Resolution 1986-009
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Januar; 28, 1986
RESOLUTIO~ ~6- 9
RELATING TO PETITIGN NO. PU-85-2JC FOR PROVIS:ONAL
USE OF PROP-ERTY HEREIlIAFTER DESCRIBF:D III
COLt.IER COtJNTY, FLORIDA.
~lEREAS, the L~gislature of the St~te of Florida in Chaptets 67-1246
and 125, Florida Statutes, has conf~rr~d on all counties in Florida the
pC'IJer to establish. coor<:l1nate and enforce zoning and such business
regulations as are necessary for the prot~ction of the public; and
1o'HEREAS, The County purRullnt thereto has adopted a Co~prehensive
Zoning Ordinance establishing regulJltionfl for the zoning of particular
geogr1lphi<: divisions of the COU:lty, ,100ng ....hich is the grc:nting of
provisional use3; and
1o'HEREAS, the Collier County Planning Commission, being the dulo,
appointed and constituted pL'Inning board for the area hereby lffected,
has held a public hearing lifter notice a!l in !laid regulations nade and
provided, and has considered the adVisability of Provisional Use "c" in a
C-3 zone for the prap~rty hereinafter described, and has found a, a matter ~f
fact that satisfactory provision and arrangement has been made c~ncerning
all applicable matters re'luired by !laid reguLHians and in a(:cardance
....ith Section 13 - Id of the Zoning Regulations ~or the Collhr County
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Planning Cocmisston; and
\.'HEREAS, all interested parties have been gioren opportunity to be
heard by this Board in public meeting a!l!lembled and the Board having
considered all ~atters pre!lented.
NOW, THEREFORE BE IT RESOL',;EO, by the Board of ZONWG APPEALS of
Collier County, Florida that the petition of Donald A. Pick~Qrth of
Asbell, Hains, Doyle a~d Pick....orth, representing George Carmichael, ....ith
respect to the property hereinafter described as:
See attached ~egal description
be and the !lame 15 hereby approved for Provisional Use "c" of the.
C-3 zoning di!ltrict for a motion picture theatre subject to the following
conditions:
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(]92 t~r: 13
Januarj 28, 1986
'OOK 092w~ 1~.
A site c:earing plan shall be suh~itted to the Natural
Resources Management OeplHtrne:1t and the Community Dc'/elopment
Division for their revie.... and approval prior to any
substantial ',1orl<. on the site. This plan may .~e sub:1itted in
phases to coincide ....ith the development schedule. 7he site
clearing plan shall clearly depict ho... the final site layout
incorporates retained native vegetation to the maximJ:n extent
possible and hov roads. bull:Hn~s, lakes, patl<.ing :ots, and
other facilities ha';e b~en ori...nted to ac,=oMr.',odate this goal.
B.
Native species shall be utilized, ...here available. to the
maximum extent possible in the site landscaping design. A
landscaping plan 101111 be submitted to the Natural Resources
Manilge:nent Department ,1nr. the CfJ=:uni ty Developrr.er.t Division
for their revie',1 and approval. This plan ....111 d,,~ict the
incorporation of native species and their :nix ....:th other
specie!l, if any. The goal of site landscaping sha II be the
re-creation of native vegetation and habitat characteristicS
lost on the site during construction or due to past
activities.
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C. All cy.otic plants, as defined in the County Code, f\hall be
removed during each phase of construction from dl,velopment
areas, open space areas, and preserve areas. Follc\Jing site
development a maintenance program shall be imple,ented to
prevent reinvasion of the site by such exotic spet:ies. This
plan, ....hich \/ill describ~ control techniques and Lnspection
intervals, shall be filed ....ith and approved by tre Natural
Resources Hanagement Department and the CotrJllunity D~veloplDent
DiviBion.
