Ordinance 92-067 ORDINANCE 92- 67
.~f/ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF
~zZz~justER HOUSING CONDITIONAL USE IN THE RSF-5
~"~-~'~ ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY
ESTABLISHING THE RELATIONSHIPS BETWEEN ORDINANCES
AND RESOLUTIONS GRANTING CONDITIONAL USES; 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 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 "5" in an RSF-5 zone for cjuster housing 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 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 ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
-1-
SECTION ONE: Grant of Conditional Use.
The petition filed by Mark W. Minor of Q. Grady Minor &
Associates, P.A. representing William Senkevich, Tempustech, Inc.,
with respect to the 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 "5" of the
RSF-5 zoning district for cjuster housing in accordance with the
Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
Water Mana~ement/Enainegrina;
1. Notwithstanding anything herein contained to the
contrary, all related Ordinances in effect at the time
approval is requested for a final development order
shall be required to comply with the requirements of
said related ordinances.
2. In accordance with the Rules of the South Florida
Water Management District, (SFW~D) Chapters 40E4 and
40E-40 and Ordinance No. 91-20, this project shall be
designed for a storm event of 3-day duration and
25-year return frequency.
1. Water distribution, sewage collection and transmission
and interim water and/or sewage treatment facilities
to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with
Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations.
2. All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the
County in accordance with the County's established
rates.
3. Verification of sewage treatment capacity pursuant to
Ordinance NO. 80-112 to service this project is
required and must accompany the final site plan.
1. Mangrove fringe shall be surveyed prior to
construction site plan approval and designated as a
conservation easement with protective covenants
pursuant to Florida Statute 704.06. Conservation
easement shall extend a minimum of ten (10) feet
landward of top of bank. Additional plantings of
native vegetation is encouraged.
2. Mangrove fringe shall be protected from impacts during
the construction process. Petitioner shall submit
protection plan with construction site plan submittal.
3. The location of any water management features shall
avoid impacts to mangroves.
4. Prior to the pre-construction meeting petitioner shall
obtain and submit documentation of all necessary
local, state and federal permits.
5. All cabbage palms and associated protected epiphytes
shall be retained or transplanted on site. Petitioner
shall address this on site clearing plan. Appropriate
tree removal permit fee shall be submitted to Project
Review Services with submittal.
6. No net loss of viable wetlands shall occur due to
shoreline hardening structures (e.g., rip-rap,
seawalls, etc.).
7. Any future proposed boat docks shall be subject to
Collier County Project Review Services environmental
review, and must be consistent with the Environmental
Advisory Council manatee protection guidelines and
r~quire approval by the Department of Natural
Resources Institute of Marine Mammal Research, St.
Petersburg, Florida.
8. The petitioners shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
9. Approval shall not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval (i.e. protected species
surveys, etc.).
Transportation:
1. A 25 ft. wide strip of land along the entire Bonita
Beach Road frontage shall be dedicated to Collier
County as a future right-of-way for roadway widening
and maintenance purposes.
2. Ingress and egress will be limited to right-in/
right-out inasmuch if no provision is to be made for a
median crossing when Bonita Beach Road is widened to
four lanes. Traffic signs will be placed to require a
counter-clockwise one-way movement around the main
drive entryway circle.
3. At such time as Bonita Beach Road is four-laned, the
entry should be reconfigured to assure that traffic
entering and exiting the development can turn in and
out safely. All costs of reworking the project entry
will be the sole responsibility of the developer, his
heirs, successors in title or interest or assigns.
The plat should be reviewed to assure that a suitable
notation to this effect appears thereon.
4. Work within Bonita Beach Road right-of-way shall meet
the requirements of Collier County Right-of-Way
Ordinance 82-91 and shall be coordinated with Lee
County Transportation Department's as well as Collier
County Project Review Services and Transportation
Department.
PlanninG:
1. The Planning Services 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
provisional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development
Review and approval, pursuant to the Collier County
Land Development Code.
2. In consideration of the reduced standards made
possible by the cjuster development option and a
companion petition V-92-12 the design of project and
related support improvements shall represent a common
architectural theme which evidence the following
common architectural elements:
a. The architectural style of all of the dwelling
units/structures shall be similar in design and
in the use of materials and color.
b. The residential project shall have a signature
entranceway that serve to identify an entryway to
a unified plan of development. The entranceway
design and improvement elements shall include
some or all of the following: The use of
landscape materials, gated structure, water
features, sculpture and ornamental pavement
surfaces.
c. A landscape theme throughout the entire project
that enhances the unified appearance of the
entire project.
._ d. Street materials, signage, lighting shall be
complimentary and the same throughout the
project's accessways.
At the time of application pursuant to Division 3.3 of
the Land Development Code, the applicant shall submit
plans and specifications which describe in detail all
of the development features which qualify the project
as a Common Architectural Theme project. The
Development Services Director may approve, disapprove
or advise which modification would be necessary to
qualify the project as a Common Architectural Theme
Project.
