Resolution 1990-199 i
IRESOLUTION 90- 19Q APRIL 10 .1990
1
RELATING TO PETITION NO. PU-89-25 FOR PROVISIONAL 3
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 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 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 "k" in an C-4 zone for retail
sales of propane gas on 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 13.1.d of the Zoning Regulations for the
Collier County Planning Commission; and
` WHEREAS, all interested parties have been given opportunity
pportunity
to be hoard by this Board in a 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
Harper of A-1 Gas Co. , representing William L. Morris d/b/a
Naples Fertilizer and Supply Co., with respect to the property
hereinafter described as:
Lot 69 except west 2355' and East 1000 of Naples
Improvement Cos. Little Farms, according to plat thereof as
recorded in Plat Book 2, Page 2, in the Public Records of
Collier County, Florida
be and the same is hereby approved for Provisional Use "k" of
000C®0055
APRIL 10, 1990
the C-4 zoning district for retail sales of propane gas subject •
to the following conditions:
Exhibit "B" which is attached hereto and incorporated
by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
Commissioner Goodnight offered the
foregoing Resolution and moved for its adoption, seconded by
Commissioner Volpe and upon roll call, the vote
i was:
AYES: Commissioner Goodnight, Commissioner Volpe, Commissioner Shanahan,
Commissioner Saunders and Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION: •
Done this 10th day of April , 1990.
BOARD OF ZONING APPEALS
COLLIER C , FLORIDA •
3 BY: ..6:;s +
SSE,a0.1?)(zdeteRI.,CHAI
ATTEST:
JAMESSI2GILES, CLERK
�-• -0e.
APR VED AS TO;FORM AND LEGAL SUFFICIENCY:
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24 �x. ,'
T fE
• MARBIat
JOEI1 \SUDENT
ASSISTANT COUNTY ATTORNEY
1
PU-89-25 RESOLUTION
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-�. APRIL 10, 1990
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FINDING OF FACT
• •
COLLIER COUNTY PLANNING COMMISSION
FOR
• A PROVISIONAL USE PETITION
FOR
PU-89-25 .
• The following facts are found: -
•
• r .23 b the. 3)(k) '
1. Section 7
authorized of the Zoning Ordinance
provisional use.
2. Granting the provisional use will not adversely affect
the public. interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with /`Com rehensive Plan
Yes __ 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
fire or catastrophe:
Adequate ingress,& egress
•
Yes -� Nog
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
I. No affect or Affect mitigated by r' ^
Affect cannot be mitigated _
D. General compatibility with adjacent properties and
other property in the district:
I Compatible usi th in district
Yes No
Halted en the above findings, this
p
with stipulations, (copy attached) (ovisional e should,
recommended for approval
DATE: /Ir. / e' gG ..
' Ptf:
EXHIBIT A rvuYtA� ' 7 y ('41f�
•
Z•
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000010057
•
APRIL 10, 1990
FINDING OF FACT
BY
It COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
FOR
Pt2-R9-25
The following facts are found: '
1. Section ? 91 N 1((v) 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 the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with Com rehensive Plan
Yes 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
fire or catastrophe:
Adequate ingres/s a 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
D. General compatibility with adjacent properties and
other property in the district:
Compatible use ithin district
Yes r No
Based on the above findings, this provisional use should,
with stipulations, (copy attached) -(-she 4-feet) be
recommended for approval
DATE: 7-/ MEMBER: ,.,,,,,,„:4 A`S7i,,o4t(
FINDING OF FACT MEMBER
•
1 .
•
APRIL 10, 1990 •
a'
f*.i: .
• FINDING OF FACT '
BY
• COLLIER COUNTY PLANNING COMMISSION •
FOR
A PROVISIONAL USE PETITION
FOR
Pit-89-25
•
The following facts are found:
1. Section 7 ,Z i, 7( ) 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 the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with Comprehensive Plan
Yes / No
•
•
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
i
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress i egress
Yes ✓ No
•
C. Affects neighboring properties in relation to •
noise,-glare, economic or odor effects:
t/ No affect or Affect mitigated by .
Affect cannot be mitigated
D. General compatibilitywithproperties
adjacent prope_..fes and
other property in the district:
Compatible us.e within district •
Yes ✓ No
Based on the above findings, this p •, • 1 use Shout, •
with stipulations, (copy attached 4f -' . ' •
- ' ot) be
recommended for, approval . / •
. � /
DATE: � MEMBER:
• : . .. :
FINDING FACT MEMBER
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APRIL 10, 1990
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l'
FINDING OF FACT '
BY
COLLIER COUNTY PLANNING COMMISSION ,
FOR _
A PROVISIONAL USE PETITION •
i ,
FOR
}
PU-84-25
•
The following facts are founds
• 1. Section , ? let o of the Zoning Ordinance
authorized the*e provisional use.
