Resolution 2003-175
178 ~
RESOLUTION NO. 03- ...lli
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "26" FOR GOVERNMENTAL FACILITIES
AS AN ESSENTIAL SERVICE IN THE "Au RURAL
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3.26 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 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 (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 26 of
Section 2.2.2.3 of the Collier County Land Development Code in an "AU Rural Agricultural Zone
for essential service governmental facilities 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:
The petition filed by Vincent A. Cautero, AICP, of Coastal Engineering Consultants,
Incorporated, representing the Collier County Board of County Commissioners, with respect to the
property hereinafter described as:
Exhibit "B"
be and the same is hereby approved for Conditional Use 26 of Section 2.2.2.3 of the Collier County
Land Development Code in the "A" Rural Agricultural Zoning District for essential service
goverrunental facilities 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.
1 7 a,Jifl
Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Done this
/3
day of
This Resolution adopted after motion, second and majority vote.
,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
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arj~. Stuoenf
Assistant County Attorney
CU-2002-AR-3486/RBIsp
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178
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-3486
The following facts are found:
1. Section 2.2.2.3.26 of the Land Development Code authorized 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 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 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:
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes vlNO
Based on the above findings, this conditional use should, with stipulations, (copy attached)
~ be recommended for approval
,-
DATE:
f., 3 i 0 ~
CHAIRMAN:
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EXHIBIT 1IA"
178
LEGAL DESCRIPTION
Section: 02
Township: 49
Range: 25
Lot:
Block:
Subdivision: 100
Plat Book 965
Page #: 849
Property I.D.#: 492505 012.0004A02
Metes & Bounds Description: From the Southeast comer of the North 1/2 of the North 1/2 of
the SE 1/4 of Section 2, Township 49 South, Range 25 East, run North 60 feet for the Point
of Beginning; thence West 1,320 feet, then North 330 feet, thence East 1,320 feet, thence
South 330 feet to the Point of Beginning, less the East 100 feet thereof conveyed to the State
of Florida for road purposes, COLLIER COUNTY, FLORIDA.
Size of property: 230 ft. X 305.88 ft. = Total Sq. Ft.
Acres Approximately 1.62 for impacted area. Total site described above is approximately 9
Acres.
Address/general location of subject property: 2387 Orange Blossom Drive, Orange
. Blossom Drive and Airport-Pulling Road (CR-31)
EXlllBIT "B"
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Exhibit "e"
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17B
CONDITIONS OF APPROVAL
CU -02-AR-3486
a) The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of 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, of the Collier County Land Development Code.
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.
EXHIBIT "D"