Resolution 2001-441
17D
RESOLUTION NO. 01-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
FIRE STATION CONDITIONAL USE IN THE "E" EST A TES
ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
IMMOKALEE ROAD (CR #846) AND EVERGLADES BOULEVARD
IN SECTION 30, TOWNSHIP 47 SOUTH, RANGE 28 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 conditional use in an "E" Estates Zone for
a fire station 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 f~r 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, Inc. representing the Big
Corkscrew Island Fire Control District with respect to property hereinafter discribed as:
Tract 129, Golden Gate Estates, Unit 47, as recorded in Plat Book 7, Page 32 of the
Official Records of Collier County, Florida,
be and the same is hereby approved for an essential services conditional use pursuant to Section
2.6.9.2. of the Land Development Code in accordance with the Conceptual Master Plan
(Exhibit "B") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
170
"
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the
Board.
This Resolution adopted after motion, second and majority vote.
Done this 1.3 #- day of 7j~
,2001.
..."""
BOARD~
COLLIER TY, FL
BY. ...;--
jAMES . CARTER" Ph. D., CHARMAN
..:~:" \,:?,' ,:':~}':.;1.) ,.
..._ ::~~ _, 1,..'.
~1T\E~S.ti ";,."~
. DWIGHT E.:~kOGK, Clerk
""," - "". -
':~", \.. d u.~~2./ . ..:~. ."'
~;t~":~:::.: .,A7.c!.
.~ ftlllf'orm and
Legal Sufficiency:
~In.~
MaT] 0 M. Student
Assistant County Attorney
170
.,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-990
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:
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHffiIT "A"
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-990
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:
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 findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
MEMBER:
170 .'1' i
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CU-2001-AR-990
EXHIBIT liB"
17D ~
CONDITIONS OF APPROVAL
CU-2001-AR-990
This approval is conditioned upon the following stipulations:
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 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 3.3,
Site Development Plan Review and approval, of the Collier County Land
Development Code, Ordinance (91-102).
b. The applicant will provide fair share cost of the turn lanes with the
County's intersection improvement to Everglades Boulevard.
EXHIBIT "C"