Resolution 1994-533
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JULY 26. 1994
RESOU;Tro;: 91,- -'-~
A RESOLUTiOH PRo.nor:;::; FOR THE ESTABLISHHEliT OF
EXP-ANSIO:J TO AN EXISTiNG Sr,.;;'.GE TPEATHENT PLAH'I'
CONDI'I'IOHAL USE IN THE RSF-] ZO;:ING DISTRICT
PURSUANT TO SCBSECTION 2.6.9.2 OF THE COLLIER
COl.JHTY LAllI) OEVELOP;1EliT CO::JE FOR PROPERT'{ LOCATED
IN SECTIOSS 27 A~;u 28, TOI'i!lSHIP 0 SOUTH, RANGE
26 EAS:', COLLIER COCNT'l, FLORIDl"
WHEREAS, the Legislat~re of the Sta~~ of Florida in Chapter
67-1246, Laws of Florida, and Ch~ptcr 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 (Ordinanse No. 91-102) ~hich includes a
Comprehensive zoning Ordinance establishing regulations for the
zoning of particular geo9raphic divisions of the County, among
which is the granting of Conditional Cses; a::d
WHEREAS, the Collie::: County Pla:1ning ComT.lission, being the
duly appointed and constituted planning ~oard for the area he:::eby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability
of a Conditional Use of Subsection 2.6.9.2 of the Land Development
Code in an RSF-) zone for an expansion to an existing sewage
treatment plant on the property hereinafter described, and hns
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 me~ting assembled and the Board
having considered all ~atters pr~sented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONIIIG APPEALS
of Collier County, Florida that:
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JULY 26, 1994
The petition filed by Gregory R. Cra',.'f-:>rd of Hartn-'ln &-
Associates, Inc., rnpresenting Floridn Cities ~~~er conpany, with
respect to the property hereinafter described aG:
Exhibit "B" which is attached hereto and incorporated by
reference ,herein.
be and the same is hereby approved :or a Conditional Use of
Subsection 2_6.9.2 of the Land Development Code in the RSF-3 zoning
district for an expansion to an existing sewage treatment plant in
accordance with the conceptual !.\aster Plan (EXhibit "C") and
subject to the fOllowing condition~:
1. FOiC shall install a landscape buffer around the entire
perimeter of the Golden Gate Wastewater treat~ent plant,
At, the time of installation, the plantings along
Tropi=ana Blvd. and 32nd hvcn~e So~thwest shall be 5 fe~t
in height and spaced 5 feet on center. The plants shall
be approxi~ately 4 feet wide at the time of planting.
The landscaping shall :-.eet the nin ir;' -.llTt requirements set
forth in iUtcrnati'.re B of the Colli(:r County Land
Development Code 'dithin six i:\onths to .:!. year of planting,
FCWC -dill na}~e application '.-lith the COl.:nty for a pernit
to install the necessary irrigation system prior to the
July 26, 1994 County Commission neeting,
This buffer shall be conpleted within thirty days of
beginning installation.
2. FCWC ....ill provide supplemental landscaping in the
southwest quadrant of the site, above and beyond what is
required in Alternative B. The supplemental landscaping
shall be a he:ght of six (G) feet at the time of planting
and shall include canopy trees 0: a type that will
achieve a minimun height of 14 to 16 feet by Jl.:ly of
1997.
3. FC,;C shall install a one-'tlay, semi-circular drive....ay
which will reduce noise lev~l~ associated with truck
traffic by allowing trucks servicing the facility to
enter and exit the plant with less maneuvering. Th~
drivew~y shall be complet~d no Inter than nine months
after commencemcnt of cons~ruction on the i~provemcnts.
4. The construction associated with the conditional use
perMit shall include noise abatement improvemcntR which
will be mace to the blower~ and generator so that they do
not exceed those thresholds regulated by the County's
Noise Ordinance. Except during reasonable emergency
conditions, the generator will only f~nction between the
hours of 9:00 a.m. and 4:00 p.m., Monday through Friday.
Said improvements shall be conpleted as part of the
overall construction project, b~t in any event no later
than 9 ~Qnths from the start of constr~ction.
5. When the plant exceeds its existing 7S0,OOO g.p,d.
capacity or within 9 months fro~ the start o~
construction, whichevcr comes first, FCWC ,,,ill install a
scrubber or other odor control mechanism which functions
as well as or better than a scrubber which constitutes
the utilization of best available technology.
o~ ~C. a
-2-
JULY 2&, 1994
6. FCWC shall provi~Q s~ieldi 1. ~nlch ~hields lights ~w~y
frc~ residential ar0a~ to h0 ~~:~i~u~ 0zt~nt p~ssible
without cc~pronising e~~:::a or s~fety. en the lights ~hich
illu~inat~ the prcs~ssing ~~ks at ni~ht. Centrol
switches ~ill be installed so th~~ plant operators ~rc
able to turn off lights ~h0n they ~re not needed and
plant operators will turn off the ~ights ~her. not :1ceded.
