Ordinance 91-108 ORDINANCE NO. 91- 108
AN ORDINANCE PROVIDING f'OR THE ESTABLISHMENT Of ...
MARINA AND BOAT RAMPS CONDITIONAL USE IN THE CF
ZONING DISTRICT FOR PROPERTY LOCATED IN SECTION
17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; BY ESTABLISHING THE RELATION-
SHIPS BETWEEN ORDINANCES AND RESOLUTIONS GRANTING
CONDITIONAL USES; AND BY PROVIDING AN EFFECTIVE
DATE.
%~EREAS, the Legislature of the State of Florida in Chapter
67-12~.6, 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
neces~ary for the protection of the public; and
%~EREAS, the County pursuant thereto has adopted a Land
Development Code establishing regulations for the zoning of
particular geographic divisions of the County, among which is
the granting of Conditional Uses; and
%~EREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area
herebs, affected, has held a public hearing after notice as in
said regulations made and provided, and has considered the
advis~bility of Conditional Use "6" in a CF zone for a marina
and begat ramps on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement has been made ccncerning all
applicable matters required by said regulations and in
accor¢iance with Subsection 2.7.7.4 of the zoning Regulations for
the Collier County Planning Commission; and
~EREAS, 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.
5OW, THEREFORE BE IT ORDAINED BY THE BOARD OF ,.ONIN~b
I~'
APPEALS of Collier County, Florida that:
SECTICN ONE: Grant of Conditional Use.
· h~ petition filed by Danie.[ Johnson of Gee & Jensen,~"~^
representinq Collier County Public Services Department with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated
by refere~lce herein
be and~ the same is hereby approved for Conditional Use "6" of
the CF zoning district for a marina and boat ramp in accordance
with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
· ~xhibit "D" which is attached hereto and incorporated by
zeference herein.
SECTIC,N TWO: Relationship Between Ordinance And Resolution
Granting Conditional Use.
In the event that it should be determined that the grant of
conditional 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.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Collier County, Florida, this 1Ut~ day of Dec~er , 1991.
December 10, 1991
~DATED: ~ .... .
-.:~ . AT~.~T~ · ' ~,d::- BOARD OF ZONING APPEALS
JAMES ~-. GILES,"~.~lerk COLLIER COUNTY, FLORIDA
Approved as. to form and
legal sufficiency:
This ordinomce filed w.th the'
filinn re<eived t)'.l.L~ day
-2-
COLLIER COUNTY Pt'.ANNTNG COMMISSION
;... ' FOR .
A PROVISIONAL USE PETITION
FOR
PU-90-3I
The following facts are found: "
1. Section 7.7 b.]) (b) of the Zoning Ordinance
authorized the provisional use.
2. Granting the provisional 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 th~ Comprehensive Plan:
Complies with.Co/prehensive Plan
Yes G-'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 ingres~& egress
Yes %/ No
'C. Affects neighboring properties in relation to
nois~/, .glare, economic or odor effects:
A/ No affect or . ·Affect mit!garbed by
Affect cannot be mitigated
D. General compatibility with adjacent properties and
other property in the district:
Comoatible u~within district
' Yes ~/~o
Bas.~d on the above findings, this provisional use should,
with stipulations, (copy att~4:hed} (should not) be
recommended f~r approval_~_ IJ ~r~--~ . ~~ /
FINDING OF FACT MEMBER
LEGAL 'DESCRIP'I':ION
Fro~ the northeast corner of Conklin Point, a~ recorded in
Boo'¢ a, aC page 16, public records of ~olliez~ County, Florida,
run S 00°26'00'' £ along the easterly line of :~aid Conklin Point
for 126.73 feet to a point of curvature~ thence run southerly
along the arc of a curve to the right of radius 1860.08 feet
(delta angle 07017'52", chord distance 236.76 feet, chcrd bearing
S 0]°12'56" W] for 236.92 feet to a point of tangency; thence run
$ 05°51'52" W along said easterly line for 150.00 feet to a point
of curwature: thence run southerly along said easterly line along
the arc of a curve to the left of radius 1960.08 feet, (delta
an~le 07017'52", chord distance 249.49 feet, chord bearing S
03 ~2~56" W) for 249.66 feet= thence run $ 00026,00" E along said
easterly line for 139.49 feet to the southeast,fly corner of said
Con,lin Point; thence run $ 89°16'10" W along the southerly l~ne
of said Conklin Point for 285.00 feet= thence run N 00°26'00" W
for 692.99 feet= thence run S ~9°16'10# W for [95.00 feet= thence
run H 00026'00" W for'20?.O0 feet to the ~ortherly line of said
Conklin Point; thence run H 89°16'10" £ for 530.00 feet along the
said northerly line to the northeast corner of said Conklin
EXHIBIT "B"
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c~ ~°o ooo ~9 ~ o
PU-90-31
EXHIBIT "C"
- WIOGINS PASS MAnI!JA
~GR E EM ENT
I. Daniel Johnson of Gee & Jensen, as authorized agent for
Petition PU-90-31, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on August 15, 1991.
1. A copy of SFWMD Permit or Early Work Permit is
required prior to construction plan approval.
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. In accordance with the Rules of the South Florida
Water Management District, (SF~D) Chapters 40E4 and
40E-40, this project shall be designed for a storm
event of 3-day duration and 25-year return frequency.
4 Connection to the existing water and sewer facilities
construction on Vanderbilt Drive right-of-way is
required and must be completely iljustrated on the
final site plan and supporting engineering
construction drawings as to location, configuration
and size.
5 'Prior to preliminary site plan approval, petitioner
shall submit a letter of no objection from the FGFWFC
regarding wildlife concerns, specifically the Bald
Eagle. Should wildlife concerns exist, appropriate
protective measures shall be incorporated into the
site plan review process.
6 Petitioner shall propose Manatee protection measures,
such as educational displays and precautions to be
taken during the construction proc,ss.
7 petitioner shall indicate on the sits plan (by
location and species) any vegetation that may be
impacted by the proposed marina/ramp.
8 Petitioner shall submit water quality monitoring
plans to Project Review Services Environmental Staff.
EXHIBIT "~"
0
.
'. ~,.. If fueling facilities are proposed now or in the
i future, petitioner shall propose measures to contain
~ spills from on-landnequipment and contain spills that
~ may occur in the wa r.
~,:,wo~ TO ~D SUBSCRIBED BEfORe- ME ~S ',~:~~ O~
3,~ ~'~ , !991.
.. NOT~Y PUBLIC
MY COI~{ISSION EXPIRES: ';'.::.:0 T~;~.'"'*"; "t '"%
REPRESENTATIVE FOR C~PC
~;wo~ ~o ~ s~sc~ ~o~
NOT~Y P~B~IC
~ COI~ISSION EXPIRES:
PU-90--31 AGREEMENT SHEET
?~ nb/48:;3
,oo, rso ~,~: 103'
STARE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twe:~tieth 3udicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-108
which was adopted by the Board of County Commissioners on
the 10th day of December, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 10th
day of December, 1991.
JAMES C. GILES
Clerk of Courts and Clerk .' ". ,.
Ex-officio to Board of ..'.~ -,.. .
County Commissioners
Deputy Clerk