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Resolution 2001-374 7A RESOLUTION NO. 01-----3.1..L A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A WATER RECLAMATION FACILITY ESSENTIAL SERVICE IN THE "A" RURAL AGRICUL TORE ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 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 a water reclamation facility essential service conditional use pursuant to Section 2.6.9.2 of the Land Development Code in an "A" Rural Agriculture Zone 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 Robert Duane of Hole Montes and Associates, representing the Collier County Public Works Department with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a water reclamation facility essential service conditional use pursuant to Section 2.6.9.2 of the Land Development Code in an "A" Rural Agriculture Zoning District 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. 7A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this c~~ day of ,~..~~ ,2001. I Marjorii31M. Student Assistant County Attorney BOARD OF ZONING APPEA~S COLLIER ~T~,~ ~ BY: JAMES D.~d~TER., Ph.D., CHAIRMAN RB/Io/CU/2001 -AR- 1156 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 7A CU-2002-AR-1156 The following facts are found: 1. Section 2.6.9.2 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: Ao Consistency with the Land Development Code and Growth Management Plan: Yes ['// No 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 D0 Affects neighboring properties in relation to noise, glare, economic or odor effects: __ No affect or ff'"~Affect mitigated by ~ ~ ~ __ Affect cannot be mitigated ~ v~,.- o Compatibility with adjacent properties and other property in the district: Compatible use with~/d2istrict Yes V' No the above findings, this conditional use~'~with stipulations, (copy ~qhed) or) be recommended for approval ~. ~]~ _ This Resolution adopted after motion, second and majority vote. Done this day of ., 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D.CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Mmjorie M. Student Assistant County Attorney RB/Io/CU/2001 ~AR- I 156 .' .' Ha"L'£.'MON'T.E'$'-AND ASSOC.. INC. O3NSuCTING ENGINeeRS-- LAND SURVEYORS. Page I of 2 '''..1'~ File Ho. l&.6qE 12/22/86 PROPERTY DESCRI FTION A parcel of 'land located In the SouthWest quarter .of Section 21, Township 50 South, Range 26 East, 'Collier County, Florida, being more particularly described as .follows: ' conmence at the Southwest corner of Section 21o Township Se South. Range 26 East, Collier County, Florida. the same being the ~POINT OF BEGINNING or the parcel of land herein described= thence run North 02o$$,$0" East along the West line of the Southwest quarter of the said Section 21 for a distance of 510.07 feet; thence run South 32o2q'30. East for a distance of 236.05 feet; thence run South 26o09'12" West for a distance of 3q$.51 feet to ,the POINT OF BEGINNING. Containing 0.7987 acres more or less. :. ,:.::.: ~:.?. -: ....... HOLE, MO S, .. · t .... INC. .,-~ ..... .'. .'::. ~-. C.S. ~20.~ 2 Serglo E.G.-/~ontes ' ..... -- .~.t a* e o e;..l~.J:~ '~. - , :~,.-. . ., '~ . /~. , · '... EXHIBIT "B" 7A Page 2 of 2 HOLE. MONT~S AND ASSOC.. INC. CONSULTING ENGINEERS - LANO SURVEYOP~ H~ File No. 8E.6qE 12/22/86 PROPEI~ DESCR I PT I ON A parcel of land located in Section 20~ Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Begin at the Southeast corner of Section 20. Township 50 South, Range 26 East, Collier County, Florida and run North 89"33'27. West along the South line of said Section 20 for 2,121.86 feet t~. the Easterly right-of-way of the Lely Service Road; thence North '~' 38°50'$3# West along said right-of-way for 123.00 feet; thence North 79012e36" East for 135.00 feet; thence North 05o2q.00. West for lq0.71 feet; thence North $9o56~9. West for 515.20 feet'to Intersect non-tangentially a curve concaved Southeasterly; thence run 135.36 feet along the arc of said curve having a radius of I~,506o16 feet, a central angle of 00o32e0S#° a chord of 135.36 fee.t and a chord bearing of South 78o16m38# West to the East right-or-,ray of said Lely Service Road; thence North 11oSge2q# West along said right-of-way for 20.00 feet to the Southwest corner of Lot a of Lely Country Club Tanglewood I according to the plat thereof recorded In Plat Book 13 at Page 107 of the ~.' <::~ Public Records of Collter County. Florida; thence run a2~.52 feetC~ co along the arc of a curve concaved Southeasterly, the same being the Southerly line of the said Plat of Le~.y Country Club Tanglewood I, having a radius of lqo526.16 feet, a central angle of 01040e28.o a chord of q2q. Sl feet and a chord bearing of North 780S0e$0" East to a point of tangency; thence North East along said tangent, the same being the said Plat of Lely Country Club Tanglewood I Scdtherly Ilhe of the · 'or 1o090.q8 feet; thence South 10o18~$6. East for 20.00 fee' .o intersect, non-tangentially, a curve concaved North Jsterly; thence run 598.38 feet along the arc of said cur-. having a radius of $90.00 feet, a central angle of $8o06~3q., a chord of $73°05 feet, a chord bearing of North $0~37~7# East to a point of tangency; thence North 21o3~;30. EaSt for 87.16 feet; thence South 68°25~30" East for 86.93 feet; thence South 32o2qe30, East for 977.7a feet to ah intersection with the East line of the Southeast quarter of the said Sectlon 20; thence South 02oS3e50. West along the East line Of the Southeast quarter of the said Section 20 for 510.07 feet to the POINT OF BEGINNINC;. Containing q6.7517 acres more or'less. '-":~' ' ~.' C~..* ~. · ~i~ ".' '.:.. HOLE, MONTES~D ASSOCIATES ~'iN~ ~ '~' t, -. ey ~ ~ ~..., 3erg~o ~. o.-~on~es-- S%ate~&¢ ?a'. · -.. ~;? ~:. --'. " i ix ?A EXHIBIT "C" '-' 7A CONDITIONS OF APPROVAL CU-01-AR-1156 b) c) d) 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. 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. The applicant shall be responsible for the construction of turn lanes at the new project entrance on Wildflower Way when requested by the Collier County Transportation Department. Provide a detailed intersection improvement plan for St. Andrews Boulevard and Wildeflower Way at the time of site development plan review as deemed necessary based on the traffic operation plan for the facility operation. EXHIBIT "D"