Resolution 2003-210BOARD OF ZONING APPEALS
RESOLUTION 03- 210
A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING
APPEALS PROVIDING FOR APPROVAL OF CONDITIONAL USE
"11," FOR A FIRE STATION IN THE "C-4" ZONING DISTRICT
PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 14, TOWNSH1P 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; AND PROVIDING FOR RECORDING AND
AN EFFECTIVE DATE.
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, 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 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
"11" of Section 2.2.15.3 of the Collier County Land Development Code in an "C-4" Zone for a
fire station 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, identified as CU-2003-AR-3730, filed by David A. Titsch, of Titsch and
Associates Architects, Inc., representing the East Naples Fire Control District with respect to the
property hereinafter described in Exhibit "B" attached hereto and incorporated by reference
herein, is hereby approved for Conditional Use "11" of LDC Section 2.2.15.3 to allow a fire
station in the "C-4" Zoning District in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the conditions found in 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 and this Resolution will become effective upon adoption.
This Resolution adopted after motion, second and majority vote.
Done this lO day of
2003.
BROCK, CLERK
Deputy Cl.e, rk.
stgn~b~e
BOARD OF ZONING APPEALS
COLLIER CO~JNTY, FLORIDA
BY: Z~"~'~,.,~.
TOM HENNING, CHAI~
Approved as to form and
~nt4~sufficiqr~y: .,, /
Patrick G. White
Assistant County Attorney
Exhibits (attached):
Findings of Fact
Legal Description
Conceptual Site Plan, entitled, "East Naples Fire Control Jeepers
Drive Station," last revised March 17, 2003, which is a two-page
set of plans prepared by Titsch & Associates Architects, Inc,
stamped received March 20, 2003
Conditions
CU-2003-AR-3730/KD/lo
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3730
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
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:
Consistency with the Land Development Code and Growth Management Plan:
Yes ''~' No
Ingress and egress to property and proposed structu~s 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
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) be
recommended for approval to the Board of Zonlng Appeals.
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3730
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
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
No affect or ~ Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
The following facts are found:
1.
2.
CU-2003-AR-3730
Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
Cyranting 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 Crrowth Management Plan:
Yes X 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) be
recommended for approval to the Board of Zoning Appeals.
MEMBER:
£XHIBI? k
17B
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3730
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
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:
Consistency w~ the Land Development Code and Growth Management 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 Ufl No
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 should, wit1//stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3730
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
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:
ho
Consistency with the Land Development Code and C.n'o~ Management 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 consol, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes ~//'/No
Ce
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
b/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 attache) be
recommended for approval to the Board of Zoning Appeals.
DATE:
//-/
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2003-AR-3730
The following facts are found:
1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use.
e
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:
Consistencywi~and Development Code and Growth Management Plan:
r~
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 & e~gress
Yes
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/~.t.t~in district
Yes ~" No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
MEMBER: ~~
':-~' EXHIBIT A
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CU-2003-AR-3730
Exhibit B
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CU-2003-AR-3730
Page I of 2
Exhibit C -
CU-2003-AR-3730
Page 2 of 2
Exhibit C
East Naples Fire Station
CONDITIONS FOR APPROVAL
J. 7B
1. The conditional use approval to allow a fire station is limited to what is depicted on the
Conceptual Site Plan, entitled, "East Naples Fire Control Jeepers Drive Station," last revised March
17, 2003, which is a two-page set of plans prepared by Titsch & Associates Architects, Inc,
stamped received March 17, 2003, except as further conditioned below.
2. The fire station is the only use of Conditional Use "11" that is allowed on this site. Any other
uses that require conditional use approval would need to seek and receive separate approval.
3. The front setbacks for the fire station use along Bayshore Drive and Jeepers Drive are
established at 25 feet. Any other use developed on this site must comply with the requirements of
the LDC, as amended, for that use.
4. The project must be developed in accordance with all other requirements of the
Bayshore/Gateway Triangle Redevelopment Overlay of the GMP as it may be in effect when
development approvals and building permits are sought.
5. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any
and all traffic signal(s), at any and all development entrance(s), or as in this particular case at the
intersection of Bayshore Drive at Jeepers Drive, when determined warranted and approved by
Collier County Transportation staff. When warranted, upon the completion of the installation,
inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic
signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and
maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share"
payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property
owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage
of usage/impact.
Architectural Conditions:
a. The conditional use site plan submittal does not meet architectural standards for. primary
facade requirements, sidewalks along roads and to buildings, and facade/wall transition
elements. The SDP site plan must be in compliance with all requirements of LDC Division
2.8. Project site plans are subject to review for compliance with LDC § 2.8. at the time of
SDP submittal.
b. The petitioner may apply for deviations at the time of the SDP submittal, in accordance with
the provisions of LDC Section 2.8.2.5.
c. No variances or deviations from the architectural standards are implied or approved as part
of the conditional use process.
d. No deviations for non-commercial development are implied or approved as part of the
conditional use process.
7. Prior to approval of a Site Development Plan, the site plan is subject to review and approval by
Alternative Transportation Modes/Landscape Operations staff for compliance with Bayshore MSTU
requirements relating to landscaping and irrigation plans.
Revised: 4/11/03
CU-2003-AR-3730
Exhibit D