3. A decorative masonry wall eight (8) feet in height
shall be constructed along the mid point line of the
landscape buffer which may meander, and vegetation
planted on each side of the wall in accordance with
the landscape provisions of the Land Development Code.
SECTION TWO: Relationship Between Ordinance and Resolution
Granting Conditional Use.
In the event that it should be determined that the grant of
coDditional uses should be by resolution, then this Ordinance shall
constitute a resolution for such purpose.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed with
the Secretary of State.
-4-
PASSED AND DULY ADOPTED by the Board of Zoning Apgeals of
Collier County, Florida, this ~ day of
~~ , 1992.
BOARD OF ZONING APPEALS
COLLIER COUNTY; F~IDA
~:.' " . BY: , ( ~
"?:,,.. '""."'""~ ...." ~ ' '' MICHAEL J. VOL~ CHAIRMAN
~s. c'.'"~i.,s., "~cnm~
~: "...: ~..,.". ...... i.. >' ,<.~'
Ma~J~ie M; Studen~ Seq~a~ of
Assistant 'County Atto~ey ~ o~~
and ockn~,edg.men/~at
filingFe~ved
~-92-40RDIN~CE
-5-
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-6
The following facts are found:
.- 2.2.&.A and
1. Section 2.6.27.4 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 ~anageme9% Plan:
" Yes l/No
B. Ingress and egress to property and proposed
~structures thereon with particular reference to
~utomotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress/~ egress.
Yes- VNo
C. Affects neighboring propertkes in relation to
nois~, glare, economic or odor effects:
. V'No ~ffect .or ' Affect mitigated by
__ Affec~ cannot be mitigated
D. Compatibility with adjacent propertie~ and .'
other property in the district:
Compatible~e within district
· Yes ~/' No
Based on the above findings, this conditional use should,
with stipulations, (copy att~hed) (should not) be
reco ended for approval
FINDING OF FACT CHAIRMAN/md
m m
FINDING OF FACT
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE ~ETITION
FOR
The following facts are found:
2.2./,.4 and
1. Section 2.6.2 7.6 of the 'Land Development
Code authorized the conditiondl use.
2. Granting the conditional use ~ill not adversely affect
the public interest and ~ill not adversely affect other
· property or uses in the same district or neighborhood
because of:
A. Consi~tency ~ith the Land Development Code and
Growth Management Plan:
· Yes
B.' Ingress and' egress to property and proposed
structures thereon vith particular reference to
':automotive and pedestrian safety and convenience(
traffic flow and control, and access in case of'
fire or catastrophe:
Adequate ingres~ E egress
Yes U" No
C.Affects neighboring properties in relation to
noise, glare, economic or odor effects:
b/ No affect or -- Affect mitigated by
-- Affect .cannot be mitigated
D. Compatibility vith adjacent properties and
other property in the district:
Compatible u~e within district
Yes W' No
Based on the above findings, this conditional use should(
vith stipulations, (copy attached) (should not) be
DAT~- :rec°mmended~//~ ~f°r~- approval . ~-v~' --./.d~/~/./ / ]~.~.,~...~ ~
FINDING OF FACT MEMBER/md
FINDING OF FACT
BY
COLLIF~R COUNTY PLA~[ING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-92-~
The following facts are found:
- 2.2.4.4 and
1. Section 2.6.27.~ of the'Land Development
Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and ~ill not adversely affect other
.property or uses in the same district or.neighborhood
because of:
A.Consistency with the Land Development Code and
Grow°ch Management Plan:
~ Yes
B.' Ingress and egress to property and proposed
structures thereon vith particular reference to
%automotive and pedestrian safety and convenience,
traffic flor and control, and access in case of
.fire or catastrophe:
Adequate ingress ~ egress
Yes
C. Affects neighboring properties in relation to
noise~lare, economic or odor effects:
~ No affect or Affect mitigated by
__ Affectcannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatfbl~thin district
Yes No
Based on the above findings, this condItional use should(
~ith stipulations, (copy attache4) (should not)Be'
recommended for approval ~AZ_----- . .
FINDING OF F~T MEMBER/md
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COHMI$SION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
'2]2.A .'& and
1 · Section 2.6.2 7. ~. of the Land Development
Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
.property or uses in the same district or. neighborhood
because of:
A. Consistency~with the Land/Development CEde ~nd
Growth Management Pla~/ ·
Yes No
B.' Ingress and egress to property and proposed
structures thereon with particular reference to
':automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
· Adequate ing.r, es/& egress
C.Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or Affect mitigated b
-- . ,~ Affect .cannot be mitigated
D. Compatibility with adjacent properties and
other property in the ~/~trtct:
Compatible u~within district
Yes
with stipulations, (copy attached) ~ch~-"'~ ....
