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Agenda 06/10/2008 Item #17B .L\genda Item No. 176 June 10.2008 Page 1 of 45 ,- EXECUTIVE SUMMARY CUE-2008-AR-12816, Agnoli, Barber & Brundage, Inc. representing Collier County Public Utilities Engineering Department, requesting a one-year Conditional Use Extension for a master pump station in the Estates Zoning District as allowed pursuant to Section 10.08.00.E.3 of the Land Development Code (LDC). The subject property, consisting of 1.65 acres, is located on the south side of Immokalee Road (C.R. 846), less than Y, mile west of Wilson Boulevard, more particularly described as a portion of Tract 84, Golden Gate Estates, Unit 20 in Section 28, Township 48 South, Range 27 East, Collier County Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) approve a Conditional Use Extension (CUE) for a Conditional Use in the Estates (E) Zoning District. CONSIDERATIONS: The Collier County Master Pump Station Conditional Use was originally approved by the BZA on April 26, 2005, by Resolution No. 05-171 (see Exhibit "A-\" to the attached Resolution). The approval permitted the Collier County Public Utilities Engineering Department to construct a master pump station at this location as part of the East Area "B" Future Orangetree Sewage Treatment Improvement Program. As depicted on the site plan (see Attachment 1) included in the attached original resolution, the subject property is mostly wooded, while the access to the master pump station and parking area is from Immokalee Road. A six-foot high wall will be constructed around the master pump station. The site is to be buffered on the north side by a "Type D" landscape buffer, and a "Type C" landscape buffer on the east, south and west sides. Forty-eight percent (.8 acres) of the property will be left for native vegetative preserve. Per Section lO.08.E.!. of the Collier County Land Development Code (LDC), Conditional Uses automatically expire three years from their date of approval if activity on the project has not commenced. According to the petitioner, they have been working with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers (ACOE) on the environmental permitting concurrently with the Site Development Plan (SDP). No construction was undertaken on the site due to permitting delays with federal and state agencies. thereby causing the subject Conditional Use to expire on April 26, 2008. Nevertheless, Section lO.08.E.3. of the LDC permits the BZA to grant a maximum one year extension ofa Conditional Use upon written request of the petitioner. The original Conditional Use was approved by the BZA based upon the following criteria, pursuant to LDC Section 10.07.02.D: . The proposed change was deemed consistent with t.l-te Growth Management Plan (GMP) and the LDC; . Ingress and egress to the property, with particular reference to automotive and pedestrian safety, convenience, traffic flow, and access in case of fire or catastrophe was addressed; __ . The potential effects of noise, glare, economic or odor effects were mitigated; and . The proposed land use was compatible with the existing land use pattern. CUE-2008-AR-12816, Collier County Pump Station 1 of3 it9m No. 1.73 June 10. 2003 F'ags 2 of::5 As the area surrounding the subject site has remained unchanged since the original approval, the subject Conditional Use remains consistent with the GMP and the LDC. Furthermore, all issues relative to access, impacts and compatibility that were addressed at the time of the original approval and made subject to various stipulations would continue to be carried forward with approval of this CUE. FISCAL IMPACT: This petition for a Conditional Use Extension is only for one one-year extension of a conditional use for a master pump station in the Estates Zoning District. No additional floor area or an increase in intensity is proposed. Therefore, this petition by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property received conditional use approval. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Gro'wth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 1O.02.07(C) of the Land Development Code, fifty percent (50%) of the estimated Transportation Irnpact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMP ACT: The subject property was acquired by Collier County as right-of-way (ROW) for the widening of Immokalee Road. With regard to the Future Land Use Map and future land use designations of the Golden Gate area Master Plan (GGAMP), the subject property is currently within the Estates Designation, Estates-Mixed Use District, and Residential Estates Subdistrict. Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16, govern new conditional uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.14 requires conditional use requests to be consistent with the guidelines outlined in the conditional use description section of the plan. Policy 1.15 requires all conditional use requests to be approved by the Board of County Commissioners by a Super Majority (4/5) Vote. Policy 1.16 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. CUE-2008-AR-12816, Collier County Pump Station 20f3 p,::enC::a !tsm ~'b. 173 ~ June ~ O. 28U3 3d!;5 The locational criteria for conditional uses within the Conditional Uses Subdistrict of the GGAMP are divided into five (5) sections, lettered a through e. Section 'a' provides criteria for essential services. There are nine (9) types of essential services that qualify under this section. One of these is "major re-pump stations." The same language is contained in the LDC. Staff interprets a "master pump station" as being equivalent to a major re-pump station. Both the GGAMP and the LDC are silent as to whether the major re-pump station refers to water or wastewater use. However, staff believes that the referenced language would allow either type of pump. Therefore, staff finds that a master wastewater pump station is