Resolution 2003-253
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RESOLUTION NO. 03 - 2..5.J....
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
STORAGE FACILITY CONDITIONAL USE IN THE "I"
INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION
2.2.16.3.20 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 49
SOUTH, RANGE 25 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 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 "20" of Section 2.2.16.3 of
the Collier County Land Development Code in an "I" Zone for an oil storage facility on the property
hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have 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:
The petition filed by Dennis Cronin of Bond, Schoeneck and King, P.A., representing
Dennis R. Combs and Earl G. Hodges 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 Conditional Use "20" of Section 2.2.16.3 of the Collier
County Land Development Code in the "I" Zoning District for an oil storage facility in
accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
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Exhibit "D" which is attached hereto and incorporated by reference herein.
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Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Done this
2.~ day of
This Resolution adopted after motion, second and super-majority vote.
,2003.
JU(~
BOARD OF ZONING APPEALS
COLLIER COU Y, FL IDA
BY:
TO
ATTEST:""'''''.
DWrGij$\~. 'BR:~~*;, G:LERK
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Apprav.ed as to Fo1'n1~~hd S1gnatn OR1J.
Legal' Silifi,c.ieI:lGY:;';; ,
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Marjori6JM. Student
Assistant County Attorney
cu- 2003-AR- 3634/FRllo
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3634
The following facts are found:
1. Section 2.2.16.3.20 of the Land Development Code authorizes 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 No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
CHAIRMAN:
EXHIBIT 11 A "
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CU-2003-AR-3634
LEGAL DESCRIPTION
A parcel of land lying in Section 36, Township 49 South, Range 25 East. Collier County,
Florida, more particularly described as follows:
The East Y2 of the Southeast y.. of the Southeast y.. of the Southwest y.. of Section
36, Township 49 South. Range 25 East. The above describes an area of
approximately 201,850 square feet or 4.63 acres of land more or less.
The Said lands are subject to right-of-way of State Road 858 on the South; to a 60-
foot roadway easement on the East 60 feet; and to a 10-foot utility easement on the
West 10 feet thereof.
EXHIBIT "B"
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CU-2003-AR-3634
CONDITIONS
1. The location of the petroleum bulk station and terminal is limited to the north 305
feet of the property.
2. Vehicular access to the site shall be determined by Collier County Transportation
Staff at time of site development plan review.
3. The oil storage facility shall be registered with the Florida Department of
Environmental Protection at least ten (10) days prior to fuel tank installation. The
Collier County Pollution Control Department shall be notified at least twenty-four
(24) hours prior to fuel tank installation.
4. The color of the storage tanks shall comply with the applicable provisions of
Division 2.8 ofthe Land Development Code.
Exhibit "D"