Resolution 1994-232
APRIL 5. 1994
RESOLUTION 94-~~
A RESOLUTION PROVID1/1G FOR THE ESTABLISHHEtIT OF
WATER DISPE/lSING CONDITIO/lAL USE III THE C-5
ZONING DISTRICT PURSUAIlT TO SECTIOII 2.2.15~.) OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED III SECTIO/l 11, TOWlISHIP 49
SOUTH, RA/lGE 25 EAST, COLLIER COUlITY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Lavs 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
Developaent Code (Ordinance No. 91-102j which includes a
eo.prehensive 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 Conditional Use "9" Of Section 2.2.15\.) in an C-5 zone for a
new vater dispensing kiosk on the property hereinafter described,
and has found as a matter of fact (Exhibit "A") that satiSfactory
provision and arrangement has been made concerning all applicable
aatters 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.
HOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZOIlING APPEALS
of Collier County, Florida that:
nn....,
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APRIL 5, 1994
The petition filed by Allan S. Abbey of Abbey Construction of
representing McXesson Water Products with respect to the property
hereinafter described as:
Exhibit "8" vhich is attached hereto and incorporated by
reterence herein
be and the sa.. is hereby approved for Conditional Use "9" of
Section 2.2.15\.) of the C-5 zoning district for a water dispensing
kiosk in accordance vith the Conceptual Master Plan (Exhibit "e")
a~ subject to the following conditions:
Exhibit "D" vhich is attached hereto and incorporated by
reterence herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainute. ot this Board.
Coaaissioner Saunders
offered the foregoing
Resolution and .oved for its adoption, seconded by Commissioner
Cawtantine
and upon roll call, the vote was:
AYES: .........l...ioner Sal.wlders, eaa.iasiooer Constantine, Calmissiooer Norris,
and ec-iasioner Katthews
IIAYS: ec-iasiooer Volpe
ABSEWl' AND NOT VOTING:
~.IU1.l~ON:
Done this 5th
day of
April
, 1994.
,11..,
I,
ATTEST: _
DWIGHT E. BROCK.: CLERK
- .
Bv:. ~a:'i..~-r9r 4'.a..
UI'ROVllulAS\TO FORK AND
LEGAL SUFl"iCIENCY:
"JIV:A-/jA.i JJ 1~1u<~u._:"c
iiAiU'Oifii M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-23 RESOLUTION
,.., nm.. (H
APIlIL 5, 1994
FIlIDIHG OF FACT
BY
COLLIER COUlITY PLAKlIIlIG COMMISSION
FOR
A CONDITIOHAL USE PETITIOll
FOR
CU-93-23
The tOlloving tacts are found:
1. section 2.2.15\.3 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 Oevelopment Code and
Growth Kanagement~an:
Yes No
B. Ingress and egress to property and proposed
structures thereon vith particular reference to
automotive and pedestrian safety and convenience,
traftic tlow and control, and access in case of
tire or catastrophe:
Adequate ingre~' egress
Yes No
c. Affects neighboring properties in relation to
noise,. ~re, economic or odor effects:
~ Ho affect or Affect mitigated by
Affect cannot be mitigated
D. compatibility with adjacent properties and
other property in the district:
co~patible,~ within district
Yes 4- 110
Based on the above findings, this conditional use should,
vl" 0'lpu10'10no, (copy ,".chod' (o( t~ bo ~
recomaended for approval .
OATE:~ CHAIRMAN: 'heLM ~~,~
FIllDING OF FACT CHAIRMAN/RId
EXHIBIT "A"
8000: OCO W,< R?
APIlIL 5, 1994
LEGA:.. DESCRIPTION,
A part of t~ Southea.t 1/4 Section 11, Township 49 South, Ranoe 25 East.
Collier County, Florida and beinQ more particularly described as follows:
eo..enCinQ at thP Southea.t corner of Section ii, Township 49 South. Ranoe :~
Ea.t, eollier County, Florida, thence alono the South I.ne 01 sa.d Sect,on
TOwnShip 49 South, RanQe 2' Ea.t. Collier County, Florida; thence alono the
~ South line of said Section ii, South S9'-35'-20. West 1323.b5 leet to the
Southwest corner of t~ SouthPast 1/4 of the Southeast 1/4 01 said Sectio~ 11.