•
2. Granting the provisional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with Comprehensive Plan
Yes X No
E. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
i traffic flow and control, and access in case of `
fire or catastrophe:
Adequate ingress s egress
Yes / No
C. Affects neighboring properties in relation to •
noise, glare, economic or odor effects:
t No kffect or Affect mitigated by
ie Affect cannot be mitigated
t D. General compatibilitywith
adjacent properties and
. other property in the district:
Compatible use within district
Yes No X
Based on the above findings, this provisional use shou3d,
- - with stipulations, (copy attached) (should not) be
recommended' for approval •. •
•
DATE: t31•J ! 9 0 MEMBER:\. ry i....C�i 1/••....� • w .
( r
FINDING OF FACT MEMBER
{fil—'G to
000(10060
I ,
•, APRIL 10, 1990
FINDING OF FACT •
BY •
COLLIER COUNTY PLANNING COMMISSION
FOR
A PROVISIONAL USE PETITION
• FOR
.
•
•
Pit-S9-25 •i
The following facts are found: • •
1. Section 7 7.1 1., 1([41 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 the same district or neighborhood
because of:
~
A. Consistency with the Comprehensive Plan:
Complies with Comprehensive Plan
• Yes L/ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
13
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress 3 egress
Yes .- No
C. Affects neighboring properties in relation to
noisg, glare, economic or odor effects:
•1 ✓ No affect or Affect mitigated by
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district: •
Compatible us} within district •
1 Yes ✓ No
Based on the above findings, this provisional use should,
I with stipulations, (copy attached) (1h *14-**t) be
recommended for approval .
DATE: S /.. 9p MEMBER:_Ae4a:, eti.r.e16-..
'
FINDING OF FACT MEMBER ,•, +'•
•
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a
APRIL 10, 1990
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
•
FOR -
A PROVISIONAL USE PETITION
• FOR
Pit-A9-25
' The following facts are found: .
1. Section 7 71 h 1(00 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 the same district or neighborhood
because of:
,A. Consistency with the Comprehensive Plan:
Complies with Cqmprehensive Plan
Yes v, 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 aocaaa in case of
fire or catastrophe:
Adequate ingres/s a egress
3 Yes Y No , ,
C. Affects neighboring properties in relation to
g g 4
nois , glare, economic or odor effects:
V No affect or Affect mitigated by
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in th district:
Compatible to within district
1 Yes No
Based on the above findings, this provisional use should, •
with stipulations, (copy at ac ed) (should not) be
recommended for approval j4 C_
Q .,
• DATE: / �/L /0 MEMB •
FINDING OF FACT MEMBER t ' » a
ilfr
APRIL 10, 1990
FINDING OF FACT •
•
BY
COLLIER COUNTY PLANNING COMMISSION
}'v FOR
A PROVISIONAL USE PETITION
FOR
PIT-89-25
The following facts are found: -
1. Section 7 71 h a((kl 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 the same district or neighborhood
because of:
A. Consistency with the Comprehensive Plan:
Complies with Cor rehensive Plan
Yes __ 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 "
fire or catastrophe:
•
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to
i noise, glare, economic or odor effects:
No affect or Affict mitigated by 1/"
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district:
A_ 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:�l'l�QV
✓✓✓✓✓✓ MEMBER: •
FINDING OF FACT MEMBER • /R1.
N. ' 2 7 r:: alliclq4; ''
000C10063
A 7..A• 9
APRIL 10, 1990 •
•
AGREEMENT
I, James Harper of A-1 Gas Co. , representing William L.
Morris d/b/a Naples Fertilizer and Supply Co., authorized agent
for Petition PU-89-25, agree to the following stipulations
requested by the Collier County Board of County Commissioners
in their public hearing on April 10, 1990.
1 ., ..
1. Petitioner shall meet all the requirements of
N.F.P.A. 58 and all other applicable local and •
state regulations and secure any necessary permits.
2. Petitioner shall construct and maintain a hurricane
type fence or vegetation around the propane tank.
PET OR AGENT
eeATIVE FO C
SWORN TO AND SUBSCRIBED BEFORE ME THIS ICIp, DAY
OF Qey.A
1990.
•
NOTARY i_,.1. ,
(1 L
SEAL
IOTAPT metre STATE OF FLCTTtA
HT COne!:3TO: Er. /fR 27 !;.tI
MY COMMISSION EXPIRES: EMU T/17.4 :f:,r'L :•.s, •
PU-89-25 AGREEMENT SHEET
nb/3976
EXHIBIT B
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