D. If during the course of site clearing, ex-:avation, or other
constructional activities, an archaeological or 1istorical
site. artifact, or other indicator is discov(:red, all
develapa:ent at that location shall be immediately stopped and
the Natural Resources Management Department notified.
Develop~ent ...ill be suspended for a sufficient length of time
to enable the Natural Resources Management Depart.llent or a
designated consultant to assess the find and det(,rmine the
l'roper course of lfction in regard to its salvageability. The
Natural Resatlrces Management Department ....ill respond to any
such notifi-:ation in a timely and efficient ~'nner so as to
provide only a minimal interruption to any constructional
activities.
E. Detailed site drainage plans shall be submitted to the County
Engineer for revie..., No construction permits shall be issued
unless and until approval of the proposed const,~uction in
accordance ....ith the subClitted plans is granted by the County
Engineer.
F. In accordance ....ith the Rules of the South Flo::ida Water
Management District (SFWHD) , Chapters 401':-4 and 40E-40, this
project shall be de!ligned for a stOtr.l event of a 3-day duration
and 25-year freGuency.
G. The appropriate right and left turn lanes along US 41 ....ill be
constructed if and ....hen FOOT approval is granted.
H.
The shopping center
points and one fire
US-41).
aha 11
lane.
be limited to t....o major access
(lla access from the olltparcel to
1. The fire lane shall be right turn in/right turn out only.
J. The southernmost major access point shall be designed to line
up ....ith the existing median cut and street (Guilford Road).
K. All permits and site plan revielols shall be initiated at the
appropriate time.
t.. t:til1ties stipulations per their mea:o dated
December 12, 1985.
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minutes of this Board.
BE IT FURTHER RESOLVED that this resolution be recorded ir the
January 28, 198)
COllllllissioner
Voss
an!! moved it!! adoption, seconded by Corcmis31aner
f;oodniryhr
and upon roll call, the vote ....as:
AYES:
offered the foregoing resolution
NAYS:
None
COr.Jmissioners Voss. Goodnight I H;]ss~. Holland, Pis tor
ABSENT AND NOT VOTING: None
ABSTENTION: None
Done this 28th
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PU-85-23C RESOLUTION
day of
Januar'l
, 1986.
BOARD OF ZONIllG APPEALS
COLLI ER COlmTY, FLORIDA
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A, PISTOR, CHAI~~
SUFFICIENCY:
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January 28, 1986
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Corm>enc1ng nt the intercection o( th~.1I0rthel1atc::-11 R1Rht-of-\.'oy
line of U.S. 41 (Tt\mlllrui 'rron) vith the ~outheontcrly R1~ht-of-
\"",y line o! P.11t:lDrive II~ !Ihovn on thc recorded Plot of "'11lf.
GLADES" Uni t Onl.' 89 rccor~ed in PlBt Gook 10, PLq~e 02 and 83,
Colli~r County Poblic Records, Collier County, rlorids; thencc
alon!:.~Jld ~Iorthe"~tcrly R1f,ht-of-I.'I\Y line of U.5, II!, South
31J' OS' 20" East J242:oo fect to the Point of Ecginning of the
rurcel hercin dcscri~ed:
thence continue ulonZ ~a~d Right-oC-Vay line So~th
Jr:J' OS' 20" Lut 78J.I0 feet to. the 1I0rthvcnerly l1ne
of the parcel dcsc.d bed in or fical Record /'.ook EL3,
Pace 17J3.
thence alonc",old Horthve:5terly linc North 50" 54' 40"
East 1.<;&:J9 {ete to Parccl Ho. 5 a9 rocorded in O!fical
lIecord !\co\( 6'XJ, Pl'll:c fJ,4/.:.
tht'nc.e olont: the boundary o! 3nld PLJrcel No. 5 /iorth
OJ' 53' 10" SiBt lI..n !~et:
tlll,nc.e continue .:Ilone ,oid boun~ary North 35' 50' 23"
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F~st 1~7.J7 feet:
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thence continue nlon& said boun~8ry North 22" 41'
Ue~t 152.27 feet;
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thence continue nlong !lolr:! bou'l'uy Horth 37" 41' 32"
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\J~st 591.1,3 feet:
thence South 50' 51,' 40" \Jcn 696.51, feet to thc
Point of BcginnlnR.
