Ordinance 92-003 ORDINANCE NO. 92- 3 i-Z!
ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ~..'
STATION CONDITIONAL USE IN THE C-I{T ZONING
~STRICT FOR PROPERTY LOCATED iN sECTION 16,
52 SOUTH, RANGE 26 EAST, COLLIER COUNTY
; BY ESTABLISHING THE RELATIONSHIPS
BETWEEN ORDINANCES ARD RESOLUTIONS; AND BY
PROVIDING AN EFFECTIVE DATE.
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 establishes '.
Comprehensive Zoning 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 fire station Conditional Use in accordance with Subsection 2
of Section 2.6.9.(Essential Services) in a C-1/T zone for fire
statkon facility on the property hereinafter described, and has
found aa a matter of fact (Exhibit "A") that satisfactory provision
and arrangement has been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Developmeht 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 ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
'1--
SECTION ONE: Grant of Conditional Use.
The petition filed by Chief Charles McDonald of the Marco
Island Fire .C6ht~lX;Dls~£~T~ith- =eSl~Ot\tO. the property
~ib~t;"B, whX~h2AS/.attached ~er;~o and ~ncorporated by
refer~H~ 'here~' ' .....
;. ~ an~ ~e same is hereby approved for a fire station Conditional
~.~ae p6~nt t~nSubaez~lon-2.of Se=tion 2.6.~ (Essential Se~ices)
~:~.~'~a'~naCDe~elopment Code. in a C-1/T zoning district in
H~8~eogi~h-th~-C$~c~ptual~Master Plan (Exhibit "C")' and
~ibit "D" which is attached hereto and inco~orated by
.}~ SE~IO~,~O:-';: Relationship Between Ordinance and Resolution .. Granting Conditional Use.
'~'~ In ~e event that it should be dete~ined that the grant of
con~ttlonal uses should be by Resolution, ~hen this Ordinance shall
a Re~olutton for ~uch pu~ose.
~E: . Effective Date. ·
~ts 'O~nance shall become effective upon receipt of not,ce
gr~ the Secreta~ of State that this Ordinance has been filed wl~ "~"
Secret~ of State.
~ ~.L;;~.~ ~.; ;'. .' . .
~.~;P~SED ~D D~Y ~ED by the ~oard of Zoning Appeals of
~..*" B0~ OF ZONING APP~LS
· . C LLI~ C , F~RIDA
,; .. ~ , C~I~
CL~
~Is ordinance fi~ed wlth the
~ ~* Secreto~ of~tote's Offic~t~a
~day o~--, ~
~D LEG~ SUFFICIENCY= and ackno~edgement of that
~-91-1~ RESOL~ION
~/6575
~r)~-~"~I..il',"."'r.~~ 't';t'~" .
"~.I~.: ~' . · '
BY
CO~I~ CO~Y P~Z~C CO~S~IO"
Sa~on 2.6.~' Sa~vice~) of ~e ~nd Devlopmen2
C~a au~orized the condl:ional use.
Cran2~ ~a c°nd~[~nal: ": '
uhe will nok adversely a:fec:
':':; ~e public interesk and viii not adversely arrack other
S:~o~Y or..B~e~.,in.~e .same .d~str~ct or neig~orhood .-
~cause of =.,:-~.:-;. -
.A:[ .;Cons['sten~wl~ ~a ~nd Development Code and
.~..: .-. Gro~ Manag~ent Plan:
.... ~ '-~.~ Yes~ No -
,~4-;,= B ..... In.ess and e~ess ~o property and proposed ."
. .~t~ct~es thereon with parti~lar reference to .
'~" '::automotive and pedestrian ~afaty and convenience, ,~.
traffic flow and control, and access Jn case of
, . -. fire or catastrophe: ~ .
C"~-~~oring propertkes in relation to
': .6 noisW;%~larel)economic or odor effects:
.~t .or --_ Affect mitigated
' ~ Affec= cannot be mitigated
.
D, Compatibility ~lth adjacent propertie~ and
other property ~n the,~strict:
Compa2~bla.u~ within district
Yes
Base~ on the above f~nd~ngs, th~s conditional use should,
with st~pulatio~tachad) (should not) be
DATE: ~
C~I~
~.:'
r~Dx~c o~ ~ c~/~d
EXHIBIT
"' LEGAL DESCRIPTION
'?