a type of essential service allowed within the Conditional Uses Subdistrict of the GGAMP. As to locational criteria, section 'a' of the Subdistrict (within the GGAMP) states that such "Essential Services Conditional Uses" "may be allowed anywhere within the Estates Zoning District". Based upon the above analysis, staff concludes the proposed conditional use may be deemed consistent with the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan. TRANSPORT A nON IMPACT: No outstanding transportation issues are associated with this petition. The Average Annual Daily Trip (AADT) anticipated by Stafffor this master pump station is less than one trip daily. ENVIRONMENTAL IMPACT: There are no outstanding environmental issues associated with this petition. As shown in the approved Conditions of Approval, at the time of SDP review, the applicant will be required to provide a SFWMD jurisdictional determinations, a principal structure setback of 25 feet from the preserve boundary, provision of the required preserve area, and the provided preserve area shall have a minimum width of 20 feet. LEGAL CONSIDERATIONS: No legal issues are presented by this Application. Approval must be by supermajority vote. - JAK RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve CUE-2008-AR-128l6 in accordance with the attached Resolution and Exhibits hereto to permit a one-year extension of the Collier County Pump Station Conditional Use until April 26, 2009. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Zoning and Land Development Review ATTACHMENTS: Attachment 1: Pump Station on CR 846 East of CR 951 Conceptual Site Plan, dated May 2004 CUE-2008-AR-128 J 6, Collier County Pump Station 30f3 CD CO lr) I,,-'='-:::t "~O...... NO 07 -.,..... (J) :=(J)D"l ill c m ::::::::Jo.... ",-' "0 C Q) en <( " Z " OWU -'0<( S-lJl cocntu b C/J '" - - T ~~-=-~ ~ rJ~~:~~~:;:3~~'O;~= ~ -"! -- I I ' , I I \1 ~z: I I I \ ,,': ~~L-Y:i : I I Z ~ I zffi I . 151-0' > I I : =(5:li--j : ~ "I I ~~~~ I I O~U I I ~LL~ I I_=~~-L--I · j t- \ ~ ~ ffic:::t!J I ~ , I ~a:::~ I en ffi \ I J:zQ.<r I ~ I u.. I ~o-'~ "-I '"~;;'a \ I . :) I ~::E s: w ,ID I' I'" 0, w ,~ I z I ~ ~ I 0 I ID I in \ ~~ I ~ I .,... ~ !;;: tLi Q. I 0 :', h Z\~I II~ I , '""' I ' :I ! \ I" I \ I I I I 1 ~Z' 1 'I r:, ~Q I I i II : ~V · L i :-----~l~~-=~ ~ I _ _ _ _ _ -L _ _ _ _ _ +-H::l~~:^:,~ _ _ ----L- _ _ !' :i II ili! I I ! ! g ~ ~ ~ < i I i ~'"""'.'. . . 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Ii. ~ 5J ~;: I>;l ~e3 E; g~ ~ ~~ ~ ~ ~ ~ 8 ! - - c:: Q) E ~ (,,) ~ <( ~ 8 ~ 8 I 9 . ! . . , , Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS 178 Page 1 of 2 ,L"JenCB It8m hlo. 178 - J'Jn8 10. 20Cl8 ?age 5 of 45 This Item requires that all pa~tlclpants be S'Norn in and ex parte disclosure be provided by Commission members CUE-2008-AR-:2816 Collier County PubliC Utilities Engineering Department. represented by Larry R_ Hart-is of Agnoli Barber and Brundage Inc., requesting a one year conditional use eytension from I\pril 26, 2008 until f.\priI26 2009 for a pump station located south of Immokalee Read less tr.an 1;'2 mile west of Wilson Bouievard, in '::?'olden Gate Estates Unit 20, In Section 28, Tovvnship 48 South, Range 27 Eas~, Coiller County Fiorida 6/10/2008900:00 AM Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Date Approved B~' Norm E. Feder, Ale? Transportation Services Zoning & Land Development Review 5/13/20085:41:06 PM Approved By hjrck Casa!anguida Transportat!on Services Transportation Division ,l..dministrator Date Approved By Judy Puig Community Development & Environmental Servic:.es Transportation Se:o-vices Admin. 5115/20087:29 AM Approved By Sl:&arl Murray, AICP Community Development & Environmental Servrces IVtPO Director Date Approved By Ray BeJiows Community DevelojJment 8. ::.nvironmental Services T;-ansportation P:anning 5/16/2008 lC:46 AM Approved By Joseph K. S;:;.hmitt Community Development & Environm:=:ntal Services Operatior.s Ana!yst Date Approved By Community Development & 5,'16:20084:31 PM file://C:\AQendaTest\Fxn011\ 1 09-.Iune%201 O.%20200R\ 17,'y',20SI !MMARY%20AGFNDA\ 1. Environmentai Services /.,c.r"in. Z-oning & Land Development Dirc:cior Date Zoning & Land Deve!-:lpment Review 5/28t200e e:52 AM Chief PlanOl.er Date Zoning & Land Development Review 5/28!20ClB 9:18 AM Communit~1 Development 8. Dote E:nvironmental Sen.-i(.es t"dminstratClr Communrty Oeveroj)ment & E~vimnmental S2rvices t.cimrn. 5/28/20087:55 PM 1i/4/200R Jeff Klatzkow County Attorney Page 2 of2 t,aenda Item No. i 73 ~ .June 10,2008 6 of 45 Assistant County Attorn'o'Y Date County Attorney Office 5f29/20DS 2:12 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 5t30/2008 8:41 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 5:30120088:58 AM Approved By .James V. Mudd Board of County Commi~sione!"s County Manager Date County Manager's Office 6/2/20086:29 PM file:/IC:IAgendaTestIFxnortll 09-June%20 1 O.%20200RI 17~%20S1 IMMAR Y%20AliFNDA I I. ti/4000R , roLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET (i) ,.c',;jSnG3 Item No. 173 June 10.2008 2800 NORTH HORSESHOE D'AA\1IE 7 of 45 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR CONDITIONAL USE EXTENSION LOC 1 O.08.00.E.3 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ CUE-2008-AR-12816 REV: 2 CC PUMP STATION ON CR 846 EAST OF CR951 PROJECT: 2004040059 DATE: 3/25/08 DUE: 4/8/08 ] A80VE TO BE COMPLETED 8Y STAFF PROJECT INFORMATION ORIGINAL RESOLUTION NO.: 2004-AR-6090 DATE APPROVED: APRIL 26, 2005 PROJECT NAME: COLLIER COUNTY PUMP STATION CR 846 APPLICANT INFORMATION NAME OF APPLlCANT(S) COlLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT ADDRESS 3301 TAMIAMI TRAIL E CITY NAPLES STATE FL ZIP 34112 TELEPHONE # 530-5335 CELL # FAX # 530.5378 E-MAIL ADDRESS:SRIDHARSANDY@COlLlERGOY.NET NAME OF AGENT MATTHEW D. MCLEAN, AGNOLl, BARBER & BRUNDAGE, INC. ADDRESS 7400 N. T AMIAMI TRAIL, SUITE 200 CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 597-3111 CELL # FAX # 566-2203 E-MAIL ADDRESS:MClEAN@ABBINC.COM Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in complianc:e with these regulations. APPLICATJOl\' .'OR CONDlTIO:'\'AL LiSE EXT - rev. 9120/04 .' I' PROPERTY lOCATION .p,genda Item ~~o. 17B June 10. 