FINDING OF F~T MEMBER/md
FINDING OF tACT
BY
COLLIL~R COUNTY PLANNING COH/~IS$ION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
2.2.4.4 and
1. SeCtion 2.6.2?.4 of the Land Development
Code authorized the conditional use.
2. Granting the conditional use rill 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: ,/
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
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) b~---
DATE:fcc°emended for approvals/ /~- ,~./ ~~.
FINDING OF F~T MEMBER/md
FINDING OF FACT
COLLIER COUNTY PLA~NI}~G COMMISSION
FOR
A CONDITIONAL USE PF-TITION
FOR
The following facts are found:
2.2.4.4 an4
1. Section 2~6.27.& of the Land Development
Code authorized the c6nditional 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:
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
no~e, glare~ economic or odor effects:
~ ~o affect or Affect ~itigated by
/ ~ __Affec~a~not be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible ~se within district
Yes .,~ No
Based on the above findings, this conditional use should~
with stipulations, (copy attached)
recommended for approval
FINDING OF F~T MEMBER/md
FINDING OF FACT
BY
COLLIT-R COUNTY PLAN~ING CO~MI$SION
FOR
CONDITIONAL USE Ph~fITION
FOR
The following facts are found:
2.2.4.4
1. Section 2.6.27.6 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 ~anagement Plan:
Yes ,~, No
B.' Ingress and egress to property and proposed .' -..
structLLres 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 ~ithin district
Yes
Based on the above findings, this conditional use should~
with stipulations, (copy attac~ed) (should not) be
recommended for approval ,c~.~.. .
FINDING OF ~AL'T
EXHIBIT '
LEGAL DESCKIPTION (PROVIDED)
A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 48 SOUTH, KANGE 2~ EAST, COLLIER COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RAILROAD SPIKE MARKING THE NORTHEAST CORNER
OF SAID SECTION 6 RUN S 0(~06'36" E ALONG THE FAST LINE OF SAID
SECrION 6 A DISTANCE OF 57.57 FEET TO A CONCRETE MONUMENT
MARKING THE SOUTHERLY RIGHT-OF-WAY LINE OF BONITA BEACH ROAD;
;
THENCE S 89,32'44" W ALONG SAID RIGHT. OF-WAY LINE 219.23 FEET TO AN
IP, ON PIN; THENCE N 89"36'01" %V 1248.22 FEET TO THE INTERSECTION OF SAID
SOUTHERLY RIGHT-OF-WAY LINE AND THE MEAN HIGH WATER LINE. OF
LITTLE HICKOKY BAY AND THE POINT OF BEGINNING; THENCE ALONG SAID
MEAN HIGH WATER LINE S 62,23'23" W 10.40 FEET; - '
THENCE,'S 34,30'28" W 36.36 FEET; THENCE S 02'21'25" E 55.34 FEET;
THENCE S 71°01'25~ W 54.24 FEET; THENCE lq 87'48'00" W 101.19 FEET;
TI-[ENCE S 66°10'29" W 22.71 FEET; THENCE S 53'31'40" W 10.72 FEET;
THENCE S 32°:4'13~ W 30.96 FEET; THENCE S 24°44'03" '¢/32_39 FEET;
· .-..THENCE S 31°15'14'' W 36.44 FEET; THENCE S 55°05'54" W 30.35 FEET;
THENCE S 87~07'30" W 24.24 FEET; THENCE N 57,31'01" W 53.73 FEET; :'
- THENCE N 51'27'24" W 67.03 FEET; THE2qCE N 54'38'49" w 37.56 FEET;
THENCE N 70~52'49" W 43.70 FEET; THENCE N 66°02'40" W 25.47 FEET;
THENCE N 48~21'26~ W 92.21 FEET; THENCE N 61,2Y12" E 26.97 FEET;
· ' THENCE N 16'35'59" E 30.35 FEET; THENCE N 69"46'42" W 6.76 FEET;
THENCE S 66°42'00" W 14.98 FEET; THENCE N 44°42'19" W 21.21 FEET TO THE
SOURLY RIGHT. OF-WAY IZNE OF BONITA BEACH ROAD; THENCE S
89"4I'41" E ALONG SAID RIGHT-OF.WAY LINE 38.73 FEET TO A CONCRETE
MONUM:F~NT; THENCE S 89"15'01" E 533.47 FEET TO THE PO/aNT OF BEG/aNNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 75347 SQUARE FEET
OR 1.73 ACRES OF LAND. BASED ON A MEAN HIGH WATER ELEVATION OF
1.10 N.G.V.D. LOCATED ON FEBRUARY 13, 1989.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS O'F RECORD.
F:SBC
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 92-67
which w=s adopted by the Board of County Comm~ssioners on
the 8th day of September, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 9th
day of September, 1992.
JAMES C, GILES - '. '
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
B~: /S/ aureen Kenyon ~: /
Deputy Clerk · '"