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Resolution 1984-189 (PU-84-14C) • • October 2, 1984 RESOLUTION 84- 189 RELATING TO PETITION NO. PU-84-14C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapters 67-1246 and 125, Florida Statutes, has conferred on all counties in 1 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 division, of the County, among which is the granting of provisional uses; and WHEREAS, the Coastal Area 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 "h" in a RHF-12 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has not 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 opportunitytobe . _ heard by this Board in public meeting assembled and the Board having considered all matters presented. NOV, THEREFORE BE IT RESOLVED, by the Board of ZONING APPEALS of Collier County, Florida that the petition of Janes Renee', Agent, representing /arelare-Capri Point General Partnership, wt h respect to the property hereinafter described as: (SEE ATTACHED) . ` 71111111011111111111111111111.11Millailk..‘11111111111111111111M111111nomatarismai October 2, 1984 int 083w 547 be and the same is hereby approved for Provisional Use "h" of the RM-12 coning district for 4 story structures subject to the following conditions! (See attached agreement sheet) BE IT FURTHER RESOLVPI) 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, the vote vast AYES! Commissioners Kruse, Holland, Pistor, Voss and Broom WAYS: None ABSENT AND NOT VOTING: None ABSTENTION: None Done this 2nd day of October , 1984 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: / DAVID C. BROWN, CHA ATTE : APPROVED AS TO PORN & LEGAL SUFFICIENCY: 2t1; N, I. IS , 7 1111 ;.•\ PU-84-14C Resolution rzz October 2, 1984 i LEGAL L°^'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 minutes 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 seconds West, for 900.00 feet, to a point of curvature; run 496.98 feet along the arc of a curve, concay., to the northeast, having a radius of 185.00 feet, and subtended by a chord having a bearing of North 28 degrees 41 minutes 32.5 seconds West and a length of 360.46 feet, t. 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, 1 to the Point of Beginning; containing 20.13 acres, more or less, excepting from the above the following: Beginning from the Northeast corner of Section 6, Township 1 52 South, Range 26 East, Collier County, Florida, run South 1 degree 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, Page 8, Public Records of Collier County, Florida; thence run South 69 degrees 27 minutes 16 seconds West, along said Bulkhead Line, 300.52 feet; thence run North 20 degrees 32 minutes 44 seconds West for 272. 34 feet; thence run North 1 degree 11 minutes 33 seconds Enst , for 90.0 feet to a point 1 30.0 feet South of the North line or said Section 6, thence !1 run South 88 degrees 48 minutes 27 seconds East along a lin parallel with and 30.0 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. _ icOt 08.30 /8 driiiimempasimummiimmire • • October 2, 1984 a i iii 6CDK 083rWI-54J 5 � I • -# M . +4+ • FINDING OF FACT ` `S{ • COASTAL AREA P,1:- BY y PLANNING COMMISSION ak FOR Altp A PROVISIONAL USE PETITION FOR f 1. The following facts are found: 1. Section / h Of the Zoning Ordinance authorized the provisions 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 • access in case of fire or catastrophes 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: Dated on the above findings, this provisional use should stipulations, (ro s th approval PY• �tached) (shoulde e„ecomen for DATE: ,/ 4. CC1IA I RMA7f ice. • ® MN = October 2, 1984k- i,4' 307.1 • 1 i, ::. ACREFl!M' • ,,,, I, Jim Vensel. as owner or authorized agent for Petition PD-84-14C, agree to the following stipulations requested by the Coastal Area Planning ,;' Commission in their public hearing on September 20. 1984. : ' A. EAC stipulations per staff report dated September 11, 1984. S ! '•B. Water Management design criteria shall be as detailed in South Florida Water Management Districts "Permit Information Manual", Volume IV. ti C, Utility Divisions P.wo dated Aasuet 70, 1984. D. Waste rater treatment facilities shall be approved by D.E.R. E. Legal be corrected to exclude the south 4 of Pelican Street. `",, ti" YF�T�lIIOHE 0 (h T 11• ( • S VV , •REF SI IVE OR CAPC / TAT SWORN TO AND SU3SCRIBED BEFORE ME THIS .2` '-r- DAT i'• OF ._', ,-, i,rr� . k ' , 1984. ' fi` i ?IOTA?! SEAL µY CC!iMISiIOv ITJ''us L :1 IuO. MT COMMISSION EXPIRES: tv u�� i p f�i�. ".k^, ,4 1 PU-84-14C Agreement Sheet + k ' IS • {1{... 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