Resolution 1994-424
JUNE 14, 1994
RESOLUTION 94-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "2" IN THE "E" ESTATES ZONING
DISTRICT PURSUANT TO SUBSECTION 2.2.3.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 29, 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
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 Conditional Use "2" of Subsection 2.2.3.3 in an "E" Estates zone
for a social organization on the property hereinafter described,
and has found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement has been made concQrning 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:
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JUNE 14, 1994
The petition filed by Fred Rathgeber representing Naples
Bridge Center, Inc., with respect to the property hereinafter
described as:
The East 150 feet of Tract 75, Unit 30, Golden Gate Estates,
according to the Plat thereof, as recorded in Plat Book 7,
Page 58, of the Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "2" of
Subsection 2.2.3.3 of the "E" Estates zoning district for expansion
of the Naples Bridge Center in accordance with the Conceptual
Master Plan (Exhibit "B") and subject to the following conditions:
1. 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 Colliet County Land
Development Code (Ordinance No. 91-102).
2. This project shall be required to meet all County
ordinances in effect at the time final construction
documents are submitted for development approval.
3. Detailed paving, grading, site drainage, and utility
plans shall be submitted to Project Plan Review for
review. No construction permits shall be issued
unless and until approval of the proposed construction
in accordance with the submitted plans is granted by
Project Plan Review.
4. Prior to Site Development Plan approval, a letter from
the Collier County Public Health Unit approving the
existing septic system capacity shall be provided to
Project Plan Review.
5. All native vegetation (i.e., pines, palmettos, etc.)
that fall within the interior land~cape islands or can
be retained for exterior or perimeter islands shall be
retained.
6. No new median openings on Golden Gate Parkway shall be
provided to serve this project.
7. Arterial level street lighting shall be provided by
the Petitioner at the project entrance prior to the-
issuance of a Certificate of Occupancy for the
expanded building.
8. A minimum radius of 50 feet shall be provided at both
sides of the entrance drive. Collier County
Transportation Services reserves the right to require
an additional westbound right turn lane if warranted
by operational conditions.
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9.
JUNE 14, 1994
An additional 40 feet of depth along the entire
frontage of the subject property shall be reserved for
future road right-of-way purposes. No expansion of
the existing drainfield shall be permitted within the
40 feet of depth.
10.
Per the Collier County Land Development Code, all
prohibited exotic species shall be removed from the
site prior to the issuance of a Certificate of
Occupancy.
The proposed draft well shall provide a m~n~mum of 500
gallons per minute of water flow (Reference: NFPA 1231
and Collier County Ordinance No. 92-72).
The Naples Bridge Center, Inc., shall not lease the
facilities which are the subject of this Conditional
Use to other organizations for a purpose different
than that which is the purpose of the Naples Bridge
Center, Inc., in its articles of incorporation.
11.
12.
13.
The Naples Bridge Center, Inc., agrees to participate
in the cost of constructing an adequate potable water
distribution transmission line along Golden Gate
Parkway at such time as Collier County undertakes such
a capital project.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Norr-is
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Volpe
and upon roll call, the vote was:
AYES:
Commissioner- Noccis,. Commissioner- Volpe, Commissioner- Saunder-s,
Commissioner- Matthews and Commissioner- Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
14th
day of
June
, 1994.
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CHAIRMAN
711t~'lno muLtd.
MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-13 RESOLUTION/11693
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-93-13
The following facts are found:
1. section 2.2.3.3.2 of the Land Devloprnent
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
nois~ 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 distr~ct
Yes V No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (~ho~r~notj be .w
recommended for approval .
DATE: -:;fIt} / '11 CHAIImAN---;/?~"C'<i"t.t I( t:.'-U).~
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EXHIBIT "A"
FINDING OF FACT CHAIRHAN /md &ODK 000 P~G~ 103