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January 2~, 1986
A~L/
n:IDIIlC OF FACT
BY
COI.L IER COU~lTI PI-ANN UiG COl-'~'1 I S S r O~
FOR
A PROVlSrO:;AL \.:SE PETITION
FOR
~ V{- g 5" z:, e-
The folloving facts are found:
1. Section '7.21.. b (3)(C)of the Zoning Ordinance authorized the
provI.ional use.
2. Will the proposed Petition:
A. Be in cOt::pliance ....ith the Comprehensive Plan? if No
B. Provide ingress and egress to property and proposed ~ No
structures thereon with particular reference to
automotive and pedestrian aafety and convenience,
traffic flov and control, and access in case of fire
or catastrophe?
C.
d
No
Hot adversely affect neighboring properties In
relation to noise, glare, economic or odor eff~cts?
D.
~
No
Be generally compa~i~le vith adjacent properties
and other property in the di!ltrict?
Based en the above findings, thi!l provi!lional use (8hould), (....ith
.tipulattons, copy attached) (should no~) be recommendr0 f~approva
(CROSS OUT OPTION(s) NOT APPLICABLE) 4--'-/
DATE: ~// t / ~ Chairman:
I .
FindIng of Fact Member
acc,:
092 W.[
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January ?P., InR6
Tape II
Item tl
AGENDA - APPROVED WITH THE FOLLOWING CHANGE
Commissioner Voss DQved, seconded by Co.missioner Hasse and
carried unanimously, that the agenda be approved with Item 13E
regarding the status report on the court facilities, to be heard at
11130 A.M.
Item .2
MINUTES OF JANUARY 14, 1986 - APPROVED AS PPESENTED
Commiasioner Voss moved, seconded by Commissioner Goodnight and
carried unanimously, that the minutes of January 14, 1966, be approved
as presented.
Item 13
EMPLOYEE SERVICE AWARDS - PRESENTED
Commissioner Pistor presented employ~~ service awards to the
followin" people:
Ed~~rd Sny~er - quilding repartment
Frances B. Olac~ - Library
15 years
5 yea r s
Item t4
PETITIOf'l V-85-32, CIRCl.!': K CORPORATION - CONTINUED TO FEBRUARY 4, 1986
Commissioner Voss moved, seconded by Commissioner Hasse and
carried unanimously, that petition V-85-32, Circle K Corporation, be
continued until February 4, 1986, at the request of Staff.
RESOLUTION 86-9 RE PETITION PU-85-23C, DONALD A. PICKWORTH, REPRE-
SENTING GEORGE CARMICHAEL, REQUESTING PROVISIONAL USE "C" OF THE C-3
ZONING DISTRICT FOR A MOT IOU PICTURE THEATRE ON THE ~ORTHEAST SIDE OF
U.S. 41, EAST OF NAPLES TOWN CENTER - ADOPTED SUBJECT TO STIPULATIONS.