2008 t'2.ge Ci ~f 45 Detailed leaal descriation of the Droaertv covered bv the aaalication: attach on separate page.) (If space is inadequate, NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 28/48/27 lot: Block: Subdivision: Plot Book 7 Page #: 80 Property I.D.#: 37595380004 Metes & Bounds Description: See ottoched Description, in Exhibit B of Resolution 05- 171. Size of property: 217Ft. X 330 Ft. = Total Sq. Ft. 71,874 Acres 1.65 Address/general location of subject property: The subiect property is locoted south of Immokolee Rood less thon '/2 mile west of Wilson Boulevord. No Site Address hos been estoblished for the property ot this time. Application Fee: $3,000.00 Make check payable to: Board of County Commissioners Be advised that Section 10.03.05.B.3 of the land Development Code requires an applicant to remove their public hearing sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. APPLICATION FOR CONDITlOi'olAL USE EXT - rev. 9/20/04 . ilsm f'.b. 'i73. .)'~!ne 10.2009 ;::'3;]9 9 of 45 (i) AFFIDAVIT We/I, Roy B. Anderson,P.E" Director, Public Utilities Engineering being first duly sworn, depose and say that we/I am/are the owners ollhe property described herein and which is lhe subject matter ollhe proposed heoring; lhal oil lhe answers to the questions in this applicalion, including the disclosure 01 inlerest inlonnalion, all sketches, dala, and other supplementary matler attached 10 and made a parl ollhis app/icalion, ore honest and lrue 10 the besl 01 our krrowledge and beliel. We/I undersland lhat the informalion requested on this applicalion musl be complele and accurate and lhat lhe conlent oflhis Iorm, whelher compuler generated or County printed shall not be allered. Pub/ic hearings will not be adverlised until this application is deemed complete, and all required inlonnalion has been submitted. As properly owner We/I furlher autharize Agnoli, Barber & Brundage, Inc to ael as our/my representative in any mailers re!1arding lhis Petilion. ~ '415~'f. Si!11J011Jte 01 Properly Owner V r\//A. Si!1nalure 01 P';";...rly Owner Roy B. Anderson, P. E. Director, Public Ulilities Engineering Typed or Prinled Name 01 Owner Typed or Printed Name 01 Owner The Ioregoin!1 illSlrumenl was acknowled!18d belore me this 1~ day o~.." "-N, , 20.QL hy ~ 1:1 A ""1,, v "'..... who is ~rsonolly known 10 me or has prJJ;.,ced <l. as identiHcalion. Slale 01 Florida County 01 Collier ~~('~~ (S~nature 01 Nolary Public - Slale 01 Florida) ~Y:':!r. BARBARAANNOLKO ~.A' MYCOMMISSlONilDD411183 'tOF1I.tl~ EXPIRES; Mlt.:U.2009 !(01)SOO-OlG3 FloridaN~~eom (Prinl, Type, or Slamp Commissioned Name 01 Nolary Public) APPLICATION FOR CONDmONAL USE EXT - .-ev. 9120104 PROJECT: Aree B Booster Station FOLIO: 37595380004 -'--'--- -- ---'--.t:.genaalfem',c. 17B 3202061 OR: 3315 PG: 28~Jne 10, '008 UCOIIIU II OIllCIlIIItllIII.t tQUlD ~F'itge 10 f 45 1l/ll/llIl .111:1711 IIIIIT I. 1IOCI, CIIU alii 1I1l1." oem II." lot". 11 m." OOIIU I." P".P&rM b,: (\1.... 1. thMwtll. hlltltr' Offtce of tM COUfttJ AtterfttJ 3301 hit r.'IIl' Trill Klpt'l, flort41 34112 (IMII 714-MlO WARRANTY DEED IOU: pm ImlOnICI THIS WARRANTY DEED is made this ...xC: day of ~ ' 2003, by KATHERINE CREVIER and her husband ROBERT C. CREVI R, SR. as JOInt tenants with full rights of survivorship and not as tenants in common, (hereinafter referred to as "Grento!"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX.OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, whose post oHice address is 3301 Tamiami Trail East. Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms 'Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives. successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration. receipt whereot is hereby acknowledged. hereby grants. bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida. to wit: See AttaChed Exhibit "A" wh!<;h isjo.l<orporated herein by reference. /~\:'0R co"""i"l'" Subject to easem~"'" ~ctlOn!t,-an.d\rii&e.rvations of record. /tC/ "''< L". ; thiS'f.s..wt.hQmestead pro~"rty \. TOGETHER with J i~. ~~r~.~. .J.d appurtenances thereto belonging or in anywise i,~-i!:ti~~CLi i . \ If-) TO HAVE AND TO ~~ me same in \efjlimp '7l" 'r. ..-:<"\ :ll< /~ AND the Grantor here@~venants with sal'$.~. ;., that the Grantor is lawfully seized of said land in fee simPlr,-Jl1al.lhe Granto!)l~.9Od right and lawful authority 10 sell and convey said land; that 1t{@ ~l!rJtoflWill!>\'Jill1y warrants the mle to said land and will defend the same againstlhei8wlill'~lilin;rof all persons whomsoever, and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above Written. /.' - I ( ''--/. ,) ~/ , j.l,j~ ' , -( " /..; Witne . (Signature) Name: (~p~~(o;' ~~~~)1- h '"'7"-.. ""-~...[' ....1 ""_ Witness (Signalurer Name: "5I-\AAMAu 1lQ('.rFtC.. (Print or type) ~. 1 . ,id." (\.1((((" Katherine Crevier 391 24"' Avenue NW Naples, FL 34120 'lilt. _YMCI ACCpftO IY ,. __ Of" CQIIlT'f tGMISSt-.s COLLlI' ~ 'L.IDA. . PUISIIMf 'Ill __ OATIII W -I 0 -0--\ iftac 10. IG..~ (" \ .~ CUE-2008-AR-12816 REV: 2 CC PUMP STATION ON CR 846 EAST OF CR95] PROJECT: 2004040059 DATE: 3125/08 DUE: 4/8/08 I I -- ------l\Clenc'ra-i:eiT: \10 17B OR: 3315 PG: 2831 June 10, 2008 ?age11 Jf:i5 / . /} (Signature) [~~~;)6; ~;P:( i3 ./~~ URo . 'r,Sr. 391 24th Avenue NW Naples, Fl34120 oe::i... _ \J __C2A Witness (Signature) NBme::""tW...........,.u vr.t..rit.. (Prlnt or type) STATEOF ~O~:_ COUNTY OF OJ D - . The foregoing Warranty Deed was acknowledged before me Ihls ~day of "'"' - ;. , 2003 by ~atherlne Crevi~r, who is personally known to me or who has ,reduced b_= ~u j. ............ as identification. (affix notarlal seal) (~~;~;-oi~t:rY ~b~- _A._ ./_.