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Resolution 2008-172 RESOLUTION 2008-J,}.2.- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER CUE-2008-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 Yz MILE WEST OF WILSON BOULEVARD IN SECTION 28, TOWNSHIP 48 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 WHEREAS, 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, the Board of Zoning Appeals of Collier 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 WHEREAS, the conditional use approved by Resolution No. 2005-171 has not commenced during the three years following the grant, and under LDC Subsection lO.08.00.E.1, the approved conditional use expired three years from the date of grant (i.e., on or about April 26, 2008); and WHEREAS, Subsection lO.08.00.E.3. of the 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 WHEREAS, 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 APPEALS OF COLLIER COUNTY, FLORIDA, that: The written request of Larry R. Harris of Agnoli, Barber & Brundage, Inc., for one one- Page 1 of2 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 10.08.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 I O~ day of -:s'\J.f\.t., , 2008. ATTEST: '~~'.~ " DWIGHTE. BROCK,cC!..ERK BOARD OF ZONING APPPEALS OF COLLIER COUNTY FLORIDA By: Approved as to form and legal sufficiency: Page 2 of2 EXHIBIT "A-1" RESOLUTION NO. 05.171 A RESOLUTION OF TilE BOARD OF ZONING APPEALS j'ROVIDINU FOR THE ESTABLISHMENT OF CONDITIONAL USE "C" fOR A MASTER PUMP STATION ESSENTIAL SERVICE IN TilE "E" ESTATES ZONING DISTRICT I'll RSUANT TO SUBSECTION 2.1 O.l3.G.1 OF TIlE COLLiER COUNTY LAND DEVELOpMENT CODE, AS AMENDED, TO BE LOCATED ON PROPERTY SOUTH OF IMMOKALEE ROAD LESS THAN y, MILE WEST or' WILSON BOULEVARD IN SECTION 28, TOWNSHIP 4B SOUTII, RANGE 27 EAST. COLLiER COUNTY, FLORIDA. WIIEREAS, the Legislature of the Stale of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes. has conferred on Collier County the power to estahlish, coordinate and enforce zoning and such business regulations as arc necessary for the protection of the publl<:; a.d WHEREAS, the County pursuant thereto has adopted a Land Developmcnt Code (Ordinance No. 2004-41), as amended, 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 Board ot' Zoning Appeals (Board), heing the duly appointe'<i and constituted planning board for the area hereby affected, has held a' pttblic hearing aner notice a' irt said regulatlons made and provided, and has considered the advisability of a Conditional Use "C" of Subsection 2.01.03.G.I of Ihe Collier Coumy Land Development Code, or sttccessor provision. for a master pump station essential service in aJ\ "EH Estates Zoning District on the property hereinafter described, and tho Collier County Plannirtg Commission has found as a matter of facl (Exhibit "A") that satisfllctory provision and arrangement have . been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.0S.00 of the Land Development Code, or successor provision, and WHEREAS, all interested parties have been given opportunity to be beard by this Board in a pttblic meetins 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: Tho petition filed by Brian Nelson, ASLA, of Agnail, Barber and Brundage, Ine. represonting tho Collio. County 1>ublle Utillties Engineering Department with respect to tho property hereine1\er described as, Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use "CO 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 the "E" Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the following conditions: Exhibit "0" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adOplC; after motion, second and super-majority vote. Done this J I.. day of hI'/,' / .2005. , BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: '1uJ- W. ~ FRED W. COYLE, CHAIR AN ATTEST":' [t ~I:., . :".......... o!:- DWIGHT E. BROCK.',CLERK ,,:. \" I '. ._ . "'. : :...: '. 'j"l :J: A~1i.'~$it'~ ".Ml.IciI!~ and Legal Sufficiency: ~" '1fl iJt~..c!...l::. Marjo M. Student AssIstant County Attorney CU-IOlM-AR-609Of'MJDIIp Paac 2 of2 ..... l'1flJ =- lj.u,.lti 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.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 stJUctures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acceS! in case of fire or catastrophe: Adequate ingress & egress Yes~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 1 No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and othe;- 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 --APP2f1I8> DATE: 4 /rr 105 CHAIRMAN: p~ 4 &JJ EXHIBIT "A" FINDING OF FACT BY COLLIER COtlNTY 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: 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 ftre or catastrophe: Adequate ingress & egress Yes.k..