7. Upon co!!',plation of the i;;-,pro."e:nents to the plant. FC;'IC
shall arrange from an in~ependcnt engineer, or other
qualified technician to tal:e hinonthly readir.-:;s from
properties iMmediately adjacent to the plant over a six
month period to insure th~t the noise levels of the plant
are at or below Collier co~nty's requirements. A
community representative fro-m the Golden Gate ci';ic
Association or other group as -may be appointed by the
County COMmission, may be present during the testing.
FQ,C shall provide ten (10) days ~ritten notice of such
tests to the designated group or association and a
co;;u;lUnity representative ;;,.ay be present. If during any
one of the three tests, the noise levels at the Golden
Gate facility exceeds the noise levels established by
collier County regulations, the residents may petition
the Board of Zoning Appeals for further proceedings to
consider the imposition of additional -mitigating
conditions.
8. Once the wastewater treatnent plant reaches a capacity of
1.500,000 g.p.d., no further increase in capacity shall
be permitted on this site. This docs not, ho~ever.
preclude additional structures and/or impro./ements
necessitated by changing law or technology to keep the
plant functioning at or belo~ the 1,500,000 g.p.d. level.
9. A representative of FC',;C ',;ill me'3t ....::..th the Golden Gate
Civic Association, or other group as -may be designated by
the County commission, on a bi-nonthly b~sis during
cor.struction. Thereafter, area residents may meet with a
FCWC representative on the second l10nday of every month
at its already scheduled meetings with the Golden Gate
Water Utility Committee.
10. When the existing holding tanks n0xt r0quire painting,
FC'HC will receive input frorr. area residents regarding the
color of the tanks. FCWC will paint the tan~s a
reasonable color agreed upon with the group referred to
in number 9 above.
f1.Nonco~pliance with ~hYdf th~cond~tion5 of the
conditional use permit imposed by the County Commission
shall result in further proceedings before the Board of
County commissioners or an appropriate code enforcemcnt
board.
12. Asphaltic sidewalk/bike path shall bc constructcd along
the west side of Tropicana Boulevard and north side of
32nd Avenue S.W. adjacent the subject property on or
before issuance of a Certificate of occupancy/Completion
of digester facility plant addition.
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JULY 26, 1994
BE IT FURTHER RESOLVED that this R0solution be recorded in the
minutes of this Board.
Commissioner
Silunoers
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
AYES: Commissioner Saunde~s, Commissioner "orris, Commissioner Volp~,
Commissioner Matthe~3, and Cornmis3ioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
July
26th
, 1994.
day of
Done this
ATTEST:,'
DWIGHT E. BROCK, CLEP~
/
BOARD OF/ZONING APPEALS
COLLIER COUNTY, FLOR A \
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BY:"-....... Ii/IUd, n. ,.."f'-7~
Tp-lOllH'I J\ \ 1mlS~NTINE,
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CHAIRMAN
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';'APPROVED.'AS Td~ FORM AND
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~EGAL SUFFICIENCY:
Col, . I,
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'7rl~1 At, .~~;.. J/l .tJo..!./lj'!,{Lt.
MARJORIE M. STUDENT
ASSISTANT COL~~TY ATTORNEY
CU-94-1 RESOLUTION
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JULY 26, 1994
F::ND:a.G OF FACT
BY
COLLIER COUNTY PLA:mI!iG cC:'r1~:SSIC!;
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-1
The following facts are found:
1. Section 2.6.9.2 of the Land Devlopncnt Code authorized
the conditional use.
2. Granting the conditional t1se 'will :1ot ad./ersely affect
the public i~terest and will not adversely affect othe:::
property or uses in the sane district or neighborhood
because of:
A. consistency viith the Land Development Code and
Growth Hanagement Plav
Yes i/" 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 ~gress
Yes ~ t-;o
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
No affect or ~ Affect miticated by ,/~~~~~~~'l--
----- Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible use within d~trict
Yes No ~
Based on the above findings, this c~ should,
with stipulations, (copy attached) ~shotlld nc:S)---O' e ~-'
recommended for approval ---~-- 0
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DATE: ~ 7/ 7 / '7L/ C:-i,\::R'vJ,i;- ///{ c" L /(( A, /~ 7?;--c_ <--<---,
I
FINDING OF FACT CHAIRl-:AN/md p~"7~..s
- Exhibit' "A"
JULY 26, 1994
LEGAL DESCRI P:'IO:;
ALL OF BLOCKS 255, 257 1-.HD 258, THE 20 FOOT '''IDE ALLEY
BETWEEN BLOCKS 255, 257 AND 258. ALL OF 31ST AVEtiUE
SOUTHWEST BOUNDED BY BLOCK 258 MID THE '"EST RIGHT-OF-;'IAY LINE
OF TROPICANA BO~LEVARD,ACCORDING TO THE PLAT OF GOLDEN GATE
UNIT 7, A SUBDIVISION OF PORTIONS OF SECTIONS 27 MID 28,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER com.TY, FLORIDA,
RECORDED IN PLAT BOOK 5, AT PAGES ~35 THROUGH 146 OF THE
PUBLIC RECORDS OF COLLIER com::,y, FLORIDA.
O~1?b
EXHIBIT "B"
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