---::--~-""~6.D__&....I. d. "A.i'_RI:L "'............-. /;".\.. \,t;c R ~ittM 114..... of Notary PubNc) -"=!~;':::~, 0/ NOTAFf:(!lJ;l8UC i . ( ,--_SerlallC~IMionll.:(If.anY)~"-:Joo"'" . ,/ ,,,- ~ My. Commi~1orI Expires. ., STATE OF .. ~ I I ~ \.-:" , \ \ la, - 0' COUNTY OF (.<>0' --I /("';(1'7\\ 'J"'D. ~~' \. !\ . I)) 1-- . "( !. 1 The foregoing w.;f;,;\Y'~1v8S' IICkil'p . l :~Iore me this ~ day 01 "'- iI ' 209~ by Robert C. C~,Sr./.\l!l'\O is personally known to me or who har produced~ . '. ;r .;;, j-t:.. - as IlfenliliCallOn. \, (," ~/. "--'// 'J/--", ~\ /,,-\. ,J A " (affix notarial seal) -"-<:.' 1'}:'I'::- --~H.l.~~~:--':' "' "1f" -<.c.((SljjPlIlIire of Notary Public) (~~~N';;;e-~ No~ry "f.~~1\ NOTARY PUBLIC SerlallCommisslon II: (il any) ),,,,DC,, ,q My Commission Expires: I." . tn _A_ IIY_....""", -_....,.... ......"-:...... l- I hge;loCi li8iTll\jO.1 D ttl OR: 3315 PG: m2r~~~ Exhibit "A" Property described as the following: Tract 84, Golden Gate Estates, Unit No. 20, as recorded in Plat Book 7, Page BO, of the Public Records of Collier County, Florida, less the Southerly 594.44 feet and less the Northerly 79.43 feet for Right of Way as described in OffIcial Records Book 3159, Page 184 of the Public Records of Collier County, Florida, and as described by Tax Identification Number 37595380004. Containing 1.65 acres more or less. LESS the southerly six inches (6") of the above referenced property. ---..------.. ~\:\s~i:QI~ , ('1:\'>/ )>J~ /c..~;;/ ~\ , r" \ ,,) / .'-- I \~" }k ':;i / \7\ .,~~ I /0/ \1-' '-)/(. / " r~ ,/,< I ,'Jr." ./0/' '> .... /. .,...------- . "\.." "',~2fE CIV..S ,,' -.----- ~Q" ~~' ~ itsm No. 1iS .June 10. 20G8 Page :3 of':;5 OOLLIE!< COUNTY aOVERNMi=NT ADDRESSING DEPARTMEN1 (i) 2BOO NORTH HORSESHOE DFWE NAPLES, FLORIDA 34104 I ADCilR!SflNG. C:HEC"~I$T Please complete me fallowing an~ fax ro the A~dre...lng Department Ql 239-659-5724 or submit In persgn to tne AdorClHlng Dep8rtment at thIl ebove addres.. Form must be signed by Addressing personnal priar 10 pre-applicaticn meeting. Not "'I iiams will apply Ig every project Items in bold type are required. FOITTl!l cider than e months will require additional review and app"'v"" by till! Adore..lng o..par1mont PI:l1TION TYPE (_ p"1i#on ~ below, compIvts " sopllnJte AQa/8ooing Cheolrfiof for Hell F'sli/lon Type) o 5L (Blasthg Permit) 8 eo <_t Ooek ExtensiOn) C.rnlYaVCj~U$ Perm~ 8 cu (CondttlollllllJse) EX? (Excava~cn Pem1~) FP (Final Plat D LLA (L.cl Line AdjuS1ment] 8 PNC (Project Name Change) PPl (Plans & Plet Review) o PSI' (Preliminary SUbdivision Plat) 8 pUD I'\e::one RZ (Standard Fl.ozone) DSDP (Site DeV8loprn~ Plan) B SDPA .(SOl' Amendment) . SOPI (Inoubstantial cnan\l8lO SOP) o 511' (Site ImpI"Ql/flment Plan) o SIPI [Insubstantial Char1sls 10 ~P) 8 SNR (Stl'Oe! Nlme Change) SNe (street Name Chenge - Unplalted) ~ '1'()1\ (Transfer 01 Develop"",nt Rights) VA (va~lInce) VR P (VegetatIOn Flemcval Permit) o ~SFP (Vegetation Removal & SIle Fill Pennill lEI OTHl;R Extel1$lcn UOC;;AL DESCRlPnON 01 6ulljeot property or propertie$ (CQj)Y of lengthy <lescnptlon mllY be atJachetV Gate Estllea Unit 20, Section 2&, Tcw"s~ip 48. IIsnge 27 _ A ~cr-t""l o~ '\ I""""-L* ~ If FOLIO ("""perty IDI NUMaliRls) of abOve r<ttl<lch Ie, or _ate wfth, I8gr>l detiCription if mare than one) 375115380004 STReET ADDRESS Or ADDRESSES (as _Iioable, if slrro,.qy usignad) ImmokBJe. Road . LOCATION MAP lI'lU5t be allseneo showing exact locallon of proj_~. in relation to neare<;t publi~ rood rigttt.ol-wsy . SURVEY (COlly. n..dad only lor u~latte~ properties) !"ROPOSED PROJECT NAME (if applicable) Mealtor Pump Station A_ B PROPOl!l~D STREET NAMES (if applicable) NlA SITE DEVELOPMEN"T PLAN NUMBER (fr>r exiStillg ~ctNsltes only) SO? orARllleo90 CUE-2008-AR-12816 REV; 2 CC PUMP STATION ON CR 846 EAST OF CR951 PROJECT; 2004040059 DATE; 3/25/08 DUE; 4/8/08 Eone 3911d SNJ~ld 88~ 61:BZ~6;; B1:.t 8.8;;198/E8 AClenda item No. 17B - ,June 10, 2008 Page 14 of.:15 Page 1012 ADDFtESStNG CHECKLIST. PAGE TWO Projeet or ae..lopmenl names proposed fer, or olr;,a<.iy appearing in, condominium OOOLlfTlQ/llS 01 applicstioni indici!le whlO1lllW proposed 0' exI8ling) Please Cheok One: I1il Cheoldiel i.t; be Faxed back o PIl'8Qnally PiokOld Up APPI.ICANT NAME: Victoria 8_ PHOIe ~Q7-31" "-'IX 566-2203 Signature on Addressing Checklls:t doe6 not constitute Project and/or Street Name approval and is Subjacl to further reVieW by the Addressi~g Dep.nment. FOR STAFF USE ONI. Y PrI"'IIYNumbttr 35.Z1ct!:) Add__Number <l. i 7.-'1 0 ~bI!) Add..... Number Adll_ Number AppftlV8a by:.JJ.. "'-" '"L; Upa..1Dd by: ri\...o-xa........ Date: O~ - 0(., - O<g - D_: IF OLOER THAN 6 MONTHS, FORM MUST as UPDATED OR NEW FORM SUBMlTTEO PIlge20/2 ",\Ou~"',,"llon F_......sns CtIOoldiot rov 021120r,doo Eil/o;0 :;""" !lNr~d 8811 6/;B/;"Ii~ 8t:~. 89SZ/90/re RESOUJTIOK NO. 05-17.!.. ;'o,C18:-1C8 Item l\Jo. 178 '"---Ju-ne-(O:- 2008 -- - Page1t::;~f45 CUE-2008-AR-12816 REV 2 CC PUMP STATION ON CR 846 EAST OF CR95] PROJECT: 2004040059 DATE: 3/25108 DUE: 418/08 A RESOUiTION OF TilE BOARD OF ZONING APPEALS PIWVIDINU J'( JR IIIE ESTAIJI.lSIIMENT OF CONDITIONAl. IISI: "C" FOR A MASTER P1IMP STATION ESSENTIAL SERVICE 1:--1 THE '-E" EST'\II:S ZONINO DISTRICT PURSUANT 10 SUBSECTION 2.111.11.0.1 OF TIlE COLI.lER COUNTY LAND DEVH.oPMENT CODE, AS AMENDED, TO BE LOCATED 0:--1 PROPERTY SOU111 OF IMMOKALEE ROAD LESS THAN y, MILE WEST OF WILSON BOULEVARD IN SECTION 28. TOWNSHIP 48 SOUTH. RANGE 27 EAST. COI.I.lER COJ/NTY. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 67-1246. l-tlwS of l:loridl.l. and Chapter 125. Florida Statutes. has conferred on Collier County the power to estahlish, coordinate and enforce zoning and such bu~ines5 regulations as arc necessary for the protc.:tion of the public: and WI-IEREAS, the County pur.suant thereto has adopted a Land Developmcl1t Code (Ordinance No. 2004-4\), as amended, which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions uf the County, among which is the granting of Conditional Uscs; and WHEREAS, the Hoard of Zoning Appeals (Board), being the uuly ~pp{}inlCd anJ constituted planning board for the area hereby affected, has held a public hearing alter nnticc as in said regulations made and provided. and has considered the advisability of a Condilional Use "e" of Subsection 2.01.03.G.l of the Collier County Land Development Code. or successor provision, for a master pump station essential service in an "E" Estates Zoning District all the property hereinafter described, and the Collier County Planning Commission has found as a mailer of fact (Exhibit "AU) that satisfactory provision and arrangement have .been made concerning all applicable matters required by said regulations and in accordance wilh Subsection 10.08.00 of the Land Development Code, or successor provision, 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 Brian Nelson, ASLA, of Agnoli, Barber and Brundage, Inc. representing the Collier County Public Utilities Engineering Department with respect to the property hereinafter described a~: ,l\oenda it'Brn No. 178 ~ Juc,e 10, 2008 Page 16 of 45 Exhibit "B" attached hereto and incorporated by reference herein he and the same is hereby approved for a Conditional Use "e" of Subsection 2.01.03.G .1. of the CoHier County Land Development Code, or successor provision, for a master pump station essential service in the "E" Estates Zoning District in accordancr;: with the Conceptual Master Plan (Exhibit "e"), 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 Ihis Board. This Resolution adopte~ after motion, second and super-majority vole, .1 Done this ,):" day of~/'.0...L.. .2005. BOARD OF ZONING APPEALS COI.LIER COUNTY, FI.ORIDA BY FRE~~I~CH~ ATTEST:. ',' fi'.':.' ,), DWIGHT E. BROCK'.',CLERK ,.' '., '. :...~. ': ' t.j . . ~dn'(2~u.. be- A t "'~ ~1~ s 'I~.ij'.:l'orm and Legal Sufficiency: Ih~ u "ll ;Jtt'h..t Marjor{e M, Student Assistant Counly Attorney CU-2004.AR-6090IMJnJsp Page 20f2 _. ...1:1.Ji. :dI.11k.ffi Dale 'he 1 '05 Re<.:d - .i\:Jenda ilem No. 17B ~ jjf:e '10. 20C,8 r'ag8i7of.::5 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU - 2004-..o\R -6090 The following facts are found: I. Subsection 2.01.03 .G.1 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: YesL 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 acceSE in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -L 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 L No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval APP2W1:1> DATE: 4/'7/05 l l CHAIRMAN: U4&JJ EXHIBIT "A" CUE-2008-AR-12816 REV: 2 CC PUMP STATION ON CR 846 EAST OF CR95 I PROJECT: 2004040059 DA TE: 3/25/08 DUE: 4/8/08 AGenda item No, 178 ~ June 10, 2008 Page 18 of 45 FINDING OF FACT BY COLLIER COm'lTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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: Yes4.-- No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and eontrol, 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: l. 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 L No Based on tlte above findings, this conditional use should, with stipulations. (copy attached) (should not) be recommended for approval :1. DATE: ",iI.- MEMBER: V,. ~ \)1 \: ,;_,' ;'\: )~I..,"\. EXHIBIT "A" Item 1'0. 176 June 10. 2008 ?age 19 of 45 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PEmION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03 .G.I 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 / 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 v' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or ,/ Affect mitigated by \;>...~s. + ~I.t~<'c:..- _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No~ Based on the above findings, this conditional us~milii} with stipulations, (copy attached) (should not) be recommended for approval DA TE: I.{ - 1 - D .,' MEMBER:fv'/CANl P ~ EXHIBIT "A" ,1\aenda item hlo. 17B " ,June 10. 2008 Page 20 of 45 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.l 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: YesL 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 YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -.JC'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 V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 4 / 'J 10 ..,- MEMBER: J~~ l EXHIBIT "A" L"C!enda item No. 173 --' June 10, 2008 PS;Je 21 of ~;5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: l. Subsection 2.01.03.G.1 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 D710pment 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: ~"lo affect Ot _ Affect mitigated by _ Affect cannot be mitigated 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 DATE: MEMBER:,M.el c., /c- /, /U?/- . EXHIBIT" A" ~~ ~/ . ,A,genda Item No. 178 June 10. 2008 Page 22 of 45 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR -6090 The following facts are found: I. Subsection 2.01.03.G. 1 of the Land Development Code authorized the conditional use. 2. Gnmting 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 Growih Management Plan: Yes~ 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: v' 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~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval CHAIRMAN: / ' t. ",,<: - '--72 r' /1 (~i /. ~'-- DATE: ,11,"'1 i f l.<~:-> ~ EXHIBIT "A" item r~o. 1/'3 June 10 20D8 Page 23 of.::5 FINDING OF FACT BY COLLIER COL'NTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: J. Subsection 2.01.03.G.I 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 ./ 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 YesL No Based on the above findings, this conditional use'h;u~th stipulations, (copy attached) (should not) be recommended for approval DATE: ./ ;f .1, U5 MEMBER: ,\, (' k l.--,~.~r ( EXHIBIT "A" .Aaenda item No. 178 ~ June 10. 