Resolution 1994-684
SEP 1 3 1994
RESOLUTION 94-~4
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "23" IN THE A ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTION 13, TOWNSHIP 52 SOUTH, RANGE 28 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 publici 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 Usesi 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 "23" of Section 2.2.2.3. in an "A" zone for a
museum 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 RESOLVED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
aODK OOoPk1185
SEP 1 3 199't
The petition filed by Ronald J. LaFlamme of LaFlamme
Architectural Design corporation, representing James Billie, 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 "23" of
Section 2.2.2.3. of the "A" zoning district for a museum in
accordance with the Conceptual Master Plan (Exhibit "C") and
subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Mrr.l"'rhl3luQ
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Volpe
and upon roll call, the vote was:
AYES:Commissionec Matthews, Commissioner Volpe, Commissionec Noccis,
Commissioner Saunders and Commissionec Constantire
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
13th
, 1994.
September
day of
AT:rEST: . v
DWIGHT E. BROCK;' CLERK
. .r'
/'
AP OVED AS TO ~OrtM AND
LEGAL SUFFICIENCY:
',,' .
J'nn/t..lh..lt . Y'n. J}{.l v:/< if I...
MARJOgIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-4 RESOLUTION/11561 aOOK
000 PA~[ 186
-2-
"
-"'./ ....
SEP 1 3 ~
"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-4
The following facts are found:
1. section 2.2.2.3.22 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 Managemen~ Plan:
YeS~No_
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' c/ No
- -
B.
Af;::)? neighboring properties in relation to
no~'uglare, economic or odor effects:
_____ No affect or _ Affect mitigated by
. Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in thejUstrict:
compatible~ ~ithin district
Yes No
- -
C.
Based on the above findings, this conditional use should,
with stipulations, (copy attached) ('~'_)be ~
recommended for approval .
DATE: i J 3 Jq cf CHAIRMAN: ~
Exhibit "A"
FINDING OF FACT CHAIRMAN Imd 000 18
aOOK PAG[ 7
. '-\
\'
'\ /~
~ \
~?f~/~'" \
. /", '\
,,,. \
.1 STATE RO 00)
>,j.;.-
\
" .~ 'f
,
, ..
.'.
~SUBJECT~
. ' PARCEL .
\
\,
:'\
. \
\
\
. "..\'
.. '.. .... ~:." ....
~,:'.. :.:"', ~/:' .:.:):I!I,?~ . .
,SEP 1 3 194
.!' .
....
, .
. SEP f 3 1994 .'
roo
: ilJ
ilJ
~I ii~ ii~
~i ~~~ ~~~
~
aOOK 000 PA'~\ 189
~
z-
EXHIBIT "C"
I BITE ';;"""""'''''A"",",,,I """"'" ". Sfil~ll":;> .'...:.:.'.:.:':..."...'..':.:':..'
r=I\.IrV'\'''''''' ~ . e ... '0 ':In~:.u!:el:i>:
" ~ll l:::~:r\.rrr~:
. OLD WEAVER STATION 11!~l~ }\..::::..:.,',.y~,..'.":,.:
," . U ~!lO ARCI-ITECTUW- .
U.B. HGHWAY t41 CST. AD. 90) TAMW.I.TRAL.' .1I If:: _N..E.
COLLER ~ ~rTV A..OAIDA ..' Pf-OEr Htoo-368-7315 r 'I B ~ i .. f'T.1..AlIXR
"""""'''', :'.' . ._ . !:JIl111l1 I'tOEl305J77Hlt
.SEP , 3 !J9t
.....,
P.GREEMENT
I, Ronald J. LaFlemme, as owner or authorized agent for
Petition CU-94-4, agree to the following stipulations requested
by the Collier County Planning Commission in their public
hearing on August 4, 1994.
PLANNING:
a. 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 Collier
County Land Development Code (Ordinance No. 91-102).
ENVIRONMENTAL:
a. Permits or letters of exemption from the U.S. Army Corps
of Engineers (ACOE), Florida Department of Environmental
Protection (DEP) and South Florida Water Management
District (SFWMD) shall be presented prior to final site
devel?pment plan approval.
b. Upon approval by the Board of County Commissioners, this
rezone and conditional use are subject to a forty-five
(45) day appeal period by the Florida Department of
Community Affairs pursuant to Chapter 9J-1 of the Florida
Statutes.
c. This review constitutes a special treatment (ST) review
and approval pursuant to Section 2.2.24 of the Collier
County Land Development Code (CCLDC).
TRANSPORTATION:
a. In consideration of travel speeds and overall safety, we
recommend, subject to FDOT concurrence, the installation
of a westbound left turn lane. it appears that there is
sufficient existing pavement to create the turn lane by
performing an overlay and re-striping without having to
construct additional pavement. If there is no requirement
aOOK 000 PA,>[ 190
Exhibit liD"
O(Ll~ (IV /1 (
. ~7~~ ;::.::'-!..... ";'~:/~7'1':1? ,t. "~'~':"-::~~"~'-" ,.... r.. "," 'T~.'; ..
.. .. .... ~..... ...
f'J'.
....'
SEP f 3 f99iJ
from the FDOT for the immediate installation of westbound
left turn lane, the County, in concert with FOOT, reserves
the right to request turn lanes if traffic or operational
conditions warrant same.
b. If there are to be activities on the site after sunset, or
after 5:00 PM in Peak Season, the Applicant shall install
arterial level street lighting at the project entrances.
c. The site plan depicts parking within the FDOT right-ofway.
The Applicant shall provide evidence that such parking has
been permitted by the DOT.
o II/J '-1/ --I /
I~,/.;.(~,(/,,' A.... ~_________
~ETITIONER OR AGENT
STATE OF FLORIDA
COUNTY OF COLLIER
1~t...fPI,",?~'
The foregoing Agre~ent Sheet was aCknpwledged~efOre me this ~t!1
day of rtU..J, l~ , 1994 by J.>fb. - J-1'IS'-7~"rt=-J. /;n. -(), who is
personall~n to me or who has produced ~
as identification.
0.l-~ ~ ~*~
(SCtnatur~ of Notary Public) .
.e..c.\ J /' c- 1('. r()C\ \1"1- \ Y\
NOTARY PUBLIC
Commission I (1(l nS9Cr>5Cj
My Commission Explres:
STATE OF FLORIDA
COUNTY OF COLLIER
aoaK OOOf'AGI191
'.
r,'..'/.j i"C,;'..,:'':',,:'
..:" !. :.~ . .
..
;
)
/
".
SEP 1 3 199't
The foregoing Agreement Sheet was acknowledged before
day of (j.v-<A,~' 1994 by /JI"'~!..u//l "PfHJ"
personally known €o me or who-~prodoced
as identification.
me this fL '/2'
whC;--U;
11603
&OOK OOOf'A~192
("- c:. 'J.- f J '7i 7'-'
Expires: V/;Y "/70