Resolution 2002-505
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RESOLUTION NO. 02- 505
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN
ESSENTIAL SERVICE CONDITIONAL USE FOR AN EXPANSION
OF THE COLLIER COUNTY PUBLIC LffiRARY LOCATED IN
IMMOKALEE, FLORIDA, IN THE RSF-3 ZONING DISTRICT
PURSUANT TO SECTION 2.6.9.2 "ESSENTIAL SERVICES" OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 04, TOWNSHIP 47 SOUTH.
RANGE 29 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 Collier County Land Development Code in an "RSF-3" Zone for the expansion
of the Collier County Public Library 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 Richard G. Lewis, P.E. of Anchor Engineering Consultants, Inc.,
representing Collier County Facilities Management Department 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 Collier County Land Development Code in the "RSF-3" Zoning District for the
expansion of the Collier County Public Library in Immokalee 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.
This Resolution adopted after motion, second and majority vote.
Done this [~,~J~ day of ~~.r' ,2002.
BOARD OF ZONING APPEALS
COLLIER COUNT, J~, FLORIDA
JAMESON. COLETTA, CH~AN
D~' I~,~.~:}~'RgCK, CLERK
appro[e9. as-to ~m ~o
Legal SuffiCiency:
~jo~ M. Student
Assistant County Attorney
CU-2002-AR-3278/RB/Io
17/1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-3278_
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:
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.
EXHIBIT "A"
DATE: CHAIRMAN:
PROPERTY DESCRIPTION:
OFFICIAL RECORD BOOK 4-56, PAGE 584., PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
(PROVIDED BY THE COLLIER COUNTY GOVERNMENT - REAL PROPERTY MANAGEMENT
DEPARTMENT ON DECEMBER 5, 2001)
The Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 4, Township 47
South, Range 29 East, Collier County, Florida.
Subject to easements, restrictions and reservations of record.
EXHIBIT "B"
(CU-02-AR-3278)
I]~t 24 02 ll:51a FIMCHOR EMGIMEERIMG (238) 83~-0818 p.3
'I
EXHIBIT "C"
_k -l.
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CONDITIONS OF APPROVAL
CU-02-AR-3278
1. The Planning Services Department Director 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 (LDC).
2. Pursuant to Section 2.2.25.8.1 of the LDC, 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.
3. The native vegetation preservation requirement shall be satisfied with areas of
retained native vegetation and/or areas re-planted with native species shown at the
time of site development plan (SDP) approval pursuant to Section 3.9.5.5 of the
LDC. A minimum of 10 percent of the existing vegetation shall be shown as
preserved at the time of SDP submittal.
4. The petitioner shall provide storm water calculations that are signed & sealed by a
Florida professional engineer at the time of SDP submittal.
5. At the time of site development plan review, the petitioner, if applicable, shall
provide legal proof that adjacent property owner will allow storm water discharge
from the proposed project into his/her property.
6. At the time of site development plan review, the petitioner shall provide the
maximum allowable discharge rates in accordance with Ordinance 90-10 (as
amended).
7. Provide a copy of SFWMD permit, permit modification or waiver, at time of SDP
review.
EXHIBIT "D"