2008 Page 24 of-+5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMl\1ISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.1 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' 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 ~ ........' l). '_., <..' ' /;1.>-., ,\.....,"-i I , ( D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings. this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: -- - ..'..-:. i I , MEMBER: \ }-l",~"-I EXHIBIT "A" !terr, i~o. '178 ,I',me 10. 2008 Page 25 of /;5 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.OI.03.G.1 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 / 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: ~o 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 / No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval /11 \? n\!. e,..- /7 , /' {/ (L-;-r ~ I DATE: I! - 7, -- './\ '~"''r7!.II~~~: EXHIBIT "An ,L'.genda Item No. 17B June 10, 2008 Page 26 of 45 Metes & Bounds Description TRACT 84, GOLDEN GAlE EST AlES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7, PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE SOUTHERLY 594.44 FEET AND LESS THE NORlHERL Y 79.43 FEET FOR RlGlIT-OF- WAY AS DESCRIBED IN OmCIALRECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B ---~..- .L - - I .:J O'J L..'l i': 1--:::>7 . i ! , II ~.:::;:.-....- 1111 - ! i lll'! '1 .N 0 Ii " .~ III ; I IfIll ~llift Z;:N h i=".:ucD i I I I " f I IIII1 Ili'l " i ;- (ij_:J) 5i '; ::::~~ '. Ii to I 'I 1'11I Iii!! ro ' I II " , ! . ! II ! . ! II: t r! Qj I I i If . I' II II · ' rn I' III 'l: 11,111'111 il,li I I ! I '""'! I I i ! I , ,1 W 111'i I II I i I I m II II Eil'l! IIIII i I ~ 0 ;z . 0> g .. ~~ ~ == !-' \Cl=...Z; =!i:~~ <!-':!:= ...u~~ '= Iilliil.. ="''''101 ~Ot-~ ~=<- Ull.Cl:;l @~~ ai " n I ~.~ ~ W W ~ o ~ S! ~ Qw~ ::OID ::>-1- ID"'W W iil '" \-----T~~-=---~ rJ~~~~~~;~~;~~~-!-- I . I I I I. I I I I: ~~ i :, , , I Cl I ~ij i / I ' 'I '~9~~ i ~~ ~ I " ~ -O!",---j I z" I o 5O::w I 1 Ca:::U 9o!, '" ,I ....", I L-----::<;:l-;---tl o a.. It) I ~ I :;,L1.I~ ~ C · I ~ I:Z: I CCa:W j I ~ Iffil :~i!~ i ~ "'I I ttl .!i \ ~ ;Ir~ : '\ I I ,m I I I I ffi C I I , u. I ~ l : %: ~ I " : " : '~I : ,~~ I w \~ ~ ~ i~" : ~\~ I ~ ~.OSS3"", ~ \ ~~. i : ~ I . I I :i I I 'I ~\ i i i 'I I I I I ! I I I I /f1~: i I 1 U Y. I , . I I ~~ I L_____~~~~:l~:~n~~~~z-~~-.L-- ,I Cl Z " W i5w~ g9= ID"'W b '" '" W t~ ~~ ~ ~g I ~t; ~~ I ( ~ ~ ! ! . I , I 'I I II . ) /\genda itsrn hJO. '178 June 10.2008 Page 28 of 45 Conditions for Approval of Conditional Use CU-2004-AR-6090 (March 17,2005) 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in thc location, siting or height of buildings, structures, and improvements authorized by this 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 ncw Conditional Use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity, a historical or archaeological artifact is fOWld, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan identified as "Pump Station On CR846 East Of 951 " prepared by Agnoli, Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations of condition #1 listed above. 4. The following Environmental requirements shall be provided at the time of the Site Development Plan (SDP) submittal: . SFWMD jurisdictional detcnninations shall be required upon (Site Development Plans) SDP application. . All principal structures shall have a minimum setback of 25-feel from the boundary of any preserve and shall be indicated on the SDP. . The required preserve area shall be provided (LDC Section 3.05.07). . A minimum width of20-feet shall be provided for the preserve area. Exhibit "D" R:t':;; .,-.::)-- NO 8,-,;',:;, Z =: C'-J :::~s: (G C rr ::::~o... ro D OJ OJ> .e( .) . , . " '" '" !,~.,. ~ :" ~ '~ ~i J ~i ~, ill "it t1 " ~1 ,,;'f ~ t~W4-" c ::~.~ ~ ='tm:it.i " 11'" ~ \ N j I '" i 't i i ~ ~ w "' ~ w -' ~ u ~ . ~ w o z ~ m ~ < r:. z I w z ~ 0 f' O ". " z o e o ill W z o f- <( f- (f) 0... ~ :J 0... o 0:: W W ...J <( ~ o ~ ~ D... <C 2: (f) U U ~ -' LL -' <C 0:: w <C c.:i ~~ f2 :=~"';'~ ~ ~ g:3 u:l8~~ o:uu~~ Cj~ri:i .0 ~ ~Ll.. 0E:z U)::::: . "" (/)01:0..0 <.r;.~ ~ S; ~J3~! "" > ~ ......... -<;::: ].~,jj ;:::::$~~O-. t- ~ lt3m f'Jo, rTB Jurv3 10.2008 :;0 cA 45 RESOLUTION 200S-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER CUE-200S-AR-12816, GRANTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR A MASTER PUMP STATION IN THE "E" ESTATES ZONING DISTRICT FOR PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD, LESS THAN Y, MILE WEST OF WILSON BOULEVARD IN SECTfON 28, TOVmSHIP 4S SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 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 \VHEREAS, the County pursuant thereto adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended), which establishes zoning regulations for the particular geographic divisions of the County, among which is the granting of a conditional use and the extending of the time period of an approved conditional use; and WHEREAS, on April 26, 2005, !he Board of Zoning Appeals of CoJlier County, Florida, enacted Resolution No. 2005-171, attached hereto as Exhibit "A-I", granting Collier County Public Utilities Engineering Department (the "Petitioner"), a conditional use for a master pump station on property located within Estates Zoning District "E", more particularly described below; and \VHEREAS, the conditional use approved by Resolution No. 2005-171 has not commenced during the three years following the grant, and under LDC Subsection 1O.08.00.E.l, the approved conditional use expired three years from the date of grant (i.e., on or about April 26, 2008); and WHEREAS, Subsection 10.OS.00.E.3. of !he LDC provides that "The Board of Zoning Appeals may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner;" and \VHEREAS, the Petitioner has submitted a timely written request to extend the conditional use approved by Resolution No. 2005-171. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING _t>J'PEALS OF COLLIER COUNTY, FLORIDA. that: The written request of Larry R. Harris of Agnoli, Barber & Brundage, lnc., for one one- Page I of2 ::'c:;T :-":J_ 1:3 ,j-Ins ') ~:cna ~)f .:; 5 year extension of the conditional use for a master pump station in the interest of the property described in Exhibit "B" is hereby approved pursuant to Subsection 1O.08.E.3. of the LDC, and the expiration date for the conditional use granted by Resolution No. 2005-171, attached hereto and incorporated as Exhibit "A-I," and all conditions applicable thereto, are hereby extended until April 26, 2009. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, and in the records of the Petition for which this extension is granted. This Resolution adopted after motion, second, and super-majority vote, this ~ day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPPEALS OF COLLIER COUNTY FLORIDA By: By: TOM HENNING, CHAlRMA.'1 , Deputy Clerk Approved as to form and legal sufficiency: Page 2 of2 ~i ,~Clenda item hJo. 178 ~ June 10,2008 ;oa~e 32 of 45 EXHIBIT "A-1" RESOLUTION NO. OS.l 71 A RESOLUTION OF THE BOARD m' ZONING APPEAI.S PROVIDING FOR THE ESTABLISHMENT 01' CONDITIONAL USE "C. FOR A MASTER PUMP STATION ES.'lb.'NTlAL SERVICE IN THE "Il" ESTATES ZONlNG DISTRICT PURSUANT TO SUBSECTION 2.10.13.G.I OF THE COLLIER COUNTY LAND DEVELOPMENT COOl!. AS AMENDED. TO BE LOCATr.1) ON PROPERTY SOUll{ OF IMMOKALEE ROAD LESS THAN Y, MlLE WEST OF WILSON BOULEV AltO IN SECTION 21l, TOWNSHIP 4& SOUTH, RANGE 27 EAST. COLl.JER COUNTY, FLORIDA. WHEREAS, the Legislature of the Stale of Florida in Chap1cr 67-1246, I.aws ofFlorida, and Chapter 125. Florida Stanltes. has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as arc necessary for the protection of the public; aad WHEREAS. the County pursuant thereto hili adopted a Land Development Code (Ordinance No. 20044 t), as a.men~ which ine-iades a Comprehensive Zoning Ordinance emblishing regulations for the zoning Gf particular ge{)graphic divisions of the County. among, which is the: granting of Conditional Uses; and WHEREAS. the Boan! of Zoning Appeals (Board), being the duly appointed anJ constitutecl planning board for the area herehy am.cled., has held ~ public hearing after notice as iR .aid regulations made and provided, and has considered tbe advisability of a Conditional Use "C' of Suhsection 2.01.03.G.l of the Collier County Land Development Code, or successor provision, for a master pump station essential service in all '.E" Estates Zoning District on the property hcrcinaJler described, and the Collier County Planning Commission has found as a malter of fact (Exhibit "A") that satisfactory provision and. arrangement have 'been made concerning all applicable matters required. by said regulatioos and in accordance with Subsection 10.08.00 of the Land Development Code, or successor provision, ancl WHEREAS, all interested parties have been given opportunity to be bean! by this Boord in a public meeting assembled and the Board having considered all mat~s presentod. NOW, TIlEREFORE, BB rr RESOLVED BY TIlE BOARD 01' ZONING APPIlALs OF COLLIER COUNTY, FLORIDA that: The petition filed by IIrian NotIOn, ASLA, or Asnoll, Barber ancl Bnmdage, Ine. representing the Collier County Public Utilities Engineering Department with rcspcc:t to tho property hereinafter clescribed .., Item No. 1;3 June 10. "1008 ?a;:!8 ::;~; of'; 5 Exhibit "B' attached hereto and in<:orporllled by reference herein be and the some i. hereby approved for a Conditional Use 'C' of Suhsection 2.01 .03.0.1. of the Collier County Land Development Code. or successor provision. for a master pump station ClI5ential service in the '<En Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "e.). and subject 10 the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOl YED that this Resolution be recorded in the minutes of this Board. This Resolution ad~Pt~ after motio~. second and super.majority vote. Do""this J". dayo( /;/'/;/ ,2005. , BOARD OF ZONING APPEALS COI.LlER COUNTY. FLORIDA BY: '1uJ- W. ~ FRED W. COYI.E, CHAIR AN TIEST',',' ri"~I:., A :' ..-....,.. e!:- DWIGHT Ii BROCK.',CLERK '. \' -, " .- , ~ ~ : :...: ". "-i:-. A~ttr;'~~'~ S,.,;ItlfrI1iIl;li>&;;. and Le~1 SuffICiency: ~,,"11").~c....t. Mali M. Student Assistanl COWlty AUomey cu.2004-....~ Paac 2 0(2 ....~ =- ..i:U.t:c5 - 1/."..... llc" ~ /:\aenda item hio. 173 ~ June 10, 2008 Page 34 of 45 FINDINGS OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR CU-2004-AR-6090 The following facts are fOWld: I. Subsection 2.01.03 .G.I 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: YesL 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: -L 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 YesL No Based on the above findings, this conditional use should, with stipulatiOl1ll, (copy 1I!tIlCbed) (should not) be recommended for Ipproval APP2fNf:D DATE: 4 h /05 C~:JJ ;/ &JJ EXHIBIT "A" item ~JCl. i7S June :0. 20GB Page 35 of "';5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.O!.03.G.I 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 Devclopmcnt Code and Growth Management Plan: Ycs~ No_ B. Ingress and egress to property and proposed structures thcreon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of ftre or catastrophe: Adcquate ingress & cgress Yes-L- 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 YesL No Based on the above findings, this conditional use should, with ~pUlations, (copy attached) (should not) be recommended for approval .'. DATE:~/,,'l,- MEMBER: L "1 d 1\1. :;'\Ii\:)-(.."\. ! EXHIBIT "A>> Agenca Item r~o. 178 June 10, 2008 ~age 36 of 45 FINDING OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.I of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affcct the public interest and will not adversely affect other property or uses in the S!lJDC district or neighbomood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structuxcs thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of flI'C or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or ./ Affect mitigated by ~...