Iff PIo~ 0oo~ ~ 'S; ~d~" ~4,' Public Reco~d~ o~ Co%:teC Coun~,
~O~VOOd D~tve and the ~o~th zloht-o~-vay line o[ Sa~ ~arca
-.~vq,(~.~.~e~'~YOO~.23'3~"Z 25.00 feet to ~be ~o~flt oC
'. - ~.~lEfl~;'thEnce continue N 00'23'32'~ alon~ t~e Ea:~
~ ,. ~.~eet~th~ce.N ~St21'~4'~-81.2t feet; thence ~
;-~K 8~.~3 .fee~ ~o the ~out~veat ri~ht-o~-va~ tin~ of Ua~g
~t~cu:Ce beln0 concave, to the ~ouChcaat, halving a c~ntrat ~ngle
~"~' - o~ 120' 03'16" and a. radlu~ o~ 2~.00 feet; thence in a
,- southezl~, =outhvcs[czl~ end ves~erlx direction oto~q the curve
... * *a~ a~. dL~%a~ce of 52.Ja feet to the P.T, ot said cugve, ~aid
polflC~elfl~*o~ thc flozth rl~hC-o[-va~ line et o[orcmentlofled
.., [~e ~ ~. o~ a cocfle~ cucvc~ nard curve ~elfl~ co~ave to the
~,' ~out~vc3t, havtn~ a cefltcdt anita o~ 90' O0'O0" afl4 a
,~.: .,',-; . 2~.00 feet; thence tn 4 vcstcrly, no:thve3te~ly and flo:thctly
dlzecclofl 41on0 the curve on dec di=tance o~ 39.2? Ccct to the
~oiflc ot ~C01nniA0~ contoinln~ l.~b dczca mo~e 'o~
,.:..,..
~, ?' . . ·
rsfl 3'27
............ AGREEMENT._
I, Chief Charles- ~cDonald, as . aut~orized agent for
:~P&tition ¢U-91-17, agree -to .... the-..following...stipulations
~ssted by the Collier C~Unty-'PIanning'Commission in their
hearing on December 19, 1991.
~a. The Planning Services-Manager, may o approve minor changes · ~ in the location, siting, or height of buildings,
, ".structurg~..aD~ improvements authorized by the provisional
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 provisional 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 No.
i ~' 91-102).
MANAGEMENT AND ENGINEERING:
'!developer and all subsequent landowners are hereby
~laced .'on notice that they are required to satisfy the
of all County ordinances or codes in effect
iprior to or concurrent with any subsequent development
relating to this site. This includes, but is not
i!~.limited to, Subdivision Master Plans, Site Development
Plans. and any other application that will result in the
~issuance of a final or final local development order.
UTILITIES:
a. "' Connection to the existing water and sewer facilities
within San Marco Drive right-of-way is required and must
be completely iljustrated on the final site plans.
Supporting engineering construction drawings shall be
provided showing location, configuration and size.
b. Prior to final SDP approval, a letter from Southern States
Water/Sewer District states that the District has reviewed
and approved the water and sewer facilities construction
documents for service to the project shall be submitted.
c. At the time of building permit submission, the applicant
shall provide a letter verifying compliance with County
Ordinance No. 80-112 regarding th~ aYailabllity and
adequacy of sewer service for the project.
ENVIRONMENTAL ~
a. Priorl-to.:fin~l .Sits Development Plan::app~val, a letter of
P~=:.':~'6 ob~Gc~ion f~o~ '.'Florida Game and' Fresh W~ter fish
;'. r~:"~=ommi~Sion t~ the ~rop0sed activity'as it affects the bald
~."!~?~6~itioner shall be subject to County environmental codes
in effect at the time of final Sits Development Plan
' a. The petitioner s~e11 submit a scale drawing showing
'~ p~oposed' traffic control signing in all directions. The
" c~2't:, of s~ch signin~ shall be bo~s b~ the petitioner.
All: s~gnage.or bther traffic control devises shall conform
tO;;the'Manual 0~ Uniform Traffic Control Devices,. Chapter
I'~'~' 3~6,0747, Florida. Statutes.-
b. The. County's Capital Improvement Plan dictates that the
intersection of San Marco Drive and Heathwood Drive will
i'. ' t be- fully signal controlled. In addition, turn lanes and
other traffic control improvements will be made. This
project will be commenced in the near future. The
· petitioner shall be responsible for coordinating with the ..
CO~nty~s::.Traff~c control Section as to the location and
"~:... '.'!...:-".,~nstallation .-of-- any conduit, controls or other
. .' improvements necessary .for a pre-empt of the traffic
: .signal in case of an alarm. The costs of these additional
/'.. ' .~aterials and devices shall be solely borne by the
petitioner. The ownership, maintenance and operation of
this ~ignal shall be with Collier County.
· c. The petit~oner sh~ll bs responsible for constructing
sidewalks on all roadway frontages in accordance with
.... . county standards.
~i, ~. . The petitioner shall provide arterial level street
lighting at all sSte'accesses.
~ s. Both sidewalks and street lighting shall be in place prior
to the ~ssuance of'a Certificate of Occupancy.
.]
-:3-
STATE OF Ft0RIDA
COUNTY OF COLLIER ).
'I, JAMES C.. GILES, Clerk of Courts ~n and for the
': 0rdlna~ce ~o.
atch':was'adopted by the Board of County Commlssmoners on
:~g~: .. · ...... .,;
~th day of JanuaryS" 1992, during Re~lar Session.
' "':""~,.:~ .... ' - "~'-"~I~
. . . .... .,,. .... ..t. .:.."... ..,.~ .'
'. .C°~ss~°ners, .. .. .~°f;. .,C°ll~er County, Florida, this 9th ."
'. ~ .~-..~ · ~, . , ; - a~=~o ~0 ~oar~ o~'
' ~ ' ~ .... ' Count Com ~" ....
- /. . . . .. /I..:~ ,,'.
;~: ." . , . - Deputy Clerk · . · , ...