FINDING OF FACT ACCEPTED
Planner Mcr-im stated that the objective of this petiti0n is to
obtain Provisional Use "CO of the C-3 zoning district for a motion
picture theatre. She stated that lands to the north and south are
zoned C-3: lands to the east are zoned 0: and lands to the west, across
U.S. 41, are zon~d TTRVC and C-3. ~e indicated that to the south is a
shoppinG center which has K-!Iart, Super X, and ponderos.~ P.estaurant: to
the east is a ~olf course: to the south is v~cant land: and to the west
is a trnvel trailer oar~ and autonobile sprvice center. She noted that
the subj~ct pr~perty is zoned C-3 which permits a vari~ty of com~ercial
eoo( 092 W! 09
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January 2R, 1986
usea, including shopping c~ntpr.. ~nd the reouested provisic~al use
will permit a motion pictur~ thp~tre to be located within the proposed
shopping center on the subject property. She reported th~t Section 13
of >he Zoning Ordinance states th~t before the Planning Commission
shall rccommend approv~l of any provisional use it shall first
det~rmi, ~ that 9atisf~ct()ry provision nnrl arrang~~ent has heen made
corcerni~g the general compli~nce with the Comprehensive Plan; ingress
and egrcss to the property and proposed structures; the affect on
nei~hhoring properties in relation to noise, glare, odor and economic
effccts; ~nd the ~c'eral compatihility with adj~cent propertieD. She
stated that in rr.l?tion to thc is~ue of ingress and egress, ~~e site
plans shows three points of access, one fire lane and two ~aj~r
accesses to the shopping center. She stated thnt the number ~f access
P?ints are critical to the proper functioning of both the Shopping
centcr and U.S. 41 as too few C~ too many access point~ increase the
ris~ of ~ccir.cnts. She indicated that the three accesscs proposed seem
adeauate to meet the npeds of this shopping center and, in addition,
the par~inq are~ will te connected to Naples Town Center, which has
four access points on US-41 an~ one onto Glades Rlv1. She stated that
Staff and all appropri~te County agencies reviewed this petition and
recommended approval subject to the stipulations outlined in the
Executive Summary of 1/2rjAf which consist of the four stan~nrd EAC
st i ru la t ions. ~r.'P\!J' s s t'3 nd", r1 st ipu la t ions i nc 1 ud i ng the SFl'7"-ll'
regulations and four t~~ffic stipulations as wcll ~s the stipulation
that all permits ar.1 site plan rcviews shall be initiated at the
aprropri'3te ti~e. ~hp note~ th~t the Utilities stipulations are also a
p~rt of the stipuletions. Sh~ statcd that thc CCP~ held their public
llearing on 1/16/"6 and undni~ou9ly recommended forwardinq this petition
to th~ ~o~rd for a~rrQv~1 suh;ect to staff stipul~tiQns. :.he reported
that one letter o! onposition was received concerned bright lights,
traffic and noise. nn~ no onr spoke fot or against th~ petition ^t the
public; heilrinq. She noted th'lt the Petitioner's ugent, ~~r. Pic~worth
discussed the limitations of access to the subject property and the out
parcl!l. but /lr. Pickworth did not siern the a<:.'recmerlt sheet, and
therefore, the stirulations hbve been added to the resolution. She
concluded hy st~tinn that the recommendntion is for ap~roval ~cbject to
ccpe's recommendation with Staff's adrtitconal stipulations as indicated
above.
Commissioner Pistor indicated that there have heen renuests for
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J~nuary ?P, l~R~
stop li'}nt5 ~t tne 'liipl~5 Town., Center sho!:,pin,? Cf'nt"r. Ii!' '1\.,'!sti"ne'l
if thore are any provisions that would in~icate that tho fire lane
could not no us~~ ~s an acc~ss point by th~ ~'!n"ral public?
r'l.'1nner :1crim _'iltN! t'hat the fire lan" will bl! open to (he
soncra! public as well a5 to provir.c access for the fir~ lan".
Co~"is5ion~r pistnr Questioned if th~ acceS5 that lines up with
the m,?,ji"n cut could b~ the only access, to which rlilnnor licKlm stater)
that thi~ .1eCeS!; '''Gut" he th~ "'iljor one. Shr~ note,l that such ;"l
stipulation woul,j hay. to b~ inclu~ed in th~ !:,rovisionill use.
Commission~r Hntla~tl stilted that the ccrc is rccom~l!ndin~ thre~
accesses, addin9 thnt ho has il hard time tryinn to justify on" entrance
for tne amount of peopl" that would be goinq in ano out of that
shopping center. He stated that this could he a major safety f~ctor.