~s. '" ~i"'c.. _ Affect cannot be mitigated D, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No~ Based on the above findings, this conditional ~ with stipulations, (copy attached) (should not) be recommended for approval DATE: 4 ~ 1- 0 'i MEMBER:~~ P ~ EXHIBIT " A" !tern No. 178 June 10.2008 ?3;]8 :;7 of ~ 5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CtJ-2004-AJt-6090 The following facts are found: 1. Subsection 2.01.03.G.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use wiIl 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 Grov.'th Management Plan: YesL 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 YesL No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o 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~No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 4/1 (0 .,,- MEMBER: - J --l- ~ I EXHIBIT "An /i,genda Item hio. 178 June 10, 2008 Page 38 of 45 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: I. Subsection 2.01.03.G.l 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 D710pment Code and Growth Management Plan: YesL 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: ~o affect or _ Affect mitigated b~ _ Affect cannot be mitigated 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 DATE: MEMBER~a 1 (, '/t.:. A /~- . EXHIBIT U A" It-:::iT< r,,)O. 'i73 Ju::e CO. 2008 ?a;e 39 01 ':~5 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.l 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~ 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 -...!:- No Based on the above fmdings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: 1/1 i I - '''<' "'- "--J} ( CHAIRMAN: /\. t<i},,<. ~,'/I i(/,.......,L. EXHIBIT "A" fi\:Jenda iteili r'~o. i 7B - June 10.2008 rC1gs 40 Jf 45 FINDING OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6090 The following facts are found: 1. Subsection 2.01.03.G.I of the Land Development Code rwthorized 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: YesL 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: V No affect or _ Affect mitifi3ted by _ Affect cannot be mitigated D. Compatibility with adjacent properties and othef property in the district: Compatible use within district Yes v'. No Based on the above fmdings, this conditional use~th stipulations, (copy attached) (should not) be recommended for approval DATE: ;f .1, OS .J< l- i~~'r"(' MEMBER. ,. EXHIBIT U A" ....,~".._"m~.__'_..______"...._ ilem No. 178 J"rlS 10. ='108 r'age 41 of -:~5 FINDING OF FACf BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CLJ-2004-AJt-6090 The following facts are found: 1. Subsection 2.01.03.0.1 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~ 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 _Affectmitigatedby --:". ~,..,.,. . ,~u...',\''''~'''' _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should Dot) be recommended for approval .. ,- DATE: -: ....\ ( MEMBER: \ }A.\\'~'-! EXHIBIT "A" :\::;'~m:ja item No. 178 , .June 10.2008 Pa';Je ~2 of 45 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION FOR CU-2004-AR-6090 The following facts arc found: 1. Subsection 2.01.03.GJ 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 / 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 propemes in relation to noise, glare, economic or odor effects : '~o 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 / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval (Tf <? (Yl to <.'r /7 , ( (/~I ~ I DATE: 4- T. - 'II (,.,./ '~'T""71I~: EXHIBIT "A" -.----- !:em I'~o. 17B ~1'Jn9 1 0, ~008 Page ~3 of 45 Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED lNPLAT BOOK 7 . . , PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS THE SOUTHERLY 594.44 FEET AND LESS THE NORTIlERLY 79.43 FEET FORRIGHT-OF- WAY AS DESCRIBED IN OFfICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. . CONT AlNING 1.65 ACRES OF LAND MORE OR LESS. LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B ! I ~8..~ ~r;:~1Ii ..~~~ a~~ ItilE~:a Aaen,::;::: :::'~f). 178 - , 20G8 i Ii I III I 1111 I I I I . II II! III III '( If I' I I i I I I I . II I: ,. II II rill III !lllli ~ I. If I I ,I ~I !III! !illl I ~i I~~ 1_ . ;U)U) w t~ r-----T-----1-~;=~.----,--- ;g! I r----------------, I _I I . ... __________... . ~ I. . I I I I ... . I. I I 1\ ~~ i : I : ; \ ~~~ \ ~m~: .,' I ~ r--r-iO~--j I z ~I ~"" ~ ,I Iolt", i ,L~~~.L.., I.......i ~ 'I .... I. i I llla:W I I · ;1 r \, \ !,lIh! ") · i ~ ~. I '" 1 : I ~i I ~ W , ~--* i ill i \1" I \ Iii I I , I I : I I.. ,I ~~: i I 1\ r\ i~ : :L i L----~I~~:-J----J I __ _ __ -L __ _ __ ~nll~3~~ __ ---1--__ CJ z '" w 9!!1~ iliiilii ~ lJ) ( ~ ~ I ! II . " ... ) ) item !'Jc. 173 ..June ~lrJ. ~D08 Page 45 of 45 Conditions for Approval of ConditlonaJ Ute CU-2004-AR-6090 (March 17,2005) I. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this 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 10.02.03, Site Development Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the course of site clearing, excavation, or other construction activity, a historical 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. 3. The Conditional Use approval to allow a Master Pump Station is limited to the site plan identified as "Pump Station On CR846 East Of 95 I . prepared by Agnoli, Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations of condition # I listed above. 4. The following Environmental requirements shall be provided at the time of the Site Development Plan (SOP) submittal: · SFWMD jurisdictional determinations shall be required upon (Site Development Plans) SOP application. · All principal structures shall have a minimum setback of 25-feet from the boundary of any preserve and shall be indicated on the SOP. . The required preserve area shall be provided (LDC Section 3.05.07). · A minimum width of 20-feet shall be provided for the preserve area. Exhibit "D"