Resolution 1996-377
'AUG 1 3 1996
RESOLUTION 96-377
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF BOAT DEALERS (NEW AND USED) CONDITIONAL USE
"4" IN THE C-4 ZONING DISTRICT PURSUANT TO
SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Fiorida, 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 Land
Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional 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 Conditional Use "4" of
section 2.2.15.3 in a c-4 zone for boat dealers (new and used) on the
property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and
in accordance with Subsection 2.7.4.4 of the Land Development Code for
the Collier County Planning commission; and
WHEREAS, all interested parties have been given opportunity to be
heard 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:
AUG 1 3 1996
The petition filed by J. Dudley Goodlette representing Taylor
Properties with respect to the property hereinafter described as:
Portion of TJOts 7-11, Triangle Lake, as recorded in Plat Book
4, Page )~, ~f the Public Records of Collier County, Florida
be and the same is hereby approved for Conditional Use "4" of Section
2.2.15.3 of the C-4 zoning district for boat dealers (new and used) in
accordance with the Conceptual Master Plan (Exhibit "B") and subject to
the following conditions:
a. The Plan~ing & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by
the conditional use. Expansion of the uses identified
and approved within this conditional use application, or
major changes to the site plan submitted as part of this
application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, site Development Plan
Review and Approval, of the Collier County Land
Development Code (Ordinance No. 91-102).
b. Pursuant to Section 2.2.25.8.1 of the Land Development
Code, if during the course of site clearing, excavation
or other construction activity an historic or
archaeological artifact is found, all development within
the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
c. The access to the site for both customers and boat
deliveries shall be approved by FOOT and whether or not
a turn lane needs to be retrofitted to the site.
d. At the time of site Development Plan (SOP) submittal,
the petitioner shall provide a landscaping plan
consistent with Section 2.4 of the Land Development Code
except that the required trees shall be spaced no more
than 25 feet on center in the landscape buffer abutting
the right-of-way. In addition, the petitioner shall
provide a minimum 5 foot wide landscape strip around
perimeter of building. The landscaping shall include a
5 foot wide landscape strip around the 4 sides of the
main identification sign.
e. The SOP shall provide and show on plan the required
number of customer parking spaces consistent with
Section 2.3.16 of the Land Development Code.
t. The testing ot boat motors shall only be conducted in a
Water Test Tank.
g. The petitioner shall provide an architectural finished
exterior to the existing building or on any proposed
building along with an architectural roof treatment
(pitched or hipped). This may include other roof
styles.
h. Proposed water/sewer services from existi.:g main shall
be provided on the SOP.
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AUG I 3 I.QQS
i. At SOP submittal a five foot (5') clear area shall be
provided between handicapped parking spaces.
BE IT FURT1:~ RESOLVED that this Resolution be recorded in the
minutes of th~s Board.
commissioner
offered the foregoing
Hancock.
Roso1ution and moved for its adoption, seconded by Commissioner
Matthews
and upon roll call, the vote was:
AYES: Commissioner Hancock, Commissioner Matthews, Commissioner Mac'Kie~
Commissioner Constantine, and Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
13
day of
August, 1996.
BOARD OF ZONING APPEALS
COLLIER COUNTY, ~RIDA
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ATTEST: , -
DWIGHT E. BROcK '. CLERK
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ASSISTANT COUNTY ATTORNEY
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CU-96-6 RESOLUTION/17230
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AUG 1 3 1996
AGREEMENT
I, J. Dudley Goodlette, as owner or authorized agent for Petition CU-
96-6, agree to the following stipulations requested by the Collier
County Planning Commission in their public hearing on, July 18, 1996.
a. The Planning & Technical Services Manager may approve minor changes
in the location, siting, or height of buildings, structures, and
improvements authorized by the conditional use. Expansion of the
uses identified and approved wi thin this conditional use
application, or major changes to the site plan submitted as part
of this application, shall require the submittal of a new
conditional use application, and shall comply with all applicable
County ordinances in effect at the time of submittal, including
Division 3.3, Site Development Plan Review and approval, of the
Collier County Land Development Code (Ordinance No. 91-102).
b. Pursuant to Section 2.2.25.8.1 of the Land Development Code,
if during the course of site clearing, excavation or other
construction activity an historic or archaeological artifact is
found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
c. The access to the site for both customers and boat deliveries shall
be approved by FDOT and whether or not a turn lane needs to be
retrofitted to the sit~.
d. At the time of Site Development Plan (SDP) submittal, the
petitioner shall provide a landscaping plan consistent with
Section 2.6 of the Land Development Code except that the required
trees shall be spaced no more than 25 feet on center in the
landscape buffer abutting the right-of-way. In addition, the
petitioner shall provide a minimum 5 foot wide landscape strip
around perimeter of building. The landscaping shall include a 5
foot wide landscape strip around the 4 sides of the main
identification sign.
e. The SDP shall provide and show on plan the required number of
customer parking spaces consistent with Section 2.3.16 of the Land
Development Code.
f. The testing of boat motors shall only be conducted in a Water Test
Tank.
g. The petitioner shall provide an architectural finished exterior to
the existing building or on any proposed building along with an
architectural roof treatment (pitched or hipped). This may
include other roof styles.
EXHIBIT .C.
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ENGINEERING:
AUG 1 3 1996
a. Proposeo water/sewer services from existing main shall be
provid8d on che SDP.
b. At SDP submittal a five foot (5') clear area shall be provided
between handicapped parking spaces.
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PETITIONER OR AGENT
State of Florida
County of Collier
The fpregoing Agreement Sheet was acknowledged before me this
~~day of ~~l!4oc ' 1996 bY:r~o!.'>~.A\lEoIry..~\."",e
who is personally ~own to me or who has produced I
as identification and who did (did not) take an oath.
NClP.MA A !~6i ft.OlUO"
crr,tJ1.ypmucsr~ CCll%2
II CClIoll>IJSC10~~'; "UG, :zl..9'l6
MY cow.-15&IO.
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~nature of"~otary Public)
N6hA A ,~..va'"
NOTARY PUBLIC
Commission #I ('.C..;)/6Q7""
My Commission Expires:i~)9,
L/#L~
REPRESENtA IVE F CCPC
State of Florida
County of Collier
~he oregoing gre Sheet was acknowledged before me this
I day of , 1996 by
who s persona y k wn to me o~ ~~~ haa presyced
ae idu.t';'[h,aUon and who .d.M- (did not) take an oath.
RB/md/CU-96-6 AGREEMENT
~~~) k. ~
(Signature of Notary Public)
C~~: I io... Il m ~ ri-; h
NOTARY PUBLIC
Commission #I
My Commission Expires:
Of ^
CEClW. K MllmN
NOT AR Y J'IIEUC ~T II TE 01' FLO~ID"
I'.' CO:-lML161CN NO, CC151612
l.I:!y CC;I!MI:t.IO~1 LX'. "PIt 27.1999
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