Resolution 1996-404
SEP - 3 1996
RESOLUTION 96- 404
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A MAINTENANCE FACILITY CONDITIONAL USE
"ESSENTIAL SERVICES" IN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.6.9.2 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 25, TOWNSHIP 49
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
entorce zoninq and such business regulations as are necessary tor 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 conEidered the advisability of Conditional Use
"Essential Services" of Section 2.6.9.2 in an "Atl zone for a
maintenance facility, which may include buildings, fuel facilities,
vehicle parking and maintenance facilities and equipment storage and
maintenance facilities on the property hereinafter described, and has
found as a matter of fact (Exhibit "An) 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 meating 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:
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SEP - 3 1996
The petition filed by Alan D. Reynolds of Wilson, Miller, Barton
and Peek, Inc. representing the Collier County Office of Capital
Projects Management with respect to thp. property hereinafter described
as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "Essential
Services' of Section 2.6.9.2 of the "A" zoning district for a
maintenance facility in accordance with the Conceptual Master Plan
(Exhibit "CO) and subject to the following conditions:
1. Due to the intensity of vehicular use and maintenance
associated with this site, and the possible fuel storage
and dispensing facilities, the petitioner is encouraged
to incorporate special precautions into the design of
the facility to preclude any possibility of surface
water or groundwater contamination.
2. Stormwater outfall shall be to the west toward Golden
Gate Canal. If stormwater discharge is southerly
through the landfill site, through an open swale, then
the petitioner shall perform quarterly monitoring at the
southern most point of the swale and submit the
monitoring reports to the Collier County Pollution
Control Department.
3. Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE) and south Florida Water
Management District (SFWMD) shall be presented prior to
final site development plan approval.
4. EnvironMental permitting shall be in accordance with the
state of Florida Environmental Resource Permit Rules and
be SUbject to review and approval by Current Planning
Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
5. Buffer zones which extend at least fifteen (15) feet
landward from the edge of wetland preserves in all
places and average twenty-five (25) feet from the
landward edge of wetland preserves shall be reguired at
the time of site development plan approval.
6. All jurisdictional wetlands and/or mitigation areas
shall be designated as conservation/preservation tracts
or easements on all construction plans and shall be
recorded on the plat, or by separate instrument, with
protective covenants per or similar to Section 704.06 of
the Florida Statutes, prior to site development plan
approval.
7. At the time of site development plan submittal, the
petitioner shall meet the guidelines of the U. S. Fish
and Wildlife service (USFWS) regarding potential red-
cockaded woodpecker issues on site.
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SEP - 3 1996
8.
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 miniuum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
9. The proposed access from Garland Road shall be for
emergency use only.
10. Prior to issuance of the first certificate of occupancy,
Landfill Road shall be brought up to Land Development
Code requirements, trom County Road 951 to the proposed
entrance road.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutea of this Board.
Commissioner
MattheW's
offered the foregoing
Resolution and moved tor its adoption, seconded by Commissioner
Constantine
and upon roll call, the vote was:
AYES: Commissioner Matthewsl Commissioner Constantine, Commissioner Hancock~
Commissioner Hat'Kie, and commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
3rd
September I 1996.
day of
BOARD OF ZONING APPEALS
COLLIER COUNTY, FRIDA
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ATTES'Jl:
DIITGHT. t. BROCK.. cLERK
t-
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ASSISTANT CdriNTY ATTORNEY
CU-96-8 RESOLUTION/17257
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SEP - 3 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-8
The following facts are found:
1. Section 2.6.9.2 of the Land Devlopment 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 ingre~' 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
with stipulations, (copy
recommended for approval
DATE: 1/''{)'1l
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CHAIRMAN: ~ II f..~
FINDING OF FACT CHAIRMAN/17260
EXHIBIT "A"
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.~ " LEGAL OEseR I PT I ON
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THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 49
SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA LESS THE NORTH 30 FEET.
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THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTIOH 25.
TOWNSHIP 49 SOUTH. RANOE 26 EAST. COLLIER COUNTY. FLORIDA
~ CONTAINIHO 61.15 ACRES MORE OR LESS.
',.,. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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EXHIBIT "B"
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