Resolution 2005-171
RESOLUTION NO. 05- ~7~
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING I'OR TIlE ESTABLlSIIMENT OF CONDITIONAL
lJSE "C" FOR A MASTER PUMP STATION ESSENTIAL
SERVICE IN THE "E" ESTATES ZONING DISTRICT
PURSUANT TO SUBSECTION 2.10.13.G.\ OF TilE COLLIER
COUNTY LAND DEVELOPMENT CODE, AS AMENDED, TO
BE LOCATED ON PROPERTY SOUTH OF IMMOKALEE
ROAD LESS THAN Y2 MILE WEST OF WILSON BOULEVARD
IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, thc Legislature of thc Statc of Florida in Chaptcr 67-1246, Laws of Florida,
and Chapter 125, Florida Statutcs, has conferred on Collier County thc power to establish,
coordinatc and enforcc zoning and such business regulations as arc necessary for thc protcction
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Codc
(Ordinance No. 2004-41), as amended, 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 Hoard of Zoning Appeals (Board), bcing the duly appointcd and
constituted planning board for the area hereby affected, has held a public hearing alter notice as
in said regulations made and provided, and has considered the advisability of a Conditional Use
"C" of Subsection 2.01.03.G. I of the Collier County Land Development Code, or successor
provision, for a master pump station essential service in an "E" Estates Zoning District on thc
property hereinafter described, and the Collier County Planning Commission has found as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement have 'becn made
concerning all applicable matters required by said regulations and in accordance with Subsection
10.08.00 of the Land Development Code, or successor provision, 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:
The petition filed by Brian Nelson, AS LA, of Agnoli, Barber and Brundage, Inc.
representing the Collier County Public Utilities Engineering Department with respect to
the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein be and the same
is hereby approved for a Conditional Use "C" of Subsection 2.0] .03.G.1. of the Collier
County Land Development Code, or successor provision, for a master pump station
cssential service in the "E" Estates Zoning District in accordance with the Conceptual
Mastcr 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.
This Resolution adoptep after motion, second and super-majority vote.
I
.J l _ day of
Done this
/;/; , I
I
,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: ~,,-L w. (,,--,..J~
FRED W. COYLE, CH~AN
ATTEST' ';' U 'f.'~~ .
.\ ..... i),
~ " . '. .~,
DWIGHT E. BROCK,',CLERK
. \' I',.
-:;:;: .""
.~'. "i!,~'~:'~'
A~t;J[t.'~t. bG
It~d"~F6r~ and
Legal Sufficiency:
7h--~ ,J 'ofl. {Jtu."fc-u.t
Marjor' M. Student
Assistant County Attorney
CU-2004-AR-6090/MJD/sp
Page 2 of2
Item #
/'1 P,
Agenda ~ . Zb ./'C
Date v-'
Date ILl.1 -05
Rec'd
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.1 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 Management Plan:
YesL 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 offire or catastrophe:
Adequate ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
...L... 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
YesL No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval--.APP2Ot1tD
DATE: 4 /rr /05
CHAIRMAN: PJ ;1 &JJ
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
I. Subsection 2.01.03.G.1 of the Land Development Code authorized the conditional lise.
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:
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 ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
1- 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
YesL No
Based on the above findings, this conditional use should, with s~ipulations, (copy attached)
.'
(should not) be recommended for approval .
DATE: ~JI:
MEMBER: L
I \:> 1\: ,/_ 'I j i--'\~)~l.-~
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.I 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 Management Plan:
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 ingress & egress
Yes v' No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or V' Affect mitigated by \-3... ~ So"" ~IA~ {'c-
_ Affect canoot 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@"miid} with stipulations, (copy attached)
(should not) be recommended for approval
DATE: t..( - 1 - D ..;
MEMBER:i^I)~ P ~
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004.AR-6090
The following facts are found:
I. Subsection 2.01.03.G.l 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 Management Plan:
YesL 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 cat~strophe:
Adequate ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o 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 V' No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE: 4/ 1 / b "'-
MEMBER:
J~~
l
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
I. Subsection 2.01.03.G.I 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 D/lopment Code and Growth Management Plan:
YesL 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 & egress
Yes./ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
ho 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 t/ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
MEMBER:,~.e 1 {/ /tC ././<.)7/-
EXHlBIT"A" ~::==-
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.l 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 Management Plan:
Yes'f 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 & egress
Yes V No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
v' 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) be recommended for approval
DATE: 11/ '7
I _
J:>
CHAIRMAN: ;, , {. !ill<
f2 t' /( / ~<' .<. h,-
EXHlBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
I. Subsection 2.01.03.G.1 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 Management Plan:
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 ingress & egress
/
Yes \' No
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 V No
Based on the above findings, this conditional use'hou~~ith stipulations, (copy attached)
(should not) be recommended for approval
DATE:
./
;f ,/, Os
MEMBER:
I~ t--1~~[1(
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03.G.I 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 Management Plan:
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 ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-.....,.,.,' l.,' ~';"'l ,-
( , 1~u...~',\'L-fU (
. (
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) be recommended for approval
DATE:
.:i
(
I
,
MEMBER: \
f-ll1 evli
EXHIBIT "A"
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-6090
The following facts are found:
1. Subsection 2.01.03,G.1 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 Management Plan:
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 ingress & egress
Yes / No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o 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) be recommended for approval
fYl(J(\I\be,
// 1
/.1~f
~~ /
DATE: /1- 7.,
1 ~
. .
l/ J
.PT....A 11{~1~\N:
EXHIBIT "A"
Metes & Bounds Description
TRACT 84, GOLDEN GATE ESTATES, UNIT NO. 20, AS RECORDED IN PLAT BOOK 7,
PAGE 80, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE
SOUTHERLY 594.44 FEET AND LESS 1RE NORTHERLY 79.43 FEET FOR RIGHT-OF-
WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3159, PAGE 184 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND AS DESCRIBED BY TAX
IDENTIFICATION NUMBER 37595380004.
CONT AlNING 1.65 ACRES OF LAND MORE OR LESS.
LESS THE SOUTHERLY SIX INCHES (6") OF THE ABOVE REFERENCED PROPERTY.
EXHIBIT B
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Conditions for Approval of Conditional Use CU-2004-AR-6090
(March 17,2005)
1, The Director of the Department of Zoning and Land Development Review may
approve minor changes in the location, siting or height of buildings, structures,
and improvements authorized by this 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 10.02.03, Site
Development Review and Approval, of the Collier County Land Development
Code (Ordinance 2004-41).
2. Pursuant to Section 2.03.07.E of the Land Development Code, if, during the
course of site clearing, excavation, or other construction activity, a historical or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
)
3. The Conditional Use approval to allow a Master Pump Station is limited to the
site plan identified as "Pump Station On CR846 East Of 951" prepared by Agnoli,
Barber& Brundage, Inc., stamped "Received 9/14/04", and within the limitations
of condition #1 listed above.
4, The following Environmental requirements shall be provided at the time of the
Site Development Plan (SDP) submittal:
· SFWMD jurisdictional determinations shall be required upon (Site
Development Plans) SDP application.
· All principal structures shall have a minimum setback of 25-feet from the
boundary of any preserve and shall be indicated on the SDP.
· The required preserve area shall be provided (LDC Section 3.05.07).
· A minimum width of20-feet shall be provided for the preserve area.
Exhibit "D"