Resolution 2002-044
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RESOLUTION NO. 02-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR AN ESSENTIAL SERVICE
CONDITIONAL USE IN AN "A" RURAL AGRICULTURE AND
"A-ST" RURAL AGRICULTURE WITH SPECIAL TREATMENT
OVERLAY ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 13, TOWNSHIP 48 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 an essential service conditional use pursuant
to Section 2.6.9.2 of the Land Development Code in an "A" Rural Agricultural and "A-ST" Rural
Agricultural with Special Treatment Overlay Zoning District 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 filed by Anita L. Jenkins, AICP, of WilsonMiller, Inc. representing the
North Naples Fire Control and Rescue District 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 an essential service conditional use pursuant to Section
2.6.9.2 of the Land Development Code in an "A" Rural Agriculture and "A-ST" Rural
Agricultural with Special Treatment Overlay Zoning District for a fire station in accordance with
the Conceptual Master Plan (Exhibit "C") and subject to the following conditions:
Be
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 adopted after motion, second and majority vote.
Done this ci? .:?~ day of ~ ' 2002.
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Approved as to Form',and
Legal Sufficiency:
BOARD OF ZONING APPEALS
COU1E~A
BY;AME . COLETT ,~
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Marjo M, Student
Assistant County Attorney
RBllo/AR-1411
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2001-AR-1411
The following facts are found:
1. Section 2.6.9.2 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 conditiona~ shou~ith stipulations, (copy attached)
(should not) be recommended for approval
DATE:~{ '[ () \ 1.00 \.
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Wi/sUnMiller
lint OInIcIions In PImn/ng. DtIIign & Engfnftdng
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DESCRIPTION OF ALL OF THE WEST ONE-HALF (W 1/2) OF THE NORTHWEST ONE-QUARTER
(NW 1/4) OF THE SOUTIlWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LESS THOSE LANDS DESCRIBED IN
O.R. BOOK 2619 PAGES 214-215, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
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ALL OF THE WEST ONE-HALF (W 1/2) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE-
QUARTER (SW 1/4) OF TIfE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, LESS THOSE LANDS DESCRIBED IN O.R. BOOK 2619 PAGES 214-215, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCmG ATniE SOUTIlEASTCORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, SOUTH 88020'59" WEST 2650.]6
FEET TO THE SOlITH 1/4 CORNER OF SAID SECTION 13;
THENCE ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, NORTH 00036'06" WEST 2693.36
FEET TO THE CENTER OF SAID SECTION 13;
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, NORTH 00036'06" WEST 673.34
FEET TO THE SOUTHwEST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13;
THENCE ALONG THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF TIlE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13, NORTH 88033'35" EAST 237.74 FEET TO THE soumEAST CORNER OF
THOSE LANDS DESCRIBED INO.R. BOOK 2619 PAGE 214, COLLIER COUNTY, FLORIDA, AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE EASTERLY LINE OF SAID LANDS NORTHWESTERLY 705.44 FEET ALONG THE ARC OF A
NON-TANGENTIAL CURVE CONCA VE NORTHEASTERLY, HA vmG A RADIUS OF 1772.36 FEET, nIROUGH A
CENTRAL ANGLE OF 22048'18" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORm 17033'34" WEST
700.79 FEET TO THE NORTHEAST CORNER OF SAID LANDS, ALSO BEING A POINT ON THE NORTH LINE OF TIfE
WEST 1/2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF TIfE NORTHEAST 1/4 OF SAID SECTION 13;
THENCE ALONG ruE NORTH LINE OF THE WEST 1/2 OF TIfE NORTHWEST 114 OF TIfE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13 NORTH 88035'53" EAST 298.41 FEET TO TIlE NORTIfEAST CORNER OF THE
WEST 1/2 OF THE NORTHWEST 1/4 Of THE SOUTHWEST 1/4 OF TIfE NORTHEAST 1/4 Of SAID SECTION 13;
THENCE ALONG THE EAST LmE OF THE WEST 1/2 OF TIfE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13 SOUTH 00034'52" EAST 673.12 FEET TO mE SOUTHEAST CORNER OF TIfE
WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF TIfE NORTIfEAST 1/4 OF SAID SECTION 13;
THENCE ALONG THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTI-lWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13 SOUTH 88033'35" WEST 93.76 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
PARCEL CONTAINS 3.4 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE OF THE EAST LINE OF SAID SECTION 13, BEING NORTH 00036'06"
WEST. (STATE PLANE)
SUBJECT TO EASEMENTS, RESERVATIONS, AND RESTRICTIONS OF RECORD.
CERTIFICATE OF AUllIORlZA TlON # LB-4J.
ND LAND SUR#EYO .
DATE: ? '1g, I'
#6065
NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL.
REF. 4L.1582
PIN: 03557-000-00 I
DATE: 7/18/01
EXHIBIT liB"
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IIlIpllls Fort My.rs S.,.sot. S'lId.nton r.",p.
32OOBaileyLEne. Suite 200 Naples. Florida 34105-8501 941-649-4040.941-643-5716.
www.wilsonmllltlr.f;om
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AGRICULTURAL ZONING
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AGRICUl TURAl ZONING
EXHIBIT "e"
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NORlH NAPLES FflE STATION t48
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CONDITIONS OF APPROVAL
CU-OI-AR-1411
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 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 of the Collier County Land Development Code.
b) Pursuant to Section 2,2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity an historic 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,
c) Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit Rules. In addition, the project is subject to an exotic
vegetation removal, monitoring plan for the site, with emphasis on the
conservation/preservation areas, shall be submitted and approved by the County prior
to final site development plan approval.
d) The directional median opening shall be for emergency vehicles only.
EXHmIT "D"