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Resolution 1986-119 1. July 22 , 1986 mit V95FAG[403 RESOLUTION 86- 119 RELATING TO PETITION NO. PU-86-9C 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 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 zoningof 8 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-3 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 Collier County Planning Commission; and WHEREAS, all interestedparties have beengiven 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 filed by Young,8, VanAssenderp, Varnadoe, and Benton, P.A. , representing Norman P. Alpert, with respect to the property hereinafter described as: p See attached legnl description "Exhibit A" 4 411101 July 22, 1986 be and the same is hereby approved for Provisional Use "e" of the C-3 zoning district for a radio station, office and studio, subject to the following conditions: See Attached Agreement Sheet (Attachment "A") BE IT FURTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Goodnight ' offered the foregoing resolution and moved its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: ° AYES: Commissioners Goodnight, Hasse, Voss, Holland and Pistor , NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: None Done this 22nd day of July 1986. BOARD OF ZONING APPEALS COLLIER CO NTY, FLORIDA • • BY: k C?. i"?.-i-- -- JO A. PISTOR, CHAIRMAN '� .- .� AkgS•�Cy GILES, CLERK •� • 4. ,i' . ; .. Virg£ a Magri C/ .��.' . '� � De�w ty Clerk .r,_ ED AS TO FORM AND LEGAL SUFFICIENCY: KENNETH B. CUYLF,$ COLLIER COUNTY ATTORNEY • • • PU-86-9C Resolution BOOR 095 r,,E. PA 404 i1 60Cy 095 PA q 405 July 22, 1986 EXHIBIT "A" LEGAL DESCRIPTION The Northwesterly 150, 00 feet of the following described land, located in Section 33, Township 50 South, Range 26 East, said described land being filed in Offical Record Book 462, Page 527 of the public records of Collier County, Florida: Commence at the Southwest cdrner of Section 33, Township 50 South, Range 26 East, Collier County, Florida, and run along the Westerly boundary of said section, North 02°37' 04" East, for 1321. 37 feet; thence leave said section line and run South 89°59' 22" East, for 2438. 42 feet: thence run • North 54° 25 ' 01" West, for 990. 48 feet to a point, said point being the Point of Beginning; thence continue North 54°25' O1" West, for 400. 00 feet; thence run North 35°34' 59" East, for 400. 00 feet to a point on the Southerly Right of Way line of State Road 90, ( U. S. 41); thence run along said Right of Way, South 54°25' O1" East, for 400. 00 feet; thence leave said Right of Way and run South 35°34' 59" West, for 400. 00 feet to the POINT OF BEGINNING; containing 1. 837 acres. SURVEYOR' S NOTE: Acreage as listed for the 400 ft. by 400 ft. tract recorded in the above mentioned Offical Record Book is incorrect. The correct acreage is 3. 673 acres. 4 Acreage for the Northwesterly . 150 feet of the above described tract is 1. 377 acres. • • f--/?2:,-(../ l / • /William C. MAn . cly P. L. S. Fla. Cert. No. 1543 • • • ii • x • July 22, 1986 AGREEMENT I, George Varnadoe, as owner or authorized agent for Petition PU-86-9C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on July 3, 1986. a. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to 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. b. 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 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. c. 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 n mnint.nnncn program shell be implemented to prevent relnvaslon 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. d. If during the course of site clearing, excavation, or other constructional activities, an archaeolog:_al 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 designated consultant to assess the find and determine the proper course of action in regard to its salvageability. e. The location of the driveway, parking lot, and building should be carefully sited to minimize the amount of tree clearing necessary to accommodate the structure. A' BOOK 0J5 r,;[ 406 r '100K O95PA.E4O7 July 22, 1986 ' ,Att .yq„ . "" ,1 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. g. Utilities memo dated May 7, 1986 (attached). .. h. The project must conform to 10-D-6 FAC. i. The building and any transmitters or receivers shall be setback from the west side and rear property lines no less than shown on the site plan (69- feet. west side and 195 f rear). ti(5 MN J� alkav PE OVER OR AGENT `,,C'‘, 1-41.LSA:1!:ii ;::.i.. ,// (f 'LPj/ /� REPRESENTATIVE FOR//CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY .. OF 2--e'-,y- , 1986. L,5? i0--..,..-,..,__, -z. zu.__/.._/...,,.) �,I i..� NOTARY ')' iSEAL . • 1 ,�• ) � tJOtary...MIL-, aZtO : .. . ,. } I , 1'MY,ICOMMISSION EXPIRES: f:.? C`.,•T-�1"r • . s lc?.• i-•;f 4 c) ') ',' ?' ,.'s PU-86-9C Agreement Sheet J. A.,,t, a-ctr,Lul-c. p.,,.4-e,,.,..,�...� a s P-a-,-h,-L. 'it l . z�.i 0r�-t- � ,tee , �— c.� ,�r � t� a rl,f 1.�- in.)-t C �o 4�4.�- w Ga IN d- s e et,,,,L,C t 0 U f- ✓'tlJ,v se.f c��l< . II c:: • ij 1. July 22, 150G I. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR , • • • • The following facts are found: :. 1. Section �, -2 1'13�P of the Zoning Ordinance authorized the provisional use. R 2. Will the proposed Petition: A. Be 'n compliance with the Comprehensive Plan? Yes No+, B. Provide ingress and egress to property and proposed ^ r o Yes No structures thereon with particular reference to ''_' automotive and pedestrian safety and convenience, / traffic flow and control, and access in case of fire 1 ;_• � or catastrophe? r{ } C. Not adversely affect neighboring properties in F relation to noise, Yes No ' '.4 glare, economic or odor effects? / , aL 'ray, • ry �; ,i ,rD• Be generally compatible with adjacent properties ,, -t1rwr„ and other property in the district? Yes No �r tt • f�. Based on the above findings, thi stipulations, copyprovisional use {should), (with ".2z attached) (should .ue-e•-) be recommended f (CROSS OUT OPTION(s) NOT APPLICABLE) •approval. p . DATE: =h i i,t ' = ,., {; Chairma ZrF (.0...w... • • FlndinR of Fact Member t 1 ...ti %Pc '''' H♦X�y•,� la(ev • �V ,ti u.l' i1 .• S .t. sooK 095 Pv.E 408.