North right-of-way line of State Road #RD;
thence with the right-of-way line of State Road #90 South~
24°19'52" East a distance of 69.99 feet and South 54°20,16"
East a distance of 159.38 feet; 'thence North 35°39,44" East
a distance of 400.0 feet; thence North 54°20,16· West a
' distance of 220.'0 feet to the POINT OF* BEGINNING.
Parcel Identification No. 00724640005
Parcel 2 (Collier) :
The Northwest quarter (NW 1/4) of Section 3, Township 51 South,
Range 26 East, Collier County,~Florida:
From the Northeast corner of said Northwest quarter (NW 1/4)
run with the Section line North 89°23,53" West a distance of
324.27! feet to the East rig~. t!of-way line o~ State Road
#951; thence with said right-of-way line So6th 35°40,08"
West a distance of 1252.72 feet to its junction with the
North right-of-way line of State'Road #90; thence with the
right-of-way line of State Road'#90 South 24~19,52. ~ast a
distance of 69.99 feet and South 54°20,16" East a distance
of 159.38 feet to the true POINT OF BEGINNING. Thence North
-" Exhibit "E"
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35°39,~4" East a distance of 400 feet;[thence South --
54°20'16" East a distance of 220 feet; thence South
35o39,44-~West a distance of 400 feet; thence North
54°20,16" West a distance of 220 feet to the POINT OF-
BEGINNING. ' :.
..... propertg. i gt :t e: omes ead of the Gra or,
who ~ a resident of the state of Ma'Ssachu~s~tts'
TO HAVE AND TO HOLD the same in fee simple and to the proper
use and benefit forever of said Grantee;
This Deed is made subject to real estate taxes; zoning and
use restrictions imposed by governmental authority; restrictions
and easements common to the subdivision; and 0~tstanding oil, gas
and mineral.interests of record, if any. ' -
Grantor has s{et his hand and seal,
'IN WITNESS WHERe,the
this~ ~ day of ., 2000.
Signed~, sealed ~a~d delivered in
presence of:
~I~NATURE OF WITNESS No. 1
PRINTED NAME OF WITNESS NO. I
NATURk' OF WITNESS No. 2
PRINTED NAME OF WITNESS NO. 2
~ick~RD ~.- v~ ~RT,: as
successor Trustee under LAND
TRUST NO. 27-8128-00-4, and
not individually, as Grantor
t, 8A
Exhibit "E"
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