Resolution 2005-132
RESOLUTION NO. 05- 132
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR TIll, ESTABLISHMENT OF AN
ESSENTIAL SERVICE CONDITIONAL USE IN TilE
VILLAGE RESIDENTIAL (VR) ZONING DISTRICT
PURSUANT TO SUBSECTION 2.0I.03.G.3.a. OF TilE
COLLIER COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 2004.41), AS AMENDED, TO ALLOW
FOR A COMMUNITY PARK AND TO PROVIDE PUBLIC
ACCESS TO A BOAT LAUNCH FACILITY FOR PROPERTY
LOCA TED IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE
27 EAST, 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 Land Development Code, as
amended, (Ordinance No. 2004-41) 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 Board of Zoning Appeals (Board), 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 an essential service
conditional use pursuant to Sunsection 2.01.03.G.3.a. of the Collier County Land Development
Code, as amended, in a Village Residential (VR) Zoning District for a community park and to
provide public access for a boat launching facility on the property hereinafter described, and the
Collier County Planning Commission 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 1O.08.00.D. of the Land Development Code, as
amended; 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:
The petition filed by Dominick Amico, P.E. of Agnoli, Barber & Brundage, Inc.,
Page I of 2
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representing Collier County Board of County Commissioners with respect to the property
hereinafter described as:
Exhihit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved tor an essential service conditional use pursuant to
Subsection 2.0I.03.G.3.a. of the Collier County Land Development Code, as amended, in a
Village Residential (VR) Zoning District for a community park and to provide public access for
a boat launching facility in accordance with the Conceptual Master Plan (Exhibit "C") and
subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super-majority vote.
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Done this ;:) -'"\ day of !?U / J I' ,2005.
BOARD OF ZONING APPEALS
::LLJER ~;;;o~~
FRED W. COYLE, CHAIR N
ATTEST:
DWIGHT E. BROCK, CLERK
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Approved as to form aha
Legal Sufficiency:
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Marjorie M. Student'
Assistant County Attorney
CU-2004-AR-6278/RBlsp
Page 2 of 2
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
'.. FOR" 'm m_._
CU-AR-6278
The following facts are found:
I. Section 2.01.03 (a) of the Land Development Code authorizes the conditional use.
2. Granting the conditional 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 Land Development Code and Growth Management Plan:
Yes-L 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 noise, glare, economic or odor
effects:
~ affect or Affect mitigated by
- -
_ Affect cannot be mitigated
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D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesL. No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval. ApnO)tJ.J
DATE:
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CHAIRMAN:
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EXHIBIT "A"
DESCRIPTION (PROVIDED BY CLIENT)
EXHIBIT "B"
A PARCEL OF LAND BEING A PORTION OF TRACT I, AS SHOWN ON BUT NOT A
PART OF THE PLAT OF GOODLAND ISLES SECOND ADDITION, AS RECORDED IN
PLAT BOOK 8, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID
GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 15011 '20" EAST 390.48
FEET; THENCE SOUTH 72015'19" EAST 128.00 FEET; THENCE SOUTH 13050'44"
EAST 180.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 1;
THENCE 28.70 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST, RADIUS OF 100.00 FEET, CHORD BEARING NORTH 51023'18" EAST
28.60 FEET; THENCE NORTH 43010'00" EAST 250.00 FEET; THENCE NORTH
12020'20" EAST 381.83 FEET; THENCE 87.47 FEET ALONG THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, RADIUS OF 50.00 FEET,
CHORD BEARING NORTH 37046'41.5" WEST 76.74 FEET; THENCE NORTH 87053'43"
WEST 66.88 FEET; THENCE 162.41 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, RADIUS OF 1365.08 FEET, CHORD BEARING
SOUTH 88041'47" WEST 162.31 FEET; THENCE SOUTH 85017'17" WEST 201.52 FEET;
THENCE NORTH 18012'43" WEST 87.42 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF PALM AVENUE; THENCE SOUTH 85017'17" WEST 10.28 FEET; THENCE
SOUTH 74049'12" WEST 60.08 FEET TO THE NORTHEAST CORNER OF SAID LOT 33,
BLOCK F; THENCE SOUTH 18012'43" EAST 96.75 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 33, BLOCK F AND THE PLACE OF BEGINNING;
PARCEL CONTAINS 5.22 ACRES, MORE OR LESS;
BEARINGS ARE BASED ON THOSE SHOWN IN PLAT BOOK 8, PAGE 19 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO A 30' WIDE ACCESS EASEMENT, LYING 15 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE;
FROM THE POINT OF BEGINNING OF SAID CENTERLINE OF THE SOUTH LINE OF
PALM AVENUE AS SHOWN ON SAID PLAT OF GOODLAND ISLES SECOND
ADDITION, SAID POINT LYING NORTH 74049'12" EAST OF, AND 20.10 FEET FROM
THE NORTHEASTERLY CORNER OF LOT 33, BLOCK F, SAID GOODLAND ISLES
SECOND ADDITION, RUN SOUTH 150 II '20" EAST ALONG SAID CENTERLINE FOR
496.81 FEET TO THE POINT OF ENDING OF SAID CENTERLINE.
W -02-0023G.DES/04/PN8363
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CONCEPTUAL SITE PLAN
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CONDITIONS OF APPROVAL
CU-2003-AR-6278
I. The conditional use is limited to what is shown on the conceptual site plan, identified as
"Goodland Park Conceptual Site Plan," prepared by Agnoli, Barber and Brundage, Inc,
last revised July, 2004. The site plan noted is conceptual in nature for conditional use
approval. The final design shall be compliance with all applicable federal, state, and
county laws and regulations.
2. The petitioner shall provide sidewalks on one side of the on-site entry driveway at the
time of Site Development Plan (SOP) review.
3. The petitioner shall provide an Environmental Impact Statement (EIS) at the time of site
development plan review unless it can be demonstrated that the project qualifies for a
preferred rating under the Manatee Protection Plan, which would allow for a waiver of
the EIS to be granted.
4. The petitioner shall provide an exotic vegetation removal, monitoring, and maintenance
plan for the site, with emphasis on the preserve areas, which shall be submitted at the
time the site development plan is submitted for review.
5. The petitioner shall provide a Manatee Awareness and Protection Plan for review and
approval at the time of site development plan review.
6. The petitioner shall provide the final details of all utility designs and documentation that
water service can be provided to the site at the time of site development plan review.
7. The petitioner shall provide a landscape plan consistent with Section 4.06.00 of the Land
Development Code. This landscape plan will be coordinated with the County landscape
architect at the time of site development plan review.
8. Approval of the conditional use conceptual site plan shall not exempt the petitioner from
providing storm water calculations signed and sealed by a Florida registered professional
engineer and a narrative explaining how the proposed system will work. In addition, the
required elevation information shall be provided at the time of submission of a site plan
for review to demonstrate compliance with the site FEMA flood zone.
9. At the time of site development plan review, the petitioner shall provide the final details
of the cell phone activated signage.
10. The community park and boat launching facility shall be limited to a maximum of 75
boat trailer parking spaces and a maximum of 21 regular vehicular parking spaces.
Exhibit D