Resolution 2001-452
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RESOLUTION NO. 2001 - 452
RELATING TO PETITION NUMBER
VA-2001-1295 FOR A VARIANCE ON
PROPERTY HEREINAFTER DESCRIBED
IN COLLIER COUNTY, FLORIDA.
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WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida
Statutes, has conferred on all counties in Florida 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 establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
~. WHEREAS, the Board of Zoning Appeals, being the duly elected constituted
Board of the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a 3 foot variance
from the required 30 foot side yard setback to 27 feet for a proposed Sludgc::lolding
Tank No.2, as shown on the attached plot plan, Exhibit "A", in a "A" Rural
Agri~tural Zone for the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 2.7.5 of
the Zoning Regulations of said Land Development Code for the unincorporated area of
Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by
this Board in 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 V A-2001-AR-1295 filed by Robert L. Duane, AICP, of Hole,
Montes and Associates, representing the Collier County Public Utilities Department,
with respect to the property hereinafter described as:
(Exhibit "B")
be and the same hereby is approved for a 3 foot variance from the required 30 foot side
yard setback to 27 feet as shown on the attached plot plan, Exhibit "A", of the "A"
Rural Agricultural Zoning District wherein said property is located, subject to the
following conditions:
(Exhibit "C")
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BE IT RESOLVED that this Resolution relating to Petition Number
V A-2001-AR-129S be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~ 7 ~ day of J.kcJerrlhel<.... , 2001.
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/l~~I~J.~::Nrt;\@J<., Clerk
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Approved as to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLO A
~- on /kuh~d-
Marjo M, Student
Assistant County Attorney
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LEGAL DESCRIPTION
^ parcel of 'land located In the SouthWest quarter ~f Section 21.
Township 50 South, Range 26 Ent, 'Colller County. Florida. being
more particularly described as ,follows:
Commence at the Southwest corner of Section 21. Township sa
South, Range 26 East. C4lller County. Florida, the same being the
POINT OF BEC1NHlNO of the parcel of land herein described' thence
run North 02053'50" East along the West line of the sout~est
quarter of the said Section 21 for 8 distance of 5\0.07 feet;
thence run South 3202"30" East for a distance of 236.05 feet.
thence run South 26009'12" West for a distance of ]115.51 feet'to
,the POINT OF BEGINNINO.
C4ntalnlng 0.1967 acres more or less.
^ parcel of land located In Section 20: Township 50 South. Range
26 east. COllier C4unty. Florida. being more particularly
described as follOWS:
'cD C)
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Begin at the southeast corner of Section 20, Township 50 South, CJlJ N
Range 26 East, COllier County. Florida and run North 89033'27. ~-
West along the South line of said Section 20 for 2.121.16 feet t~ -
the Easterly right-of-way of the Lely Service Road; thence North .
]8050'53" West along said right-of-way for 123.00 feet: thence
North 79012036. East for 135.00 feet; thence North 0502"00" West
for,1110.71 feet; thence North 39056'119. West for 515.10 feet"to
Intersect non-tangentially a curve concaved Southeasterly: thence
run 135.36 feet along the arc of said curve having a radius of
14.506.16 feet. a central angle of 00032tOS.. a chord of 135.36
fee,t and a chord bearing of South 7eo'6'3e. West to the, East
right-of-way of said Lely Service Road; thence North 1105901_"
West along said right-or-way for 20.00 feet to the Southwest
corner, of Lot .. of Lely Country C1ub Tanglewood I according to -:JIli
the plat thereof recorded In Plat Book 13 at Page 107 of the ~
Public Records of COllier County. Florida; thence run 11211.52 feetGl
along the arc of a curve concaved Southea~terIY. the same being ~
the Southerly line of the said Plat of Lel.y C4untry Club
Tanglewood I. having a radius of '11.526.16 feet. a central angle
of 01...0'28.. a chord of ..211.51 feet and a chord bearing of North
78050'50. East to a point of tangency. thence North 790..,00".
East .tong sald tangent. the same being the s~~therly Ilhe of the
sald.Plat of Laly Country Club Tanglewood , 'or 1.090.118 feet:
thence South 10018056" East for 10.00 fee4 .0 Intersect.
non-tangential IV. a curve concaved Nort~ ~sterly. thence run
591.3' feet along the arc of .ald cur'", having a radius of 590.00
feet. a central angle of ~8006'3-., a chord of 573.06 feet, a
chord bearing of North 50~370_7. Ea.t to a point of tangency:
thence North 1,0311'30. East for '7.16 feet; thence South
68025'30. East (or 86.93 feet; 'thence South 320211'30. East for
977.7. f.et to an Intersection wlth the East line of the
South...t quarter of the said Section 20; thence South 02053'50"
West along the East line bf the southeast quarter of the said
Section 20 for 510.07 fee~ to.the POINT OF BECIHHING.
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Containing 116.7517 acres more or ..ss.
EXHIBIT "B"
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CONDITIONS OF APPROVAL
V A-2001-AR-1295
a) This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
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.
EXHmIT "C"
maximum <?f20,OOO cubic yards) of the total volume excavated unless a commercial excavation
permit is received.
2.5 USE OF RIGHTS-OF-WAY
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Utilization oflands within all project rights-of-way for landscaping, decorative entrance ways, and
signage may be allowed subject to review and administrative approval by the Developer and the
Collier County Development Services Director for engineering and safety considerations during
the development review process and prior to any installations.
2.6 MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and sale of real
estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and
signs, shall be permitted principal uses throughout the Sandpiper Village PMk project subject to
the requi of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Dhri3ion 3.2, Section
3.2.6.3.6, .6.33. of he ollier Count Land Development Code. Such uses may be authorized
b utili ti It en la fo u u alone.
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2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD CONCEPTUAL
MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan
as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development
Code. Minor changes and refinements as described in Section Five of this PUD document may
be made in connection with any type of development or permit application required by the Collier
County Land Development Code.
2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout
Sandpiper Village PUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3: 1
2. Ground covered berms 2:1
3. Rip-Rap berms 1: 1
4. Structural walled berms - vertical
Words underlined are additions; words stn:ick tl1,'ongh are deletions.
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