Commi~sioncr Pi5tor stated that the exits ilre necessary, but there
is II h.lzarn there alre.'1"Y with p!'ople tryina to gl!t in and out of that
shoppina center. He noteo that if three more acccsses are adie~ within
a qUilrtcr of a mil~. there is going to be a problem.
<:ommi59ioner l{()ll.'n~ st>\t",n th"lt therc i.. only one cut through the
median. SO the balance of the traffic will have to 00 north w~en they
come out of the shopping center.
Commissioner "istor indicated that som~ people cut out and
immediat~ly cross over the lane9 to get into a turn l~n~ at tl1e ~~dian
cut so they can turn aroun1 an~ ~o south, which crcates a pro~leM.
Commissioner P.olland stated that therE' shoulrl be "rro U-'!'llrn" signs
put up at tnose median cuts ann questionerl if so~ething could be done
<ihout that, to w"lich puhlic Works Aoministriltor Kuck stated that it is
so~ething that ~ould have to be handled by DOT as the County cannot put
U? "No U-Turn" signs on U.S. 41.
Attorney Pickworth stated that as far as the entrances and exits,
the site plan conforms with >that is in the recommendation, wnlch is
that there be no separate access to the out parcel onto U.S. n. He
stated that after conferring with hi. client, he indicated th~t he
would concur with that in this instance.
Com~issioner Pistor questioned if tnere is any agrcement to sign
the stipulations that werc specifie3?
Mr. Pickworth stated that in this particular instance ri1ht now,
he can a~ree to those, but one of the prG~lems that he has is that the
stipulations tha~ are heinG requested are the kind of things that would
be workc~ out as part of the site development plan, which is jone at
&OC~ 092 <:r,! 11.
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aDZ FP 12 Janu"ry 2e, 1981)
the point when enqineerin? is to be started. f1~ !!tl.lt'!!<l that he is
simply ~g~ing for ~ rrovision,,) U8~ for the theatre ~t :his ~~int,
noting thl.lt the sit~ clev~lop~ent plan still has to be r~view~d. He
statec that is why he was reluctant to sign the stipul~:ions at this
point in the process; he i9 taking the risk that all of thes('
stipul~tionn are going to turn out to he accept~ble and not unduly
hamper the project: and. if the petitioner decided to sell this
p~operty as separate parcels, there would be many ~ore aCCe!!EClI.
County Attorney S~under5 stated that he has a little pr0hlem with
the comment that the Petitioner agrees now with the stipulation!!, with
the implication that ll.lter on :hey may not aqree. ~e stated that if
these things are to be made part of the provisional use that should be
part of the docu~ent anc they should be a condition for granting of the
provisional use, adding that if Mr. Pickworth's client is not agreeable
to them thl.lt is something that the Commission should consider.
Mr. ric~worth stated that he indicated on the record thl.lt he
agrees to the stipulations, adding that everyone that comes before the
County has the right to later petition the ~oard for relief ~nd the
Board WQuld ml.lke a d~cision and that was all that was mel.lnt by that
comment. Pe stated that his client, li~e everyone else, hl.ls that
right.
County Attorney Sl.Iunclers stated that he hl.ls no problem with that
clarification of it, adding that the Petitioner recoQnizes that he will
be bound by the t~rmg and conditions of the provisional use and he will
have to petition the no~rd for a change of those terms.
~r. pickworth stated that he understan~s that, which is ~hy thebe
stipulations are ta~en very 3criously and loo~ed at very carefully.
Commissioner Voss moved, seconded by Commissioner Hasse and
carried unanimously, that the public hearing be closed.
Co~mi8sioner Voss moved, seconded by Commissinner Goodnight and
carried unanimously, that Resolution B6-9 re Petition PU-85-23C be
adopted subject to Staff stipulations.
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