- 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 ftndings, this conditional use should, with ~pUlations, (copy attached) (should not) be recommended for approval .' . 1-'/ - DATE:~ .. ..' MEMBER: ~.. 1 \),\,' .'i'''\'~,\:)~(.., ! EXHffiIT "A" 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: 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 ~"'~,. '" St"I-I.lC\tA. (Ie.... _ Affect cannot be mitigated DATE: '1-1- 0"; MEMBER:~o..J P ~ EXHIBIT" A" 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: ~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! 'J /0 .,,- MEMBER: - ~/ -L ~ I EXHIBIT "A" FINDING OF FAC!' 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.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: 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 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~Al G/~A/~-' ~ FINDINGS OF FACT BY COLLffiR COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-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 _ 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: rI/'7 . , { ! - J:. '--;e /; CHAIRMAN:l,t'JiIl'(, ,./( {l{/u.....t.- EXHIBIT "An 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 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 pedes1rian safety and convenience, traffic flow and control, and access in case of fire or r.atastrophe: 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 y' No Based on the above fmdings, this conditional use~th stipulations, (copy attached) (should not) be recommended for approval ,/ DATE: ;f .1, 05 ,o[( MEMBER:J< l- i~--v ( EXHIBIT "A" FINDING OF FAcr BY COLLIER COUNTY PLANNING COMlYIISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-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 D~velopment Code and Growth Management Plan: Yes. No B, Ingress md eifess 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: "1.,.': ... . . lo1u....I.:. . . ," ~ _ No affect or _Affectmitigatedby ...... -, ..,. ,. ...c,~, 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 use should, with stipulations, (copy attached) (should not) be recommended for approval , .. \, DATE: -.: ..~ ( MEMBER: \ ,M.\.\ ~'"'t' EXHIBIT "A" FINDINGS 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,Q.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 DATE: /-1- ].. -- '7. I.) ._T.....~: 111 <! {l\ b I?r /7 , / (/ ~f ~ I EXHIBIT "A" Metes & Bounds Description TRACT 84, GOLDEN GATE ESTATES, uNIT NO. 20, AS RECORDED IN PLAT BOOK 7, . PAGE 80, OF TIm PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS TIm SOUTHERLY 594.44 FEET AND LESS THE NORTHERLY 79.43 FEET FORRIGIIT-OF- WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF TIIEPUBLIC RECORDS OF COllIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX IDENTIFICATION NUMBER 37595380004. CONTAINING 1.65 ACRES OF LAND MORE OR LESS. LESS TIm SOlJI'HERL Y SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY. EXHIBIT B Ii IS . is! . . m ~ z . Cl . - - -.- - - -;;;e~~l- - - - - --,-- - - - --l I r-------- -----l I I ,:A. -I~- :1 : : : rf ~LV : I I , : i I . . I I I I \ . I : I I I I : '\!I \ ~ ~ I ~~: ~ ;i \ ~ACCIII~I; !!If! I ~ . I ~ m I)O~ I I 10i. I. ~ S: ~ j I I ~I I \ i i ~ ! 1!li \. \ i:, . ~ : I ~ I j~ ! I I " ~ '" ,l---imie~ \ m~!JJ ~ :\ i!e : ~ !i Yl I-~il i I ~ : I ~! II~: I : : I I t iili I I I I I I I 1 II . :. I L----------tJ I :: b I L-----___________J I J a~! __-L____~=;=lEFER _ --___...L_____ ~~I m mrn; -, ~~~ i ~ ) I~ ..~ 1111,; lillll; Iii Ii I !Iil ,I II I . . I - - ~~;1~ (iI;lg.. ;~~~ ~iil I . " .. ) ) Conditions for Approval of Conditional Use 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 IICcCSSary to protect the discovery shall be immediately stopped and the ColIier 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 Of9S1" prepared by Agnoli, Barber&: Bnmdage, Inc" stamped "Received 9/14/04", and within the limitations of condition # I listed above. 4. The followina Environmental requirements shall be provided at the time of the Site Development Plan (SDP) submittal: · SFWMD jurisdictional dctenninations sha1I be required upon (Site Development Plans) SDP application. · All principal structures sball have a minimum setback of 2S-feet 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"