thence alonQ t~ West line of the Southeast 1/4 of tlhe Southeast 1/4 01 sa.o
Section 11. North 00'-22'-11" East b7.'1 feet to Ithe North riOht-of-wav l.n~ ~1
County Road C-89b (Pine Ridoe Road) as describeo on O.R. 89". p, 0169. Co! I.er
County Public Record., Collier County, Florida: thence alono sa.d North
riQht-of-way line North 89'-35'-20. Ea.t 424.23 leet to the POINT OF BEGINNING
of the parcel ~rein described,
Thence leavinQ .ide North riQht-of-way I,ne North
01'-08'-50" East 129b.7b feet,
Thence South 88'-'1'-10" East SOO.OO feet
Thence South 01'-OS'-50" West 30.00 feet
T~nce North 88'-'1'-10" We.t 250 feet
Thence South 01'-08'-'0" West b2'.00 feet
Thence 88'-'1'-10. East 250.00 feet to the West rlQht-of-way line
01 State Road S-31 (Airport Road), thence alono said west r'Oht-of-wa.
line South 01'-08'-'0" W.st 270.00 feet, thence leavinQ said West r'oht-
Of-way line North 88'-'1' -10" West 2'0.00 feet: thence South Olt-Oe -SO"
West 35b.80 feet to the said North riQht-ol-way lin. of County Road
C-8b9 (Pine Ridoe Road); thence alonQ .a.d North riOht-of-way line
South 89'-3"-20" West '50.21 feet to the Point 01 aeolnnlno 01 the
parcel ~rein described,
contalnlnQ 17.e~ acres 01 land Mor. or 1.~s;
subj.ct to ....m.nt. And r..trictions 01 r.cord
'00l 000 'l~~ 83
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AIRPORT
ROAD
\~ATER METER 6 BACKf'LOW PflEVENTOR
\ COLUER CO. UTILITIES SPECIFICATIONS
--
.(""...---"~ EXISTING
1 POWER POLE
iF UNOERGAOUl'IO
. ELECTRICAL SERVICE ( .
WATER 5 MIN.24 COVER)
,
, '
..~.
-........ . PIPE
~ IlOLlAR05
SA~T 6 REPAIR
EXISTING PAVEMENT
ORYWEU:
(SEE DETAIL)
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E:lttibit "C"
IlIOIl 000 PI'.~ 84
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APIlIL 5, 1994
AGREEKEfcr
I, Allan S. Abbey, as authorized "'lent Cor Petition CU-9J-2J,
agree to the follO'Jing stipulation" requested by the Collier
County Planning Commissic.1 in their publi~ hearing on February J,
1994.
1. The CUrrent Planning Manager may approve ninor changes in the
location, siting, or helght of uuiluings, structures, and
iaprove_nts authorized by the cc.nuitional use. Expansion of the
uses identified and approved within this pl~n 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 sUb::1ittal, including
Division J.J, Site Developoent Plan Review and approval, of the
Collier County Land Development Code (Ordinance /10. 91-102, as
a_oded) .
2. Prior to issuance of a final development order, approval from
the Collier County Public Health Unit Cor the onsite disposal oC
overage via the proposed drywell ~hall be provided, The approval
or exeaption shall be accoapanied '''Itn " .j(:tailed analysis of the
anticipated daily volume of water UiSpO~ill, the required loading
rate and the hydraulic conductivity of the soil which has been
signed and sealed by a F:orida Registered ProCessional Engineer,
3. The applicant sha 11 be requ ired to connect to the existing
sanitary sewer or water :nanagemcnt !"~ll:ti,,s if at any time the
dryveU system fails to perform sati';!,H;t<.JOIy,
4. The applicant shall be requir<"J to P"'/ road impact fees for
the structure at the snopping c:<:ntl.". '.It" vt ~2. 1 )0/1000 s'luare
feet of retail space.
5. Design and construction of thi" t.Jcility shall be in
coapliance with Ordinance 110. 88-7(" .IS .In<:nded,
EXHIBIT "U"
a* OCO Ylj, 85
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APIlIL 5. J 994
Petitioner or Agent
STATE OF FLORIDA
~'-n OF COLLIER
The foreqoing
day ot
Agree.ent lias acknowledged before 118 this
, 19 by
, who is ~onally
known to .e or who has
as identification and who
produced
did (did not) take an oath.
(Signature of Hotary Public)
(SEAL)
NOTARY PUBLIC
Serialfc~ission ,
My co.mission Expires:
~lkt~
STATE OF FLORIDA
COUJr1"Y OF COLLIER
The t~oill<}... Agreell8nt was ,.,~knovledged befot;:e 118 this .5...t)
day of ~~'." "'~ ' 19:!.L by f}r .dh<. A,/).N,I
, who is personally known to 118 or ,'!to has
pr~~~~ aG idQP~I';rat1on and who di~
(did not) take an oath, ~
S ) NOIlLCA A IOONi
NOrUY l'\illJc: STA'Ti 01' '1.otr1D
~ '<<), CC2tW12
WTiTJf_Nl:" to.. A'i<. ".I,,",
gnature of
/
~:J/~/'.'?,4
Notary Publ c)
/J ?~ ,I 'J<
NOTARY PUBLIe n
SerialfCo_ission, L'P ,J /5~' 7)-
My co_ission Expires: Si) }- /9("
EXHIBIT "D"
-2-
t* 000 rl~, 86